FROM: COMMODITY FUTURES TRADING COMMISSION
CFTC Charges Dallas-based Steven Lyn Scott with Solicitation Fraud, Misappropriation, and Registration Violations in Connection with a Forex Commodity Pool Scheme
Washington, DC The U.S. Commodity Futures Trading Commission (CFTC) filed an enforcement action March 19, 2014 against Defendant Steven Lyn Scott (a/k/a Stevon Lyn Scott) of Dallas, Texas, charging him with solicitation fraud, misappropriation of customer funds, and registration violations in connection with operating a fraudulent commodity pool scheme.
According to the CFTC Complaint, from at least January 5, 2009 and through at least March 30, 2011, Scott fraudulently solicited at least $1,146,000 from at least 43 pool participants to participate in pooled investment vehicles to trade in off-exchange agreements, contracts, or transactions in foreign currency (forex) on a leveraged or margined basis. Scott, directly and by word of mouth, allegedly solicited pool participants located in Texas and solicited at least some pool participants by email. Pool participants allegedly included Scott’s friends, family members, and other members of the general public.
Specifically, according to the Complaint, Scott solicited pool participants to participate in pooled investment vehicles in the name of an entity he owned and controlled, Stewardship Financial Exchange, Inc. In his solicitations, Scott allegedly guaranteed monthly returns between two percent and five percent to pool participants who entered into six-month contracts, purportedly generating such returns by pooling participants’ funds and trading in off-exchange forex transactions on a leveraged or margined basis.
However, instead of trading pool participants’ funds, Scott initially directly misappropriated 50 percent of pool participants’ funds by depositing their funds into his personal and corporate bank accounts, and then using the funds for personal expenses, the Complaint alleges. Scott then subsequently misappropriated the remaining funds throughout the relevant period by trading them in his personal trading accounts.
In soliciting actual and prospective customers, Scott allegedly omitted material facts, including but not limited to (1) that he failed to trade pool participants’ funds as promised, 2) that he misappropriated pool participants’ funds, (3) that he did not generate the monthly “profits” guaranteed to pool participants, and (4) that he was acting as a Commodity Pool Operator without being registered as such, as required by the Commodity Exchange Act and CFTC Regulations. Scott’s omissions were material and operated as a fraud or deceit upon pool participates, according to the Complaint.
In its continuing litigation against Scott, 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.
The CFTC thanks the Office of the U.S. Attorney for the Northern District of Texas for its assistance in this matter.
CFTC Division of Enforcement staff responsible for this case are Jason Mahoney, Michael Amakor, George Malas, Timothy J. Mulreany, and Paul Hayeck.
Monday, March 24, 2014
VIRTUAL CHARTER SCHOOL ENTERS AGREEMENT TO COMPLY WITH AMERICANS WITH DISABILITY ACT
FROM: U.S. EDUCATION DEPARTMENT
U.S. Department of Education Announces Resolution of South Carolina Virtual Charter Schools Civil Rights Investigation
MARCH 20, 2014
Contact: Press Office, (202) 401-1576, press@ed.gov
The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into an agreement with South Carolina Charter School District to ensure compliance with Section 504 of the Rehabilitation Act of 1972 and Title II of the Americans with Disabilities Act for students with disabilities in the District.
OCR initiated a compliance review in 2013 to assess whether the seven Internet-based public charter schools that serve more than 8,700 students who live throughout the state of South Carolina provide equal access to persons with disabilities, including students and parents. Specifically, OCR's investigation sought to determine whether persons with disabilities had an equal opportunity to access each school's website and online learning environment.
"All persons—with and without disabilities—must be able to obtain school information on a full, equal and independent basis. This agreement will ensure that persons with disabilities are afforded equal access to the District's internet-based public charter schools and any future District schools that will provide all or a portion of instruction via the internet," said Catherine E. Lhamon, Assistant Secretary for Civil Rights. "I commend the South Carolina Charter School District for addressing these issues as part of its agreement with OCR."
OCR determined that the schools' websites and online learning environments were not readily accessible to persons with disabilities, including those who required assistive technology to access the Internet. The most frequent concerns were lack of alternative text attributes on buttons, especially on video controls; lack of synchronized captioning; inaccessible PDFs; and animations that were not fully labeled. Additionally, some materials provided by third party vendors were inaccessible. These problems prevent persons with disabilities, particularly those with visual, hearing, or manual impairments, or who otherwise require the use of assistive technology to access the website or the online learning environment in an equally effective and equally integrated manner as persons without a disability.
South Carolina Charter School District is the local educational agency for 24 charter schools in South Carolina. Seven of these schools are Internet-based and deliver instruction completely online. These schools include Palmetto State e-Cademy, Provost Academy South Carolina, South Carolina Virtual Charter School, South Carolina Calvert Academy, South Carolina Connections Academy, South Carolina Whitmore School, and Cyber Academy of South Carolina.
Under the agreement, the District will ensure that all websites and on-line learning environments are accessible to persons with disabilities, including those who use assistive technology to access the internet. The agreement provides that:
The District will create a web accessibility committee to direct resources and provide technical assistance as schools work to ensure web accessibility.
The District will develop and implement an accessibility policy that requires all schools that provide instruction via the internet to be readily accessible and useable.
Each school will develop and implement a detailed accessibility plan to ensure that all programs and activities meet the standards in the accessibility policy, including recruiting material, online textbooks, mobile applications, testing, resources for parent/guardians, and audio and video recording recasts.
Each school will regularly complete an accessibility report that measures the school's compliance with the accessibility policy and will submit audit reports annually that describe steps taken to maintain the website's accessibility, as well as steps taken to ensure that new programs and content are accessible.
The District will develop and provide training on how to ensure accessible web design and implementation.
The District will certify to OCR that the District meets the requirements of the accessibility policy.
OCR will closely monitor the District's implementation of the agreement.
U.S. Department of Education Announces Resolution of South Carolina Virtual Charter Schools Civil Rights Investigation
MARCH 20, 2014
Contact: Press Office, (202) 401-1576, press@ed.gov
The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into an agreement with South Carolina Charter School District to ensure compliance with Section 504 of the Rehabilitation Act of 1972 and Title II of the Americans with Disabilities Act for students with disabilities in the District.
OCR initiated a compliance review in 2013 to assess whether the seven Internet-based public charter schools that serve more than 8,700 students who live throughout the state of South Carolina provide equal access to persons with disabilities, including students and parents. Specifically, OCR's investigation sought to determine whether persons with disabilities had an equal opportunity to access each school's website and online learning environment.
"All persons—with and without disabilities—must be able to obtain school information on a full, equal and independent basis. This agreement will ensure that persons with disabilities are afforded equal access to the District's internet-based public charter schools and any future District schools that will provide all or a portion of instruction via the internet," said Catherine E. Lhamon, Assistant Secretary for Civil Rights. "I commend the South Carolina Charter School District for addressing these issues as part of its agreement with OCR."
OCR determined that the schools' websites and online learning environments were not readily accessible to persons with disabilities, including those who required assistive technology to access the Internet. The most frequent concerns were lack of alternative text attributes on buttons, especially on video controls; lack of synchronized captioning; inaccessible PDFs; and animations that were not fully labeled. Additionally, some materials provided by third party vendors were inaccessible. These problems prevent persons with disabilities, particularly those with visual, hearing, or manual impairments, or who otherwise require the use of assistive technology to access the website or the online learning environment in an equally effective and equally integrated manner as persons without a disability.
South Carolina Charter School District is the local educational agency for 24 charter schools in South Carolina. Seven of these schools are Internet-based and deliver instruction completely online. These schools include Palmetto State e-Cademy, Provost Academy South Carolina, South Carolina Virtual Charter School, South Carolina Calvert Academy, South Carolina Connections Academy, South Carolina Whitmore School, and Cyber Academy of South Carolina.
Under the agreement, the District will ensure that all websites and on-line learning environments are accessible to persons with disabilities, including those who use assistive technology to access the internet. The agreement provides that:
The District will create a web accessibility committee to direct resources and provide technical assistance as schools work to ensure web accessibility.
The District will develop and implement an accessibility policy that requires all schools that provide instruction via the internet to be readily accessible and useable.
Each school will develop and implement a detailed accessibility plan to ensure that all programs and activities meet the standards in the accessibility policy, including recruiting material, online textbooks, mobile applications, testing, resources for parent/guardians, and audio and video recording recasts.
Each school will regularly complete an accessibility report that measures the school's compliance with the accessibility policy and will submit audit reports annually that describe steps taken to maintain the website's accessibility, as well as steps taken to ensure that new programs and content are accessible.
The District will develop and provide training on how to ensure accessible web design and implementation.
The District will certify to OCR that the District meets the requirements of the accessibility policy.
OCR will closely monitor the District's implementation of the agreement.
STEMGenetics CURRICULUM WOKRS TO IMPROVE STUDENTS' UNDERSTANDING OF RELEVANCE OF GENETICS
Hooked on STEMGenetics
Genetics curriculum blends teacher-led discussion, online learning and hands-on activities
The study of genetics may not be typical in a fifth-grade classroom. But fifth-, seventh- and ninth-graders are benefiting from an innovative curriculum that combines teacher-led discussion, online learning and hands-on activities to broaden students' understanding of how genetic information moves from one generation to the next.
STEMGenetics was developed by Michelle Williams, an associate professor of science education at Michigan State University and Angela DeBarger, a senior research scientist at SRI International.
Now in the third year of a five-year National Science Foundation (NSF) grant, STEMGenetics focuses on familiarizing students with grade appropriate genetics concepts, assessing their grasp of the concepts and providing professional development for teachers involved in the program.
Williams says she and DeBarger chose genetics because "it's an important topic to society and is personally relevant to people in their everyday lives, even young children." She adds that when it comes to genetics "many students have an array of ideas that are not scientifically accurate. By starting early on, we have an opportunity to build a more coherent understanding of the subject."
The project currently serves almost 2,000 students in nine schools in East Lansing, Mich., and Cedar Hills, Texas.
Over five weeks, each grade tackles a series of "motivating questions" such as "How do plants in the same species vary?" or "How do we breed rice plants for high nutrition?" As teachers guide students through the material, they introduce hands-on activities such as planting seeds and crossing different parent plants.
"These activities stimulate a lot of great conversation," says veteran teacher Rob Voigt. Much of the discussion grows from students making predictions and drawing conclusions about genetic information.
To support classroom concepts, students also engage in online modules that may include a story related to the topic, short videos and interactive sections in which students examine data, reflect on it and input their responses in drop-down dialog boxes. Animal and plant breeding simulations help students visualize how genetic information combines to produce various types of offspring.
"This project demonstrates the value of bringing tools of scientific research to younger students," said NSF Program Director Julia Clark. "Having the opportunity to engage in scientific thinking builds a great foundation for future study."
Collaborating on a curriculum
Developing the STEMGenetics content and supporting technology took a small village of scientists, teachers, technology developers and assessment experts. DeBarger and Williams co-designed the units with teachers from different schools and across grade levels. "We had content experts and mentor teachers look at the learning goals to decide which ones are learned best through an interactive model and which processes are appropriate to learn," says Williams. The teams then developed storyboards to convey the concepts so that programmers at SRI could build the simulations and other visuals for the units.
To package their material, Williams and DeBarger wanted a tool that would bring content to the classroom in a unique and effective way. They turned to the web-based inquiry science environment (WISE) developed at the University of California, Berkeley by Williams' former doctoral mentor Marcia Linn. Specifically designed to promote critical thinking skills, WISE has software tools to help students make and justify predictions, describe observations and develop conclusions supported with evidence.
"Students gain experience constructing a good argument and supporting it," says Williams. "A skill," she points out, "that is crucial not only in science, but across disciplines."
The reflection and writing opportunities also act as an assessment so that teachers can monitor student progress. Based on the answers students provide, teachers can encourage the class to think more deeply about a concept or adjust a lesson if students are struggling with a concept. Teachers track lesson adjustments and supply that information to Williams and DeBarger.
"We get data back each year from the teachers and refine the units over the summer," says DeBarger.
Supporting teachers
While technology enhances classroom activities, supporting teachers as they present scientific concepts is essential to the program.
"Teaching is a profession like medicine, and teachers like doctors must be constantly learning," says Amal Ibourk, a graduate student researcher with STEMGenetics. To assist teachers, STEMGenetics offers a robust professional development program that includes a summer workshop, after-school meetings to discuss program nuances, faculty mentors and co-teaching.
"Our goal is to help teachers build scientific practices and model them to the students," says Ibourk, herself a teacher. These practices include thinking deeply about a passage or critically about data. "If you start at a young age, these practices become a skill."
Fostering lifelong science learning
One of STEMGenetics' strengths is its ability to get students to link ideas in the real world with those in science.
"We want to encourage students to continue linking ideas in life with ideas in science," says Linn. "The goal is for everybody to keep learning science." However, achieving this goal is complicated as Linn notes, because "it's fairly common for people to stop learning science."
As the project moves forward, Williams and DeBarger will focus on two key directions: downward and outward. The team wants to apply what they've learned with middle- and high-school students to students in kindergarten through fourth grade.
"So much that goes on in K-4 helps prepare them for the upper grades," Williams says. "We have a nice opportunity to go downward and enhance other areas of biology."
To raise awareness among policymakers, Williams has been meeting with both state and federal legislators, encouraging them to visit classrooms and see how students and teachers are engaging in science.
"Getting people in the classroom really changes their view about science," says Linn. Adds Williams, "I really want policymakers to see kids excited [about science] and to interact with them. It's crucial to invest in children early on, not just in high school."
Williams' enthusiasm is contagious. When U.S. Sen. Debbie Stabenow (D-Mich.) visited Rob Voigt's fifth-grade classroom at Glencairn Elementary in East Lansing, Mich., she didn't want to leave. The students brimmed with exuberance as they engaged her in a genetics lesson. The same energetic scene played out again in Texas when Reps. Eddie Bernice Johnson (D-Texas) and Mark Veasey (D-Texas) visited West Intermediate in the Cedar Hill School District.
-- Maria Zacharias,
-- Susan Reiss
Investigators
Angela DeBarger
LaTonya Williams
Related Institutions/Organizations
SRI International
Michigan State University
University of California, Berkeley
Genetics curriculum blends teacher-led discussion, online learning and hands-on activities
The study of genetics may not be typical in a fifth-grade classroom. But fifth-, seventh- and ninth-graders are benefiting from an innovative curriculum that combines teacher-led discussion, online learning and hands-on activities to broaden students' understanding of how genetic information moves from one generation to the next.
STEMGenetics was developed by Michelle Williams, an associate professor of science education at Michigan State University and Angela DeBarger, a senior research scientist at SRI International.
Now in the third year of a five-year National Science Foundation (NSF) grant, STEMGenetics focuses on familiarizing students with grade appropriate genetics concepts, assessing their grasp of the concepts and providing professional development for teachers involved in the program.
Williams says she and DeBarger chose genetics because "it's an important topic to society and is personally relevant to people in their everyday lives, even young children." She adds that when it comes to genetics "many students have an array of ideas that are not scientifically accurate. By starting early on, we have an opportunity to build a more coherent understanding of the subject."
The project currently serves almost 2,000 students in nine schools in East Lansing, Mich., and Cedar Hills, Texas.
Over five weeks, each grade tackles a series of "motivating questions" such as "How do plants in the same species vary?" or "How do we breed rice plants for high nutrition?" As teachers guide students through the material, they introduce hands-on activities such as planting seeds and crossing different parent plants.
"These activities stimulate a lot of great conversation," says veteran teacher Rob Voigt. Much of the discussion grows from students making predictions and drawing conclusions about genetic information.
To support classroom concepts, students also engage in online modules that may include a story related to the topic, short videos and interactive sections in which students examine data, reflect on it and input their responses in drop-down dialog boxes. Animal and plant breeding simulations help students visualize how genetic information combines to produce various types of offspring.
"This project demonstrates the value of bringing tools of scientific research to younger students," said NSF Program Director Julia Clark. "Having the opportunity to engage in scientific thinking builds a great foundation for future study."
Collaborating on a curriculum
Developing the STEMGenetics content and supporting technology took a small village of scientists, teachers, technology developers and assessment experts. DeBarger and Williams co-designed the units with teachers from different schools and across grade levels. "We had content experts and mentor teachers look at the learning goals to decide which ones are learned best through an interactive model and which processes are appropriate to learn," says Williams. The teams then developed storyboards to convey the concepts so that programmers at SRI could build the simulations and other visuals for the units.
To package their material, Williams and DeBarger wanted a tool that would bring content to the classroom in a unique and effective way. They turned to the web-based inquiry science environment (WISE) developed at the University of California, Berkeley by Williams' former doctoral mentor Marcia Linn. Specifically designed to promote critical thinking skills, WISE has software tools to help students make and justify predictions, describe observations and develop conclusions supported with evidence.
