Wednesday, August 20, 2014

SEC MAKES FRAUD CHARGES INVOLVING SMART-PHONE APP TECHNOLOGY

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

Securities and Exchange Commission v. Heidi Ann Gamer, Gamer Economic Systems, LLC, and Gamer Media Partners Corp., Civil Action No. 1:14-cv-02650-ODE (N.D. Ga.)

SEC Charges Colorado Resident with Offering Fraud Involving Smart-Phone App Technology


On August 15, 2014, the Securities and Exchange Commission ("SEC") filed an action in federal court in Atlanta charging a Colorado Springs, Colorado resident and her two companies with running a $771,900 offering fraud targeting investors in various states. Victims of the scheme included, among others, individuals who participated in substance-abuse support programs.

Investors were told that funds raised would be used by the companies to acquire interactive technology licensing rights for products such as smart-phone applications, or "apps," that the companies planned to develop and market. False statements about contracts and licensing deals that did not exist also were used to solicit investors. Throughout the fraud, significant amounts of investor funds were diverted for such non-business expenses as casino gambling, vacation travel, and shopping.
Named in the Complaint are:
  • Heidi Ann Gamer ("Gamer"), 41, a resident of Colorado Springs, Colorado;
     
  • Gamer Economic Systems, LLC ("GES"), a Colorado limited liability company based in Colorado Springs, Colorado for which Gamer served as CEO; and
     
  • Gamer Media Partners Corp. ("GMS"), a Georgia corporation based in Atlanta for which Gamer also served as CEO.
The Complaint alleges:
  • Beginning in 2011, Gamer began soliciting individuals for investments in GES, telling them that funds raised would be used as operating capital. Gamer falsely told prospective investors that GES had secured licensing rights for certain products. After investors provided their funds, Gamer diverted sizeable portions of the monies raised for her personal expenses, including gambling in Las Vegas and a vacation in Mexico.
     
  • In 2012, Gamer moved to Atlanta, where she created GMP and offered and sold GMP shares in exchange for investor funds which she again claimed would be used for company operating expenses. Gamer also told prospective investors that GMP had secured high-dollar contracts with a movie studio, a college and the Atlanta Falcons football team. No such finalized deals or funding existed. Gamer again diverted investor funds for her personal use, including her condominium rent, pet grooming, and to help send an acquaintance to a private California weight-loss resort. Ultimately, Gamer raised from investors approximately $400,500 through GES and $371,400 through GMP, respectively. Among those targeted by Gamer's scheme were friends and acquaintances, some of whom Gamer met through substance-abuse support programs.
The complaint alleges that Gamer, GES and GMP by virtue of their conduct, directly or indirectly, violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, thereunder, and seeks injunctive relief, disgorgement of ill-gotten gains with pre-judgment interest and penalties against each of the defendants.
The SEC's investigation was conducted by Brian M. Basinger with assistance from Stephen E. Donahue and Robert F. Schroeder in the Atlanta Regional Office. The Commission acknowledges the assistance and cooperation of the Massachusetts Securities Division.


U.S. CYBER COMMAND EXPANDING

FROM:  U.S. DEFENSE DEPARTMENT 
Rogers: Cybercom Defending Networks, Nation
By Cheryl Pellerin
DoD News, Defense Media Activity

FORT MEADE, Md., Aug. 18, 2014 – U.S. Cyber Command continues to expand its capabilities and capacity, Navy Adm. Mike Rogers said Aug. 14.
The Cybercom commander was speaking during an interview at the NSA headquarters building here. Rogers is also director of the National Security Agency and chief of the Central Security Service.

“The decision to create [Cybercom] was a … recognition of a couple things. No. 1, the increasing importance of the cyber domain and the cyber mission set in Department of Defense operations in the 21st century,” Rogers said.

Such a command would add to the department’s ability to protect and defend its networks, and give policymakers and operational commanders a broader range of options, he said.

The second consideration involved DoD’s mission to defend the nation, coupled with the potential of nation-states, groups and individuals to conduct offensive cyber activities against critical U.S. infrastructure.

In that scenario, the admiral said, defense officials thought it was likely the president would “turn to the secretary of defense and say, ‘In your mission to defend the nation, I need you to do the same thing here in the cyber arena against this mission set critical to U.S. infrastructure, and I need an organization capable of doing that.’”

These conditions led the department to realize the need to create a traditional warfighting organization capable of executing a spectrum of cyberspace missions, Rogers said.

And, he added, they knew they needed to do so “with a dedicated professionalized workforce. This is not a pickup game where you just come casually to it.”
Rogers said he focuses on five priorities for Cybercom.

These are to build a trained and ready cyber force, put tools in place that create true situational awareness in cyberspace, create command-and-control and operational concepts to execute the mission, build a joint defensible network, and ensure Cybercom has the right policies and authorities that allow it to execute full-spectrum operations in cyberspace.

Making progress is important to Rogers, who characterized his ultimate goal as bringing Cybercom to a level where it’s every bit as trained and ready as any carrier strike group in the U.S. Central Command area of responsibility or any brigade combat team on the ground in Afghanistan.

“My objective during my time as the commander, first and foremost,” the admiral said, “is to ensure that we have brought to fruition the operational vision in cyber … [to make sure] it’s something real, it’s something tangible, and it is operationally ready to execute its assigned missions.”

That is happening as Cybercom brings its warfighting capability online, with the services generating a total cyber mission force of about 6,000 people by 2016, all trained to the same high standard and aligned in 133 teams with three core missions:

-- The Cyber National Mission Force, when directed, is responsible for defending the nation’s critical infrastructure and key resources.

-- The Cyber Combat Mission Force provides cyber support to combatant commanders across the globe; and
-- The Cyber Protection Force operates and defends the DoD information network, or DoDIN.

Defending the DoDIN is the focus of a partnership in progress with the Defense Information Systems Agency, or DISA.

The agency provides command and control and information-sharing capabilities and a globally accessible enterprise information infrastructure to warfighters, the president and national leaders, and other mission and coalition partners.
DISA, Rogers points out, is also a combat support agency.

The agency reports to acting DoD Chief Information Officer Terry Halvorsen, and its director is Air Force Lt. Gen. Ronnie D. Hawkins Jr.

“I have always believed … that we need to integrate operations and networks and our defensive workforce into one team,” Rogers said, “and that you are more effective in operating a network and in defending a network when you do it with one integrated approach.”

As a result, Rogers’ team decided they needed to create a relationship with DISA, he said, adding, “At the moment there’s no formal [command and control] line between us, but we’re in the process of creating one.”

As part of that process Rogers collaborates with Halvorsen and Hawkins.
“What I think we need to do,” he said during their meeting, “is create an operational construct that creates a direct linkage [between] U.S. Cyber Command, DISA and U.S. Cyber Command service components.”

It’s critical that the relationship includes the service components, Rogers said, “Because, under the current network structure today, those networks are largely run by [the] services. So we’ve got to create a relationship between DISA and the services that is very operational because you’ve got to maneuver networks, you’ve got to react to changes, and you can’t do that in a static kind of environment.”
He added, “We're in the process of doing that and I expect to roll it out in the fall. … You’ll hear it referred to as JFHQ DoDIN,” he said, or Joint Force Headquarters DoD Information Networks.

Rogers said that he, Halvorsen and Hawkins agree, this is the future of DISA.
“[DISA] will operate on the networks. They'll be part of our defensive effort so they will be out operating on the networks just like us,” he added.

“One of the core missions is the defense of the DoDIN,” Rogers said. “The forces associated with that mission will be assigned to DISA, to the services [and] to the combatant commanders.” So, he added, DISA will have operational control over some of the cyber mission force to help execute their mission.

Another of Rogers’ priorities for Cybercom is to help develop a common situational awareness of “what’s happening in DoD networks,” he said.

The commander highlighted the need for speed and agility in the cyber arena, adding, “If you can’t visualize what you’re doing … you’re not going to be fast or as agile, and thus arguably not as effective as you need to be.”

Rogers said, “As an operational commander I am used to the idea of walking into a command center, looking at a visual depiction that through symbology, color and geography enables me to very quickly come to a sense of what's happening in this space. We are not there yet in the cyber arena.”

Establishing situational awareness in the cyber realm is a combination of technology and capability, the admiral said, and determining what knowledge is needed and what elements contribute to that.

“Is what U.S. Cyber Command needs to know about what's going on in the network world the same thing as a strike group commander needs in the Western Pacific? The same thing an Air Force air wing needs in Minot, North Dakota? The same thing a brigade combat team needs in Afghanistan? It will vary, so we've got to create a system that you can tailor to the needs of each commander,” he said.
Rogers noted there are many ongoing efforts to improve situational awareness, pointing out the need to work collaboratively to fix the problem.

