FORMER HONEYWELL INTERNATIONAL EMPLOYEE DEBARRED FOR VIOLATIONS OF EXPORT LAWS

FROM:  U.S. STATE DEPARTMENT 
State Department Debars Former Honeywell International Employee for Export Violations
Bureau of Political-Military Affairs
November 27, 2013

The State Department issued an order administratively debarring LeAnne Lesmeister, former compliance officer at Honeywell International, Inc. (Honeywell), from participating in any activities that are subject to the International Traffic in Arms Regulations (ITAR)(22 C.F.R. parts 120-130) for violations of the Arms Export Controls Act (AECA)(22 U.S.C. § 2778) and the ITAR.

Honeywell voluntarily disclosed to the Department numerous ITAR violations carried out by Ms. Lesmeister, its senior export compliance officer in Clearwater, Florida, between 2008 and 2012. Ms. Lesmeister, who had worked in export compliance at Honeywell for twenty-seven years, used her position to circumvent Honeywell’s export compliance program in the fabrication of various export control documents that Ms. Lesmeister presented as Department of State authorizations. Relying on these falsified authorizations, Honeywell exported defense articles, including technical data, and provided defense services to various foreign persons without Department approval in violation of the AECA and ITAR.

The State Department’s Office of Defense Trade Controls Compliance in the Bureau of Political-Military Affairs performed an extensive compliance review of the disclosed violations. The results of that review indicated no direct harm to U.S. foreign policy or national security. The nature of the violations, however, prompted the Deputy Assistant Secretary for Defense Trade Controls in the Bureau of Political-Military Affairs to formally charge Ms. Lesmeister with twenty-one violations of the AECA and ITAR in connection with her creation and use of Department authorizations, containing false statements or omitting and misrepresenting material facts for the purpose of exporting, retransferring, or furnishing defense articles, technical data, or defense services, and causing the unauthorized export of technical data and provision of defense services.

This administrative debarment is the result of the Department’s first institution of an administrative proceeding by referral of a charging letter before an Administrative Law Judge for consideration pursuant to ITAR § 128.4. The referral and debarment followed Ms. Lesmeister's failure to answer the formal charges.

Acknowledging the serious nature of the violations, Honeywell cooperated fully with the Department’s review and implemented remedial measures to resolve the conditions that allowed the misconduct of one employee, in a position of authority, to bring about significant export compliance violations.

This administrative proceeding highlights the range of potential penalties that may be imposed by the Department on entities or individuals for ITAR violations. Individuals, if found culpable, may not be shielded by their employers for their independent violations. Those persons tasked with an entity’s export responsibilities, should be vigilant in their compliance with all export control regulations.

Under the terms of the administrative debarment, Ms. Lesmeister will be prevented from participating directly or indirectly in any activities that are subject to ITAR for a period of three years and until an application for reinstatement is submitted and approved by the Department. The Department determined that civil penalties were not appropriate at this time.

SECRETARY OF STATE KERRY'S REMARKS IN BRUSSELS, BELGIUM

FROM:  U.S. STATE DEPARTMENT 
Solo Press Availability at NATO
Remarks
John Kerry
Secretary of State
NATO Headquarters
Brussels, Belgium
December 3, 2013


SECRETARY KERRY: Good evening, everybody. Before we get to a discussion of the NATO business, I’d like to just spend a brief moment, if I can, saying something about events that the whole world is watching, and that is the situation in Ukraine. The powerful expressions of support for Europe in cities all across the Ukraine have really been quite extraordinary. People of all different backgrounds are giving voice to their very real and very deep aspirations, and we urge the Ukrainian Government to listen to the voices of its people who want to live in freedom and in opportunity and prosperity. And we urge all sides to conduct themselves peacefully. Violence has no place in a modern European state. And to work together, we think that is really the goal that everybody in the Ukraine should be pursuing, work together to get the Ukraine back on the road to European integration and to economic health. And we hope that that can happen as rapidly as possible.

Let me say that I’m very pleased to be back in Brussels and to be here working alongside my 27 fellow allied foreign ministers to prepare for the NATO summit in Wales that will take place in September of next year. 2014 is really going to be a pivotal time for NATO and for a transformation that is taking place with respect to NATO engagement and responsibilities. It will be a pivotal time for our alliance and for the transatlantic relationship.

We will mark a number of very important anniversaries in the U.S.-European relationship next year: 100 years since Sarajevo and the outbreak of World War I; 70 years since Normandy; 25 years since the Berlin Wall fell; and 15, 10, and 5 years since NATO’s post-Cold War enlargements. As our nation honors those anniversaries and comes together for both the EU and the NATO summits, we have to take every single opportunity in order to renew our commitment to the transatlantic relationship and to cement NATO’s role as the transatlantic core of a global security community.

The Secretary General has outlined three key areas for the South Wales summit: first, the way forward in Afghanistan; second, the capabilities that NATO will need to continue as the most successful political and security alliance that the world has ever seen; and third, NATO’s critical partnerships with countries from outside of the alliance.

Today, we discussed and we will discuss at much greater length tomorrow the tremendous progress that has been made in transitioning to full Afghan leadership in providing for that country’s security. We will also address the importance of maintaining a strong commitment to Afghanistan even after we end the NATO combat mission next year. The United States is committed to do its part in contributing to the new mission to train, advise, and assist Afghan security forces after 2014.

As that combat mission comes to a close, we must keep or make certain that we keep NATO finely tuned to be able to invest in the capabilities, the exercises, and the training that will enable all of our nations to be able to address the challenges of the future.

One lesson that we can certainly draw from NATO’s history, and that is the value of helping to support local security forces, particularly as a means of stabilizing post-conflict situations. We now need to institutionalize this ability to be able to train, and we need to do what we can to help countries that need and want our support in that training exercise.

Today, we also spoke about how we can energize existing partnership frameworks like the ones that exist in the countries of the Mediterranean and the Gulf, and how we can deepen cooperation with our key operational partners, those most capable are willing to deploy with us when and if needed. Both of these objectives will be critical parts of protecting our ability to deploy whenever and wherever needed.

We also recognized that the security threats of the future are not going to look like the security threats that we face today in many respects. I joined Minister Paet in signing a U.S.-Estonian Cyber Partnership Statement earlier today, and that commits both of us to do even more together in order to combat this real and growing security concern within the cyber sphere.

When NATO was established more than 60 years ago, President Truman remarked, “If there is anything inevitable, if there is anything unconquerable in the world today, it is the will of the people of all nations for freedom and peace.” Since then, NATO has played an absolutely essential role in supporting that will around the globe. As we build on today’s discussions and focus on our partnerships, our capabilities, and our enduring commitment to Afghanistan, I personally have every confidence that NATO will continue to protect freedom, continue to try to push for and bring about peace, and it will do so for decades to come.

So I thank you very much for being here and I’d be delighted to answer any questions.

MS. PSAKI: The first question will be from Michael Gordon of the New York Times.

QUESTION: Sir, the former commander of NATO and American forces in Afghanistan, General John Allen, a man whom you’ve asked to help with the Middle East peace process, wrote last week in an op-ed article that it was a mistake to insist that President Karzai sign a BSA this year. And his basic argument was that the United States should not let one man – a departing president, no less – stand in the way of an agreement. As he wrote, “The United States should stay patient. It can say to Mr. Karzai if you want to reinforce Afghan democracy by letting your successor sign this security deal, we can live with that.”

Given all the sacrifices and the stakes involved, why is it – why shouldn’t the United States wait till after the next election, which is in April, for the agreement to be signed? What is the real deadline? And the NATO Secretary General just told us that he himself is not setting an exact date.

SECRETARY KERRY: Well, I’m not going to get into – I don’t think I’ve ever spoken with respect to a hard, fixed specific date except that the President of the United States has urged him to sign it by a period of time – urged him. I don’t think he set an ultimatum.

But the reason, Michael, is very clear. I mean, we’re not – this is not fooling around. This is serious business. There are over 50 nations who are engaged here through NATO in trying to help Afghanistan. And those nations have budget cycles. Those nations have planning requirements. Those nations have equipment requirements. They have deployment requirements. And all of those things are best managed with planning.

So what we are asking for is the optimum, which is to try to manage this transition in Afghanistan. And it is interesting that the vast majority of people in Afghanistan – the Loya Jirga, which President Karzai himself made the decision to go to – came out with a judgment that this ought to be signed so that it would optimize the opportunities for this transition in Afghanistan.

Now, can you maybe muddle through? Can you do other things? That’s not the issue here. The issue is: How do you get the best transition possible? How do you do the best planning possible? How do you lay the best groundwork possible? How do you give confidence to people in Afghanistan? How do you give confidence to the military that is in the midst of training? How do you give confidence to all those people running for office next year who are looking for some certainty as to what the basis and foundation of that election might be about?

And I think that it is important for the agreement to try to move forward. Now, it doesn’t have to be – his minister of defense can sign it, the government can sign it, somebody can accept responsibility for this. But I think it is important for planning purposes, for people who have been extraordinarily patient, who are trying to allocate major amounts of money to sustaining this effort in Afghanistan, to have knowledge of where they’re going.

We negotiated this agreement. I personally negotiated it with him and we came to a conclusion, and the President agreed and stood up and said this is what we’re going to do, we’re going to send it to the Loya Jirga, and if they approve, then we’ll send it to parliament and go forward. Now, I don’t believe in renegotiating unilaterally, and I don’t believe in and I don’t think President Obama appreciates, the amount of sacrifice that has been made by our troops, by the American people to contribute to the future of Afghanistan, that this somehow is being left in doubt at this critical moment. And I think all of our colleagues here today voiced a desire for their planning purposes and for the confidence that comes with the knowledge that we are moving in the same direction, that they all voiced hope that this can be done sooner, not later. And I think that’s what we need to aim for is sooner, not later, because that is what is best for Afghanistan.

