Tuesday, December 2, 2014

AIRSTRIKES ONGOING AGAINST ISIL

FROM:  U.S. DEFENSE DEPARTMENT
Airstrikes Continue Against ISIL in Syria, Iraq

From a U.S. Central Command News Release

TAMPA, Fla., Dec. 1, 2014 – U.S. military forces continued to attack Islamic State of Iraq and the Levant terrorists in Syria using fighter, bomber and remotely-piloted aircraft to conduct 27 airstrikes Nov. 28 through today, U.S. Central Command officials reported today.

Separately, officials said, U.S. and partner-nation military forces conducted 28 airstrikes against ISIL terrorists in Iraq Nov. 28 through today using attack, fighter, and remotely-piloted aircraft.

Airstrikes in Syria

In Syria, 17 airstrikes near Kobani destroyed two ISIL-occupied buildings, three ISIL tanks, three ISIL fighting positions, an ISIL armored personnel carrier, three ISIL vehicles and two ISIL staging areas, and also struck seven tactical ISIL units. The airstrikes also targeted six ISIL fighting positions and damaged an ISIL-occupied building. Near Ar Raqqah, nine airstrikes struck an ISIL electronic warfare garrison, an ISIL military garrison, an ISIL headquarters, an ISIL jamming system, an ISIL tank and 14 ISIL vehicles. Near Aleppo, a U.S. airstrike struck a target associated with a network of veteran al Qaeda operatives, sometimes called the "Khorasan Group."

Airstrikes in Iraq

In Iraq, 13 airstrikes near Mosul destroyed four tactical ISIL units, two large ISIL units, two fighting positions, three armored vehicles, seven vehicles, two ISIL trucks and a bulldozer. Additionally, these airstrikes destroyed heavy weapons to include two heavy machine guns, a mortar position and an anti-aircraft artillery emplacement as well as an ISIL-occupied building and a tunnel entrance. Near Sinjar, an airstrike destroyed two ISIL-occupied buildings.

Near Tal Afar, five airstrikes destroyed 19 ISIL vehicles, two ISIL bunkers, an ISIL compound and struck a tactical ISIL unit. Near Hit, three airstrikes destroyed an ISIL checkpoint, an ISIL bunker, and an excavator and struck a tactical ISIL unit and also damaged another ISIL checkpoint. Near Tal Talab, two airstrikes destroyed three ISIL fighting positions and struck a tactical ISIL unit. Near Tirkrit, two airstrikes destroyed three ISIL vehicles and struck two large ISIL units. Near Kirkuk, an airstrike destroyed an ISIL vehicle. Near Ramadi, an airstrike destroyed an ISIL vehicle and struck a tactical ISIL unit.

All aircraft returned to base safely. Airstrike assessments are based on initial reports.

The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the terrorist group ISIL and the threat they pose to Iraq, the region and the wider international community. The destruction of ISIL targets in Syria and Iraq further limits the terrorist group's ability to project power and conduct operations.

Coalition nations conducting airstrikes in Iraq include the U.S., Australia, Belgium, Canada, Denmark, France, Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the U.S., Bahrain, Jordan, Saudi Arabia, and the United Arab Emirates.

President Obama Discusses Communities and Law Enforcement Working Together

NASA VIDEO: SPACE STATION LIVE: SETTING UP A MACHINE SHOP IN SPACE

DOD VIDEO: TROOPS TO IRAQ, PLANES TO POLAND


SECRETARY KERRY'S REMARKS AT WORLD AIDS DAY EVENT

FROM:  U.S. STATE DEPARTMENT
Remarks at a World AIDS Day Event
Remarks
John Kerry
Secretary of State
Eisenhower Executive Office Building
Washington, DC
December 1, 2014


Susan, thank you.  Thank you for a wonderfully generous introduction and thank you most importantly for your extremely important comments this morning.  And I was really sitting there thinking, as I was listening to you, the thought was occurring to me as we think of the challenges that we face in today’s world, and you were talking about both the moral compulsion of doing this as well as making the important new announcements that you were making.  And as I think about the things we do in the world, whether it’s the fact that we are the largest contributor to refugees with respect to the problem of Syria, or whether we are leading a charge to try to deal with Ebola now in addition to other things, but of all the things in the world that the United States can take pride in, this has to be one of the single biggest and most important.  This is such an incredible statement about America’s values, about our commitment, about our willingness to take on tough challenges.  And for all the nations who push back, the fact is we are making a difference and we are getting it done.

And I thank you personally, Susan, because your commitment to fighting this epidemic goes back decades.  I know that when you were head of African Affairs in the State Department, you were way ahead of the curve, not just defining this as a health crisis but also as a human rights crisis.  And I thank you for that.  You’ve wrestled with many of the real-time challenges that we face here for a long time, from expanding treatment capacity to access to building a long-term delivery system, and we are very grateful for your leadership and for the President’s leadership.  It continues.

I want to thank Secretary Burwell.  And I think it’s fair to say that the AIDS outreach led by the Secretary and HHS literally sets the gold standard globally, and we’re very proud of that.  I’m also grateful to Valerie Jarrett, to Tony Fauci, to Rajiv Shah, to Debbi Birx sitting here.  Debbi, thanks for your great job.  Mark Dybul, thank you for what you’re doing.  Dana Hyde, Gayle Smith, everybody – it’s such a team effort.  And I think we all can take pride in what the Peace Corps is doing, the MCC, DOD.  This is an all-hands-on-deck initiative.

There are so many AIDS warriors here in this room, and those of you tuned in who are livestreaming – scientists and public servants, and Republicans and Democrats, across all ideologies and lines – all of whom have put ideology and partisanship aside in order to embrace a universal vision.  And it’s a vision that is much bigger than any of us individually and bigger than any country.

As this gathering knows better than anybody, the fight against HIV/AIDS, as Susan just underscored, does remain an enduring challenge.  But thanks to landmark scientific advances, and frankly, thanks to the grit and determination of so many of you here in this room, the fact is we do have, as the President said, an AIDS-free generation in sight.  That is, in and of itself, an absolutely remarkable accomplishment.

And I will tell you, Susan referred to the days in the Senate – back in 1991, when Bill Frist and I had the privilege of chairing a Center for Strategic and International Studies first-ever task force on this subject that we knew precious little about, it was even difficult politically for some people to talk about it publicly.  The barrier was enormous.  And back then, the primary response to HIV/AIDS was fear – fear of contracting it, fear of those who had it, fear that in some cases even learning about it or taking steps to contain or to stop it might somehow be dangerous.

As recently as 10 years ago, as Susan said – she mentioned also a five-year demarcation point which is quite critical with respect to President Obama’s commitment to take this to a new level – it seemed like this would be a death sentence for an entire continent.  That’s how we looked at it.  And many predicted that the virus was beyond our control and that there was no way that we could possibly turn the tide.

Well, the tide is turning.  And it’s not a done deal, we know that.  This morning at our meeting in the State Department, Raj Shah cautioned all of us, and so did Debbi, about the challenges that are ahead.  But make no mistake, because of your efforts we are now reaching more people and saving more lives than ever before.

And when the President’s Emergency Plan for AIDS Relief first was launched in 2003, there were then some 10,000 infections daily.  Today, new HIV infections are down by nearly 40 percent, though still higher, obviously, than we want them to be.  Back then, more than 2 million people died from AIDS-related causes on a worldwide basis.  Today, we’ve cut those numbers by 34 percent.  Back then, AIDS threatened to wipe out a whole generation, leaving behind 14 million orphans and vulnerable children.  Today, we’ve slashed new infections among children in half.

So it is fair to say that we have achieved much of this because President Obama, when he came into office, was determined to set a higher standard.  And as you’ve heard directly from the President, PEPFAR is now supporting lifesaving anti-retroviral drug treatment for 7.7 million men, women, and children.  We’re providing HIV testing and counseling to more than 14 million pregnant women.  We’ve supported more than 6.5 million voluntary medical male circumcisions.  We’re training more than 140,000 new health care workers to deliver HIV and other health-related services in AIDS-affected countries, and we are mobilizing resources strategically to support UNAIDS’s 90-90-90 global targets.

So it is clear that we are at a real turning point, but emphasis today – battle not yet won.  There are major challenges ahead and they will require major commitments if we’re going to control the HIV/AIDS pandemic and achieve this AIDS-free generation that is our dream.

So first, we need to continue to make creative and strategic investments that are based on the latest science.  Only by sharing and using data efficiently are we going to be able to improve interventions and hold ourselves accountable.  That’s why I’m pleased to announce a new partnership between PEPFAR and the Millennium Challenge Corporation to promote even greater data transparency and use as part of our Country Health Partnerships.  We’re going to work with countries to create local data hubs, and these hubs are going to include key data to help countries control the disease – health, poverty, gender, you name it – and we will work with countries to set clear benchmarks and improve strategic planning, budget transparency, and decision making for better programming and sustainable results.

Second, we need to focus on the impact of HIV/AIDS on children, young women, and vulnerable populations.  And Susan was mentioning this incredible statistic about young women.  And that is why the United States announcement of a new partnership this summer between PEPFAR and the Children’s Investment Fund Foundation called Accelerating Children’s HIV/AIDS Treatment, or ACT, is so important.

