FROM: U.S. FEDERAL TRADE COMMISSION
Company That Touted Products’ Ability to Treat Children’s Speech Disorders Settles FTC Charges It Deceived Consumers
An Illinois company and its owner will stop making allegedly deceptive claims that their dietary supplements are proven effective at treating childhood speech disorders, including those associated with autism, in order to settle Federal Trade Commission charges. Under the FTC settlement, the defendants also will pay $200,000 and are required to disclose any material connections with their endorsers.
“Parents of children with speech disorders need accurate information about products that may be able to help,” said Jessica Rich, Director of the Bureau of Consumer Protection. “This company took advantage of parents’ trust.”
Since at least 2008, NourishLife, LLC and its owner, Mark Nottoli, have sold Speak softgels and capsules and Speak Smooth liquid children’s supplements online and through a network of distributors for more than $70 per bottle. The supplements -- which contain Omega-3 and Omega-6 fatty acids and Vitamins E and K -- were advertised via the Internet, including search engine ads such as Google sponsored links and on websites, and at conferences on autism spectrum disorders.
For example, a Google sponsored link for Speak products, which could display if consumers searched on the term “toddler speech problems,” contained the statement, “Healthy Speech for Child – SpeechNutrients speak Supplement” and linked to a web page claiming the supplements were developed by a pediatrician to support “normal and healthy speech development and maintenance.” That web page also included a statement from a parent endorsing the product, who said “[my daughter] is speaking in more complex sentences and she is less gittery [sic], more focused.” Other statements from parent endorsers appeared in product brochures and on speechnutrients.com, such as:
“Speak vitamins have made my little boy talk. He is five years old and has not spoken until I began giving him the vitamins.”
“We were really amazed when Ben started singing along with a song on the radio . . . . and he was singing 3+ word phrases, not just one word here & there.”
According to the FTC’s complaint,between 2008 and late 2013, ads for Speak products made unsupported claims that the supplements develop and maintain normal, healthy speech and language capabilities in children, including those with verbal apraxia -- a motor speech disorder affecting the ability to utter sounds, syllables, and words.
These ads, the complaint asserts, also falsely claimed that Speak products are scientifically proven to improve children’s speech. In addition, the complaint charges that ads for Speak products deceptively claimed that the supplements are effective in treating or mitigating verbal apraxia and communication and behavioral difficulties in children with an autism spectrum disorder.
The FTC’s complaint also charges that the defendants provided promotional materials making these false and deceptive claims for Speak products to third-party distributors that sold the supplements.
In addition, the FTC’s complaint charges that the defendants misrepresented a website called apraxiaresearch.com, which they owned and operated, to be an independent resource for research and other information relating to the treatment of apraxia. In fact, according to the FTC’s complaint, that website advertised the health benefits of defendants’ Speak products. The complaint also asserts that the defendants failed to disclose their affiliation with the Apraxia Research website and with parent endorsers of Speak products who received free supplements.
The proposed order settling the FTC’s charges would prohibit NourishLife and Nottoli from making false or unsubstantiated claims about the effectiveness of any dietary supplement, food, or drug, including but not limited to their Speak products. The proposed order also would bar the defendants from providing third-party distributors with deceptive marketing materials or otherwise providing others with the means to make these prohibited claims.
In addition, it would prohibit the defendants from misrepresenting the independence of any website or other publication that advertises their products, and would require them to clearly and prominently disclose any material connections to any such website or publication, or to any person endorsing their products.
The proposed order imposes a judgment of $3.68 million, which will be partially suspended – based on the defendants’ inability to pay -- after they pay $200,000.
The Commission vote approving the complaint and proposed final order was 5-0. The complaint was filed in the U.S. District Court for the Northern District of Illinois, Eastern Division, on January 7, 2015. A motion for the court to enter the proposed final order was filed on January 9, 2015. The case is part of the FTC’s work to challenge false and deceptive claims about cognitive products for adults and children.
Information for Consumers
When it comes to treatments for health and fitness, it can be tough to tell useful products and services from those that don’t work or aren’t safe. For more information, see the FTC’s guidance on Treatments & Cures.
The FTC is a member of the National Prevention Council, which provides coordination and leadership at the federal level regarding prevention, wellness, and health promotion practices. This case advances the National Prevention Strategy’s goal of increasing the number of Americans who are healthy at every stage of life.
NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. Stipulated orders have the force of law when approved and signed by the District Court judge.
Wednesday, January 14, 2015
COUNTERFEIT DVD SUPPLIER TO SERVE 21 MONTHS IN PRISON
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, Januay 13, 2015
Counterfeit DVD Movie Supplier Sentenced to Federal Prison
A Brooklyn man was sentenced yesterday in Honolulu for his involvement in a counterfeit DVD movie ring, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Florence T. Nakakuni of the District of Hawaii.