MS. PSAKI: The next question will be from Ana Pisonero from Europa Press.

QUESTION: Secretary General, what more – what can NATO do to influence events on the ground in Ukraine? I mean, would the U.S. support maybe a more radical change of doing EU sanctions or something against Ukraine, or is this not something that we should think about at this time and just give space to both parties?

SECRETARY KERRY: I think NATO has done what it has done today, which is make a statement about it, but I don’t think NATO has a role. NATO is a defense alliance. It’s a national – it’s a security alliance. And NATO has spoken out, out of its concern, but it does not have a role, does not play a role, and is not contemplating a role. This is really something that the people of the Ukraine need to work out with their leadership, and the leadership needs to listen to the people and work out with the people.

Clearly, there is a very powerful evidence of people who would like to be associated with Europe and who had high hopes for their aspirations to be fulfilled through that association. And we stand with the vast majority of the Ukrainians who want to see this future for their country, and we commend the EU for keeping the door open to that. But that is not a NATO piece of business, beyond the statement that it has issued today.

MS. PSAKI: The final question is from Elise Labott of CNN.

QUESTION: Thank you. Mr. Secretary, if I could just follow up on that, I mean, NATO is a defense alliance, but the U.S. gives a lot of money to Ukraine; it does have a lot of influence. So what can the U.S. do in particular? And to add to that, Russia has been taking a lot of heavy-handed tactics to stop this – people who have greater desires for economic integration with Europe. For months, they’ve taken a number of punitive measures to discourage East European nations from forming trade agreements with the EU, such as in Moldova where you’re visiting. So why aren’t you speaking out more forceful on this?

And while I have you, on the issue of detained Americans, we have several serious cases pending right now. The case of Merrill Newman – can you discuss what’s being done to bring him home? Today is also the fourth anniversary of Alan Gross’s detainment in Cuba. He says his nation has abandoned him. What do you say to that?

Thank you.

SECRETARY KERRY: Well, let me speak first of all to Ukraine. Europe and Europe’s friends all decline to engage in a rather overt, and we think, inappropriate bidding war with respect to the choice that might or might not be made. And that choice, obviously, is distinguishable between a choice made by the leadership versus the choice that is being made by the people. And that’s why people in unbelievable numbers are demonstrating across the Ukraine, because Mr. Yanukovych has obviously made a personal decision, and the people don’t agree with that decision.

We, like our European friends, believe that the people of Ukraine ought to have the right to be able to express themselves freely, without violence, and that the leadership in the Ukraine ought to listen to them. And there’s some evidence that in the last 24 hours that leadership has responded by saying that the door may, in fact, remain open and that they may relook at this issue. I don’t know.

I do know that we feel very strongly that they ought to make their own choice. They ought to be able to decide who they want to affiliate with, without a bidding war either in personal terms or in national terms, but rather based on the benefits that are available to them and the life that comes with it and the rights and benefits that they would like to be able to reach out to.

And I think that we’ve spoken out very, very clearly that we’re closely monitoring the situation on the ground. Assistant Secretary of State Victoria Nuland will be going there tomorrow and she will be joining other ministers who will be there for meetings. I personally will be going to Moldova in order to support that country’s European choice. And I look forward to visiting Ukraine when it, too, gets back on the path of European integration and economic responsibility. And we’ve spoken out very clearly about our desire to see the people of Ukraine be able to have their aspirations met by their own leadership in peaceful ways, without violence, which has no place in a modern European state.

That said, with respect to the number of American citizens who are being held in different places, we have been deeply involved in discussions on every one of those citizens. And we have been engaged behind the scenes – which is often the way these issues are best managed – in every single case in order to try to secure the safety of those people, and in order ultimately to be able to secure their release. And that is true of each of the individuals that you have listed.

In the case of Mr. Gross, we’ve had any number of initiatives and outreaches over the last several years and engagement with a number of different individuals who have traveled to Cuba, met with people individually there and elsewhere. And we are currently engaged in some discussions regarding that, which I’m not at liberty to go into in any kind of detail.

But the bottom line is that we have raised these issues not just in Korea – North Korea, not just in Cuba, but also with respect to a number of Americans who are held in Iran. And I have personally raised those names and those individuals with my counterpart as well as in other ways. And we are hopeful that in each case, at some point we will be able to win their freedom and have them rejoined with their families.

One day is too long to be in captivity, and one day for any American citizen is more than any American wants to see somebody endure. This has been too long in every case, and we will do everything we can and continue to. But these things are often best resolved in quiet diplomacy, under the radar screen, behind the scenes, and that is exactly what we have been pursuing. And when, in fact, we secure their release, the track record of those outreaches and those initiatives will speak for themselves as to how much effort and energy has been put into trying to secure their release. And God willing, we will get that done sooner rather than later, we hope.

MS. PSAKI: Thanks, everyone.

SECRETARY KERRY: Thank you.

COURT ORDERS TELEMARKETER AND OWNED COMPANIES TO PAY OVER $5 MILLION DUPED CONSUMERS

FROM:  U.S. FEDERAL TRADE COMMISSION 

At the Federal Trade Commission’s request, a federal court has ordered a Canadian telemarketer and four companies he owns to pay more than $5.1 million to American and Canadian consumers who were duped into paying hundreds of dollars based on false claims that the defendants had buyers lined up for their cars, and that refunds would be provided if the cars weren’t sold.  The court also permanently banned the defendants from telemarketing and payment processing.

According to the FTC’s complaint against Matthew J. Loewen  and his companies, the defendants called consumers who listed vehicles for sale on websites such as craigslist.org or ebay.com.  The defendants falsely claimed that, in exchange for a fee, typically $399, they would put the consumer in touch with a buyer, often telling consumers they had undervalued the vehicle and that the price the buyer was willing to pay would cover the defendants’ fee.  The defendants also offered $99 “refund insurance,” falsely promising consumers who purchased it a risk-free refund of their initial fee if the vehicle was not sold in 90 days.
           
On October 29, 2013, the U.S. District Court for the Western District of Washington found the FTC’s allegations to be true and ruled that the defendants’ telemarketing operation violated the FTC Act and the FTC’s Telemarketing Sales Rule.  According to the Court, the defendants’ promises to match consumers with car buyers was “simply false,” and the impression they conveyed of easily obtainable refunds was “decidedly deceptive.”

The Court also noted that, in order to evade detection, the defendants operated under a series of ever-changing corporate names (including Auto Marketing Group, Secure Auto Sales, and Vehicle Stars).  It also cited the defendants’ high rate of credit card chargebacks – in which consumers dispute charges and get them reversed -- as further proof of the fraudulent nature of the defendants’ operation.

In addition to the Order requiring Loewen and his co-defendants to pay $5.1 million, the Court permanently banned Loewen and his companies from telemarketing and payment processing.  The court order announced today also permanently prohibits the defendants from misrepresenting any material fact in selling used cars, including that they have identified potential buyers for a consumer’s vehicle and that, for a fee, they will put them in touch with the buyers.  The defendants are also barred from misrepresenting that those who buy their services are highly likely to sell their vehicle, and that some or all of the initial fee will be refunded if the consumer buys a refund insurance policy and the vehicle is not sold within some period of time.

The order also bars the defendants from misrepresenting material facts about any goods or services, selling or otherwise benefitting from consumers’ personal information, failing to properly dispose of customer information, and violating the Telemarketing Sales Rule.

The FTC acknowledges the assistance of Business Practices and Consumer Protection Authority, British Columbia, Canada.

To learn more about telemarketing scams, read Telemarketing Scams.

The Commission vote authorizing the staff to file the complaint was 5-0.  The complaint against Defendants Matthew J. Loewen and his companies 0803065 B.C. Ltd., 0881046 B.C. Ltd., ReadyPay Services, Inc., and Xavier Processing Services, LLC, was filed in the U.S. District Court for the Western District of Washington in Seattle.  The court entered summary judgment against the defendants on October 29, 2013.

NSF ON HOW CELLS FORM INTO INDIVIDUALS

FROM:  NATIONAL SCIENCE FOUNDATION 
Researcher seeks to identify the pathway that leads to cells forming into an individual body

By studying how genes influence cells to migrate and mutate, scientist hopes findings will lead to improved cancer treatments
All organisms begin life as a microscopic cluster of cells. What happens next, as they develop, is a source of endless fascination for scientists.

"How do you go from just a ball of cells into an organism that has a shape, and fingers, toes and brain?" says Traci Stevens, associate professor of biology at Randolph-Macon College. "Cells have to move during development. How do they do it? What is involved? How does that ball of cells become an organized individual?"

Stevens, a National Science Foundation (NSF)-funded scientist is trying to find out, specifically by learning more about the work of Abl, a gene responsible for regulating how cells migrate from that initial tiny collection of cells to form a shape and body parts. "It is a gene we all have, and it seems to work similarly in all organisms," she says.

Specifically, she is focusing on how Abl functions in Drosophila--the fruit fly--which has one Abl gene (humans--in fact, all vertebrates--have two related Abl genes, Abl 1 and Abl 2, whereas invertebrates have only one), making it easier to study. Moreover, "fruit flies have stages in development where we know exactly how the cells move and migrate in normal development," she says.