Today, I am pleased to share the names of the ACT participating countries, and it’s a reflection of the hard work that everybody has done: Cameroon, Cote d’Ivoire, Democratic Republic of Congo, Kenya, Lesotho, Malawi, Mozambique, Tanzania, Zambia, and Zimbabwe.  These countries will lead the way in an effort to double the total number of children on lifesaving anti-retroviral therapy over the next two years.

We are also announcing a new global pediatric anti-retroviral commitment to action with our partners to accelerate the development of new anti-retroviral drugs for the children who need them most.  And this is a vital transformation.

Finally, we need to build sustainable health systems.  I don’t think that’s come home to us more than in the past months with respect to Ebola.  We all know that a central pillar of an effective health system is capable and experienced health care workforce.  Over the past 11 years, PEPFAR investments have strengthened health systems in developing countries, but we need to build on these results and we still have a long way to go.

And so today I am announcing PEPFAR’s new human resources for health strategy.  What we’re talking about here is a multi-million dollar effort that will strengthen the capacity of healthcare workers to deliver lifesaving HIV services.  This strategy will mark the next phase of the medical and nursing education partnership with Health and Human Services, and it will build on the global health service partnership with Peace Corps and Seed Global Health.  Our investment will improve clinical education, expand training for physicians and nurses, and build healthcare capacity.  It will also pay dividends for our engagement with some of the world’s most fragile states that are already grappling with Ebola and other health threats.  And if everybody steps up – bless you – we can do even more to meet these challenges.

Now every one of us who’ve traveled overseas in Africa knows what it’s like to walk into a hospital and see the operating room and see the facilities and the unbelievably complicated, difficult circumstances under which doctors and nurses are trying to operate and work.  I was stunned when I most recently was in the Democratic Republic of Congo, in Angola, and Ethiopia, and saw these facilities.  And I want to emphasize that the United States commitment to combatting HIV/AIDS through PEPFAR and our longstanding support of the Global Fund is as undiminished as our work is unfinished.

Our commitment has only been strengthened by the progress that we’ve made and the lives that we have saved.  That is a story worth telling and is also a story that compels all of us to continue this work.  On my last trip to Ethiopia, I visited the Gandhi Memorial Hospital in Addis Ababa, and I heard their story of the – from these remarkable people who were working in the AIDS component, the AIDS clinic in the hospital, and they told me about a woman named Abeba.

Abeba is the mother of two daughters.  She’s also HIV-positive.  And soon after her diagnosis, she found herself alone.  I mean literally alone – alone in the street wandering in the pouring rain.  She was trying to find the local health center, and she was literally too weak and too sick to be able to finish her journey.  She collapsed in the street.  And when a group of community workers spotted her, they didn’t drive by or look away.  They stopped and they picked her up and they brought her to this health center, and they found housing for her and they helped raise money to put a roof over her head and to nurse her back to health.

Abeba is not just a survivor, my friends.  She is working now to become a volunteer herself and a mentor to young women across Ethiopia.  And her story, I believe, underscores that all of our fates are inextricably linked together in this fight.  It’s not an inappropriate reminder to turn to the scriptures to remember that this responsibility is clearly declared for us:  “For I was hungry and you gave me food.  I was thirsty and you gave me drink.  I was a stranger and you welcomed me.”

On that day in the rain, strangers welcomed Abeba and it made all the difference.  And now Abeba is determined to welcome others in return.  That is the kind of courage and compassion and caring that has brought all of us this far in this fight – a long distance from where we were back in the beginning of the 1990s.  And that is what is most inspiring, and it needs to be inspiring here today on World AIDS Day.

We’re not done yet.  That’s the message that comes out of here from the President and from everyone in this Administration.  With the commitment of every person in this room, we can achieve an AIDS-free generation, and we can silence the armies of pessimism and cynicism and the indifference who said it could never be done.  We can and we will defeat this horrific disease, and I’ll tell you, that is a charge worth fighting to keep.  Thank you.  (Applause.)

SLEEP THERAPY CO. SETTLES ALLEGATIONS OF VIOLATING FALSE CLAIMS ACT

FROM:  THE JUSTICE DEPARTMENT
Monday, December 1, 2014
Government Settles False Claims Act Allegations Against Oxygen and Sleep Therapy Company


North Atlantic Medical Services Inc. (NAMS), doing business as Regional Home Care Inc., has agreed to pay $852,378 to resolve allegations that it violated the False Claims Act by submitting claims to Medicare and Medicaid for respiratory therapy services provided by unlicensed personnel, the Department of Justice announced today.  NAMS is a medical device company based in Massachusetts that provides equipment and services for the treatment of respiratory ailments, such as oxygen deficiency and sleep apnea. 

“Respiratory care services should be performed by properly licensed personnel,” said Acting Assistant Attorney General Joyce R. Branda for the Civil Division.  “We will not tolerate companies prioritizing their own profits and convenience at the expense of patient safeguards.”   

Medicare and Medicaid require suppliers of respiratory therapy equipment and services to comply with state licensing standards.  In Massachusetts, the Department of Public Health requires respiratory therapists to apply for and obtain a license.  Applicants can do so by passing the National Board for Respiratory Care’s “Certification Examination for Entry-Level Respiratory Therapy Practitioners” or obtaining a reciprocal license from a different jurisdiction.  This settlement resolves allegations that, from September 2010 to January 2013, NAMS used unlicensed employees to set up sleep apnea masks and oxygen therapy equipment for patients in Massachusetts.  The government alleged that, even after the Massachusetts Department of Public Health informed the company that the practice was illegal, NAMS continued to use unlicensed personnel and bill Medicare and Medicaid for these services.

“This respiratory care company flouted important licensure requirements, failed to provide patients the standard of care that they deserve and fraudulently billed the federal government for improperly rendered services,” said U.S. Attorney Carmen M. Ortiz for the District of Massachusetts.  “With the important assistance of whistleblowers, our health care fraud team seeks to ensure patient safety and protect the public fisc.”

“To safeguard patient health and ensure that taxpayer money is spent well, Medicare and Medicaid require providers of respiratory care services to follow state licensure rules,” said Special Agent in Charge Phillip M. Coyne for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).  “Companies seeking to boost profits by using unlicensed personnel will be held accountable for their actions.”

Medicaid is jointly funded by the states and federal government.  The Commonwealth of Massachusetts, which paid in part for the Medicaid claims at issue, will receive $229,210 of the settlement amount.

The government’s investigation was initiated by a qui tam, or whistleblower, lawsuit filed under the False Claims Act by former NAMS employees Konstantinos Gakis and Demetri Papageorgiou.  The False Claims Act allows private citizens to file suit for false claims on behalf of the government and to share in the government’s recovery.  Gakis and Papageorgiou will receive $153,428.  

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $23.2 billion through False Claims Act cases, with more than $14.9 billion of that amount recovered in cases involving fraud against federal health care programs.

This settlement was the result of a coordinated effort by the Civil Division, the U.S. Attorney’s Office for the District of Massachusetts, FBI, HHS-OIG, and the Commonwealth of Massachusetts.

U.S. CONGRATULATES PEOPLE OF URUGUAY ON THEIR "PEACEFUL AND ORDERLY ELECTION"

FROM:  U.S. STATE DEPARTMENT
Press Statement
John Kerry
Secretary of State
Washington, DC
December 1, 2014


We congratulate the Uruguayan people and electoral officials on a peaceful and orderly election. We look forward to working with President-elect Vazquez and his administration to advance our bilateral relationship. We are grateful for the vibrant relationship we have had with Uruguay under the leadership of President Mujica and congratulate him on winning a seat in the Senate.

The United States and Uruguay share a long history of successful partnership, anchored by a commitment to democracy and the rule of law, peace and citizen security, respect for human rights, social inclusion, and economic opportunity for all. Our longstanding cooperation and commitment to Uruguay and the Uruguayan people will continue to thrive with the next administration.

U.S. CONGRATULATES PEOPLE OF LAO PEOPLE'S DEMOCRATIC REPUBLIC ON THEIR NATINAL DAY

FROM:  U.S. STATE DEPARTMENT
Lao People's Democratic Republic Day
Press Statement
John Kerry
Secretary of State
Washington, DC
November 28, 2014


On behalf of President Obama and the people of the United States, I would like to congratulate President Choummaly Sayasone and the people of the Lao People’s Democratic Republic as you celebrate your National Day on December 2.

This year marks 64 years of diplomatic relations between the United States and Laos, and our longstanding cooperation continues to deepen.

The United States remains committed to working with the Lao Government to achieve its development goals in areas such as health and nutrition, education, and economic growth. We will continue to work in partnership with Laos to address the legacy of the Indochinese conflict by reducing the impact of unexploded ordnance and accounting for U.S. personnel missing in action. Looking ahead, the United States welcomes new opportunities to enhance the close partnership between our two nations.

I wish the Lao people peace, prosperity, and happiness in the coming year.