“We do have some tools right now,” he added. “They’re just not as mature and comprehensive as I'd like them to be.”
Cyber is foundational to the future, the admiral said, and he often comments to his fellow operational commanders that cyber is a mission they have to own.
“The wars of the 20th century taught most warfighting professionals that, no matter what you do, a good foundational knowledge of logistics is probably going to stand you in good stead,” Rogers explained.

In the 21st century, he added, operational commanders may find that, regardless of their mission, they will need a sense of what’s going on in their networks, where they’re taking risk, and the impact of network structure and activities on their ability to execute the mission.

“It’s not something you turn to your communications officer … or your CIO and say, ‘I don't really understand this. Go out and do some of that for me.’ That isn't going to get us where we need to go,” the admiral said.

Rogers elaborated on the need for Cybercom to be ready.

During his time as Cybercom commander, he said he expects that a nation-state, group or individual will attempt to engage in offensive, destructive capability against critical U.S. infrastructure, from the power grid to the financial sector.
The Presidential Policy Directive for Critical Infrastructure Security and Resilience outlines 16 designated U.S. Critical Infrastructure sectors.
Rogers says he tells his team they have to be ready to respond to such a call. But for an attack on the United States, Cybercom will support the Department of Homeland Security, which is the lead agency for broader security protections associated with critical infrastructure, and partner with the FBI, which is the lead agency for domestic attacks and law enforcement.

“Our biggest focus really is going to be bringing our capabilities to bear to attempt to interdict the attack before it ever gets to us,” the admiral said.

“Failing that,” he continued, “we'll probably also have some measure of capability that we can provide to work directly with those critical infrastructure networks to help address the critical vulnerabilities and where the networks could use stronger defensive capability.”

To prepare for such interagency collaboration in the event of a domestic cyberattack, the command trains as it will fight, Rogers said.

“In the military I'm used to the idea that you train like you fight. So we exercise [and] we replicate the things we think are going to occur in a combat scenario,” the admiral said. “I want to do the exact same thing with the same set of teammates I'm going to operate with if we get the order to do so.”

The department and Cybercom already do internal exercises, he said, as well as ongoing interagency exercises such as Cyber Guard, in which elements of the National Guard, reserves, NSA and Cybercom exercise their support to DHS and FBI responses to foreign-based attacks on simulated critical infrastructure networks.

The whole-of-government exercise, completed June 17, was designed to test operational and interagency coordination and tactical-level operations to prevent, mitigate and recover from a domestic cyber incident.

Cyber Guard is a good example, Rogers said, “but I want to build on that. DHS and FBI were there but I think we can do even more.”

Information sharing and partnerships with the critical infrastructure sectors is an important aspect of enabling Cybercom to more effectively interdict and stop an attack, if directed to do so by the president and defense secretary, he added.
The cyber threat is growing increasingly complex, the Cybercom commander said, and a more diverse set of actors is involved in the mission set, “from nation-states that continue to increase their capabilities, to groups, to individuals.”

In broad terms, he added, “you don’t see a crisis in the world today that doesn’t have a cyber aspect to it.”

For that reason and others, the ultimate construct of Cybercom must be flexible, the admiral said.

“If you want to develop full-range capabilities and generate the maximum flexibility for their application, you’ve got to build a construct that recognizes we’re going to be supported sometimes, we’re going to be supporting other times, and sometimes we’re going to be doing both simultaneously,” Rogers said.
In one scenario Cybercom might be helping the commander in the Pacific, he said, and “at the same time we might be driving efforts to secure the U.S. financial infrastructure … and trying to support U.S. Central Command.

“It’s just the nature of things,” Rogers said, “because cyber is so global and so foundational.”


DRUG ORGS PATRIARCH PLEADS GUILTY FOR ROLE IN COCAINE IMPORT CONSPIRACY

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, August 18, 2014
Former Patriarch of the Lorenzana Drug Trafficking Organization Pleads Guilty to Drug Conspiracy Charges

Waldemar Lorenzana Sr., 75, the patriarch of the Lorenzana drug trafficking organization in Guatemala, pleaded guilty today to conspiracy to import over 450 kilograms of cocaine into the United States.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting Special Agent in Charge Robert W. Patterson of the Drug Enforcement Agency’s (DEA) Special Operations Division made the announcement.   The guilty plea was entered by U.S. District Judge Colleen Kollar-Kotelly in the District of Columbia.

“For more than a decade, the Lorenzana drug trafficking operation received, stored, and transported massive quantities of cocaine for distribution in the United States,” said Assistant Attorney General Caldwell.   “The kingpin and patriarch of this family has now been extradited and convicted in the United States, and two of his sons are currently awaiting extradition from Guatemala.   This case once again affirms the Justice Department’s unwavering commitment to working with our international law enforcement partners to bring transnational drug traffickers, wherever they may reside, to justice for their crimes.”

“For years, members of the Lorenzana family smuggled cocaine to the United States with impunity,” said Acting Special Agent in Charge Patterson.  “The indictment, extradition and conviction of Waldemar Lorenzana, and the pending extradition of other members of his family, proves once again that no one is above the law when international partners cooperate.  This investigation could never have been brought to fruition without the unwavering support of our law enforcement colleagues and is another great example of international coordination.”

According to the superseding indictment, from March 1996 to April 2009, Lorenzana Sr. and three of his sons conspired to distribute multi-ton quantities of cocaine within Guatemala and elsewhere, knowing that the narcotics would be illegally imported into the United States for distribution.   As described in further court documents, the Lorenzana drug trafficking organization worked with drug trafficking organizations in Colombia and Mexico to transport shipments of cocaine by go-fast boats and airplanes to El Salvador and Guatemala for distribution to cities within the United States.   Lorenzana Sr. was arrested by Guatemalan authorities on April 26, 2011, detained in Guatemala, and extradited to the United States in March 2014.   Sentencing will be scheduled at a later date.

The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.

The investigation was led by the DEA’s 959/Bilateral Investigations Unit and Guatemala City Country Office and was part of the Organized Crime Drug Enforcement Task Force.  The case is being prosecuted by Trial Attorneys Amanda Liskamm, Adrian Rosales and Michael Lang of the Criminal Division’s Narcotic and Dangerous Drug Section.   The Criminal Division’s Office of International Affairs provided significant assistance in the extradition.   The Department expresses its gratitude and appreciation to the government of Guatemala for its assistance in this matter.

