Tuesday, December 17, 2013

FDIC ALERTS CONSUMERS TO NEW PROTECTIONS FROM RISKY LOANS

FROM:  FEDERAL DEPOSIT INSURANCE CORPORATION 
December 12, 2013

For anyone thinking about buying a home or shopping for a mortgage, the Fall 2013 issue of FDIC Consumer News features an overview of important rules taking effect soon that are intended to protect consumers from risky loans. The coverage includes practical tips when shopping for a loan and for avoiding mortgage scams. Additional articles offer suggestions on options to consider if an institution turns you down for an account based on a report of a previously closed checking or savings account, as well as information on using a financial institution's social media site to communicate or conduct business with a bank. Here's an overview of this issue, which also marks the 20th anniversary of the FDIC newsletter:

New mortgage rules: Important new rules from the Consumer Financial Protection Bureau, which will implement provisions of the 2010 Dodd-Frank financial reform law, are primarily intended to ensure that consumers are not encouraged by a lender or loan broker to take a mortgage that they don't have the ability to repay. Other provisions will help consumers do a better job of protecting themselves during the loan origination process. Most of the new rules will take effect on January 10, 2014.

Mortgage scams: FDIC Consumer News is reminding mortgage borrowers to watch out for scammers who falsely claim to be lenders, loan servicers, financial counselors, representatives of government agencies or other professionals wanting to "help" fix loan payment problems. The newsletter presents common warning signs of fraudulent offers.

If you're turned down for a checking account: Certain "consumer reporting" companies can legally collect information from financial institutions on aspects relating to a consumer's checking account, such as the reasons an account was closed. And just as a negative credit report can hurt someone's ability to borrow from a financial institution, a checking history that shows a closed account because of unpaid overdrafts or other mismanagement can hurt that person's ability to open a new account. FDIC Consumer News offers suggestions for consumers who are unable to open a new account, including the importance of reviewing a copy of the report and disputing errors.

Using financial institutions' social networking sites: Many people interact with businesses on social media sites such as Facebook, Google+ and Twitter. Banks are also using social media to advertise their products and services, obtain consumer feedback and, in some cases, provide a gateway for customers to access their accounts. There can be consumer benefits, including finding out about new products or special offers more quickly, but users also need to be careful, such as by protecting personal, confidential or account information in their posts.

FDA QUESTIONS SAFETY, EFFECTIVENESS OF ANTIBACTERIAL SOAPS

FROM:  U.S. FOOD AND DRUG ADMINISTRATION 
FDA NEWS RELEASE
FDA issues proposed rule to determine safety and effectiveness of antibacterial soaps
The U.S. Food and Drug Administration today issued a proposed rule to require manufacturers of antibacterial hand soaps and body washes to demonstrate that their products are safe for long-term daily use and more effective than plain soap and water in preventing illness and the spread of certain infections. Under the proposal, if companies do not demonstrate such safety and effectiveness, these products would need to be reformulated or relabeled to remain on the market.

Today’s action is part of a larger, ongoing review of antibacterial active ingredients by the FDA to ensure these ingredients are proven to be safe and effective. This proposed rule does not affect hand sanitizers, wipes, or antibacterial products used in health care settings.

Millions of Americans use antibacterial hand soap and body wash products. Although consumers generally view these products as effective tools to help prevent the spread of germs, there is currently no evidence that they are any more effective at preventing illness than washing with plain soap and water. Further, some data suggest that long-term exposure to certain active ingredients used in antibacterial products—for example, triclosan (liquid soaps) and triclocarban (bar soaps)—could pose health risks, such as bacterial resistance or hormonal effects.

“Antibacterial soaps and body washes are used widely and frequently by consumers in everyday home, work, school, and public settings, where the risk of infection is relatively low,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research (CDER). “Due to consumers’ extensive exposure to the ingredients in antibacterial soaps, we believe there should be a clearly demonstrated benefit from using antibacterial soap to balance any potential risk.”

The widespread consumer use of antibacterial products, the accumulated scientific information and concerns raised by health care and consumer groups have prompted the FDA to reevaluate what data are needed to classify the active ingredients in consumer antibacterial products as “generally recognized as safe and effective” or GRASE.  Under the proposed rule, manufacturers who want to continue marketing antibacterial products will be required to provide the agency with additional data on the products’ safety and effectiveness, including data from clinical studies to demonstrate that these products are superior to non-antibacterial soaps in preventing human illness or reducing infection.

“While the FDA continues to collect additional information on antibacterial hand soaps and body washes, we encourage consumers to make an educated choice about what products they choose to use,” said Sandra Kweder, M.D., deputy director, Office of New Drugs at CDER. “Washing with plain soap and running water is one of the most important steps consumers can take to avoid getting sick and to prevent spreading germs to others.”

Consumers should continue to be diligent about washing their hands. If soap and water are not available, an alcohol-based hand sanitizer that contains at least 60 percent alcohol should be used.  More information on appropriate hand washing from the CDC may be found here.

Almost all soaps labeled “antibacterial” or “antimicrobial” contain at least one of the antibacterial ingredients addressed in the proposed rule. The most common active ingredients in antibacterial soaps are triclosan and triclocarban. Some soaps labeled “deodorant” may also contain these ingredients.

The proposed rule does not require the antibacterial soap products to be removed from the market at this time. When the proposed rule is finalized, as previously stated, either companies will have provided data to support an antibacterial claim, or if not, they will have to reformulate (remove antibacterial active ingredients) or relabel (remove the antibacterial claim from the product's labeling) these products in order to continue marketing. The proposed rule is available for public comment for 180 days, with a concurrent one year period for companies to submit new data and information, followed by a 60-day rebuttal comment period.

TEST VERSION OF ORION TAKES A TRIP

Credit-NASA-David C. Bowman.
FROM:  NASA 

A test version of NASA’s Orion spacecraft gears up to take a long road trip. Starting from NASA’s Langley Research Center in Hampton, Va., the mockup will take a four-week journey across the nation to Naval Base San Diego in California. There, the test article will be used to support NASA’s Underway Recovery Test in February 2014. The test will simulate the recovery of Orion during its first mission, Exploration Flight Test – 1 (EFT-1), scheduled for September 2014. The uncrewed EFT-1 mission will take Orion to an altitude of approximately 3,600 miles above the Earth’s surface, reentering the atmosphere at a speed of over 20,000 miles per hour before landing in the Pacific Ocean.

During the recovery test in San Diego, the spacecraft will be set adrift in open and unstable waters, providing NASA and the Navy the opportunity to recover the capsule into the well deck of the USS San Diego. While deployed, the team will seek out various sea states in which to practice the capsule recovery procedure in an effort to build their knowledge base of how the capsule recovery differs in calm and rough seas and what are the true physical limits. NASA and the Navy practiced recovery in calm seas during a Stationary Recovery Test in August where the spacecraft was set adrift in the waters of Naval Station Norfolk in Virginia and recovered into the docked well deck of the USS Arlington. The Orion mockup will travel through Virginia, Tennessee, Arkansas, Texas, New Mexico, Arizona and then reach its final destination in California.

Monday, December 16, 2013

This Land Is Your Land - Woody Guthrie - Lyrics - SyllableSync

This Land Is Your Land - Woody Guthrie - Lyrics - SyllableSync

U.S. DEFENSE CONTRACTS FOR DECEMBER 16, 2013

FROM:  U.S. DEFENSE DEPARTMENT 
CONTRACTS

AIR FORCE

United Launch Services LLC, Littleton, Colo., has been awarded a $530,794,720 firm-fixed-price modification (PZ0001) on an existing contract (FA8811-13-C-0003) for fiscal 2014 through fiscal 2017 launch vehicle production services and options for that associated launch capability for fiscal 2015 through fiscal 2019 are available and may be exercised at a later date.  This executes the requirements for fiscal 2014 launch vehicle production services in support of the following Air Force and National Reconnaissance Organization launch vehicle configurations:  Air Force Atlas V 501, Air Force Atlas V 511, Air Force Delta IV 4,2, Air Force Delta IV 5,4, and a National Reconnaissance Organization Delta IV Heavy.  Work will be performed at Centennial, Colo., Vandenberg Air Force Base, Calif., and Cape Canaveral Air Station, Fla., and is expected to be completed by second quarter 2018.  This award is the result of a sole source acquisition.  Fiscal 2014 missile procurement funds in the amount of $679,434,676 are being obligated at time of award. Launch Systems Directorate, Space and Missile Systems Center is the contracting activity, Los Angeles Air Force Base, Calif., is the contracting activity.

SURVICE Engineering Co., Belcamp, Md., has been awarded a $42,147,274 cost-plus-fixed-fee contract to collect, analyze, synthesize/process, and disseminate scientific and technical information for the Defense Technical Information Center.  Work may be conducted worldwide and work is expected to be completed by Dec. 31, 2019.  Award of contract is the result of a past performance price tradeoff acquisition between five Offerors.  Fiscal 2014 research and development funds in the amount of $1,000,000 are being obligated at time of award.  Air Force Installation Contracting Agency/KD, Offutt Air Force Base, Neb., is the contracting activity (FA8075-14-D-0001).

D&D Machinery and Sales Inc., San Antonio, Texas, has been awarded a $12,078,000 firm-fixed-price contract for C-17 Peculiar support equipment.  Contractors will provide 11 C-17 aircraft engine lift trailer (ELT), ground handling, NSN 1730-01-560-2167, part number PT90-F-509, with a potential requirement (options) for an additional nine within a 24-month period.  The C-17 ELT provides for lifting, lowering, and positioning capabilities supporting removal and replacement of the engine, core thrust reverser, or the inlet assembly to/from the on-board location on the C-17 Globemaster III.  Work will be performed at San Antonio, Texas, and is expected to be completed by June 12, 2015.  This award is the result of a competitive acquisition, 100 percent set-aside for small business.  The solicitation was posted on the Federal Business Opportunities website and two offers were received.  This contract includes nine percent foreign military sales in support of Strategic Airlift Capability Consortium located in Hungary.  Fiscal 2012 aircraft procurement funds in the amount of $12,078,000 are being obligated at time of award.  Air Force Life Cycle Management Center/WLKA, C-17 Contracting, Robins Air Force Base, Ga., is the contracting activity (FA8526-14-C-0001).

