FROM: U.S. JUSTICE DEPARTMENT
Monday, January 5, 2015
Former Acting HHS Cyber Security Director Sentenced to 25 Years in Prison for Engaging in Child Pornography Enterprise
Five Others Previously Sentenced to Substantial Prison Terms for Participation in the Same Tor-Network-Based Child Pornography Website
The former acting director of cyber security at the U.S. Department of Health and Human Services was sentenced to 25 years in federal prison today for engaging in a child exploitation enterprise and related charges in connection with his membership in a Tor-network-based child pornography website.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Deborah R. Gilg of the District of Nebraska and Special Agent in Charge Thomas R. Metz of the FBI’s Omaha Division made the announcement.
“Using the same technological expertise he employed as Acting Director of Cyber Security at HHS, DeFoggi attempted to sexually exploit children and traffic in child pornography through an anonymous computer network of child predators,” said Assistant Attorney General Caldwell. “But dangerous criminals cannot be allowed to operate on-line with impunity. Today’s sentence shows that the Department of Justice will bring criminals and child predators to justice, even when they employ anonymous networks like Tor.”
“Today's sentence and the others imposed earlier demonstrate that those who exploit children will be aggressively pursued and prosecuted to the full extent of the law,” said U.S. Attorney Gilg. “Those who think they are acting anonymously on the Internet will be found and held accountable.”
“The production and distribution of child pornography is one of the most saddening, tragic crimes the FBI investigates,” said Special Agent in Charge Metz. “Today’s sentencing sends a message to those who advertise, distribute, possess, and trade child pornography that the FBI will look for you, will find you and will make sure you are prosecuted to the fullest extent of the law.”
Timothy DeFoggi, 56, formerly of Germantown, Maryland, was convicted on Aug. 26, 2014, following a four-day jury trial before Chief U.S. District Judge Laurie Smith Camp in the District of Nebraska of engaging in a child exploitation enterprise, conspiracy to advertise and distribute child pornography and accessing a computer with intent to view child pornography.
According to evidence presented at trial, DeFoggi registered as a member of the Tor-network-based child pornography website on March 2, 2012, and maintained his membership and activity until Dec. 8, 2012, when the website was taken down by the FBI. The website’s users utilized advanced technological means in order to undermine law enforcement’s attempts to identify them. The website was accessible only through Tor, an Internet application specifically designed to facilitate anonymous communication. Acting under the cloak of anonymity, users advised others on best practices to prevent detection by law enforcement, including advice about the proper use of encryption software, techniques to hide or password-protect child pornography collections, and programs to remove data from a user’s computer.
Through the website, DeFoggi accessed child pornography, solicited child pornography from other members, and exchanged private messages with other members in which he expressed an interest in the violent rape and murder of children. DeFoggi suggested meeting one member in person to fulfill their mutual fantasies to violently rape and murder children.
DeFoggi was the sixth individual to be convicted as part of an ongoing investigation targeting three Tor-network-based child pornography websites. The websites were run by a single administrator, Aaron McGrath, who was previously convicted in the District of Nebraska of engaging in a child exploitation enterprise in connection with his administration of the websites. On Jan. 31, 2014, McGrath was sentenced to 20 years in prison by Senior U.S. District Judge Joseph F. Bataillon.
Four other members of the same website as DeFoggi were previously convicted and sentenced by Senior U.S. District Judge Bataillon in connection with their illegal activity on the site:
Jason Flanary, then 42, formerly of Chicago, Illinois, the Philippines, and Guam, was sentenced to 20 years in prison on June 30, 2014.
Wesley Cameron, then 22, formerly of Ashford, Alabama, was sentenced to 15 years in prison on Oct. 24, 2014.
Zackary Austin, 28, formerly of Reno, Nevada, was sentenced to 16 years in prison on Nov. 6, 2014.
Charles MacMillan, 29, formerly of Rockville, Maryland, was sentenced to 12 years in prison on Nov. 7, 2014.
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case is a result of investigative efforts led by the FBI’s Omaha Field Office and the FBI’s Violent Crimes against Children Section, Major Case Coordination Unit, and Digital Analysis and Research Center. The FBI was assisted in its investigation by Europol, the European Union’s law enforcement agency, as well as members of the FBI’s Violent Crimes Against Children International Task Force. This case was prosecuted by Trial Attorneys Keith Becker and Sarah Chang of CEOS and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska.
Tuesday, January 6, 2015
DOD HAS "ZERO TOLERANCE" FOR CONTRACTORS INVOLVED WITH SLAVERY AND HUMAN TRAFFICKING
FROM: U.S. DEFENSE DEPARTMENT
Official Reports Progress in Awareness of Human Trafficking
By Terri Moon Cronk
DoD News, Defense Media Activity
WASHINGTON, Jan. 5, 2015 – Defense Department awareness of slavery and human trafficking issues is paying off significantly because of mandatory employee training, the program manager for DoD’s Combating Trafficking in Persons program has reported.
As DoD observes National Slavery and Human Trafficking Prevention Month in January, Sam Yousef noted how annual training for DoD’s military, civilian, and contractor workforce is driving home the department’s “zero tolerance” for slavery and human trafficking.
DoD defines human trafficking as using fraud, force or coercion to recruit, harbor, transport or obtain a person for commercial sex, or labor services.
Increase in Workforce Awareness
Surveys indicate a jump in DoD workforce awareness of slavery and human trafficking issues, from 72 percent in 2008 to nearly 90 percent today, he said.
Yousef said when people hear the term human trafficking, they often relate it to sex trafficking, but he noted that DoD’s training emphasizes that people also can be susceptible to labor trafficking.
Occurring particularly overseas rather than stateside, labor trafficking has led DoD’s Combating Trafficking in Persons program to develop new specialized training for acquisition professionals.
“The training is primarily for contractor officers and contracting officer representatives” on foreign soil, Yousef said. “It gives them highlighted awareness of their responsibilities in managing contracts as they relate to human trafficking.”
Using the phrase, “If you see something, say something,” he said awareness training helps all DoD employees identify potential victims of the crime.
Common practices in labor trafficking, for example, include confiscating workers’ passports, withholding wages and creating “inhumane” living conditions.
Training Helps to Alert Employees
While such indicators might not be obvious to some, DoD’s training helps to alert employees to the potential of such scenarios, Yousef said. “You might not think much of it before you take our training,” he added. “But through increased awareness, you’re able to connect the dots a little more.”
Leadership Plays a Role
In addition to DoD’s mandatory annual training, the military’s leadership also plays a critical awareness role in preventing such crimes, Yousef said.
The 7th Air Force in South Korea, for example, issued a policy earlier this year restricting service members from buying drinks for “juicy bar” workers and patronizing establishments that have been connected to prostitution and human trafficking, he said, adding that the policy now covers all of U.S. Forces Korea.
“It’s a very significant accomplishment,” Yousef said of the policy. “In a 2003 DoD-wide survey, we reported that 52 percent of our service members were aware of bars placed off-limits by their leadership, but in 2013 we reported it at 92 percent.”
In addition, programs with nongovernmental organizations also are increasing awareness, he noted.
One such effort will partner the Defense Health Agency with the nonprofit Polaris Project, which combats human trafficking around the world. During January in the national capital area, DHA and the Polaris Project will conduct a drive to benefit international victims of slavery and human trafficking, Yousef said.
Official Reports Progress in Awareness of Human Trafficking
By Terri Moon Cronk
DoD News, Defense Media Activity
WASHINGTON, Jan. 5, 2015 – Defense Department awareness of slavery and human trafficking issues is paying off significantly because of mandatory employee training, the program manager for DoD’s Combating Trafficking in Persons program has reported.
As DoD observes National Slavery and Human Trafficking Prevention Month in January, Sam Yousef noted how annual training for DoD’s military, civilian, and contractor workforce is driving home the department’s “zero tolerance” for slavery and human trafficking.
DoD defines human trafficking as using fraud, force or coercion to recruit, harbor, transport or obtain a person for commercial sex, or labor services.
Increase in Workforce Awareness
Surveys indicate a jump in DoD workforce awareness of slavery and human trafficking issues, from 72 percent in 2008 to nearly 90 percent today, he said.
Yousef said when people hear the term human trafficking, they often relate it to sex trafficking, but he noted that DoD’s training emphasizes that people also can be susceptible to labor trafficking.
Occurring particularly overseas rather than stateside, labor trafficking has led DoD’s Combating Trafficking in Persons program to develop new specialized training for acquisition professionals.
“The training is primarily for contractor officers and contracting officer representatives” on foreign soil, Yousef said. “It gives them highlighted awareness of their responsibilities in managing contracts as they relate to human trafficking.”
Using the phrase, “If you see something, say something,” he said awareness training helps all DoD employees identify potential victims of the crime.
Common practices in labor trafficking, for example, include confiscating workers’ passports, withholding wages and creating “inhumane” living conditions.
Training Helps to Alert Employees
While such indicators might not be obvious to some, DoD’s training helps to alert employees to the potential of such scenarios, Yousef said. “You might not think much of it before you take our training,” he added. “But through increased awareness, you’re able to connect the dots a little more.”
Leadership Plays a Role
In addition to DoD’s mandatory annual training, the military’s leadership also plays a critical awareness role in preventing such crimes, Yousef said.
The 7th Air Force in South Korea, for example, issued a policy earlier this year restricting service members from buying drinks for “juicy bar” workers and patronizing establishments that have been connected to prostitution and human trafficking, he said, adding that the policy now covers all of U.S. Forces Korea.
“It’s a very significant accomplishment,” Yousef said of the policy. “In a 2003 DoD-wide survey, we reported that 52 percent of our service members were aware of bars placed off-limits by their leadership, but in 2013 we reported it at 92 percent.”
In addition, programs with nongovernmental organizations also are increasing awareness, he noted.
One such effort will partner the Defense Health Agency with the nonprofit Polaris Project, which combats human trafficking around the world. During January in the national capital area, DHA and the Polaris Project will conduct a drive to benefit international victims of slavery and human trafficking, Yousef said.
HHS BLOG ON BIRTH DEFECTS IN YOUNG CHILDREN
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Recognizing Young Children Living with Birth Defects
Jan 05, 2015
By: Coleen A. Boyle, PhD, MSHyg
Did you know that birth defects affect one in every 33 babies born in the United States? Those aren’t just numbers—they represent real babies and families.
Elley was born with spina bifida, a birth defect of the spinal cord. She relies on a wheelchair to move around. Her mom, Maryanne, says, “Yes, heads turn when a wheelchair rolls into a room, but she uses that attention to force people to talk to her. She is a social butterfly!”
Elley’s family encourages her to do everything that anyone her age can do. Maryanne says, “We have to make alterations here and there to maneuver her around, but we try to treat her as normal as possible and not make her feel as if she is a burden in any way! We take family vacations and get her out of the house as much as possible. She loves to go to church, and we try to include her in all the activities with her age group She is extremely brave and although she has times of anxiety about the unknowns that may be facing her, she presses on with a courageous heart.”
January is National Birth Defects Prevention Month. According to the Centers for Disease Control and Prevention (CDC), babies with birth defects who survive their first year of life can have lifelong challenges, such as problems with physical movement, learning, and speech. We know that early intervention is vital to improving the health for these babies.
Elley’s story underscores CDC’s National Center on Birth Defects and Developmental Disabilities (NCBDDD)’s work to identify causes of birth defects, find opportunities to prevent them, and improve the health of those living with birth defects. NCBDDD’s mission is to promote the health of babies, children, and adults and enhance their potential for full, productive living.
Take a moment to learn more about how you can support a child and family living with a birth defect as well as steps that you can take to prevent birth defects if you are thinking of getting pregnant in the near future.
Coleen Boyle serves as Director of the National Center on Birth Defects and Developmental Disabilities (NCBDDD) at the CDC.
Recognizing Young Children Living with Birth Defects
Jan 05, 2015
By: Coleen A. Boyle, PhD, MSHyg
Did you know that birth defects affect one in every 33 babies born in the United States? Those aren’t just numbers—they represent real babies and families.
Elley was born with spina bifida, a birth defect of the spinal cord. She relies on a wheelchair to move around. Her mom, Maryanne, says, “Yes, heads turn when a wheelchair rolls into a room, but she uses that attention to force people to talk to her. She is a social butterfly!”
Elley’s family encourages her to do everything that anyone her age can do. Maryanne says, “We have to make alterations here and there to maneuver her around, but we try to treat her as normal as possible and not make her feel as if she is a burden in any way! We take family vacations and get her out of the house as much as possible. She loves to go to church, and we try to include her in all the activities with her age group She is extremely brave and although she has times of anxiety about the unknowns that may be facing her, she presses on with a courageous heart.”
January is National Birth Defects Prevention Month. According to the Centers for Disease Control and Prevention (CDC), babies with birth defects who survive their first year of life can have lifelong challenges, such as problems with physical movement, learning, and speech. We know that early intervention is vital to improving the health for these babies.
Elley’s story underscores CDC’s National Center on Birth Defects and Developmental Disabilities (NCBDDD)’s work to identify causes of birth defects, find opportunities to prevent them, and improve the health of those living with birth defects. NCBDDD’s mission is to promote the health of babies, children, and adults and enhance their potential for full, productive living.
Take a moment to learn more about how you can support a child and family living with a birth defect as well as steps that you can take to prevent birth defects if you are thinking of getting pregnant in the near future.
Coleen Boyle serves as Director of the National Center on Birth Defects and Developmental Disabilities (NCBDDD) at the CDC.
FTC SAYS TWO DIRECTORY SCHEME BUSINESSES BANNED FROM BUSINESS DIRECTORY BUSINESS
FROM: U.S. FEDERAL TRADE COMMISSION
FTC and Florida Close the Book on Fraudulent Business Directory Schemes
Defendants In One Case Will Pay $1.7 Million for Return to Small Businesses and Non-Profits
The defendants in two online business directory schemes, one based in Montreal, the other in Oklahoma City, have been banned from the business directory business under settlements with the Federal Trade Commission.
Both operations were charged with defrauding small businesses and nonprofits by charging them for online business directory listings they had not ordered or received – their deceptive tactics included unsolicited telemarketing calls and bogus invoices with the walking fingers image often associated with local yellow page directories.
In June 2014, the FTC and the State of Florida filed a complaint against Francois Egberongbe, Robert N. Durham, Sr., and 7051620 Canada Inc., based in Montreal, and a federal court subsequently halted the operation and froze its assets pending litigation.
Under a settlement announced today, the defendants are banned from telemarketing, and they will pay $1.7 million to reimburse consumers who lost money to the scam.
In July 2014, the FTC charged Your Yellow Book Inc (YYB), Brandie Michelle Law, Dustin Robert Law, and their father, Robert Ray Law, based in Oklahoma City, with defrauding small businesses, doctors’ offices, retirement homes, and religious schools. The defendants asked consumers to “verify” or “update” information in YYB’s Internet business directory and to pay up to $487. Many consumers paid, believing their organization had agreed to be listed in the directory.
The settlement order imposes a $715,476 judgment against the defendants, causing surrender of certain bank accounts, and proceeds from the sale of a vehicle, boat, and camper owned by Dustin Law. The judgment against Brandie Law is suspended, but the full judgment will become due immediately if she is found to have misrepresented her financial condition.
Under both settlement orders, the defendants are also prohibited from making the kinds of misrepresentations alleged in the FTC’s complaint, and from profiting from customers’ personal information, failing to properly dispose of customer information, and collecting money from customers.
The Commission vote approving the proposed stipulated order for permanent injunction against in Egberongbe, Durham and 7051620 Canada Inc. was 5-0. The proposed order was filed in the U.S. District Court for the Southern District of Florida on December 12, 2014. The Commission vote approving the proposed stipulated order for permanent injunction against Your Yellow Book Inc. and the Laws was 5-0. The order was entered by the U.S. District Court for the Western District of Oklahoma, Oklahoma City Division on December 2, 2014.
NOTE: Stipulated orders have the force of law when approved and signed by the District Court judge.
FTC and Florida Close the Book on Fraudulent Business Directory Schemes
Defendants In One Case Will Pay $1.7 Million for Return to Small Businesses and Non-Profits
The defendants in two online business directory schemes, one based in Montreal, the other in Oklahoma City, have been banned from the business directory business under settlements with the Federal Trade Commission.