Yakov Meir Chazanow, 41, was sentenced yesterday by U.S. District Judge Leslie E. Kobayashi of the District of Hawaii to serve 21 months in prison for conspiring to commit criminal copyright infringement, manufacturing counterfeit goods and to traffic in goods bearing counterfeit Dolby trademarks and counterfeit labels.
According to the evidence set forth in the record and at sentencing, from 2004 to 2011, Chazanow supplied over 30,000 high-quality pirated DVDs containing infringing copies of copyright-protected Asian action movies and corresponding counterfeit labels and packaging. He then distributed them to co-conspirators, who in turn sold them to consumers in stores and online.
Chazanow, Sharon Josef and Jeffrey Alan Stockton were all charged in June 2013, and Stockton pleaded guilty to the charged conspiracy and two counts of trafficking in counterfeit labels on Sept. 19, 2013. On Feb. 3, 2014, Chazanow pleaded guilty to the above charges, and Josef pleaded guilty to misdemeanor copyright infringement. On May 12, 2014, the court sentenced Stockton to 21 months in prison, ordered him to pay restitution of $150, and entered a preliminary order directing Stockton to forfeit $250,000 in illegal proceeds, $32,154 in U.S. currency, a 2003 Toyota Tundra, 29 gold bars, 62 gold coins, six palladium coins and five silver coins. Josef, who supplied pirated DVDs from 2011 to 2012, was sentenced yesterday to serve four months in prison.
The case was investigated by Immigration and Customs Enforcement’s Homeland Security Investigations. Assistance was provided by the Motion Picture Association of America, Dolby Laboratories, Inc. and DVD Format/Logo Licensing Corporation. The case was prosecuted by Assistant Deputy Chief for Litigation John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Andrea W. Hattan and Leslie E. Osborne, Jr. of the District of Hawaii.
Tuesday, Januay 13, 2015
Counterfeit DVD Movie Supplier Sentenced to Federal Prison
A Brooklyn man was sentenced yesterday in Honolulu for his involvement in a counterfeit DVD movie ring, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Florence T. Nakakuni of the District of Hawaii.
Yakov Meir Chazanow, 41, was sentenced yesterday by U.S. District Judge Leslie E. Kobayashi of the District of Hawaii to serve 21 months in prison for conspiring to commit criminal copyright infringement, manufacturing counterfeit goods and to traffic in goods bearing counterfeit Dolby trademarks and counterfeit labels.
According to the evidence set forth in the record and at sentencing, from 2004 to 2011, Chazanow supplied over 30,000 high-quality pirated DVDs containing infringing copies of copyright-protected Asian action movies and corresponding counterfeit labels and packaging. He then distributed them to co-conspirators, who in turn sold them to consumers in stores and online.
Chazanow, Sharon Josef and Jeffrey Alan Stockton were all charged in June 2013, and Stockton pleaded guilty to the charged conspiracy and two counts of trafficking in counterfeit labels on Sept. 19, 2013. On Feb. 3, 2014, Chazanow pleaded guilty to the above charges, and Josef pleaded guilty to misdemeanor copyright infringement. On May 12, 2014, the court sentenced Stockton to 21 months in prison, ordered him to pay restitution of $150, and entered a preliminary order directing Stockton to forfeit $250,000 in illegal proceeds, $32,154 in U.S. currency, a 2003 Toyota Tundra, 29 gold bars, 62 gold coins, six palladium coins and five silver coins. Josef, who supplied pirated DVDs from 2011 to 2012, was sentenced yesterday to serve four months in prison.
The case was investigated by Immigration and Customs Enforcement’s Homeland Security Investigations. Assistance was provided by the Motion Picture Association of America, Dolby Laboratories, Inc. and DVD Format/Logo Licensing Corporation. The case was prosecuted by Assistant Deputy Chief for Litigation John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Andrea W. Hattan and Leslie E. Osborne, Jr. of the District of Hawaii.
SCIENTISTS FIND CONSEQUENCES FOR DISEASE REMEDIES
FROM: THE NATIONAL SCIENCE FOUNDATION
Treatment for parasitic worms helps animals survive infectious diseases--and spread them
Scientists discover unanticipated consequences of some disease remedies
Parasitic worms, which infect millions of people and other animals around the world, influence how the immune system responds to diseases like HIV and tuberculosis.
In a new study of African buffalo, University of Georgia (UGA) ecologist Vanessa Ezenwa has found that de-worming drastically improves an animal's chances of surviving bovine tuberculosis--but with the consequence of increasing the spread of TB in the population.
"Health interventions can sometimes have unexpected and unwelcome outcomes," said Sam Scheiner, National Science Foundation (NSF) director for the Ecology and Evolution of Infectious Diseases (EEID) program, which funded the research. NSF, the National Institutes of Health and the U.S. Department of Agriculture support the EEID program.