"Students gain experience constructing a good argument and supporting it," says Williams. "A skill," she points out, "that is crucial not only in science, but across disciplines."
The reflection and writing opportunities also act as an assessment so that teachers can monitor student progress. Based on the answers students provide, teachers can encourage the class to think more deeply about a concept or adjust a lesson if students are struggling with a concept. Teachers track lesson adjustments and supply that information to Williams and DeBarger.
"We get data back each year from the teachers and refine the units over the summer," says DeBarger.
Supporting teachers
While technology enhances classroom activities, supporting teachers as they present scientific concepts is essential to the program.
"Teaching is a profession like medicine, and teachers like doctors must be constantly learning," says Amal Ibourk, a graduate student researcher with STEMGenetics. To assist teachers, STEMGenetics offers a robust professional development program that includes a summer workshop, after-school meetings to discuss program nuances, faculty mentors and co-teaching.
"Our goal is to help teachers build scientific practices and model them to the students," says Ibourk, herself a teacher. These practices include thinking deeply about a passage or critically about data. "If you start at a young age, these practices become a skill."
Fostering lifelong science learning
One of STEMGenetics' strengths is its ability to get students to link ideas in the real world with those in science.
"We want to encourage students to continue linking ideas in life with ideas in science," says Linn. "The goal is for everybody to keep learning science." However, achieving this goal is complicated as Linn notes, because "it's fairly common for people to stop learning science."
As the project moves forward, Williams and DeBarger will focus on two key directions: downward and outward. The team wants to apply what they've learned with middle- and high-school students to students in kindergarten through fourth grade.
"So much that goes on in K-4 helps prepare them for the upper grades," Williams says. "We have a nice opportunity to go downward and enhance other areas of biology."
To raise awareness among policymakers, Williams has been meeting with both state and federal legislators, encouraging them to visit classrooms and see how students and teachers are engaging in science.
"Getting people in the classroom really changes their view about science," says Linn. Adds Williams, "I really want policymakers to see kids excited [about science] and to interact with them. It's crucial to invest in children early on, not just in high school."
Williams' enthusiasm is contagious. When U.S. Sen. Debbie Stabenow (D-Mich.) visited Rob Voigt's fifth-grade classroom at Glencairn Elementary in East Lansing, Mich., she didn't want to leave. The students brimmed with exuberance as they engaged her in a genetics lesson. The same energetic scene played out again in Texas when Reps. Eddie Bernice Johnson (D-Texas) and Mark Veasey (D-Texas) visited West Intermediate in the Cedar Hill School District.
-- Maria Zacharias,
-- Susan Reiss
Investigators
Angela DeBarger
LaTonya Williams
Related Institutions/Organizations
SRI International
Michigan State University
University of California, Berkeley
Sunday, March 23, 2014
GLOBAL CONTRACTOR PLEADS GUILTY TO CONSPIRACY TO DEFRAUD THE U.S. NAVY
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, March 18, 2014
Former Employee of Navy Contractor Pleads Guilty in International Navy Bribery Scandal
Alex Wisidagama, a citizen of Singapore formerly employed by Glenn Defense Marine Asia (GDMA), pleaded guilty today to one count of conspiracy to defraud the United States for his role in a scheme to overbill the U.S. Navy for ship husbanding services. Wisidagama’s plea is the second in an expanding investigation into acts of alleged fraud and bribery committed by GDMA and several United States Navy officers and personnel.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Laura E. Duffy of the Southern District of California, Director Andrew Traver of the Naval Criminal Investigative Service (NCIS) and Deputy Inspector General for Investigations James B. Burch of the U.S. Department of Defense Office of the Inspector General made the announcement after the plea was accepted by U.S. Magistrate Judge Jan M. Adler of the Southern District of California. The plea is subject to acceptance by U.S. District Judge Janis Sammartino. Sentencing is set for June 13, 2014, before Judge Sammartino.
Wisidagama, who was arrested in San Diego, Calif., on Sept. 16, 2013, served as the general manager of global government contracts for GDMA, which was owned and operated by his cousin, Leonard Glenn Francis . GDMA was a multi-national corporation with headquarters in Singapore and operating locations in other countries, including Japan, Thailand, Malaysia, Korea, India, Hong Kong, Indonesia, Australia, Philippines, Sri Lanka and the United States. GDMA provided the U.S. Navy with hundreds of millions of dollars in husbanding services, which involve the coordinating, scheduling and procurement of items and services required by ships and submarines when they arrive at port. These services included providing tugboats; paying port authority and customs fees; furnishing security and transportation; supplying provisions, fuel and water; and removing trash and collecting liquid waste.
In his plea agreement, Wisidagama admitted to conspiring to defraud the U.S. Navy in different ways. Wisidagama and other GDMA employees generated bills charging the U.S. Navy for port tariffs that were far greater than the tariffs that GDMA actually paid. In some cases, Wisidagama and others created fictitious port authorities for ports visited by U.S. Navy ships, and in other cases, Wisidagama and GDMA created fake invoices from legitimate port authorities purporting to bill the U.S. Navy at inflated tariff rates. Wisidagama and GDMA also overbilled the U.S. Navy for fuel by creating fraudulent invoices which represented that GDMA acquired fuel at the same cost that it charged the U.S. Navy when in fact GDMA sold the fuel to the U.S. Navy for far more than it actually paid. Wisidagama and GDMA also defrauded the U.S. Navy on the provision of incidental items by creating fake price quotes purportedly from other vendors to make it appear that the other vendors’ offering prices were greater than GDMA’s prices.
Wisidagama is the second defendant to plead guilty as part of this investigation. On Dec. 17, 2013, former NCIS Supervisory Special Agent John Bertrand Beliveau Jr. pleaded guilty to conspiracy to commit bribery after admitting to providing Francis with sensitive law enforcement information in exchange for things of value such as cash, travel accommodations, lavish dinners, and prostitutes. In addition to Beliveau and Wisidagama, Francis and U.S. Navy Commanders Michael Vannak Khem Misiewicz and Jose Luis Sanchez have been charged as part of a bribery and fraud scheme designed to defraud the U.S. Navy. The charges against Misiewicz, Sanchez and Francis are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The ongoing investigation is being conducted by NCIS, the Defense Criminal Investigative Service and the Defense Contract Audit Agency. Significant assistance was provided by the Criminal Division’s Office of International Affairs, as well as the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Royal Thai Police and the Corrupt Practices Investigation Bureau in Singapore.
The case is being prosecuted by Assistant U.S. Attorneys Mark Pletcher and Robert Huie of the Southern District of California, Director of Procurement Fraud Catherine Votaw and Trial Attorney Brian Young of the Criminal Division’s Fraud Section, and Trial Attorney Wade Weems, on detail to the Fraud Section from the Special Inspector General for Afghan Reconstruction.
Tuesday, March 18, 2014
Former Employee of Navy Contractor Pleads Guilty in International Navy Bribery Scandal
Alex Wisidagama, a citizen of Singapore formerly employed by Glenn Defense Marine Asia (GDMA), pleaded guilty today to one count of conspiracy to defraud the United States for his role in a scheme to overbill the U.S. Navy for ship husbanding services. Wisidagama’s plea is the second in an expanding investigation into acts of alleged fraud and bribery committed by GDMA and several United States Navy officers and personnel.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Laura E. Duffy of the Southern District of California, Director Andrew Traver of the Naval Criminal Investigative Service (NCIS) and Deputy Inspector General for Investigations James B. Burch of the U.S. Department of Defense Office of the Inspector General made the announcement after the plea was accepted by U.S. Magistrate Judge Jan M. Adler of the Southern District of California. The plea is subject to acceptance by U.S. District Judge Janis Sammartino. Sentencing is set for June 13, 2014, before Judge Sammartino.
Wisidagama, who was arrested in San Diego, Calif., on Sept. 16, 2013, served as the general manager of global government contracts for GDMA, which was owned and operated by his cousin, Leonard Glenn Francis . GDMA was a multi-national corporation with headquarters in Singapore and operating locations in other countries, including Japan, Thailand, Malaysia, Korea, India, Hong Kong, Indonesia, Australia, Philippines, Sri Lanka and the United States. GDMA provided the U.S. Navy with hundreds of millions of dollars in husbanding services, which involve the coordinating, scheduling and procurement of items and services required by ships and submarines when they arrive at port. These services included providing tugboats; paying port authority and customs fees; furnishing security and transportation; supplying provisions, fuel and water; and removing trash and collecting liquid waste.
In his plea agreement, Wisidagama admitted to conspiring to defraud the U.S. Navy in different ways. Wisidagama and other GDMA employees generated bills charging the U.S. Navy for port tariffs that were far greater than the tariffs that GDMA actually paid. In some cases, Wisidagama and others created fictitious port authorities for ports visited by U.S. Navy ships, and in other cases, Wisidagama and GDMA created fake invoices from legitimate port authorities purporting to bill the U.S. Navy at inflated tariff rates. Wisidagama and GDMA also overbilled the U.S. Navy for fuel by creating fraudulent invoices which represented that GDMA acquired fuel at the same cost that it charged the U.S. Navy when in fact GDMA sold the fuel to the U.S. Navy for far more than it actually paid. Wisidagama and GDMA also defrauded the U.S. Navy on the provision of incidental items by creating fake price quotes purportedly from other vendors to make it appear that the other vendors’ offering prices were greater than GDMA’s prices.
Wisidagama is the second defendant to plead guilty as part of this investigation. On Dec. 17, 2013, former NCIS Supervisory Special Agent John Bertrand Beliveau Jr. pleaded guilty to conspiracy to commit bribery after admitting to providing Francis with sensitive law enforcement information in exchange for things of value such as cash, travel accommodations, lavish dinners, and prostitutes. In addition to Beliveau and Wisidagama, Francis and U.S. Navy Commanders Michael Vannak Khem Misiewicz and Jose Luis Sanchez have been charged as part of a bribery and fraud scheme designed to defraud the U.S. Navy. The charges against Misiewicz, Sanchez and Francis are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The ongoing investigation is being conducted by NCIS, the Defense Criminal Investigative Service and the Defense Contract Audit Agency. Significant assistance was provided by the Criminal Division’s Office of International Affairs, as well as the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Royal Thai Police and the Corrupt Practices Investigation Bureau in Singapore.
The case is being prosecuted by Assistant U.S. Attorneys Mark Pletcher and Robert Huie of the Southern District of California, Director of Procurement Fraud Catherine Votaw and Trial Attorney Brian Young of the Criminal Division’s Fraud Section, and Trial Attorney Wade Weems, on detail to the Fraud Section from the Special Inspector General for Afghan Reconstruction.
PRESIDENT OBAMA'S STATEMENT ON FOURTH YEAR ANNIVERSARY OF AFFORDABLE CARE ACT
FROM: THE WHITE HOUSE
Statement by the President on the Fourth Anniversary of the Affordable Care Act
Since I signed the Affordable Care Act into law, the share of Americans with insurance is up, and the growth of health care costs is down, to its slowest rate in fifty years – two of the most promising developments for our middle class and our fiscal future in a long time.
More Americans with insurance have gained new benefits and protections – the 100 million Americans who’ve gained the right to free preventive care like mammograms and contraception, the eight million seniors who’ve saved thousands of dollars on their prescription drugs, and the untold number of families who won’t be driven into bankruptcy by out-of-pocket costs, because this law prevents insurers from placing dollar limits on the care you can receive.
More Americans without insurance have gained coverage. Over the past four years, over three million young Americans have been able to stay on their family plans. And over the past five and a half months alone, more than five million Americans have signed up to buy private health insurance plans on HealthCare.gov – plans that can no longer discriminate against preexisting conditions or charge you more just because you’re a woman or a cancer survivor – and millions more have enrolled in Medicaid.
It is these numbers, and the stories behind each one of them, that will ultimately determine the fate of this law. It is the measurable outcomes – in savings for families and businesses, healthier kids with better performance in schools, seniors with more money to spend because they’re paying less for their medicine, and young entrepreneurs who’ll have the freedom to try new jobs or chase that new idea – that will ultimately offer more security and peace of mind to more Americans who work hard to get ahead.
Last month, after her first wellness visit under her new insurance plan, a woman from Colorado shared with me what that peace of mind meant to her. “After using my new insurance for the first time, you probably heard my sigh of relief from the White House,” she wrote. “I felt like a human being again. I felt that I had value.”
This is what’s at stake any time anyone, out of some outdated obsession, pledges to repeal or undermine the Affordable Care Act. And that’s why my administration will spend the fifth year of this law and beyond working to implement and improve on it.
If you’re an American who wants to get covered – or if you know someone who should – it’s now last call for 2014. March 31st is the deadline to get covered this year. So check out HealthCare.gov or call 1-800-318-2596 to see what new choices are available to you, and get covered today.
CFTC COMMISSION O'MALIA'S SPEAKS ABOUT FINANCIALIZATION OF COMMODITY MARKETS
FROM: COMMODITY FUTURES TRADING COMMISSION
Keynote Address by Commissioner Scott D. O’Malia, 2014 Bank of Canada International Economic Analysis Workshop on Financialization of Commodity Markets
Impact of the Dodd-Frank Act on Commodity Futures and Swaps Markets
March 21, 2014
I want to thank Bahattin for inviting me to speak at this workshop. The topic of today’s workshop is “Financialization of Commodity Markets.” As we all know, commodity prices have experienced an unprecedented rise from the early 2000s. During this time, investors poured large amounts of investment capital into the commodity markets. As such, there has been much written about whether the increased presence of financial investors in the commodity markets led to higher commodity prices and volatility, the so-called “financialization of commodities” debate. Many of today’s distinguished panelists have and will offer their insights on speculative activity in the commodity markets and its relationship to the financialization of these markets.
I would like to use this speech to frame the discussion of the impact of the Dodd-Frank Act and Commission regulations on commercial end-users who have historically used the commodity futures and swaps markets for risk mitigation and hedging. In this regard, I will first discuss the importance of hedging in the commodity markets, especially given volatile commodity prices. Next, I will discuss the impact that Dodd-Frank and Commission reforms have had on hedging in the commodity markets, including the “futurization” of swaps. I will then discuss the potential impact on hedging of upcoming Commission rulemakings. Finally, I will touch on the importance of the Commission’s utilization of data in its oversight of the commodity markets.
Importance of Hedging in the Commodity Markets
It is important to remember that the futures markets originated as a way for buyers and sellers to hedge price risk in the grain markets.1 Today, notwithstanding investor participants in the commodity markets, participants from producers to manufacturers to commercial end-users continue to rely on the futures and swaps markets in order to hedge their commodity price risk, which is essential in order to operate, invest, and grow their businesses.
As we all know, commodity prices are not static. A good example of this price risk is natural gas. Even with the boom in natural gas production,2 this long and harsh winter reminds us that increased demand and supply disruptions can result in regional price spikes despite what seems to be an endless supply of natural gas. For example, the extreme cold temperatures this winter greatly increased demand and impacted production, storage, and transportation supplies for natural gas, causing cash prices in the Northeastern U.S. to hit record levels in late January.3 Chart 1 shows that ICE day-ahead cash prices for Northeast natural gas spiked to over $120 per million British thermal units at the end of January before falling back to more reasonable levels. The March – April natural gas spread has been similarly volatile this winter as shown in Chart 2. This spread widened to $1.208 on February 20 before narrowing. Given the increased demand and supply issues for natural gas, storage levels of natural gas are the lowest in 11 years as shown in Chart 3. As of March 7, working gas in storage was 49 percent below last year’s level and 46 percent below the five-year average.
Weather also brought the worst drought in decades to Brazil this winter, causing coffee crop losses of up to 30 percent.4 May coffee futures peaked at $2.0975 a pound on March 12, the highest level since February 2012.5 Weather is not the only factor that can cause volatility in commodity prices. The PED6 virus, which has killed an estimated 5 million pigs in the U.S,7 has sent lean hog futures prices to record highs.8 Even the Crimean conflict contributed to increased wheat and corn prices this month.9
Given the volatility in commodity prices, hedging is an important function in the commodity markets so that participants can efficiently operate their businesses. Chart 4 provides an example of a potential consequence when a business does not hedge its exposure.10 Unfortunately, in this example, Clean Currents closed its business because this past winter’s “extreme weather … sent the wholesale electricity market into unchartered territories” and Clean Currents did not hedge this exposure.11 In this regard, the Commission must be mindful of the impact of its rules on the cost of hedging for end-users so that they are able to engage in legitimate hedging activities. I will next discuss the impact of the Commission’s swaps rules on hedging in the commodity markets.