DEFENSE LOGISTICS AGENCY

Pelican Lumber and Export Inc.*, Lake Charles, La., has been awarded a maximum $123,232,281 modification (P00101) exercising the first one-year option period on a two-year base contract (SPM8E6-12-D-0002) with three one-year option periods for a tailored logistics support contract to provide items under the general category of wood products for the Central region.  This is a firm-fixed-price contract.  Location of performance is Louisiana with a Jan. 16, 2015 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, 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.

S & S Forest Products LLC**, Boerne, Texas, has been awarded a maximum $123,223,834 modification (P00101) exercising the first one-year option period on a two-year base contract (SPM8E6-12-D-0003) with three one-year option periods for a tailored logistics support contract to provide items under the general category of wood products for the Central region.  This is a firm-fixed-price contract.  Location of performance is Texas with a Jan. 16, 2015 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, 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.

Forest Products Distributors Inc.*, Rapid City, S.D., has been awarded a maximum $121,882,356 modification (P00101) exercising the first one-year option period on a two-year base contract (SPM8E6-12-D-0001) with three one-year option periods for a tailored logistics support contract to provide items under the general category of wood products for the Central region.  This is a firm-fixed-price contract.  Location of performance is South Dakota with a Jan. 16, 2015 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, 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.

Seashore Fruit and Produce Co., Inc.*, Atlantic City, N.J., has been awarded a maximum $49,500,000 fixed-price with economic-price-adjustment, indefinite-quantity contract for fresh fruit and vegetable support.  This contract is a competitive acquisition and two offers were received.  Location of performance is New Jersey with a June 14, 2018 performance completion date.  This contract is an eighteen-month base with two eighteen-month option periods.  Using military services are Army, Navy, and non-Department of Defense customers.  Type of appropriation is fiscal year 2014 through fiscal year 2015 defense working capital funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa.; (SPE300-14-D-P232).

Raytheon Integrated Defense Systems, Portsmouth, R.I., has been awarded a maximum $42,589,944 firm-fixed-price contract for the manufacture and delivery of airborne low frequency sonar helicopter dipping sonar systems.  This contract is a sole source acquisition.  Location of performance is Rhode Island with a February 2017 performance completion date.  Using service is the Royal Australian Navy.  Type of appropriation is fiscal 2014 foreign military sales funds.  The contracting activity is the Defense Logistics Agency Aviation, Philadelphia, Pa.; (SPRPA1-09-G-001Y-5027).

AMO Sales and Services Inc., Santa Ana, Calif., has been awarded a maximum $27,888,242 modification (P00018) exercising the third one-year option period on a five-year base contract (SPM2D1-07-D-8400) with five one-year option periods for medical equipment, maintenance, and spare/repair parts.  This is a fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract.  Location of performance is California with a Dec. 19, 2014 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, 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.

ARMY

Raytheon Co., Tucson, Ariz., was awarded a $15,058,750 modification (P00051) to contract W15QKN-08-C-0530 to acquire 216 projectiles (120 projectiles under the option four Excalibur 155mm Increment Ib production option and 96 projectiles under the option five Excalibur 155mm Increment Ib production option) and 14 palletized containers for the Army.  Fiscal 2014 other procurement funds in the amount of $14,775,335 were obligated at the time of the award.  Estimated completion date is Feb. 28, 2015.  One bid was solicited with one received.  Work will be performed in Tucson, Ariz.; McAlester, Okla.; Farmington, N.M.; East Camden, Ark.; Healdsburg, Calif.; Anniston, Ala.; Cincinnati, Ohio; Cedar Rapids, Iowa; Joplin, Mo.; Lowell, Mass.; Corona, Calif.; Inglewood, Calif.; Chino, Calif.; Minneapolis, Minn.; Santa Ana, Calif.; McKinney, Texas; Phoenix, Ariz.; Woodridge, Ill.; Valencia, Calif.; Salt Lake City, Utah; Congers, N.Y.; United Kingdom; Sweden.  Army Contracting Command, Picatinny Arsenal Picatinny, N.J., is the contracting activity (W15QKN-08-C-0530).

NAVY

SEDNA Digital Solutions LLC*, Manassas, Va., is being awarded an $11,797,558 modification to previously awarded contract (N00024-13-C-6272) for engineering and technical services for High Fidelity Simulation/Simulation and Common Processing System software development.  This effort is the result of Small Business Innovation Research topic number N05-059, "High Fidelity Front End Simulation for complex Physics Based Processing System."  It is inclusive of engineering services and support for the development integration, test, demonstration and certification of a High Fidelity Sensor Level Stimulation and Common Processing System.  Work will be performed in Manassas, Va. (87 percent); Red Lodge, Mont. (9 percent); Jefferson, Md. (3 percent); and Rogersville, Mo. (1 percent), and is expected to be completed by September 2017.  Fiscal 2014 research, development, test and evaluation and fiscal 2012 and 2013 shipbuilding and conversion, Navy contract funds in the amount of $2,441,994 will be 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 (N00024-13-C-6272).

Northrop Grumman Systems Corp., Herndon, Va., is being awarded a $7,603,043 cost-plus-fixed-fee term-type contract for JPEO-Chem-Bio Defense, Joint Program Manager, Information Systems, Joint Warning and Reporting Network (JWARN) software development and maintenance.  This contract will provide various updates to support modernization efforts of the currently fielded JWARN product baseline, carry forward existing functionality and develop new capabilities that will provide joint automated chemical, biological, radiological and nuclear warning and reporting capability across the services.  This contract contains options, which if exercised, would bring the cumulative value of this contract to an estimated $31,498,929.  Work will be performed in Herndon, Va., and is expected to be completed in December 2014.  If options are exercised, work could continue until December 2018.  Fiscal 2014 research, development, test and evaluation funds and fiscal 2014 procurement funds in the amount of $1,323,000 will be obligated at the time of award.  Contract funds will not expire at the end of the current fiscal year.  This requirement was solicited using full and open competition via the Space and Naval Warfare Systems Command E-Commerce Central website and the Federal Business Opportunities website, with three offers received.  On behalf of its organizational partner, Joint Program Executive Office Chem-Bio Defense, Joint Program Manager, Information Systems, JWARN, the Space and Naval Warfare System Command, San Diego, Calif., is the contracting activity (N00039-14-C-0027).

DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

SRI International, Menlo Park, Calif., has been awarded an $11,652,825 modification to a cost-plus-fixed-fee contract.  The purpose of this modification is to equitably adjust the value of the contract and its options to reflect the reduction in scope under the Broad Operational Language Technology (BOLT) program.  The goal of this program is to create technology capable of translating multiple foreign languages in all genres, retrieving information from the translated material, and enabling bilingual communication via speech or text.  Specifically, SRI will continue to expand on their speech-to-speech bilingual research.  The previous estimated value of Phases 1 and 2 was $15,917,367 and the cumulative total of the contract was $41,536,592.  Work will be performed in Menlo Park, Calif. (58.63 percent); Tucson, Ariz. (4.03 percent); New York, N.Y. (8.53 percent); Rochester, N.Y. (5.63 percent); Seattle, Wash. (6.8 percent); Marseille, France (4.95 percent); Flushing, N.Y. (1.11 percent); Hong Kong (1.03 percent); Portland, Ore. (0.41 percent); Edinburgh, United Kingdom (0.98 percent); Amherst, Mass. (4.43 percent); Richardson, Texas (0.53 percent) and Sunnyvale, Calif. (2.94 percent).  The estimated completion date is Sept. 30, 2016.  No funds are being obligated at time of award.  The contracting activity is the Defense Advanced Research Projects Agency, Arlington, Va., (HR0011-12-C-0016).

*Small Business
**Service-Disabled Veteran Owned Small Business

REMARKS BY SECRETARY OF STATE KERRY ON THE ENVIRONMENT AND CLIMATE CHANGE

FROM:  U.S. STATE DEPARTMENT 
Remarks on Climate Change and the Environment
Remarks
John Kerry
Secretary of State
Kien Vang Market Pier
Mekong Delta, Vietnam
December 15, 2013

SECRETARY KERRY: I want to thank Dr. Dang Kieu Nhan for – from Can Tho, from the Can Tho University, who just gave me, over the course of our boat ride, a briefing, and before the boat ride, a really eye-opening briefing about the effect of climate change here in the Mekong Delta. Dr. Nhan and colleagues of the Climate Change Research Institute have been working very closely with the U.S. Geological Survey to monitor the effects of climate change in the Mekong Delta, and the United States is very grateful for that research and how it informs our environmental efforts in the region.

Now, it is obviously amazing for me to be here today. Decades ago, on these very waters, I was one of many who witnessed the difficult period in our shared history. Today, on these waters, I’m bearing witness to how far our nations have come together. And we are talking about the future, and that’s the way it ought to be. As our shared journey continues, our eyes are firmly fixed on the future, not on the past. And, my friends, nothing threatens the future of this region – where millions of people work, live and supply food for millions of other people around the world; the entire planet is impacted by what happens here. This is one of the two or three most potentially impacted areas in the world with respect to the effects of climate change.

And if we continue down the path that we are on today, scientists predict – let me emphasize, not politicians, not radio talk show hosts – but scientists predict that by the end of this century, the sea will have risen by almost a full meter on average. To some people, that doesn’t sound like a whole lot. But here, in Ca Mau, it’s easy to understand the damage that just one meter of sea-level rise would do. It would literally displace millions upon millions of people around the world. It would destroy infrastructure. It would threaten billions of dollars in global economic activity. And this hits home. The reason we’re here today is to emphasize that a large part of the world’s shrimp farming and catfish farming takes place within the delta. And there are some 70 million people who rely on the Mekong River for economic stability.