Monday, December 1, 2014

President Obama on World AIDS Day 2014

U.S. CONGRATULATES PEOPLE OF CENTRAL AFRICAN REPUBLIC ON THEIR NATINAL DAY

FROM:  U.S. STATE DEPARTMENT
John Kerry
Secretary of State
Washington, DC
December 1, 2014

Central African Republic National Day Message


On behalf of President Obama and the people of the United States, I congratulate the people of the Central African Republic as you celebrate your independence on December 1.

The United States is proud to stand with the courageous people of the Central African Republic. I commend all of you who are working to promote peace, advance the democratic transition, and promote national reconciliation.  The United States shares your vision for a future rooted in security, justice, and prosperity for everyone.

The resumption of operations at our embassy in Bangui this past September is a testament to our commitment. We will continue to support your country as you seek the peace and unity that you so richly deserve.

I wish all people of the Central African Republic a joyous National Day.

NSF VIDEO: ROBOTS IN A HUMAN WORLD

USFWS VIDEO: NINE WYOMING RANCHERS SIGN HISTORIC SAGE GROUSE AGREEMENT

U.S. CONGRATULATES PEOPLE OF ROMANIA ON THEIR NATIONAL DAY

FROM:  U.S. STATE DEPARTMENT
Romania's National Day
Press Statement
John Kerry
Secretary of State
Washington, DC
November 28, 2014


On behalf of President Obama and the American people, I congratulate all Romanians as you celebrate your Unification Day on December 1.

Ninety-six years ago, the people of Romania created a democracy that guaranteed equality for all nationalities and religions and protected the freedoms of press, association, and speech. We pay tribute to those visionary leaders and applaud all those who continue to defend those fundamental rights and strengthen your democracy, rule of law, and national diversity.

The United States is grateful for Romania’s strong partnership on regional and global security challenges. As NATO allies, our soldiers serve side-by-side in Afghanistan. They carry out joint military training exercises. And they collaborate at military bases in your country like Deveselu and Mihail Kogalniceanu.

As you celebrate with family and friends, I look forward to building on our strategic partnership for many years to come.

OCEANS SPRINGS, MISSISSIPPI TO PAY $437,000 TO RESOLVE DISABILITY DISCRIMINATION CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, November 25, 2014
City of Ocean Springs, Mississippi, Agrees to Reforms and $437,500 Payment to Resolve Disability Discrimination Lawsuit

The Justice Department today announced a settlement resolving a federal civil rights lawsuit against the City of Ocean Springs, Mississippi, for alleged violations of the Americans with Disabilities Act (ADA).  Under the proposed consent decree, the city will pay $437,500 in damages to an outpatient psychiatric treatment facility that was discriminated against by the city based on unsupported myths and stereotypes about prospective patients at the facility.  The decree requires the city to reform its land use and zoning practices to eliminate discriminatory barriers for providers of mental health services to people with disabilities and combat the stigma of mental illness.

The documents filed in federal court today allege that the city discriminated against Psycamore LLC when it denied a certificate of occupancy and a use permit because Psycamore treats patients with mental illness.  Psycamore sought to operate in an area allowing medical clinics and should have been allowed to operate by the city.  But the city would not allow it to open.  At public hearings called by the city a flier that depicted Psycamore as the psychiatric ward in the film One Flew Over the Cuckoo’s Nest was circulated to city officials.

The department found that the city based its decision on discriminatory beliefs, myths and stereotypes about Psycamore’s patients and their mental disabilities.  As a result, the city perpetuated the stigma surrounding mental illness, interfered with Psycamore’s ability to treat individuals with mental disabilities in Ocean Springs and forced Psycamore to delay opening its clinic and to move it to Biloxi, Mississippi.  Psycamore also suffered economic losses, including lost profits and out of pocket expenses.

“The Americans with Disabilities Act protects people with mental illness from discrimination and mental health facilities are protected from discrimination based on the disabilities of the people they serve.  ” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “The Civil Rights Division is committed to combating the stigma of mental illness, promoting greater community awareness and protecting the rights of persons living with mental illness as well as the persons and entities who serve them.”

“The participation of the U.S. Attorney’s Office in this important litigation sends a strong message that we will not tolerate discrimination of any kind in this district,” said U.S. Attorney Gregory K. Davis for the Southern District of Mississippi.  “Discrimination based upon myths, fears and stereotypes is never appropriate.  We are fully committed to ensuring that individuals with disabilities and those who provide services to them have a full and equal opportunity to participate in all facets of their communities.”

Under the consent decree, the city will adopt and implement policies to ensure nondiscriminatory zoning practices that will not limit access to needed services and treatment for people with mental disabilities.  City officials involved in zoning decisions will be trained on the ADA.  The city will also report to the Justice Department on future land use decisions involving individuals with disabilities and hire an ADA coordinator to oversee the city’s compliance with the ADA and the consent decree.  In addition to paying damages to Psycamore, the consent decree requires the city to grant Psycamore a certificate of occupancy and use permit, if necessary, to return to Ocean Springs in the future in the same or similar zone where it previously sought to locate.

The ADA protects individuals with disabilities from discrimination in all activities of state and local government entities, including zoning and land use decisions.

SEC CHARGES HSBC SWISS-BASED PRIVATE BANK WITH FAILING TO REGISTER WITH SEC

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 
1/25/2014 12:40 PM EST

The Securities and Exchange Commission charged HSBC’s Swiss-based private banking arm with violating federal securities laws by failing to register with the SEC before providing cross-border brokerage and investment advisory services to U.S. clients.

HSBC Private Bank (Suisse) agreed to admit wrongdoing and pay $12.5 million to settle the SEC’s charges.

“HSBC’s Swiss private banking unit illegally conducted advisory or brokerage business with U.S. customers,” said Andrew J. Ceresney, Director of the SEC’s Division of Enforcement.  “HSBC Private Bank’s efforts to prevent registration violations ultimately failed because their compliance initiatives were not effectively implemented or monitored.”

According to the SEC’s order instituting settled administrative proceedings, HSBC Private Bank and its predecessors began providing cross-border advisory and brokerage services in the U.S. more than 10 years ago, amassing as many as 368 U.S. client accounts and collecting fees totaling approximately $5.7 million.  Personnel traveled to the U.S. on at least 40 occasions to solicit clients, provide investment advice, and induce securities transactions.  These relationship managers were not registered to provide such services nor were they affiliated with a registered investment adviser or broker-dealer.  The relationship managers also communicated directly with clients in the U.S. through overseas mail and e-mails.  In 2010, HSBC Private Bank decided to exit the U.S. cross-border business, and nearly all of its U.S. client accounts were closed or transferred by the end of 2011.

According to the SEC’s order, HSBC Private Bank understood there was a risk of violating the federal securities laws by providing unregistered broker-dealer and investment advisory services to U.S. clients, and the firm undertook certain compliance initiatives in an effort to manage and mitigate the risk.  The firm created a dedicated North American desk to consolidate U.S. client accounts among a smaller number of relationship managers and service them in a compliant manner that would not violate U.S. registration requirements.  However, relationship managers were reluctant to lose clients by transferring them to the North American desk.  HSBC Private Bank’s internal reviews revealed multiple occasions when U.S. accounts that were expected to be closed under certain compliance initiatives remained open.

The SEC’s order finds that HSBC Private Bank willfully violated Section 15(a) of the Securities Exchange Act of 1934 and Section 203(a) of the Investment Advisers Act of 1940.  HSBC Private Bank agreed to admit the facts in the SEC’s order, acknowledge that its conduct violated the federal securities laws, and accept a censure and a cease-and-desist order.  The firm agreed to pay $5,723,193 in disgorgement, $4,215,543 in prejudgment interest, and a $2.6 million penalty.

The SEC’s investigation was conducted by Matthew R. Estabrook and David S. Karp, and the case was supervised by Laura B. Josephs.  The SEC appreciates the assistance of the Swiss Financial Market Supervisory Authority.

Sunday, November 30, 2014

U.S. CONGRATULATES PEOPLE OF NAMIBIA ON ELECTIONS

FROM:  U.S. STATE DEPARTMENT
Press Statement
John Kerry
Secretary of State
Washington, DC
November 30, 2014


The United States congratulates the people of Namibia for exercising their democratic right to vote in presidential and parliamentary elections on November 28.

Namibia has once again demonstrated its commitment to an open electoral process and respect for presidential term limits. We applaud the active participation of Namibia’s political parties, civil society, and citizens in shaping an inclusive discussion throughout the campaign. The extraordinary participation among first-time voters and women candidates reflects the progress that Namibia has made and the commitment of the Namibian people to a democratic future.

The United States and Namibia share a strong partnership. We work together to strengthen health care systems, counter threats to Namibia’s unique ecosystems, promote peace and security in the region, and protect human rights for all of Namibia’s citizens, particularly the most vulnerable in society.

The United States looks forward to continuing our partnership with the new Namibian Government and the people of Namibia in support of Namibia’s development and the welfare of its people.