In her experiments, she activates a mutant form of Abl in the flies to see what happens as the altered gene disrupts the migration pattern. If she can see what goes wrong, she will understand what's supposed to go right. "When I can see what happens with a mutant form, it tells us what is supposed to happen normally," she says. "It seems like reverse logic, but that's how geneticists work."

Her research also involves using a genetic screen to search for other genes that interact with Abl. "We don't know all the details as to how Abl regulates cell migration, but we know Abl doesn't do it by itself, that it works with other proteins," she says.

Her work has potential applications in medicine, specifically for cancer treatment, since Abl "is misregulated in a lot of cancers," she says, adding that its dysfunction has an impact both on cell growth and how cancer cells metastasize. The gene is known to have a role in Chronic Myeloid Leukemia (CML), one of several types of leukemia, as well as in breast cancer, non small lung cancer and melanoma, she says.

To be sure, "we are many steps away, but by identifying not just Abl, but the things it interacts with, by understanding that pathway, it could help us control that pathway," she says. Ultimately, this could lead to the design of new drugs "that could inhibit or regulate this pathway in cases of cancer," she says.

She is conducting her research under an NSF Faculty Early Career Development (CAREER) award, which she received in 2009 as part of NSF's American Recovery and Reinvestment Act. The award supports junior faculty who exemplify the role of teacher-scholars through outstanding research, excellent education and the integration of education and research within the context of the mission of their organization. NSF is funding her work with $883,365 over four years.

As part of the grant's educational component, Stevens hosts two high school students and their biology teacher in her lab during the summer. They attend Cosby High School, a science-based high school in Chesterfield, Va. "They come into the lab for five weeks and work on a project or two," she says. "Then at the end of the summer, they present a poster at a college-wide conference."

Stevens is especially proud that one of the participating teachers had an opportunity to present her work at a national Drosophila meeting. "That was a great experience for her," Stevens says.

Stevens is studying Abl's role in two specific stages of fruit fly development. The first, the formation of the epithelium, or skin of the embryo, a process known as dorsal closure, where "there is a big opening on the skin and the cells migrate to close all the way around the embryo," she says. The second, head involution, is when "the inside of the head is on the outside, and those cells migrate inward to form the head," she explains.

"Those are the two stages we study," she adds. "They are both happening at nearly the same time, but at different places. They occur the first day you have a fertilized egg, before it hatches into a larva. So we are looking at the very beginning. We analyze their phenotypes, that is, we look at what developmental processes did not occur properly. For example, are there holes in the head indicating that head involution did not occur properly? Or are there holes in the dorsal surface indicating that there were cell migration problems during dorsal closure?"

In fruit flies, the Abl protein, which is made from the Abl gene, is found in the cytoplasm of the cell just under the cell membrane, where it can control cell migration, rather than in the nucleus, where it could regulate cell division.

In humans, and other vertebrates, Abl 2 is in the cytoplasm, as it is with fruit flies, but Abl 1 "shuttles back and forth between the nucleus and the cytoplasm," she says. "So Abl 1 binds to DNA in the nucleus and controls cell division, which Abl in Drosophila and Abl 2 in humans don't seem to do."

Scientists don't yet understand how the duties are divided between the two Abls in vertebrates and/or whether the two vertebrate genes might play unique roles, that is, roles that Drosophila Abl does not, according to Stevens.

Thus, "the fruit fly can't tell us everything," she says. "But it can tell us how the gene influences how cells move, and that can tell us something about what happens in humans since that is a function conserved in both fruit flies and humans."

--  Marlene Cimons, National Science Foundation
Investigators
Traci Stevens
Related Institutions/Organizations
Randolph-Macon College

SECRETARY KERRY'S REMARKS AT CYBER PARTNERSHIP AGREEMENT SIGNING IN BRUSSELS, BELGIUM

FROM:  U.S. STATE DEPARTMENT 
Remarks at a Cyber Partnership Agreement Signing With Estonian Foreign Minister Urmas Paet
Remarks
John Kerry
Secretary of State
NATO
Brussels, Belgium
December 3, 2013

MODERATOR: Good afternoon, and thank you all for being here today. It is my pleasure to welcome Secretary of State Kerry and Estonian Foreign Minister Paet who will sign a U.S.-Estonia Cyber Partnership Statement. Estonia is a key ally of the United States and a recognized leader on issues of cyber security and internet freedom. This statement formalizes the commitment of the United States and Estonia to continue working together in key areas to enhance an open, interoperable, secure, and reliable information and communications infrastructure, and to prioritize openness and innovation on the internet.

We now turn to Secretary Kerry and Foreign Minister Paet for the signing of the statement.

(The statement was signed.)

SECRETARY KERRY: Thank you. Well, I’m very happy to join my counterpart, Foreign Minister Paet, in signing this internet statement, which pledges to increase the cooperation and continue the cooperation between the United States and Estonia with respect to cyber freedom, cyber security, internet freedom. And this is an effort that guarantees that a country like Estonia, which has been a great partner in fighting for internet freedom, is going to help us to build our law enforcement capacity, education capacity, civil society, and provide unfettered access to people for the social media and the internet, even as we manage complex problems in the internet. So we’re delighted and I thank you very, very much for joining with us on this.

FOREIGN MINISTER PAET: Thank you.

SECRETARY KERRY: Thank you. Do you want to say anything, too?

FOREIGN MINISTER PAET: Yeah, sure. I also thank – just to add that United States, of course, is for Estonia very important partner in cyber security issues, also internet freedom issues, and all different, so-called, “E” issues like e-government, e-administration, and so on. And I’m glad that we are not just doing our bilateral cooperation, but we already have done jointly some project in third countries. And I’m really glad that Estonia is experience in IT and e-developments has been really interesting also for more and more countries all around the world. Thank you for this great opportunity.

SECRETARY KERRY: Very much so. Thank you, Urmas. Thank you very much. Thank you very, very much.

FOREIGN MINISTER PAET: Thank you.

U.S. DEFENSE DEPARTMENT CONTRACTS FOR DECEMBER 3, 2013

FROM:  U.S. DEFENSE DEPARTMENT 
CONTRACTS

DEFENSE THREAT REDUCTION AGENCY

Alion Science and Technology Corp., Burr Ridge, Ill., (HDTRA1-14-D-0002); Applied Research Associates, Albuquerque, N.M., (HDTRA1-14-D-0003); Engility Corp., Chantilly, Va., (HDTRA1-14-D-0004); Exelis Inc., Herndon, Va., (HDTRA1-14-D-0005); Northrop Grumman Systems Corp., Herndon, Va., (HDTRA1-14-D-0006); Raytheon Co., Dulles, Va., (HDTRA1-14-D-0007); and Leidos, Inc., McLean Va., (HDTRA1-14-D-0008), were awarded a maximum $4,000,000,000 multiple-award, indefinite-delivery/indefinite-quantity contract titled Combating Weapons of Mass Destruction Research and Technology Development IDIQ.  This IDIQ provides for delivery/task orders to procure research and development, providing scientific and technological solutions to meet the DoD’s non-proliferation, counterproliferation, and consequence management objectives.  Work will be performed at contractor facilities as well as at Fort Belvoir, Va., with an expected completion date of Dec. 3, 2018 (base period) followed by a five-year option period that, if exercised, will extend the end date to Dec. 3, 2023, but would not increase the ceiling value.  The contract has a $100,000 minimum guarantee to each awardee.  This contract was a competitive acquisition, and eight offers were received.  The Defense Threat Reduction Agency, Research and Development Contracting Office DTRA/J4CRB, Fort Belvoir, Va., is the contracting activity.

DEFENSE LOGISTICS AGENCY

Solution Dynamics Inc.*, Brookfield, Wis. (SPE8EC-14-D-0003) and Atlantic Diving Supply*, Virginia Beach, Va. (SPE8EC-14-D-0005), have been awarded a maximum $633,000,000 multiple-award, fixed-price with economic-price-adjustment contract.  These are two of up to 22 total five-year contracts being issued against solicitation number SPM8EC-11-R-0001, and are for the procurement of commercial type material handling equipment.  This contract is a competitive acquisition, and thirty-one offers were received.  Locations of performance are Wisconsin, Virginia, and England with a Dec. 2, 2018 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal 2014 through fiscal 2019 defense working capital funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa.

MWI Veterinary Supply, Boise, Idaho, has been awarded a maximum $43,422,331 modification (P00102) exercising the second one-year option period on a one-year base contract (SPM2D0-11-D-0011) with four one-year option periods for veterinary pharmaceutical products.  This is a fixed-price with economic-price-adjustment, indefinite delivery/indefinite-quantity contract.  Location of performance is Idaho, with a Dec. 5, 2014 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal 2013 warstopper funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa.

Dixon Shane, doing business as R&S Northeast LLC*, Philadelphia, Pa., has been awarded a maximum $18,360,764 modification (P00157) exercising the fifth one-year option period on a one-year base contract (SPM2D0-08-D-0252) with nine one-year option periods for various pharmaceutical products.  This is a fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract.  Location of performance is Pennsylvania with a Dec. 11, 2014 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal 2014 warstopper funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa.

AIR FORCE

Lockheed Martin Corp., Marietta, Ga., has been awarded a not-to-exceed $81,183,198 modification (P00231) to an existing contract (FA8625-11-C-6597 ) to fund one C-130J (aircraft #4), advance (long-lead) procurement of aircrafts five and six, and external fuel tank modification kits for Israel. Work will be performed at Marietta, Ga., and is expected to be completed by Jun. 30, 2016.  This contract is 100 percent foreign military sales for Israel.  Air Force Life Cycle Management Center/WLNNC, Wright-Patterson Air Force Base, Ohio, is the contracting activity.