Both operations were charged with defrauding small businesses and nonprofits by charging them for online business directory listings they had not ordered or received – their deceptive tactics included unsolicited telemarketing calls and bogus invoices with the walking fingers image often associated with local yellow page directories.
In June 2014, the FTC and the State of Florida filed a complaint against Francois Egberongbe, Robert N. Durham, Sr., and 7051620 Canada Inc., based in Montreal, and a federal court subsequently halted the operation and froze its assets pending litigation.
Under a settlement announced today, the defendants are banned from telemarketing, and they will pay $1.7 million to reimburse consumers who lost money to the scam.
In July 2014, the FTC charged Your Yellow Book Inc (YYB), Brandie Michelle Law, Dustin Robert Law, and their father, Robert Ray Law, based in Oklahoma City, with defrauding small businesses, doctors’ offices, retirement homes, and religious schools. The defendants asked consumers to “verify” or “update” information in YYB’s Internet business directory and to pay up to $487. Many consumers paid, believing their organization had agreed to be listed in the directory.
The settlement order imposes a $715,476 judgment against the defendants, causing surrender of certain bank accounts, and proceeds from the sale of a vehicle, boat, and camper owned by Dustin Law. The judgment against Brandie Law is suspended, but the full judgment will become due immediately if she is found to have misrepresented her financial condition.
Under both settlement orders, the defendants are also prohibited from making the kinds of misrepresentations alleged in the FTC’s complaint, and from profiting from customers’ personal information, failing to properly dispose of customer information, and collecting money from customers.
The Commission vote approving the proposed stipulated order for permanent injunction against in Egberongbe, Durham and 7051620 Canada Inc. was 5-0. The proposed order was filed in the U.S. District Court for the Southern District of Florida on December 12, 2014. The Commission vote approving the proposed stipulated order for permanent injunction against Your Yellow Book Inc. and the Laws was 5-0. The order was entered by the U.S. District Court for the Western District of Oklahoma, Oklahoma City Division on December 2, 2014.
NOTE: Stipulated orders have the force of law when approved and signed by the District Court judge.
Monday, January 5, 2015
U.S., PARTNERS CONTINUE AIRSTRIKES AGAINST ISIL
FROM: U.S. DEFENSE DEPARTMENT
Combined Joint Task Force Continues Airstrikes Against ISIL
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 5, 2015 – U.S. and partner-nation military forces continued to attack Islamic State of Iraq and the Levant terrorists in Syria and Iraq, Combined Joint Task Force Operation Inherent Resolve officials reported today.
Fighter and bomber aircraft conducted 14 airstrikes in Syria, and fighter aircraft conducted six airstrikes in Iraq, officials said, noting that the strikes took place between 8 a.m. yesterday and 8 a.m. today, local time.
Airstrikes in Syria
The Syria strikes took place in two locations:
-- Near Kobani, eight airstrikes struck two large ISIL units and an ISIL fighting position and destroyed 11 ISIL fighting positions.
-- Near Dawr az Zawr, six airstrikes struck five ISIL crude oil collection points and an ISIL crude oil pipeline and destroyed two ISIL armored vehicles and an ISIL shipping container.
Airstrikes in Iraq
Iraq airstrikes took place in four locations:
-- Near Mosul, an airstrike struck a large ISIL unit.
-- Near Qaim, two airstrikes destroyed two ISIL excavators.
-- Near Ramadi, an airstrike struck a large ISIL unit.
-- Near Asad, two airstrikes struck two ISIL tactical units and destroyed three ISIL vehicles.
Part of Operation Inherent Resolve
The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the ISIL terrorist group and the threat they pose to Iraq, the region and the wider international community.
Coalition nations conducting airstrikes in Iraq include the United States, Australia, Belgium, Canada, Denmark, France, Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the United States, Bahrain, Jordan, Saudi Arabia and the United Arab Emirates.
Airstrike assessments are based on initial reports, officials said.
Combined Joint Task Force Continues Airstrikes Against ISIL
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 5, 2015 – U.S. and partner-nation military forces continued to attack Islamic State of Iraq and the Levant terrorists in Syria and Iraq, Combined Joint Task Force Operation Inherent Resolve officials reported today.
Fighter and bomber aircraft conducted 14 airstrikes in Syria, and fighter aircraft conducted six airstrikes in Iraq, officials said, noting that the strikes took place between 8 a.m. yesterday and 8 a.m. today, local time.
Airstrikes in Syria
The Syria strikes took place in two locations:
-- Near Kobani, eight airstrikes struck two large ISIL units and an ISIL fighting position and destroyed 11 ISIL fighting positions.
-- Near Dawr az Zawr, six airstrikes struck five ISIL crude oil collection points and an ISIL crude oil pipeline and destroyed two ISIL armored vehicles and an ISIL shipping container.
Airstrikes in Iraq
Iraq airstrikes took place in four locations:
-- Near Mosul, an airstrike struck a large ISIL unit.
-- Near Qaim, two airstrikes destroyed two ISIL excavators.
-- Near Ramadi, an airstrike struck a large ISIL unit.
-- Near Asad, two airstrikes struck two ISIL tactical units and destroyed three ISIL vehicles.
Part of Operation Inherent Resolve
The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the ISIL terrorist group and the threat they pose to Iraq, the region and the wider international community.
Coalition nations conducting airstrikes in Iraq include the United States, Australia, Belgium, Canada, Denmark, France, Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the United States, Bahrain, Jordan, Saudi Arabia and the United Arab Emirates.
Airstrike assessments are based on initial reports, officials said.
TWO CHARGED FOR ROLES IN ATTEMPTING TO OVERTHROW THE GOVERNMENT OF GAMBIA
FROM: U.S. JUSTICE DEPARTMENT
Monday, January 5, 2015
Two Defendants Charged for their Role in an Attempted Coup in The Gambia
Defendants Charged with Conspiracy to Violate the Neutrality Act and Conspiracy to Possess Firearms in Furtherance of a Crime of Violence
United States Attorney General Eric Holder, Assistant Attorney General for National Security John P. Carlin, United States Attorney Andrew M. Luger for the District of Minnesota, and Federal Bureau of Investigation Special Agent in Charge Richard T. Thornton of the Minneapolis Division today announced a criminal complaint charging Cherno Njie, 57, and Papa Faal, 46, for their role in a recent attempted coup in The Gambia. Both men are in custody and are expected to have initial appearances in court today. Njie will appear in United States District Court in Baltimore, Maryland. Faal will appear in U.S. District Court in Minneapolis, Minnesota. Both defendants are charged with conspiring to violate the Neutrality Act by making an expedition against a friendly nation from the United States and conspiring to possess firearms in furtherance of a crime of violence.
On Dec. 30, 2014, there was an unsuccessful attempted coup against the government of The Gambia. The Gambia is a country in West Africa bordered by Senegal and the Atlantic Ocean.
“These defendants stand accused of conspiring to carry out the violent overthrow of a foreign government, in violation of U.S. law,” said Attorney General Eric Holder. “The United States strongly condemns such conspiracies. With these serious charges, the United States is committed to holding them fully responsible for their actions.”
According to the criminal complaint and documents filed in court, in December 2014, Cherno Njie and Papa Faal separately traveled from the United States to The Gambia for the purpose of overthrowing the Gambian government. Faal is a dual U.S./Gambian citizen and a resident of Brooklyn Center, Minnesota. Njie, a U.S. citizen of Gambian descent and a resident of Austin, Texas, is a businessman who served as financier and leader of the conspiracy. Njie and his co-conspirators expected that Njie would have served as the interim leader of The Gambia had the coup attempt succeeded.
According to the criminal complaint, approximately 10-12 members of the conspiracy entered The Gambia to carry out the coup attempt, with the expectation that others in the country would join and assist them. Prior to departing for The Gambia, between August and October 2014, Faal and other co-conspirators purchased multiple firearms, including M4 semi-automatic rifles, and shipped them to The Gambia for use in the coup attempt. Members of the conspiracy also acquired night-vision goggles, body armor, ammunition, black military style uniform pants, boots, and other personal equipment.
According to the criminal complaint, on Dec. 30, 2014, a number of the co-conspirators, including Faal, met in the woods near the State House in Banjul, which is the home of the Gambian president, and split into two assault teams. Njie was not present at that meeting, instead waiting in a safe place until the assault teams took control of the facility. However, when one of the assault teams approached the State House and fired a shot into the air, the team began taking heavy fire from the guard towers. Although numerous conspirators on the assault teams were killed or injured during the failed attempt to take control of the government building, Faal was able to flee the scene and he ultimately returned to the U.S. Njie also returned to the U.S. Both men have since been arrested.
This investigation is being led by the Federal Bureau of Investigation and its partners on Joint Terrorism Task Forces in multiple field offices.
Assistant U.S. Attorney Charles Kovats of the United States Attorney’s Office for the District of Minnesota is prosecuting this case, with assistance from Richard Scott, a Deputy Chief in the Counterespionage Section of the Justice Department's National Security Division. A number of other U.S. Attorney’s Offices, including those in the District of Maryland and the Western District of Texas provided critical support during the investigation.
Monday, January 5, 2015
Two Defendants Charged for their Role in an Attempted Coup in The Gambia
Defendants Charged with Conspiracy to Violate the Neutrality Act and Conspiracy to Possess Firearms in Furtherance of a Crime of Violence
United States Attorney General Eric Holder, Assistant Attorney General for National Security John P. Carlin, United States Attorney Andrew M. Luger for the District of Minnesota, and Federal Bureau of Investigation Special Agent in Charge Richard T. Thornton of the Minneapolis Division today announced a criminal complaint charging Cherno Njie, 57, and Papa Faal, 46, for their role in a recent attempted coup in The Gambia. Both men are in custody and are expected to have initial appearances in court today. Njie will appear in United States District Court in Baltimore, Maryland. Faal will appear in U.S. District Court in Minneapolis, Minnesota. Both defendants are charged with conspiring to violate the Neutrality Act by making an expedition against a friendly nation from the United States and conspiring to possess firearms in furtherance of a crime of violence.
On Dec. 30, 2014, there was an unsuccessful attempted coup against the government of The Gambia. The Gambia is a country in West Africa bordered by Senegal and the Atlantic Ocean.
“These defendants stand accused of conspiring to carry out the violent overthrow of a foreign government, in violation of U.S. law,” said Attorney General Eric Holder. “The United States strongly condemns such conspiracies. With these serious charges, the United States is committed to holding them fully responsible for their actions.”
According to the criminal complaint and documents filed in court, in December 2014, Cherno Njie and Papa Faal separately traveled from the United States to The Gambia for the purpose of overthrowing the Gambian government. Faal is a dual U.S./Gambian citizen and a resident of Brooklyn Center, Minnesota. Njie, a U.S. citizen of Gambian descent and a resident of Austin, Texas, is a businessman who served as financier and leader of the conspiracy. Njie and his co-conspirators expected that Njie would have served as the interim leader of The Gambia had the coup attempt succeeded.
According to the criminal complaint, approximately 10-12 members of the conspiracy entered The Gambia to carry out the coup attempt, with the expectation that others in the country would join and assist them. Prior to departing for The Gambia, between August and October 2014, Faal and other co-conspirators purchased multiple firearms, including M4 semi-automatic rifles, and shipped them to The Gambia for use in the coup attempt. Members of the conspiracy also acquired night-vision goggles, body armor, ammunition, black military style uniform pants, boots, and other personal equipment.
According to the criminal complaint, on Dec. 30, 2014, a number of the co-conspirators, including Faal, met in the woods near the State House in Banjul, which is the home of the Gambian president, and split into two assault teams. Njie was not present at that meeting, instead waiting in a safe place until the assault teams took control of the facility. However, when one of the assault teams approached the State House and fired a shot into the air, the team began taking heavy fire from the guard towers. Although numerous conspirators on the assault teams were killed or injured during the failed attempt to take control of the government building, Faal was able to flee the scene and he ultimately returned to the U.S. Njie also returned to the U.S. Both men have since been arrested.
This investigation is being led by the Federal Bureau of Investigation and its partners on Joint Terrorism Task Forces in multiple field offices.
Assistant U.S. Attorney Charles Kovats of the United States Attorney’s Office for the District of Minnesota is prosecuting this case, with assistance from Richard Scott, a Deputy Chief in the Counterespionage Section of the Justice Department's National Security Division. A number of other U.S. Attorney’s Offices, including those in the District of Maryland and the Western District of Texas provided critical support during the investigation.
DALLAS-BASED COMMODITY POOL FRAUDSTER PERMANENTLY BANNED FROM COMMODITIES TRADING
FROM: U.S. COMMODITY FUTURES TRADING COMMISSION
Federal Court in Texas Orders Dallas-based Steven Lyn Scott to Pay $766,625.30 in Restitution and a $700,000 Penalty to Settle Charges of Solicitation Fraud, Misappropriation, and Registration Violations in Connection with a Forex Commodity Pool Scheme
The Court earlier entered a Consent Order against Scott, permanently banning him from the commodities industry
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that the U.S. District Court for the Northern District of Texas issued a supplemental Consent Order of Permanent Injunction requiring Defendant Steven Lyn Scott (a/k/a Stevon Lyn Scott) of Dallas, Texas, to pay a $700,000 civil monetary penalty (CMP) and restitution of $766,625.30, plus post-judgment interest on both the CMP and restitution obligation. An earlier Consent Order of the Court, entered on May 5, 2014, imposes a permanent trading and registration ban against Scott and prohibits him from violating provisions of the Commodity Exchange Act (CEA) and CFTC regulations, as charged. Scott has never been registered with the CFTC in any capacity.
The Court’s Orders stem from a CFTC enforcement action charging Scott with solicitation fraud, misappropriation of customer funds, and registration violations in connection with operating a fraudulent commodity pool scheme (see CFTC Press Release 6885-14, March 20, 2014).
The Court finds that, from at least January 5, 2009 and through at least March 30, 2011, Scott fraudulently solicited at least $1,146,000 from 43 pool participants to participate in pooled investment vehicles to trade in off-exchange agreements, contracts, or transactions in foreign currency (forex) on a leveraged or margined basis. Scott, directly and by word of mouth, solicited pool participants located in Texas and solicited at least some pool participants by email. Pool participants included Scott’s friends, family members, and other members of the general public.
Specifically, according to the May 5, 2014 Order, Scott solicited pool participants to participate in pooled investment vehicles in the name of an entity he owned and controlled, Stewardship Financial Exchange, Inc. In his solicitations, Scott guaranteed monthly returns between two percent and five percent to pool participants who entered into six-month contracts, purportedly generating such returns by pooling participants’ funds and trading in off-exchange forex transactions on a leveraged or margined basis.
However, the Order finds that instead of trading pool participants’ funds, Scott misappropriated a portion of pool participants’ funds by depositing their funds into his personal and corporate bank accounts and then using the funds for personal expenses. Scott also misappropriated pool participant funds by trading them in his personal trading accounts and by using them to pay purported interest and principal to pool participants in the manner of a Ponzi scheme.
In soliciting actual and prospective customers, the Order finds, Scott omitted material facts, including but not limited to the fact that (1) pool participant funds were misappropriated; (2) the pools did not have any trading accounts in their names; (3) Scott was paying purported interest and principal with his own funds and with the funds of other pool participants in the manner of a Ponzi scheme; and (4) Scott was acting as a Commodity Pool Operator without being registered as such, as required by the CEA and CFTC Regulations. Scott’s omissions were material and operated as a fraud or deceit upon pool participants.
The CFTC cautions pool participants that restitution orders may not result in the recovery of money lost because the wrongdoers may not have sufficient funds or assets. The CFTC will continue to fight vigorously for the protection of customers and to ensure the wrongdoers are held accountable.
The CFTC thanks the Office of the U.S. Attorney for the Northern District of Texas for its assistance in this matter.
CFTC Division of Enforcement staff members responsible for this case are Jason Mahoney, George Malas, Michael Amakor, Timothy J. Mulreany, and Paul Hayeck.
* * * * * *
CFTC’s Foreign Currency (Forex) Fraud and Commodity Pool Fraud Advisories
The CFTC has issued several customer protection Fraud Advisories that provide the warning signs of fraud, including the Foreign Currency Trading (Forex) Fraud Advisory, which states that the CFTC has witnessed a sharp rise in Forex trading scams in recent years and helps customers identify this potential fraud.