QATARI COURT OVERRUNS CONVICTIONS OF MATHEW AND GRACE HUANG

FROM:  U.S. STATE DEPARTMENT
Press Statement
John Kerry
Secretary of State
Washington, DC
November 30, 2014


I welcome the decision of the Qatari Court of Appeals to overturn the conviction of Matthew and Grace Huang. The thoroughly documented findings of the court clearly establish the Huang's innocence. The 22 long months of court proceedings following their daughter's tragic death have compounded the tragedy for the Huang family, and it is time now, as the Appeals Court stated, to let the Huangs return home. We are deeply concerned about new delays that have prevented their departure. I spoke with Qatari Foreign Minister Attiya today and called on the government to immediately implement the court’s decision and permit their return to the United States without further delay.

WHITE HOUSE VIDEO: 2014 WHITE HOUSE CHRISTMAS TREE ARRIVES

NSF VIDEO: INTERSTELLAR, MEET LARGE HADRON COLLIDER (SPOILER ALERT!)

U.S. CONGRATULATES PEOPLE OF BARBADOS' ON THEIR INDEPENDENCE DAY

FROM:  U.S. STATE DEPARTMENT
Barbados' Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
November 28, 2014


On behalf of President Obama and the people of the United States, I congratulate the people of Barbados on the occasion of your 48th year of independence on November 30.

The United States and Barbados share a long history of friendship and cooperation based on common interests and values.

We are working together to advance citizen safety through the Caribbean Basin Security Initiative.

We are deepening our economic ties through the Caribbean Basin Initiative, which grants duty-free entry into the United States for many goods.

And we are expanding opportunities for our students through the EducationUSA college fair organized by our Embassy in Bridgetown. We are proud that more than 30 American universities participated in this fair. Educational exchange programs can have a transformative impact, which is exactly why they are such a high priority for me as Secretary of State.

On behalf of the American people, I wish you a happy and fulfilling Independence Day.

USFWS VIDEO: LESSONS FROM HURRICANE SANDY-BUILDING A STRONGER COAST

FRANK A. ROSE MAKES REMARKS ON SPACE SECURITY AND OUTER SPACE EXPLORATION

FROM:  U.S. STATE DEPARTMENT 
11/25/2014 09:22 AM EST
Promoting Space Security and Sustainability
Remarks
Frank A. Rose
Deputy Assistant Secretary, Bureau of Arms Control, Verification and Compliance
International Institute for Strategic Studies
London, United Kingdom
November 21, 2014
As prepared
Introduction

Thank you for that kind introduction, and thanks to the International Institute of Strategic Studies for having me back here today to discuss an issue of vital interest: ensuring the long-term sustainability, stability, safety, and security of the space environment.

For decades, we have been inspired by humanity’s space endeavors and reaped the benefits of the use and exploration of outer space. While some take these benefits for granted, let me be clear: space assets are essential to U.S. national security as well as the security of our allies and coalition partners. This shared interest is recognized here in the United Kingdom, where HM Government’s National Space Security Policy establishes the promotion of a safe and more secure space environment as a key objective.

Outer space is a domain that no nation owns but on which all rely. Yet today, space is becoming increasingly congested from orbital debris, including man-made threats—such as the testing of debris-generating anti-satellite, or ASAT, systems. Left unchecked, such debris could result in access to some space services being seriously degraded or even lost – creating a direct threat to international security.

The world’s growing dependence on the globe-spanning and interconnected nature of space capabilities mean that it is more important than ever for all citizens to understand that irresponsible acts in space by one entity can have damaging consequences for all. Therefore, all nations must work together to adopt a responsible approach to activities in outer space in order to preserve this domain for future generations.

Today, I would like to cover two aspects in regard to ensuring the security and sustainability of the space environment: first, the risks and dangers to space systems from debris generating ASAT tests; second, the role of international diplomatic initiatives in protecting the long-term sustainability and security of the space environment.

Threats to Outer Space

Let me start with the risks and dangers. On July 23 of this year, the Chinese Government conducted a non-destructive test of a missile designed to destroy satellites in low Earth orbit. Despite China’s claims that this was a missile defense test, let me assure you the United States has high confidence in its assessment, that the event was indeed an ASAT test.

And China is not the only one pursuing these capabilities. As Director of National Intelligence James Clapper noted in his January 2014 congressional testimony, “Russian leaders openly maintain that the Russian armed forces have antisatellite weapons and conduct antisatellite research.”

The United States believes that these threats, which include the continued development and testing of destructive anti-satellite systems, are both destabilizing and threaten the long-term security and sustainability of the outer space environment. Moreover, these threats affect all who benefit from outer space including the scientific, commercial, and civil space communities. Indeed, thousands of pieces of debris about 10 cm and larger from the 2007 Chinese ASAT test continue to endanger space systems from all nations, including China.

On the security side, ASAT weapons directly threaten satellites and the strategic and tactical information and services those satellites provide, and their use could be escalatory in a crisis or conflict. They also pose a direct threat to key assets used in arms control verification monitoring, command and control and communication, and warning and attack assessment. A debris generating test or attack may only be minutes in duration, but the consequences can last decades and indiscriminately threaten the space-based assets of all space-faring nations, and the information from space upon which all nations depend.

On the civil space side, between 2007 and 2014, NASA has had to perform eight debris avoidance maneuvers of its robotic spacecraft due to possible collisions with debris from the 2007 Chinese ASAT test. Two of these spacecraft maneuvers were conducted in 2014. Just as these systems threaten our national security space systems, they can threaten the civil satellites that are so essential to our everyday lives.

Multilateral Efforts toward a Stable and Sustainable Space Environment

Given these threats and the current era where many States and nongovernmental organizations are harnessing the benefits of outer space, we have no choice but to work with our allies and partners around the world to ensure the long-term sustainability of the space environment. We also must speak clearly and publicly about what behavior the international community should find both acceptable and unacceptable. Over the past few years, the United States has worked to support a number of multilateral initiatives that seek to establish consensus guidelines for space activities that are both in the national security interests of the United States, and will further the long-term stability and sustainability of the space environment.

Just last year, I served as the United States expert on a United Nations Group of Governmental Experts (GGE) study of outer space transparency and confidence-building measures (TCBMs). The consensus GGE report which was published in July of last year endorsed voluntary, non-legally binding TCBMs to strengthen sustainability and security in space. The GGE benefited immensely from the contributions of Professor Richard Crowther of the U.K. Space Agency, who worked with several other experts to define a rigorous set of criteria for considering space TCBMs. This work contributed to the GGE’s recommendation that States implement measures to promote coordination to enhance safety and predictability in the uses of outer space. The report also endorsed “efforts to pursue political commitments, for example, a multilateral code of conduct, to encourage responsible actions in, and the peaceful use of, outer space.”

This International Code of Conduct for Outer Space Activities is another important multilateral initiative. Among the Code’s commitments for signatories is to refrain from any action which brings about, directly or indirectly, damage, or destruction, of space objects and to minimize, to the greatest extent possible, the creation of space debris, in particular, the creation of long-lived space debris. The Code could also help solidify safe operational practices, reduce the chance of collisions or other harmful interference with nations’ activities, contribute to our awareness of the space environment through notifications, and strengthen stability in space by helping establish norms for responsible behavior in space.

Lastly, the UN Committee on the Peaceful Uses of Outer Space (COPUOS) is also doing important work to move forward in the development of new international long-term sustainability guidelines. U.S. and U.K. experts from the private sector as well the federal government have played a leading role in the COPUOS Working Group on the Long-term Sustainability of Outer Space Activities. These efforts contribute to the development of multilateral and bilateral space TCBMs. Exchanges of information between space operations centers also can serve as useful confidence building measures.

Multilateral diplomatic initiatives contribute greatly to defining acceptable and unacceptable behaviors in space and therefore are key components of the United States deterrence strategy. In addition, if we are serious about maintaining the space environment for future generations, we must support such measures that promote positive activities in space and further the creation of norms which dissuade countries from taking destabilizing actions such as the testing of debris-generating ASAT systems. By working with the international community, we can, and must, advance the long-term sustainability and security of the outer space environment for all nations and future generations

With that, I would like to thank you for your time and stop here in order to leave time for questions.

Saturday, November 29, 2014

NSF VIDEO: UNMANNED UNDERWATER VEHICLE TESTED BENEATH ANTARCTICA

COLOR HIGHLIGHTS URANUS


Cption Credit:  NASA.  The false colors in this image indicate altitude. The green and blue regions show where the atmosphere is clear, allowing sunlight to penetrate deep into Uranus. In the yellow and gray regions, a haze or cloud layer is reflecting sunlight away. Orange and red colors indicate very high clouds, like cirrus clouds on Earth.  Credit: Erich Karkoschka (University of Arizona) and NASA

U.S. MARSHALS SERVICE ISSUES UPDATE ON ACCUSED ARMED CASINO TAKEOVER FUGITIVES

FROM:  U.S. MARSHALS SERVICE
November 21, 2014    
Robert M. Alexander, Supervisory Deputy U.S. Marshal
District of Nevada, Reno Office
Update on the Status of Three Individuals Accused of Armed Casino Takeover



Reno, NV – Northern Nevada’s U.S. Marshals led fugitive taskforce is actively seeking the whereabouts of Timothy Tofaute  and David Dixon. The two men are accused of an armed takeover of the Chukchansi Indian Resort and Casino in Coarsegold, California on October 9, 2014. Brian Auchenbach, who was also named on an arrest warrant related to this event, turned himself in to the Madera County Sheriff yesterday, November 20, and was subsequently released on $800,000 bail.