Lockheed Martin Corp., Marietta, Ga., has been awarded a $48,500,000 modification (P00230) to previously awarded FA8625-11-C-6597 for advance procurement funding of long lead efforts associated with five additional C-130J aircraft.  Work will be performed at Lockheed Martin Corp., Marietta, Ga., with an expected completion date of Dec. 31, 2016.  Fiscal 2012 aircraft procurement funds in the amount of $48,500,000 are being obligated at time of award.  Air Force Life Cycle Management Center, Wright-Patterson Air Force Base, Ohio, is the contracting activity.

NAVY

General Dynamics Bath Iron Works, Bath, Maine, is being awarded $73,913,646 modification to previously awarded contract (N00024-12-C-4311) for DDG 51 and FFG 7 class integrated planning yard services.  This effort will provide expert design, planning, and material support services for both maintenance and modernization.  Work will be performed in Bath, Maine, and is expected to complete by December 2016.  Fiscal 2014 operations and maintenance, Navy contract funds in the amount of $1,000 will be obligated at time of contract award and will expire at the end of the current fiscal year.  The Naval Sea Systems Command, Washington D.C., is the contracting activity.

L-3 Communications, Communication Systems--West, Salt Lake City, Utah, is being awarded a $22,921,771 modification to a previously awarded firm-fixed-price contract (N00019-12-C-2024) to exercise an option for the manufacture, test, delivery and support of four AN/SRQ-4 and 31 AN/ARQ-59 Common Data Link Hawklink radio terminal sets in support of the MH-60R aircraft.  Work will be performed in Salt Lake City, Utah (60 percent); Atlanta, Ga. (14 percent); Mountain View, Calif. (6 percent); Exeter, N.H. (2 percent); and Phoenix, Ariz.; El Cajon, Calif.; Oxnard, Calif.; Salinas, Calif.; Sunnyvale, Calif.; Boise, Idaho; Derby, Kan.; Littleton, Mass.; Stow, Mass.; Minnetonka, Minn.; Skokie, Ill.; Dover, N.H.; Bohemia, N.Y.; York Haven, Pa.; Providence, R.I.; Cedar Park, Texas; Fort Worth, Texas; and Toronto, Canada (1 percent each), and is expected to be completed in September 2017.  Fiscal 2014 other procurement, Navy and fiscal 2014 aircraft procurement, Navy contract funds in the amount of $22,921,771 are being obligated on this award, none of which will expire at the end of the current fiscal year.  The Naval Air Systems Command, Patuxent River, Md., is the contracting activity.

FTC ASKS INTERNET SELLERS TO MAKE SURE CONSUMERS CAN EASILY VIEW WARRANTY INFORMATION

FROM:  U.S. FEDERAL TRADE COMMISSION 
As Holiday Shopping Season Gets Underway, FTC Reminds Internet Retailers to Ensure Consumers Have Access to Warranty Information

Federal Trade Commission staff is asking top Internet retailers to review their websites to ensure that they provide complete and accurate information about product warranties before consumers make their online purchases, as required by the FTC’s Pre-Sale Availability Rule.

The Rule requires retailers to make warranties available at the time of purchase for all warranted consumer products that cost more than $15.  However, a recent staff survey found several instances of Internet sellers offering warranted consumer electronics and appliances for sale without disclosing complete warranty information.

“During the busy holiday shopping season, it’s especially important that consumers get the information they need to make informed buying decisions,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection.  “Internet sellers can help by making sure their websites are providing complete and accurate warranty information.”

The letters also inform the Internet sellers that they can comply with these obligations easily online by, for example, using a clearly-labeled hyperlink, in close proximity to the description of the warranted product, such as ‘get warranty information here’ to lead to the full text of the warranty.”

The letters note that FTC staff plan to revisit the websites after 90 days to ensure compliance with the regulations.  The FTC cannot disclose the names of the warning letter recipients, as that is nonpublic information.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.

RECENT U.S. DEFENSE DEPARTMENT PHOTOS FROM AFGHANISTAN

FROM:  U.S. DEFENSE DEPARTMENT 
An illumination flare lights up a mountain near Observation Post Athens in Afghanistan's Helmand province, Nov. 27, 2013. A squad of Marines assigned to 3rd Battalion, 7th Marine Regiment provided security from the outpost, where they had an unobstructed view of their surroundings. U.S. Marine Corps photo by Cpl. Paul Peterson.

The bridge and bazaar in the village of Kajaki sit beneath a mountaintop guard post on Observation Post Athens in Afghanistan's Helmand province, Nov. 28, 2013. The outpost gives Marines, assigned to 3rd Battalion, 7th Marine Regiment, a 365-degree view of the area around Kajaki. U.S. Marine Corps photo by Cpl. Paul Peterson.

SECREATARY OF STATE KERRY'S REMARKS AT PARTNERSHIP SYMPOSIUM OF THE GLOBAL FUND'S FORTH REPLENISHMENT

FROM:  U.S. STATE DEPARTMENT 
Remarks at the Partnership Symposium of The Global Fund's Fourth Replenishment Conference
Remarks
John Kerry
Secretary of State
Willard Hotel
Washington, DC
December 2, 2013

SECRETARY KERRY: Thank you very much. Thank you. Dr. Mboi, thank you very, very much for a very generous introduction. Thank you for your leadership, and thank you for traveling from so far to be here. And I know you haven’t adjusted yet. I asked her if she’d adjusted to the time difference, and she didn’t even answer, she was so stunned. (Laughter.)

It’s a pleasure to be here with so many leaders and activists from around the world, literally, and to share the stage with such a distinguished panel. It’s an honor for me to be here. When the folks at the Fund were looking for somebody to come and keynote this, they said they wanted somebody who would dazzle you with their speech and overcome all obstacles with their charm. And unfortunately, Elton John was not available – (laughter) – so here I am.

I want to thank Dr. Mark Dybul for bringing us all together. I have known Mark for a number of years now, and I think from the introduction you just heard from Minister Mboi, you understand that I am not – while I’m new as Secretary, I am not new to this issue or new to this effort because of my privilege of being on the Foreign Relations Committee and leading the charge on this back in the early 1990s. I’ve worked with Mark on the reauthorization of the U.S. President’s Emergency Plan for AIDS Relief in 2008, and Mark was a voice of clarity and conviction at a time when we really needed it and during that debate, and he’s brought those same qualities to the stewardship of the Fund, and I think all of you know that.

I also want to recognize Deb von Zinkernagel, as well as our – she’s our Acting Global AIDS Coordinator at the State Department, and John Monahan, who is our Special Representative to the Global Fund Replenishment and has done just a superb job of corralling and working. And I am very privileged to have such a competent team and so many people dedicated to this. I thank them for their work, as I thank all of you for your work.

Without any question, this decade really marks an amazing period of progress. I don’t think any of us would’ve quite foreseen it when we started tackling this back in the early 1990s and even in the late ’80s. I personally will never forget a few years ago, traveling with my wife Teresa to Umgeni Primary School in Durban, South Africa. And I really was moved. I was stunned, really, by the forced adulthood that so many young kids have assumed and lost their childhood in an effort to care for younger siblings. It’s quite remarkable. Our hearts really broke as we saw these orphans and watched these kids who had taken over, even taking care of their grandparents. We saw firsthand the courage of many single mothers who were scratching out an existence – subsistence, literally – in mud huts, their husbands lost to horrific disease and themselves infected and coughing and weak and struggling to be able to worry about their kids.

The fight against HIV/AIDS is the challenge of our generation in many ways, one of the principal challenges of our generation, certainly. And it is an enduring challenge, but thanks to landmark scientific advances and the grit and determination of many of you here in this room, we actually have put an AIDS-free generation within sight. That is a remarkable accomplishment, and everybody should feel good about their efforts. (Applause.)

It’s really a stunning story that speaks to the extraordinary progress that we’ve been able to make together in our global health efforts. It’s also a story about how the world came together to support a 40-fold increase in people receiving lifesaving anti-retroviral treatment during the past decade alone. It’s a story about how the global target of a 50 percent reduction in TB-related deaths by 2015 is now actually within reach. It’s a story about cutting malaria so dramatically in some regions that infant mortality has dropped by a third.

Since its inception, the Global Fund has been a vital partner in the fight against these three diseases. And I’m not chauvinistic when I say to you that we feel a certain pride, as I think all of you do. The United States is proud to be the Global Fund’s largest donor. And that’s why Republicans and Democrats alike, in one of those rare moments around here, have come together across two administrations and continued their broad bipartisan support for this Fund. That in itself is pretty improbable when I think back to the attitudes that we faced in the late ’80s and early 1990s. And that is precisely why we are challenging others to step up their commitments and make this replenishment cycle a huge success.

We’re very, very grateful for the major increases from our partners in the United Kingdom, the European Commission, Canada, Sweden, Norway, Japan, and the Netherlands, and we recognize the very strong support from France and Germany, among others. As the President said earlier today, the Administration will commit to seeking appropriations from Congress matching $1 for every $2 contributed by other countries over the next three years. And the Global Fund has obviously made unbelievable strides over the course of these past years because of this kind of support that is being given. No other international organization has undergone such profound changes in its business model, its management team, and the financial systems that have swept through the Global Fund over the course of this last decade.