Tuesday, August 19, 2014

DOD VIDEO: HAGEL THANKS CREWS FOR ACTIONS OVER IRAQ


U.S. DEFENSE DEPARTMENT CONTRACTS FOR AUGUST 19, 2014

FROM:  U.S. DEFENSE DEPARTMENT 
CONTRACTS
DEFENSE LOGISTICS AGENCY
Sysco Raleigh, Selma, North Carolina, has been awarded a maximum $281,250,000 fixed-price with economic-price-adjustment contract for prime vendor food and beverage support. This contract was a competitive acquisition, and five offers were received. This is a two-year base contract, with one one-year option and one two-year option periods. Location of performance is North Carolina, with a July 16, 2016, performance completion date. Using military services are Army, Navy, Air Force and Marine Corps. Type of appropriation is fiscal 2014 through fiscal 2015 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE300-14-D-3030).
NAVY
Data Link Solutions, LLC, Cedar Rapids, Iowa, is being awarded a $124,326,550 modification under a previously awarded multiple award contract (N00039-10-D-0031) increasing the scope authorized to perform all of the necessary design and development work required to bring Tactical Targeting Network Technology (TTNT) capability to the Multifunctional Information Distribution System (MIDS) Joint Tactical Radio System (JTRS) terminal and to achieve a successful critical design review. MIDS JTRS is a pre-planned product improvement replacement, transforming the MIDS low volume terminal into a four-channel, software- communications architecture-compliant JTRS terminal, while maintaining current Link-16 and tactical air navigation capability. TTNT will significantly increase operational Link-16 networks’ capacities, improve network performance, and provide more capable and flexible Link-16 network designs for the warfighter. Work will be performed in Wayne, New Jersey (30 percent), and Cedar Rapids, Iowa (70 percent), and is expected to be completed by Aug. 19, 2017. Fiscal 2014 research, development, test and evaluation funds in the amount of $11,600,000 will be placed on contract and obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. The Space and Naval Warfare Systems Command, San Diego, California, is the contracting activity.
ViaSat, Inc., Carlsbad, California, is being awarded a $72,673,450 modification under a previously awarded multiple award contract (N00039-10-D-0032) increasing the scope authorized to perform all of the necessary design and development work required to bring tactical targeting network technology (TTNT) capability to the Multifunctional Information Distribution System (MIDS) Joint Tactical Radio System (JTRS) Terminal for a successful critical design review. MIDS JTRS is a pre-planned product improvement replacement that transforms the MIDS low volume terminal into a four-channel, software-communications architecture-compliant JTRS terminal, while maintaining current Link-16 and tactical air navigation capability. TTNT will significantly increase operational Link-16 networks’ capacities, improve network performance, and provide more capable and flexible Link-16 network designs for the warfighter. Work will be performed in Carlsbad, California, and is expected to be completed by Aug. 19, 2017. Fiscal 2014 research, development, test and evaluation funds in the amount of $11,600,000 will be placed on contract and obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. The Space and Naval Warfare Systems Command, San Diego, California, is the contracting activity.
Epsilon Systems Solutions Inc.,* San Diego, California, is being issued a $16,063,920 cost-plus-fixed-fee, cost-reimbursement contract to provide intermediate-level support to the Southwest Regional Maintenance Center in San Diego, California. The contract will provide professional and engineering support services, to include support to the product family departments in the areas of production operations, corrosion control, engines, machine, combat systems, production control, and offsite repair. This contract includes options which, if exercised, will bring the cumulative value of this contract to $84,979,741. Work will be performed in San Diego, California, and is expected to be completed by August 2019. Fiscal 2014 operations and maintenance (Navy) contract funds in the amount of $16,063,920 will be obligated at the time of award and will expire at the end of the current fiscal year. This contract was competitively procured via the Federal Business Opportunities website, with two offers received. The Southwest Regional Maintenance Center, San Diego, California, is the contracting activity (N55236-14-C-0014).
ARMY
Sikorsky Aircraft Corp., Stratford, Connecticut, was awarded a $30,351,927 modification (P00072) to foreign military sales contract (Saudi Arabia) W58RGZ-12-C-0008 for 12 UH-60M Black Hawk helicopters for the Saudi Arabian National Guard. Fiscal 2014 other procurement (Army) funds in the amount of $30,351,927 were obligated at the time of the award. Estimated completion date is Aug. 31, 2017. Work will be performed in Jupiter, Florida, and Stratford, Connecticut. Army Contracting Command, Redstone Arsenal, Alabama, is the contracting activity.
General Dynamics Ordnance Tactical Systems, Scranton, Pennsylvania, was awarded an $8,420,783 firm-fixed-price contract for 23,960 M1 high fragmentation artillery shells. Work will be performed in Scranton, Pennsylvania, with an estimated completion date of Dec. 31, 2014. One bid was solicited with one received. Fiscal 2013 other procurement funds (Army) in the amount of $8,420,783 are being obligated at the time of the award. Army Contracting Command, Rock Island Arsenal, Illinois, is the contracting activity (W52P1J-14-C-0051).

AIR FORCE
Lockheed Martin Information Systems & Global Services, Colorado Springs, Colorado, has been awarded a $24,191,749 modification (P00313) exercising an option to contract F19628-00-C-0019 to support critical mission operations for North American Aerospace Defense Command’s Cheyenne Mountain Complex/Integrated Tactical Warning/Attack Assessment (NCMC/ITWAA) in support of air, missile and space defense for the national command authority. This sustainment effort encompasses operations, maintenance and support to maintain mission integrity for the target system architecture systems at Cheyenne Mountain Air Force Station Colorado, the Alternate Mission Command Center, and forward user and sensor sites, as well as maintenance of legacy systems at the Peterson Air Force Base, Colorado; Test Development Facility, Space Training System and Joint Space Operations at Vandenberg Air Force Base, California; and the Integrated Space Command and Control Test and Integration Lab in Colorado Springs, Colorado. Also included is the 721st Cheyenne Mountain Communications Squadron (A-76) support. Work will be performed at Colorado Springs, Colorado, and Vandenberg Air Force Base, California, and is expected to be completed by Sept. 29, 2015. Fiscal 2014 operations and maintenance funds in the amount of $24,191,749 will be obligated at time of award. Air Force Life Cycle Management Center/HBQK, Peterson Air Force Base, Colorado, is the contracting activity.
Trailboss Enterprises, Inc.,* Anchorage, Alaska, has been awarded a $17,963,792 (two-month transition and base year) for forward operating location (FOL) base operation support services at FOL-Curacao. The contractor will be responsible for program management and mission support, including aircraft support equipment/servicing; maintenance and repair of all government furnished property and facilities while meeting environmental compliance requirements; civil engineering support for facility sustainment, restoration, and maintenance, fire protection, utilities, environmental, and operations; communications support of network infrastructure, wireless systems, transmissions, information, and planning; logistics support of vehicle operations, fuels, supply chain and traffic management; services support of lodging and custodial; and operations support; airfield management; airfield operations and management. Work will be performed at FOL-Curacao, and the base period is expected to be completed by Oct. 31, 2015. This award is the result of a competitive, small business set aside. The solicitation was posted on Federal Business Opportunities website and 10 offers were received. Fiscal 2015 operations and maintenance funds will fund the base year by subsequent modification released on or about Oct. 1, 2014. Headquarters Air Combat Command Acquisition Management and Integration Center, Joint Base Langley-Eustis, Virginia, is the contracting activity (FA4890-14-C-0012)
Jacobs Technology Inc., Bedford, Massachusetts, has been awarded a $11,514,275 cost-plus-fixed-fee and cost-reimbursable contract modification (P00006) for FA8721-14-C-0017 to provide engineering and technology acquisition support services which consists of disciplined systems/specialty engineering and technical/information assurance services, support, and products using established government, contractor, and industry processes. Work will be performed at Hanscom Air Force Base, Massachusetts; Lackland Air Force Base, Texas; Langley Air Force Base, Virginia; Peterson Air Force Base, Colorado; Randolph Air Force Base, Texas; Wright-Patterson Air Force Base, Ohio; and Gunter Annex, Alabama, and is expected to be completed by April 30, 2015. This award is the result of a sole source acquisition. Fiscal 2014 operations and maintenance, and research and development funding, including both Air Force and Department of Defense funds in the amount of $1,385,521 will be obligated at time of award. Air Force Life Cycle Management Center/PZM, Hanscom Air Force Base, Massachusetts, is the contracting activity.
NEXGEN Communications LLC, Dulles, Virginia, has been awarded an $8,432,040 cost-plus-fixed-fee completion contract for Miniaturized Receiver Transmitter (mRXTX) Prototype Modules. Contractor will develop and demonstrate a miniaturized Radio Frequency (RF) transmit/receive module to support Computational Leverage Against Surveillance Systems (CLASS) requirements. The CLASS program requires an integrated transmit and receive module capable of performing wideband self-filtering for frequency division duplexing with high dynamic range and efficiency, which this effort will provide. The scope of this effort encompasses the innovation, design, assembly and assessment of a miniaturized RF transmit/receive module. The fabrication of the receive module, and then the integration of transmit and receive modules, will be performed. Each module/assembly will be thoroughly tested and reported. Work will be performed at Palm Harbor, Florida, and is expected to be completed by Feb. 19, 2016. This award is the result of a competitive acquisition, and seven offers were received. Fiscal 2014 research, development, test and evaluation funds in the amount of $4,132,670 are being obligated at time of award. Air Force Research Laboratory/RIKD, Rome, New York, is the contracting activity (FA8750-14-C-0123).
*Small business
 

WHITE HOUSE STATEMENT ON WORLD HUMANITARIAN DAY

FROM:  THE WHITE HOUSE 

Statement by the Principal Deputy Press Secretary on World Humanitarian Day

Eleven years ago today, 22 humanitarian aid workers were killed in a horrific attack on the UN Headquarters in Baghdad.  Their lives were cut short as they worked selflessly to save others.  Each year on August 19 we pay homage to them, their colleagues worldwide who have been killed or injured in the line of duty, and the heroic efforts of those humanitarians currently in the field. 
Today, there is an unprecedented need for humanitarians and the spirit they embody. Some 108 million people need humanitarian assistance, and more people have been displaced by conflict than at any time since World War II.  Nearly eleven million Syrians and Iraqis have fled for their lives.  Millions need shelter, food, water, and medical care in the wake of factional fighting in the Central African Republic and a clash among South Sudan’s political leaders has put millions of people at risk of famine.  In these places and others—including Gaza, Somalia, Yemen, and now West Africa with the Ebola outbreak—humanitarians assume great personal risk to help those in need. 
Even as they do their utmost to help the most vulnerable, all too often humanitarians are harassed, kidnapped, or killed for their commitment.  There were 251 incidents of major violence against aid workers in 30 countries in 2013. These attacks resulted in 460 aid workers killed, kidnapped, or seriously wounded; many of them heroic local staff working to help neighbors in need. As the world’s largest humanitarian donor, the United States expresses its deepest respect to these individuals dedicated to serving others.  On behalf of the American people, we are proud to support their work and humbled by their sacrifice. The world needs more of their dedication, selflessness, and courage.