Tofaute, 46, Dixon, 35, and Auchenbach, 38, along with other private security contractors, are facing multiple felony charges including kidnapping, false imprisonment, and assault with a deadly weapon stemming from the events at the casino that day. Tofaute and Dixon remain outstanding and are still being pursued. Both men have extensive military and private security training. Tofaute is a former Navy SEAL. Due to their background and the nature of the charges, they should be considered armed and dangerous. The Madera County Sheriff’s Department is the lead investigative agency for this case.

The U.S. Marshals Office in Reno would like to thank the public and local media outlets for their efforts in this important matter. The results achieved so far would not have been possible without the assistance of both. Anyone with information about the fugitives being sought in this case is encouraged to call the U.S. Marshals led Fugitive Taskforce at 775-686-5780, Secret Witness, or local police. All callers may remain anonymous.

     Original News Release

NSF VIDEO: SEA SPRAY: COMPLEX CHEMISTRY WITH BIG EFFECTS ON CLIMATE-SCIENCE NATION

"STEALTHGENIE" SPAYWARE APP SELLER PLEADS GUILTY

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, November 25, 2014
Man Pleads Guilty for Selling "StealthGenie" Spyware App and Ordered to Pay $500,000 Fine

A Danish citizen today pleaded guilty in the Eastern District of Virginia and was ordered to pay a fine of $500,000 for advertising and selling StealthGenie, a spyware application (app) that could remotely monitor calls, texts, videos and other communications on mobile phones without detection.  This marks the first-ever criminal conviction concerning the advertisement and sale of a mobile device spyware app.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Assistant Director in Charge Andrew G. McCabe of the FBI’s Washington Field Office made the announcement after a hearing before U.S. District Judge Leonie M. Brinkema in the Eastern District of Virginia.

“Spyware is an electronic eavesdropping tool that secretly and illegally invades individual privacy,” said Assistant Attorney General Caldwell.  “Make no mistake: selling spyware is a federal crime, and the Criminal Division will make a federal case out if it.  Today’s guilty plea by a creator of the StealthGenie spyware is another demonstration of our commitment to prosecuting those who would invade personal privacy.”

“The defendant advertised and sold a spyware app that could be secretly installed on smart phones without the knowledge of the phones owner,” said U.S. Attorney Boente.  “This spyware app allowed individuals to intercept phone calls, electronic mail, text messages, voicemails and photographs of others.  The product allowed for the wholesale invasion of privacy by other individuals, and this office in coordination with our law enforcement partners will prosecute not just users of apps like this, but the makers and marketers of such tools as well.”

“Mr. Akbar is the first-ever person to admit criminal activity in advertising and selling spyware that invades an unwitting victim’s confidential communications,” said FBI Assistant Director in Charge McCabe.  “This illegal spyware provides individuals with an option to track a person’s every move without their knowledge.  As technology evolves, the FBI will continue to evolve to protect consumers from those who sell illegal spyware.”

According to the statement of facts accompanying the plea agreement in the case, Hammad Akbar, 31, is the chief executive officer of InvoCode Pvt. Limited and Cubitium Limited, the companies that advertised and sold StealthGenie online.  StealthGenie could be installed on a variety of different brands of mobile phones, including Apple’s iPhone, Google’s Android, and Blackberry Limited’s Blackberry.  Once installed, it could intercept all conversations and text messages sent using the phone.  The app was undetectable by most users and was advertised as being untraceable.

Akbar was arrested on Sept. 27, 2014, in Los Angeles and pleaded guilty today to sale of an interception device and advertisement of a known interception device.  After accepting the guilty plea, the court immediately sentenced Akbar to time served and ordered him to pay a $500,000 fine.  He was also ordered to forfeit the source code for StealthGenie to the government.

On Sept. 26, 2014, the court issued a temporary restraining order authorizing the FBI to temporarily disable the website hosting StealthGenie, which was hosted from a data center in Ashburn, Virginia.  The court later converted the order into a temporary injunction, and the website remains offline.

According to Akbar’s admissions, StealthGenie had numerous functions that permitted it to intercept both outgoing and incoming telephone calls, electronic mail, text messages, voicemail, and photographs from the smartphone on which it was installed.  The app could also turn on the phone’s microphone when it was not in use and record sounds and conversations that occurred near the phone.  All of these functions could be enabled without the knowledge of the user of the phone.

In order to install the app, the purchaser needed at least temporary possession of the target phone.  During the installation process on an Android smartphone, for example, the person installing the app was required to grant a series of permissions that allowed the app to access privileged information on the device.  Once the app was activated, it was started as a “background” (i.e., hidden) service and set up to launch automatically when the phone was powered on.  The only time that the app interacted with the screen was during activation, and the icon for the app was removed from the phone’s menu.  Akbar admitted that because of these characteristics, a typical smartphone user would not know that StealthGenie had been installed on his or her smartphone.  

Akbar also admitted to distributing an advertisement for StealthGenie through his website on Nov. 5, 2011, and to selling the app to an undercover agent of the FBI on Dec. 14, 2012.

This case was investigated by the FBI’s Washington Field Office, and was prosecuted by Senior Trial Attorney William A. Hall Jr. of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Jay V. Prabhu and Alexander Nguyen of the Eastern District of Virginia.

Friday, November 28, 2014

Weekly Address: Happy Thanksgiving from the Obama Family

U.S. CONGRATULATES PEOPLE OF MAURITANIA ON THEIR INDEPENDENCE DAY

FROM:  U.S. STATE DEPARTMENT
Press Statement
John Kerry
Secretary of State
Washington, DC
November 28, 2014


On behalf of the American people, I send best wishes to the people of Mauritania on the 54th anniversary of your independence on November 28.

Mauritania and the United States have a strong partnership founded on shared interests for regional peace and security, and countering the spread of Ebola in West Africa.

Last August, I hosted President Mohamed Ould Abdel Aziz in Washington at the U.S. – African Leaders Conference. I thanked President Aziz for his work in crafting a ceasefire agreement in Mali and for your country’s commitment to counter-terrorism efforts throughout the Sahel.

I look forward to working with the Mauritania government and civil society to expand trade and increase prosperity for all Mauritanians in the years ahead.

On this day of celebration, I wish all Mauritanians a joyful Independence Day.

RECENT U.S. DOD PHOTOS: RAPTORS AND LIGHTNING

F-22 Raptors and F-35 Lightning IIs fly in formation over the Eglin Training Range, Fla., after completing an integration training mission, Nov. 5, 2014. The F-22s are assigned to the 94th Fighter Squadron on Joint Base Langley-Eustis, Va. The F-35s are assigned to the 58th Fighter Squadron on Eglin Air Force Base, Fla. U.S. Air Force photo by Master Sgt. Shane A. Cuomo.

F-22 Raptors and F-35 Lightning IIs taxi on the runway on Eglin Training Range, Fla., during an integration training mission, Nov. 5, 2014. U.S. Air Force photo by Master Sgt. Shane A. Cuomo.

SEC CHARGES PRINCIPALS OF OIL AND GAS COMPANY WITH FRAUD

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 23144 / November 26, 2014
Securities and Exchange Commission v. Paul R. Downey, et al., Civil Action No. 1:14-CV-00185-C (N.D. Tex. Abilene Division)


SEC Charges Principals of a Texas Oil and Gas Company with Conducting a Fraudulent Offering, and Charges Seller with Acting as an Unregistered Broker

On November 20, 2014, the Securities and Exchange Commission charged two principals of Quest Energy Management Group, Inc. (Quest), Paul Downey of Naples, Florida and Jeffry Downey of Abilene, Texas, with conducting a fraudulent offering of preferred stock and limited partnership interests. The SEC also charged John Leonard, a salesman residing in Naples and Chicago, with acting as an unregistered broker in offering and selling the investment.

The SEC alleges that between January 2010 and May 2011, the father-son duo of Paul and Jeffry Downey used Quest, an Albany, Texas-based oil and gas company, to fraudulently offer Quest preferred stock and limited partnership units in an entity called Permian Advanced Oil Recovery Investment Fund I, LP (PAOR). Investors were told that PAOR would acquire working interests in oil and gas leases from Quest and receive revenue from those leases. With assistance from unregistered salesman John Leonard, the Downeys raised $4.8 million from approximately 17 investors. The PAOR offering was fraudulent on account of blatantly deceptive misstatements about Quest and PAOR. More particularly, the Downeys made false statements in the private placement memorandum about the financial viability of Quest; the purchase debt and liens associated with certain leases in which PAOR was acquiring an interest; the current and projected petroleum production from the leases; the use of investor funds raised in the offering; independent audits of PAOR; and foreseeable litigation against Quest and the Downeys.