Now, it’s important to underscore the reforms are not cosmetic. They are real. They’re tangible. And they are going to help save more lives, there’s no question. But we have to ask ourselves as we gather at this replenishment conference, where do we go from here? Where should we go from here? How can we build on the success and marshal the global effort that we need to defeat – not just stop or stem the tide of, but defeat – these devastating epidemics once and for all?

So let me start with HIV/AIDS. As I mentioned to you earlier, this is a fight that I have been privileged to be part of from the earliest days when Bill Frist and I were asked by CSIS to become the co-chairs of a task force which was then trying to learn more about it, literally examining what are the possibilities, what should we do about this in Congress, what can we do in the context of a legislative initiative. And so we ultimately came back and Senator Frist and I worked together on this comprehensive HIV/AIDS bill, which ultimately, believe it or not – and we were even surprised a little bit – we managed to get Jesse Helms to support, then the Chair of the Foreign Relations Committee. We passed it unanimously in the United States Senate. And I’m proud to say that that became the foundation of the PEPFAR program within a short period of time.

In September of this year, I hosted a session with top African leaders and stakeholders in order to launch the innovative concept of PEPFAR Country Health Partnerships, which try to bring this down to a grassroots-managed sustainable concept. Now more than a decade after PEPFAR was launched, Congress happily has reaffirmed the United States commitment to this historic health program and to fight against global AIDS by passing the PEPFAR Stewardship and Oversight Act. And just this afternoon, the President reminded us of his readiness to sign that bill into law.

Today, thanks to our collective investments, it is not an exaggeration to say that we are on the cusp of a really remarkable victory, the possibility of an AIDS-free generation. Now as President Obama announced earlier today, the United States is now supporting 6.7 million people on anti-retroviral treatment through PEPFAR. That is a four-fold increase since the beginning of this Administration. We’ve also reached 1.6 million HIV-positive pregnant women in order to prevent transmission to their babies. That’s also an accomplishment that we could’ve only dreamed of 10 years ago. If somebody had suggested that we were going to do that 10 years ago, they’d have thought you really didn’t understand the nature of this challenge and the crisis that we were up against.

With all of the work that has been done, with all of the hope that I think brings you all here today and tomorrow, now would be exactly the wrong time to pull back from what we have achieved. We need to move forward together, and we need to make sure that there are several principles that should guide us as we do so.

First, we need to continue to make strategic investments that are based on the latest science and the best practices. In tight budget environments in almost every one of our capitals, every dollar, every yen, pound, euro, all of them, are going to be competed for in a zero-sum game, and it’s going to be imperative that we come in and show people how we are producing and what we are getting for the value of that currency. That’s why we need to continue setting benchmarks for outcomes and put our weight behind HIV prevention. It doesn’t do you any good to simply be treating and treating and treating if all you’re doing is feeding an endless cycle and an endless supply of people to be treated. We have to begin to put in practices that stem that tide. And treatment and care interventions that work can make an enormous difference in creating the culture that can begin to do that.

Second, we need to focus on the impact of HIV/AIDS, the singular impact, on women and girls. We know that HIV remains the leading cause of disease and death for women of reproductive age in low and middle-income countries. We also know that women and girls represent nearly 60 percent of people living with HIV in sub-Saharan Africa. That has to change.

And finally, the United States and Global Fund have to work with partners across the board – public and private – in order to improve the effectiveness of antiretroviral drugs and pool the procurement of those drugs in order to drive down the costs.

Now, we also have to answer another crucial question: Are investments in global health something that we can actually afford? Well, I’d reverse that question. I’ve heard that, frankly, from some members of Congress and others as we get involved in this zero-sum competition that is driving so many governments in the world today. But the truth is, in an interconnected world, where drug-resistant tuberculosis could be on the next plane landing at Dulles, or Johannesburg, or London, the answer – emphatically – is we can’t afford not to invest in these programs that stem the spread of this kind of infectious disease. (Applause.)

TB is curable, and make no mistake: With the right effort and the right focus, the right energy, we can eliminate it. But for that to happen, we need an innovative plan, a plan of attack for addressing the alarming increase in multidrug-resistant TB. We also need to develop new and more effective drugs and diagnostics. And we need to work together in order to prevent tuberculosis-related deaths by focusing on HIV/TB co-infections. Happily, the Global Fund is the largest funder of TB programs in developing countries, and it is an absolutely vital pillar in the global plan to be able to stop TB in its tracks.

So clearly, our fight against TB and HIV/AIDS as I’ve just described to you is far from over. The fact is the same is true for malaria, and in malaria we actually face many new challenges. This is an improbable place to come and give a climate speech, but climate is having a profound impact on the movement of malaria. As our climate warms and as mosquitoes extend their range, which is what is happening, we see malaria surging in areas that have hardly ever seen it before, like the Kenyan Highlands.

Now, we’ve started to make some important progress in some areas. The President’s Malaria Initiative has expanded prevention and treatment for those most vulnerable to the disease, especially children under the age of five and pregnant women. And our financial and technical contributions are major drivers to reducing the burden of malaria on child mortality in many, many countries. The Global Fund is already playing a vital role in this effort.

So together, my friends, we are contributing and distributing tons – I mean literally. Actually, that’s a bad way to describe it. It’s tens of millions, tens of millions of mosquito nets and millions of doses of anti-malarial drugs in order to get them to those who need them the most. If we double down on our global efforts now, believe me, we have the ability to beat this disease, too.

So those are the stakes. This is our world. And the true measure of our success is not going to be what happens here in Washington. It’s going to be what happens in capitals from Maputo to Monrovia, from Kigali to Kabul. That’s where the difference will be made, and that’s why our partnership matters.

The partnership really comes directly from the board of the Fund to the hard work of governments represented here, civil society, faith leaders, and communities who are touching and healing the people who need our help. And that’s why the Global Fund and this year’s replenishment cycle are so absolutely vital.

I really do have faith that we can get this right. But faith alone is not going to get us there. It’s not enough to simply hope or believe that we can defeat these three epidemics. We have to go out and do it. We – all of us – have to take actions in order to make it happen, knowing that we have the power to make it happen. And let me tell you, no one country, no one program, is going to stop AIDS or TB or malaria on its own, and I think every one of you knows it. That’s why the Fund is so critical. That’s why the partnership is so critical. That’s why coming together for a conference like this to dedicate ourselves and to focus our energies is so critical.

Our mission is clear and the need is great, and the time for action is now. And we’ve proven what we’re able to achieve over these last years. It would be almost criminally negligent to turn our backs on the knowledge we have gained, the capacity we have built, and not go out and try to complete the task. That’s the challenge for every partner in this room. And our success demands that we work together in order to try to achieve it.

Thank you all for being here. God bless everybody for their efforts in this. Let’s get the job done. Thank you. (Applause.)

SECRETARY OF STATE KERRY SEEKS TO USE REWARD PROGRAM TO DISMANTLE XAYSAVANG NETWORK

FROM:  U.S. STATE DEPARTMENT 

First Reward Announced for Information on Transnational Organized Criminals
On November 13, Secretary Kerry offered a reward of up to $1 million for information leading to the dismantling of the Xaysavang Network, a transnational wildlife trafficking syndicate based in Laos. The reward, the first under INL’s Transnational Organized Crime Rewards Program (TOCRP), is meant to disrupt the illicit trade of wildlife, estimated at $8-10 billion per year.

Profits from wildlife trafficking fund other illicit activities such as narcotics, arms, and human trafficking, and the Xaysavang Network is among the most prolific illicit traders of wildlife.

The Xaysavang Network has affiliates in South Africa, Mozambique, Thailand, Malaysia, Vietnam, and China. Its activities facilitate the killing of elephants, rhinos, and other species for products such as ivory.

Sophisticated transnational criminal organizations like the Xaysavang Network perpetuate corruption, threaten the rule of law and border security in fragile regions, and destabilize communities that depend on wildlife for biodiversity and eco-tourism.

On January 15, 2013 President Obama signed the TOCRP into law as a means of countering the increased global reach and sophistication of today's criminals. Identifying and dismantling organized criminal groups that operate across borders is very difficult. Obviously, critical information on the transnational criminals, such as financial data, will help law enforcement uncover this criminal activity.

U.S. missions, especially those located in Asia and Africa, are encouraged to disseminate this reward offer to applicable contacts. Information on the Xaysavang Network, including its members or its illegal activities, may contact the rewards hotline in Laos at +856 21 219565 or by email at TOCRP-Xaysavang@state.gov.

The United States will ensure confidentiality to individuals who provide information on transnational criminals, and, if appropriate, will relocate these individuals and their families. Rewards and amounts will be considered on a case-by-case basis.

U.S. STATEMENT ON ISRAELI MEMBERSHIP IN THE WESTERN EUROPEAN AND OTHERS GROUP (WEOG)

FROM:  U.S. STATE DEPARTMENT 
Israel Invited To Join the Western European and Others Group (WEOG) in Geneva
Press Statement
John Kerry
Secretary of State
Washington, DC
December 2, 2013

Israeli membership in the WEOG in Geneva is overdue, and we welcome the decision to invite Israel to join beginning January 1, 2014.

It goes without saying that at a time when the scourge of global anti-semitism is on the rise, it is more important than ever for Israel to have a strong voice that can be heard everywhere. This is a particularly welcome development as we work to end anti-Israel bias in the UN system. We will continue to speak out for our close ally, Israel, and we will continue to support efforts to normalize Israel’s treatment across the UN system as a full and equal member of the community of nations.