While no single storm can be related to climate change, everybody does know as a matter of scientific fact that rising temperatures would also lead to longer and more unpredictable monsoon seasons and more extreme weather events. Later this week, I will be traveling to Tacloban in the Philippines, to see firsthand the immense devastation that extreme weather events can leave in their wake. This, too, has a very special significance here in Vietnam, where every year on average between six and eight typhoons or tropical storms tear through communities. That includes Tropical Storm Linda which, years ago, killed more than 3,000 people across the country and cost nearly $400 million in damages.

Most importantly, this is the rice basket of the world right here. Rice is one of the great exports of Vietnam. And literally tens of millions, hundreds of millions of people throughout Asia and the world depend on that rice as a staple of their nutrition. Here in the breadbasket – the rice breadbasket of Vietnam, higher sea levels mean more salt water spilling into the Mekong Delta. And anybody who has ever farmed or grown a garden can tell you that salt water and salt are no friend to rice paddies.

Vietnam is one of the most vulnerable countries in the world when it comes to climate change. And we will see very serious impacts if we don’t change course today. That’s why all of us need to work together and focus in on these issues. That’s why I came down here to this remote part of the Mekong Delta, which just coincidentally happens to be a place I’ve been before. But I came here not to go into the past, but to look at this challenge that we’re facing with respect to the future.

The United States and Vietnam are already cooperating. We’re working now on many levels in order to strengthen Vietnam’s resilience to the effects that we can already see. And today I’m pleased to announce an initial commitment of $17 million for USAID’s Vietnam Forest and Deltas Program. That money will go towards helping Vietnamese communities reverse environmental degradation and adapt to climate change.

But it’s not just about adapting to climate change. We are also working to stop the worst effects of climate change from happening in the first place, including by promoting clean-energy development and energy efficiency. I’m proud to say that American companies are heavily involved in this effort: Just yesterday, when I was in Ho Chi Minh City, General Electric signed a $94 million contract with Cong Ly, a Vietnamese firm, in order to provide additional wind turbines for the first wind farm in nearby Bac Lieu province just to the north of us here.

Now, it is also true that without careful planning, some clean-energy development – like hydropower – can wind up having negative impacts on other aspects of the environment. This is a very serious issue. China is currently building dams on the Mekong River, and Thailand is contemplating building – Cambodia. There are several countries that get the waters of the Mekong before Vietnam, but they all share the benefits of these important waters. And no one country has a right to deprive another country of the livelihood and the ecosystem and its capacity for life itself that comes with that river. That river is a global asset, a treasure that belongs to the region. And so it is vital that we avoid dramatic changes in the water flow and sediment levels. And already, we are seeing that fisheries are experiencing threats to the fish stocks as a consequence of the changes taking place. This is particularly concerning given the level of aquaculture products that are the largest export of Ca Mau province. And they’re even bigger today than the rice exports.

Let me bring it home: Legal Sea Foods in Boston, Massachusetts, which now has outlets in other parts of the country – Washington, D.C. and elsewhere – comes here, and many of the fish products that come to Legal Sea Foods and other restaurants in America come from right here. We’re connected to this. Our livelihood, our economy is connected to this. And we all need to work together in order to deal with it.

That’s why decisions on infrastructure developments – including things like dams – have to be made carefully, deliberately and transparently. Sharing data and best practices in an open and cooperative dialogue will help ensure that many resources of the Mekong continue to benefit people not just in one country, not just in the country where the waters come first, but in every country that touches this great river.

I can tell you that we will – we, the United States, will continue to focus on this. And I will, in my next visit to China as well as in other international fora, raise this issue so that we can work together on it in an effective way. We, the United States, actually do have something to share with people about this, because we have worked on similar issues for a long time – for decades – with the Mississippi Delta and the Mississippi River, with the Chesapeake Bay and elsewhere in the United States. We have been through this, we’ve learned some lessons, and we want to try to share those lessons with other people. We are now developing through the Smart Infrastructure for the Mekong – or the SIM – program. We are working on sharing the lessons that we have learned. This part of the Lower Mekong Initiative is a topic that I discussed when I was in Brunei with Foreign Minister Pham Binh Minh and other foreign ministers who touch on the Lower Mekong Basin countries.

Ultimately, my friends, in Vietnam and around the world, we have a responsibility to pursue development in a way that’s sustainable for our ecosystems, for our economics, and for our climate, and for our people. And here in Ca Mau, the importance of honoring that responsibility is as clear as anywhere. And that’s why we wanted to come here today.

Local farmers and local fisheries have depended on these waters for centuries. This is not a new phenomenon. This is life itself here, and they depend on them today. They need their children to be able to depend on them in the future. And the United States is committed to working with Vietnam to make sure that they are able to do so; that our shared journey continues, and that we’re leaving behind a planet that’s worthy of the generations to come. And I can’t tell you how good it feels for me to be back here in this place, to be working on the future and to be working together with our Vietnamese friends in an effort to try to build that future together in a constructive way.

Thank you very much. (Applause.)

REMARKS BY SECRETARY KERRY AND VIETNAMESE DEPUTY PRIME MINISTER PHAM BINH MINH

FROM:  U.S. STATE DEPARTMENT 
Joint Press Availability With Vietnamese Deputy Prime Minister and Foreign Minister Pham Binh Minh
Press Availability
John Kerry
Secretary of State
Government Guest House
Hanoi, Vietnam
December 16, 2013

MODERATOR: (Via interpreter) Excellency John Kerry, U.S. Secretary of State, Deputy Prime Minister and Minister of Foreign Affairs Pham Binh Minh, ladies and gentlemen, correspondents; you may now have the honor to introduce Deputy Prime Minister and Minister of Foreign Affairs Pham Binh Minh and U.S. Secretary of State John Kerry to co-chair the press conference announcing the outcomes of the talk between the two sides.

To begin with, I’d like to invite His Excellency Phan Binh Minh to take the floor.

DEPUTY PRIME MINISTER MINH: His Excellency Secretary of State John Kerry, dear correspondents, member of the press; first I would like to extend my warmest welcome to Mr. John Kerry for coming back to Vietnam in the capacity of the Secretary of State. I’d like to thank you, Mr. Secretary, for your warm sentiments and friendship toward Vietnam and its people. Once again, I would like to highly value and commend your significant contribution in the past capacity as the senator and in the current capacity as the Secretary of State to promoting bilateral relationship between Vietnam and U.S.

Mr. Secretary and I had an open, candid, and constructive, meaningful talk on many issues of bilateral relations in order to promote this relationship as well as in regional and international issues. We note with satisfaction the practical and meaningful development of bilateral relations and multilateral framework cooperation between the two countries ever since the establishment of comprehensive partnership between our two countries. In the official visit to the U.S. by His Excellency State President Truong Tan Sang, we have discussed specific measures to further promote comprehensive partnership between the two countries in all areas. The two sides have agreed to enhance and intensify exchange of high-level delegations and contacts, and further promote cooperation in economic trade and investment. The U.S. is currently the leading trading partners and the seventh largest investor in Vietnam, however many potential for further cooperation remain untapped between the two countries, especially in economic trade and investment. We should further promote this to the level of comprehensive partnership.

Mr. Secretary and I have agreed that we should further promote cooperation in science and technology, including the official signing of the 123 civilian nuclear agreement and further promote cooperation in education, health, climate change, humanitarian issues, and addressing the consequences of war in the coming time.

I would take this opportunity to express my high appreciation of the USAID signing of contract for the environment impact assessment at the hotspots in Bien Hoa Airport and fact that the USAID and MOLISA of Vietnam have signed MOU on resolving the unexploded ordnance.

Mr. Secretary and I also agreed that the two sides would maintain candid and positive and constructive dialogues on issues of differences, including human rights. We also exchanged on the further implementation and enhancement of cooperation within the framework of regional and international forums, and we reaffirmed the support for ASEAN’s centrality to an emerging regional architecture.

On the East Sea issue, we emphasized the importance of maintaining peace, stability, security, and maritime safety, and we share the view that all territorial disputes in the East Sea must be resolved by peaceful means on the basis of international law, especially the UNCLOS 1982, and the relevant party should strictly observe the DOC and soon move forward to the conclusion of a COC.

Thank you.

MODERATOR: (Via interpreter) Thank you very much, Deputy Prime Minister, Minister Pham Binh Minh. Next I would like to invite Secretary John Kerry.

SECRETARY KERRY: Thank you very much, Foreign Minister Minh. It’s a pleasure to be with you again. I’m happy to be with you here. And I’m delighted to be in Hanoi for the first time as Secretary of State and to see with my own eyes how our relationship with Vietnam is deepening and moving forward. It’s meaningful to me personally to be here, obviously, because of the history, but frankly, much more so right now because of the future.

I want to thank my friend, the Deputy Prime Minister now and Foreign Minister Minh, for his hospitality and for a very productive discussion, continuing discussions which we had in New York and at the conferences, the ASEAN, as well as my meetings with the president, President Sang, and with the Prime Minister, Prime Minister Dung. I’m also looking forward to meeting with Prime Minister Dung in a little while, and with General Secretary Trong later today.

This is my fourth visit to Asia since I became Secretary, and I want to re-emphasize that the U.S. rebalance toward the Asia Pacific has been a top priority for President Obama from day one when he came into office. And today, our economic, our diplomatic, our strategic, and our people-to-people initiatives throughout the region are stronger than ever. What some are calling our rebalance within the rebalance, which is an intensified focus on Southeast Asia, is now a central part of our policy, as is our engagement with ASEAN, which sits at the heart of the Asia Pacific’s regional architecture. Nowhere is this more important or more visible, frankly, than in the heightened investment and engagement than right here in Vietnam.