The CFTC has also issued a Commodity Pool Fraud Advisory, which warns customers about a type of fraud that involves individuals and firms, often unregistered, offering investments in commodity pools.
Federal Court in Texas Orders Dallas-based Steven Lyn Scott to Pay $766,625.30 in Restitution and a $700,000 Penalty to Settle Charges of Solicitation Fraud, Misappropriation, and Registration Violations in Connection with a Forex Commodity Pool Scheme
The Court earlier entered a Consent Order against Scott, permanently banning him from the commodities industry
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that the U.S. District Court for the Northern District of Texas issued a supplemental Consent Order of Permanent Injunction requiring Defendant Steven Lyn Scott (a/k/a Stevon Lyn Scott) of Dallas, Texas, to pay a $700,000 civil monetary penalty (CMP) and restitution of $766,625.30, plus post-judgment interest on both the CMP and restitution obligation. An earlier Consent Order of the Court, entered on May 5, 2014, imposes a permanent trading and registration ban against Scott and prohibits him from violating provisions of the Commodity Exchange Act (CEA) and CFTC regulations, as charged. Scott has never been registered with the CFTC in any capacity.
The Court’s Orders stem from a CFTC enforcement action charging Scott with solicitation fraud, misappropriation of customer funds, and registration violations in connection with operating a fraudulent commodity pool scheme (see CFTC Press Release 6885-14, March 20, 2014).
The Court finds that, from at least January 5, 2009 and through at least March 30, 2011, Scott fraudulently solicited at least $1,146,000 from 43 pool participants to participate in pooled investment vehicles to trade in off-exchange agreements, contracts, or transactions in foreign currency (forex) on a leveraged or margined basis. Scott, directly and by word of mouth, solicited pool participants located in Texas and solicited at least some pool participants by email. Pool participants included Scott’s friends, family members, and other members of the general public.
Specifically, according to the May 5, 2014 Order, Scott solicited pool participants to participate in pooled investment vehicles in the name of an entity he owned and controlled, Stewardship Financial Exchange, Inc. In his solicitations, Scott guaranteed monthly returns between two percent and five percent to pool participants who entered into six-month contracts, purportedly generating such returns by pooling participants’ funds and trading in off-exchange forex transactions on a leveraged or margined basis.
However, the Order finds that instead of trading pool participants’ funds, Scott misappropriated a portion of pool participants’ funds by depositing their funds into his personal and corporate bank accounts and then using the funds for personal expenses. Scott also misappropriated pool participant funds by trading them in his personal trading accounts and by using them to pay purported interest and principal to pool participants in the manner of a Ponzi scheme.
In soliciting actual and prospective customers, the Order finds, Scott omitted material facts, including but not limited to the fact that (1) pool participant funds were misappropriated; (2) the pools did not have any trading accounts in their names; (3) Scott was paying purported interest and principal with his own funds and with the funds of other pool participants in the manner of a Ponzi scheme; and (4) Scott was acting as a Commodity Pool Operator without being registered as such, as required by the CEA and CFTC Regulations. Scott’s omissions were material and operated as a fraud or deceit upon pool participants.
The CFTC cautions pool participants that restitution orders may not result in the recovery of money lost because the wrongdoers may not have sufficient funds or assets. The CFTC will continue to fight vigorously for the protection of customers and to ensure the wrongdoers are held accountable.
The CFTC thanks the Office of the U.S. Attorney for the Northern District of Texas for its assistance in this matter.
CFTC Division of Enforcement staff members responsible for this case are Jason Mahoney, George Malas, Michael Amakor, Timothy J. Mulreany, and Paul Hayeck.
* * * * * *
CFTC’s Foreign Currency (Forex) Fraud and Commodity Pool Fraud Advisories
The CFTC has issued several customer protection Fraud Advisories that provide the warning signs of fraud, including the Foreign Currency Trading (Forex) Fraud Advisory, which states that the CFTC has witnessed a sharp rise in Forex trading scams in recent years and helps customers identify this potential fraud.
The CFTC has also issued a Commodity Pool Fraud Advisory, which warns customers about a type of fraud that involves individuals and firms, often unregistered, offering investments in commodity pools.
PRESIDENT'S LETTER REGARDING IMPOSING ADDITIONAL SANCTIONS ON NORTH KOREAN ENTITIES, INDIVIDUALS
FROM: THE WHITE HOUSE
January 02, 2015
Letter -- Imposing Additional Sanctions with Respect to North Korea
Dear Mr. Speaker: (Dear Mr. President:)
Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have issued an Executive Order (the "order") with respect to North Korea that expands the national emergency declared in Executive Order 13466 of June 26, 2008, expanded in scope in Executive Order 13551 of August 30, 2010, and relied upon for additional steps in Executive Order 13570 of April 18, 2011. The order takes additional steps to address North Korea's continued actions that threaten the United States and others.
In 2008, upon terminating the exercise of certain authorities under the Trading With the Enemy Act (TWEA) with respect to North Korea, the President issued Executive Order 13466 and declared a national emergency pursuant to IEEPA to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula. Executive Order 13466 continued certain restrictions on North Korea and North Korean nationals that had been in place under TWEA.
In 2010, I issued Executive Order 13551. In that order, I determined that the Government of North Korea's continued provocative actions destabilized the Korean peninsula and imperiled U.S. Armed Forces, allies, and trading partners in the region and warranted the imposition of additional sanctions, and I expanded the national emergency declared in Executive Order 13466. In Executive Order 13551, I ordered blocked the property and interests in property of three North Korean entities and one individual listed in the Annex to that order and provided criteria under which the Secretary of the Treasury, in consultation with the Secretary of State, may designate additional persons whose property and interests in property shall be blocked.
In 2011, I issued Executive Order 13570 to further address the national emergency with respect to North Korea and to strengthen the implementation of United Nations Security Council Resolutions 1718 and 1874. That Executive Order prohibited the direct or indirect importation of goods, services, and technology from North Korea.
I have now determined that that the provocative, destabilizing, and repressive actions and policies of the Government of North Korea, including its destructive, coercive cyber-related actions during November and December 2014, actions in violation of United Nations Security Council Resolutions 1718, 1874, 2087, and 2094, and commission of serious human rights abuses, constitute a continuing threat to the national security, foreign policy, and economy of the United States.
The order is not targeted at the people of North Korea, but rather is aimed at the Government of North Korea and its activities that threaten the United States and others. The order leaves in place all existing sanctions imposed under Executive Orders 13466, 13551, and 13570. It provides criteria for blocking the property and interests in property of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:
to be an agency, instrumentality, or controlled entity of the Government of North Korea or the Workers' Party of Korea;
to be an official of the Government of North Korea;
to be an official of the Workers' Party of Korea;
to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the Government of North Korea or any person whose property and interests in property are blocked pursuant to the order; or to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of North Korea or any person whose property and interests in property are blocked pursuant to the order.
In addition, the order suspends entry into the United States of any alien determined to meet one or more of the above criteria.
I have delegated to the Secretary of the Treasury the authority, in consultation with the Secretary of State, to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of the order. All executive agencies are directed to take all appropriate measures within their authority to carry out the provisions of the order.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
BARACK OBAMA
January 02, 2015
Letter -- Imposing Additional Sanctions with Respect to North Korea
Dear Mr. Speaker: (Dear Mr. President:)
Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have issued an Executive Order (the "order") with respect to North Korea that expands the national emergency declared in Executive Order 13466 of June 26, 2008, expanded in scope in Executive Order 13551 of August 30, 2010, and relied upon for additional steps in Executive Order 13570 of April 18, 2011. The order takes additional steps to address North Korea's continued actions that threaten the United States and others.
In 2008, upon terminating the exercise of certain authorities under the Trading With the Enemy Act (TWEA) with respect to North Korea, the President issued Executive Order 13466 and declared a national emergency pursuant to IEEPA to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula. Executive Order 13466 continued certain restrictions on North Korea and North Korean nationals that had been in place under TWEA.
In 2010, I issued Executive Order 13551. In that order, I determined that the Government of North Korea's continued provocative actions destabilized the Korean peninsula and imperiled U.S. Armed Forces, allies, and trading partners in the region and warranted the imposition of additional sanctions, and I expanded the national emergency declared in Executive Order 13466. In Executive Order 13551, I ordered blocked the property and interests in property of three North Korean entities and one individual listed in the Annex to that order and provided criteria under which the Secretary of the Treasury, in consultation with the Secretary of State, may designate additional persons whose property and interests in property shall be blocked.
In 2011, I issued Executive Order 13570 to further address the national emergency with respect to North Korea and to strengthen the implementation of United Nations Security Council Resolutions 1718 and 1874. That Executive Order prohibited the direct or indirect importation of goods, services, and technology from North Korea.
I have now determined that that the provocative, destabilizing, and repressive actions and policies of the Government of North Korea, including its destructive, coercive cyber-related actions during November and December 2014, actions in violation of United Nations Security Council Resolutions 1718, 1874, 2087, and 2094, and commission of serious human rights abuses, constitute a continuing threat to the national security, foreign policy, and economy of the United States.
The order is not targeted at the people of North Korea, but rather is aimed at the Government of North Korea and its activities that threaten the United States and others. The order leaves in place all existing sanctions imposed under Executive Orders 13466, 13551, and 13570. It provides criteria for blocking the property and interests in property of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:
to be an agency, instrumentality, or controlled entity of the Government of North Korea or the Workers' Party of Korea;
to be an official of the Government of North Korea;
to be an official of the Workers' Party of Korea;
to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the Government of North Korea or any person whose property and interests in property are blocked pursuant to the order; or to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of North Korea or any person whose property and interests in property are blocked pursuant to the order.
In addition, the order suspends entry into the United States of any alien determined to meet one or more of the above criteria.
I have delegated to the Secretary of the Treasury the authority, in consultation with the Secretary of State, to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of the order. All executive agencies are directed to take all appropriate measures within their authority to carry out the provisions of the order.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
BARACK OBAMA
USS CARL VINSON MAKES FINAL 2014 LAUNCH SUPPORTING OPERATION INHERENT RESOLVE
141231-N-TP834-112 ARABIAN GULF (Dec. 31, 2014) An F/A-18E Super Hornet from the Sunliners of Strike Fighter Squadron (VFA) 81 makes the final launch of 2014 from the flight deck of aircraft carrier USS Carl Vinson (CVN 70) as the ship conducts flight operations in the U.S. 5th Fleet area of responsibility supporting Operation Inherent Resolve. The Carl Vinson Carrier Strike Group is deployed to the area supporting maritime security operations, strike operations in Iraq and Syria as directed, and theater security cooperation efforts in the region. (U.S. Navy photo by Mass Communication Specialist 2nd Class John Philip Wagner, Jr./Released).
COMPANY SETTLES CLAIMS RELATED TO PROPER REPORTING OF HARMFUL PRODUCT
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, December 31, 2014
Manufacturer Fiskars Brands Inc. Agrees to Pay $2.6 Million Civil Penalty for Delay in Reporting “Gator Combo Axe” Safety Hazard
The Department of Justice has announced today that Gerber Legendary Blades, a division of Fiskars Brands Inc., of Madison, Wisconsin, has agreed to pay a civil penalty of $2.6 million to settle allegations that it knowingly failed to immediately report to the U.S. Consumer Product Safety Commission (CPSC) a safety hazard associated with Fiskars’ Gator Combo Axe. Fiskars has also agreed to establish and maintain a compliance program with internal recordkeeping and monitoring systems to keep track of information about product safety hazards. The settlement agreement is awaiting judicial approval.
“Fiskars received numerous reports from consumers who were harmed by this product,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “The company had an obligation to immediately report to the CPSC and it failed to do so. We will take action against those who fail to abide by the law so that our partners at the CPSC can protect consumers from injuries.”
The Axe was a combination product that had a knife embedded in its handle that was supposed to be secured by two small magnets. In a complaint filed on behalf of the CPSC in U.S. District Court for the District of Oregon, the United States alleged that Fiskars became aware that the knife in the Axe handle could and did dislodge from the Axe’s handle when the Axe was in use, causing serious injuries to consumers. Fiskars imported approximately 103,000 Axes from Taiwan through its Gerber Legendary Blades division in Portland, and distributed those Axes to retail sporting good chains and stores throughout the United States.
“CPSC’s job is to protect consumers,” said Chairman Elliot F. Kaye. “The sooner a firm informs CPSC about incidents or injuries with defective products, the quicker we can act to protect the American public. Failure to report in a timely basis is not only illegal, it can endanger consumer safety. We will not tolerate such irresponsible and dangerous behavior.”
Under the Consumer Product Safety Act (CPSA), manufacturers, distributors and retailers are required to report product hazards to the CPSC. A knowing violation of the CPSA subjects a firm to civil penalties. The United States alleged that beginning as early as 2005 and continuing over the next several years, Fiskars received consumer complaints and warranty claims indicating that the knife fell out of the Axe handle while the Axe was being used to chop, pound or hammer. In several instances, the knife dislodged from the handle during use and caused injuries including lacerations requiring stitches, permanent nerve damage and surgery to repair severed tendons.
“In this case, Fiskar's failure to report to the CPSC not only put consumers at risk, it contributed to people being injured as a result of the unsafe product design,” said U.S. Attorney S. Amanda Marshall for the District of Oregon. “The settlement not only addresses the product safety issue, but also holds the company accountable and sends a message to others that these violations will be taken seriously.”
In March 2011, Gerber and the CPSC announced a voluntary recall of the Axe. At that time, consumers were advised to remove the knife from the axe handle and contact Gerber to receive a free handle cap for holding the knife in the axe handle during transport and storage, instructions and a warning label. Information on the recall can be found on the CSPC website.
The matter is being handled by Trial Attorney Roger Gural of the Civil Division’s Consumer Protection Branch, Assistant U.S. Attorney Neil J. Evans for the District of Oregon and Harriet Kerwin of the CPSC Office of the General Counsel.
In agreeing to settle this matter, Fiskars has not admitted that it knowingly violated the CPSA
Wednesday, December 31, 2014
Manufacturer Fiskars Brands Inc. Agrees to Pay $2.6 Million Civil Penalty for Delay in Reporting “Gator Combo Axe” Safety Hazard
The Department of Justice has announced today that Gerber Legendary Blades, a division of Fiskars Brands Inc., of Madison, Wisconsin, has agreed to pay a civil penalty of $2.6 million to settle allegations that it knowingly failed to immediately report to the U.S. Consumer Product Safety Commission (CPSC) a safety hazard associated with Fiskars’ Gator Combo Axe. Fiskars has also agreed to establish and maintain a compliance program with internal recordkeeping and monitoring systems to keep track of information about product safety hazards. The settlement agreement is awaiting judicial approval.
“Fiskars received numerous reports from consumers who were harmed by this product,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “The company had an obligation to immediately report to the CPSC and it failed to do so. We will take action against those who fail to abide by the law so that our partners at the CPSC can protect consumers from injuries.”
The Axe was a combination product that had a knife embedded in its handle that was supposed to be secured by two small magnets. In a complaint filed on behalf of the CPSC in U.S. District Court for the District of Oregon, the United States alleged that Fiskars became aware that the knife in the Axe handle could and did dislodge from the Axe’s handle when the Axe was in use, causing serious injuries to consumers. Fiskars imported approximately 103,000 Axes from Taiwan through its Gerber Legendary Blades division in Portland, and distributed those Axes to retail sporting good chains and stores throughout the United States.
“CPSC’s job is to protect consumers,” said Chairman Elliot F. Kaye. “The sooner a firm informs CPSC about incidents or injuries with defective products, the quicker we can act to protect the American public. Failure to report in a timely basis is not only illegal, it can endanger consumer safety. We will not tolerate such irresponsible and dangerous behavior.”
Under the Consumer Product Safety Act (CPSA), manufacturers, distributors and retailers are required to report product hazards to the CPSC. A knowing violation of the CPSA subjects a firm to civil penalties. The United States alleged that beginning as early as 2005 and continuing over the next several years, Fiskars received consumer complaints and warranty claims indicating that the knife fell out of the Axe handle while the Axe was being used to chop, pound or hammer. In several instances, the knife dislodged from the handle during use and caused injuries including lacerations requiring stitches, permanent nerve damage and surgery to repair severed tendons.