On May 24, 2013, the U. S. District Court for the Middle District of Florida, Tampa Division, appointed Burton Wiand, a Tampa attorney, as receiver over Quest, based on Quest's receipt of funds from a Ponzi scheme conducted by Arthur Nadel and others. In re Arthur Nadel, et al., Lit. Rel. No. 20858 (January 21, 2009). The receivership is ongoing.

The SEC's complaint against the Downeys and Leonard alleges that the Downeys violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder, and that Leonard violated Section 15(a) of the Exchange Act. The SEC's complaint seeks from the Downeys and Leonard disgorgement of ill-gotten gains with prejudgment interest, civil penalties, and permanent injunctive relief, and additionally against the Downeys, officer and director bars.

The SEC's investigation was conducted by Jeffrey Cohen, Carol Hahn, and Joann Harris, and the SEC's litigation is being led by B. David Fraser. The SEC appreciates the assistance of the Texas State Securities Board.

LONG RUNNING CONFLICT IN SENEGAL

FROM:  U.S. STATE DEPARTMENT 
Sant'Egidio Playing Vital Role in Effort to End 30-Year Conflict in Senegal
Bureau of Conflict and Stabilization Operations
November 25, 2014

The insurgency in Senegal’s Casamance region is one of the longest-running conflicts in the world—and one of the least known. It began 32 years ago when the Movement of Democratic Forces of Casamance (MFDC) demanded that the area be granted independence. Geography is a critical factor in this standoff. Casamance is the southern-most portion of Senegal, but another country, The Gambia, runs east-to-west between the region and the northern areas of Senegal.

In January 2011 President M. Abdoulaye Wade stated his willingness to engage Sant'Egidio, a Catholic lay organization in Rome with experience in helping parties resolve conflicts

A few weeks later, the military wing of the MFDC agreed to participate. Little happened, however, until Macky Sall was elected president in 2012 and injected new energy into the quest for peace. “We saw an opportunity for the State Department to promote peace,” said CSO’s Rebecca Wall, who proposed that her bureau send a senior official to provide diplomatic support and international partner coordination for the peace process.

That official was retired Ambassador James Bullington, who had 12 years of Africa experience in hot spots such as Chad and Burundi, a great respect for local leadership, and plenty of Chattanooga charm.

“We can’t bring peace to the Casamance,” Ambassador Bullington said in late 2012, after his arrival in Dakar. “Only the Senegalese can do that. But we can provide political and material support for the peace process.” To build on the momentum and to keep this issue on the embassy’s radar screen despite competing priorities, Ambassador Bullington coordinated with Embassy Dakar staff and other U.S. government agencies to ensure a focused, interagency approach. He began speaking regularly with the Government of Senegal and Sant’Egidio, while encouraging regional neighbors, especially The Gambia, to cooperate in the peace initiative. In late 2013, Sue Ford Patrick served as the U.S. Casamance advisor, and in 2014, the State Department’s Africa Bureau deployed Ambassador Mark Boulware to continue this role. The UN and other international partners also made important contributions.

Sant'Egidio contacted MFDC leader Salif Sadio, and high-level delegations from MFDC visited the Community of Sant'Egidio in Rome three times between January and July 2012 to prepare the negotiations. “Sant’Egidio understands that negotiations take a long time and that relationship-building is the key to the ultimate success of a peace process,” said CSO’s Wall, who helped secure U.S. government funds to enlist Sant’Egidio.

The first round of talks between representatives of the MFDC and the government of Senegal took place that October. Sant’Egidio asked Sadiò to release eight hostages as a humanitarian gesture and as an act to promote a favorable climate for negotiations. On December 9, in Casamance, Sadio delivered the prisoners to an international delegation. At about the same time a de facto ceasefire took hold, and it remains in effect.

“Interreligious and ecumenical dialogue between Christian and Muslim community leaders and the political leaders promoted and created a positive synergy that is favourable to reconciliation,” Sant’Egidio said on its website. Negotiations in Rome and Senegal continue, in hopes that before long this conflict can be considered at an end.

SONY COMPUTER ENTERTAINMENT AMERICA TO SETTLE FTC CHARGES OF PLACING MISLEADING ADS

FROM:  U.S. FEDERAL TRADE COMMISSION 
Sony Computer Entertainment America To Provide Consumer Refunds To Settle FTC Charges Over Misleading Ads For PlayStation Vita Gaming Console
FTC Also Charges Los Angeles Ad Agency with Promoting Console through Deceptive Twitter Endorsements

Sony Computer Entertainment America (“Sony”) has agreed to settle Federal Trade Commission charges that it deceived consumers with false advertising claims about the “game changing” technological features of its PlayStation Vita handheld gaming console during its U.S. launch campaign in late 2011 and early 2012.

As part of its settlement with the FTC, Sony is barred from making similarly misleading advertising claims in the future, and will provide consumers who bought a PS Vita gaming console before June 1, 2012, either a $25 cash or credit refund, or a $50 merchandise voucher for select video games, and/or services. Sony will provide notice via email to consumers who are eligible for redress after the settlement is finalized by the Commission.

“As we enter the year’s biggest shopping period, companies need to be reminded that if they make product promises to consumers -- as Sony did with the “game changing” features of its PS Vita -- they must deliver on those pledges,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The FTC will not hesitate to act on behalf of consumers when companies or advertisers make false product claims.”

As part of its launch campaign for the PS Vita, Sony claimed that the pocket-sized console would revolutionize gaming mobility by enabling consumers to play their PlayStation 3 games via “remote play,” and that they could engage in “cross platform” play by starting a game on a PS3 and then continuing it on the go, right where they left off, on a PS Vita. The FTC alleges that each of these claims was misleading.

In a related action, the Commission charged that Deutsch LA, Sony’s advertising agency for the PS Vita launch, knew or should have known that the advertisements it produced contained misleading claims about the console’s cross platform and 3G capabilities.

The FTC also alleges that Deutsch LA further misled consumers by urging its employees to create awareness and excitement about the PS Vita on Twitter, without instructing employees to disclose their connection to the advertising agency or its then-client Sony. Under a separate settlement order, Deutsch LA is barred from such conduct in the future.

The PS Vita is a handheld gaming console that Sony first sold in the United States in February 2012 for about $250. Unlike the PS3, which allows consumers to play video games on a television, the PS Vita is a portable device that enables gamers to play “on the go,” untethered to a television screen.

FTC Complaint Against Sony Computer Entertainment America

The FTC’s complaint against Sony charges the company with making false claims about the PS Vita’s “cross platform gaming” or “cross-save” feature. Sony claimed, for example, that PS Vita users could pause any PS3 game at any time and continue to play the game on their PS Vita from where they left off. This feature, however, was only available for a few PS3 games, and the pause-and-save capability described in the ads varied significantly from game to game. For example, with respect to “MLB 12: The Show,” consumers could only save the game to the PS Vita after finishing the entire nine-inning game on their PS3. In addition, Sony failed to inform consumers that to use this feature, purchasers had to buy two versions of the same game – one for their PS3 and one for the PS Vita.

The FTC’s complaint also alleges that Sony’s PS Vita ads falsely implied that consumers who owned the 3G version of the device (which cost an extra $50 plus monthly fees) could engage in live, multi-player gaming through a 3G network. In fact, consumers could not engage in live, multiplayer gaming.

The complaint further alleges that Sony also falsely claimed that with the “remote play” feature, PS Vita users could easily access their PS3 games on their handheld consoles. In reality, most PS3 games were not remote playable on the PS Vita. Sony also misled consumers by falsely claiming that PS Vita users could remotely play the popular PS3 game, Killzone 3, on the PS Vita. In fact, Sony never enabled remote play on its Killzone 3 game title, and very few, if any, PS3 games of similar size and complexity were remote playable on the PS Vita.

FTC Complaint Against Deutsch LA

The FTC’s complaint against Deutsch LA charges the company with similarly misleading consumers through ads that it created touting the PS Vita’s cross-platform gaming and 3G features.

The Commission also alleges that Deutsch LA misled consumers with deceptive product endorsements for the PS Vita. Specifically, the agency used the term “#gamechanger” in its ads to direct consumers to online conversations about Sony’s console on Twitter. About a month before the gaming console was launched, one of Deutsch LA’s assistant account executives sent a company-wide email to staff asking them to help with the ad campaign by posting comments about the PS Vita on Twitter and using the same  “#gamechanger” hashtag, according to the complaint.

In response to the company-wide email, various Deutsch LA employees posted positive tweets about the PS Vita to their personal Twitter accounts, without disclosing their connection to Deutsch or Sony, the FTC alleged. The FTC has charged that the tweets were misleading, as they did not reflect the views of actual consumers who had used the PS Vita, and because they did not disclose that they were written by employees of Deutsch LA.

Proposed Settlement Orders

The proposed settlement orders prohibit both Sony and Deutsch LA from making similar misrepresentations in the future when promoting the features or capabilities of handheld gaming consoles. The proposed order against Deutsch LA also bars it from misrepresenting that an endorser of any game console product or video game product is an independent user or ordinary consumer of the product. In addition, the proposed order requires Deutsch LA to disclose a material connection, where one exists, between any endorser of a game console product or video game product and Deutsch LA or other entity involved in the manufacture or marketing of the product. These requirements are in line with the FTC’s Endorsement Guides,

The proposed order against Sony requires it to send email notifications to all consumers it can reasonably identify as having bought a PS Vita before June 1, 2012.