FTC SETTLES CHARGES AGAINST FANDANGO AND CREDIT KARMA

FROM:  U.S. FEDERAL TRADE COMMISSION 
FTC Approves Final Orders Settling Charges Against Fandango and Credit Karma
Following a public comment period, the Federal Trade Commission has approved final orders settling charges against Fandango, Inc. and Credit Karma, Inc.

According to the FTC’s complaints, the companies’ mobile apps left consumers’ sensitive personal information, including credit card information and Social Security numbers, vulnerable to interception by third parties. Among other things, the complaints allege that the companies disabled a process called SSL certificate verification that would have protected consumers’ information.

The settlements, first announced in March 2014, require Fandango and Credit Karma to establish comprehensive security programs designed to address security risks during the development of their applications and to undergo independent security assessments every other year for the next 20 years. The settlements also prohibit Fandango and Credit Karma from misrepresenting the level of privacy or security of their products and services.

The Commission vote approving the final orders and letters to members of the public who commented on them was 4-0, with Commissioner McSweeny not participating.

The President Speaks on Iraq and Ferguson

NASA VIDEO | MAGNIFICENT ERUPTION IN FULL HD

DOD VIDEO: WEEKEND AIRSTRIKES HIT ISIL TARGETS


SUPREME ALLIED COMMANDER EUROPE SAYS NATO TRYING TO REASSURE MEMBERS REGARDING RUSSIA

FROM:  U.S. DEFENSE DEPARTMENT 

Breedlove Discusses Russian Threats in Europe

By Jim Garamone
DoD News, Defense Media Activity

WASHINGTON, Aug. 18, 2014 – NATO is examining additional ways it can reassure alliance members who feel threatened by Russia’s on-going actions in Ukraine, including positioning forces in new locations, the Supreme Allied Commander Europe told a German newspaper.
In an interview with Die Welt, Air Force Gen. Phillip Breedlove called Russia’s annexation of Ukraine’s Crimean peninsula a new type of warfare, labelling it the DIME model: diplomatic, informational, military, economic. “In this new hybrid warfare, we see Russia applying all of the elements of national power in a coercive way to affect change in other sovereign nations,” he said.
In February, Russia deployed a large force on its border with Ukraine and the Russian army conducted what were described as exercises near Crimea.
“Let’s just look at eastern Ukraine right now. In a diplomatic sense, the Russians are trying to build these international arguments that it is Ukraine that is causing the problem,” and that Russia needs to step in.
However, Breedlove said Russia continues to threaten Ukraine’s sovereignty and he said NATO allies in Eastern and Central Europe feel threatened by this new warfare as well.
A number of reassurance measures have been put in place including bolstering air policing in the Baltics, added ship visits to the Black Sea, increased infantry exercises in the Baltic Republics as well as the deployment of additional NATO air assets as well as infantry exercises in Poland.
“We’re going to look at … specifically the NATO Response Force,” he said. “We’re going to look at how to … be more prepared in a command and control stance to react to Article 5 defense.”
NATO will also station forces “in the right locations to be able to rapidly respond to this new form of warfare that we see being used,” Breedlove said.
NATO nations must develop the police and military capabilities to deal with this new form of war. “How do we now train, organize, equip the police forces and the military forces of nations to be able to deal with this?” he asked. “It is important … to remember that if we see these actions taking place in a NATO nation and we are able to attribute them to an aggressor nation that is Article 5, and it is a military response.”

ARMENIAN POWER ASSOCIATE RECEIVES 13 YEAR PRISON SENTENCE

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, August 18, 2014
Armenian Power Associate Sentenced to More Than 13 Years in Prison for Racketeering Conspiracy

An associate of the Armenian Power gang, who was convicted at trial for his role in a racketeering conspiracy that included stealing personal and financial information of elderly bank customers for accounts valued at more than $25 million, was sentenced to serve 168 months in prison today in federal court in Los Angeles.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Acting U.S. Attorney Stephanie Yonekura of the Central District of California and Assistant Director in Charge Bill L. Lewis of the FBI’s Los Angeles Field Office made the announcement.   The sentence was imposed by U.S. District Judge Philip S. Gutierrez of the Central District of California.

Andranik Aloyan, 41, of Los Angeles was found guilty by a federal jury on Feb. 11, 2014, of racketeering conspiracy, attempted bank fraud, access device fraud, four counts of aggravated identity theft and possession of a firearm by a convicted felon.   According to evidence presented at trial, Aloyan possessed personal and financial information belonging to more than 75 mostly elderly customers of banks operating throughout the country.   This information was stolen by Aloyan and his associates.   The combined value of the accounts for which Aloyan possessed account information exceeded $25 million dollars.   In addition to his prison term of 168 months, Aloyan was sentenced to serve three years of supervised release and ordered to pay $3,516,711 in restitution to victims.

Aloyan was among 90 individuals charged in two indictments, including a 140-count indictment in July 2011 charging 70 defendants with a variety of criminal activities associated with the Armenian Power gang.   The indictment accused 29 defendants, including Aloyan, of participating in the Armenian Power racketeering conspiracy that involved a host of illegal activities such as sophisticated bank fraud, identity theft, debit-card skimming, manufacturing counterfeit checks and money laundering.   In addition, defendants in the case were allegedly involved in a variety of violent crimes, such as kidnapping, extortion and firearms offenses, along with other crimes including drug trafficking and illegal gambling.   Eighty-one defendants have previously been convicted or pleaded guilty to the charges, including 24 defendants who were convicted of or pleaded guilty to racketeering charges.

According to court documents, the Armenian Power street gang formed in the East Hollywood district of Los Angeles in the 1980s.   The gang’s membership consisted primarily of individuals of Armenian descent, as well as of other countries within the former Soviet bloc.   Armenian Power has been designated under California state law as a criminal street gang and is believed to have more than 250 documented members, as well as hundreds of associates. According to court documents, Armenian Power members and associates regularly carry out violent criminal acts, including murders, attempted murders, kidnappings, robberies, extortions and witness intimidation to enrich its members and associates and preserve and enhance the power of the criminal enterprise.

The case was investigated by the Eurasian Organized Crime Task Force, which is comprised of the FBI, the Glendale Police Department, the Los Angeles Police Department, the Burbank Police Department, the Los Angeles Sheriff’s Department, the Internal Revenue Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the U.S. Secret Service.

The case is being prosecuted by Trial Attorney Andrew Creighton of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Martin Estrada, Elizabeth Yang and Stephen Wolfe of the Central District of California.