When I touched down in Hanoi in 1991 for the first time as a civilian and as a senator, I have stark memories of a very, very different Hanoi. There were still laws that then restricted people’s interactions with foreigners. There was none of the vibrancy and energy that you see today in terms of the stores and shops and entrepreneurial activity. There were actually very, very few cars back then. Almost everybody was on a bicycle, bicycles all over; the streets were literally filled with bicycles. And there were very few motorbikes, very few motorcycles, not even that many hotels. I remember staying in the Government Guest House.

Today, the energy of this city is absolutely remarkable, as is the energy of this country, and the transformation is nothing short of amazing. In the years since we lifted the embargo and normalized relations, Vietnam has become a modern nation and an important partner of the United States. And it is a nation today with almost 40 percent of its population under the age of 25, all people teeming with energy and enthusiasm for the potential of the future.

Last July, President Obama and President Sang signed a new level of collaboration with the announcement of the U.S.-Vietnam Comprehensive Partnership. And I want to briefly touch on four specific areas where we are deepening our bilateral relationship.

First and foremost, we know that education, education of our people-to-people ties, are laying the foundation for a close U.S.-Vietnam partnership in years to come. And we’ve made great progress in strengthening those ties. Today, more than 16,000 Vietnamese students are studying in the United States, more than almost every other country in the world. In Ho Chi Minh City, I had the opportunity to meet and talk and listen to some of the impressive young men and women who were the alumni among the 4,000 alumni of the Fulbright program here in Vietnam. I take special pride in this program because when I was a younger senator I initiated efforts in the Senate to start this program. And before long, it became the largest Fulbright program in the world. Today, it is the second-largest program in the world. It has been an extraordinary success so far, and we look forward to building on that success by continuing to work with the Vietnamese Government to establish a full-fledged Fulbright University in Vietnam in the near future.

The second area that we are focusing on is trade. Trade is perhaps the clearest example of how far our nations have come in the 18 years since we normalized relations. Two-way trade between the United States and Vietnam has increased since 1995 more than 50-fold. Last week, we launched the Governance for Inclusive Growth program, through which the United States will help support Vietnam’s ongoing transition to a more inclusive, market-based economy that is based on the rule of law.

And as I told business leaders in Ho Chi Minh City on Saturday, the assistance that we provide through this program, this new program, will also help Vietnam to implement the Trans-Pacific Partnership. Once finalized, TPP will raise standards, including labor standards, open markets up. It will create millions of new jobs, not just in the United States and Vietnam but throughout the Asia Pacific. We are working very closely with Vietnam and other regional partners in order to complete the TPP negotiations as quickly as possible. But to realize our potential as a partner and for Vietnam to realize its potential as a thriving economy – and this is something we talked about openly and frankly – Vietnam needs to show a continued progress on human rights and freedoms, including the freedom of religion, the freedom of expression, and the freedom of association. I made this point clearly to Deputy Prime Minister Minh, as I have in all my previous discussions with Vietnamese officials.

Third, we are collaborating closely on the environment. Climate change is perhaps the single greatest threat facing most nations on the planet today. Yesterday, I had the opportunity to visit the same waters in the Mekong Delta that I patrolled 45 years ago, and I saw firsthand the ways in which the United States and Vietnam are now working hand in hand to pursue development in a way that is sustainable for the environment, for local economies, and most importantly, sustainable for the climate.

And finally, we are working to strengthen regional security. We are expanding our collaboration on humanitarian assistance and disaster relief efforts as well as on search-and-rescue capabilities. We’re also working more closely than ever on peacekeeping efforts. Next year, Vietnam, for the first time, will participate in the United Nations global peacekeeping operations.

No region can be secure in the absence of effective law enforcement in territorial waters. And because of that, today I am also pleased to announce $32.5 million in new U.S. assistance for maritime law enforcement in Southeast Asian states. This assistance will include, among other things, training and new fast-patrol vessels for coast guards. Building on existing efforts like the Gulf of Thailand initiative, this assistance will foster greater regional cooperation on maritime issues and ultimately provide the ability of Southeast Asian nations to carry out humanitarian activities and to police and monitor their waters more effectively.

In particular, peace and stability in the South China Sea is a top priority for us and for countries in the region. We are very concerned by and strongly opposed to coercive and aggressive tactics to advance territorial claims. Claimants have a responsibility to clarify their claims and to align their claims with international law and to pursue those claims within international peaceful institutions. Those countries can engage in arbitration and other means of negotiating disputes peacefully. We support ASEAN’s efforts with China to move quickly to conclude a code of conduct. And while a code of conduct is necessary for the long term, nations can also reduce the risk of miscommunication and miscalculation by taking steps today to put crisis prevention arrangements in place. That is an easy way to try and reduce tensions and try to reduce the potential for conflict.

Nowhere is that kind of effort more necessary today than it is in the East China Sea. President Obama and I are obviously very concerned about recent actions that have increased tensions between China and Japan, and we call for intensified negotiations and diplomatic initiatives.

Lastly, in discussing territorial disputes, I raised our deep concerns about China’s announcement of an East China Sea Air Defense Identification Zone. This move clearly increases the risk of a dangerous miscalculation or an accident, and it could escalate tensions even further. I told the deputy prime minister that the United States does not recognize that zone and does not accept it. China’s announcement will not change how the United States conducts military operations in the region.

This is a concern about which we have been very, very candid, and we’ve been very direct with the Chinese. The zone should not be implemented, and China should refrain from taking similar unilateral actions elsewhere in the region, and particularly over the South China Sea.

In the months and years ahead, I am really confident that this relationship is going to grow stronger, that we are going to make progress. Today, Vietnam is a country that is committed to a different future, to a better future. And despite the difficult history that our nations have shared, I have always been impressed in the many, many visits that I have made here, from working on POW/MIA to working on lifting the embargo to working on normalization, and now working on trying to truly give full definition, full blossom if you will, to the peaceful possibilities between our countries. As we begin to approach the 20th anniversary of normalized relations, we know that a strong, prosperous, and independent Vietnam that respects the rule of law and human rights will be a critical partner for the United States on many regional and global challenges that we face together.

So thank you very much, Mr. Minister, for welcoming me and my delegation here. I am grateful for our discussions thus far. We’ll have more time to talk over dinner tonight, and I look forward to my meeting with the prime minister and the chairman. Thank you.

DEPUTY PRIME MINISTER MINH: (Via interpreter) Thank you, Secretary John Kerry. Now I’d like to give some time for questions from correspondents. Please, from Vietnam News Agency.

QUESTION: (Via interpreter) (Inaudible) from Vietnam News Agency. I’d like to have a question for both foreign ministers. Would you give your view about the prospects of cooperation between Vietnam and the U.S. in economic trade and investment in the future?

DEPUTY PRIME MINISTER MINH: (Via interpreter) I’d like to address the question from Vietnam News Agency. In terms of economic trade and investment, this is one of the priorities in bilateral relationship between Vietnam and the U.S. (Inaudible) bilateral trade (inaudible) it has (inaudible) bilateral relations (inaudible) any country (inaudible) the U.S., it’s the seventh-largest investor to Vietnam. And we have great potential for economic trade and investment cooperation, during the talks we have exchanged on this issue. And we have (inaudible) promote specific measures to further enhance cooperation (inaudible) in the future. Because we have great potential (inaudible) in this area.

SECRETARY KERRY: Well, thank you, Minister. As I mentioned, the trade between the United States and Vietnam since 1995 has increased 50 times and it is growing on a constant basis. And we believe that if we can quickly come to agreement on the Trans-Pacific Partnership, the TPP trade agreement, that will create a trade alliance where you have almost 40 percent of the GDP of the world combined in this region, which is a very, very powerful trading entity. And if you raise the standards with respect to trade – the transparency, accountability, the labor standards and so forth – what you wind up doing is bringing everybody else along. They have to raise their standards in order to be able to partake in that, but also to be able to compete effectively.

So we think that this trade agreement is really one of the most significant steps that both of our nations can take to create jobs at home. Jobs will be created in America, jobs will be created in Vietnam, and we will both do better as a result. Just earlier this month, our U.S. Trade Representative, Ambassador Froman, and the team from his shop met with representatives from the 11 TPP partner countries. And we’re confident that that meeting is building momentum, that the work can move ahead quickly, that the negotiators will keep working hard. And the ministers plan to meet again in early January. So we’re very, very hopeful that achieving an ambitious, comprehensive, high-standard agreement is really critical for creating jobs and promoting growth.

Now, one thing I did raise with the minister is that we believe – we happen to believe that Vietnam will be even more energized economically, more competitive, and more powerful if it begins to transition some of its state-owned enterprises into private sector and begin to compete in the private sector in a way that most other countries are embracing. We think that’ll make a difference, but obviously, Vietnam needs to make its own decision about its schedule or its intentions. But we believe the TPP can define a very strong economic growth rate for this region and we really hope countries will rapidly move to close the agreement and to implement it.

MODERATOR: (In Vietnamese.)

QUESTION: Hello, Lesley Wroughton from Reuters. Mr. Secretary, how does your announcement today on maritime security – how does your announcement today on increased assistance for maritime security fit into these increased tensions with China? If anything, those tensions seem to have escalated not only in the East China Sea but also in the South China Sea.

And to the deputy prime minister, how – do you at all feel threatened by China, and how will this assistance help you deal with that threat?

Another one for Mr. Secretary on TPP: When you departed Washington, 47 lawmakers sent you a letter to say – to ask you to tie the TPP talks with Vietnam in with progress on human rights. Did you get any assurances today of any improvements coming up in that record, in the human rights record?