Dodd-Frank Impact on the Commodity Markets
As you know, over the past several years the Commission has been busy implementing the Dodd-Frank Act. The Commission has completed 68 final rulemakings and 8 exemptive orders and the Commission staff has issued approximately 172 no-action relief letters and 34 guidance and advisories. The Commission now has 98 provisionally registered swap dealers, 19 temporarily registered swap execution facilities, and 4 provisionally registered swap data repositories. In a rush to complete the rulemaking process, the Commission preferred speed over precision. As a result, the Commission’s swaps rules have introduced unnecessary complexity, vagueness, and costs into the markets, including the commodity markets. These consequences have, in certain instances, led some hedgers to seek out alternatives, such as swap futures. This trend is commonly referred to as the “futurization of swaps.”
On October 12, 2012, the joint CFTC-SEC rule defining the term “swap” became effective,12 which triggered compliance requirements for a number of Commission swaps regulations. To avoid compliance with burdensome and costly swaps regulations, customers of both CME and ICE demanded that the commodity markets move to listed futures instead of swaps. In response, on October 15, 2012, ICE converted its cleared energy swaps into futures and CME began listing energy futures contracts.
Following this shift, CME Group and Eris Exchange launched interest rate swap futures in December 2012.13 Singapore Exchange began offering commodity futures for trading in April 2013.14 ICE launched credit index futures in June 2013.15 Earlier this year, Greenwich Associates noted that “a clear trend exists towards growing demand for FX futures in lieu of traditionally bilateral FX derivatives.”16 Market participants have cited the complexity and cost of complying with the new swaps rules as major drivers to the futures markets.17 Unlike the swaps markets, the futures markets have clear rules and provide market participants with regulatory certainty.
The Commission’s unjustifiably complicated swap dealer definition18 and unjustifiably expensive compliance requirements for market participants that meet this definition is one example of a Commission rule that has pushed market participants to the futures markets. In addition to brokers, many other market participants, including energy, agricultural, and commodity firms have to worry about being subject to this definition. Rather than providing a bright line test for determining whether a market participant is a swap dealer, the rule broadly applies the swap dealer definition to all market participants and then provides some limited conditional relief, but only if participants navigate through the complex set of hedging factors on a trade-by-trade basis and fall below the $8 billion de minimis level.
In a few years, the $8 billion de minimis level will fall to $3 billion if the Commission does not vote to change the threshold. Earlier this month, I asked the Commission staff how many additional entities would have to register as a swap dealer if the de minimis level moved to $3 billion today. The Commission staff could not answer this question. If the Commission cannot determine if an entity falls within the swap dealer definition, how can it expect end-users to navigate this complex rule?
Think about this in another way. If the Commission cannot identify swap dealers, how can it enforce this rule? The Commission’s data rules do not require a market participant to flag a trade as a dealing trade or a hedging trade. So, how will the Commission conduct compliance and oversight of this rule regardless of the de minimis level? I suspect that the Commission will add all trades executed by a market participant and see how close the total is to the de minimis level, and then ask questions to determine whether the economic purpose of each trade was dealing or hedging. This solution will be a nightmare for both the Commission and the end-users.
To provide end-users greater certainty, I propose a modest fix that would allow end-users to exclude all cleared trades from the calculation towards the de minimis threshold. This fix would encourage end-users to clear their trades and would reduce regulatory compliance costs for those end-users who choose to do so.
Moreover, as I noted before, once an entity is subject to the swap dealer definition, the cost of complying with the swap dealer regulations is high. Swap dealers must comply with an array of complex and costly rules in areas such as minimum capital requirements, business conduct, and trade reporting – giving participants a strong incentive to stay away from being labeled as a swap dealer. Participants in the futures markets do not have to comply with such onerous rules.
The downside of futurization for participants in the commodity markets is reduced hedging flexibility because futures contracts, unlike swaps, cannot be individually tailored to meet specific risk needs. Given the volatility of prices in the commodity markets, and the different needs, risks, time horizons, and incentives for end-users in these markets, customized hedging is especially important.19 Because of the Commission’s rules, these participants will have to accept imperfect hedges, endure the higher cost of swaps, or forego hedging all together. All of these alternatives are unacceptable.
For example, smaller natural gas producers rely on customized hedging solutions to mitigate their exposure to volatile natural gas prices, which enables them to invest in their drilling programs.20 There are more than 120 natural gas delivery locations in the U.S., which can vary significantly from the Henry Hub benchmark price traded on exchanges.21 In addition, producers may need the flexibility to enter into long-dated hedges; however, approximately 80% of Henry Hub futures volume is traded within a two-year maturation date.22 The lack of delivery locations and liquidity in long-dated hedges in the futures markets requires customized hedging solutions in many cases.23 If end-users are forced to use swap futures because the cost of using swaps is too high, these participants will have a less perfect hedge, which could result in additional risk or reduced capital investment.24
Upcoming Changes to the Commodity Markets
There are several upcoming Commission rulemakings that will impact hedging in the commodity markets. First, the Commission is considering a proposed futures block rule that will limit the availability of block trades, especially for energy futures. Exchanges have facilitated the transition from swaps to futures in the commodity markets by establishing extremely low threshold sizes for block trades in futures contracts. These thresholds are unlikely to stay at these levels with a Commission futures block rule. It remains to be seen how Commission rules would affect futurization in the commodity and other markets and the cost of hedging to end-users.
Second, the OTC margin and capital rules for uncleared swaps will increase the cost of hedging. It is important to note that the effort to establish a margin regime for uncleared swaps is a global effort. In September 2013, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions released their final policy framework on margin requirements for uncleared derivatives.25 These rules will spare end-users from mandatory initial and variation margin exchange. However, banks will be hit with new capital charges to offset the risk posed by OTC trades. Banks will pass these costs on to end-users. The Commission will need to finalize these rules, which will increase the cost of hedging for end-users in the commodity markets.
Third, the Commission staff is working on mandatory clearing determinations for additional interest rate swap contracts and non-deliverable forward (“NDF”) contracts. As I previously mentioned, it appears that there is already growing demand for FX futures in lieu of traditionally bilateral FX derivatives. Only time will tell if mandatory clearing and trading accelerate the move of NDFs to futures. While mandatory clearing for commodity swaps is likely a year or more away, commodity market participants should keep a close eye on clearing and trading in the interest rate, credit default, and NDF markets to determine how commodity markets may react in the future with the advent of mandatory clearing and trading. Commodity market participants should also watch for any impacts on the cost of hedging.
Finally, the position limits re-proposal has the potential to negatively impact end-users legitimate hedging activities. Setting position limits is not an easy task, especially with unusable data as I will discuss next. The Commission is supposed to stop excessive speculation and manipulation, but must also protect the essential price discovery process and hedging function in the markets. Unfortunately, the Commission’s position limits re-proposal may curtail end-users hedging activities as it scales back the bona fide hedging exemption. The current bona fide hedging exemption has been in effect since the 1970s and, from my understanding, has worked well in the markets. In developing a final position limits rule, the Commission must ensure that it does not impact longstanding and legitimate hedging activities.
Commission’s View into the Commodity Markets
I would like to next discuss the importance of the Commission’s utilization of data in its oversight of the commodity markets. Two fundamental goals of the Dodd-Frank Act were to increase the transparency and integrity of the swaps markets. To achieve these goals, Dodd-Frank required market participants to report information about each swap transaction to a swap data repository.26 The Commission promulgated swap data reporting rules and swap dealers began reporting their trades in December 2012.27
As important as data is, the Commission does not have a clear picture into the commodity swaps markets or financial markets, for that matter. Let me be clear. The data is extraordinarily difficult to use and the Commission is not utilizing this data effectively, or as it was intended. Without usable data, the Commission cannot conduct surveillance, set appropriate position limits, or analyze systemic risk in these markets. The swaps data is not merged with futures data and cannot be analyzed together. Despite the fact that market participants trade across markets and across jurisdictions with little effort; the Commission continues to struggle to develop its own oversight capacity, unless the Commission makes this a top priority.
However, I am pleased that the Commission is taking steps to improve the quality and consistency of its data. The Commission’s Technology Advisory Committee, which I chair, started to perform work on data harmonization back in 2011. Based on this effort, the Commission is currently working with the swap data repositories to harmonize the data within the credit asset class and will then move on to the interest rate asset class. Commodities, unfortunately, are well down the road.
In addition, based on my suggestion, the Commission formed a cross-divisional data team in January of this year to identify and fix our data problems. The Commission, based on the data team’s work, this past Wednesday put out for comment approximately 70 questions addressing several swap data reporting issues. Based on the comments and its own self-evaluation of the current reporting regime, the cross-divisional data team will make recommendations to improve swap data reporting to the Commission this summer.
I cannot emphasize enough how important it is for the Commission to improve its data quality and utilization so that the Commission has an accurate and complete picture of the swaps markets. Without this view, the Commission cannot surveil the markets for manipulation and other abusive trading practices. In addition, the Commission will not be able to set credible position limits or determine whether end-users are hedging or speculating. The Commission’s ability to perform vital risk analysis will also be compromised.
Conclusion
It is probably appropriate that I conclude my remarks by emphasizing that it is crucially important for the Commission to improve and effectively utilize its data so that the Commission develops a complete picture of both the swaps and the futures markets. In many respects, many of the questions regarding the impact of financialization on the commodity markets would be answerable if the Commission had a complete picture of market participants and their trading strategies.
In addition, the Commission must be mindful of the impact that its regulations have on the cost of hedging in the markets. This is especially true in the commodity markets where a wide range of participants hedge because of the volatility in commodity prices and specialized business needs. If the cost of hedging becomes too expensive, these participants may choose not to hedge or enter into less perfect hedges, which impairs efficient business operations.
Therefore, looking forward, the Commission must strive to issue clear, consistent, and cost effective rules that are informed by data and that do not interfere with hedging in the markets. Finally, the Commission must re-visit rules that have proved unworkable or overly burdensome. I am encouraged that the Commission has taken the first step by re-visiting its data rules. I encourage the Commission to not stop there and continue to re-visit rules that have impacted legitimate hedging activities.
Thank you very much for your time.
Note: Presentation is available under Related Links.
1 See Timeline of CME Achievements, available at http://www.cmegroup.com/company/history/timeline-of-achievements.html.
2 Annual Energy Outlook 2013, U.S. Energy Information Administration, April 2013, page 79, available at, http://www.eia.gov/forecasts/aeo/pdf/0383(2013).pdf. The EIA report shows an increase in natural gas production since the mid-2000s and predicts a further 44 percent increase in production from 2011 to 2040, with shale gas providing the largest source of growth.
3 Freezes hit U.S. natural gas output, California supply, Reuters, February 3, 2014, available at, http://www.reuters.com/article/2014/02/06/energy-natgas-weather-idUSL2N0LB1I420140206. Supply constraints also contributed to price spikes. Northeastern Winter Natural Gas and Electricity Issues, U.S. Energy Information Administration, January 7, 2014, available at, http://www.eia.gov/special/alert/east_coast/pdf/energy_market_alert_Jan_7_2014.pdf.
4 Rains to end Brazil coffee drought, but damage done, Reuters, February, 13, 2014, available at http://www.reuters.com/article/2014/02/13/brazil-coffee-rains-idUSL2N0LI1DY20140213.
5 Coffee, sugar fall on producer selling, cocoa eyes expiry, Reuters, March 14, 2014, available at http://www.cnbc.com/id/101494777.
6 Porcine epidemic diarrhea virus.
7 Pork Industry Launches Three-Prong Strategy to Stem PEDV Spread, National Pork Board, March 11, 2014, available at, http://www.pork.org/News/4575/PorkIndustryLaunchesThreeProngStrategytoStemPEDVSpread.aspx.
8 Is virus-inflated U.S. hog market bubble about to burst?, Reuters, March 14, 2014, available at, http://www.reuters.com/article/2014/03/14/us-usa-pork-hogs-analysis-idUSBREA2D1YW20140314.
9 Wheat jumps 2 pct on U.S. weather, Ukraine concerns, Reuters, March, 14, 2014, available at, http://www.reuters.com/article/2014/03/14/markets-grains-idUSL3N0MB3CX20140314.
10 See Clean Current’s website, available at, http://www.cleancurrents.com/; Clean Currents turns off its lights after January’s polar vortex spiked energy prices, The Washington Post, February 3, 2014, available at, http://www.washingtonpost.com/business/capitalbusiness/clean-currents-turns-off-its-lights-after-januarys-polar-vortex-spiked-energy-prices/2014/02/03/8f9cde1e-8cf6-11e3-98ab-fe5228217bd1_story.html.
11 Id.
12 Further Definition of “Swap,” “Security-Based Swap,” and “Security-Based Swap Agreement”; Mixed Swaps; Security-Based Swap Agreement Recordkeeping, 77 FR 48208 (Aug. 13, 2012).
13 Deliverable Interest Rate Swap Futures, CME Group, available at, http://www.cmegroup.com/trading/interest-rates/files/dsf-overview.pdf. Eris Exchange to Launch New, Margin-Efficient Interest Rate Swap Futures, Eris Exchange, December 5, 2012, available at, http://www.erisfutures.com/EE/Eris_Exchange_to_Launch_New_Margin_Efficient_Interest_Rate_Swap_Futures.pdf.
14 SGX to Introduce Iron Ore Futures as Investors Bet on China, Bloomberg, April 5, 2013, available at, http://www.bloomberg.com/news/2013-04-05/sgx-to-introduce-iron-ore-futures-as-investors-wager-on-china.html.
15 Credit Index Futures on ICE, available at, https://www.theice.com/credit.jhtml.
16 Futurization of FX Derivatives, Greenwich Associates, January 14, 2014, available at, https://www.greenwich.com/greenwich-research/research-documents/greenwich-reports/2014/jan/is-spl-futfx-2013-gr. Why Regulatory Changes Will Drive FX Trading Volume to Futures, kevinonthestreet, January 14, 2014, available at, http://kevinonthestreet.com/why-regulatory-changes-will-drive-fx-trading-volumes-to-futures/.
17 Id. Futurization: Dodd-Frank Drives Swaps-to-Futures Migration, futuresINDUSTRY, January 2013, available at, http://www.futuresindustry.org/futures-industry.asp?iss=209&a=1531. Swaps Futurization Means Added Choice, Market Media, March 12, 2014, available at, http://marketsmedia.com/swaps-futurization-means-added-choice/.
18 Further Definition of “Swap Dealer,” “Security-Based Swap Dealer,” “Major Swap Participant,” “Major Security-Based Swap Participant,” and “Eligible Contract Participant,” 77 FR 30595 (May 23, 2012).
19 The Role of Banks in Physical Commodities, HIS Global Inc., 2013, at pages 4-5.
20 Id. at 24-25.
21 Id. at 24.
22 Id. at 25.
23 Id.
24 Id.
25 Basel Committee on Banking Supervision and Board of the International Organization of Securities Commissions, Margin requirements for non-centrally cleared derivatives, September 2013, available at, http://www.bis.org/publ/bcbs261.pdf.
26 Sections 727 and 728 of the Dodd-Frank Act. Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376 (2010).
27 17 C.F.R. parts 43, 45, and 46.
Keynote Address by Commissioner Scott D. O’Malia, 2014 Bank of Canada International Economic Analysis Workshop on Financialization of Commodity Markets
Impact of the Dodd-Frank Act on Commodity Futures and Swaps Markets
March 21, 2014
I want to thank Bahattin for inviting me to speak at this workshop. The topic of today’s workshop is “Financialization of Commodity Markets.” As we all know, commodity prices have experienced an unprecedented rise from the early 2000s. During this time, investors poured large amounts of investment capital into the commodity markets. As such, there has been much written about whether the increased presence of financial investors in the commodity markets led to higher commodity prices and volatility, the so-called “financialization of commodities” debate. Many of today’s distinguished panelists have and will offer their insights on speculative activity in the commodity markets and its relationship to the financialization of these markets.
I would like to use this speech to frame the discussion of the impact of the Dodd-Frank Act and Commission regulations on commercial end-users who have historically used the commodity futures and swaps markets for risk mitigation and hedging. In this regard, I will first discuss the importance of hedging in the commodity markets, especially given volatile commodity prices. Next, I will discuss the impact that Dodd-Frank and Commission reforms have had on hedging in the commodity markets, including the “futurization” of swaps. I will then discuss the potential impact on hedging of upcoming Commission rulemakings. Finally, I will touch on the importance of the Commission’s utilization of data in its oversight of the commodity markets.
Importance of Hedging in the Commodity Markets
It is important to remember that the futures markets originated as a way for buyers and sellers to hedge price risk in the grain markets.1 Today, notwithstanding investor participants in the commodity markets, participants from producers to manufacturers to commercial end-users continue to rely on the futures and swaps markets in order to hedge their commodity price risk, which is essential in order to operate, invest, and grow their businesses.