“In this case, Fiskar's failure to report to the CPSC not only put consumers at risk, it contributed to people being injured as a result of the unsafe product design,” said U.S. Attorney S. Amanda Marshall for the District of Oregon. “The settlement not only addresses the product safety issue, but also holds the company accountable and sends a message to others that these violations will be taken seriously.”
In March 2011, Gerber and the CPSC announced a voluntary recall of the Axe. At that time, consumers were advised to remove the knife from the axe handle and contact Gerber to receive a free handle cap for holding the knife in the axe handle during transport and storage, instructions and a warning label. Information on the recall can be found on the CSPC website.
The matter is being handled by Trial Attorney Roger Gural of the Civil Division’s Consumer Protection Branch, Assistant U.S. Attorney Neil J. Evans for the District of Oregon and Harriet Kerwin of the CPSC Office of the General Counsel.
In agreeing to settle this matter, Fiskars has not admitted that it knowingly violated the CPSA
Sunday, January 4, 2015
USS FORT WORTH ASSISTS IN SEARCH AND RECOVERY OF AIRASIA 8501
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U.S. Navy Petty Officer 2nd Class Adam Garnett signals an MH-60R Sea Hawk helicopter from Helicopter Maritime Strike Squadron 35 on the flight deck of the littoral combat ship USS Fort Worth, Jan. 3, 2015. Fort Worth is currently in the Java Sea conducting helicopter search-and-recovery operations with the USS Sampson as part of Indonesian-led efforts to locate downed AirAsia Flight 8501. U.S. Navy photo by Petty Officer 2nd Class Antonio P. Turretto Ramos .
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USS Fort Worth Joins Sampson in Search Efforts
DoD News, Defense Media Activity
WASHINGTON, Jan. 4, 2015 – The littoral combat ship USS Fort Worth has joined the guided missile destroyer USS Sampson in the Java Sea to assist in the Indonesian-led international search-and-recovery effort for downed AirAsia Flight 8501, according to a U.S. 7th Fleet news release issued yesterday.
This morning the Sampson’s commander, Navy Cmdr. Steven M. Foley, discussed current search efforts with ABC’s “This Week” weekend news program host Martha Raddatz.
“We've been searching using lookouts, using optical search equipment and scanning the horizon and using our helicopters in tandem to search a wide area,” Foley told Raddatz today.
Rough Weather
“The weather has been a little rough with scattered thunderstorms,” the commander said. “The seas have been about two to four feet, increasing to about four to six feet when the rain swells come in. And we've been operating in three specified areas that the Indonesian authorities have assigned to us.
“And you have to remember,” Foley added, “this is their search effort and we're here to assist.”
Ships are being employed to search for the downed aircraft’s black box and the helicopters are looking for debris, Foley told Raddatz. Rigid-hull inflatable boats are also participating in the search effort, he added.
The Indonesian government requested U.S. assistance to help in the search for Air Asia Flight 8501, which disappeared Dec. 28 during its route from Surabaya, Indonesia, to Singapore with 162 passengers and crew aboard.
The San Diego-based USS Sampson, an Arleigh Burke-class Aegis guided missile destroyer, was deployed Dec. 29 to assist in the search efforts for the Airbus A320-216 aircraft, according to a U.S. Navy news release. Since then, searchers have found debris and passenger remains from the aircraft, which apparently crashed during its flight during bad weather.
Remains, Debris Found
The Sampson arrived in the Java Sea search area on Dec. 30, according to a U.S. Navy release. Later that day, the Sampson’s helicopters and Indonesian navy assets discovered aircraft debris.
The Sampson’s crew also removed six remains from the sea Jan. 1 and six others Jan. 2, according to a U.S. Navy release.
“We find great gratification in being able to assist the Indonesian government in this ongoing effort and to bring closure to the family and friends of the passengers of AirAsia Flight 8501,” Foley told Raddatz.
AIRSTRIKES ONGOING AGAINST ISIL
FROM: U.S. DEFENSE DEPARTMENT
Airstrikes Continue Against ISIL in Syria and Iraq
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 4, 2015 – U.S. and partner-nation fighter and bomber aircraft conducted six airstrikes against Islamic State of Iraq and the Levant terrorists in Syria yesterday, Combined Joint Task Force Operation Inherent Resolve officials reported.
Separately, U.S. and partner-nation fighter aircraft conducted one airstrike against ISIL terrorists in Iraq yesterday, officials said.
Airstrikes in Syria
-- Near Kobani, six airstrikes struck an ISIL tactical unit and an ISIL fighting position and destroyed three ISIL vehicles, four ISIL buildings, three ISIL fighting positions, and two ISIL staging areas.
Airstrike in Iraq
-- Near Mosul, one airstrike struck an ISIL tactical unit.
The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the ISIL terrorist group 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 terror and conduct operations.
Coalition-nation Participation
Coalition nations conducting airstrikes in Iraq include the U.S., Australia, Belgium, Canada, Denmark, France, the Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the U.S., Bahrain, Jordan, Saudi Arabia, and the United Arab Emirates.
Airstrikes Continue Against ISIL in Syria and Iraq
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 4, 2015 – U.S. and partner-nation fighter and bomber aircraft conducted six airstrikes against Islamic State of Iraq and the Levant terrorists in Syria yesterday, Combined Joint Task Force Operation Inherent Resolve officials reported.
Separately, U.S. and partner-nation fighter aircraft conducted one airstrike against ISIL terrorists in Iraq yesterday, officials said.
Airstrikes in Syria
-- Near Kobani, six airstrikes struck an ISIL tactical unit and an ISIL fighting position and destroyed three ISIL vehicles, four ISIL buildings, three ISIL fighting positions, and two ISIL staging areas.
Airstrike in Iraq
-- Near Mosul, one airstrike struck an ISIL tactical unit.
The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the ISIL terrorist group 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 terror and conduct operations.
Coalition-nation Participation
Coalition nations conducting airstrikes in Iraq include the U.S., Australia, Belgium, Canada, Denmark, France, the Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the U.S., Bahrain, Jordan, Saudi Arabia, and the United Arab Emirates.
AIRSTRIKES CONTINUE IN SYRIA, IRAQ
FROM: U.S. DEFENSE DEPARTMENT
Airstrikes Hit ISIL in Syria and Iraq
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 2, 2015 – U.S. and partner-nation military forces yesterday continued to attack Islamic State of Iraq and the Levant terrorists in Syria using fighter, bomber, and attack aircraft to conduct 12 airstrikes, Combined Joint Task Force Operation Inherent Resolve officials reported.
Separately yesterday, U.S. and partner-nation military forces conducted 11 airstrikes against ISIL terrorists in Iraq using fighter, attack, and remotely piloted aircraft, officials reported.
Airstrikes in Syria
-- Near Kobani, nine airstrikes struck a large ISIL unit and an ISIL fighting position and destroyed four ISIL buildings, 10 ISIL fighting positions, and an ISIL tank.
-- Near Ar Raqqah, two airstrikes destroyed 20 ISIL armored vehicles.
-- Near Al Hasakah, an airstrike destroyed an ISIL armored vehicle.
Airstrikes in Iraq
-- Near Taji, an airstrike struck an ISIL tactical unit.
-- Near Al Asad, an airstrike struck an ISIL tactical unit.
-- Near Fallujah, three airstrikes struck a large ISIL unit and two ISIL tactical unit and destroyed a mortar system, an ISIL building, and a bunker complex.
-- Near Bayji, an airstrike struck an ISIL tactical unit and destroyed an ISIL building and an ISIL fighting position.
-- Near Al Qaim, three airstrikes struck an ISIL shipping container and destroyed an ISIL shipping container, a front end loader, and an armored vehicle.
-- Near Mosul, two airstrikes struck an ISIL tactical unit and destroyed an ISIL weapons cache and a VBIED.
Part of Operation Inherent Resolve
The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the ISIL terrorist group 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 terror 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.
Airstrikes Hit ISIL in Syria and Iraq
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 2, 2015 – U.S. and partner-nation military forces yesterday continued to attack Islamic State of Iraq and the Levant terrorists in Syria using fighter, bomber, and attack aircraft to conduct 12 airstrikes, Combined Joint Task Force Operation Inherent Resolve officials reported.
Separately yesterday, U.S. and partner-nation military forces conducted 11 airstrikes against ISIL terrorists in Iraq using fighter, attack, and remotely piloted aircraft, officials reported.
Airstrikes in Syria
-- Near Kobani, nine airstrikes struck a large ISIL unit and an ISIL fighting position and destroyed four ISIL buildings, 10 ISIL fighting positions, and an ISIL tank.
-- Near Ar Raqqah, two airstrikes destroyed 20 ISIL armored vehicles.
-- Near Al Hasakah, an airstrike destroyed an ISIL armored vehicle.
Airstrikes in Iraq
-- Near Taji, an airstrike struck an ISIL tactical unit.
-- Near Al Asad, an airstrike struck an ISIL tactical unit.
-- Near Fallujah, three airstrikes struck a large ISIL unit and two ISIL tactical unit and destroyed a mortar system, an ISIL building, and a bunker complex.
-- Near Bayji, an airstrike struck an ISIL tactical unit and destroyed an ISIL building and an ISIL fighting position.
-- Near Al Qaim, three airstrikes struck an ISIL shipping container and destroyed an ISIL shipping container, a front end loader, and an armored vehicle.
-- Near Mosul, two airstrikes struck an ISIL tactical unit and destroyed an ISIL weapons cache and a VBIED.
Part of Operation Inherent Resolve
The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the ISIL terrorist group 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 terror 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.
ENERGY COMPANY TO RESTORE AREAS DAMAGED BY NAT. GAS EXTRACTION
FROM: U.S. JUSTICE DEPARTMENT
Monday, December 22, 2014
XTO Energy Inc. to Restore Areas Damaged by Natural Gas Extraction Activities
The Department of Justice and the U.S. Environmental Protection Agency announced today that XTO Energy Inc. (XTO), a subsidiary of ExxonMobil and the nation’s largest holder of natural gas reserves, will spend an estimated $3 million to restore eight sites damaged by unauthorized discharges of fill material into streams and wetlands in connection with hydraulic fracturing operations. XTO will also implement a comprehensive plan to comply with federal and state water protection laws at the company’s oil and gas extraction facilities in West Virginia that use horizontal drilling methods.
“The extraction of domestic energy resources is vitally important, and so it is equally important that companies ensure that all such activities comply with the nation’s environmental laws,” said Acting Assistant Attorney General Sam Hirsch for the Justice Department’s Environment and Natural Resources Division. “This settlement will resolve allegations that XTO’s illegal discharges of fill materials damaged streams and wetlands, by requiring the company to pay a penalty, restore the damaged resources where possible and take other mitigation and compliance measures.”
The company will pay a civil penalty of $2.3 million for violations of Section 404 of the Clean Water Act and West Virginia law. Section 404 of the Clean Water Act prohibits the filling or damming of wetlands, rivers, streams, and other waters of the United States without a permit from the U.S. Army Corps of Engineers (Corps). The Clean Water Act requires a company to obtain a permit prior to discharging dredge or fill material into wetlands, rivers, streams, and other waters of the United States.
The settlement also resolves alleged violations of state law asserted by WVDEP. The state of West Virginia is a co-plaintiff in the settlement and will receive half of the $2.3 million civil penalty.
“American communities expect EPA and our state partners to make sure energy development is done responsibly,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance. “This case will help to protect clean water in West Virginia, and support a level playing field for energy developers that play by the rules.”
The federal government and the West Virginia Department of Environmental Protection (WVDEP) allege that the company impacted streams and discharged sand, dirt, rocks and other fill material into streams and wetlands without a federal permit in order to construct well pads, road crossings, freshwater pits, and other facilities related to natural gas extraction. The alleged violations being resolved by today’s settlement occurred at eight sites located in the West Virginia Counties of Harrison, Marion and Upshur. The federal government and WVDEP allege that the violations impacted more than 5,300 linear feet of stream, and 3.38 acres of wetlands.
The settlement requires that the company fully restore the wetlands and streams wherever feasible, monitor the restored sites to assure the success of the restoration, and implement a comprehensive compliance program to ensure future compliance with the Clean Water Act and applicable state law.
EPA discovered some of the violations through information provided by the state and through routine joint inspections conducted with the Corps, who actively supported the EPA and the Justice Department in this case. In addition, the company voluntarily disclosed potential violations at five of the sites following an internal audit. Beginning in 2011, EPA issued administrative compliance orders for violations at all eight sites. Since that time, the company has been working with EPA to correct the violations and restore those sites in full compliance with EPA’s orders.
In July 2013, the United States concluded a settlement with XTO to resolve an alleged violation of the Clean Water Act related to the discharge of wastewater from XTO’s Penn Township, Lycoming County, Pennsylvania, facility used for the storage of wastewater generated by hydraulic fracturing operations.
Filling wetlands illegally and damming streams can result in serious environmental consequences. Streams, rivers, and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species. Any person, firm or agency planning to work in, or discharge dredged or fill material into waters of the U.S., including wetlands, must first obtain a permit from the Corps. Compliance with the Corps’ permit process and regulations helps to ensure that enforcement actions like this one do not occur. For more information about the permitting process under Section 404 of the Clean Water Act, contact: Regulatory.Permits@usace.army.milEmail links icon.
XTO engages in the exploration and production of natural gas in the Appalachian Basin. The company has Marcellus Shale holdings in Pennsylvania, New York, Ohio and West Virginia.
Monday, December 22, 2014
XTO Energy Inc. to Restore Areas Damaged by Natural Gas Extraction Activities
The Department of Justice and the U.S. Environmental Protection Agency announced today that XTO Energy Inc. (XTO), a subsidiary of ExxonMobil and the nation’s largest holder of natural gas reserves, will spend an estimated $3 million to restore eight sites damaged by unauthorized discharges of fill material into streams and wetlands in connection with hydraulic fracturing operations. XTO will also implement a comprehensive plan to comply with federal and state water protection laws at the company’s oil and gas extraction facilities in West Virginia that use horizontal drilling methods.
“The extraction of domestic energy resources is vitally important, and so it is equally important that companies ensure that all such activities comply with the nation’s environmental laws,” said Acting Assistant Attorney General Sam Hirsch for the Justice Department’s Environment and Natural Resources Division. “This settlement will resolve allegations that XTO’s illegal discharges of fill materials damaged streams and wetlands, by requiring the company to pay a penalty, restore the damaged resources where possible and take other mitigation and compliance measures.”
The company will pay a civil penalty of $2.3 million for violations of Section 404 of the Clean Water Act and West Virginia law. Section 404 of the Clean Water Act prohibits the filling or damming of wetlands, rivers, streams, and other waters of the United States without a permit from the U.S. Army Corps of Engineers (Corps). The Clean Water Act requires a company to obtain a permit prior to discharging dredge or fill material into wetlands, rivers, streams, and other waters of the United States.
The settlement also resolves alleged violations of state law asserted by WVDEP. The state of West Virginia is a co-plaintiff in the settlement and will receive half of the $2.3 million civil penalty.
“American communities expect EPA and our state partners to make sure energy development is done responsibly,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance. “This case will help to protect clean water in West Virginia, and support a level playing field for energy developers that play by the rules.”
The federal government and the West Virginia Department of Environmental Protection (WVDEP) allege that the company impacted streams and discharged sand, dirt, rocks and other fill material into streams and wetlands without a federal permit in order to construct well pads, road crossings, freshwater pits, and other facilities related to natural gas extraction. The alleged violations being resolved by today’s settlement occurred at eight sites located in the West Virginia Counties of Harrison, Marion and Upshur. The federal government and WVDEP allege that the violations impacted more than 5,300 linear feet of stream, and 3.38 acres of wetlands.
The settlement requires that the company fully restore the wetlands and streams wherever feasible, monitor the restored sites to assure the success of the restoration, and implement a comprehensive compliance program to ensure future compliance with the Clean Water Act and applicable state law.
EPA discovered some of the violations through information provided by the state and through routine joint inspections conducted with the Corps, who actively supported the EPA and the Justice Department in this case. In addition, the company voluntarily disclosed potential violations at five of the sites following an internal audit. Beginning in 2011, EPA issued administrative compliance orders for violations at all eight sites. Since that time, the company has been working with EPA to correct the violations and restore those sites in full compliance with EPA’s orders.
In July 2013, the United States concluded a settlement with XTO to resolve an alleged violation of the Clean Water Act related to the discharge of wastewater from XTO’s Penn Township, Lycoming County, Pennsylvania, facility used for the storage of wastewater generated by hydraulic fracturing operations.