SECRETARY KERRY: With respect to the maritime announcement that we’ve made today, quite simply and directly let me tell you that this maritime announcement has nothing to do with any recent announcements by any other country or any of the tensions in the region. It is simply not a response to those recent announcements. This is part of a gradual and deliberate expansion that has been planned for some period of time which we have been working on. It expands on existing agreements and programs that we have now and it builds on a commitment to strengthen maritime capacity within ASEAN and within this region. So this is really an ongoing policy and not some kind of quickly conceived reaction to any events in the region.

With respect to the letter, I am very cognizant of the issue. As I said in my opening comments, we discussed it. I raised the issue with the foreign minister. There is some progress that is being made, and we have encouraged more progress to be made. There are increased number of church registrations. There have been increases within the new constitutional process of some additional rights. There are some things that we would have liked to have seen embraced that weren’t, and we’ve raised those. But this is an ongoing conversation, absolutely. I also raised individual cases of individual people and situations, and we had a very direct and healthy exchange about this. And I’ll let the foreign minister speak for himself about it, as he no doubt will.

But our need is to see progress on that, and I made it clear that TPP, the 123 agreement, the congressional readiness to move forward on any number of initiatives will be, obviously, affected by the degree of progress that is perceived.

DEPUTY PRIME MINISTER MINH: (Via interpreter) (Inaudible.) We have comprehensive, as the Secretary mentioned, (inaudible) relations, and there has been recent (inaudible). We have differences at sea. We also have agreements on six guiding principles on resolving issues at sea, including (inaudible) the United Nations welcomes the (inaudible) in ASEAN countries who are also implementing the DOC and well on the way to formulate DOC. And these are the kind of measures that are going to maintain peace, stability, maritime security, and safety. Thank you.

MODERATOR: (In Vietnamese.)

SECRETARY OF STATE KERRY'S REMARKS ON ANNIVERSARY OF DISAPPEARANCE OF SOMBATH SOMPHONE

FROM:  U.S. STATE DEPARTMENT 
One Year Anniversary of Lao Civil Society Leader Sombath Somphone's Disappearance
Press Statement
John Kerry
Secretary of State
Washington, DC
December 15, 2013

The United States remains deeply concerned over the fate of Sombath Somphone, one of the Lao People’s Democratic Republic’s most respected civil society figures, on the one-year anniversary of his abduction.

Sombath was abducted on the evening of December 15, 2012, from a Lao police checkpoint in Vientiane. This deplorable event was recorded on Lao Government surveillance cameras.

Our thoughts are with Sombath’s family, friends, and the countless others in the international community who have been inspired by Sombath’s exemplary leadership and devotion to his country.

We welcome the recent statement by Lao President Choummaly Sayasone that the Lao Government is very concerned about Sombath’s disappearance and would continue its investigation and take all measures necessary to resolve the case. We look forward to learning the results of a full, thorough, and transparent investigation.

The United States values its partnership with Laos on a wide range of issues – including unexploded ordnance removal, health, education, combating trafficking in persons, environment, justice reform, counternarcotics, trade, and the search for our missing in action – and we wish to work constructively with Laos to protect human rights and promote the rule of law.

Laos has taken steps in recent years to become a responsible partner in the community of nations. Sombath’s abduction threatens to undermine those efforts.

We call on the government to take all actions possible to ensure his safe return to his family.

VICE PRESIDENT BIDEN DELIVERS REMARKS ON U.S.-CHINA BUSINESS RELATIONS

U.S. AIR FORCE ACADEMY CYBER TEAM DOES WELL IN COMPETITION

FROM:  U.S. AIR FORCE 
Academy cyber team showcases international prowess 
 Published December 13, 2013
U.S. AIR FORCE ACADEMY, Colo. (AFNS) --

The Air Force Academy's Cyber Competition team placed first out of 47 teams in the western hemisphere, and fifth among 123 teams overall in the University of California Santa Barbara International Capture the Flag cyber competition Dec. 6.

In the competition, each university team received an identical computer with a collection of 10 vulnerable services, and had to simultaneously protect their machines, attack services on other team's computers and identify malicious network traffic.

"The competition required me to learn skills to rapidly develop software to exercise the vulnerabilities in the competition, which, in itself, is exhilarating," said Cadet 2nd Class Kevin Cooper.

Fellow team members said they relished the continually-evolving challenges.

"There are always new problems and puzzles in these competitions," said Cadet 3rd Class Josh Hayden. "I was really glad that even though I am the newest member of the team, I was still able to contribute to our success."

"Being on the cyber team has helped me greatly in preparing to be a cyberspace operations officer in the Air Force, and it gives more context on the threats we'll face defending the U.S. in cyber," said Cadet 1st Class Ryan Zacher, the team captain.

The Cyber Competition Team was coached by Dr. Martin Carlisle, the Academy Center for Cyberspace Research director, with assistance from Maj. David Caswell, Maj. Mike Chiaramonte and Capt. David Hancock, all from the Academy's Computer Sciences Department.

"It's a privilege to be able to work with the Cyber Competition Team," Carlisle said. "They continually impress me with their level of dedication and how successfully they compete on the international stage."

This is the latest in a series of top finishes for the Cyber Competition team, which has showcased its cyber-prowess in a growing number of competitions worldwide. In September, the team placed 10th of 349 undergraduate teams from the U.S. and Canada in the New York University Poly Cyber Security Awareness Week Capture the Flag qualifiers.

The team won the National Security Agency's Cyber Defense Exercise for 2012 and 2013, as well as taking home cyber trophies in 2003 and 2006.

The Academy Cyber Competition team members who competed in this latest cyber competition are Cadets 1st Class Ryan Zacher, Sam Kiekhaefer, Chase King, Keane Lucas, Ray Sou, and Chad Speer; Cadets 2nd Class Matt Aust, Kevin Cooper, Zach Madison, and Bill Parks, and Cadets 3rd Class CJ Edwards, Josh Hayden, Justin Niquette and Eric Wardner.

(Courtesy of U.S. Air Force Academy Public Affairs)

CDC TOUTS BENEFITS OF INFLUENZA VACCINATIONS

FROM:  CENTERS FOR DISEASE CONTROL AND PREVENTION 
Influenza Illnesses and Hospitalizations Averted by Influenza Vaccination — United States, 2012–13 Influenza Season

Influenza vaccination produces a substantial health benefit in terms of preventing illness, medical visits and hospitalizations, but further raising vaccination rates and producing more effective vaccines would greatly increase the benefits realized by influenza vaccination in the United States. In this report, CDC uses a model first published in June 2013 to estimate the number of influenza-associated illnesses, medically attended illnesses and hospitalizations that were prevented last season as a result of flu vaccination. Based on this model, CDC estimates that flu vaccination in 2012-2013 reduced the numbers of flu illnesses, medically attended illnesses and hospitalizations by 17 percent over what would have occurred in the absence of influenza vaccination. This report shows the benefits of the flu vaccination program in terms of reducing flu illnesses, including serious illnesses resulting in hospitalizations.

SYNTHETIC MARIJUANA WILL BE PART OF DOD RANDOM DRUG TESTING

FROM:  U.S. DEFENSE DEPARTMENT 
DOD Adds Synthetic Marijuana to Random Drug Testing
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service

WASHINGTON, Dec. 13, 2013 – The Defense Department has expanded its zero tolerance for the use of illicit drugs to include synthetic marijuana, also known as “spice,” the director of DOD’s drug testing and program policy said here today.
In an interview with American Forces Press Service and the Pentagon Channel, Army Lt. Col. Tom Martin said that in addition to the broad range of drugs for which the military already randomly tests service members, synthetic marijuana will also be included.

“The message we’re getting out now is that when you participate in our random urinalysis program, synthetic marijuana products or synthetic marijuana will now be tested along with our other drugs,” he said. “It’s been known in the general population, both in the medical community and various media reports, that synthetic marijuana drug use is a serious health concern.”

Martin noted that while the military typically has a much lower level of drug use than in society at large, synthetic marijuana “still poses a significant risk to both the safety and readiness of our force.”

“Prior to synthetic marijuana being banned,” he said, “the department went out and did a random study looking at a sampling of military urine specimens from all the different services to see if synthetic marijuana was being used by our members. At that time, the positive rate, or the number of service members who tested positive, was about 2.5 percent.”

To put that in perspective, he said, in 2012 the overall positive rate for all the drugs tested for in the urinalysis program was 0.9 percent.

“In 2012, synthetic marijuana products were banned through legislation,” Martin said. “So we went back and did a similar study, and what we found is that the actual numbers went down.” However, he added, a high number of service members are using synthetic marijuana.

In addition to testing for synthetic marijuana, Martin said, the military also randomly tests all service members for marijuana, cocaine, amphetamines and other drugs in the amphetamine class, including methamphetamines and the drug known as “ecstasy.” The test also looks for codeine and morphine, oxycodone, oxymorphone, hydrocodone, hydromorphone, Vicodin, and different diazepines, such as Valium and Xanax.

Martin said even deployed troops are subject to random drug testing. “They are still mandated to be tested under the military’s random urinalysis program; however, the frequency is determined by the operational tempo,” he said.
If a random drug testing detects the presence of illegal drugs, Martin said, troops are subject to punishment under military law guidelines.

“Any service member who tests positive for either an illicit drug or misuse of a prescription drug falls under any actions deemed appropriate under the Uniform Code of Military Justice, as well actions that are appropriate as deemed by their commander,” he said.

With the addition of synthetic marijuana to an already stringent drug testing policy, Martin reiterated the department’s commitment to zero tolerance for the abuse of illicit drugs.

“All service members participating in our urinalysis program will be tested for cannabinoids,” he said. “And if they do test positive, they will be dealt with according to the Uniform Code of Military Justice.”