As we all know, commodity prices are not static. A good example of this price risk is natural gas. Even with the boom in natural gas production,2 this long and harsh winter reminds us that increased demand and supply disruptions can result in regional price spikes despite what seems to be an endless supply of natural gas. For example, the extreme cold temperatures this winter greatly increased demand and impacted production, storage, and transportation supplies for natural gas, causing cash prices in the Northeastern U.S. to hit record levels in late January.3 Chart 1 shows that ICE day-ahead cash prices for Northeast natural gas spiked to over $120 per million British thermal units at the end of January before falling back to more reasonable levels. The March – April natural gas spread has been similarly volatile this winter as shown in Chart 2. This spread widened to $1.208 on February 20 before narrowing. Given the increased demand and supply issues for natural gas, storage levels of natural gas are the lowest in 11 years as shown in Chart 3. As of March 7, working gas in storage was 49 percent below last year’s level and 46 percent below the five-year average.
Weather also brought the worst drought in decades to Brazil this winter, causing coffee crop losses of up to 30 percent.4 May coffee futures peaked at $2.0975 a pound on March 12, the highest level since February 2012.5 Weather is not the only factor that can cause volatility in commodity prices. The PED6 virus, which has killed an estimated 5 million pigs in the U.S,7 has sent lean hog futures prices to record highs.8 Even the Crimean conflict contributed to increased wheat and corn prices this month.9
Given the volatility in commodity prices, hedging is an important function in the commodity markets so that participants can efficiently operate their businesses. Chart 4 provides an example of a potential consequence when a business does not hedge its exposure.10 Unfortunately, in this example, Clean Currents closed its business because this past winter’s “extreme weather … sent the wholesale electricity market into unchartered territories” and Clean Currents did not hedge this exposure.11 In this regard, the Commission must be mindful of the impact of its rules on the cost of hedging for end-users so that they are able to engage in legitimate hedging activities. I will next discuss the impact of the Commission’s swaps rules on hedging in the commodity markets.
Dodd-Frank Impact on the Commodity Markets
As you know, over the past several years the Commission has been busy implementing the Dodd-Frank Act. The Commission has completed 68 final rulemakings and 8 exemptive orders and the Commission staff has issued approximately 172 no-action relief letters and 34 guidance and advisories. The Commission now has 98 provisionally registered swap dealers, 19 temporarily registered swap execution facilities, and 4 provisionally registered swap data repositories. In a rush to complete the rulemaking process, the Commission preferred speed over precision. As a result, the Commission’s swaps rules have introduced unnecessary complexity, vagueness, and costs into the markets, including the commodity markets. These consequences have, in certain instances, led some hedgers to seek out alternatives, such as swap futures. This trend is commonly referred to as the “futurization of swaps.”
On October 12, 2012, the joint CFTC-SEC rule defining the term “swap” became effective,12 which triggered compliance requirements for a number of Commission swaps regulations. To avoid compliance with burdensome and costly swaps regulations, customers of both CME and ICE demanded that the commodity markets move to listed futures instead of swaps. In response, on October 15, 2012, ICE converted its cleared energy swaps into futures and CME began listing energy futures contracts.
Following this shift, CME Group and Eris Exchange launched interest rate swap futures in December 2012.13 Singapore Exchange began offering commodity futures for trading in April 2013.14 ICE launched credit index futures in June 2013.15 Earlier this year, Greenwich Associates noted that “a clear trend exists towards growing demand for FX futures in lieu of traditionally bilateral FX derivatives.”16 Market participants have cited the complexity and cost of complying with the new swaps rules as major drivers to the futures markets.17 Unlike the swaps markets, the futures markets have clear rules and provide market participants with regulatory certainty.
The Commission’s unjustifiably complicated swap dealer definition18 and unjustifiably expensive compliance requirements for market participants that meet this definition is one example of a Commission rule that has pushed market participants to the futures markets. In addition to brokers, many other market participants, including energy, agricultural, and commodity firms have to worry about being subject to this definition. Rather than providing a bright line test for determining whether a market participant is a swap dealer, the rule broadly applies the swap dealer definition to all market participants and then provides some limited conditional relief, but only if participants navigate through the complex set of hedging factors on a trade-by-trade basis and fall below the $8 billion de minimis level.
In a few years, the $8 billion de minimis level will fall to $3 billion if the Commission does not vote to change the threshold. Earlier this month, I asked the Commission staff how many additional entities would have to register as a swap dealer if the de minimis level moved to $3 billion today. The Commission staff could not answer this question. If the Commission cannot determine if an entity falls within the swap dealer definition, how can it expect end-users to navigate this complex rule?
Think about this in another way. If the Commission cannot identify swap dealers, how can it enforce this rule? The Commission’s data rules do not require a market participant to flag a trade as a dealing trade or a hedging trade. So, how will the Commission conduct compliance and oversight of this rule regardless of the de minimis level? I suspect that the Commission will add all trades executed by a market participant and see how close the total is to the de minimis level, and then ask questions to determine whether the economic purpose of each trade was dealing or hedging. This solution will be a nightmare for both the Commission and the end-users.
To provide end-users greater certainty, I propose a modest fix that would allow end-users to exclude all cleared trades from the calculation towards the de minimis threshold. This fix would encourage end-users to clear their trades and would reduce regulatory compliance costs for those end-users who choose to do so.
Moreover, as I noted before, once an entity is subject to the swap dealer definition, the cost of complying with the swap dealer regulations is high. Swap dealers must comply with an array of complex and costly rules in areas such as minimum capital requirements, business conduct, and trade reporting – giving participants a strong incentive to stay away from being labeled as a swap dealer. Participants in the futures markets do not have to comply with such onerous rules.
The downside of futurization for participants in the commodity markets is reduced hedging flexibility because futures contracts, unlike swaps, cannot be individually tailored to meet specific risk needs. Given the volatility of prices in the commodity markets, and the different needs, risks, time horizons, and incentives for end-users in these markets, customized hedging is especially important.19 Because of the Commission’s rules, these participants will have to accept imperfect hedges, endure the higher cost of swaps, or forego hedging all together. All of these alternatives are unacceptable.
For example, smaller natural gas producers rely on customized hedging solutions to mitigate their exposure to volatile natural gas prices, which enables them to invest in their drilling programs.20 There are more than 120 natural gas delivery locations in the U.S., which can vary significantly from the Henry Hub benchmark price traded on exchanges.21 In addition, producers may need the flexibility to enter into long-dated hedges; however, approximately 80% of Henry Hub futures volume is traded within a two-year maturation date.22 The lack of delivery locations and liquidity in long-dated hedges in the futures markets requires customized hedging solutions in many cases.23 If end-users are forced to use swap futures because the cost of using swaps is too high, these participants will have a less perfect hedge, which could result in additional risk or reduced capital investment.24
Upcoming Changes to the Commodity Markets
There are several upcoming Commission rulemakings that will impact hedging in the commodity markets. First, the Commission is considering a proposed futures block rule that will limit the availability of block trades, especially for energy futures. Exchanges have facilitated the transition from swaps to futures in the commodity markets by establishing extremely low threshold sizes for block trades in futures contracts. These thresholds are unlikely to stay at these levels with a Commission futures block rule. It remains to be seen how Commission rules would affect futurization in the commodity and other markets and the cost of hedging to end-users.
Second, the OTC margin and capital rules for uncleared swaps will increase the cost of hedging. It is important to note that the effort to establish a margin regime for uncleared swaps is a global effort. In September 2013, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions released their final policy framework on margin requirements for uncleared derivatives.25 These rules will spare end-users from mandatory initial and variation margin exchange. However, banks will be hit with new capital charges to offset the risk posed by OTC trades. Banks will pass these costs on to end-users. The Commission will need to finalize these rules, which will increase the cost of hedging for end-users in the commodity markets.
Third, the Commission staff is working on mandatory clearing determinations for additional interest rate swap contracts and non-deliverable forward (“NDF”) contracts. As I previously mentioned, it appears that there is already growing demand for FX futures in lieu of traditionally bilateral FX derivatives. Only time will tell if mandatory clearing and trading accelerate the move of NDFs to futures. While mandatory clearing for commodity swaps is likely a year or more away, commodity market participants should keep a close eye on clearing and trading in the interest rate, credit default, and NDF markets to determine how commodity markets may react in the future with the advent of mandatory clearing and trading. Commodity market participants should also watch for any impacts on the cost of hedging.
Finally, the position limits re-proposal has the potential to negatively impact end-users legitimate hedging activities. Setting position limits is not an easy task, especially with unusable data as I will discuss next. The Commission is supposed to stop excessive speculation and manipulation, but must also protect the essential price discovery process and hedging function in the markets. Unfortunately, the Commission’s position limits re-proposal may curtail end-users hedging activities as it scales back the bona fide hedging exemption. The current bona fide hedging exemption has been in effect since the 1970s and, from my understanding, has worked well in the markets. In developing a final position limits rule, the Commission must ensure that it does not impact longstanding and legitimate hedging activities.
Commission’s View into the Commodity Markets
I would like to next discuss the importance of the Commission’s utilization of data in its oversight of the commodity markets. Two fundamental goals of the Dodd-Frank Act were to increase the transparency and integrity of the swaps markets. To achieve these goals, Dodd-Frank required market participants to report information about each swap transaction to a swap data repository.26 The Commission promulgated swap data reporting rules and swap dealers began reporting their trades in December 2012.27
As important as data is, the Commission does not have a clear picture into the commodity swaps markets or financial markets, for that matter. Let me be clear. The data is extraordinarily difficult to use and the Commission is not utilizing this data effectively, or as it was intended. Without usable data, the Commission cannot conduct surveillance, set appropriate position limits, or analyze systemic risk in these markets. The swaps data is not merged with futures data and cannot be analyzed together. Despite the fact that market participants trade across markets and across jurisdictions with little effort; the Commission continues to struggle to develop its own oversight capacity, unless the Commission makes this a top priority.
However, I am pleased that the Commission is taking steps to improve the quality and consistency of its data. The Commission’s Technology Advisory Committee, which I chair, started to perform work on data harmonization back in 2011. Based on this effort, the Commission is currently working with the swap data repositories to harmonize the data within the credit asset class and will then move on to the interest rate asset class. Commodities, unfortunately, are well down the road.
In addition, based on my suggestion, the Commission formed a cross-divisional data team in January of this year to identify and fix our data problems. The Commission, based on the data team’s work, this past Wednesday put out for comment approximately 70 questions addressing several swap data reporting issues. Based on the comments and its own self-evaluation of the current reporting regime, the cross-divisional data team will make recommendations to improve swap data reporting to the Commission this summer.
I cannot emphasize enough how important it is for the Commission to improve its data quality and utilization so that the Commission has an accurate and complete picture of the swaps markets. Without this view, the Commission cannot surveil the markets for manipulation and other abusive trading practices. In addition, the Commission will not be able to set credible position limits or determine whether end-users are hedging or speculating. The Commission’s ability to perform vital risk analysis will also be compromised.
Conclusion
It is probably appropriate that I conclude my remarks by emphasizing that it is crucially important for the Commission to improve and effectively utilize its data so that the Commission develops a complete picture of both the swaps and the futures markets. In many respects, many of the questions regarding the impact of financialization on the commodity markets would be answerable if the Commission had a complete picture of market participants and their trading strategies.
In addition, the Commission must be mindful of the impact that its regulations have on the cost of hedging in the markets. This is especially true in the commodity markets where a wide range of participants hedge because of the volatility in commodity prices and specialized business needs. If the cost of hedging becomes too expensive, these participants may choose not to hedge or enter into less perfect hedges, which impairs efficient business operations.
Therefore, looking forward, the Commission must strive to issue clear, consistent, and cost effective rules that are informed by data and that do not interfere with hedging in the markets. Finally, the Commission must re-visit rules that have proved unworkable or overly burdensome. I am encouraged that the Commission has taken the first step by re-visiting its data rules. I encourage the Commission to not stop there and continue to re-visit rules that have impacted legitimate hedging activities.
Thank you very much for your time.
Note: Presentation is available under Related Links.
1 See Timeline of CME Achievements, available at http://www.cmegroup.com/company/history/timeline-of-achievements.html.
2 Annual Energy Outlook 2013, U.S. Energy Information Administration, April 2013, page 79, available at, http://www.eia.gov/forecasts/aeo/pdf/0383(2013).pdf. The EIA report shows an increase in natural gas production since the mid-2000s and predicts a further 44 percent increase in production from 2011 to 2040, with shale gas providing the largest source of growth.
3 Freezes hit U.S. natural gas output, California supply, Reuters, February 3, 2014, available at, http://www.reuters.com/article/2014/02/06/energy-natgas-weather-idUSL2N0LB1I420140206. Supply constraints also contributed to price spikes. Northeastern Winter Natural Gas and Electricity Issues, U.S. Energy Information Administration, January 7, 2014, available at, http://www.eia.gov/special/alert/east_coast/pdf/energy_market_alert_Jan_7_2014.pdf.
4 Rains to end Brazil coffee drought, but damage done, Reuters, February, 13, 2014, available at http://www.reuters.com/article/2014/02/13/brazil-coffee-rains-idUSL2N0LI1DY20140213.
5 Coffee, sugar fall on producer selling, cocoa eyes expiry, Reuters, March 14, 2014, available at http://www.cnbc.com/id/101494777.
6 Porcine epidemic diarrhea virus.
7 Pork Industry Launches Three-Prong Strategy to Stem PEDV Spread, National Pork Board, March 11, 2014, available at, http://www.pork.org/News/4575/PorkIndustryLaunchesThreeProngStrategytoStemPEDVSpread.aspx.
8 Is virus-inflated U.S. hog market bubble about to burst?, Reuters, March 14, 2014, available at, http://www.reuters.com/article/2014/03/14/us-usa-pork-hogs-analysis-idUSBREA2D1YW20140314.
9 Wheat jumps 2 pct on U.S. weather, Ukraine concerns, Reuters, March, 14, 2014, available at, http://www.reuters.com/article/2014/03/14/markets-grains-idUSL3N0MB3CX20140314.
10 See Clean Current’s website, available at, http://www.cleancurrents.com/; Clean Currents turns off its lights after January’s polar vortex spiked energy prices, The Washington Post, February 3, 2014, available at, http://www.washingtonpost.com/business/capitalbusiness/clean-currents-turns-off-its-lights-after-januarys-polar-vortex-spiked-energy-prices/2014/02/03/8f9cde1e-8cf6-11e3-98ab-fe5228217bd1_story.html.
11 Id.
12 Further Definition of “Swap,” “Security-Based Swap,” and “Security-Based Swap Agreement”; Mixed Swaps; Security-Based Swap Agreement Recordkeeping, 77 FR 48208 (Aug. 13, 2012).
13 Deliverable Interest Rate Swap Futures, CME Group, available at, http://www.cmegroup.com/trading/interest-rates/files/dsf-overview.pdf. Eris Exchange to Launch New, Margin-Efficient Interest Rate Swap Futures, Eris Exchange, December 5, 2012, available at, http://www.erisfutures.com/EE/Eris_Exchange_to_Launch_New_Margin_Efficient_Interest_Rate_Swap_Futures.pdf.
14 SGX to Introduce Iron Ore Futures as Investors Bet on China, Bloomberg, April 5, 2013, available at, http://www.bloomberg.com/news/2013-04-05/sgx-to-introduce-iron-ore-futures-as-investors-wager-on-china.html.
15 Credit Index Futures on ICE, available at, https://www.theice.com/credit.jhtml.
16 Futurization of FX Derivatives, Greenwich Associates, January 14, 2014, available at, https://www.greenwich.com/greenwich-research/research-documents/greenwich-reports/2014/jan/is-spl-futfx-2013-gr. Why Regulatory Changes Will Drive FX Trading Volume to Futures, kevinonthestreet, January 14, 2014, available at, http://kevinonthestreet.com/why-regulatory-changes-will-drive-fx-trading-volumes-to-futures/.
17 Id. Futurization: Dodd-Frank Drives Swaps-to-Futures Migration, futuresINDUSTRY, January 2013, available at, http://www.futuresindustry.org/futures-industry.asp?iss=209&a=1531. Swaps Futurization Means Added Choice, Market Media, March 12, 2014, available at, http://marketsmedia.com/swaps-futurization-means-added-choice/.
18 Further Definition of “Swap Dealer,” “Security-Based Swap Dealer,” “Major Swap Participant,” “Major Security-Based Swap Participant,” and “Eligible Contract Participant,” 77 FR 30595 (May 23, 2012).