OWNERS OF HEALTH CARE CLINIC SENTENCED FOR ROLES IN HEALTH CARE FRAUD

FROM:  U.S. JUSTICE DEPARTMENT
Monday, December 2, 2013
Health Care Clinic Owners Sentenced for Role in $8 Million Health Care Fraud Scheme

Two health care clinic owners were sentenced today in connection with an $8 million health care fraud scheme involving the now-defunct home health care company Flores Home Health Care Inc.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office, and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Miguel Jimenez, 43, and Marina Sanchez Pajon, 29, both of Miami, were sentenced by U.S. District Judge Ursula Ungaro in the Southern District of Florida.   Jimenez was sentenced to serve 87 months in prison and Pajon was sentenced to serve 57 months in prison.   Jimenez and Pajon pleaded guilty in August to conspiracy to commit health care fraud.

Jimenez and Pajon, who are married, were owners and operators of Flores Home Health, a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries.

According to court documents, Jimenez and Pajon operated Flores Home Health for the purpose of billing Medicare for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or not provided.   Jimenez’s primary role at Flores Home Health involved controlling the company and running and overseeing the schemes conducted through Flores Home Health.   Both Jimenez and Pajon were responsible for negotiating and paying kickbacks and bribes, interacting with patient recruiters, and coordinating and overseeing the submission of fraudulent claims to the Medicare program.

Jimenez, Pajon, and their co-conspirators paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Flores Home Health for home health and therapy services that were medically unnecessary and/or not provided.   They also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications, and other documentation.   Jimenez, Pajon, and their co-conspirators used the prescriptions, medical certifications, and other documentation to fraudulently bill Medicare for home health care services, which Jimenez and Pajon knew was in violation of federal criminal laws.

From approximately October 2009 through approximately June 2012, Flores Home Health was paid approximately $8 million by Medicare for fraudulent claims for home health services that were not medically necessary and/or not provided.

The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  This case was prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.      
                       
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion.   In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

CDC FINDINGS RELEASED REGARDING IMPROVING FOOD SAFETY IN RESTAURANTS

FROM:  CENTERS FOR DISEASE CONTROL AND PREVENTION 
CDC releases new findings and prevention tools to improve food safety in restaurants

Increased awareness and implementation of proper food safety in restaurants and delis may help prevent many of the foodborne illness outbreaks reported each year in the United States, according to data from the Centers for Disease Control and Prevention.  Researchers identified gaps in the education of restaurant workers as well as public health surveillance, two critical tools necessary in preventing a very common and costly public health problem.

The research identifies food preparation and handling practices, worker health policies, and hand-washing practices among the underlying environmental factors that often are not reported during foodborne outbreaks, even though nearly half of all the foodborne outbreaks that are reported each year are associated with restaurants or delis. Forty-eight million people become ill and 3,000 die in the United States.

"Inspectors have not had a formal system to capture and report the underlying factors that likely contribute to foodborne outbreaks or a way to inform prevention strategies and implement routine corrective measures in restaurants, delis and schools to prevent future outbreaks," said Carol Selman, head of CDC's Environmental Health Specialists Network team at the National Center for Environmental Health.

Four articles published today in the Journal of Food Protection focus on actions steps to prevent foodborne illness outbreaks related to ground beef, chicken, and leafy vegetables like lettuce and spinach. The articles also focus on specific food safety practices, such as ill workers not working while they are sick, as a key prevention strategy.

Since 2000, CDC has worked with state and local health departments to develop new surveillance and training tools to advance the use of environmental health assessments as a part of foodborne outbreak investigations.

The National Voluntary Environmental Assessment Information System (NVEAIS) is a new surveillance system targeted to state, tribal and other localities that inspect and regulate restaurants and other food venues such as banquet facilities, schools, and other institutions. The system provides an avenue to capture underlying environmental assessment data that describes what happened and how events most likely lead to a foodborne outbreak. These data will help CDC and other public health professionals determine and understand more completely the primary and underlying causes of foodborne illness outbreaks.

A free interactive e-learning course has been developed to help state and local health departments investigate foodborne illness outbreaks in restaurants and other food service venues as a member of a larger outbreak response team, identify an outbreak's environmental causes, and recommend appropriate control measures. This e-learning course is also available to members of the food industry, academia and the public, anyone interested in understanding the causes of foodborne outbreaks.

"We are taking a key step forward in capturing critical data that will allow us to assemble a big picture view of the environmental causes of foodborne outbreaks," Selman said.

The data surveillance system and e-Learning course will debut in early 2014. With these tools, state, and local public health food safety programs will be able to report data from environmental assessments as a part of outbreak investigations and prevent future foodborne outbreaks in restaurants and other food service establishments.

CDC developed these products in collaboration with the U.S. Food and Drug Administration, U.S. Department of Agriculture, and state and local health departments.

PHARMACY BENEFIT MANAGEMENT COMPANY TO PAY $4.25 MILLION FOR DENIAL OF MEDICAID CLAIMS

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, December 2, 2013
CVS’ Caremark Will Pay $4.25 Million for Allegedly Denying Medicaid Claims for Reimbursement of Prescription Drug Costs

Caremark LLC, a pharmacy benefit management company (PBM), will pay the government and five states a total of $4.25 million to settle allegations that it knowingly failed to reimburse Medicaid for prescription drug costs paid on behalf of Medicaid beneficiaries, who also were eligible for drug benefits under Caremark-administered private health plans, the Justice Department announced today.  Caremark is operated by CVS Caremark Corp., one of the largest PBMs and retail pharmacies in the country.  A PBM administers and manages the drug benefits for clients who offer drug benefits under a health insurance plan.

Under the terms of the agreement, the government will receive approximately $2.31 million.  In addition, five states -- Arkansas, California, Delaware, Louisiana and Massachusetts -- will share $1.94 million.

“It is vitally important that cash-strapped Medicaid programs receive reimbursement for costs they incur that should have been paid for by other insurers,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery.  “We will take action against those who seek to gain at the expense of Medicaid or other federal health care programs.”

Caremark served as the PBM for private health plans that insured a number of individuals receiving prescription drug benefits under both a Caremark-administered plan and Medicaid.  When an individual is covered by both Medicaid and a private health plan, the individual is called a “dual eligible.”  Under the law, the private insurer, rather than the government, must assume the costs of health care for dual eligibles.  If Medicaid erroneously pays for the prescription claim of a dual eligible, Medicaid is entitled to seek reimbursement from the private insurer or its PBM, in this case Caremark.

  According to the government, Caremark allegedly used a computer claims processing platform called “Quantum Leap” to cancel claims for reimbursement submitted by Medicaid for dual eligibles.  The government alleged that Caremark’s actions caused Medicaid to incur prescription drug costs for dual eligibles that should have been paid for by the Caremark-administered private health plans rather than Medicaid.

The allegations settled today arose from a lawsuit filed by Janaki Ramadoss, a former Caremark quality assurance representative, under the qui tam, or whistleblower, provisions of the False Claims Act.  Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery.  The Act also allows the government to intervene in the lawsuit, as it has done in this case.  Ramadoss will receive approximately $505,680 from the federal government’s share of the settlement.  Ramadoss also will receive additional amounts from the settling states.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.1 billion of that amount recovered in cases involving fraud against federal health care programs.

This case was jointly litigated by the U.S. Attorney’s Office for the Western District of
Texas; the Justice Department’s Civil Division, Commercial Litigation Branch; and the attorneys general for the states of Arkansas, California and Louisiana.

The case is captioned United States ex rel. Ramadoss v. CVS Caremark Inc., SA-12-CA-929WRF (W.D. Texas).  The claims settled by this agreement are allegations only; there has been no determination of liability.

PRESIDENT OBAMA'S REMARKS DELIVERED ON WORLD AIDS DAY

FROM:  THE WHITE HOUSE 
Remarks by the President on World AIDS Day
South Court Auditorium
Eisenhower Executive Office Building
1:20 P.M. EST

THE PRESIDENT:  Thank you, everybody.  (Applause.)  Everybody, please have a seat.  Well, thank you, Grant, for your outstanding leadership of the Office of National AIDS Policy.  And thanks to all of you for being here.  This is a pretty distinguished crowd, I have to say, and it is wonderful to be here.

I should say, actually, welcome back, because many of you have joined us before as we’ve marked new milestones in our fight against HIV and AIDS.  And I’m honored that you could join us in commemorating World AIDS Day, which was yesterday.  And this is a time for remembering the friends and loved ones that we’ve lost, celebrating the extraordinary progress -- thanks to some people in this room -- that we’ve been able to make, and most importantly, recommitting ourselves to the mission that we share, which is achieving an AIDS-free generation.

I especially want to welcome ministers from our partner countries; members of my administration, including Secretary Sebelius, Secretary John Kerry; Congresswoman Barbara Lee; Mark Dybul from the Global Fund to Fight AIDS, Tuberculosis and Malaria.  And we’ve also got here Francis Collins from the National Institutes of Health; Michel Sidibe from UN-AIDS; Deborah von Zinkernagel, who’s carrying on the great work of Eric Goosby as our Acting Global AIDS Coordinator; and our many friends from the philanthropic world, including Bill Gates.  So thank you all for joining us here today.

Every year, this is a moment to reflect on how far we’ve come since the early days of the AIDS epidemic.  And those of you who lived through it remember all too well the fear and the  stigma, and how hard people with HIV had to fight to be seen, or heard, or to be treated with basic compassion.  And you remember how little we knew about how to prevent AIDS, or how to treat it.  What we did know was the devastation that it inflicted -- striking down vibrant men and women in the prime of their lives and spreading from city to city and country to country seemingly overnight.