USDA VIDEO: WEEK IN REVIEW AUGUST 15, 2014

CHAIRMAN JOINT CHIEFS RECOMMENDS HELPING VIETNAM BUILD NAVAY

FROM:  U.S. DEFENSE DEPARTMENT 

Dempsey Favors Building Vietnamese Naval Capabilities

By Jim Garamone
DoD News, Defense Media Activity

WASHINGTON, Aug. 16, 2014 – If the United States lifts the embargo against the sale of lethal weapons to Vietnam, Army Gen. Martin E. Dempsey would recommend providing materials for the Peoples’ Navy, he said during a news conference in Ho Chi Minh City today.
In the first trip by a chairman of the Joint Chiefs of Staff to Vietnam since 1971, Dempsey visited Hanoi, Da Nang and Ho Chi Minh City.
Forty-five years ago, the United States was in a conflict with North Vietnam, and Dempsey was a cadet at West Point preparing to join that war. “The challenge now is to think 45 years ahead,” the highest-ranking U.S. military official said.
By 2050, there will be 9 billion people on Earth -- 7 billion of whom will live in the Indo-Pacific. “Where the people are is where the issues are,” the chairman said.
Vietnamese reporters questioned Dempsey on China’s territorial claims in the East China Sea. “We’ve been very clear that we don’t take sides in the territorial disputes, but we do care very much how they are resolved,” he said. “They should not be resolved through use of force.”
The United States has longstanding defense agreements with nations in the region -- Thailand and the Philippines are treaty allies. “We are interested in becoming a partner with a strong and independent and prosperous Vietnam,” the chairman said.
Still, at its core the solution to the East China Sea issue hinges more on stronger multinational response brokered through the Association of Southeast Asian Nations rather than a question of “‘What does the United States intend to do about it?’,” he said.
The United States and Vietnam have common interests. “We’re encouraging many of our ASEAN partners and friends to take a multinational approach to maritime security and maritime domain awareness,” he said.
Building capabilities for maritime domain awareness is important to any effort in the region, Dempsey said, including patrol boats, intelligence, surveillance and reconnaissance assets and search and rescue equipment.
“Our advice is that we look at this regionally, not country-by-country,” the chairman said. “We’re working our way forward in that spirit.”
There is a growing sense among U.S. elected officials and non-governmental organizations that Vietnam has made progress on the human rights issues that initially led to the embargo being put in place more than three decades ago.
“I think in the near term there will be a discussion on how to lift it,” Dempsey said. “My military advice … will be if it is lifted that we begin with assets that would make the Peoples’ Navy more capable in the maritime domain. That would generate a conversation on what that means, but I think the maritime domain is the place of our greatest common security interest right now.”
This could include intelligence, surveillance, reconnaissance assets and even some weapons they don’t yet have for their fleet, the chairman said.
Vietnam is uniquely and importantly positioned as the 13th largest economy in the world, he said. While it is located in Southeast Asia, the nation is the springboard into the Indo-Pacific region.
“I do see Vietnam occupying a key geostrategic region,” Dempsey said. “In terms of managing its maritime resources and managing the territorial disputes -- I’d suggest as goes Vietnam, I think as goes the South China Sea.”

Monday, August 18, 2014

AG HOLDER'S STATEMENT ON FERGUSON FOLLOWING BRIEFING BY PRESIDENT OBAMA

FROM:  U.S. DEFENSE DEPARTMENT 
Monday, August 18, 2014
Attorney General Statement on Latest Developments in Federal Civil Rights Investigation in Ferguson, MO

Attorney General Eric Holder released the following statement Monday following his briefing of President Obama on the latest developments in the federal civil rights investigation in Ferguson, Missouri:

“As I informed the President this afternoon, the full resources of the Department of Justice are being committed to our federal civil rights investigation into the death of Michael Brown.

“During the day today, more than 40 FBI agents continued their canvassing of the neighborhood where Michael Brown was shot. As a result of this investigative work, several new interviews have already been conducted.

“Moreover, at my direction, an additional medical examination is being performed on the body of Michael Brown. This autopsy is being performed today by one of the most experienced medical examiners in the United States military. I am confident this additional autopsy will be thorough and aid in our investigation.

“In addition to updating the President on these developments, I informed him of my plan to personally travel to Ferguson Wednesday. I intend to meet with FBI investigators, and prosecutors on the ground from the Civil Rights Division and U.S. Attorney’s Office officials about the ongoing investigation.

“I realize there is tremendous interest in the facts of the incident that led to Michael Brown’s death, but I ask for the public’s patience as we conduct this investigation. The selective release of sensitive information that we have seen in this case so far is troubling to me. No matter how others pursue their own separate inquiries, the Justice Department is resolved to preserve the integrity of its investigation. This is a critical step in restoring trust between law enforcement and the community, not just in Ferguson, but beyond.

“In order to truly begin the process of healing, we must also see an end to the acts of violence in the streets of Ferguson. Those who have been peacefully demonstrating should join with law enforcement in condemning the actions of looters and others seeking to enflame tensions.

“To assist on this front, the Department will be dispatching additional representatives from the Community Relations Service, including Director Grande Lum, to Ferguson. These officials will continue to convene stakeholders whose cooperation is critical to keeping the peace. Furthermore, as the President has announced, Ron Davis, our Director of the COPS office, will arrive on the ground in Ferguson Tuesday. Ron has been in touch with local and state officials since last week, providing technical assistance on crowd control techniques and facilitating communications between Missouri officials and other law enforcement officials whose communities have faced similar challenges in the past.”

SECRETARY KERRY'S STATEMENT ON NEUTRALIZING SYRIA'S CHEMICAL WEAPONS

FROM:  U.S. STATE DEPARTMENT 

Milestone in Eliminating Syria's Chemical Weapons Program

Press Statement
John Kerry
Secretary of State
Washington, DC
August 18, 2014


Today, we mark a milestone in our unrelenting work to ensure the end of the Assad regime’s deadly chemical arsenal: The United States has finished neutralizing the regime’s deadliest chemical weapons aboard the Cape Ray.

We do so mindful of a tragic milestone fast approaching this Thursday: The one year anniversary of Assad’s bone-chilling, deadly chemical weapons attack that killed more than 1,000 innocent Syrians, including so many children in the suburbs of Damascus. No one can or ever will wipe away that memory. The images of children suffering at the hands of a monster’s illicit arsenal reminded all the world why these weapons have long been shunned by the civilized world and revealed for any who still doubted the true face of Assad.

These two milestones, one born out of the other, more than just dates on the calendar, are also moments to take stock of the road ahead. In record time, even amid a civil war, we removed and have now destroyed the most dangerous chemicals in the regime’s declared stockpiles. But much more work must be done.

First, the international community has important questions with regard to discrepancies and omissions related to Syria’s chemical weapons declaration. Second, Syria must complete the destruction of its remaining chemical weapons production facilities within mandated timelines. Third, we also remain deeply concerned by reports of systematic use of chlorine gas in opposition areas, as described by the fact-finding mission of the Organization for the Prohibition of Chemical Weapons. Each and every one of these issues must be fully resolved.
Lastly, but most importantly, the Assad regime’s brutality must come to an end. Assad lost any legitimacy to lead Syria long before he gassed his own people to death. The United States will continue to provide political, financial, and other support to the moderate opposition because we are committed to help those who seek the right of all Syrians to choose a future of peace and oppose the violent extremists who exploit the chaos and ruin that Assad has brought to Syria. A free Syria where people can live without fear is a milestone we should all be committed to achieve together.

NSF VIDEO: BIODIVERSITY: A BOON FOR BRAIN RESEARCH

U.S. DEFENSE DEPARTMENT CONTRACTS FOR AUGUST 18, 2014

FROM:  U.S. DEFENSE DEPARTMENT
CONTRACTS

ARMY
Whiting-Turner Contracting Co., Baltimore, Maryland (W91278-14-D-0088); Robins & Morton Group, Birmingham, Alabama (W91278-14-D-0089); Turner Construction Co., New York, New York (W91278-14-D-0090); United Excel Corp., Shawnee Mission, Kansas (W91278-14-D-0091); John J. Kirlin Special Projects, LLC, Rockville, Maryland (W91278-14-D-0092); and DMCA, Inc., Arlington, Texas (W91278-14-D-0093), were awarded a $49,000,000 firm-fixed-price, multiyear, indefinite-delivery/indefinite-quantity multiple award task order contract for healthcare and laboratory facility repair and construction for the U.S. Army Medical Research and Materiel Command. Funding and work location will be determined with each order, with an estimated completion date of Aug. 18, 2017. Bids were solicited via the Internet with 14 received. U.S. Army Corps of Engineers, Mobile, Alabama, is the contracting activity.

Northrop Grumman Systems Corp., Linthicum Heights, Maryland, was awarded a $34,666,402 modification (P00054) to contract W15P7T-11-C-H267 for continued operations and sustainment of the Vehicle and Dismount Exploitation Radar currently deployed in theater. Fiscal 2014 operations and maintenance (Army) funds in the amount of $16,296,359 were obligated at the time of the award. Estimated completion date is Dec. 31, 2014. Work will be performed in Linthicum Heights, Maryland; Hagerstown, Maryland; and Afghanistan. Army Contracting Command, Redstone Arsenal, Alabama, is the contracting activity.

L-3 Fuzing and Ordinance System, Cincinnati, Ohio, was awarded a $22,250,000 firm-fixed-price, indefinite-delivery/indefinite-quantity contract with options for Fuze Munition Unit 160 A/B fuses. Funding and work location will be determined with each order, with an estimated completion date of Aug. 13, 2019. Bids were solicited via the Internet with one received. Army Contracting Command, Picatinny Arsenal, New Jersey, is the contracting activity (W15QKN-14-D-0093).