MAN CHARGED WITH TRYING TO EXPLODE CAR BOMB AT WICHITA AREA AIRPORT

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, December 13, 2013
Kansas Man Charged in Plot to Explode Car Bomb at Airport

A man has been charged in federal court with attempting to explode a car bomb at Wichita Mid Continent Airport, Acting Assistant Attorney General for National Security, John Carlin and U.S. Attorney Barry Grissom announced today. The defendant was arrested as part of an FBI undercover investigation, and the device used by the defendant was, in fact, inert and at no time posed a danger to the public.

Terry Lee Loewen, 58, of Wichita, Kan., is charged in a criminal complaint filed today in U.S. District Court in Wichita with one count of attempting to use a weapon of mass destruction, one count of attempting to damage property by means of an explosive and one count of attempting to provide material support to a designated foreign terrorist organization.

“There was no breach of Mid-Continent’s Airport’s security,” said U.S. Attorney Grissom.  “At no time was the safety of travelers or members of the public placed in jeopardy.”

Loewen, who works as an avionics technician, is alleged to have spent months developing a plan that involved using his access card to airport grounds to drive a van loaded with explosives to the terminal.  He planned to pull the trigger on the explosives himself and die in the explosion.

Agents arrested Loewen about 5:40 a.m. Friday after he attempted to enter the airport tarmac and deliver a vehicle loaded with what he believed were high explosives.  Members of the FBI’s Joint Terrorism Task Force (JTTF) took him into custody without incident.

Loewen has been under investigation by the Wichita Joint Terrorism Task Force since early summer 2013. It is alleged that, prior to his attempted attack, he made statements that he was resolved to commit an act of violent jihad against the United States. Over a period of months, he took a series of actions to advance the plot. According to an affidavit filed in support of the criminal complaint, Loewen:

studied the layout of the airport and took photographs of access points;
researched flight schedules;  
assisted in acquiring components for the car bomb;
and talked about his commitment to trigger the device and martyr himself.

On Friday, Loewen went to Mid-Continent Airport to detonate the car bomb.  He was taken into custody when he attempted to open a security access gate. FBI Evidence Response Teams are executing search warrants related to the case.  Although the investigation is ongoing, no additional arrests are anticipated.

“Lone wolves - home grown violent extremists remain a very serious threat to our nation’s security, said FBI Special Agent in Charge Michael Kaste.  “Today’s arrest emphasizes the continual need for the public to remain vigilant as law enforcement relies on the public’s assistance.”

If convicted, Loewen would face a maximum penalty of life in federal prison.

The investigation was conducted by the Wichita FBI Joint Terrorism Task Force, which includes members from the FBI, Sedgwick County Sheriff’s Office and Kansas Highway Patrol. Assisting with the investigation were the FBI Kansas City Division, the Transportation Security Administration, the Wichita Airport Authority, and the Wichita Police Department.

The case is being handled by prosecutors from the United States Attorney’s Office and the Justice Department’s National Security Division.
 
In all cases, defendants are presumed innocent until and unless proven guilty. The charges merely contain allegations of criminal conduct.

PRESIDENT OBAMA'S MESSAGE TO CONGRESS REGARDING WAR POWERS RESOLUTION

FROM:  THE WHITE HOUSE 
December 13, 2013
Message to the Congress -- Report Consistent with War Powers Resolution
Dear Mr. Speaker: (Dear Mr. President:)

I am providing this supplemental consolidated report, prepared by my Administration and consistent with the War Powers Resolution (Public Law 93-148), as part of my efforts to keep the Congress informed about deployments of U.S. Armed Forces equipped for combat.

MILITARY OPERATIONS IN SUPPORT OF U.S. COUNTERTERRORISM OBJECTIVES

In furtherance of U.S. counterterrorism efforts, the United States continues to work with partners around the globe, with a particular focus on the U.S. Central Command's and U.S. Africa Command's areas of responsibility. In this context, the United States has deployed U.S. combat-equipped forces to enhance the counterterrorism capabilities and support the counterterrorism operations of our friends and allies, including special operations and other forces for sensitive operations in various locations around the world. Specific information about counterterrorism deployments to select countries is provided below, and a classified annex to this report provides further information.

Military Operations Against al-Qa'ida, the Taliban, and Associated Forces and in Support of Related U.S. Counterterrorism Objectives

Since October 7, 2001, the United States has conducted combat operations in Afghanistan against al-Qa'ida, the Taliban, and associated forces. In support of these and other overseas operations, the United States has deployed combat-equipped forces to a number of locations in the U.S. Central, Pacific, European, Southern, and Africa Command areas of operation. Such operations and deployments have been reported previously, consistent with Public Law 107-40 and the War Powers Resolution, and operations and deployments remain ongoing. These operations, which the United States has carried out with the assistance of numerous international partners, have been successful in seriously degrading al-Qa'ida's capabilities and brought an end to the Taliban's leadership of Afghanistan.

The United States is committed to thwarting the efforts of al-Qa'ida, the Taliban, and associated forces to carry out future acts of international terrorism, and we have continued to work with our counterterrorism partners to disrupt and degrade the capabilities of al-Qa'ida, the Taliban, and associated forces. As necessary, in response to this terrorist threat, I will direct additional measures to protect U.S. citizens and interests. It is not possible to know at this time the precise scope or the duration of the deployments of U.S. Armed Forces necessary to counter this terrorist threat to the United States.

Afghanistan. United States Armed Forces continue to pursue and engage remaining al-Qa'ida and Taliban fighters in Afghanistan while transitioning to an Afghan security lead. There are approximately 55,000 U.S. forces in Afghanistan, and the United States Armed Forces are on track to meet the Afghanistan Force Management Level of 34,000 by February 12, 2014.

The United Nations (U.N.) Security Council most recently extended its authorization of the International Security Assistance Force (ISAF) in Afghanistan until December 31, 2014, in U.N. Security Council Resolution 2120 (October 10, 2013). The mission of ISAF, under North Atlantic Treaty Organization (NATO) command and in partnership with the Government of the Islamic Republic of Afghanistan, is to reduce the capability and will of the insurgency, support the growth in capacity and capability of the Afghan National Security Forces (ANSF), and facilitate improvements in governance and socio-economic development in order to provide a secure environment for sustainable stability that is observable to the population. Forty-eight nations, including the United States and all 28 NATO members, contribute forces to ISAF. For the last few years, the ISAF campaign has focused on preparing the ANSF for full security transition in 2014.

In June 2013, at the "Milestone 2013" ceremony, the ANSF assumed the lead for security nationwide. ISAF is now in support of the ANSF. The only unilateral operations that ISAF conducts are in support of its own security, sustainment, and redeployment. In the coming months, ISAF will focus on developing the sustainability of the ANSF and assisting the ANSF as the Afghan government plans for the elections in 2014. The security transition process -- as agreed to at the 2010 NATO Summit in Lisbon and reaffirmed at the 2012 NATO Summit in Chicago -- remains on track and the ANSF are expected to assume full responsibility for security across the whole of Afghanistan by the end of 2014.

As I noted in my report of June 14, 2013, on March 25, 2013, the United States signed a Memorandum of Understanding (MOU) with the Afghan government under which the United States transferred all Afghan nationals detained by U.S. forces in Afghanistan to the custody and control of the Afghan government. Pursuant to the MOU, any new Afghan detainees are to be transferred to Afghan custody and control within 96 hours after capture. United States forces in Afghanistan continue to detain approximately 53 third-country nationals under the 2001 Authorization for the Use of Military Force (Public Law 107-40), as informed by the law of war.

Libya. In Libya, on October 5, 2013, U.S. Armed Forces captured longtime al-Qa'ida member Abu Anas al Libi.

Somalia. In Somalia, the U.S. military has worked to counter the terrorist threat posed by al-Qa'ida and associated elements of al-Shabaab. On the night of October 4, 2013, U.S. Armed Forces conducted a raid in Somalia to capture a member of al-Qa'ida who is also a top commander in the terrorist group al-Shabaab. The operation did not result in the capture of the targeted individual.

Yemen. The U.S. military has also been working closely with the Yemeni government to dismantle operationally and ultimately eliminate the terrorist threat posed by al-Qa'ida in the Arabian Peninsula (AQAP), the most active and dangerous affiliate of al-Qa'ida today. Our joint efforts have resulted in direct action against a limited number of AQAP operatives and senior leaders in that country who posed a terrorist threat to the United States and our interests.

Cuba. Combat-equipped forces, deployed since January 2002 to the Naval Base, Guantanamo Bay, Cuba, continue to conduct humane and secure detention operations for the approximately 162 detainees at Guantanamo Bay under the authority provided by the 2001 Authorization for the Use of Military Force (Public Law 107-40), as informed by the law of war.

Military Operations in Niger in Support of U.S. Counterterrorism Objectives

As indicated in my report of June 14, 2013, U.S. military personnel in Niger continue to provide support for intelligence collection and to facilitate intelligence sharing with French forces conducting operations in Mali and with other partners in the region. The total number of U.S. military personnel deployed to Niger is approximately 200.

MILITARY OPERATIONS IN CENTRAL AFRICA

In October and November 2011, U.S. military personnel with appropriate combat equipment deployed to Uganda to serve as advisors to regional forces of the African Union Regional Task Force (AU-RTF) that are working to apprehend or remove Joseph Kony and other senior Lord's Resistance Army (LRA) leaders from the battlefield, and to protect local populations. The number of U.S. military personnel deployed to the central Africa region, including advisors deployed for this mission and personnel providing logistical and support functions to this and other missions, is approximately 120.

United States forces are working with select partner nation forces of the AU-RTF to enhance cooperation, information-sharing and synchronization, operational planning, and overall effectiveness. Elements of these U.S. forces have deployed to forward locations in the LRA-affected areas, including the Republic of South Sudan, the Democratic Republic of the Congo, and the Central African Republic in order to enhance regional efforts against the LRA. These forces, however, will not engage LRA forces except in self-defense. It is in the U.S. national security interest to help our regional partners in Africa to develop their capability to address threats to regional peace and security, including the threat posed by the LRA. The United States is pursuing a comprehensive strategy to help the governments and people of this region in their efforts to end the threat posed by the LRA and to address the impact of the LRA's atrocities.