19 The Role of Banks in Physical Commodities, HIS Global Inc., 2013, at pages 4-5.
20 Id. at 24-25.
21 Id. at 24.
22 Id. at 25.
23 Id.
24 Id.
25 Basel Committee on Banking Supervision and Board of the International Organization of Securities Commissions, Margin requirements for non-centrally cleared derivatives, September 2013, available at, http://www.bis.org/publ/bcbs261.pdf.
26 Sections 727 and 728 of the Dodd-Frank Act. Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376 (2010).
27 17 C.F.R. parts 43, 45, and 46.
A SEYFERT GALAXY IN THE CONSTELLATION LIBRA
This new Hubble image is centered on NGC 5793, a spiral galaxy over 150 million light-years away in the constellation of Libra. This galaxy has two particularly striking features: a beautiful dust lane and an intensely bright center — much brighter than that of our own galaxy, or indeed those of most spiral galaxies we observe. NGC 5793 is a Seyfert galaxy. These galaxies have incredibly luminous centers that are thought to be caused by hungry supermassive black holes — black holes that can be billions of times the size of the sun — that pull in and devour gas and dust from their surroundings.
This galaxy is of great interest to astronomers for many reasons. For one, it appears to house objects known as masers. Whereas lasers emit visible light, masers emit microwave radiation. The term "masers" comes from the acronym Microwave Amplification by Stimulated Emission of Radiation. Maser emission is caused by particles that absorb energy from their surroundings and then re-emit this in the microwave part of the spectrum. Naturally occurring masers, like those observed in NGC 5793, can tell us a lot about their environment; we see these kinds of masers in areas where stars are forming. In NGC 5793 there are also intense mega-masers, which are thousands of times more luminous than the sun. Credit: NASA, ESA, and E. Perlman (Florida Institute of Technology)
REMARKS BY FIRST LADY MICHELLE OBAMA AT STANFORD CENTER AT PEKING UNIVERSITY
FROM: THE WHITE HOUSE
Beijing, China
MRS. OBAMA: (Applause.) Thank you. Well, ni-hao. (Laughter.) It is such a pleasure and an honor to be here with all of you at this great university, so thank you so much for having me.
Now, before I get started today, on behalf of myself and my husband, I just want to say a few very brief words about Malaysia Airlines Flight 370. As my husband has said, the United States is offering as many resources as possible to assist in the search. And please know that we are keeping all of the families and loved ones of those on this flight in our thoughts and prayers at this very difficult time.
Now with that, I want to start by recognizing our new Ambassador to China, Ambassador Baucus; President Wang; Chairman Zhu; Vice President Li; Director Cueller; Professor Oi, and the Stanford Center; President Sexton from New York University, which is an excellent study abroad program in Shanghai; and John Thornton, Director of the Global Leadership Program at Tsinghua University. Thank you all for joining us.
But most of all, I want to thank all of the students who are here today. And I particularly want to thank Eric Schaefer and Zhu Xuanhao for that extraordinary English and Chinese introduction. That was a powerful symbol of everything that I want to talk with you about today.
See, by learning each other’s languages, and by showing such curiosity and respect for each other’s cultures, Mr. Schafer and Ms. Zhu and all of you are building bridges of understanding that will lead to so much more. And I’m here today because I know that our future depends on connections like these among young people like you across the globe.
That’s why when my husband and I travel abroad, we don’t just visit palaces and parliaments and meet with heads of state. We also come to schools like this one to meet with students like you, because we believe that relationships between nations aren’t just about relationships between governments or leaders -- they’re about relationships between people, particularly young people. So we view study abroad programs not just as an educational opportunity for students, but also as a vital part of America’s foreign policy.
Through the wonders of modern technology, our world is more connected than ever before. Ideas can cross oceans with the click of a button. Companies can do business and compete with companies across the globe. And we can text, email, Skype with people on every continent.
So studying abroad isn’t just a fun way to spend a semester; it is quickly becoming the key to success in our global economy. Because getting ahead in today’s workplaces isn’t just about getting good grades or test scores in school, which are important. It’s also about having real experience with the world beyond your borders –- experience with languages, cultures and societies very different from your own. Or, as the Chinese saying goes: “It is better to travel ten thousand miles than to read ten thousand books.”
But let’s be clear, studying abroad is about so much more than improving your own future. It’s also about shaping the future of your countries and of the world we all share. Because when it comes to the defining challenges of our time -– whether it’s climate change or economic opportunity or the spread of nuclear weapons -- these are shared challenges. And no one country can confront them alone. The only way forward is together.
That’s why it is so important for young people like you to live and study in each other’s countries, because that’s how you develop that habit of cooperation. You do it by immersing yourself in one another’s culture, by learning each other’s stories, by getting past the stereotypes and misconceptions that too often divide us.
That’s how you come to understand how much we all share. That’s how you realize that we all have a stake in each other’s success -- that cures discovered here in Beijing could save lives in America, that clean energy technologies from Silicon Valley in California could improve the environment here in China, that the architecture of an ancient temple in Xi’an could inspire the design of new buildings in Dallas or Detroit.
And that’s when the connections you make as classmates or labmates can blossom into something more. That’s what happened when Abigail Coplin became an American Fulbright Scholar here at Peking University. She and her colleagues published papers together in top science journals, and they built research partnerships that lasted long after they returned to their home countries. And Professor Niu Ke from Peking University was a Fulbright Scholarship -- Scholar in the U.S. last year, and he reported -- and this is a quote from him -- he said, “The most memorable experiences were with my American friends.”
These lasting bonds represent the true value of studying abroad. And I am thrilled that more and more students are getting this opportunity. As you’ve heard, China is currently the fifth most popular destination for Americans studying abroad, and today, the highest number of exchange students in the U.S. are from China.
But still, too many students never have this chance, and some that do are hesitant to take it. They may feel like studying abroad is only for wealthy students or students from certain kinds of universities. Or they may think to themselves, well, that sounds fun but how will it be useful in my life? And believe me, I understand where these young people are coming from because I felt the same way back when I was in college.
See, I came from a working-class family, and it never occurred to me to study abroad -- never. My parents didn’t get a chance to attend college, so I was focused on getting into a university, earning my degree so that I could get a good job to support myself and help my family. And I know for a lot of young people like me who are struggling to afford a regular semester of school, paying for plane tickets or living expenses halfway around the world just isn’t possible. And that’s not acceptable, because study abroad shouldn’t just be for students from certain backgrounds.
Our hope is to build connections between people of all races and socioeconomic backgrounds, because it is that diversity that truly will change the face of our relationships. So we believe that diversity makes our country vibrant and strong. And our study abroad programs should reflect the true spirit of America to the world.
And that’s why when my husband visited China back in 2009, he announced the 100,000 Strong initiative to increase the number and diversity of American students studying in China. And this year, as we mark the 35th anniversary of the normalization of relationships between our two countries, the U.S. government actually supports more American students in China than in any other country in the world.
We are sending high school, college and graduate students here to study Chinese. We’re inviting teachers from China to teach Mandarin in American schools. We’re providing free online advising for students in China who want to study in the U.S. And the U.S.-China Fulbright program is still going strong with more than 3,000 alumni.
And the private sector is stepping up as well. For example, Steve Schwarzman, who is the head of an American company called Blackstone, is funding a new program at Tsinghua University modeled on the Rhodes Scholarship. And today, students from all kinds of backgrounds are studying here in China.
Take the example of Royale Nicholson, who’s from Cleveland, Ohio. She attends New York University’s program in Shanghai. Now, like me, Royale is a first-generation college student. And her mother worked two full-time jobs while her father worked nights to support their family. And of her experience in Shanghai, Royale said -- and this is her quote -- she said, “This city oozes persistence and inspires me to accomplish all that I can.” And happy birthday, Royale. It was her birthday yesterday. (Laughter.)
And then there’s Philmon Haile from the University of Washington, whose family came to the U.S. as refugees from Eritrea when he was a child. And of his experience studying in China, he said, “Study abroad is a powerful vehicle for people-to-people exchange as we move into a new era of citizen diplomacy.”
“A new era of citizen diplomacy.” I could not have said it better myself, because that’s really what I’m talking about. I am talking about ordinary citizens reaching out to the world. And as I always tell young people back in America, you don’t need to get on a plane to be a citizen diplomat. I tell them that if you have an Internet connection in your home, school, or library, within seconds you can be transported anywhere in the world and meet people on every continent.
And that’s why I’m posting a daily travel blog with videos and photos of my experiences here in China, because I want young people in America to be part of this visit. And that’s really the power of technology –- how it can open up the entire world and expose us to ideas and innovations we never could have imagined.
And that’s why it’s so important for information and ideas to flow freely over the Internet and through the media, because that’s how we discover the truth. That’s how we learn what’s really happening in our communities and our country and our world. And that’s how we decide which values and ideas we think are best –- by questioning and debating them vigorously, by listening to all sides of an argument, and by judging for ourselves.
And believe me, I know how this can be a messy and frustrating process. My husband and I are on the receiving end of plenty of questioning and criticism from our media and our fellow citizens. And it’s not always easy, but we wouldn’t trade it for anything in the world. Because time and again, we have seen that countries are stronger and more prosperous when the voices of and opinions of all their citizens can be heard.
And as my husband has said, we respect the uniqueness of other cultures and societies, but when it comes to expressing yourself freely and worshipping as you choose and having open access to information, we believe those universal rights -- they are universal rights that are the birthright of every person on this planet. We believe that all people deserve the opportunity to fulfill their highest potential as I was able to do in the United States.
And as you learn about new cultures and form new friendships during your time here in China and in the United States, all of you are the living, breathing embodiment of those values. So I guarantee you that in studying abroad, you’re not just changing your own life, you are changing the lives of everyone you meet.
And as the great American President John F. Kennedy once said about foreign students studying in the U.S., he said “I think they teach more than they learn.” And that is just as true of young Americans who study abroad. All of you are America’s best face, and China’s best face, to the world -- you truly are.
Every day, you show the world your countries’ energy and creativity and optimism and unwavering belief in the future. And every day, you remind us -- and me in particular -- of just how much we can achieve if we reach across borders, and learn to see ourselves in each other, and confront our shared challenges with shared resolve.
So I hope you all will keep seeking these kinds of experiences. And I hope you’ll keep teaching each other, and learning from each other, and building bonds of friendship that will enrich your lives and enrich our world for decades to come.
You all have so much to offer, and I cannot wait to see all that you achieve together in the years ahead.
Thank you so much. Xie-Xie. (Applause.)
END 11:48 A.M. CST
Beijing, China
MRS. OBAMA: (Applause.) Thank you. Well, ni-hao. (Laughter.) It is such a pleasure and an honor to be here with all of you at this great university, so thank you so much for having me.
Now, before I get started today, on behalf of myself and my husband, I just want to say a few very brief words about Malaysia Airlines Flight 370. As my husband has said, the United States is offering as many resources as possible to assist in the search. And please know that we are keeping all of the families and loved ones of those on this flight in our thoughts and prayers at this very difficult time.
Now with that, I want to start by recognizing our new Ambassador to China, Ambassador Baucus; President Wang; Chairman Zhu; Vice President Li; Director Cueller; Professor Oi, and the Stanford Center; President Sexton from New York University, which is an excellent study abroad program in Shanghai; and John Thornton, Director of the Global Leadership Program at Tsinghua University. Thank you all for joining us.
But most of all, I want to thank all of the students who are here today. And I particularly want to thank Eric Schaefer and Zhu Xuanhao for that extraordinary English and Chinese introduction. That was a powerful symbol of everything that I want to talk with you about today.
See, by learning each other’s languages, and by showing such curiosity and respect for each other’s cultures, Mr. Schafer and Ms. Zhu and all of you are building bridges of understanding that will lead to so much more. And I’m here today because I know that our future depends on connections like these among young people like you across the globe.
That’s why when my husband and I travel abroad, we don’t just visit palaces and parliaments and meet with heads of state. We also come to schools like this one to meet with students like you, because we believe that relationships between nations aren’t just about relationships between governments or leaders -- they’re about relationships between people, particularly young people. So we view study abroad programs not just as an educational opportunity for students, but also as a vital part of America’s foreign policy.
Through the wonders of modern technology, our world is more connected than ever before. Ideas can cross oceans with the click of a button. Companies can do business and compete with companies across the globe. And we can text, email, Skype with people on every continent.
So studying abroad isn’t just a fun way to spend a semester; it is quickly becoming the key to success in our global economy. Because getting ahead in today’s workplaces isn’t just about getting good grades or test scores in school, which are important. It’s also about having real experience with the world beyond your borders –- experience with languages, cultures and societies very different from your own. Or, as the Chinese saying goes: “It is better to travel ten thousand miles than to read ten thousand books.”
But let’s be clear, studying abroad is about so much more than improving your own future. It’s also about shaping the future of your countries and of the world we all share. Because when it comes to the defining challenges of our time -– whether it’s climate change or economic opportunity or the spread of nuclear weapons -- these are shared challenges. And no one country can confront them alone. The only way forward is together.
That’s why it is so important for young people like you to live and study in each other’s countries, because that’s how you develop that habit of cooperation. You do it by immersing yourself in one another’s culture, by learning each other’s stories, by getting past the stereotypes and misconceptions that too often divide us.
That’s how you come to understand how much we all share. That’s how you realize that we all have a stake in each other’s success -- that cures discovered here in Beijing could save lives in America, that clean energy technologies from Silicon Valley in California could improve the environment here in China, that the architecture of an ancient temple in Xi’an could inspire the design of new buildings in Dallas or Detroit.
And that’s when the connections you make as classmates or labmates can blossom into something more. That’s what happened when Abigail Coplin became an American Fulbright Scholar here at Peking University. She and her colleagues published papers together in top science journals, and they built research partnerships that lasted long after they returned to their home countries. And Professor Niu Ke from Peking University was a Fulbright Scholarship -- Scholar in the U.S. last year, and he reported -- and this is a quote from him -- he said, “The most memorable experiences were with my American friends.”
These lasting bonds represent the true value of studying abroad. And I am thrilled that more and more students are getting this opportunity. As you’ve heard, China is currently the fifth most popular destination for Americans studying abroad, and today, the highest number of exchange students in the U.S. are from China.
But still, too many students never have this chance, and some that do are hesitant to take it. They may feel like studying abroad is only for wealthy students or students from certain kinds of universities. Or they may think to themselves, well, that sounds fun but how will it be useful in my life? And believe me, I understand where these young people are coming from because I felt the same way back when I was in college.
See, I came from a working-class family, and it never occurred to me to study abroad -- never. My parents didn’t get a chance to attend college, so I was focused on getting into a university, earning my degree so that I could get a good job to support myself and help my family. And I know for a lot of young people like me who are struggling to afford a regular semester of school, paying for plane tickets or living expenses halfway around the world just isn’t possible. And that’s not acceptable, because study abroad shouldn’t just be for students from certain backgrounds.
Our hope is to build connections between people of all races and socioeconomic backgrounds, because it is that diversity that truly will change the face of our relationships. So we believe that diversity makes our country vibrant and strong. And our study abroad programs should reflect the true spirit of America to the world.
And that’s why when my husband visited China back in 2009, he announced the 100,000 Strong initiative to increase the number and diversity of American students studying in China. And this year, as we mark the 35th anniversary of the normalization of relationships between our two countries, the U.S. government actually supports more American students in China than in any other country in the world.
We are sending high school, college and graduate students here to study Chinese. We’re inviting teachers from China to teach Mandarin in American schools. We’re providing free online advising for students in China who want to study in the U.S. And the U.S.-China Fulbright program is still going strong with more than 3,000 alumni.
And the private sector is stepping up as well. For example, Steve Schwarzman, who is the head of an American company called Blackstone, is funding a new program at Tsinghua University modeled on the Rhodes Scholarship. And today, students from all kinds of backgrounds are studying here in China.
Take the example of Royale Nicholson, who’s from Cleveland, Ohio. She attends New York University’s program in Shanghai. Now, like me, Royale is a first-generation college student. And her mother worked two full-time jobs while her father worked nights to support their family. And of her experience in Shanghai, Royale said -- and this is her quote -- she said, “This city oozes persistence and inspires me to accomplish all that I can.” And happy birthday, Royale. It was her birthday yesterday. (Laughter.)
And then there’s Philmon Haile from the University of Washington, whose family came to the U.S. as refugees from Eritrea when he was a child. And of his experience studying in China, he said, “Study abroad is a powerful vehicle for people-to-people exchange as we move into a new era of citizen diplomacy.”
“A new era of citizen diplomacy.” I could not have said it better myself, because that’s really what I’m talking about. I am talking about ordinary citizens reaching out to the world. And as I always tell young people back in America, you don’t need to get on a plane to be a citizen diplomat. I tell them that if you have an Internet connection in your home, school, or library, within seconds you can be transported anywhere in the world and meet people on every continent.