Security Construction Services, Inc.,* Hudson, Massachusetts (W912TF-14-D-0500); Meridian Construction Corp.,* Gilford, New Hampshire (W912TF-14-D-0501); J.C.N. Construction Co., Inc.,* Manchester, New Hampshire (W912TF-14-D-0502); Ironclad Services, Inc.,* Springfield, Massachusetts (W912TF-14-D-0503); CCB, Inc.,* Westbrook, Maine (W912TF-14-D-0504); CPM Constructors, Freeport, Maine (W912TF-14-D-0505); Maron Construction Co., Inc.,* Providence, Rhode Island (W912TF-14-D-0506); Cornerstone Construction Services, LLC,* Woburn, Massachusetts (W912TF-14-D-0507); Turnstone Corp.,* Milford, New Hampshire (W912TF-14-D-0508); Classic Site Solutions, Inc.,* Springfield, Massachusetts (W912TF-14-D-0509); Ricci Construction Co. Inc.,* Portsmouth, New Hampshire (W912TF-14-D-0510); CMGC Catamount LLC,* Bedford, New Hampshire (W912TF-14-D-0511); Aulson Co. Inc.,* Methuen, Massachusetts (W912TF-14-D-0512); Cutter Enterprises, LLC,* Vernon Rockville, Connecticut (W912TF-4-D-0513); and Benaka Inc.,* New Brunswick, New Jersey (W912TF-14-D-0514), were each awarded a $10,000,000 firm-fixed-price, indefinite- delivery/indefinite-quantity contract for sustainment/repair and maintenance, and military construction projects of various size and value for the National Guard, Pease Air National Guard Base, Concord Military Reservation, and all armories throughout New Hampshire. Funding and work location will be determined with each order, with an estimated completion date of Aug. 12, 2019. Bids were solicited via the Internet with 20 received. National Guard Bureau, Concord, New Hampshire, is the contracting activity.
NAVY
The Boeing Co., Seattle, Washington, is being awarded a $30,385,333 modification to a previously awarded firm-fixed-price contract (N00019-12-C-0112) for the development of a structural repair manual in support of the P-8A Poseidon Multi-mission Maritime Aircraft. Work will be performed in Seattle, Washington, and is expected to be completed in November 2018. Fiscal 2014 aircraft procurement (Navy) funds in the amount of $30,385,333 will be obligated on this award, none of which will expire at the end of the current fiscal year. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity.

General Dynamics Advanced Information Systems, Fairfax, Virginia, is being awarded a not-to-exceed $19,522,980 firm-fixed-price contract for Surface Electronic Warfare Improvement Program (SEWIP) Block 1B3 FY14 Low-Rate Initial Production (LRIP) units. This contract provides for procurement of 15 SEWIP Block 1B3 LRIP systems and associated data. SEWIP is an evolutionary acquisition program to upgrade the existing AN/SLQ-32(V) Electronic Warfare System through a modular, open-system approach. SEWIP provides enhanced shipboard electronic warfare for early detection, analysis, threat warning, and protection from anti-ship missiles. SEWIP Block 1 focuses on obsolescence mitigation and special signal intercept. Work will be performed in Pittsfield, Massachusetts (50 percent): Fairfax, Virginia (18 percent); Thousand Oaks, California (17 percent); and San Diego, California (15 percent), and is expected to be completed by September 2016. Fiscal 2011 and 2013 shipbuilding and conversion (Navy), and fiscal 2014 other procurement (Navy) funding, in the amount of $8,105,076, will be obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. This contract was not competitively procured pursuant to 10 U.S.C. 2304(c)(1) and FAR 6.302-1 - only one responsible source and no other supplies or services will satisfy agency requirements. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity (N00024-14-C-5341).

General Dynamics Advanced Information System, Minneapolis, Minnesota, is being awarded a $16,286,671 firm-fixed-price contract for the full-rate production of 60 Lot 38 Type 3 Advanced Mission Computers for the E/A-18G aircraft for the U.S. Navy (48) and the government of Australia (12). Work will be performed in Bloomington, Minnesota, and is expected to be completed in August 2016. Fiscal year 2013 and 2014 aircraft procurement (Navy) funds, and foreign military sales funds, in the amount of $16,286,671, will be obligated at time of award, none of which will expire at the end of the current fiscal year. This contract was not competitively procured pursuant to 10 USC 2304 (c)(1). This contract combines purchases for the U.S. Navy ($9,772,003; 60 percent), and government of Australia ($6,514,668; 40 percent) under the Foreign Military Sales program. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity (N00019-14-C-0068).

L-3 Communications Vertex Aerospace LLC, Madison, Mississippi, is being awarded a $13,744,643 modification to a previously awarded indefinite-delivery requirements contract (N00019-13-D-0007) to provide logistics services for aircraft availability of 96 TH-57 aircraft. Services to be provided include pre-flighting and fueling of the aircraft, as well as safe for flight release for designated missions. Work will be performed at the Naval Air Station Whiting Field, Milton, Florida, and is expected to be completed in May 2015. No funds are being obligated at time of award. Funds will be obligated against individual delivery orders as they are issued. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity.
DEFENSE LOGISITICS AGENCY
Chevron Products Company, a division of Chevron U.S.A. Inc., Louisville, Kentucky, has been awarded a maximum $9,355,150 fixed-price with economic-price-adjustment contract for lubricating engine oil. This contract was a competitive acquisition, and nine offers were received. This is a three-year base contract with a 30-day carry over period. Locations of performance are Kentucky, Oregon, South Carolina, and California, with an April 30, 2017, performance completion date. Using service is Defense Logistics Agency Energy. Type of appropriation is fiscal 2014 through fiscal 2017 defense working capital funds. The contracting activity is the Defense Logistics Agency Energy, Fort Belvoir, Virginia (SP0600-14-D-0758).
AIR FORCE
Spectro, Inc., Chelmsford, Massachusetts, has been awarded an estimated $9,024,628 firm-fixed-price, commercial, indefinite-delivery requirements contract for repair of spectrometers in support of U.S. Air Force and Army requirements. The award is a five-year ordering typecontract with no options. Work will be performed at Chelmsford, Massachusetts, and at each Air Force and Army location requiring repair. The contract is estimated to be completed Aug. 17, 2019. This award is the result of a sole-source acquisition. No funds are being obligated at time of award. Air Force Sustainment Center, Robbins Air Force Base, Georgia, is the contracting activity (FA8517-14-D-0021).

*Small business

NASA VIDEO: ANTI-GEYSER TESTING FOR SLS LIQUID OXYGEN FEED SYSTEM UNDERWAY

SPAMMER SETTLES FTC CHARGES REGARDING FALSE INFORMATION ABOUT ACA

FROM:  FEDERAL TRADE COMMISSION 
Email Spammer Settles FTC Charges: Tricked Consumers With False Information About the Affordable Care Act

An email spammer and his company will pay $350,000 to resolve Federal Trade Commission charges that they sent deceptive emails in advance of the Affordable Care Act (ACA) roll-out, falsely claiming that consumers would be violating the law if they did not immediately click a link to enroll in health insurance.

In January 2014, the FTC filed a complaint against Yair Shalev and Kobeni Inc.,  alleging that their misrepresentations violated Section 5 of the FTC Act. It also alleged that their spam emails violated the CAN-SPAM Act by failing to provide consumers the opportunity to decline to receive future emails, and to provide a valid physical postal address. According to the complaint, the defendants’ emails led to websites with advertisements for insurance. The websites’ operators paid the defendants when consumers clicked links in the ads. Insurance companies whose ads appeared on the websites did not authorize the email messages.

The settlement order imposes a $350,000 judgment and permanently prohibits the defendants from misrepresenting material facts about any product or service, including that consumers will violate federal law if they do not select health insurance by a certain date, or that the law requires consumers to buy something. The order also bars the defendants from violating the CAN-SPAM Act, including by engaging in the violations that occurred in this action.

The Commission vote authorizing the staff to file the proposed stipulated order was 5-0.  The U.S. District Court for the Southern District of Florida entered the order on August 7, 2014.

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

CHAIRMAN JOINT CHIEFS VISITS VIETNAM

FROM:  U.S. DEFENSE DEPARTMENT 

Right:  Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, and Lt. Gen. Do Ba T?, Vietnamese chief of defense, in Hanoi, Vietnam, Aug. 14, 2014. DoD photo by D. Myles Cullen.  
Dempsey Building Trust in Vietnam Visit
By Jim Garamone
DoD News, Defense Media Activity

WASHINGTON, Aug. 15, 2014 – Building trust and confidence is the theme for the first visit by a chairman of the Joint Chiefs of Staff to Vietnam since 1971.
Army Gen. Martin E. Dempsey met with his Vietnamese counterpart Lt. Gen. Do Ba Ty in Hanoi. The two men discussed the future of the military-to-military relationship between their countries, but also the legacy of the Vietnam War. The chairman will also visit Da Nang and Ho Chi Minh City during his visit.
Dempsey’s visit is a message to the region that the United States is serious about the rebalance to the Asia-Pacific, even as the American military is confronted with challenges in other parts of the world, defense officials said.