Information for Consumers

The FTC has information for consumers about how to detect and avoid advertisements that may be deceptive or misleading, including a new blog post, Sony Ads Shouldn’t Play Games.

The Commission vote to accept both proposed consent orders for public comment was 5-0.

FDIC REPORTS COMMERCIAL BANK AND SAVINGS INSTITUTION NET INCOME FOR THIRD QUARTER

 FROM:  FEDERAL DEPOSIT INSURANCE CORPORATION 
November 25, 2014Media Contact:
David Barr (202) 898-6992
dbarr@fdic.gov
Commercial banks and savings institutions insured by the Federal Deposit Insurance Corporation (FDIC) reported aggregate net income of $38.7 billion in the third quarter of 2014, up $2.6 billion (7.3 percent) from earnings of $36.1 billion the industry reported a year earlier. The increase in earnings was mainly attributable to a $7.8 billion (4.8 percent) increase in net operating revenue (the sum of net interest income and total noninterest income), the biggest since the fourth quarter of 2009. Almost two-thirds of the 6,589 insured institutions reporting (62.9 percent) had year-over-year growth in quarterly earnings. The proportion of banks that were unprofitable during the third quarter fell to 6.4 percent from 8.7 percent a year earlier.

"The banking industry had another positive quarter," FDIC Chairman Martin J. Gruenberg said. "Community banks, in particular, performed better than a year ago. Most importantly, third quarter income growth was based on revenue growth instead of lower loan-loss provisions. This can be a more sustainable foundation for continued earnings growth going forward."

Total loan and lease balances rose by $50.9 billion (0.6 percent) in the third quarter to $8.2 trillion. Commercial and industrial loans increased by $10.1 billion (0.6 percent), and auto loans grew by $9 billion (2.4 percent), while balances of one- to four-family mortgage loans declined by $6.7 billion (0.4 percent). Over the last 12 months, loan and lease balances increased by 4.6 percent.

Noninterest income was $5.4 billion (9.2 percent) higher than a year ago. Gains from loan sales were $1.2 billion (45.6 percent) higher, while trading income was up by $1.1 billion (25.3 percent). This is the first time in the last five quarters that noninterest income has increased year-over-year.

Net interest income was up $2.4 billion (2.3 percent) from a year ago, as interest-bearing assets were 5.9 percent higher. The average net interest margin (the difference between the average yield banks earn on loans and other investments and the average cost of funding those investments) was 3.14 percent, down from the 3.26 percent average in the third quarter of 2013. This is the lowest quarterly average margin since 3.11 percent in the third quarter of 1989, as larger institutions increased their holdings of low-yield, liquid investments.

Noninterest expenses for goodwill impairment were $1.1 billion higher than a year ago, while itemized litigation expenses were $1.6 billion lower. Expenses for salaries and employee benefits were $2.0 billion (4.3 percent) higher than in the third quarter of 2013. Banks set aside $7.2 billion in provisions for loan losses, up 23.9 percent from $5.8 billion a year earlier. This is the first time in five years that the industry has reported a year-over-year increase in loss provisions.

Asset quality indicators continued to improve as insured banks and thrifts charged off $9.2 billion in uncollectible loans during the quarter, down $2.4 billion (21.0 percent) from a year earlier. The amount of noncurrent loans and leases (those 90 days or more past due or in nonaccrual status) fell by $9.7 billion (5.3 percent) during the quarter. The percentage of loans and leases that were noncurrent declined to 2.11 percent, the lowest level since the 2.09 percent posted at the end of the second quarter of 2008.

The average return on assets (ROA) rose slightly to 1.02 percent in the third quarter from 1.00 percent a year earlier. The average return on equity (ROE) rose from 8.94 percent to 9.04 percent.

Despite continued positive developments, Chairman Gruenberg noted: "Still, there are challenges ahead for the industry. Margins remain under pressure in this low interest rate environment. Institutions have responded by extending asset maturities, which raises concerns about interest-rate risk. And banks are increasing higher-risk loans to leveraged commercial borrowers. All of these issues continue to be matters of ongoing supervisory attention. Nevertheless, third quarter results were largely good news for community banks and for the entire banking industry."

Financial results for the third quarter of 2014 are contained in the FDIC's latest Quarterly Banking Profile, which was released today. Also among the findings:

Community banks earned $4.9 billion during the quarter. Starting with the Quarterly Banking Profile released for the first quarter of 2014, the FDIC added a new section that reports on the performance of community banks – those institutions that provide traditional, relationship-based banking services in their local communities. Based on criteria developed for the FDIC Community Banking Study published in December 2012, there were 6,107 community banks (93.0 percent of all FDIC-insured institutions) in the third quarter of 2014 with assets of $2.0 trillion (13.0 percent of industry assets). Third quarter net income at community banks of $4.9 billion was up $351 million (7.8 percent) from a year earlier, driven by higher net interest income and lower loan-loss provisions. The report also found that loan balances at community banks in the third quarter grew at a faster pace than in the industry as a whole, asset quality indicators continued to show improvement, and community banks continued to account for 45 percent of small loans to businesses.

The number of "problem banks" fell for the 14th consecutive quarter. The number of banks on the FDIC's "Problem List" declined from 354 to 329 during the quarter, the lowest since the 305 in the first quarter of 2009. The number of "problem" banks now is 63 percent below the post-crisis high of 888 at the end of the first quarter of 2011. Two FDIC-insured institutions failed in the third quarter, compared to six in the third quarter of 2013.

The Deposit Insurance Fund (DIF) balance continued to increase. The DIF balance (the net worth of the Fund) rose to a record $54.3 billion as of September 30 from $51.1 billion at the end of June. The Fund balance increased primarily due to assessment income, recoveries from litigation settlements, and receivership asset recoveries that exceeded estimates. Estimated insured deposits increased by 0.4 percent, and the DIF reserve ratio (the Fund balance as a percentage of estimated insured deposits) rose to 0.89 percent as of September 30 from 0.84 percent as of June 30. A year ago, the DIF reserve ratio was 0.68 percent. By law, the DIF must achieve a minimum reserve ratio of 1.35 percent by September 30, 2020.

Thursday, November 27, 2014

EUROPA: THE JUPITER MOON


FROM:  NASA 

Caption credit:  NASA.  The puzzling, fascinating surface of Jupiter’s icy moon Europa looms large in this newly-reprocessed color view, made from images taken by NASA's Galileo spacecraft in the late 1990s. This is the color view of Europa from Galileo that shows the largest portion of the moon's surface at the highest resolution. The view was previously released as a mosaic with lower resolution and strongly enhanced color (see PIA02590). To create this new version, the images were assembled into a realistic color view of the surface that approximates how Europa would appear to the human eye. The scene shows the stunning diversity of Europa’s surface geology. Long, linear cracks and ridges crisscross the surface, interrupted by regions of disrupted terrain where the surface ice crust has been broken up and re-frozen into new patterns. Color variations across the surface are associated with differences in geologic feature type and location. For example, areas that appear blue or white contain relatively pure water ice, while reddish and brownish areas include non-ice components in higher concentrations.

The polar regions, visible at the left and right of this view, are noticeably bluer than the more equatorial latitudes, which look more white. This color variation is thought to be due to differences in ice grain size in the two locations.  Images taken through near-infrared, green and violet filters have been combined to produce this view. The images have been corrected for light scattered outside of the image, to provide a color correction that is calibrated by wavelength. Gaps in the images have been filled with simulated color based on the color of nearby surface areas with similar terrain types. This global color view consists of images acquired by the Galileo Solid-State Imaging (SSI) experiment on the spacecraft's first and fourteenth orbits through the Jupiter system, in 1995 and 1998, respectively. Image scale is 2 miles (1.6 kilometers) per pixel. North on Europa is at right. The Galileo mission was managed by NASA's Jet Propulsion Laboratory in Pasadena, California, for the agency's Science Mission Directorate in Washington. JPL is a division of the California Institute of Technology, Pasadena.

SOYUZ TMA-15M ROCKET LAUNCHES FROM KAZAKHSTAN

FROM:  NASA

 The Soyuz TMA-15M rocket launches from the Baikonur Cosmodrome in Kazakhstan on Monday, Nov. 24, 2014 as seen in this long exposure carrying Expedition 42 Soyuz Commander Anton Shkaplerov of the Russian Federal Space Agency (Roscosmos), Flight Engineer Terry Virts of NASA, and Flight Engineer Samantha Cristoforetti of the European Space Agency (ESA) into orbit to begin their five and a half month mission on the International Space Station.  Image Credit: NASA/Aubrey Gemignani

NSF VIDEO: A DAY IN THE LIFE OF ROBOTINA

Wednesday, November 26, 2014

Space Station Live: Thanksgiving Feast on Orbit

West Wing Week: 11/28/14 or, "We Need Turkey"

U.S. CONGRATULATES PEOPLE OF ALBANIA ON THEIR INDEPENDENCE DAY

FROM:  U.S. STATE DEPARTMENT
Press Statement
John Kerry
Secretary of State
Washington, DC
November 26, 2014


On behalf of President Obama and the people of the United States, I congratulate the people of Albania as you celebrate your 102nd Independence Day on November 28.