MARITIME INTERCEPTION OPERATIONS

As noted in previous reports, the United States remains prepared to conduct maritime interception operations on the high seas in the areas of responsibility of each of the geographic combatant commands. These maritime operations are aimed at stopping the movement, arming, and financing of certain international terrorist groups, and also include operations aimed at stopping proliferation by sea of weapons of mass destruction and related materials.

MILITARY OPERATIONS IN EGYPT

Approximately 715 military personnel are assigned to the U.S. contingent of the Multinational Force and Observers, which have been present in Egypt since 1981.

MILITARY OPERATIONS IN JORDAN

As detailed in my report of June 21, 2013, at the request of the Government of Jordan, a combat-equipped detachment of approximately 700 U.S. personnel remain in Jordan following participation in a training exercise that ended on June 20, 2013. The detachment includes Patriot missile systems, fighter aircraft, and related support, command, control, and communications personnel and systems. These forces joined U.S. forces already in Jordan for a total of approximately 1,500 U.S. military personnel. These forces will remain in Jordan, in full coordination with the Government of Jordan, until the security situation becomes such that they are no longer needed.

U.S./NATO OPERATIONS IN KOSOVO

The U.N. Security Council authorized Member States to establish a NATO-led Kosovo Force (KFOR) in Resolution 1244 on June 10, 1999. The original mission of KFOR was to monitor, verify, and, when necessary, enforce compliance with the Military Technical Agreement between NATO and the then-Federal Republic of Yugoslavia (now Serbia), while maintaining a safe and secure environment. Today, KFOR deters renewed hostilities in cooperation with local authorities, bilateral partners, and international institutions. The principal military tasks of KFOR forces are to help maintain a safe and secure environment and to ensure freedom of movement throughout Kosovo.

Currently, 23 NATO Allies contribute to KFOR. Eight non-NATO countries also participate. The U.S. contribution to KFOR is approximately 670 U.S. military personnel out of the total strength of approximately 4,900 personnel.

REGIONAL SECURITY OPERATIONS

As stated in my report of June 14, 2013, U.S. Armed Forces remain in Libya and Yemen to support the security of U.S. personnel. These forces will remain deployed, in full coordination with the respective host governments, until the security situation no longer requires them.

Additional information about regional security operations is provided in the classified annex.

I have directed the participation of U.S. Armed Forces in all of these operations pursuant to my constitutional and statutory authority as Commander in Chief (including the authority to carry out Public Law 107-40 and other statutes) and as Chief Executive, as well as my constitutional and statutory authority to conduct the foreign relations of the United States. Officials of my Administration and I communicate regularly with the leadership and other Members of Congress with regard to these deployments, and we will continue to do so.

Sincerely,

BARACK OBAMA

Sunday, December 15, 2013

SECRETARY OF STATE KERRY'S REMARKS TO U.S. CONSULATE STAFF/FAMILIES IN HO CHI MINH CITY, VIETNAM

FROM:   U.S. STATE DEPARTMENT 
Meeting With Consulate Ho Chi Minh Staff and Families
Remarks
John Kerry
Secretary of State
U.S. Ambassador to Vietnam David B. Shear
U.S. Consulate Ho Chi Minh City
Ho Chi Minh City, Vietnam
December 14, 2013

AMBASSADOR SHEAR: Welcome, everybody. Mr. Secretary, I’d like to introduce you to team Ho Chi Minh City. (Cheering and applause.) I’d like especially to introduce you to our new Marine detachment, five new Marines led by Staff Sergeant Childress. Where are you? (Applause.) There they are. I’d like also to welcome 10 or 12 loyal employees of the embassy, who worked for us prior to 1975. There they are. (Applause.)

SECRETARY KERRY: Wow.

AMBASSADOR SHEAR: I’d like to recognize the great locally employed staff here, as well as the American staff. Mr. Secretary, without the folks you see here, we just couldn’t do what we do.

So, without further ado, I give you Secretary of State John Kerry. Thank you very much. (Applause.)

SECRETARY KERRY: Thank you. Thank you very much. Thank you very much, Mr. Ambassador. Chao cac ong cac ba. Nice to see you all. I’m very, very happy to be here. I want to thank our ambassador, David Shear, for his terrific work. He’s winding up here. He’s been here for over two years, now. And we are lucky to have good professionals like him and Rena Bitter. Thank you, Rena, for serving as CG here. She’s newly here.

But what a great facility here now. I must say last time I was in Ho Chi Minh City – I still – I slip all the time, I call it Saigon, you know. Shhh. (Laughter.) But the embassy was still here, the old embassy building that you worked in. And this obviously came into being in 1997, so it’s changed a little bit. Am I right, 1997 it came into being? So I guess the embassy building would have been torn down by then, because I was here in 2000 with President Clinton, but we didn’t come into the consulate. That’s the difference. Okay, I got it. Just refreshing.

Obviously, this is a very historic place, as you all know. And this memorial behind me documents both the downside of the history and the upside of the history. And what we’re looking at today is the upside of the history, which you all are working on brilliantly, and I’m very, very grateful for you for doing that.

When I was here, I was here in 1968, ’69, and I came up here to what was then Saigon in 1969. And I remember sitting up on the roof of the Rex Hotel, and none of these other tall buildings were here, none of them. And we sat up there, and it was – I was very – I had gotten away from my unit for a couple of days, and I was here for some meetings. And we would sit up there, and we were having a beer, which we couldn’t have normally where we were, and you’d look out at the flares all around the city. And every so often you’d here this brrt of gunfire from what we called Puff the Magic Dragon, that was flying around, which was a C-130 that would shoot. It was really eerie. I can’t tell you how totally bizarre it was to be sitting on top of a hotel, having a beer, sitting around, talking with people – a lot of press people used to hang out there – while all around you, you would be seeing and hearing the sounds of a war. And that was the sort of strangeness and duality of that period of time.

It led Senator McCain and me – and he spent, obviously, a different kind of time here; he was up north in Hanoi in prison. And when we both got to the United States Senate, we both felt compelled to try to find a way to change the relationship, to end the war. In many ways, the war hadn’t ended. Even though we weren’t here fighting, there was a war going on still about what had happened and who was responsible and did we have prisoners of war left behind or didn’t we. There were very high emotions about it.

And so, we set about to try to change that. And for 10 years – literally, for 10 years – we worked in order to get, first, the George H.W. Bush Administration to change the policy on the embargo. And then we worked on the Bill Clinton Administration to normalize relations. And in the year 2000, President Clinton became the first President of the United States to visit Vietnam since Lyndon Johnson. And I was pleased and honored to be able to come here with him and be here in this city, as we visited and tried to move to this new relationship.

Now, all of you are carrying that on. You are the ones really defining this new relationship in modern terms, as Vietnam goes through this enormous transformation. I can’t tell you how much of a transformation it is. None of these big, tall buildings were here 20 years ago. And now there are – 40 percent of the country is under the age of 25, a young country for whom the war is ancient history, and, by the way, for whom the war was just the American war, as opposed to the French war or the China war. It was just one of many.

And so now we have a chance to bring Vietnam into the broad community of nations in trade, in governance, and in human rights, in the rights that people have, in the way they’re respected and what their choices are in the course of their lives. These are the things that you all are working on, and we’re working on together.

We’re looking at the new trade relationship, the Trans-Pacific Partnership, which is an enormous opportunity to raise the standards by which people are doing business, which will have an impact on workers, on their job security, on their safety, on their pay, and on their rights. All of those things are affected. And it will create more jobs at home in America and here in Vietnam.

So we’re now on a wonderfully constructive, positive track towards the future. And every single one of you are the face of America and the values of that here, whether you are Vietnamese or another country’s national, whether you’re Foreign Service or Civil Service or TDY, or whatever you may be, political appointee. You are all the face of our consulate here, and our embassy in Hanoi, and of our country in Vietnam.

So I want to say thank you to you. I especially want to say thank you to all – we have about 257 local hires, people who work here locally, as this distinguished group did when they worked in the embassy way back in the 1960s and ’70s. And would everybody join me in saying thank you to them, their employee, for their work when they were here? It’s an honor to meet you. (Applause.) And all of the other – who are all the other local employees? Raise your hands, local employees. Thank you, all of you. Thank you very much. We appreciate it. (Applause.)

And I want to welcome the United States Marine Corps. They are the five – the first people here in the Marine Corps since 1975. And this is now our Marine security detachment here. And, gentlemen, semper fi, thank you for being here, and we thank what you’re doing. Appreciate it. Thank you. (Applause.)

So I just – look, it’s holiday time. Somebody here can tell me a good place I can go buy some Christmas presents quickly because I’m in trouble, otherwise. (Laughter.) I need some help. But on behalf of President Obama, myself – I have the honor to serve now as Secretary – there isn’t a greater honor than to serve with all of you, because every day we get to get up and go to work and try to make life better for other people. And we get to represent values that are worth fighting for. And I think every single one of you – you wouldn’t be here if you didn’t believe in that and you didn’t care about it. I thank you profoundly on behalf of your country, on behalf of me, as Secretary, on behalf of President Obama. And I wish all of you wonderful, happy holidays, Merry Christmas, Happy Hanukkah, happy whatever everybody else celebrates. Have a great time. God bless, and take care. Thank you. Thank you. (Applause.)

TWO ARMY NATIONAL GUARD SOLDIERS PLEAD GUILTY FOR ROLES IN BRIBERY AND FRAUD SCHEMES

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, December 13, 2013
Two Army National Guard Soldiers Plead Guilty in Connection with Bribery and Fraud Schemes to Defraud the U.s. Army National Guard Bureau
To Date, 19 Individuals Have Pleaded Guilty in Ongoing Corruption Investigation

Two U.S. Army National Guard soldiers pleaded guilty for their roles in bribery and fraud schemes that caused a total of at least $70,000 in losses to the U.S. Army National Guard Bureau.   Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas made the announcement.