Filling wetlands illegally and damming streams can result in serious environmental consequences. Streams, rivers, and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species. Any person, firm or agency planning to work in, or discharge dredged or fill material into waters of the U.S., including wetlands, must first obtain a permit from the Corps. Compliance with the Corps’ permit process and regulations helps to ensure that enforcement actions like this one do not occur. For more information about the permitting process under Section 404 of the Clean Water Act, contact: Regulatory.Permits@usace.army.milEmail links icon.
XTO engages in the exploration and production of natural gas in the Appalachian Basin. The company has Marcellus Shale holdings in Pennsylvania, New York, Ohio and West Virginia.
Saturday, January 3, 2015
U.S. STATE DEPARTMENT LOOKS BACK AT 2014
FROM: U.S. STATE DEPARTMENT
A Look Back at 2014
Bureau of Population, Refugees, and Migration
December 31, 2014
Dear Colleagues and Friends,
The holiday season and the end of the year is a chance to reflect on the past and look ahead to the New Year. The year 2014 opened with a set of terrible conflicts raging – including wars in Syria, South Sudan, and the Central African Republic. These civil wars are characterized by indiscriminate violence and attacks on innocent civilians, as combatants flout widely accepted norms and principles. In June, UNHCR announced that more people were forcibly displaced by the end of 2013 – as refugees, asylum-seekers, and internally displaced people – than at any time since World War II.
And then summer brought more bad news and a longer list of tragedies. ISIL’s attacks spread terror across Iraq. Bloody conflict in areas of southeastern Ukraine bordering Russia displaced hundreds of thousands of lives and left thousands dead. Fighting broke out between Hamas and Israel, unaccompanied Central American children arrived in record numbers at the United States’ southern border, and Africa faced the worst Ebola epidemic in history.
Despite this daunting list, humanitarians and supporters of humanitarian causes can take pride in what we have achieved. Aid groups that faced every conceivable obstacle – donor fatigue, staffing shortages, impassable roads, blockades and attacks –still found ways to keep millions of people alive. Humanitarians managed to stave off a man-made famine in South Sudan and to bring aid to besieged cities in Syria. Throughout the Middle East, a vaccination campaign that has reached 25 million children has helped contain the spread of polio.
The United States led the world’s humanitarian efforts by again serving as top donor. With the support of lawmakers from both parties, the State Department and USAID together provided more than $6 billion in humanitarian assistance this year. U.S. contributions powered the work of the UN refugee agency (UNHCR), the World Food Program, UNICEF, and other leading aid agencies. We also played a role in encouraging other nations to give, some made large donations to UN agencies for the first time. Kuwait organized a second international pledging conference for the Syria crisis that Secretary Kerry attended and gave generously itself. And Saudi Arabia stepped in at a critical moment with significant support for Iraq.
The leaders of UN and other humanitarian organizations called attention to the world’s crises and worked assiduously to mount and mobilize effective responses. Aid workers on the front lines showed professionalism and valor, even as they saw colleagues murdered by terrorists and felled by Ebola.
Countries that took in refugees deserve credit for keeping their borders open as the numbers of refugees climbed. Their hospitality saved countless lives and involved true acts of generosity. The massive influx of Syrian refugees in the Middle East is weighing heavily on communities where people are poor and housing and jobs scarce; there is widespread agreement that development dollars should be directed to helping societies that are coping with the arrivals of large numbers of refugees.
Even during challenging times, humanitarians must persevere. We must defend and rally support for humanitarian principles. We must attract new donors from across the globe, collaborate more, and seek new ways to respond nimbly and effectively. Our priorities and programs must evolve, along with refugees’ needs. Millions now crowd into cities, stay for years, and need ways to support themselves, so innovations such as electronic cash cards and mobile health clinics are essential. Because victims of conflict should thrive and not just survive, we must coordinate relief and development assistance. And we should also capitalize on the growing international momentum behind stopping all forms of violence against women or “gender based” violence. We know that women, girls, and children are particularly vulnerable during crisis, but abuses can be prevented and perpetrators held accountable.
This year we commemorated the 20th anniversary of the International Conference on Population and Development – called the “Cairo Conference.” We noted the tremendous progress that has been made around the world to reduce poverty and maternal and child mortality and send girls and boys to school. However, global progress has been unequal, often hampered by discrimination and inequality. John Kerry attended the Cairo Conference as a U.S. Senator, and now, as Secretary of State, he points to the clear evidence that human and reproductive rights, women’s empowerment, and economic development are closely intertwined. At a 20th anniversary celebration in September, the Secretary said:
“We all know that investing in women and youth isn’t just the right thing to do; it’s a strategic necessity. It’s how you create stability, foster sustainable societies, and promote shared prosperity, because societies where women and girls are safe, where women are empowered to exercise their rights and move their communities forward, these societies are more prosperous and more stable – not occasionally but always.”
I’ve also welcomed the growing interest in helping migrants. This year nearly five thousand migrants died in transit, more than double last year’s death toll. The majority perished at sea -- more than three thousand drowned in the Mediterranean. I recently attended a dialogue in Geneva on Protecting Migrants at Sea organized by UNHCR where experts from around the world agreed: whatever the political and logistical hurdles, our first priority must be saving lives. We also recognized that migrants need to be screened for particular vulnerabilities, e.g. in the case of unaccompanied kids, trafficking victims, or because they are fleeing violence or persecution.
In the United States, we can take pride in our program that helps refugees restart their lives here. In 2014, for the second year in a row, we resettled nearly 70,000 refugees of more than 65 nationalities who are now making their homes in cities and towns across our country. Once again, we ensured that they arrived at an even pace throughout the year to give them and their new communities the best possible chance at success. While we continued to admit large numbers of Iraqis, Burmese, Somalis, and Bhutanese, we also are starting to see growing numbers of Congolese and Syrians – two populations that will make up an increasing share of our resettled refugee population in coming years.
Fortunately, our bureau works with organizations that not only share our concerns, but also share our determination to find solutions to seemingly intractable problems. It is a privilege to engage on these issues alongside a host of the world’s best aid organizations. I realize that this letter serves as a reminder of a series of tragic events around the world, but I also write to remind you, our colleagues and friends, that much is being done every day to save lives, alleviate pain and suffering, and help some of the world’s most vulnerable to find safety. Thank you for your interest in and support for our work.
Best regards,
Anne C. Richard
Assistant Secretary
For Population, Refugees, & Migration
A Look Back at 2014
Bureau of Population, Refugees, and Migration
December 31, 2014
Dear Colleagues and Friends,
The holiday season and the end of the year is a chance to reflect on the past and look ahead to the New Year. The year 2014 opened with a set of terrible conflicts raging – including wars in Syria, South Sudan, and the Central African Republic. These civil wars are characterized by indiscriminate violence and attacks on innocent civilians, as combatants flout widely accepted norms and principles. In June, UNHCR announced that more people were forcibly displaced by the end of 2013 – as refugees, asylum-seekers, and internally displaced people – than at any time since World War II.
And then summer brought more bad news and a longer list of tragedies. ISIL’s attacks spread terror across Iraq. Bloody conflict in areas of southeastern Ukraine bordering Russia displaced hundreds of thousands of lives and left thousands dead. Fighting broke out between Hamas and Israel, unaccompanied Central American children arrived in record numbers at the United States’ southern border, and Africa faced the worst Ebola epidemic in history.
Despite this daunting list, humanitarians and supporters of humanitarian causes can take pride in what we have achieved. Aid groups that faced every conceivable obstacle – donor fatigue, staffing shortages, impassable roads, blockades and attacks –still found ways to keep millions of people alive. Humanitarians managed to stave off a man-made famine in South Sudan and to bring aid to besieged cities in Syria. Throughout the Middle East, a vaccination campaign that has reached 25 million children has helped contain the spread of polio.
The United States led the world’s humanitarian efforts by again serving as top donor. With the support of lawmakers from both parties, the State Department and USAID together provided more than $6 billion in humanitarian assistance this year. U.S. contributions powered the work of the UN refugee agency (UNHCR), the World Food Program, UNICEF, and other leading aid agencies. We also played a role in encouraging other nations to give, some made large donations to UN agencies for the first time. Kuwait organized a second international pledging conference for the Syria crisis that Secretary Kerry attended and gave generously itself. And Saudi Arabia stepped in at a critical moment with significant support for Iraq.
The leaders of UN and other humanitarian organizations called attention to the world’s crises and worked assiduously to mount and mobilize effective responses. Aid workers on the front lines showed professionalism and valor, even as they saw colleagues murdered by terrorists and felled by Ebola.
Countries that took in refugees deserve credit for keeping their borders open as the numbers of refugees climbed. Their hospitality saved countless lives and involved true acts of generosity. The massive influx of Syrian refugees in the Middle East is weighing heavily on communities where people are poor and housing and jobs scarce; there is widespread agreement that development dollars should be directed to helping societies that are coping with the arrivals of large numbers of refugees.
Even during challenging times, humanitarians must persevere. We must defend and rally support for humanitarian principles. We must attract new donors from across the globe, collaborate more, and seek new ways to respond nimbly and effectively. Our priorities and programs must evolve, along with refugees’ needs. Millions now crowd into cities, stay for years, and need ways to support themselves, so innovations such as electronic cash cards and mobile health clinics are essential. Because victims of conflict should thrive and not just survive, we must coordinate relief and development assistance. And we should also capitalize on the growing international momentum behind stopping all forms of violence against women or “gender based” violence. We know that women, girls, and children are particularly vulnerable during crisis, but abuses can be prevented and perpetrators held accountable.
This year we commemorated the 20th anniversary of the International Conference on Population and Development – called the “Cairo Conference.” We noted the tremendous progress that has been made around the world to reduce poverty and maternal and child mortality and send girls and boys to school. However, global progress has been unequal, often hampered by discrimination and inequality. John Kerry attended the Cairo Conference as a U.S. Senator, and now, as Secretary of State, he points to the clear evidence that human and reproductive rights, women’s empowerment, and economic development are closely intertwined. At a 20th anniversary celebration in September, the Secretary said:
“We all know that investing in women and youth isn’t just the right thing to do; it’s a strategic necessity. It’s how you create stability, foster sustainable societies, and promote shared prosperity, because societies where women and girls are safe, where women are empowered to exercise their rights and move their communities forward, these societies are more prosperous and more stable – not occasionally but always.”
I’ve also welcomed the growing interest in helping migrants. This year nearly five thousand migrants died in transit, more than double last year’s death toll. The majority perished at sea -- more than three thousand drowned in the Mediterranean. I recently attended a dialogue in Geneva on Protecting Migrants at Sea organized by UNHCR where experts from around the world agreed: whatever the political and logistical hurdles, our first priority must be saving lives. We also recognized that migrants need to be screened for particular vulnerabilities, e.g. in the case of unaccompanied kids, trafficking victims, or because they are fleeing violence or persecution.
In the United States, we can take pride in our program that helps refugees restart their lives here. In 2014, for the second year in a row, we resettled nearly 70,000 refugees of more than 65 nationalities who are now making their homes in cities and towns across our country. Once again, we ensured that they arrived at an even pace throughout the year to give them and their new communities the best possible chance at success. While we continued to admit large numbers of Iraqis, Burmese, Somalis, and Bhutanese, we also are starting to see growing numbers of Congolese and Syrians – two populations that will make up an increasing share of our resettled refugee population in coming years.
Fortunately, our bureau works with organizations that not only share our concerns, but also share our determination to find solutions to seemingly intractable problems. It is a privilege to engage on these issues alongside a host of the world’s best aid organizations. I realize that this letter serves as a reminder of a series of tragic events around the world, but I also write to remind you, our colleagues and friends, that much is being done every day to save lives, alleviate pain and suffering, and help some of the world’s most vulnerable to find safety. Thank you for your interest in and support for our work.
Best regards,
Anne C. Richard
Assistant Secretary
For Population, Refugees, & Migration
U.S. REP TO UN MAKES REMARKS ON UN MANAGEMENT AND REFORM
FROM: THE U.S. STATE DEPARTMENT
Ambassador Isobel Coleman
U.S. Representative to the UN for UN Management and Reform
New York, NY
December 29, 2014
AS DELIVERED
Mr. Chairman -
My delegation expresses sincere appreciation for your leadership during this session. I would also like to thank the Bureau, the Secretary of the Committee and her team, and the many members of the Secretariat who assisted the Committee during this session.
Mr. Chairman, this has been an extraordinary session. The Committee dealt with a large number of difficult issues. We experienced some long days and late nights to conclude the business of the Committee. We engaged at multiple levels from experts to Permanent Representatives, including at times when otherwise we would have been celebrating the holidays with family and friends. We made an extraordinary effort because of our shared commitment to upholding our collective responsibility to address the numerous administrative and budgetary matters that come before this Committee.
Mr. Chairman, while we were able to conclude our work and address most of the issues before us, we did not do so in the most effective way. As the Committee entrusted with overseeing the resources of the Organization, the Fifth Committee could do a better job of managing our own time and resources. In that regard, I would like to say a few words about the way in which we reach agreement in this Committee.
Mr. Chairman, for over two decades the customary practice of the Fifth Committee has been to make decisions by consensus. With rare exceptions, this practice has served the Committee well, ensuring that member states work together constructively in the spirit of cooperation.
Mr. Chairman, consensus ensures that one group of member states cannot force decisions against the will of any other group. Consensus also ensures that every member state has a voice that can be heard before agreement is reached. Consensus also requires us to balance our often competing national interests with our mutual interest in ensuring that the United Nations is well positioned to perform its mission.
But one thing is sure, holding the threat of a vote over one side’s head is not the way to reach consensus or to manage issues in this committee.
Mr. Chairman, the agreements that we reached during this session did not meet all of my delegation's objectives. I know that the same is true for many other delegations. That is the essence of compromise - we walk away pleased with some results and not so pleased with others. But, in the end, we collectively upheld our responsibility for reaching agreement on how best to provide the Organization with the resources and tools that it needs to accomplish its mission.
Mr. Chairman, in recent sessions of this Committee, including this one, there have been a few occasions when we came to the brink of deviating from our customary practice of agreeing by consensus. Fortunately, with very few exceptions, we have been able to work through our differences and preserve the constructive manner in which we work together. My delegation does not want to see the presenting of L documents become a common practice in this or any other Committee. We are truly saddened that this has become the method of choice in the past year once serious negotiations begin. Over 15 years ago this committee agreed to handle budgetary issues by consensus because the alternative would have been destructive not only to the work of this committee but to the UN as a whole. It is our hope that we can revert to that approach next year.
Going forward, my delegation commits to working to address the issues which we were not able to resolve fully in this session. We also commit to an ongoing dialogue about how the Committee can improve its working methods and preserve the spirit of cooperation which is the essence of consensus-based decision-making. We would do a huge disservice to the Organization, if we were to do otherwise and allow divisions and disagreement to become the lasting hallmark of the Fifth Committee.
In closing, Mr. Chairman, I would like to reiterate my delegation's sincere appreciation for your excellent leadership and extend our congratulations to the entire Committee for having been able to work through some significant differences and reach agreement on sustaining the important work of the United Nations.
Ambassador Isobel Coleman
U.S. Representative to the UN for UN Management and Reform
New York, NY
December 29, 2014
AS DELIVERED
Mr. Chairman -
My delegation expresses sincere appreciation for your leadership during this session. I would also like to thank the Bureau, the Secretary of the Committee and her team, and the many members of the Secretariat who assisted the Committee during this session.
Mr. Chairman, this has been an extraordinary session. The Committee dealt with a large number of difficult issues. We experienced some long days and late nights to conclude the business of the Committee. We engaged at multiple levels from experts to Permanent Representatives, including at times when otherwise we would have been celebrating the holidays with family and friends. We made an extraordinary effort because of our shared commitment to upholding our collective responsibility to address the numerous administrative and budgetary matters that come before this Committee.
Mr. Chairman, while we were able to conclude our work and address most of the issues before us, we did not do so in the most effective way. As the Committee entrusted with overseeing the resources of the Organization, the Fifth Committee could do a better job of managing our own time and resources. In that regard, I would like to say a few words about the way in which we reach agreement in this Committee.