"By examining such outcomes, we can design better intervention strategies for infectious diseases."
The findings, published this week in the journal Science, have implications for human health.
"If you think about humans in this context, this is what we'd like to do--to figure out how to help people who get infected by something live longer and be less sick," Ezenwa said. "But here we found that doing exactly that can have unanticipated consequences."
Testing buffalo for parasitic worms
Ezenwa and co-author Anna Jolles of Oregon State University conducted the research in South Africa's Kruger National Park.
In 2008, with the assistance of the park's Veterinary Wildlife Services Department, they captured 216 African buffalo and tested them for parasitic worms, known as helminths, and for bovine TB.
Half the buffalo received treatment for helminths; the rest were left untreated as a control group.
For the next four years, the scientists recaptured and retested each buffalo approximately once every six months.
They found that animals treated for worms were nine times more likely to survive TB infections than untreated animals; with the worms gone, their immune systems were able to mount a stronger defense against TB.
According to Ezenwa, this finding confirmed predictions about the effects of worms on the immune system based on an earlier study of TB and helminth infections in African buffalo.
"We'd done a one-off, short-term experiment to see if we could replicate, in this wild animal, the immunological results seen in laboratory experiments treating helminths in mice," she said. "That led to this larger experiment in a much bigger population over a longer time."
Treatment not always a plus
Ezenwa said that the previous work also suggested that treatment would reduce the rate at which individuals acquire TB infection and therefore the TB transmission rate.
"We expected it would be a net positive for the individual and for the population," she said. "But in fact when you carry out an experiment at this larger scale, in a real population, you see it's not all positive outcomes."
The improved survival rate allows infected buffalo to continue to spread TB within the herd, Ezenwa said.
Since they still get infected at the same rate there is an unexpected negative result for the population as a whole.
"Because coinfection is such a complicated area, laboratory studies are really essential in telling us about the detailed mechanisms of how immunological interactions work," she said.
"But we will never understand the real implications if all the work concentrates in the lab."
Need to look at similar animals to humans
Ezenwa said that in order to address human infectious disease problems, researchers need to also look at coinfection in populations that bear more similarity to humans.
"African buffalo are long-lived, they're in the wild in social groups, they're genetically variable--that's a little bit closer to people than laboratory mice, which have the same genetic background and live under artificial conditions," she said.
And understanding bovine TB-helminth coinfection in African buffalo is particularly relevant for human health because helminths are known to influence human immune responses to TB.
"The number of human cases of bovine TB worldwide is unknown, but where it's studied, it appears to be a substantial fraction of the total," said Frederick Quinn, head of the UGA Department of Infectious Diseases in the College of Veterinary Medicine.
"It's also unknown if bovine TB bacteria transmit more efficiently than other TB bacteria, what traits this pathogen possesses that allow infection of so many different species of mammals, and what happens when the host is co-infected with parasites or HIV.
"This work is a tremendous start in answering some of the fundamental questions about this disease and how best to control it in humans and other animals."
-NSF-
Media Contacts
Cheryl Dybas, NSF
Treatment for parasitic worms helps animals survive infectious diseases--and spread them
Scientists discover unanticipated consequences of some disease remedies
Parasitic worms, which infect millions of people and other animals around the world, influence how the immune system responds to diseases like HIV and tuberculosis.
In a new study of African buffalo, University of Georgia (UGA) ecologist Vanessa Ezenwa has found that de-worming drastically improves an animal's chances of surviving bovine tuberculosis--but with the consequence of increasing the spread of TB in the population.
"Health interventions can sometimes have unexpected and unwelcome outcomes," said Sam Scheiner, National Science Foundation (NSF) director for the Ecology and Evolution of Infectious Diseases (EEID) program, which funded the research. NSF, the National Institutes of Health and the U.S. Department of Agriculture support the EEID program.
"By examining such outcomes, we can design better intervention strategies for infectious diseases."
The findings, published this week in the journal Science, have implications for human health.
"If you think about humans in this context, this is what we'd like to do--to figure out how to help people who get infected by something live longer and be less sick," Ezenwa said. "But here we found that doing exactly that can have unanticipated consequences."
Testing buffalo for parasitic worms
Ezenwa and co-author Anna Jolles of Oregon State University conducted the research in South Africa's Kruger National Park.
In 2008, with the assistance of the park's Veterinary Wildlife Services Department, they captured 216 African buffalo and tested them for parasitic worms, known as helminths, and for bovine TB.
Half the buffalo received treatment for helminths; the rest were left untreated as a control group.
For the next four years, the scientists recaptured and retested each buffalo approximately once every six months.