Specialist Edia Antoine, 28, and former Staff Sergeant Ernest Millien, 49, both of Houston, each pleaded guilty to one count of conspiracy and one count of bribery.   The cases against both defendants arise from an investigation involving allegations that former and current military recruiters and U.S. soldiers in the San Antonio and Houston areas engaged in a wide-ranging corruption scheme to illegally obtain fraudulent recruiting bonuses.   To date, the investigation has led to charges against 25 individuals, 19 of whom have pleaded guilty.

According to court documents filed in both cases, in approximately September 2005, the National Guard Bureau entered into a contract with Document and Packaging Broker Inc. (Docupak) to administer the Guard Recruiting Assistance Program (G-RAP).   The G-RAP was a recruiting program that offered monetary incentives to soldiers of the Army National Guard who referred others to join the Army National Guard.   Through this program, a participating soldier could receive up to $3,000 in bonus payments for referring another individual to join.   Based on certain milestones achieved by the referred soldier, a participating soldier would receive payment through direct deposit into the participating soldier’s designated bank account.   To participate in the program, soldiers were required to create online recruiting assistant accounts.

Antoine and Millien both admitted they paid Army National Guard recruiters for the names and Social Security numbers of potential Army National Guard soldiers.   They used the personal identifying information for these potential soldiers to claim that they were responsible for referring these potential soldiers to join the Army National Guard, when in fact they had not referred them.   As a result of these fraudulent representations, Antoine and Millien collected approximately $17,000 and at least $12,500 in fraudulent bonuses, respectively.

The charge of bribery carries a maximum penalty of 15 years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss.   The charge of conspiracy carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss.

Antoine and Millien are scheduled to be sentenced before U.S. District Judge Lee H. Rosenthal of the Southern District of Texas on June 24, 2014.

These cases are being investigated by Special Agents from the San Antonio Fraud Resident Agency of Army Criminal Investigation Command’s Major Procurement Fraud Unit.  The cases are being prosecuted by Trial Attorneys Sean F. Mulryne, Mark J. Cipolletti and Heidi Boutros Gesch of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney John Pearson of the Southern District of Texas.

Wetlands and Wonder

U.S. LABOR DEPARTMENT SAYS ALMOST $250 MILLION BACK WAGES RECOVERED FOR WORKERS IN FISCAL 2013

FROM:  U.S. LABOR DEPARTMENT 
A Quarter Billion Dollars in Back Wages

In fiscal year 2013, the Wage and Hour Division recovered nearly a quarter of a billion dollars in back wages for workers around the country whose employers improperly denied them pay they had earned. The cases processed during that 12-month period benefited more than 269,250 workers who recouped $249,954,412 in back wages. Nearly a third of that money was secured for low-wage workers. "Employers who commit minimum wage, overtime and other wage violations deny workers their full hard-earned income, and we are committed to ensuring that the money is in the hands of those who worked for it," said Laura Fortman, principal deputy administrator for the Wage and Hour Division. "That's money that they will spend on the rent, on transportation, to put food on the table, and to buy clothes for their kids." Since the beginning of 2009, the Wage and Hour Division has closed 145,884 cases nationwide, resulting in more than a billion dollars in back wages for 1,238,589 workers.

Soaring Over Titan: Extraterrestrial Land of Lakes

RECENT U.S. ARMY PHOTOS FROM AFGHANISTAN




FROM:  U.S. ARMY 
As seen through a night-vision device, a U.S. Army AH-64 Apache helicopter departs Forward Operating Base Shank to conduct a security and reconnaissance mission over Logar province, Afghanistan, Dec. 4, 2013. The helicopter crew is assigned to the 2nd Battalion Assault, 10th Combat Aviation Brigade. U.S. Army photo by Capt Peter Smedberg. 131204




As seen through a night-vision device, a U.S. Army HH-60M Black Hawk helicopter makes its approach into the forward arming and refueling point on Forward Operating Base Shank after completing a medical evacuation mission over Afghanistan, Dec. 4, 2013. The helicopter crew is assigned to the 10th Combat Aviation Brigade. U.S. Army photo by Capt Peter Smedberg -

CALIFORNIA COMPANY AND PRINCIPAL CHARGED WITH COMMODITY POOL FRAUD AND MISAPPROPRIATION

FROM:  U.S. COMMODITY FUTURES TRADING COMMISSION 
CFTC Charges Direct Investment Products, Inc. and Its Principal, Alexander Glytenko, with Commodity Pool Fraud and Misappropriation

Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) filed a civil enforcement action charging Carlsbad, California-based Direct Investment Products, Inc. (DIP) and its principal, Alexander Glytenko, with fraudulently soliciting approximately $3.9 million from approximately 761 individuals residing in Russia and various former republics of the former Soviet Union to trade futures, among other products, through a commodity pool known as DIP Capital Partners (the Pool) and misappropriating at least $464,000 of the pool participant funds.

The CFTC Complaint alleges that, from approximately 2005 until approximately 2010, the Defendants, either directly or through their agents, knowingly misrepresented the Pool’s performance history to both prospective and actual participants by a) presenting profitable performance figures for various of the Pool’s funds for years in which they knew the Pool did not exist, b) presenting hypothetical trading performance without labeling it as such, and c) presenting at least two years of profitable performance results for one of the Pool’s funds when, in fact, that fund had experienced losses during those years.

Specifically, the CFTC Complaint alleges, among other things, that, in the course of soliciting prospective participants for the Pool, the Defendants fraudulently claimed that the Pool made annual profits from 2003 through 2008 ranging from 12.60% to 47.20%, and that two of the Pool’s individual funds made annual profits from 2004 through 2008 ranging from 12.01% to 41.12% and 10.16% to 49.79%, respectively. The Complaint also alleges that the Defendants made similarly fraudulent profit claims in statements provided to actual participants, with some showing historical profits going back as far as 2002.

In fact, according to the Complaint, the Pool did not even exist until 2005, the profit figures claimed by the Defendants were not reflective of actual trading, but were based on the hypothetical performance of Defendant’s proprietary trading strategy, and certified financial statements of one of the Pool’s funds showed actual losses in 2007 and 2008.

The Complaint further alleges that in 2009, at a time when the Defendants had imposed a freeze on the withdrawal of participants’ funds as a result of substantial losses incurred by the Pool, Glytenko used participants’ funds to make a loan of $464,000 from DIP to himself. This loan has never been repaid, according to the Complaint.

DIP has been registered with the CFTC as a Commodity Trading Advisor (CTA) and as a Commodity Pool Operator (CPO) since April 2007. Glytenko has been registered as an Associated Person (AP) of DIP since April 2007.

In its continuing litigation, the CFTC seeks civil monetary penalties, restitution, disgorgement of ill-gotten gains, trading and registration bans, and a permanent injunction against further violations of the federal commodities laws, as charged.

CFTC Division of Enforcement staff members responsible for this case are Alan I. Edelman, James H. Holl, III, Michelle Bougas, Dmitriy Vilenskiy, and Gretchen L. Lowe.


FORMER D.C. ACCOUNTANT RECEIVES PRISON SENTENCE FOR TAX FRAUD

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, December 11, 2013

Former Washington, D.C.-Area Accountant Sentenced to Prison for Tax Fraud

The Justice Department and Internal Revenue Service (IRS) announced today that John T. Hoang, of Woodbridge, Va., was sentenced in federal district court in Washington, D.C., for willfully aiding and assisting in the preparation of false income tax returns for the 2004 tax year.  U.S. District Judge Richard J. Leon sentenced Hoang to serve 48 months in prison, 24 months of supervised release and 240 hours of community service.  Judge Leon also ordered him to pay $331,896 in restitution to the IRS.  Hoang previously pled guilty on July 31, 2013.

According to court documents and statements made in court, Hoang was a certified public accountant (CPA) and an attorney.  From January 2005 through April 2007, Hoang operated John T. Hoang CPA, a tax return preparation business,, and was one of two partners who owned Tax-Smart Technology Services.  Hoang operated these businesses from various locations in Washington, D.C., and Fairfax, Va.  In 2008, a federal district court in Virginia barred Hoang from preparing federal tax returns.

As alleged in court documents, in his capacity as a tax return preparer, Hoang prepared and supervised the preparation of client tax returns to be filed with the IRS and various state taxing authorities.  For the tax years 2004, 2005 and 2006, Hoang prepared hundreds of U.S. Individual Income Tax Returns and earned substantial income from his tax preparation activities.  Hoang further received a substantial portion of the refunds issued by the IRS to his clients through his businesses.  Despite earning revenue through his businesses of approximately $1 million in 2004; $2 million in 2005; and $3 million in 2006, Hoang failed to file any federal income tax returns or pay any federal income taxes for himself or his businesses during this time.

Hoang admitted that he prepared and caused the preparation of false and fraudulent 2004, 2005 and 2006 income tax returns for his clients.  When preparing these false tax returns and related schedules for his clients, Hoang created wholly fictitious business income and expenses for what seemed to be a technology licensing business.  The false information resulted in the client-taxpayers reporting fake losses from business activity and receiving either refunds larger than those they were entitled or decreases in the amount of taxes due.  Hoang admitted that the tax loss caused by certain false returns he prepared was greater than $30,000 per return, and that he prepared at least 24 such false returns for the 2004 through 2006 tax years.

As part of the plea agreement, Hoang admitted that the total tax loss caused by his criminal conduct is greater than $1.5 million.
 
The case was investigated by IRS-Criminal Investigation and was prosecuted by Trial Attorneys Jorge Almonte and Jeffrey B. Bender of the Justice Department’s Tax Division.

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