Dempsey said in an interview with USA Today’s Tom Vanden Brook that his formative years were colored by the specter of the war in Vietnam. Dempsey graduated from the U.S. Military Academy in 1974 -- too late to serve in that war.
“I said to General Ty that ‘I spent the first four years of my military career preparing to fight you,’” Dempsey said. “There’s something profound about being here now trying to build a relationship on the basis of common interests.”
And the two countries do have common interests. Vietnam’s geostrategic position -- sitting between straddling China and Southeast Asia -- makes the nation an important factor player in finding a peaceful solution to the territorial issues in the South China Sea, the chairman said.

“They probably have more influence on the South China Sea and how it evolves than any other country,” he noted.

The two military leaders also discussed longstanding issues related to the Vietnam War, including the U.S. Agent Orange remediation program, finding and recovering U.S. personnel and addressing the problem of leftover unexploded ordnance. The two countries cooperate closely on all these issues, Dempsey said. “We owe it to each other to keep making progress on those [issues],” he said.
These programs were more prominent in discussions a year ago than they are today, Dempsey said. “We’re moving beyond those legacy war issues and toward a new relationship,” the chairman said.

All relationships are founded on trust “and that doesn’t happen overnight,” the general said.

The U.S. and Vietnamese militaries are working together in maritime security, disaster relief and humanitarian assistance. “We’ve made a tentative agreement to increase the frequency and depth of our staff talks so we understand each others’ long-term strategies for the region,” Dempsey said. “That’s the place where we can make the most progress.”

Dempsey said he’s seeing more information sharing happening between the United States and Vietnam in the maritime domain as well as more work with maritime law enforcement.

“We’re working most closely right now with their coast guard, to establish a law enforcement capability to protect their economic exclusion zone … so they don’t get militarized,” he said.

U.S. officials are also working with Vietnamese counterparts to enhance the training program for maritime operations.

Dempsey stressed that the U.S. interest in Vietnam is not all about countering China. “The shadow of China hangs over the region,” he said. “Everyone thinks our interest here is just about China. It’s not.”

The rebalance toward the Asia-Pacific region is inevitable as the area grows and expands in economic, political and diplomatic clout, he said.

“This is important and we do have our shoulder behind it,” the chairman added.
This was Dempsey’s first visit to Vietnam and he said he was struck by the vibrancy of life and the colors of the city.

“…Standing on the platform for the honor ceremony, listening to the two national anthems and seeing the two national flags flying side-by-side, it occurred to me that often adversaries in the past can become our closest friends,” the chairman said. “That won’t happen without some effort, but I think there’s a possibility there.”

NASA VIDEO | SHOW ME THE WATER

NSF-FUNDED PSYCHOLOGISTS LOOK TO UNDERSTAND HOW KIDS THINK

FROM:  NATIONAL SCIENCE FOUNDATION 
Harvard University psychologists seek to unlock secrets of children's complex thinking

Study aims to uncover processes that help improve theoretical knowledge
What is it about the human mind, as opposed to those of other animals, that makes it able to comprehend and reason about complex concepts such as infinity, cancer or protons?

That is what National Science Foundation (NSF)-funded research conducted by Harvard University professors Susan Carey and Deborah Zaitchik seeks to find out.

The two investigators are leading a new project that explores how children develop understanding of abstract concepts over time, specifically in mathematics and in science--biology, psychology and physics. Their research could prove transformative to the practice of education.

Carey and Zaitchik's project, "Executive Function and Conceptual Change," is one of 40 projects funded in the first round of an NSF initiative called INSPIRE that address extremely complicated and pressing scientific problems.

Specifically, the project aims to determine how children develop theoretical concepts of science and math and how the learning process might be modified to increase their level of understanding.

NSF's Developmental and Learning Sciences Program in its Directorate for Social, Behavioral and Economic Sciences partially funds the research. It is one item in a program portfolio that strives to understand how children learn, and what factors influence their social and thinking skills as they become productive members of society.

Past research shows children have intuitive theories about science and math before they begin formal learning. Their intuitive theories are often radically different from the theories taught in school, but through schoolwork, are transformed into standard, often abstract ideas that were previously unknown to the students.

For example, children believe the earth is flat and draw conclusions about the world based on that assumption. When they become aware the world is round, they must update their knowledge about the shape of the earth and also update the kinds of conclusions they can draw about the world in light of this new information, such as that it is impossible to fall off its edge.

This transformation involves what Carey and Zaitchik call conceptual change--a process by which a person's knowledge and beliefs are modified over time and evolve into a new conceptual system of interconnected knowledge and reasoning.

Conceptual change is extremely difficult to achieve. Studies show it requires more than gathering new facts to replace or modify old facts; it demands, in addition, sustained mental effort to integrate all related pieces of information into a coherent body of knowledge.

"The kind of knowledge we are talking about is hard to construct," says Carey, a Harvard psychologist and the project's lead principal investigator. "You just don't get it for free."

The difficulty of conceptual change is one of the reasons teaching science and math is such a challenge. It is also a reason the Research on Education and Learning program within NSF's Directorate for Education and Human Resources co-funds the project.

Carey and Zaitchik believe that if the cognitive processes needed to produce conceptual change can be identified, better understood and successfully manipulated through simple training, it might make a big difference in a student's academic success, whether that student is in kindergarten or college.

They are especially concerned with how a suite of cognitive processes called "executive function" impacts children's ability to both build new abstract knowledge and use it throughout their lifetimes.

The components of executive function under investigation by the research team include working memory, inhibitory control and set-shifting. Working memory involves the ability to actively hold information in mind, update it and mentally work with it. Inhibitory control is the ability to suppress interference, distractions and inappropriate responses, which is important for completing cognitive tasks. Set-shifting involves the ability to flexibly switch goals or modes of operation, such as recognizing that different problem-solving approaches will be more successful in different settings.

Previous research has shown that executive function is more predictive of school readiness than entry-level reading skills, entry-level math skills or IQ. In addition, executive function has been shown to play an important role throughout a person's school years, with working memory and inhibitory control independently predicting math and reading score success in every grade from preschool through high school.

Carey and Zaitchik say there is already a good deal of empirical evidence that these processes play a strong role in school children's ability to learn and express theoretical knowledge that does not require conceptual change. In this project, however, they are testing the hypothesis that executive function also underlies the ability to achieve conceptual change.

"For cognitive change, one needs to 'think outside the box,' look at things differently from the way one had been looking at them," says Adele Diamond, one of the founders of the field of developmental cognitive neuroscience and an expert on executive function. "To get to that point, it helps to be able to try out different perspectives and experiment with looking at things this way and that.

"Playing with ideas, relating things in new ways relies heavily on working memory," she says referencing one component of executive function examined in Carey's and Zaitchik's research project. Additionally, "to think in new ways, to see things in new ways, one needs to inhibit old ways of seeing things, old habits," she notes referencing inhibitory control, which the project leaders are also examining.

Diamond is an outside project observer at the University of British Columbia in Vancouver, where she is the Tier 1 Canada Research Chair for Developmental Cognitive Neuroscience within the Psychiatry Department there.

Work by Diamond and her colleagues provides a backdrop for Carey's and Zaitchik's approach. In pioneering research, Diamond found school activities in early childhood--including play--could improve children's executive function and better their performance on standard academic testing. Her research also shows executive function can be improved in 4-5 year olds, ages that some researchers had thought was too early to try to improve executive function.

Carey and Zaitchik are conducting several experiments that explore how executive function relates to conceptual change. They are interested in exploring the possibility that providing training to enhance executive function can also facilitate conceptual change. They are also exploring whether diminished executive functioning might explain science and math difficulties in children at risk for school failure. (For more information on these studies see the article titled "Unlocking the secrets of children's complex thinking: the studies")

They are testing the hypothesis that executive function underlies the ability to achieve conceptual change in two very different groups. The first group is children who are engaged in new learning of specific science and math theories. The second group is healthy elderly adults who, despite decades of experience holding and using the theories involved, nonetheless make many of the same errors in reasoning that children do.

"This work has the potential to support and promote executive function in children in ways that will have broad and deep impacts on their learning and achievement," says Laura Namy, Developmental and Learning Sciences program director at NSF, pinning the research to important child development priorities.