Today, that picture is transformed.  Thanks to the courage and love of so many of you in this room and around the world, awareness has soared; research has surged.  Prevention, treatment and care are now saving millions of lives not only in the world’s richest countries but in some of the world‘s poorest countries as well.  And for many, with testing and access to the right treatment, the disease that was once a death sentence now comes with a good chance at a healthy and productive life.  And that's an extraordinary achievement.

As President, I’ve told you that in this fight, you’ll have a partner in me.  And I said that if the United States wanted to be the global leader in combating this disease, then we needed to act like it -- by doing our part and by leading the world to do more together.  And that’s what we’ve done, in partnership with so many of you.  We created the first comprehensive National HIV/AIDS Strategy, rooted in a simple vision that every person should get access to life-extending care, regardless of age or gender, race or ethnicity, sexual orientation, gender identity or socio-economic status.

We’ve continued to support the Ryan White CARE Act to help underserved communities, and we lifted the entry ban so that people with HIV are no longer barred from the United States -- which led to the International AIDS Conference being held here last year for the very first time in over 20 years.

This summer, I issued an executive order creating the HIV Care Continuum Initiative to boost our federal efforts to prevent and treat HIV.  Last month, I signed the HIV Organ Policy Equity Act, to finally allow research into organ donations between people with HIV -- a step achieved with bipartisan support.

And thanks to the Affordable Care Act, millions of insured Americans will be able to get tested free of charge.  Americans who were uninsured will now be able to have access to affordable health care coverage, and beginning in January, no American will be again denied health insurance because of their HIV status.

On World AIDS Day two years ago, I announced an additional $35 million for the AIDS Drug Assistance Program, which helps people pay for lifesaving medications.  At one time, the need was so great that over 9,000 people were on the waitlist.  We vowed to get those numbers down.  And I’m proud to announce that, as of last week, we have cleared that waitlist.  We are down to zero.  (Applause.)  And we’re going to keep working to keep it down.

So we’re making progress.  But we’re all here today because we know how much work remains to be done.  Here in the United States, we need to keep focusing on investments to communities that are still being hit hardest, including gay and bisexual men, African Americans and Latinos.  We need to keep up the fight in our cities -- including Washington, D.C., which in recent years has reduced diagnosed infections by nearly half.

And we’re going to keep pursuing scientific breakthroughs.  Today I’m pleased to announce a new initiative at the National Institutes of Health to advance research into an HIV cure.  We’re going to redirect $100 million into this project to develop a new generation of therapies.  Because the United States should be at the forefront of new discoveries into how to put HIV into long-term remission without requiring lifelong therapies -- or, better yet, eliminate it completely.

And of course, this fight extends far beyond our borders.  When I became President, I inherited President Bush’s phenomenal program, PEPFAR, which has helped millions around the world receive lifesaving treatment.  And we haven’t just sustained those efforts, we’ve expanded them -- reaching and serving even more people, especially mothers and children.  Earlier this year, PEPFAR reached a wonderful milestone -- the one millionth baby born without HIV.  (Applause.)   And that alongside the rapid decline in new HIV infections and deaths from AIDS in sub-Saharan Africa.

On my visit to South Africa this year, I visited a clinic run by Bishop Desmond Tutu and had the honor of spending time with some of their extraordinary young patients and counselors and outreach workers and doctors.  Every day, they are doing extraordinary work.  And when you visit this facility, you cannot help but be inspired by what they do each and every day, in part thanks to the support of the United States of America.  They’re saving lives and they’re changing the way their country, and the world, approaches this disease.  And that’s work that we have to continue to advance.

On World AIDS Day two years ago, I set new prevention and treatment targets for PEPFAR, like increasing the number of mothers we reach so that we prevent their children from becoming infected, and helping 6 million people get treatment by the end of 2013.  Today, I’m proud to announce that we’ve not only reached our goal, we’ve exceeded our treatment target.  So we’ve helped 6.7 million people receive lifesaving treatment.  And we’re going to keep at it.  (Applause.)  Which is why, after I leave here today, I’ll be proud to sign the PEPFAR Stewardship and Oversight Act, to keep this program going strong.  (Applause.)  Count on the legislator to applaud legislation.  (Laughter.)

Looking ahead, it’s time for the world to come together to set new goals.  Right now we’re working hard to get a permanent leader in place at PEPFAR, and once we do, one of our first items of business will be convening a meeting early next year, so the United States and our partners worldwide -- including governments, the Global Fund, U.N.-AIDS, and civil society -- can sit around one table and develop joint HIV prevention and treatment goals for the countries where we and the Global Fund do business.  We’ll hold each other accountable, and we’ll continue to work to turn the tide of this epidemic together.

And that includes keeping up our support for the Global Fund.  Its success speaks for itself.  It’s helping over 6 million people in over 140 countries receive antiretroviral therapy.  And now it’s time to replenish the Fund.  The United States will contribute $1 for every $2 pledged by other donors over the next three years, up to $5 billion total from the United States.  And the United Kingdom has made a similar promise.  (Applause.)

So today I want to urge all those who are attending the Global Fund’s replenishment meetings both today and tomorrow to take up this commitment.  Don’t leave our money on the table.  It’s been inspiring to see the countries most affected by this disease vastly increase their own contributions to this fight -- in some cases, providing more than donor countries do.  And that ought to inspire all of us to give more, to do more, so we can save more lives.

After all, none of the progress we’ve made against AIDS could have been achieved by a single government or foundation or corporation working alone.  It’s the result of countless people -- including so many of you -- working together from countries large and small, philanthropies, universities, media, civil society, activists.  More than anything, I think it’s thanks to the courageous people living with HIV around the world who’ve shared their stories; you’ve lent your strength, demanded your dignity be recognized, and led the fight to spare others the anguish of this disease.

We can’t change the past or undo its wrenching pain.  But what we can do -- and what we have to do -- is to chart a different future, guided by our love for those we couldn’t save. That allows us to do everything we can, everything in our power to save those that we can.  And that’s my commitment to you as President.

The United States of America will remain the global leader in the fight against HIV and AIDS.  We will stand with you every step of this journey until we reach the day that we know is possible, when all men and women can protect themselves from infection; a day when all people with HIV have access to the treatments that extend their lives; the day when there are no babies being born with HIV or AIDS, and when we achieve, at long last, what was once hard to imagine -- and that’s an AIDS-free generation.

That’s the world I want for my daughters.  That’s the world that all of us want for our families.  And if we stay focused, if we keep fighting, and if we honor the memory of those that we’ve lost, if we summon the same courage that they displayed, by insisting on whatever it takes, however long it takes, I believe we’re going to win this fight.  And I’m confident that we’ll do so together.

So thank you very much for your extraordinary efforts.  Appreciate it.  God bless you.  Thank you.  Thank you.  (Applause.)  Good work.  (Applause.)

U.S. DEFENSE DEPARTMENT CONTRACTS FOR DECEMBER 12, 2013

FROM:  U.S. DEFENSE DEPARTMENT 
CONTRACTS

ARMY

Raytheon Co., Fort Wayne, Ind., was awarded a $97,850,000 five year indefinite-delivery/indefinite-quantity contract for the design, building, integration, testing, and delivery of the Electronic Warfare Planning and Management Tool.  Funding and locations will be determined by each order.  Estimated completion date is Dec. 1, 2018.  Bids were solicited via the Internet with six received.  Army Contracting Command, Aberdeen, Md., is the contracting activity (W15P7T-14-D-C006).

Dutra Dredging Company, Calif. was awarded a $19,869,500 firm-fixed-price contract for dredging in the Thimble Shoal Federal Navigation Channel and the Cape Henry Federal Navigation Channel.  Fiscal 2014 other procurement funds in the amount of $8,231,200 were obligated at the time of the award.  Estimated completion date is Sept. 1, 2014.  Bids were solicited via the Internet with three received.  Work location is Newport News, Va.  Army Corps of Engineers, Norfolk, Va., is the contracting activity (W91236-14-C-0014).

AIR FORCE

The Boeing Co., Wichita, Kan., has been awarded a $75,679,707 firm-fixed-price modification (P00030) on an existing contract (FA8106-06-D-0001) for Product Service Integrator for the E-4B platform consisting of sustainment, programmed depot maintenance, modification, and related support.  Work will be performed at Wichita, Kan., and is expected to be completed by Nov. 30, 2014.  This award is the result of a sole-source acquisition.   Fiscal 2014 operations and maintenance funds in the amount of $24,502,089 are being obligated at time of award.  Air Force Life Cycle Management Center/WLKLC, Tinker Air Force Base, Okla., is the contracting activity.

Al Raha Group for Technical Services, Riyadh, Kingdom of Saudi Arabia, has been awarded a $45,000,000 (estimated) modification (P00003) on an existing firm-fixed-price/cost-reimbursable-no-fee contract (FA8505-12-D-0001) for foreign military sales Royal Saudi Air Force F-15 unclassified items, third party logistics, repair and return management services.  This modification adds six months period of performance to the basic contract.  Work will be performed at the contractor's facility in Warner Robins, Ga., Riyadh, Kingdom of Saudi Arabia, and multiple certified sources of repair located throughout the continental United States, and is expected to be completed by May 31, 2014.  This contract is 100 percent foreign military sales for Saudi Arabia.  Air Force Life Cycle Management Center/WWKA, Robins Air Force Base, Ga., is the contracting activity.