Mr. Chairman, for over two decades the customary practice of the Fifth Committee has been to make decisions by consensus. With rare exceptions, this practice has served the Committee well, ensuring that member states work together constructively in the spirit of cooperation.
Mr. Chairman, consensus ensures that one group of member states cannot force decisions against the will of any other group. Consensus also ensures that every member state has a voice that can be heard before agreement is reached. Consensus also requires us to balance our often competing national interests with our mutual interest in ensuring that the United Nations is well positioned to perform its mission.
But one thing is sure, holding the threat of a vote over one side’s head is not the way to reach consensus or to manage issues in this committee.
Mr. Chairman, the agreements that we reached during this session did not meet all of my delegation's objectives. I know that the same is true for many other delegations. That is the essence of compromise - we walk away pleased with some results and not so pleased with others. But, in the end, we collectively upheld our responsibility for reaching agreement on how best to provide the Organization with the resources and tools that it needs to accomplish its mission.
Mr. Chairman, in recent sessions of this Committee, including this one, there have been a few occasions when we came to the brink of deviating from our customary practice of agreeing by consensus. Fortunately, with very few exceptions, we have been able to work through our differences and preserve the constructive manner in which we work together. My delegation does not want to see the presenting of L documents become a common practice in this or any other Committee. We are truly saddened that this has become the method of choice in the past year once serious negotiations begin. Over 15 years ago this committee agreed to handle budgetary issues by consensus because the alternative would have been destructive not only to the work of this committee but to the UN as a whole. It is our hope that we can revert to that approach next year.
Going forward, my delegation commits to working to address the issues which we were not able to resolve fully in this session. We also commit to an ongoing dialogue about how the Committee can improve its working methods and preserve the spirit of cooperation which is the essence of consensus-based decision-making. We would do a huge disservice to the Organization, if we were to do otherwise and allow divisions and disagreement to become the lasting hallmark of the Fifth Committee.
In closing, Mr. Chairman, I would like to reiterate my delegation's sincere appreciation for your excellent leadership and extend our congratulations to the entire Committee for having been able to work through some significant differences and reach agreement on sustaining the important work of the United Nations.
HEALTH AND SLEEP
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Why is Sleep Important?
Dec 29, 2014
By: Michael Twery, Ph.D., Director, National Center on Sleep Disorders Research, the National Heart, Lung, and Blood Institute
Why is sleep important to you? An estimated 35 percent of U.S. adults report less than seven hours of sleep during a typical 24 hour period. Sleepiness resulting from insufficient sleep, irregular sleep schedules, or poor quality sleep is a cause of motor vehicle crashes, occupational errors with hazardous outcomes, and difficulty performing daily tasks. Sleep and wakefulness disorders affect an estimated 15-20 percent of US adults who are more likely to suffer from chronic disorders including depression, substance abuse, hypertension, diabetes, cancer, stroke, and all-cause mortality. Resilience to stress, emotional regulation, and inter-personal relationships are impaired by sleep deficiency. Recent findings suggest that investing in sleep health contributes to maintaining brain health, and ultimately protecting cognitive functions necessary for aging-in-place. Recognizing and addressing sleep health issues presents opportunities for enhancing public health, and improving the well-being of all people.
Societal and health consequences of insufficient sleep are explored in “Sleepless in America” produced by National Geographic Channel in collaboration with The National Institutes of Health. The documentary explains how research is changing our perception of sleep, sleepiness, and its importance to health. The idea of “sleep” as a period when the brain simply shuts down has been replaced by an increasingly sophisticated understanding of how the rhythm of sleep and wakefulness is necessary for the biological function in every organ. Not only does this daily “circadian” rhythm play an important role in learning and the filtering of memories in brain, but it also serves to regulate the energy level of most all cells. Shortages of cellular energy eventually wear down natural defenses through oxidative stress and abnormalities in protein processing increasing the risk of disease. Another NIH-funded study helped show that during sleep, a byproduct known as amyloid beta is cleared from the brain at a faster rate than when a person is awake. Amyloid beta has been connected to Alzheimer’s disease.
What all of this adds up to is the idea that sleep should be considered just as important as eating right and getting enough exercise. Adults should aim for 7-8 hours of sleep, while teens need up to 9 hours a night. But getting good sleep goes beyond being in bed for a set number of hours. The quality and timing of sleep are two other important factors for getting proper rest each night. People who work the night shift may experience problems getting quality sleep.
Here are five tips everyone can use to help improve the quality of their sleep:
Keep your bedroom cool and dark
Put away/turn off all electronic devices while preparing for bedtime
Stick to a regular bedtime and wake time every day, even on weekends
Stop drinking caffeine by the early afternoon and avoid large late-night meals
Skip the late-afternoon nap, as it can make it harder to sleep at bedtime
Why is Sleep Important?
Dec 29, 2014
By: Michael Twery, Ph.D., Director, National Center on Sleep Disorders Research, the National Heart, Lung, and Blood Institute
Why is sleep important to you? An estimated 35 percent of U.S. adults report less than seven hours of sleep during a typical 24 hour period. Sleepiness resulting from insufficient sleep, irregular sleep schedules, or poor quality sleep is a cause of motor vehicle crashes, occupational errors with hazardous outcomes, and difficulty performing daily tasks. Sleep and wakefulness disorders affect an estimated 15-20 percent of US adults who are more likely to suffer from chronic disorders including depression, substance abuse, hypertension, diabetes, cancer, stroke, and all-cause mortality. Resilience to stress, emotional regulation, and inter-personal relationships are impaired by sleep deficiency. Recent findings suggest that investing in sleep health contributes to maintaining brain health, and ultimately protecting cognitive functions necessary for aging-in-place. Recognizing and addressing sleep health issues presents opportunities for enhancing public health, and improving the well-being of all people.
Societal and health consequences of insufficient sleep are explored in “Sleepless in America” produced by National Geographic Channel in collaboration with The National Institutes of Health. The documentary explains how research is changing our perception of sleep, sleepiness, and its importance to health. The idea of “sleep” as a period when the brain simply shuts down has been replaced by an increasingly sophisticated understanding of how the rhythm of sleep and wakefulness is necessary for the biological function in every organ. Not only does this daily “circadian” rhythm play an important role in learning and the filtering of memories in brain, but it also serves to regulate the energy level of most all cells. Shortages of cellular energy eventually wear down natural defenses through oxidative stress and abnormalities in protein processing increasing the risk of disease. Another NIH-funded study helped show that during sleep, a byproduct known as amyloid beta is cleared from the brain at a faster rate than when a person is awake. Amyloid beta has been connected to Alzheimer’s disease.
What all of this adds up to is the idea that sleep should be considered just as important as eating right and getting enough exercise. Adults should aim for 7-8 hours of sleep, while teens need up to 9 hours a night. But getting good sleep goes beyond being in bed for a set number of hours. The quality and timing of sleep are two other important factors for getting proper rest each night. People who work the night shift may experience problems getting quality sleep.
Here are five tips everyone can use to help improve the quality of their sleep:
Keep your bedroom cool and dark
Put away/turn off all electronic devices while preparing for bedtime
Stick to a regular bedtime and wake time every day, even on weekends
Stop drinking caffeine by the early afternoon and avoid large late-night meals
Skip the late-afternoon nap, as it can make it harder to sleep at bedtime
Friday, January 2, 2015
U.S. CONGRATULATES PEOPLE OF MYANMAR ON THEIR INDEPENDENCE DAY
FROM: U.S. STATE DEPARTMENT
Myanmar's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
January 2, 2015
On behalf of President Obama and the people of the United States, I would like to congratulate the people of Myanmar as you celebrate the 67th anniversary of your nation’s independence.
This day is an appropriate moment to reiterate America’s commitment to supporting your country as you continue down the path of reform towards a modern, democratic, peaceful, and economically vibrant nation. It is my sincere hope that in the future together we can celebrate the fulfillment of all of your aspirations.
During my visit last August, I was struck by how much had changed since my first trip to your country fifteen years ago when I was still a United States Senator. It was affirming to see firsthand the deepening diplomatic, economic and cultural relationships between our two nations which some had once deemed impossible. The journey traveled thus far is itself the best evidence of how far we can travel together in the next journey going forward. I look forward to working with you to see those ties grow as Myanmar continues to open to the world.
Please accept the best wishes of the American people for a happy Independence Day.
Myanmar's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
January 2, 2015
On behalf of President Obama and the people of the United States, I would like to congratulate the people of Myanmar as you celebrate the 67th anniversary of your nation’s independence.
This day is an appropriate moment to reiterate America’s commitment to supporting your country as you continue down the path of reform towards a modern, democratic, peaceful, and economically vibrant nation. It is my sincere hope that in the future together we can celebrate the fulfillment of all of your aspirations.
During my visit last August, I was struck by how much had changed since my first trip to your country fifteen years ago when I was still a United States Senator. It was affirming to see firsthand the deepening diplomatic, economic and cultural relationships between our two nations which some had once deemed impossible. The journey traveled thus far is itself the best evidence of how far we can travel together in the next journey going forward. I look forward to working with you to see those ties grow as Myanmar continues to open to the world.
Please accept the best wishes of the American people for a happy Independence Day.
U.S. CONGRATULATES PEOPLE OF HAITI ON THEIR INDEPENDENCE DAY
FROM: U.S. STATE DEPARTMENT
Haiti's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
January 1, 2015
I congratulate the people of Haiti on their 211th Independence Day.
As Haitians celebrate this milestone, they can take pride in the harvest of hard work in reconstruction and development. But this is also a day to focus on the work ahead to keep faith with the promise of Independence Day. The year ahead will be pivotal as Haiti works to schedule overdue parliamentary elections. Just as we stand with the Haitian people today as they mark their 211th year of independence, the United States reiterates its unflinching support of the people of Haiti as they strive to build a stronger and more enduring democracy.
The people-to-people bonds shared by our two nations sustain a warm friendship that prevails through times of prosperity and trial. These unbreakable links give us cause to reaffirm the commitment of the United States to be a partner for a more stable and prosperous Haiti and to wish the Haitian people well on this special day.
Haiti's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
January 1, 2015
I congratulate the people of Haiti on their 211th Independence Day.
As Haitians celebrate this milestone, they can take pride in the harvest of hard work in reconstruction and development. But this is also a day to focus on the work ahead to keep faith with the promise of Independence Day. The year ahead will be pivotal as Haiti works to schedule overdue parliamentary elections. Just as we stand with the Haitian people today as they mark their 211th year of independence, the United States reiterates its unflinching support of the people of Haiti as they strive to build a stronger and more enduring democracy.
The people-to-people bonds shared by our two nations sustain a warm friendship that prevails through times of prosperity and trial. These unbreakable links give us cause to reaffirm the commitment of the United States to be a partner for a more stable and prosperous Haiti and to wish the Haitian people well on this special day.
DOJ RELEASES LAW ENFORCEMENT OFFICER FATALITY STATISTICS
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, December 30, 2014
Statement from Attorney General Holder on Yearly Law Enforcement Officer Fatality Statistics
The National Law Enforcement Officers Memorial Fund today released preliminary fatality statistics for 2014. The data in the report shows that 126 federal, state, local, tribal and territorial officers were killed in the line of duty this year. The report further showed that in 2014, 50 officers were killed by firearms, 49 officers were killed in traffic-related incidents, and 27 officers died due to other causes including 24 who suffered from job-related illnesses—such as heart attacks—while performing their duties.
Attorney General Eric Holder made the following statement today:
"These troubling statistics underscore the very real dangers that America's brave law enforcement officers face every time they put on their uniforms. Each loss is both tragic and unacceptable -- a beloved father, mother, son, or daughter who never came home to their loved ones.
"That's why, over the last six years, my colleagues and I have taken action to support these courageous men and women. As we speak, the Justice Department continues its efforts to empower local, state, tribal, and federal law enforcement personnel to do their jobs as safely and effectively as possible. In 2011, I created an Officer Safety Working Group in response to concerns about violence directed at law enforcement. The department is currently funding thorough analysis of 2014 officer fatalities, including ambushes of law enforcement and other incidents, so we can mitigate risks in the future. And through groundbreaking initiatives like VALOR, we are providing cutting-edge training to help prevent violence against law enforcement, to improve officer resilience, and to increase survivability during violent encounters.
"Through our Bulletproof Vest Partnership Program, we're helping to provide lifesaving equipment to those who serve on the front lines. And through the Public Safety Officers' Benefits Program, we're offering our strongest support to our brave officers and their loved ones in the toughest of times.
"Going forward, this unshakeable commitment to those who serve will continue to guide our efforts to improve 21st-century policing and build trust between law enforcement and the communities they protect.
"I have always been proud to support these selfless public servants. All Americans owe our courageous law enforcement personnel a tremendous debt of gratitude for their patriotic service, for their often-unheralded sacrifices, and for the dangers they routinely face in the name of public safety."
Tuesday, December 30, 2014
Statement from Attorney General Holder on Yearly Law Enforcement Officer Fatality Statistics
The National Law Enforcement Officers Memorial Fund today released preliminary fatality statistics for 2014. The data in the report shows that 126 federal, state, local, tribal and territorial officers were killed in the line of duty this year. The report further showed that in 2014, 50 officers were killed by firearms, 49 officers were killed in traffic-related incidents, and 27 officers died due to other causes including 24 who suffered from job-related illnesses—such as heart attacks—while performing their duties.
Attorney General Eric Holder made the following statement today:
"These troubling statistics underscore the very real dangers that America's brave law enforcement officers face every time they put on their uniforms. Each loss is both tragic and unacceptable -- a beloved father, mother, son, or daughter who never came home to their loved ones.
"That's why, over the last six years, my colleagues and I have taken action to support these courageous men and women. As we speak, the Justice Department continues its efforts to empower local, state, tribal, and federal law enforcement personnel to do their jobs as safely and effectively as possible. In 2011, I created an Officer Safety Working Group in response to concerns about violence directed at law enforcement. The department is currently funding thorough analysis of 2014 officer fatalities, including ambushes of law enforcement and other incidents, so we can mitigate risks in the future. And through groundbreaking initiatives like VALOR, we are providing cutting-edge training to help prevent violence against law enforcement, to improve officer resilience, and to increase survivability during violent encounters.
"Through our Bulletproof Vest Partnership Program, we're helping to provide lifesaving equipment to those who serve on the front lines. And through the Public Safety Officers' Benefits Program, we're offering our strongest support to our brave officers and their loved ones in the toughest of times.
"Going forward, this unshakeable commitment to those who serve will continue to guide our efforts to improve 21st-century policing and build trust between law enforcement and the communities they protect.
"I have always been proud to support these selfless public servants. All Americans owe our courageous law enforcement personnel a tremendous debt of gratitude for their patriotic service, for their often-unheralded sacrifices, and for the dangers they routinely face in the name of public safety."
LANDLORD CONVICTED OF FRAUD AND FORGERY
FROM: U.S. JUSTICE DEPARTMENT
Department of Justice
U.S. Attorney’s Office
District of Massachusetts
FOR IMMEDIATE RELEASE
Monday, December 22, 2014
Springfield Landlord Convicted of Fraud and Forgery Charges
SPRINGFIELD - A Springfield landlord was convicted in federal court today of fraud and related charged in connection with fires at two of his Springfield properties.
Wilkenson Knaggs, 43, was convicted by a jury following a five-day trial of three counts of mail fraud, two counts of negotiating checks with forged endorsements, and two counts of spending the mail fraud proceeds. U.S. District Judge Mark Mastroianni scheduled sentencing for March 20, 2015.
Following a Nov. 16, 2008 fire at 376-378 Franklin Street in Springfield, Knaggs submitted a fraudulent contract for rehabilitating the three-family house in order to obtain a payout on his homeowner’s policy. He also forged the endorsement of the City of Springfield on a second check, cashing the check at a Boston check cashing company, and using the proceeds to buy a two-family house at 99 Central Street. In addition, Knaggs recorded the title to 99 Central Street in the name of a relative and used the relative to make a claim on the insurance policy after a March 7, 2010, fire at the Central Street property.
The charging statutes provide for a sentence of no more than 20 years in prison, three years of supervised release and a $250,000 fine on each mail fraud count with lower maximum sentences on the other charges. Actual sentences for federal crimes are typically less than the statutory maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Shelley Binkowski , Postal Inspector in Charge, United States Postal Inspection Service; and Vincent Lisi, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Karen Goodwin and Deepika Shukla of Ortiz’s Springfield Branch Office.