Moreover, the research could have far-reaching importance to populations with particularly weak executive function, such as children with attention deficit hyperactivity disorder, a population also studied in the project, as well as disadvantaged children, aging adults and patients with Alzheimer's disease.

"That executive function enhancement can directly impact a mental process so far downstream as conceptual reasoning is potentially extraordinarily transformative," says Namy. "It implies that a relatively straightforward intervention, such as executive function training, has the potential to ‘level the playing field' for children from disadvantaged backgrounds, for those with attention deficits and those experiencing age- and disease-related cognitive decline."

The relationship between executive function and conceptual change appears to be powerful, she says. "The goal of this investigation is to begin to discover why."

-- Bobbie Mixon, (
Investigators
Susan Carey
Deborah Zaitchik
Related Institutions/Organizations
Harvard University
Related Programs
Developmental and Learning Sciences
Related Awards
#1247396 INSPIRE: Executive Function and Conceptual Change
Years Research Conducted
2012 - 2017

Total Grants
$799,862

MAN PLEADS GUILTY TO CONSPIRACY IN CASE INVOLVING ILLEGAL MOUNTAIN LION AND BOBCAT HUNTS

FROM:  U.S. JUSTICE DEPARTMENT
Friday, August 15, 2014
Big Game Hunting Outfitter Pleads Guilty to Felony Conspiracy Charge in Connection with Illegal Mountain Lion and Bobcat Hunting Activities

Christopher W. Loncarich, 55, of Mack, Colorado, pleaded guilty in federal court in Denver to a felony conspiracy charge stemming from his sale of outfitting services for illegal mountain lion and bobcat hunts in Colorado and Utah, the Justice Department announced.

Loncarich pleaded guilty to one count of conspiracy to violate the Lacey Act.   The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife that has been taken or possessed in violation of state laws or regulations.

According to an indictment returned by the grand jury for the District of Colorado on Jan. 7, 2014, and the plea agreement, Loncarich conspired with others to provide numerous illegal hunts of mountain lions and bobcats in Colorado and Utah from 2007 to 2010.   In particular, Loncarich and his confederates trapped, shot and caged mountain lions and bobcats prior to hunts in order to provide easier chases of the cats for clients.   Loncarich also admits that he and his assistants guided several hunters that did not possess a Utah mountain lion or bobcat license on mountain lion or bobcat hunts in Utah.   Loncarich’s base of operations in Mack, Colorado, is approximately five miles from the Utah-Colorado border.   Loncarich sold mountain lion hunts for between $3,500 and $7,500 and bobcat hunts for between $700 and $1,500 and shared a portion of the proceeds from successful hunts with his assistant guides.

Three of Loncarich’s assistant guides have previously pleaded guilty to Lacey Act violations in connection with their guiding activities with Loncarich.   On July 30, 2014, Loncarich’s lead assistant guide, Nicholaus J. Rodgers, pleaded guilty to felony conspiracy to violate the Lacey Act in connection with his work for Loncarich.

The maximum penalty for conspiring to violate the Lacey Act is five years in prison and a $250,000 fine.   Under the terms of the plea agreement, the prosecution agreed to a sentencing calculation pursuant to the advisory United States Sentencing Guidelines but did not agree on a term of imprisonment, an amount of fines or an amount of restitution.   A sentencing hearing for Loncarich is set for Nov. 20, 2014.

The case was investigated by the U.S. Fish & Wildlife Service, Colorado Parks and Wildlife and the Utah Division of Wildlife Resources.   The case is being prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

Sunday, August 17, 2014

U.S. ATTACKS CONTINUE IN IRAQ NEAR MOSUL DAM

FROM:  U.S. DEFENSE DEPARTMENT 

Airstrikes Continue Against ISIL Near Mosul Dam

From a U.S. Central Command News Release
WASHINGTON, Aug. 17, 2014 – U.S. Central Command forces continued to attack ISIL terrorists in Iraq today near the Mosul Dam using a mix of fighter, bomber, attack and remotely piloted aircraft.
Centcom conducted these strikes under authority to support humanitarian efforts in Iraq, as well as to protect critical infrastructure, U.S. personnel and facilities, and support Iraqi security forces and Kurdish defense forces who are working together to combat ISIL.
The 14 strikes conducted on Sunday in Iraq damaged or destroyed ten ISIL armed vehicles, seven ISIL Humvees, two ISIL armored personnel carriers and one ISIL checkpoint. These strikes are in addition to the nine U.S. airstrikes announced yesterday by Centcom.
All aircraft exited the strike areas safely.

NASA VIDEO: CARBON OBSERVATORY'S FIRST DATA ON THIS WEEK @NASA

PRESIDENT OBAMA PARTICIPATES IN THE U.S.-AFRICA LEADERS SUMMIT SESSION

DOJ, LOUISIANA SUPREME COURT REACH AGREEMENT TO PROTECT BAR CANDIDATES WITH DISABILITIES

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, August 15, 2014
Department of Justice Reaches Agreement with the Louisiana Supreme Court to Protect Bar Candidates with Disabilities

The Justice Department announced today that it has entered into a settlement agreement with the Louisiana Supreme Court that will resolve the department’s investigation of the court’s policies, practices and procedures for evaluating bar applicants with mental health disabilities.  The department’s investigation found that during the Louisiana bar admissions process licensing entities based recommendations about bar admission on mental health diagnosis and treatment rather than conduct that would warrant denial of admission to the bar.

The settlement agreement ensures the right of qualified bar applicants with mental health disabilities to have equal access to the legal profession as required by the Americans with Disabilities Act (ADA).  It prohibits the court from asking unnecessary and intrusive questions about bar applicants’ mental health diagnosis or treatment.  It also requires the court to refrain from imposing unnecessary and burdensome conditions on bar applicants with mental health disabilities, such as requests for medical records, compulsory medical examinations or onerous monitoring and reporting requirements.  Title II of the ADA prohibits public entities, including licensing entities, from imposing unnecessary eligibility criteria that tend to screen out individuals with disabilities, or imposing unnecessary burdens on individuals with disabilities that are not imposed on others.

The department found that diagnosis and treatment, without problematic conduct, did not effectively predict future misconduct as an attorney and did not justify restrictions on admission.  Yet the Louisiana bar admissions process imposed unnecessary burdens on applicants and attorneys based on their diagnosis and treatment, in violation of the ADA.  Questions about mental health diagnosis and treatment, such as those used by Louisiana, are counterproductive to licensing entities’ interest in attorney fitness because individuals who would benefit from mental health treatment may be deterred from obtaining it by the knowledge that they will have to disclose their treatment to licensing authorities.

“Today’s agreement will ensure that qualified bar applicants with mental health disabilities are able to pursue their dream of becoming licensed attorneys, without discrimination based on diagnosis or treatment,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.  “Qualified individuals with disabilities, including mental health disabilities, have valuable contributions to make to the legal profession and to their communities.  Their diagnosis should not hinder or prevent them from doing so.  Though bar licensing entities have the important responsibility of ensuring that all licensed attorneys are fit to practice law, licensing entities must discharge this responsibility in a manner that is consistent with civil rights laws.”

“This agreement is a testament to the United States Department of Justice’s commitment to fighting discrimination against persons with disabilities and further ensures that qualified individuals will have the opportunity to pursue their career goals and make valuable contributions to our community,” said U.S. Attorney Kenneth Allen Polite Jr. for the Eastern District of Louisiana.  “The cooperation between the parties in reaching this agreement demonstrates a shared priority of protecting against discrimination.”

Under the agreement, the court will, among other actions:

•                           Revise its character and fitness screening questions so that they focus on applicants’ conduct or behavior, and ask about an applicant’s condition or impairment only when it currently affects the applicant’s ability to practice law in a competent, ethical and professional manner or is disclosed to explain conduct that may otherwise warrant denial of admission;

•                           Refrain from imposing unnecessary burdens on applicants with mental health disabilities by placing onerous disability-based conditions on their admission, invading their privacy, or violating their confidentiality;

•                           Re-evaluate prior and pending applications of applicants who disclosed mental health disabilities under the revised, non-discriminatory procedures set forth in the agreement; and

•                           Pay $200,000 to compensate a number of affected bar applicants and attorneys.

Since the department’s letter of findings concluding that the court was in violation of Title II of the ADA was issued in February, the court has worked cooperatively with the department to negotiate an agreement and to implement corrective measures.

The department has also raised issues about unnecessary bar application questions related to mental health disabilities with the states of Vermont and Connecticut and with the National Council of Bar Examiners (NCBE).  The NCBE revised two of its questions about mental health on February 24, 2014.


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