And that’s why I’m posting a daily travel blog with videos and photos of my experiences here in China, because I want young people in America to be part of this visit. And that’s really the power of technology –- how it can open up the entire world and expose us to ideas and innovations we never could have imagined.
And that’s why it’s so important for information and ideas to flow freely over the Internet and through the media, because that’s how we discover the truth. That’s how we learn what’s really happening in our communities and our country and our world. And that’s how we decide which values and ideas we think are best –- by questioning and debating them vigorously, by listening to all sides of an argument, and by judging for ourselves.
And believe me, I know how this can be a messy and frustrating process. My husband and I are on the receiving end of plenty of questioning and criticism from our media and our fellow citizens. And it’s not always easy, but we wouldn’t trade it for anything in the world. Because time and again, we have seen that countries are stronger and more prosperous when the voices of and opinions of all their citizens can be heard.
And as my husband has said, we respect the uniqueness of other cultures and societies, but when it comes to expressing yourself freely and worshipping as you choose and having open access to information, we believe those universal rights -- they are universal rights that are the birthright of every person on this planet. We believe that all people deserve the opportunity to fulfill their highest potential as I was able to do in the United States.
And as you learn about new cultures and form new friendships during your time here in China and in the United States, all of you are the living, breathing embodiment of those values. So I guarantee you that in studying abroad, you’re not just changing your own life, you are changing the lives of everyone you meet.
And as the great American President John F. Kennedy once said about foreign students studying in the U.S., he said “I think they teach more than they learn.” And that is just as true of young Americans who study abroad. All of you are America’s best face, and China’s best face, to the world -- you truly are.
Every day, you show the world your countries’ energy and creativity and optimism and unwavering belief in the future. And every day, you remind us -- and me in particular -- of just how much we can achieve if we reach across borders, and learn to see ourselves in each other, and confront our shared challenges with shared resolve.
So I hope you all will keep seeking these kinds of experiences. And I hope you’ll keep teaching each other, and learning from each other, and building bonds of friendship that will enrich your lives and enrich our world for decades to come.
You all have so much to offer, and I cannot wait to see all that you achieve together in the years ahead.
Thank you so much. Xie-Xie. (Applause.)
END 11:48 A.M. CST
ODOMETER FRAUDSTER PLEADS GUILTY IN ROLLBACK SCHEME
FROM: U.S. JUSTICE DEPARTMENT
Thursday, March 20, 2014
Massapequa, N.Y., Man Pleads Guilty to Rolling Back Odometers in Scheme That Defrauded Dozens of Car Buyers
A Massapequa, N.Y., man pleaded guilty today in U.S. District Court in Allentown, Pa., to conspiracy to commit odometer tampering, the Department of Justice announced. The defendant, Edward Capicchioni, 53, pleaded guilty to one count of conspiracy to tamper with odometers and make false odometer certifications. Capicchioni rolled back odometers on used cars and trucks to make the vehicles appear more valuable. Doing business under the company name of The General’s Auto Sales, Capicchioni sold more than 50 vehicles with rolled back odometers.
“Tampering with a car’s odometer in order to trick a would-be buyer is not only pernicious, it is a federal crime,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “A car is an expensive purchase – indeed, for many of us, the most expensive purchase of our lives – and we have a right to know that the car we are buying is what it appears to be. The Department of Justice will continue to take action against those who seek to defraud consumers.”
Capicchioni admitted to purchasing high-mileage cars, sport-utility vehicles and trucks from individual sellers in New York, Pennsylvania, Rhode Island and Maryland. Capicchioni then worked with a co-conspirator to roll back and alter the odometers and resold the vehicles at a wholesale auto auction in Pennsylvania. Capicchioni also took steps to hide his odometer fraud scheme. He checked the Carfax public database to see if it included a mileage entry that was higher than the false, lower mileage to which he reset the odometer. When Carfax included a higher mileage, Capicchioni submitted to Carfax fraudulent documentation in the name of the vehicle’s prior owner, in order to have the higher mileage reading removed.
After Carfax discovered Capicchioni’s fraud scheme through an internal investigation, Carfax personnel alerted the Office of Odometer Fraud Investigation at the National Highway Traffic Safety Administration (NHTSA). NHTSA conducted additional investigation into the full scope of Capicchioni’s criminal activities, and Carfax continued to provide information and assistance throughout NHTSA’s investigation.
This case is being prosecuted by Trial Attorney John W. Burke with the Consumer Protection Branch of the U.S. Department of Justice.
Thursday, March 20, 2014
Massapequa, N.Y., Man Pleads Guilty to Rolling Back Odometers in Scheme That Defrauded Dozens of Car Buyers
A Massapequa, N.Y., man pleaded guilty today in U.S. District Court in Allentown, Pa., to conspiracy to commit odometer tampering, the Department of Justice announced. The defendant, Edward Capicchioni, 53, pleaded guilty to one count of conspiracy to tamper with odometers and make false odometer certifications. Capicchioni rolled back odometers on used cars and trucks to make the vehicles appear more valuable. Doing business under the company name of The General’s Auto Sales, Capicchioni sold more than 50 vehicles with rolled back odometers.
“Tampering with a car’s odometer in order to trick a would-be buyer is not only pernicious, it is a federal crime,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “A car is an expensive purchase – indeed, for many of us, the most expensive purchase of our lives – and we have a right to know that the car we are buying is what it appears to be. The Department of Justice will continue to take action against those who seek to defraud consumers.”
Capicchioni admitted to purchasing high-mileage cars, sport-utility vehicles and trucks from individual sellers in New York, Pennsylvania, Rhode Island and Maryland. Capicchioni then worked with a co-conspirator to roll back and alter the odometers and resold the vehicles at a wholesale auto auction in Pennsylvania. Capicchioni also took steps to hide his odometer fraud scheme. He checked the Carfax public database to see if it included a mileage entry that was higher than the false, lower mileage to which he reset the odometer. When Carfax included a higher mileage, Capicchioni submitted to Carfax fraudulent documentation in the name of the vehicle’s prior owner, in order to have the higher mileage reading removed.
After Carfax discovered Capicchioni’s fraud scheme through an internal investigation, Carfax personnel alerted the Office of Odometer Fraud Investigation at the National Highway Traffic Safety Administration (NHTSA). NHTSA conducted additional investigation into the full scope of Capicchioni’s criminal activities, and Carfax continued to provide information and assistance throughout NHTSA’s investigation.
This case is being prosecuted by Trial Attorney John W. Burke with the Consumer Protection Branch of the U.S. Department of Justice.
STUDY SHOWS ROCKY MOUNTAIN WILDFLOWER SEASON HAS LENGTHENED
FROM: NATIONAL SCIENCE FOUNDATION
Rocky Mountain wildflower season lengthens by more than a month
39-year bloom count reveals changes attributed to warmer climate
A 39-year study of wildflower blooms in a Colorado Rocky Mountain meadow shows that more than two-thirds of alpine flowers have changed their blooming patterns in response to climate change.
Not only are half the flowers beginning to bloom weeks earlier, but more than a third are reaching their peak blooms earlier, and others are producing their last blooms later in the year.
The blooming season, which used to run from late May through early September, now lasts from late April to late September, according to University of Maryland ecologist David Inouye.
The wildflower records, made up of more than two million blooms, suggest that flowering plants' responses to climate change are more complex than previously believed, with different species responding in unexpected ways.
The combinations of flowering species that bloom together are changing, too, with potential effects on insects and birds.
Studies that focus only on the date of flowers' first blooms--as most do--understate these changes, says Inouye, co-author of a paper published in this week's issue of the journal Proceedings of the National Academy of Sciences (PNAS).
"Long-term data are essential to understanding every environmental challenge the world faces," says Saran Twombly, a program director in the National Science Foundation's (NSF) Division of Environmental Biology, which funded the research.
"This study relies on long-term data to drive home the fact that species' responses to climate change are complex."
Phenology, the study of the timing of seasonal events, is crucial to knowing how climate change affects plants, animals and the relationships that bind them into natural communities.
To answer these questions, phenologists are collecting new data and poring through old records, such as amateur naturalists' notebooks.
"Most studies rely on first dates of events like flowering or migration because they use historical data sets that were not intended as scientific studies," Inouye says.
"First flowering is easy to observe. You don't have to take the time to count flowers. So that's often the only information available.
"It's taken a lot of effort to get the comprehensive insights needed for this analysis, which helps us understand how ecological communities may change in the future."
By counting blooms in each of 30 plots every other day, up to five months per year, for four decades, Inouye and colleagues amassed a data set including more than two million flowers.
For the study, University of Arizona biologist Paul CaraDonna, University of Maryland biologist Amy Iler and Inouye analyzed data on the 60 most common species.
Bloom times are changing fast, the researchers found.
The date the first spring flower appears has advanced by more than six days per decade over the course of the study.
The spring peak, when masses of wildflowers burst into bloom, has moved up by five days per decade.
And the last flower of fall occurred about three days later every decade. "The flowering season is about one month longer than it used to be," Iler says, "which is a big change for a mountain ecosystem with a short growing season."
Of all the species that have changed their flowering schedules in some way, only 17 percent shifted their entire bloom cycles earlier. The rest showed more complicated changes.
"First flowering isn't always the best predictor of all the changes we find," CaraDonna says.
"There's a lot more going on than you can get from this single, simple measure. So, it's important to take a closer look to understand all the ways climate change affects these wildflower communities."
As the plants' bloom patterns continue to change, researchers expect that some plants that bloomed simultaneously will no longer overlap, and others will start blooming together for the first time.
Ecologists refer to these new combinations as "'no-analog' communities."
"We usually think of no-analog communities as something that happens when plants or animals move into areas where they haven't lived before, creating novel combinations of species," Iler says.
"For example, we have red foxes at our study site now. It used to be too cold for them in winter. Now the marmots that live there have to deal with a new predator.
"But this study shows that even when species don't actually move, changes in the timing of key events in their life cycles may also result in no-analog communities, where species may interact differently than before."
The changes are likely to have a strong effect--for better or worse--on pollinating insects and migratory birds.
For example, Inouye says, hummingbirds that summer in the Rocky Mountains time their nesting so their eggs hatch at peak wildflower bloom, when there is plenty of flower nectar for hungry chicks.
But as the bloom season lengthens, the plants are not producing more flowers. The same number of blooms is spread out over more days, so at peak bloom there may be fewer flowers.
Will there be enough food for the hummingbirds' young?
To find out, Inouye plans to fit adult hummingbirds with radio transmitters to study how they interact with this summer's blooms.
-NSF-
Rocky Mountain wildflower season lengthens by more than a month
39-year bloom count reveals changes attributed to warmer climate
A 39-year study of wildflower blooms in a Colorado Rocky Mountain meadow shows that more than two-thirds of alpine flowers have changed their blooming patterns in response to climate change.
Not only are half the flowers beginning to bloom weeks earlier, but more than a third are reaching their peak blooms earlier, and others are producing their last blooms later in the year.
The blooming season, which used to run from late May through early September, now lasts from late April to late September, according to University of Maryland ecologist David Inouye.
The wildflower records, made up of more than two million blooms, suggest that flowering plants' responses to climate change are more complex than previously believed, with different species responding in unexpected ways.
The combinations of flowering species that bloom together are changing, too, with potential effects on insects and birds.
Studies that focus only on the date of flowers' first blooms--as most do--understate these changes, says Inouye, co-author of a paper published in this week's issue of the journal Proceedings of the National Academy of Sciences (PNAS).
"Long-term data are essential to understanding every environmental challenge the world faces," says Saran Twombly, a program director in the National Science Foundation's (NSF) Division of Environmental Biology, which funded the research.
"This study relies on long-term data to drive home the fact that species' responses to climate change are complex."
Phenology, the study of the timing of seasonal events, is crucial to knowing how climate change affects plants, animals and the relationships that bind them into natural communities.
To answer these questions, phenologists are collecting new data and poring through old records, such as amateur naturalists' notebooks.
"Most studies rely on first dates of events like flowering or migration because they use historical data sets that were not intended as scientific studies," Inouye says.
"First flowering is easy to observe. You don't have to take the time to count flowers. So that's often the only information available.
"It's taken a lot of effort to get the comprehensive insights needed for this analysis, which helps us understand how ecological communities may change in the future."
By counting blooms in each of 30 plots every other day, up to five months per year, for four decades, Inouye and colleagues amassed a data set including more than two million flowers.
For the study, University of Arizona biologist Paul CaraDonna, University of Maryland biologist Amy Iler and Inouye analyzed data on the 60 most common species.
Bloom times are changing fast, the researchers found.
The date the first spring flower appears has advanced by more than six days per decade over the course of the study.
The spring peak, when masses of wildflowers burst into bloom, has moved up by five days per decade.
And the last flower of fall occurred about three days later every decade. "The flowering season is about one month longer than it used to be," Iler says, "which is a big change for a mountain ecosystem with a short growing season."
Of all the species that have changed their flowering schedules in some way, only 17 percent shifted their entire bloom cycles earlier. The rest showed more complicated changes.
"First flowering isn't always the best predictor of all the changes we find," CaraDonna says.
"There's a lot more going on than you can get from this single, simple measure. So, it's important to take a closer look to understand all the ways climate change affects these wildflower communities."
As the plants' bloom patterns continue to change, researchers expect that some plants that bloomed simultaneously will no longer overlap, and others will start blooming together for the first time.
Ecologists refer to these new combinations as "'no-analog' communities."
"We usually think of no-analog communities as something that happens when plants or animals move into areas where they haven't lived before, creating novel combinations of species," Iler says.
"For example, we have red foxes at our study site now. It used to be too cold for them in winter. Now the marmots that live there have to deal with a new predator.
"But this study shows that even when species don't actually move, changes in the timing of key events in their life cycles may also result in no-analog communities, where species may interact differently than before."
The changes are likely to have a strong effect--for better or worse--on pollinating insects and migratory birds.
For example, Inouye says, hummingbirds that summer in the Rocky Mountains time their nesting so their eggs hatch at peak wildflower bloom, when there is plenty of flower nectar for hungry chicks.
But as the bloom season lengthens, the plants are not producing more flowers. The same number of blooms is spread out over more days, so at peak bloom there may be fewer flowers.
Will there be enough food for the hummingbirds' young?
To find out, Inouye plans to fit adult hummingbirds with radio transmitters to study how they interact with this summer's blooms.
-NSF-
Saturday, March 22, 2014
CFTC CHARGES COMPANY, OWNER WITH ILLEGAL, OFF-EXCHANGE TRANSACTIONS
FROM: COMMODITY FUTURES TRADING COMMISSION
CFTC Charges Florida-Based Gold Distributors Inc. and Its Owner, Jordan Cain, with Engaging in Illegal, Off-exchange Commodity Transactions
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that it filed a civil injunctive enforcement action in the U.S. District Court for the Southern District of Florida against Defendants Gold Distributors Inc. (GDI) of Hallandale Beach, Florida, and its sole owner, Jordan Cain of Miami, Florida. The CFTC Complaint charges the Defendants with engaging in illegal, off-exchange financed transactions in precious metals with retail customers.
According to the Complaint, between January 2012 and February 2013, GDI and Cain solicited retail customers by telephone and in person to buy physical precious metals, such as gold and silver, in off-exchange leverage transactions. Customers paid GDI a portion of the purchase price for the metals, and another entity, AmeriFirst Management, LLC (AmeriFirst), financed the remainder of the purchase price, while charging the customers interest on the amount they purportedly loaned to customers, the Complaint alleges.
Retail customers engaging in financed transactions with GDI were told that they were borrowing money to purchase precious metals, according to the Complaint. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), financed transactions such as those conducted by GDI, are illegal off-exchange transactions unless they result in actual delivery of metal within 28 days. The Complaint alleges that GDI’s customers never took delivery of the precious metals they purportedly purchased.
The Complaint further alleges that when GDI engaged in these illegal transactions it was acting as a dealer for metals merchant AmeriFirst, which the CFTC charged with fraud and other violations in federal court in Florida on July 30, 2013 (see CFTC Press Release 6655-13). As alleged in the CFTC Complaint against AmeriFirst and the Complaint in this case, neither GDI nor AmeriFirst purchased or held metal on the customers’ behalf. The Complaint alleges that Defendants’ customers thus never owned, possessed, or received title to the physical commodities that they believed they purchased. Cain, as the owner, operator and controlling person of GDI, is liable for GDI’s violations of the Commodity Exchange Act and CFTC Regulations, according to the Complaint.
In its continuing litigation, the CFTC seeks disgorgement of ill-gotten gains, restitution for the benefit of defrauded customers, civil monetary penalties, permanent registration and trading bans, and a permanent injunction from future violations of federal commodities laws, as charged.