Phacil Inc., Arlington, Va., has been awarded a $10,965,757 primarily fixed-price incentive (firm target) modification exercising option 1 on the Modernization Eastern Range Network (MEN) task order (FA8806-14-F-0001) on the GSA Alliant Small Business Government wide Acquisition Contract.  This modification authorizes the effort required to design, procure, install, integrate, test, and deliver the Launch Sustainment System, Network Management System, and acquire initial operating spares.  Work will be performed at Patrick Air Force Base, Fla., and is expected to be completed by Sept. 30, 2017.  Fiscal 2012 other procurement funds in the amount of $10,965,757 are being obligated at time of award.  The Range and Network Division, Space and Missile Systems Center, Los Angeles Air Force Base, Calif., is the contracting activity.

NAVY

CASS Holdings LLC*, Oklahoma City, Okla., is being awarded a $34,000,000 not-to-exceed, indefinite-delivery/indefinite-quantity contract to refurbish the F71, F72, F73, and F78 AM2 matting packages in support of the Expeditionary Airfield Program.  This contract includes end frames, stamping/markings, end sheets, and locking bars.  Work will be performed in Oklahoma City, Okla., and is expected to be completed in December 2018.  Fiscal 2014 operation and maintenance, Navy contract funds in the amount of $549,371 are being obligated on this award, all of which will expire at the end of the current fiscal year.  This contract was competitively procured via an electronic request for proposals as a 100 percent small business set-aside; one proposal was received.  The Naval Air Warfare Center Aircraft Division, Lakehurst, N.J., is the contracting activity (N68335-14-D-0008).

Austal USA LLC, Mobile, Ala., was awarded an $8,247,342 modification to previously awarded contract (N00024-11-C-2301) on Nov. 27, 2013, to exercise an option for littoral combat ship (LCS) core class services.  Austal USA LLC will assess engineering and production challenges as well as evaluate the cost and schedule risks from affordability efforts to reduce LCS acquisition and lifecycle costs.  Work will be performed in Mobile, Ala. (60 percent), and Pittsfield, Mass. (40 percent), and is expected to be complete by November 2014.  Fiscal 2013 shipbuilding and conversion, Navy funds in the amount of $8,247,342 were obligated at time of award and will not expire at the end of the current fiscal year.  The Naval Sea Systems Command, Washington, D.C., is the contracting activity.

DEFENSE LOGISTICS AGENCY

C.R. Bard, Inc., Murray Hill, N.J., has been awarded a maximum $46,261,496 modification (P00007) exercising the second one-year option period on a one-year base contract (SPM2D0-11-D-0013) with seven one-year option periods for guaranteed access to inventory to ensure material availability and to provide medical/surgical surge, re-supply, and sustainment material.  This is a fixed-price with economic-price-adjustment, indefinite delivery/indefinite-quantity contract.  Location of performance is New Jersey with a Dec. 5, 2014 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal year 2014 medical funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa.


Lion Vallen LTD Partnership doing business as LVI, Dayton, Ohio, has been awarded a maximum $20,000,000 fixed-price with economic-price-adjustment contract for third party logistics support providing warehousing, distribution, and logistics support to fulfill clothing and textile requirements.  This contract is a competitive acquisition, and 10 offers were received.  Locations of performance are Ohio and Georgia with a Dec. 1, 2016 performance completion date.  This is a three-year base contract with four one-year option periods.  Using military services are Army and federal civilian agencies.  Type of appropriation is fiscal 2014 defense working capital funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPM1C1-14-C-0002).

DL Management Services Joint Venture, Clover, S.C., has been awarded a maximum $11,381,864 firm-fixed-price contract for procurement of alongside aircraft refueling services.  This contract is a competitive acquisition, and two offers were received.  Locations of performance are South Carolina and Maryland with a Dec. 31, 2018 performance completion date.  Using military service is Navy.  Type of appropriation is fiscal 2014 defense working capital funds.  The contracting activity is the Defense Logistics Agency Energy, Fort Belvoir, Va., (SP0600-14-C-5405).

TRANSPORTATION COMMAND

CORRECTION:  The contract announced Nov. 27, 2013 did not have dollar value associated with it.  The correct version is below.

AAR Airlift Group, Inc., Palm Bay, Fla., is being awarded a $22,665,042 indefinite delivery/indefinite quantity, fixed-price with economic price adjustment contract for dedicated fixed wing services in the Central Africa Region (Uganda, Central Africa Republic, the Democratic Republic of Congo, and South Sudan).  Performance is from Dec. 28, 2013 to Oct. 27, 2015.  Funds will be obligated on individual task orders and are Army operations and maintenance funds.  This contract was a competitive acquisition, and four proposals were received.  The contracting activity is the U.S. Transportation Command Directorate of Acquisition, Scott Air Force Base, Ill., (HTC711-14-D-R026).


*Small Business

ASSISTANT LABOR SECRETARY MICHAELS MAKES STATEMENT ON SENTENCE IN GUNPOWDER PLANT EXPLOSION

FROM:  U.S. JUSTICE DEPARTMENT 
Statement by Assistant Secretary of Labor Dr. David Michaels 
on sentencing in fatal gunpowder plant explosion
Editor's Note: This re-issued News Statement clarifies the length of the sentences imposed in the case.

CONCORD, N.H. — Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels today issued the following statement regarding the sentencing of Craig Sanborn in Coös County Court in New Hampshire for manslaughter in connection with the May 2010 explosion at the Black Mag LLC plant, which killed employees Jesse Kennett and Don Kendall while they were manufacturing a gunpowder substitute. Sanborn, who was the company's president, managing member and primary owner, was sentenced to five to 10 years on two counts of manslaughter, to be served consecutively, for a total of 10 to 20 years, and assessed fines of $10,000:

"The disregard for safety cost two workers their lives, and this jury agreed that Craig Sanborn's actions were criminal.

"Sanborn recklessly ignored basic safety measures that would have protected their lives. His criminal conviction and sentence won't bring these men back to life, but it will keep him from putting workers' lives in peril. And it should drive home to employers this message: Worker safety can never be sacrificed for the benefit of production, and workers' lives are not — and must never be — considered part of the cost of doing business. We categorically reject the false choice between profits and safety.

"The Labor Department commends the Coös County Attorney's Office for its successful prosecution. We also appreciate the invaluable cooperation of the New Hampshire Department of Safety, specifically the Fire Marshal and the State Police, during our investigation."
# # #

Note: OSHA's investigation of the May 2010 explosion at Sanborn's Black Mag gunpowder plant in Colebrook, N.H., resulted in issuance of 16 willful and over 30 serious safety violation citations, along with a $1.2 million penalty to Black Mag. The citations and penalties were affirmed in an agreement that compelled Sanborn to surrender his ATF explosives manufacturing license and barred him from ever again employing workers in any explosives-related business enterprise.
State of New Hampshire v. Craig Michael Sanborn, Case No. 214-2012-CR-18 (Superior Court, Coös County)

FDA GUIDELINES FOR SELECTING SEA FOOD

FROM:  U.S. FOOD AND DRUG ADMINISTRATION 

Fish and shellfish contain high quality protein and other essential nutrients and are an important part of a healthful diet.  In fact, a well-balanced diet that includes a variety of fish and shellfish can contribute to heart health and aid in children’s proper growth and development.  As with any type of food, however, it is important to handle seafood safely in order to reduce the risk of foodborne illness, often called “food poisoning.”  Follow these basic food safety tips for buying, preparing, and storing fish and shellfish — and you and your family can safely enjoy the fine taste and good nutrition of seafood.

Buy Right
Fresh Fish and Shrimp

Only buy fish that is refrigerated or displayed on a thick bed of fresh ice that is not melting (preferably in a case or under some type of cover).

Fish should smell fresh and mild, not fishy, sour, or ammonia-like.
A fish’s eyes should be clear and bulge a little.
Whole fish and fillets should have firm, shiny flesh and bright red gills free from milky slime.
The flesh should spring back when pressed.
Fish fillets should display no discoloration, darkening or drying around the edges.
Shrimp flesh should be translucent and shiny with little or no odor.
Some refrigerated seafood may have time/temperature indicators on their packaging, which show if the product has been stored at the proper temperature.  Always check the indicators when they are present and only buy the seafood if the indicator shows that the product is safe to eat.
Selecting Shellfish
Follow these general guidelines for safely selecting shellfish:

Look for the label: Look for tags on sacks or containers of live shellfish (in the shell) and labels on containers or packages of shucked shellfish.  These tags and labels contain specific information about the product, including the processor’s certification number.  This means that the shellfish were harvested and processed in accordance with national shellfish safety controls.

Discard Cracked/Broken Ones: Throw away clams, oysters, and mussels if their shells are cracked or broken.

Do a “Tap Test”: Live clams, oysters, and mussels will close up when the shell is tapped. If they don’t close when tapped, do not select them.

Check for Leg Movement: Live crabs and lobsters should show some leg movement. They spoil rapidly after death, so only live crabs and lobsters should be selected and prepared.


Frozen Seafood
Frozen seafood can spoil if the fish thaws during transport and is left at warm temperatures for too long.

Don’t buy frozen seafood if its package is open, torn, or crushed on the edges.
Avoid packages that are positioned above the “frost line” or top of the freezer case.

Avoid packages with signs of frost or ice crystals, which may mean the fish has been stored a long time or thawed and refrozen.

Store Properly
Put seafood on ice or in the refrigerator or freezer soon after buying it. If seafood will be used within 2 days after purchase, store it in the refrigerator. Otherwise, wrap it tightly in plastic, foil, or moisture-proof paper and store it in the freezer.