Albania is a strong and reliable NATO ally and a force for stability in the Western Balkans. I thank the Albanian people for their support of the ISAF and Resolute Support missions in Afghanistan, as well as their immediate and valued contributions to the global coalition to counter ISIL.

The United States continues to actively support Albania’s efforts to meet the requirements for joining the European Union. I commend your progress on the path toward full Euro-Atlantic integration.

On this special occasion, the United States stands with you as a steadfast partner and ally.

U.S. FILES LAWSUIT CLAIMING COMPANY BILLED GOVERNMENT FOR INELIGIBLE PATIENTS

FROM:  U.S. JUSTICE DEPARTMENT
Tuesday, November 25, 2014
United States Files False Claims Act Lawsuit Against Las Vegas Hospice and Related Entities for Billing Medicare and Medicaid for Ineligible Patients


The United States has filed suit against Creekside Hospice II LLC, Skilled Healthcare Group Inc. (SKG), its holding company, and Skilled Healthcare LLC (SKH), an administrative services subsidiary of SKG that operates Creekside (collectively the Creekside entities), alleging that these entities knowingly submitted ineligible claims for hospice services and inflated claims for patient visits to government health care programs, the Justice Department announced today.

“The Medicare hospice benefit is intended to provide pain management and other palliative care to patients nearing the end of life, to help make them as comfortable as possible,” said Acting Assistant Attorney General Joyce R. Branda for the Civil Division.  “Too often, however, companies abuse this critical service by using aggressive marketing tactics to pressure patients who do not need, and may be ill-served, by these services in order to get higher reimbursements from the government.  The department will take swift action to protect taxpayer dollars and make sure that Medicare benefits are available to those who truly need them.”

The Medicare and Medicaid hospice benefits are available for patients who elect palliative treatment (medical care focused on providing patients with relief from pain and stress) for a terminal illness and have a life expectancy of six months or less if their disease runs its normal course.  When Medicare or Medicaid patients receive hospice services, they no longer receive services designed to cure their illnesses.

The government’s complaint alleges that the Creekside entities knowingly submitted or caused the submission of false claims for hospice care for patients who were not terminally ill.  According to the complaint, the companies allegedly directed staff to enroll patients in the hospice program regardless of the patients’ eligibility for hospice benefits, sometimes by instructing staff to change records after the hospice submitted claims for payment to indicate that all requirements had been met.  Management from Creekside, SKG and SKH also allegedly instructed employees to alter medical records to make it appear that doctors at the hospice had conducted personal visits with the patients, when in fact they had not occurred, in order to ensure reimbursement from Medicare and Medicaid.  The complaint alleges that Creekside management aggressively discouraged staff from permitting patients or their families to revoke their elections to accept hospice benefits.  The complaint also alleges that staff at Creekside were discouraged from documenting known improvements in a patient’s health in the medical record, called “Chart Killers” by the hospice, to ensure that Medicare or Medicaid would pay the hospice’s claim.

Further, the complaint alleges that the Creekside entities knowingly submitted or caused the submission of inflated claims to Medicare for services performed by the medical director.  The government alleges that the companies repeatedly used billing codes that resulted in higher payment by Medicare than were justified by the services actually performed.  As a result of the conduct alleged in the complaint, the government contends that the Creekside entities misspent tens of millions of taxpayer dollars from the Medicare and Medicaid programs. 

“In order to protect the financial integrity of the Medicare and Medicaid programs, upon which so many of our senior American citizens rely, both the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) have made combating healthcare fraud an enforcement priority,” said U.S. Attorney Daniel G. Bogden for the District of Nevada.  “This type of fraud will not be tolerated and DOJ and HHS will act swiftly when it does occur to pursue False Claims Act suits against violators.”

The United States filed its complaint in two consolidated lawsuits brought under the whistleblower provisions of the False Claims Act and the Nevada False Claims Act by Joanne Cretney-Tsosie, a clinical manager for Creekside, and Veneta Lepera, a former clinical manager for Creekside.  Under these statutes, a private citizen can sue for fraud on behalf of the United States and the state of Nevada, respectively, and share in any recovery.  The federal and state governments are entitled to intervene in such a lawsuit, as they have done in this case.

The United States’ suit is part of the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $23.1 billion through False Claims Act cases, with more than $14.8 billion of that amount recovered in cases involving fraud against federal health care programs.

This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Nevada, the Nevada Attorney General’s Office and the HHS Office of Inspector General.  The claims asserted against Creekside Hospice, SKG and SKH are allegations only and there has been no determination of liability.

NASA VIDEO | SWIFT: A DECADE OF GAME-CHANGING ASTROPHYSICS

U.S. UNITED NATIONS REPRESENTATIVE POWERS MAKES REMARKS ON UN RESOLUTIONS CONDEMNING ISRAEL

FROM:  U.S. STATE DEPARTMENT 
Samantha Power
U.S. Permanent Representative to the United Nations 
New York, NY
November 25, 2014
AS DELIVERED

Like everyone in this assembly hall, we are deeply concerned about the volatile situation in the Middle East. The United States has made an enormous effort, especially over the last year and a half, to work with the parties in trying to pave the road towards achieving a negotiated final-status agreement allowing two states to live side-by-side in peace and security.

In this context, the United States remains profoundly troubled by the repetitive and disproportionate number of one-sided General Assembly resolutions condemning Israel – a total of 18 this year. This grossly one-sided approach damages the prospects for peace by undermining trust between parties and damaging the kind of international support critical to achieving peace. All parties to the conflict have direct responsibilities for ending it, and we are disappointed that UN Members continually single out Israel without acknowledging the responsibilities and difficult steps that must be taken on all sides. These unbalanced, one-sided resolutions set back our collective efforts to advance a peaceful resolution to the conflict in the Middle East, and they damage the institutional credibility of the United Nations.

Of these annual resolutions, which unfairly single out one country and consistently lack balance, three are particularly troubling to the United States: the “Division for Palestinian Rights of the Secretariat;” the “Committee on the Exercise of the Inalienable Rights of the Palestinian People;” and the “Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories.” These resolutions renew mandates for UN bodies established decades ago, wasting valuable resources and reinforcing the perception of systematic UN bias against Israel. All member states should evaluate the effectiveness of supporting and funding these bodies.

I do want to add that our continued opposition to the resolution on “Israeli Settlements in the Occupied Palestinian Territory, including Jerusalem, and the Occupied Golan,” which will come up for a vote in this Assembly next month, should not be understood to mean that we support settlement activity. On the contrary, we reject in the strongest terms Israeli settlements in territories occupied in 1967. Settlements are illegitimate, and they damage Israel’s security and the hopes for peace.

Continued settlement activity is contrary to Israel’s stated goal of negotiating a permanent status agreement with the Palestinians and is inconsistent with Israel’s international commitments.

During the past year, we have been deeply concerned by Israel’s advancement of plans for thousands of additional housing units in the West Bank and East Jerusalem. We have made clear that such action only draws condemnation from the international community, poisons the atmosphere not only with the Palestinians but also with the very Arab governments with which the Israeli government says it wants to build relations, and undermines the prospect for a peaceful negotiated agreement with the Palestinians.

Both sides took unhelpful steps that undercut the most recent round of final status negotiations. The scale and timing of Israel’s settlement activities contributed significantly to the erosion of trust between the parties.

The United States is in full agreement about the urgent need to resolve the conflict between Israel and the Palestinians, based on the two-state solution and an agreement that establishes a viable, independent, and contiguous state of Palestine, once and for all. We’ve invested a tremendous amount of effort and resources in pursuit of this shared goal, and we firmly believe that the parties need to resolve the conflict through direct negotiations. If the parties are willing and ready to take that step, we stand ready to support them and to continue our efforts to advance the cause of peace.

In closing, while the United States unequivocally rejects Israeli settlements in territories occupied in 1967, they do not justify the repetitive, disproportionate, and one-sided General Assembly resolutions condemning Israel, which do not advance our collective efforts to advance a peaceful resolution to the conflict.

Thank you.

DOD PHOTOS: NATIONAL GUARD HELPS REMOVE SNOW IN NEW YORK

FROM:  U.S. DEFENSE DEPARTMENT 



Soldiers help remove snow at a senior care center in Orchard Park, N.Y., Nov. 22, 2014 New York National Guard photo by U.S. Army Maj. Paul Hernandez




 Soldiers use heavy equipment to assist with snow removal in Buffalo, N.Y., Nov. 22, 2014. The soldiers are assigned to the New York Army National Guard's 152nd and 827th engineer companies. New York National Guard photo by U.S. Army Maj. Paul Hernandez

PRESIDENT OBAMA HONORS THE 2014 MEDAL OF FREEDOM RECIPIENTS

Search This Blog

Translate

White House.gov Press Office Feed