CFTC Division of Enforcement staff members responsible for this action are Nathan B. Ploener, Christopher Giglio, Lenel Hickson, Jr., and Manal M. Sultan.
CFTC Charges Florida-Based Gold Distributors Inc. and Its Owner, Jordan Cain, with Engaging in Illegal, Off-exchange Commodity Transactions
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that it filed a civil injunctive enforcement action in the U.S. District Court for the Southern District of Florida against Defendants Gold Distributors Inc. (GDI) of Hallandale Beach, Florida, and its sole owner, Jordan Cain of Miami, Florida. The CFTC Complaint charges the Defendants with engaging in illegal, off-exchange financed transactions in precious metals with retail customers.
According to the Complaint, between January 2012 and February 2013, GDI and Cain solicited retail customers by telephone and in person to buy physical precious metals, such as gold and silver, in off-exchange leverage transactions. Customers paid GDI a portion of the purchase price for the metals, and another entity, AmeriFirst Management, LLC (AmeriFirst), financed the remainder of the purchase price, while charging the customers interest on the amount they purportedly loaned to customers, the Complaint alleges.
Retail customers engaging in financed transactions with GDI were told that they were borrowing money to purchase precious metals, according to the Complaint. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), financed transactions such as those conducted by GDI, are illegal off-exchange transactions unless they result in actual delivery of metal within 28 days. The Complaint alleges that GDI’s customers never took delivery of the precious metals they purportedly purchased.
The Complaint further alleges that when GDI engaged in these illegal transactions it was acting as a dealer for metals merchant AmeriFirst, which the CFTC charged with fraud and other violations in federal court in Florida on July 30, 2013 (see CFTC Press Release 6655-13). As alleged in the CFTC Complaint against AmeriFirst and the Complaint in this case, neither GDI nor AmeriFirst purchased or held metal on the customers’ behalf. The Complaint alleges that Defendants’ customers thus never owned, possessed, or received title to the physical commodities that they believed they purchased. Cain, as the owner, operator and controlling person of GDI, is liable for GDI’s violations of the Commodity Exchange Act and CFTC Regulations, according to the Complaint.
In its continuing litigation, the CFTC seeks disgorgement of ill-gotten gains, restitution for the benefit of defrauded customers, civil monetary penalties, permanent registration and trading bans, and a permanent injunction from future violations of federal commodities laws, as charged.
CFTC Division of Enforcement staff members responsible for this action are Nathan B. Ploener, Christopher Giglio, Lenel Hickson, Jr., and Manal M. Sultan.
PRESIDENT OBAMA'S WEEKLY ADDRESS FOR MARCH 22, 2014
FROM: THE WHITE HOUSE
Weekly Address: Rewarding Women's Hard Work and Increasing the Minimum Wage
WASHINGTON, DC— In this week’s address, President Obama highlighted the importance of making sure our economy rewards the hard work of every American – including America’s women. The President reiterated his call for Congress to ensure that women earn equal pay for equal work and increase the minimum wage to $10.10, which would give nearly 28 million Americans the raise they deserve. He underscored his belief that providing opportunity for working women and families is the right thing to do for our economy, because when women succeed, America succeeds.
The audio of the address and video of the address will be available online atwww.whitehouse.gov at 6:00 a.m. ET, Saturday, March 22, 2014.
Remarks of President Barack Obama
Weekly Address
The White House
March 22, 2014
Weekly Address
The White House
March 22, 2014
Hi, everybody. This week, I visited a community college in Florida, where I spoke with students about what we need to do to make sure our economy rewards the hard work of every American.
More specifically, I spoke about making sure our economy rewards the hard work of women.
Today, women make up about half of our workforce, and more than half of our college graduates. More women are now their families’ main breadwinner than ever before.
But in a lot of ways, our economy hasn’t caught up to this new reality yet. On average, a woman still earns just 77 cents for every dollar a man does. And too many women face outdated workplace policies that hold them back – which in turn holds back our families and our entire economy.
A woman deserves to earn equal pay for equal work, and paid leave that lets you take a day off to care for a sick child or parent. Congress needs to act on these priorities.
And when women hold most lower-wage jobs in America, Congress needs to raise the minimum wage. Because no woman who works full-time should ever have to raise her children in poverty.
Now, the good news is that in the year since I first called on Congress to raise the minimum wage, six states have passed laws to raise theirs. More states, counties, and cities are working to raise their minimum wages as we speak. Small businesses like St. Louis-based Pi Pizzeria, are raising their wages too – not out of charity, but because it’s good for business. And by the way, Pi makes a really good pizza. And in this year of action, I signed an executive order requiring federal contractors to pay their employees a fair wage of at least ten dollars and ten cents an hour.
But if we’re truly going to reward the hard work of every American, Congress needs to join the rest of the country and pass a bill that would lift the federal minimum wage to ten dollars and ten cents an hour. This wouldn’t just raise wages for minimum wage workers – its effects would lift wages for nearly 28 million Americans across this country. It will give businesses more customers with more money to spend, and grow the economy for everybody. So call up your Member of Congress and let them know it’s time for “ten-ten.” It’s time to give America a raise.
A true opportunity agenda is one that works for working women. Because when women succeed, America succeeds. We do better when everyone participates, and when everyone who works hard has the chance to get ahead. That’s what opportunity means – and it’s why I’ll keep fighting to restore it.
Thanks, everybody, and have a great weekend.
U.S. EXTENDS WARM WISHES TO PEOPLE OF PAKISTAN ON ANNIVERSARY OF LAHORE RESOLUTION
FROM: U.S. STATE DEPARTMENT
74th Anniversary of the Lahore Resolution
Press Statement
John Kerry
Secretary of State
Washington, DC
March 22, 2014
On behalf of President Obama and the people of the United States, I extend warm wishes to the government and people of Pakistan on the 74th anniversary of the signing of the Lahore Resolution, which laid the foundation for Pakistan’s independence.
Building stronger ties with the people of Pakistan has long been a deep personal commitment of mine. I was privileged to sponsor what became known as the Kerry-Lugar-Berman bill in Congress, which provided significant economic assistance to the people of Pakistan beginning several years ago. And we continue to deepen our partnership with Pakistan today, as both of our nations work to build peace and prosperity in Pakistan and the region.
President Obama and I were pleased to welcome Prime Minister Nawaz Sharif to Washington last year, a visit that highlighted the strength of our relationship and our commitment to partnership. That’s why we reinvigorated our Strategic Dialogue based on shared priorities. And that’s why we will continue to work with Pakistan on areas of mutual interest, from combating the forces of extremism, to bolstering our economies and those of the region, to helping Pakistan address its energy challenges, to increasing access to education.
I have visited Pakistan many times, both as a Senator and as Secretary of State. I have experienced firsthand the extraordinary hospitality and friendship that the people of Pakistan have to offer. Our relationship is strong because our people-to-people ties with Pakistan are growing even stronger through the thousands of professional and academic exchanges that take place between our countries each year.
On this special day, we remember the message of “hope, courage, and confidence” the Quaid-e-Azam delivered to the Pakistani people in his Eid-ul-Azha Message in 1947. Together, we must face our challenges with the same hope and determination.
74th Anniversary of the Lahore Resolution
Press Statement
John Kerry
Secretary of State
Washington, DC
March 22, 2014
On behalf of President Obama and the people of the United States, I extend warm wishes to the government and people of Pakistan on the 74th anniversary of the signing of the Lahore Resolution, which laid the foundation for Pakistan’s independence.
Building stronger ties with the people of Pakistan has long been a deep personal commitment of mine. I was privileged to sponsor what became known as the Kerry-Lugar-Berman bill in Congress, which provided significant economic assistance to the people of Pakistan beginning several years ago. And we continue to deepen our partnership with Pakistan today, as both of our nations work to build peace and prosperity in Pakistan and the region.
President Obama and I were pleased to welcome Prime Minister Nawaz Sharif to Washington last year, a visit that highlighted the strength of our relationship and our commitment to partnership. That’s why we reinvigorated our Strategic Dialogue based on shared priorities. And that’s why we will continue to work with Pakistan on areas of mutual interest, from combating the forces of extremism, to bolstering our economies and those of the region, to helping Pakistan address its energy challenges, to increasing access to education.
I have visited Pakistan many times, both as a Senator and as Secretary of State. I have experienced firsthand the extraordinary hospitality and friendship that the people of Pakistan have to offer. Our relationship is strong because our people-to-people ties with Pakistan are growing even stronger through the thousands of professional and academic exchanges that take place between our countries each year.
On this special day, we remember the message of “hope, courage, and confidence” the Quaid-e-Azam delivered to the Pakistani people in his Eid-ul-Azha Message in 1947. Together, we must face our challenges with the same hope and determination.
AFTERMATH OF THE STORM OVER NEW ZEALAND
A powerful storm passed over New Zealand’s South Island in March 2014 and brought gale-force winds, torrential rains, and flooding to the city of Christchurch. A total of 74 millimeters (3 inches) of rain fell on March 4-5, according to MetService, New Zealand’s national meteorological service. More than 100 homes flooded and more than 4,000 lost power around the country’s third most populous city. Skies had cleared enough by March 6, 2014, for the Moderate Resolution Imaging Spectroradiometer (MODIS) on NASA’s Aqua satellite to acquire this image showing the aftermath. Coastal communities are becoming increasingly vulnerable to the risk of damage and danger from flooding. NASA and NOAA are together launching a new opportunity for citizens to work with us on the very important topic of coastal flooding. This coastal flooding challenge is part of NASA’s third International Space Apps Challenge - a two-day global mass collaboration event on April 12-13, 2014. During these two days, citizens around the world are invited to engage directly with NASA to develop awe-inspiring software, hardware, and data visualizations. Last year’s event involved more than 9,000 global participants in 83 locations. This year will introduce more than 60 robust challenges clustered in five themes: asteroids, Earth watch, human spaceflight, robotics, and space technology. The Coastal Inundation In Your Community challenge is one of four climate-related challenges using data provided by NASA, NOAA and EPA. > 2014 International Space Apps Challenge: Coastal Inundation in Your Community > NASA Invites Citizens to Collaborate on Coastal Flooding Challenge Image Credit: NASA - Jeff Schmaltz, LANCE/EOSDIS MODIS Rapid Response Team at NASA GSFC
EARLY VENOMOUS SNAKE FOSSILS FOUND IN AFRICA
FROM: NATIONAL SCIENCE FOUNDATION
Snakes Alive! NSF-funded researchers find oldest fossil evidence of modern African venomous snakes
Seasonal habitats may have given rise to active hunters earlier than previously reported
National Science Foundation (NSF)-funded researchers at Ohio University have found the oldest definitive fossil evidence of modern, venomous snakes in Africa. The newly discovered fossil was unearthed in the Rukwa Rift Basin of Tanzania. The research results were published in PLOS ONE.
The lead author, Jacob McCartney, and his coauthors note that these findings demonstrate that elapid snakes, such as cobras, kraits and sea snakes--were present in Africa as early as 25 million years ago.
Elapids belong to a larger group of snakes known as colubrids--active foragers that use a variety of methods, including venom to capture and kill prey.
The team was surprised to discover higher-than-expected concentrations of colubroid snakes, suggesting the local environment was more open and seasonally dry, thus more hospitable to these types of active hunting snakes that don't require cover to ambush prey like boas and pythons do.
They say it also points to a fundamental shift toward more rapid venom delivery mechanisms to exert very different pressures on the local fauna.
-- Dena Headlee, National Science Foundation
Snakes Alive! NSF-funded researchers find oldest fossil evidence of modern African venomous snakes
Seasonal habitats may have given rise to active hunters earlier than previously reported
National Science Foundation (NSF)-funded researchers at Ohio University have found the oldest definitive fossil evidence of modern, venomous snakes in Africa. The newly discovered fossil was unearthed in the Rukwa Rift Basin of Tanzania. The research results were published in PLOS ONE.
The lead author, Jacob McCartney, and his coauthors note that these findings demonstrate that elapid snakes, such as cobras, kraits and sea snakes--were present in Africa as early as 25 million years ago.
Elapids belong to a larger group of snakes known as colubrids--active foragers that use a variety of methods, including venom to capture and kill prey.
The team was surprised to discover higher-than-expected concentrations of colubroid snakes, suggesting the local environment was more open and seasonally dry, thus more hospitable to these types of active hunting snakes that don't require cover to ambush prey like boas and pythons do.
They say it also points to a fundamental shift toward more rapid venom delivery mechanisms to exert very different pressures on the local fauna.
-- Dena Headlee, National Science Foundation
EXPORT-IMPORT BANK SIGNS MEMORANDUM OF UNDERSTANDING TO CHANNEL $1 BILLION OF SUPPORT TO PHILIPPINES
FROM: EXPORT-IMPORT BANK
Ex-Im Bank Signs $1 Billion MOU with Philippine Department of Energy
Washington, DC – Patricia Loui, board of director for the Export-Import Bank of the United States (Ex-Im Bank), and Raul B. Aguilos, undersecretary for the Department of Energy (DOE) of the Republic of the Philippines, signed a $1 billion memorandum of understanding (MOU) at a ceremony in Manila Wednesday.
“The agreement will channel much needed support to the Philippines from the American private sector and thereby boost jobs here at home,” said Export-Import Bank Chairman and President Fred P. Hochberg. “The arrangement is a win-win for both our nations and evidences our deep ties and cooperation on numerous economic fronts.”
According to the MOU, Ex-Im Bank and the DOE will exchange information with an eye to matching development needs in the Philippines with innovative goods and services offered by American exporters.
More specifically, the MOU targets renewable-energy and LNG projects in the hopes of upgrading and expanding the Philippine energy supply in the wake of Typhoon Yolanda.
“Since 1993, Ex-Im Bank has provided $1.3 billion in energy-sector finance to the Philippines, but we aim to outdo ourselves and target another billion with this memorandum of understanding,” said Director Loui. “Our expertise can contribute both to the renovation of current energy-production facilities and the construction of new ones.”
In 1994, Ex-Im Bank financed the first project-finance transactions in the Philippines for geothermal energy: Cebu Geothermal for $170 million, and Mahanagdong Geothermal project for $211 million.
Ex-Im Bank Signs $1 Billion MOU with Philippine Department of Energy
Washington, DC – Patricia Loui, board of director for the Export-Import Bank of the United States (Ex-Im Bank), and Raul B. Aguilos, undersecretary for the Department of Energy (DOE) of the Republic of the Philippines, signed a $1 billion memorandum of understanding (MOU) at a ceremony in Manila Wednesday.
“The agreement will channel much needed support to the Philippines from the American private sector and thereby boost jobs here at home,” said Export-Import Bank Chairman and President Fred P. Hochberg. “The arrangement is a win-win for both our nations and evidences our deep ties and cooperation on numerous economic fronts.”
According to the MOU, Ex-Im Bank and the DOE will exchange information with an eye to matching development needs in the Philippines with innovative goods and services offered by American exporters.
More specifically, the MOU targets renewable-energy and LNG projects in the hopes of upgrading and expanding the Philippine energy supply in the wake of Typhoon Yolanda.
“Since 1993, Ex-Im Bank has provided $1.3 billion in energy-sector finance to the Philippines, but we aim to outdo ourselves and target another billion with this memorandum of understanding,” said Director Loui. “Our expertise can contribute both to the renovation of current energy-production facilities and the construction of new ones.”
In 1994, Ex-Im Bank financed the first project-finance transactions in the Philippines for geothermal energy: Cebu Geothermal for $170 million, and Mahanagdong Geothermal project for $211 million.
ACID MANUFACTURER SETTLES NITROGEN OXIDES EMISSIONS CASE
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, March 19, 2014
North America’s Largest Acid Manufacturer and Its Subsidiaries Agree to Slash Emissions and Reduce Air Pollution
LSB Industries Inc. (LSB), the largest merchant manufacturer of concentrated nitric acid in North America, and four of its subsidiaries have agreed to reduce harmful emissions of nitrogen oxides (NOx) by meeting emission limits that are among the lowest for the industry in the nation at plants in Alabama, Arkansas, Oklahoma and Texas, the U.S. Environmental Protection Agency (EPA) and Department of Justice announced today.
EPA estimates that the measures required by today’s settlement will reduce NOx emissions by more than 800 tons per year, directly benefitting surrounding communities, which include low-income and minority populations living near the Arkansas and Texas plants. The companies estimate that it will cost between $6.3 and $11.7 million to implement the measures required by the settlement.
“With today’s settlement, LSB and its subsidiaries are further improving the nitric acid manufacturing process and reducing harmful air pollution across four states,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “In response to the Clean Air Act and state law claims, the companies have taken a constructive and cooperative approach by agreeing to implement global operational changes and mitigate past emissions. These actions raise the bar for compliance in this industry sector.”