USAO - District of Massachusetts
Updated December 22, 201
Department of Justice
U.S. Attorney’s Office
District of Massachusetts
FOR IMMEDIATE RELEASE
Monday, December 22, 2014
Springfield Landlord Convicted of Fraud and Forgery Charges
SPRINGFIELD - A Springfield landlord was convicted in federal court today of fraud and related charged in connection with fires at two of his Springfield properties.
Wilkenson Knaggs, 43, was convicted by a jury following a five-day trial of three counts of mail fraud, two counts of negotiating checks with forged endorsements, and two counts of spending the mail fraud proceeds. U.S. District Judge Mark Mastroianni scheduled sentencing for March 20, 2015.
Following a Nov. 16, 2008 fire at 376-378 Franklin Street in Springfield, Knaggs submitted a fraudulent contract for rehabilitating the three-family house in order to obtain a payout on his homeowner’s policy. He also forged the endorsement of the City of Springfield on a second check, cashing the check at a Boston check cashing company, and using the proceeds to buy a two-family house at 99 Central Street. In addition, Knaggs recorded the title to 99 Central Street in the name of a relative and used the relative to make a claim on the insurance policy after a March 7, 2010, fire at the Central Street property.
The charging statutes provide for a sentence of no more than 20 years in prison, three years of supervised release and a $250,000 fine on each mail fraud count with lower maximum sentences on the other charges. Actual sentences for federal crimes are typically less than the statutory maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Shelley Binkowski , Postal Inspector in Charge, United States Postal Inspection Service; and Vincent Lisi, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Karen Goodwin and Deepika Shukla of Ortiz’s Springfield Branch Office.
USAO - District of Massachusetts
Updated December 22, 201
DOJ FILES LAWSUIT AGAINST PHARMA CONSULTING SERVICE FOR ALLEGEDLY TAKING KICKBACKS FROM PHARMA MANUFACTURERS
FROM: U.S. JUSTICE DEPARTMENT
Monday, December 22, 2014
United States Files Suit Against Omnicare Inc. for Accepting Kickbacks from Drug Manufacturer to Promote an Anti-Epileptic Drug in Nursing Homes
The United States has filed a civil False Claims Act complaint against Omnicare Inc. alleging that it solicited and received millions of dollars in kickbacks from pharmaceutical manufacturer Abbott Laboratories, the Justice Department announced today. Omnicare is the nation’s largest provider of pharmaceuticals and pharmacy consulting services to nursing homes. Federal regulations designed to protect nursing home residents from unnecessary drugs require nursing homes to retain consulting pharmacists such as those provided by Omnicare to ensure that residents’ drug prescriptions are appropriate.
In its complaint, the United States alleges that Omnicare solicited and received kickbacks from Abbott in exchange for purchasing and recommending the prescription drug Depakote for controlling behavioral disturbances exhibited by dementia patients residing in nursing homes serviced by Omnicare. According to the complaint, Omnicare’s pharmacists reviewed nursing home patients’ charts at least monthly and made recommendations to physicians on what drugs should be prescribed for those patients. The government alleges that Omnicare touted its influence over physicians in nursing homes in order to secure kickbacks from pharmaceutical companies such as Abbott.
“Elderly nursing home residents suffering from dementia are among our nation’s most vulnerable patient populations, and they depend on the independent judgment of healthcare professionals for their daily care,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Kickbacks to consulting pharmacists compromise their independence and undermine their role in protecting nursing home residents from the use of unnecessary drugs.”
The United States alleges that Omnicare disguised the kickbacks it received from Abbott in a variety of ways. Abbott allegedly made payments to Omnicare described as “grants” and “educational funding,” even though their true purpose was to induce Omnicare to recommend Depakote. For example, according to the complaint, Omnicare solicited substantial contributions from Abbott and other pharmaceutical manufacturers to its “Re*View” program. Although Omnicare claimed that Re*View was a “health management” and “educational” program, the complaint alleges that it was simply a means by which Omnicare solicited kickbacks from pharmaceutical manufacturers in exchange for increasing the utilization of their drugs on elderly nursing home residents. In internal documents, Omnicare allegedly referred to Re*View as its “one extra script per patient” program. The complaint also alleges that Omnicare entered into agreements with Abbott by which Omnicare was entitled to increasing levels of rebates from Abbott based on the number of nursing home residents serviced and the amount of Depakote prescribed per resident. Finally, the complaint alleges that Abbott funded Omnicare management meetings on Amelia Island, Florida, offered tickets to sporting events to Omnicare management, and made other payments to local Omnicare pharmacies.
“Although the United States Attorney’s Office for the Western District of Virginia is small, we will not waver in our pursuit of the largest corporations, like Omnicare and Abbott, who illegally raid the coffers of Medicaid, Medicare, and other healthcare benefit programs,” said Acting U.S. Attorney Anthony P. Giorno for the Western District of Virginia.
“Kickback allegations place elderly nursing home residents at risk that treatment decisions are influenced by improper financial incentives,” said Special Agent in Charge Nicholas DiGiulio for the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) region including Virginia. “We will continually guard government health programs and taxpayers from companies more intent on their bottom lines than on patient care.”
In May 2012, the United States, numerous individual states, and Abbott entered into a $1.5 billion global civil and criminal resolution that, among other things, resolved Abbott’s civil liability under the False Claims Act for paying kickbacks to nursing home pharmacies.
The United States filed its complaint against Omnicare in two consolidated whistleblower lawsuits filed under the False Claims Act in the Western District of Virginia. The whistleblower provisions of the False Claims Act authorize private parties to sue for fraud on behalf of the United States and share in any recovery. The United States is entitled to intervene and take over such lawsuits, as it has done here.
This case 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 investigation was jointly handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Virginia, HHS-OIG, the Office of the Attorney General for the Commonwealth of Virginia and the National Association of Medicaid Fraud Control Units.
The cases are captioned United States ex rel. Spetter v. Abbott Labs., et al., Case No. 10-cv-00006 (W.D. Va.) and United States ex rel. McCoyd v. Abbott Labs., et al., Case No. 07-cv-00081 (W.D. Va.). The claims asserted in the government’s complaint are allegations only and there has been no determination of liability.
Monday, December 22, 2014
United States Files Suit Against Omnicare Inc. for Accepting Kickbacks from Drug Manufacturer to Promote an Anti-Epileptic Drug in Nursing Homes
The United States has filed a civil False Claims Act complaint against Omnicare Inc. alleging that it solicited and received millions of dollars in kickbacks from pharmaceutical manufacturer Abbott Laboratories, the Justice Department announced today. Omnicare is the nation’s largest provider of pharmaceuticals and pharmacy consulting services to nursing homes. Federal regulations designed to protect nursing home residents from unnecessary drugs require nursing homes to retain consulting pharmacists such as those provided by Omnicare to ensure that residents’ drug prescriptions are appropriate.
In its complaint, the United States alleges that Omnicare solicited and received kickbacks from Abbott in exchange for purchasing and recommending the prescription drug Depakote for controlling behavioral disturbances exhibited by dementia patients residing in nursing homes serviced by Omnicare. According to the complaint, Omnicare’s pharmacists reviewed nursing home patients’ charts at least monthly and made recommendations to physicians on what drugs should be prescribed for those patients. The government alleges that Omnicare touted its influence over physicians in nursing homes in order to secure kickbacks from pharmaceutical companies such as Abbott.
“Elderly nursing home residents suffering from dementia are among our nation’s most vulnerable patient populations, and they depend on the independent judgment of healthcare professionals for their daily care,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Kickbacks to consulting pharmacists compromise their independence and undermine their role in protecting nursing home residents from the use of unnecessary drugs.”
The United States alleges that Omnicare disguised the kickbacks it received from Abbott in a variety of ways. Abbott allegedly made payments to Omnicare described as “grants” and “educational funding,” even though their true purpose was to induce Omnicare to recommend Depakote. For example, according to the complaint, Omnicare solicited substantial contributions from Abbott and other pharmaceutical manufacturers to its “Re*View” program. Although Omnicare claimed that Re*View was a “health management” and “educational” program, the complaint alleges that it was simply a means by which Omnicare solicited kickbacks from pharmaceutical manufacturers in exchange for increasing the utilization of their drugs on elderly nursing home residents. In internal documents, Omnicare allegedly referred to Re*View as its “one extra script per patient” program. The complaint also alleges that Omnicare entered into agreements with Abbott by which Omnicare was entitled to increasing levels of rebates from Abbott based on the number of nursing home residents serviced and the amount of Depakote prescribed per resident. Finally, the complaint alleges that Abbott funded Omnicare management meetings on Amelia Island, Florida, offered tickets to sporting events to Omnicare management, and made other payments to local Omnicare pharmacies.
“Although the United States Attorney’s Office for the Western District of Virginia is small, we will not waver in our pursuit of the largest corporations, like Omnicare and Abbott, who illegally raid the coffers of Medicaid, Medicare, and other healthcare benefit programs,” said Acting U.S. Attorney Anthony P. Giorno for the Western District of Virginia.
“Kickback allegations place elderly nursing home residents at risk that treatment decisions are influenced by improper financial incentives,” said Special Agent in Charge Nicholas DiGiulio for the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) region including Virginia. “We will continually guard government health programs and taxpayers from companies more intent on their bottom lines than on patient care.”
In May 2012, the United States, numerous individual states, and Abbott entered into a $1.5 billion global civil and criminal resolution that, among other things, resolved Abbott’s civil liability under the False Claims Act for paying kickbacks to nursing home pharmacies.
The United States filed its complaint against Omnicare in two consolidated whistleblower lawsuits filed under the False Claims Act in the Western District of Virginia. The whistleblower provisions of the False Claims Act authorize private parties to sue for fraud on behalf of the United States and share in any recovery. The United States is entitled to intervene and take over such lawsuits, as it has done here.
This case 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 investigation was jointly handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Virginia, HHS-OIG, the Office of the Attorney General for the Commonwealth of Virginia and the National Association of Medicaid Fraud Control Units.
The cases are captioned United States ex rel. Spetter v. Abbott Labs., et al., Case No. 10-cv-00006 (W.D. Va.) and United States ex rel. McCoyd v. Abbott Labs., et al., Case No. 07-cv-00081 (W.D. Va.). The claims asserted in the government’s complaint are allegations only and there has been no determination of liability.
SEC CHARGES TWO BUSINESSMEN IN CHILE WITH INSIDER TRADING
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
The Securities and Exchange Commission charged two business associates in Chile with insider trading on nonpublic information that one of them learned while serving on the board of directors of a pharmaceutical company. The agency obtained a court order to freeze assets in the U.S. brokerage accounts used to conduct the trading.
The SEC alleges that Juan Cruz Bilbao Hormaeche exploited highly confidential information from CFR Pharmaceuticals S.A. board meetings at which a tender offer by Abbott Laboratories was discussed. In a U.S. brokerage account of which he is the beneficiary, Bilbao caused the purchase of millions of dollars’ worth of American Depositary Shares (ADS) of CFR Pharmaceuticals on the basis of nonpublic information about progressing negotiations between the two companies. Bilbao used Tomás Andrés Hurtado Rourke to place the trades in the brokerage account, and Hurtado also purchased several hundred thousand dollars’ worth of ADS in his own U.S. brokerage account. After Abbott Laboratories publicly announced a definitive agreement to acquire CFR Pharmaceuticals and commenced the tender offer, Bilbao and Hurtado tendered the ADS they purchased. They reaped approximately $10.6 million in illicit profits.
“Bilbao abused his position on a company’s board as he stockpiled ADS on the basis of inside information that a major payday was coming soon on those shares,” said Karen L. Martinez, Director of the SEC’s Salt Lake Regional Office.
The SEC’s complaint filed in U.S. District Court for the Southern District of New York alleges that Bilbao violated Section Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3. The complaint also alleges Hurtado violated Sections 14(e) and 20(e) of the Exchange Act and Rule 14e-3. The complaint seeks disgorgement of ill-gotten gains plus prejudgment interest and financial penalties in addition to permanent injunctions against further violations of these provisions of the securities laws. Bilbao allegedly used an offshore entity to engage in the insider trading, and the SEC seeks to repatriate all illegal profits.
The SEC’s investigation was conducted by William B. McKean and the litigation will be led by Daniel J. Wadley of the Salt Lake Regional Office.
The Securities and Exchange Commission charged two business associates in Chile with insider trading on nonpublic information that one of them learned while serving on the board of directors of a pharmaceutical company. The agency obtained a court order to freeze assets in the U.S. brokerage accounts used to conduct the trading.
The SEC alleges that Juan Cruz Bilbao Hormaeche exploited highly confidential information from CFR Pharmaceuticals S.A. board meetings at which a tender offer by Abbott Laboratories was discussed. In a U.S. brokerage account of which he is the beneficiary, Bilbao caused the purchase of millions of dollars’ worth of American Depositary Shares (ADS) of CFR Pharmaceuticals on the basis of nonpublic information about progressing negotiations between the two companies. Bilbao used Tomás Andrés Hurtado Rourke to place the trades in the brokerage account, and Hurtado also purchased several hundred thousand dollars’ worth of ADS in his own U.S. brokerage account. After Abbott Laboratories publicly announced a definitive agreement to acquire CFR Pharmaceuticals and commenced the tender offer, Bilbao and Hurtado tendered the ADS they purchased. They reaped approximately $10.6 million in illicit profits.
“Bilbao abused his position on a company’s board as he stockpiled ADS on the basis of inside information that a major payday was coming soon on those shares,” said Karen L. Martinez, Director of the SEC’s Salt Lake Regional Office.
The SEC’s complaint filed in U.S. District Court for the Southern District of New York alleges that Bilbao violated Section Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3. The complaint also alleges Hurtado violated Sections 14(e) and 20(e) of the Exchange Act and Rule 14e-3. The complaint seeks disgorgement of ill-gotten gains plus prejudgment interest and financial penalties in addition to permanent injunctions against further violations of these provisions of the securities laws. Bilbao allegedly used an offshore entity to engage in the insider trading, and the SEC seeks to repatriate all illegal profits.
The SEC’s investigation was conducted by William B. McKean and the litigation will be led by Daniel J. Wadley of the Salt Lake Regional Office.
Thursday, January 1, 2015
Wednesday, December 31, 2014
ANOTHER COMPANY PLEADS GUILTY TO PRICE FIXING ON SHIPING SERVICES OF CARS AND TRUCKS
FROM: U.S. JUSTICE DEPARTMENT
Monday, December 29, 2014
Third Company Agrees to Plead Guilty to Price Fixing on Ocean Shipping Services for Cars and Trucks
Company Agrees to Pay $59.4 Million Criminal Fine
Nippon Yusen Kabushiki Kaisha (NYK), a Japanese corporation, has agreed to plead guilty and to pay a $59.4 million criminal fine for its involvement in a conspiracy to fix prices, allocate customers, and rig bids of international ocean shipping services for roll-on, roll-off cargo, such as cars and trucks, to and from the United States and elsewhere, the Department of Justice announced today.
According to a one-count felony charge filed today in U.S. District Court for the District of Maryland in Baltimore, NYK conspired to suppress and eliminate competition by allocating customers and routes, rigging bids and fixing prices for the sale of international ocean shipments of roll-on, roll-off cargo to and from the United States and elsewhere, including the Port of Baltimore. NYK participated in the conspiracy from at least February 1997 until at least September 2012. NYK has agreed to cooperate with the Department’s ongoing antitrust investigation. The plea agreement is subject to court approval. NYK is the third company to agree to plead guilty in this investigation, bringing the total agreed-upon fines to over $135 million.
Roll-on, roll-off cargo is non-containerized cargo that can be both rolled onto and rolled off of an ocean-going vessel. Examples of this cargo include new and used cars and trucks and construction and agricultural equipment.
“This is another step in the effort to restore competition in the ocean shipping industry to the benefit of U.S. consumers,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Including today’s charges, three companies have now agreed to plead guilty to participating in this long-running conspiracy. We are not done. Our investigation is ongoing.”
According to the charge, NYK and its co-conspirators conspired by agreeing on prices, allocating customers, agreeing to refrain from bidding against one another and exchanging customer pricing information. The department said the companies then charged fees in accordance with those agreements for international ocean shipping services for certain roll-on, roll-off cargo to and from the United States and elsewhere at collusive and non-competitive prices.