“This case is about cleaner air for people living in communities near manufacturing plants,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “LSB Industries has committed to dramatic cuts in air pollution and ensuring they are in compliance with the law. We expect others in the industry to recognize the imperative to adopt reforms and reduce pollution in communities where they operate.”
LSB and its four nitric acid producing subsidiaries will also pay a total penalty of $725,000 to resolve alleged violations of the Clean Air Act and applicable Oklahoma state law. In addition to paying the penalty, the companies must continuously monitor emissions and make any necessary operational improvements such as installing new pollution controls or upgrading current controls to meet the new NOx limits.
The settlement applies to the 10 nitric acid manufacturing plants owned or operated by the following Oklahoma City-based LSB subsidiaries: El Dorado Chemical Co., in El Dorado, Ark. (four plants); Cherokee Nitrogen Co. in Cherokee, Ala. (two plants); El Dorado Nitrogen Co. in Pryor, Okla. (three plants); and El Dorado Nitrogen Co. in Baytown, Texas (one plant). The complaint, filed concurrently with the settlement, alleges that the Cherokee, El Dorado and Pryor subsidiaries constructed or made modifications to their plants that resulted in increased emissions of NOx without first obtaining pre-construction permits and installing pollution controls. The complaint does not allege any violations regarding the Texas facility.
Today’s action is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including acid manufacturing facilities. High concentrations of NOx in the air can irritate the lungs and lower resistance to respiratory infections such as influenza. Continued or frequent exposure may cause increased incidence of acute respiratory illness in children. Further, airborne NOx can significantly contribute to acid rain and lead to the formation of smog.
The companies have also agreed to spend $150,000 to remediate and reforest ten acres of land with acidified soils located near El Dorado, Ark. NOx emissions, such as those from nitric acid plants, can contribute to soil acidification. The project will help to minimize erosion, reduce stormwater runoff, improve habitat for wildlife and capture carbon dioxide, a greenhouse gas.
The states of Oklahoma and Alabama are co-plaintiffs in today’s settlement and will receive a portion of the total penalty as follows: $206,250 will be paid to the Oklahoma Department of Environmental Quality and $156,250 will be paid to the Alabama Department of Environmental Management.
LSB, headquartered in Oklahoma City, Okla., is a major producer of nitrogen-based fertilizers, including anhydrous ammonia, urea and ammonium nitrate. The company owns and operates the largest fleet of concentrated nitric acid rail cars in the United States. LSB and its subsidiaries produce nitric acid for use in products that include herbicides, metal treatment, explosives and pharmaceuticals.
Wednesday, March 19, 2014
North America’s Largest Acid Manufacturer and Its Subsidiaries Agree to Slash Emissions and Reduce Air Pollution
LSB Industries Inc. (LSB), the largest merchant manufacturer of concentrated nitric acid in North America, and four of its subsidiaries have agreed to reduce harmful emissions of nitrogen oxides (NOx) by meeting emission limits that are among the lowest for the industry in the nation at plants in Alabama, Arkansas, Oklahoma and Texas, the U.S. Environmental Protection Agency (EPA) and Department of Justice announced today.
EPA estimates that the measures required by today’s settlement will reduce NOx emissions by more than 800 tons per year, directly benefitting surrounding communities, which include low-income and minority populations living near the Arkansas and Texas plants. The companies estimate that it will cost between $6.3 and $11.7 million to implement the measures required by the settlement.
“With today’s settlement, LSB and its subsidiaries are further improving the nitric acid manufacturing process and reducing harmful air pollution across four states,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “In response to the Clean Air Act and state law claims, the companies have taken a constructive and cooperative approach by agreeing to implement global operational changes and mitigate past emissions. These actions raise the bar for compliance in this industry sector.”
“This case is about cleaner air for people living in communities near manufacturing plants,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “LSB Industries has committed to dramatic cuts in air pollution and ensuring they are in compliance with the law. We expect others in the industry to recognize the imperative to adopt reforms and reduce pollution in communities where they operate.”
LSB and its four nitric acid producing subsidiaries will also pay a total penalty of $725,000 to resolve alleged violations of the Clean Air Act and applicable Oklahoma state law. In addition to paying the penalty, the companies must continuously monitor emissions and make any necessary operational improvements such as installing new pollution controls or upgrading current controls to meet the new NOx limits.
The settlement applies to the 10 nitric acid manufacturing plants owned or operated by the following Oklahoma City-based LSB subsidiaries: El Dorado Chemical Co., in El Dorado, Ark. (four plants); Cherokee Nitrogen Co. in Cherokee, Ala. (two plants); El Dorado Nitrogen Co. in Pryor, Okla. (three plants); and El Dorado Nitrogen Co. in Baytown, Texas (one plant). The complaint, filed concurrently with the settlement, alleges that the Cherokee, El Dorado and Pryor subsidiaries constructed or made modifications to their plants that resulted in increased emissions of NOx without first obtaining pre-construction permits and installing pollution controls. The complaint does not allege any violations regarding the Texas facility.
Today’s action is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including acid manufacturing facilities. High concentrations of NOx in the air can irritate the lungs and lower resistance to respiratory infections such as influenza. Continued or frequent exposure may cause increased incidence of acute respiratory illness in children. Further, airborne NOx can significantly contribute to acid rain and lead to the formation of smog.
The companies have also agreed to spend $150,000 to remediate and reforest ten acres of land with acidified soils located near El Dorado, Ark. NOx emissions, such as those from nitric acid plants, can contribute to soil acidification. The project will help to minimize erosion, reduce stormwater runoff, improve habitat for wildlife and capture carbon dioxide, a greenhouse gas.
The states of Oklahoma and Alabama are co-plaintiffs in today’s settlement and will receive a portion of the total penalty as follows: $206,250 will be paid to the Oklahoma Department of Environmental Quality and $156,250 will be paid to the Alabama Department of Environmental Management.
LSB, headquartered in Oklahoma City, Okla., is a major producer of nitrogen-based fertilizers, including anhydrous ammonia, urea and ammonium nitrate. The company owns and operates the largest fleet of concentrated nitric acid rail cars in the United States. LSB and its subsidiaries produce nitric acid for use in products that include herbicides, metal treatment, explosives and pharmaceuticals.
NIGHT DECK LANDING QUALIFICATIONS ABOARD THE USS MOUNT WHITNEY
MEDITERRANEAN SEA (March 19, 2014)
A MH-60S Sea Hawk helicopter assigned to Helicopter Sea Combat Squadron (HSC) 28 conducts night deck landing qualifications aboard the amphibious command ship USS Mount Whitney (LCC 20) while the ship is underway in the Mediterranean Sea. Mount Whitney, homeported in Gaeta, Italy, is the U.S. 6th Fleet flagship and operates with a combined crew of U.S. Sailors and Military Sealift Command civil service mariners. U.S. Navy photo by Mass Communication Specialist 1st Class Collin Turner (Released) 140319-N-PE825-086.
Friday, March 21, 2014
FORMER PRESIDENT RUSSIAN STEEL PRODUCER SUBSIDIARY INDICTED FOR HIDING ASSETS IN SWISS BANK ACCOUNTS
FROM: U.S. JUSTICE DEPARTMENT
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, March 21, 2014
Former President of Russian Steel Producer’s U.S. Subsidiary Indicted for Hiding Assets in Secret Swiss Bank Accounts
Victor Lipukhin, formerly a resident of St. Charles, Ill., was indicted yesterday by a federal grand jury in Kansas City, Mo., for attempting to interfere with the administration of the internal revenue laws and filing false tax returns, the Justice Department and Internal Revenue Service (IRS) announced today. The charges relate to Lipukhin hiding millions of dollars in several Swiss bank accounts held at UBS AG.
According to the indictment, Lipukhin formerly served as president of Severstal Inc. (USA), a subsidiary of AO Severstal, the largest steel producer in Russia. He lived in St. Charles from at least 2001 through mid-2007.
Lipukhin, a Russian citizen and former lawful permanent U.S. resident, kept between approximately $4,000,000 and $7,500,000 in assets in two bank accounts with UBS in Switzerland from at least 2002 through 2007. In 2002, he and another individual opened a UBS bank account in the name of Old Orchard, a sham Bahamian entity. The account was initially funded with over $47,000,000 transferred into the account from a previously maintained UBS account in the Bahamas. In 2003, the other individual left the account, leaving Lipukhin as the sole owner and signatory. Lipukhin also maintained another account at UBS in Switzerland in the name of Lone Star, another sham Bahamian entity. He directed virtually all transactions in the accounts, typically through a Bahamian national who served as the nominee director of the Old Orchard and Lone Star entities to help conceal Lipukhin’s ownership and control. However, he failed to report his ownership of these accounts and failed to report any income earned in these accounts on his tax returns.
According to the indictment, in order to further conceal his ownership of the undisclosed UBS accounts, Lipukhin utilized fictitious mortgages through an entity called Dapaul Management, controlled by a Canadian attorney, to conceal his purchase of real estate in the United States with funds from the UBS accounts. This includes his purchase of a historic building at 18 N. Fourth St, in St. Charles, Ill., for $900,000 in the name of Charlestal LLC, a domestic entity controlled by Lipukhin. He also transferred funds from his UBS accounts to the Canadian attorney for ultimate transfer to a domestic Charlestal bank account in order to conceal the source of the funds, then used the funds in the Charlestal account to pay for various personal expenses and to withdraw cash for personal use. Finally, Lipukhin impeded the administration of Internal Revenue laws by attempting to prevent an automobile dealer from filing a Form 8300 – which is required for certain cash transactions over $10,000 – with the IRS in order to report Lipukhin’s cash payment to purchase an automobile.
An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Lipukhin faces a potential maximum sentence of three years imprisonment on each count.
U.S. citizens and permanent residents are required to report income from any source on their tax returns, regardless of whether the source of the income is inside or outside the United States. Further, U.S. taxpayers who have an interest in, or signature or other authority over, a financial account in a foreign country with assets in excess of $10,000 are also required to disclose the existence of the account on Schedule B, Part III of an individual income tax return. They must also disclose the existence of the account by filing a Report of Foreign Bank and Financial Accounts with the U.S. Treasury.
Assistant Attorney General Kathleen Keneally of the Tax Division commended the agents from IRS –Criminal Investigation who investigated the case and Trial Attorney Timothy J. Stockwell of the Tax Division, who is prosecuting the case.
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, March 21, 2014
Former President of Russian Steel Producer’s U.S. Subsidiary Indicted for Hiding Assets in Secret Swiss Bank Accounts
Victor Lipukhin, formerly a resident of St. Charles, Ill., was indicted yesterday by a federal grand jury in Kansas City, Mo., for attempting to interfere with the administration of the internal revenue laws and filing false tax returns, the Justice Department and Internal Revenue Service (IRS) announced today. The charges relate to Lipukhin hiding millions of dollars in several Swiss bank accounts held at UBS AG.
According to the indictment, Lipukhin formerly served as president of Severstal Inc. (USA), a subsidiary of AO Severstal, the largest steel producer in Russia. He lived in St. Charles from at least 2001 through mid-2007.
Lipukhin, a Russian citizen and former lawful permanent U.S. resident, kept between approximately $4,000,000 and $7,500,000 in assets in two bank accounts with UBS in Switzerland from at least 2002 through 2007. In 2002, he and another individual opened a UBS bank account in the name of Old Orchard, a sham Bahamian entity. The account was initially funded with over $47,000,000 transferred into the account from a previously maintained UBS account in the Bahamas. In 2003, the other individual left the account, leaving Lipukhin as the sole owner and signatory. Lipukhin also maintained another account at UBS in Switzerland in the name of Lone Star, another sham Bahamian entity. He directed virtually all transactions in the accounts, typically through a Bahamian national who served as the nominee director of the Old Orchard and Lone Star entities to help conceal Lipukhin’s ownership and control. However, he failed to report his ownership of these accounts and failed to report any income earned in these accounts on his tax returns.
According to the indictment, in order to further conceal his ownership of the undisclosed UBS accounts, Lipukhin utilized fictitious mortgages through an entity called Dapaul Management, controlled by a Canadian attorney, to conceal his purchase of real estate in the United States with funds from the UBS accounts. This includes his purchase of a historic building at 18 N. Fourth St, in St. Charles, Ill., for $900,000 in the name of Charlestal LLC, a domestic entity controlled by Lipukhin. He also transferred funds from his UBS accounts to the Canadian attorney for ultimate transfer to a domestic Charlestal bank account in order to conceal the source of the funds, then used the funds in the Charlestal account to pay for various personal expenses and to withdraw cash for personal use. Finally, Lipukhin impeded the administration of Internal Revenue laws by attempting to prevent an automobile dealer from filing a Form 8300 – which is required for certain cash transactions over $10,000 – with the IRS in order to report Lipukhin’s cash payment to purchase an automobile.
An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Lipukhin faces a potential maximum sentence of three years imprisonment on each count.
U.S. citizens and permanent residents are required to report income from any source on their tax returns, regardless of whether the source of the income is inside or outside the United States. Further, U.S. taxpayers who have an interest in, or signature or other authority over, a financial account in a foreign country with assets in excess of $10,000 are also required to disclose the existence of the account on Schedule B, Part III of an individual income tax return. They must also disclose the existence of the account by filing a Report of Foreign Bank and Financial Accounts with the U.S. Treasury.
Assistant Attorney General Kathleen Keneally of the Tax Division commended the agents from IRS –Criminal Investigation who investigated the case and Trial Attorney Timothy J. Stockwell of the Tax Division, who is prosecuting the case.
U.S. DEFENSE SECRETARY HAGEL PRAISES RESTRAINT OF UKRAINE
DEFENSE SECRETARY HAGEL
Hagel Praises Ukrainian Restraint in Call With Defense Minister
American Forces Press Service
WASHINGTON, March 21, 2014 – In a phone conversation with Ukrainian Defense Minister Ihor Tenyukh today, Defense Secretary Chuck Hagel repeated his praise for the restraint demonstrated by Ukrainian forces in Crimea and commended Tenyukh’s leadership, Pentagon Press Secretary Navy Rear Adm. John Kirby said.
"For his part, Minister Tenyukh updated Secretary Hagel on the situation in Crimea and throughout the country,” Kirby said in a statement summarizing the 35-minute call. Hagel reaffirmed U.S. support for Ukraine and stressed that officials are actively reviewing Ukraine's request for military assistance materials, he added.
"Both leaders agreed on the need to find a diplomatic, peaceful resolution to this crisis," Kirby said, and Hagel agreed to stay in close contact with Tenyukh going forward.
Hagel Praises Ukrainian Restraint in Call With Defense Minister
American Forces Press Service
WASHINGTON, March 21, 2014 – In a phone conversation with Ukrainian Defense Minister Ihor Tenyukh today, Defense Secretary Chuck Hagel repeated his praise for the restraint demonstrated by Ukrainian forces in Crimea and commended Tenyukh’s leadership, Pentagon Press Secretary Navy Rear Adm. John Kirby said.
"For his part, Minister Tenyukh updated Secretary Hagel on the situation in Crimea and throughout the country,” Kirby said in a statement summarizing the 35-minute call. Hagel reaffirmed U.S. support for Ukraine and stressed that officials are actively reviewing Ukraine's request for military assistance materials, he added.
"Both leaders agreed on the need to find a diplomatic, peaceful resolution to this crisis," Kirby said, and Hagel agreed to stay in close contact with Tenyukh going forward.
U.S. "DEEPLY CONCERNED" ABOUT TURKISH GOVERNMENT BLOCKING TWITTER
FROM: THE WHITE HOUSE
Statement by the Press Secretary on Blocking of Twitter in Turkey
The United States is deeply concerned that the Turkish government has blocked its citizens’ access to basic communication tools. We oppose this restriction on the Turkish people’s access to information, which undermines their ability to exercise freedoms of expression and association and runs contrary to the principles of open governance that are critical to democratic governance and the universal rights that the United States stands for around the world. We have conveyed our serious concern to the Turkish government, urge Turkish authorities to respect the freedom of the press by permitting the independent and unfettered operation of media of all kinds, and support the people of Turkey in their calls to restore full access to the blocked technologies.
Statement by the Press Secretary on Blocking of Twitter in Turkey
The United States is deeply concerned that the Turkish government has blocked its citizens’ access to basic communication tools. We oppose this restriction on the Turkish people’s access to information, which undermines their ability to exercise freedoms of expression and association and runs contrary to the principles of open governance that are critical to democratic governance and the universal rights that the United States stands for around the world. We have conveyed our serious concern to the Turkish government, urge Turkish authorities to respect the freedom of the press by permitting the independent and unfettered operation of media of all kinds, and support the people of Turkey in their calls to restore full access to the blocked technologies.
Subscribe to:
Posts (Atom)