NYK is charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the international roll-on, roll-off ocean shipping industry, which is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Baltimore Field Office, along with assistance from the U.S. Customs and Border Protection Office of Internal Affairs, Washington Field Office/Special Investigations Unit.
Monday, December 29, 2014
Third Company Agrees to Plead Guilty to Price Fixing on Ocean Shipping Services for Cars and Trucks
Company Agrees to Pay $59.4 Million Criminal Fine
Nippon Yusen Kabushiki Kaisha (NYK), a Japanese corporation, has agreed to plead guilty and to pay a $59.4 million criminal fine for its involvement in a conspiracy to fix prices, allocate customers, and rig bids of international ocean shipping services for roll-on, roll-off cargo, such as cars and trucks, to and from the United States and elsewhere, the Department of Justice announced today.
According to a one-count felony charge filed today in U.S. District Court for the District of Maryland in Baltimore, NYK conspired to suppress and eliminate competition by allocating customers and routes, rigging bids and fixing prices for the sale of international ocean shipments of roll-on, roll-off cargo to and from the United States and elsewhere, including the Port of Baltimore. NYK participated in the conspiracy from at least February 1997 until at least September 2012. NYK has agreed to cooperate with the Department’s ongoing antitrust investigation. The plea agreement is subject to court approval. NYK is the third company to agree to plead guilty in this investigation, bringing the total agreed-upon fines to over $135 million.
Roll-on, roll-off cargo is non-containerized cargo that can be both rolled onto and rolled off of an ocean-going vessel. Examples of this cargo include new and used cars and trucks and construction and agricultural equipment.
“This is another step in the effort to restore competition in the ocean shipping industry to the benefit of U.S. consumers,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Including today’s charges, three companies have now agreed to plead guilty to participating in this long-running conspiracy. We are not done. Our investigation is ongoing.”
According to the charge, NYK and its co-conspirators conspired by agreeing on prices, allocating customers, agreeing to refrain from bidding against one another and exchanging customer pricing information. The department said the companies then charged fees in accordance with those agreements for international ocean shipping services for certain roll-on, roll-off cargo to and from the United States and elsewhere at collusive and non-competitive prices.
NYK is charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the international roll-on, roll-off ocean shipping industry, which is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Baltimore Field Office, along with assistance from the U.S. Customs and Border Protection Office of Internal Affairs, Washington Field Office/Special Investigations Unit.
USA.gov TIPS FOR NEW YEAR'S EVE PARTIES
FROM: USA.gov
If you are hosting a New Year's Eve party, following a few simple rules could prevent a tragedy:
Plan ahead by naming a "designated driver." Make this your responsibility as the host.
Contact a local cab company to provide rides for your guests.
Serve non-alcoholic beverages as an option to your guests.
Stop serving alcohol to your guests several hours before the party ends.
Provide your guests with a place to stay overnight in your home.
If you are attending New Year's Eve parties and celebrations:
If you drink, don't drive.
Plan ahead and always designate a sober driver before the party or celebration begins.
If you are impaired, call a taxi, use mass transit, or get a sober friend or family member to come pick you up.
Or, stay where you are until you are sober.
Take the keys from someone if you think he/she is too impaired to drive.
If you are hosting a New Year's Eve party, following a few simple rules could prevent a tragedy:
Plan ahead by naming a "designated driver." Make this your responsibility as the host.
Contact a local cab company to provide rides for your guests.
Serve non-alcoholic beverages as an option to your guests.
Stop serving alcohol to your guests several hours before the party ends.
Provide your guests with a place to stay overnight in your home.
If you are attending New Year's Eve parties and celebrations:
If you drink, don't drive.
Plan ahead and always designate a sober driver before the party or celebration begins.
If you are impaired, call a taxi, use mass transit, or get a sober friend or family member to come pick you up.
Or, stay where you are until you are sober.
Take the keys from someone if you think he/she is too impaired to drive.
MOST WHO SELECTED 2015 HEALTH PLANS THROUGH HEALTHCARE.GOV ARE GETTING ASSISTANCE TO LOWER PREMIUMS
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
December 30, 2014
87 percent of people who selected 2015 plans through HealthCare.gov in first month of open enrollment are getting financial assistance to lower monthly premiums
A report released by the Department of Health and Human Services today provides the first detailed analysis of enrollment in the Marketplaces for the first month of the 2015 open enrollment period. About 87 percent of people who selected health insurance plans through HealthCare.gov for coverage beginning Jan. 1, 2015 were determined eligible for financial assistance to lower their monthly premiums, compared to 80 percent of enrollees who selected plans over a similar period last year. In addition, more than 4 million people in both the state and federal Marketplaces signed up for the first time or reenrolled in coverage for 2015 during the first month of open enrollment. That includes more than 3.4 million people who selected a plan in the 37 states that are using the HealthCare.gov platform for 2015, and more than 600,000 consumers who selected plans in the 14 states that are operating their own Marketplace platform for 2015.
Today’s report includes data through December 15 for the 37 states using the HealthCare.gov platform, and through December 13 for 12 states and the District of Columbia that are using their own Marketplace platforms. Data for California are through December 14. Data for automatic reenrollments are not yet available in the vast majority of states, so today’s report does not fully capture the number of people who selected plans leading up to the deadline for Jan. 1, 2015 coverage. In particular, the automatic reenrollment process for the 37 states using the HealthCare.gov platform began on December 16 and was completed for the vast majority of consumers on December 18.
HHS also released a Weekly Enrollment Snapshot that captures more recent enrollment activity in the 37 states using the HealthCare.gov platform. The Weekly Snapshot shows that from November 15 to December 26, nearly 6.5 million consumers selected a plan or were automatically reenrolled.
“We’re pleased that nationwide, millions of people signed up for Marketplace coverage starting January 1. The vast majority were able to lower their costs even further by getting tax credits, making a difference in the bottom lines of so many families,” HHS Secretary Sylvia M. Burwell said. “Interest in the Marketplace has been strong during the first month of open enrollment. We still have a ways to go and a lot of work to do before February 15, but this is an encouraging start.”
Detailed findings for HealthCare.gov states through December 15:
More than 3.4 million people selected a plan through December 15 in the 37 states that are using the HealthCare.gov platform for 2015, including Oregon and Nevada. Of those:
87 percent selected a plan with financial assistance compared to 80 percent in the early months of the first open enrollment period.
33 percent were under 35 years of age compared to 29 percent in the early months of the first open enrollment period.
Nearly 1 million consumers selected a plan in the three days leading up to December 15. That is almost one third (28 percent) of total plan selections from November 15 through December 15.
Of the 3.4 million plan selections, 48 percent (1.6 million) reenrolled in a Marketplace plan and 52 percent (1.8 million) signed up for the first time.
The most recent Weekly Enrollment Snapshot with data available through December 26 can be found here.
Detailed findings for the 14 states using state based Marketplace enrollment platforms:
More than 600,000 consumers selected plans in the 14 states that are operating their own Marketplace platform for 2015. That includes:
161,752 Marketplace plan selections in two states reporting only data for new consumers (California and New York);
153,011 Marketplace plan selections in seven states reporting data on new consumers and consumers actively reenrolling in Marketplace coverage (Colorado, District of Columbia, Hawaii, Maryland, Massachusetts, Minnesota, and Rhode Island); and
318,075 Marketplace plan selections in five states reporting data on new enrollees, consumers actively reenrolling in Marketplace coverage, and automatic reenrollees (Connecticut, Idaho, Kentucky, Vermont, and Washington).
The information contained in this report provides the most systematic summary of enrollment-related activity in the Marketplaces to date. Data for the various metrics are counted using comparable definitions for data elements across states and Marketplace types. But because many states extended their plan selection deadlines for January 1 coverage, the report does not include the full count of consumers who will have selected coverage that begins Jan. 1, 2015.
Open Enrollment in the Marketplace runs from Nov. 15, 2014, through Feb. 15, 2015. Consumers should visit HealthCare.gov to review and compare health plan options. Consumers shopping for health insurance coverage should sign up by Jan. 15, 2015, in order to have coverage effective on Feb. 1, 2015. If consumers who were automatically reenrolled decide in the coming weeks that a better plan exists for their families, they can make that change at any time before the end of open enrollment on February 15.
AFGHANISTAN: COMBAT MISSION ENDS BUT, ASSISTANCE CONTINUES
FROM: U.S. DEFENSE DEPARTMENT
℠2014 - U.S. forces will continue to assist counterparts in Afghanistan.
Tuesday, December 30, 2014
U.S. OFFICIAL'S EXPLANATION OF U.S VOTE AT UN ON ISRAELI-PALESTINIAN RESOLUTION .
FROM: U.S. STATE DEPARTMENT
Samantha Power
U.S. Permanent Representative to the United Nations
New York, NY
December 30, 2014
FOR IMMEDIATE RELEASE
Thank you Mr. President,
In recent years, no government has invested more in the effort to achieve Israeli-Palestinian peace than the United States. Peace – however difficult it may be to forge – is too important to give up on. As we were reminded this summer in Gaza, and as we’ve been reminded too painfully recently in Jerusalem and the West Bank, the human consequences of ensuing cycles of violence are too grave. The United States every day searches for new ways to take constructive steps to support the parties in making progress toward achieving a negotiated settlement.
The Security Council resolution put before us today is not one of those constructive steps; it would undermine efforts to get back to an atmosphere that makes it possible to achieve two states for two people.
Regrettably, instead of giving voice to the aspirations of both Palestinians and Israelis, this text addresses the concerns of only one side. It is deeply imbalanced and contains many elements that are not conducive to negotiations between the parties, including unconstructive deadlines that take no account of Israel’s legitimate security concerns. In addition, this resolution was put to a vote without a discussion or due consideration among Council members, which is highly unusual, especially considering the gravity of the matter at hand. We must proceed responsibly, not take actions that would risk a downward spiral.
We voted against this resolution not because we are comfortable with the status quo. We voted against it because we know what everyone here knows, as well – peace will come from hard choices and compromises that must be made at the negotiating table. Today’s staged confrontation in the UN Security Council will not bring the parties closer to achieving a two-state solution.
We voted against this resolution not because we are indifferent to the daily hardships or the security threats endured by Palestinians and Israelis, but because we know that those hardships will not cease and those threats will not subside until the parties reach a comprehensive settlement achieved through negotiations. This resolution sets the stage for more division – not for compromise. It could well serve to provoke the very confrontation it purports to address.
For decades, the United States has worked to try to help achieve a comprehensive end to the Israeli-Palestinian conflict, and we remain committed to achieving the peace that both Palestinians and Israelis deserve: two states for two peoples, with a sovereign, viable, and independent Palestine living side-by-side in peace and security with a Jewish and democratic Israel.
The United States does not just acknowledge the tremendous frustrations and disappointments on both sides over the years in pursuit of peace; we share them. And we understand the immense challenges the parties need to overcome to make peace a reality. Yet at the same time, we firmly believe the status quo between Israelis and Palestinians is unsustainable.
The United States recognizes the role that this Council has played before in advancing a sustainable end to the Israeli-Palestinian conflict, including through resolutions 242, 338, and 1515, which calls for the creation of a Palestinian state alongside Israel, with both states “living side-by-side within secure and recognized borders.” In a May 2011 speech, President Obama elaborated further that “the United States believes that negotiations should result in two states, with permanent Palestinian borders with Israel, Jordan, and Egypt, and permanent Israeli borders with Palestine…based on the 1967 lines with mutually agreed swaps, so that secure and recognized borders are established for both states.” He made clear that the “Palestinian people must have the right to govern themselves, and reach their full potential, in a sovereign and contiguous state.”
The United States will continue reaching out to the parties in an effort to find a way forward, and we are ready to engage and support them when they are ready to return to the table. And we will continue to oppose actions by both sides that we view as detrimental to the cause of peace, whether those actions come in the form of settlement activity or imbalanced draft resolutions in this Council. The parties have a responsibility to negotiate and to own the hard choices that will be needed if they are to bring real and long-overdue change to their region to benefit their people.
Today’s vote should not be interpreted as a victory for an unsustainable status quo. Instead, it should serve as a wake-up call to catalyze all interested parties to take constructive, responsible steps to achieve a two-state solution, which remains the only way to bring an end to the ongoing cycle of violence and suffering. We hope that those who share our vision for peace between two states – Israel and Palestine, both secure, democratic, and prosperous – will join us in redoubling efforts to find a path forward that can rally international consensus, advance future negotiations, and provide a horizon of hope for Palestinians and Israelis alike. Thank you.
Samantha Power
U.S. Permanent Representative to the United Nations
New York, NY
December 30, 2014
FOR IMMEDIATE RELEASE
Thank you Mr. President,
In recent years, no government has invested more in the effort to achieve Israeli-Palestinian peace than the United States. Peace – however difficult it may be to forge – is too important to give up on. As we were reminded this summer in Gaza, and as we’ve been reminded too painfully recently in Jerusalem and the West Bank, the human consequences of ensuing cycles of violence are too grave. The United States every day searches for new ways to take constructive steps to support the parties in making progress toward achieving a negotiated settlement.
The Security Council resolution put before us today is not one of those constructive steps; it would undermine efforts to get back to an atmosphere that makes it possible to achieve two states for two people.
Regrettably, instead of giving voice to the aspirations of both Palestinians and Israelis, this text addresses the concerns of only one side. It is deeply imbalanced and contains many elements that are not conducive to negotiations between the parties, including unconstructive deadlines that take no account of Israel’s legitimate security concerns. In addition, this resolution was put to a vote without a discussion or due consideration among Council members, which is highly unusual, especially considering the gravity of the matter at hand. We must proceed responsibly, not take actions that would risk a downward spiral.
We voted against this resolution not because we are comfortable with the status quo. We voted against it because we know what everyone here knows, as well – peace will come from hard choices and compromises that must be made at the negotiating table. Today’s staged confrontation in the UN Security Council will not bring the parties closer to achieving a two-state solution.
We voted against this resolution not because we are indifferent to the daily hardships or the security threats endured by Palestinians and Israelis, but because we know that those hardships will not cease and those threats will not subside until the parties reach a comprehensive settlement achieved through negotiations. This resolution sets the stage for more division – not for compromise. It could well serve to provoke the very confrontation it purports to address.
For decades, the United States has worked to try to help achieve a comprehensive end to the Israeli-Palestinian conflict, and we remain committed to achieving the peace that both Palestinians and Israelis deserve: two states for two peoples, with a sovereign, viable, and independent Palestine living side-by-side in peace and security with a Jewish and democratic Israel.
The United States does not just acknowledge the tremendous frustrations and disappointments on both sides over the years in pursuit of peace; we share them. And we understand the immense challenges the parties need to overcome to make peace a reality. Yet at the same time, we firmly believe the status quo between Israelis and Palestinians is unsustainable.
The United States recognizes the role that this Council has played before in advancing a sustainable end to the Israeli-Palestinian conflict, including through resolutions 242, 338, and 1515, which calls for the creation of a Palestinian state alongside Israel, with both states “living side-by-side within secure and recognized borders.” In a May 2011 speech, President Obama elaborated further that “the United States believes that negotiations should result in two states, with permanent Palestinian borders with Israel, Jordan, and Egypt, and permanent Israeli borders with Palestine…based on the 1967 lines with mutually agreed swaps, so that secure and recognized borders are established for both states.” He made clear that the “Palestinian people must have the right to govern themselves, and reach their full potential, in a sovereign and contiguous state.”
The United States will continue reaching out to the parties in an effort to find a way forward, and we are ready to engage and support them when they are ready to return to the table. And we will continue to oppose actions by both sides that we view as detrimental to the cause of peace, whether those actions come in the form of settlement activity or imbalanced draft resolutions in this Council. The parties have a responsibility to negotiate and to own the hard choices that will be needed if they are to bring real and long-overdue change to their region to benefit their people.
Today’s vote should not be interpreted as a victory for an unsustainable status quo. Instead, it should serve as a wake-up call to catalyze all interested parties to take constructive, responsible steps to achieve a two-state solution, which remains the only way to bring an end to the ongoing cycle of violence and suffering. We hope that those who share our vision for peace between two states – Israel and Palestine, both secure, democratic, and prosperous – will join us in redoubling efforts to find a path forward that can rally international consensus, advance future negotiations, and provide a horizon of hope for Palestinians and Israelis alike. Thank you.
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