They found that animals treated for worms were nine times more likely to survive TB infections than untreated animals; with the worms gone, their immune systems were able to mount a stronger defense against TB.
According to Ezenwa, this finding confirmed predictions about the effects of worms on the immune system based on an earlier study of TB and helminth infections in African buffalo.
"We'd done a one-off, short-term experiment to see if we could replicate, in this wild animal, the immunological results seen in laboratory experiments treating helminths in mice," she said. "That led to this larger experiment in a much bigger population over a longer time."
Treatment not always a plus
Ezenwa said that the previous work also suggested that treatment would reduce the rate at which individuals acquire TB infection and therefore the TB transmission rate.
"We expected it would be a net positive for the individual and for the population," she said. "But in fact when you carry out an experiment at this larger scale, in a real population, you see it's not all positive outcomes."
The improved survival rate allows infected buffalo to continue to spread TB within the herd, Ezenwa said.
Since they still get infected at the same rate there is an unexpected negative result for the population as a whole.
"Because coinfection is such a complicated area, laboratory studies are really essential in telling us about the detailed mechanisms of how immunological interactions work," she said.
"But we will never understand the real implications if all the work concentrates in the lab."
Need to look at similar animals to humans
Ezenwa said that in order to address human infectious disease problems, researchers need to also look at coinfection in populations that bear more similarity to humans.
"African buffalo are long-lived, they're in the wild in social groups, they're genetically variable--that's a little bit closer to people than laboratory mice, which have the same genetic background and live under artificial conditions," she said.
And understanding bovine TB-helminth coinfection in African buffalo is particularly relevant for human health because helminths are known to influence human immune responses to TB.
"The number of human cases of bovine TB worldwide is unknown, but where it's studied, it appears to be a substantial fraction of the total," said Frederick Quinn, head of the UGA Department of Infectious Diseases in the College of Veterinary Medicine.
"It's also unknown if bovine TB bacteria transmit more efficiently than other TB bacteria, what traits this pathogen possesses that allow infection of so many different species of mammals, and what happens when the host is co-infected with parasites or HIV.
"This work is a tremendous start in answering some of the fundamental questions about this disease and how best to control it in humans and other animals."
-NSF-
Media Contacts
Cheryl Dybas, NSF
MAN SENTENCED FOR ROLE IN ILLEGAL IMPORTATION AND TRAFFICKING IN NARWHAL TUSKS
FROM: U.S. JUSTICE DEPARTMENT
Monday, January 12, 2015
New Jersey Man Sentenced to 33 Months in Prison for Trafficking in Illegally-Imported Narwhal Tusks and Money Laundering
Andrew J. Zarauskas, a New Jersey resident, was sentenced to 33 months in prison for illegally importing and trafficking in narwhal tusks and associated money laundering crimes, announced Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division. Zarauskas was also ordered to forfeit $85,089, six narwhal tusks and one narwhal skull. In addition, Zarauskas was ordered to pay a fine of $7,500. His prison sentence will be followed by three years of supervised release.
On Feb. 14, 2014, a federal jury in Bangor, Maine, convicted Zarauskas on six counts, including conspiracy, smuggling violations for buying and illegally importing narwhal tusks into the United States and money laundering violations associated with the illegal importations. The market value of the teeth and tusks illegally imported by Zarauskas was determined to be between $120,000 and $200,000.
Narwhals are listed as “threatened” under the Endangered Species Act (ESA) and are covered by the international Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of the narwhal into the United States without a permit and without declaring the parts at the time of importation to U.S. Customs and Border Protection and the U.S. Fish and Wildlife Service.
“The Justice Department is committed to the fight to save the world’s protected wildlife species, many of which are under sustained attack by poachers and wildlife traffickers,” said Assistant Attorney General Cruden. “We are particularly grateful to our federal and Canadian law enforcement partners for unraveling this scheme to traffic in narwhal tusks and for bringing Zarauskas and his co-conspirators to justice.”
“The significant penalties imposed today for Mr. Zarauskas send a powerful message to any individual that decides to engage in the trade of illegal wildlife,” said Deputy Assistant Director for Law Enforcement Edward Grace of the U.S. Fish and Wildlife Service. “We will continue to work closely with our international, federal and state partners to root out those individuals who exploit protected wildlife species for their own financial gain.”
“This is yet another case where dedicated investigators helped stop an international smuggling ring attempting to profit from the illegal exploitation and trade of vulnerable and threatened marine species,” said Assistant Administrator Eileen Sobeck for National Oceanic and Atmospheric Administration (NOAA) Fisheries. “NOAA will continue to work in collaboration with our international, federal and state law enforcement partners to make sure marine resources are protected now and into the future.”
According to the evidence presented a trial, Zarauskas purchased approximately 33 narwhal tusks over nearly six years from two Canadian co-defendants. The Canadian co-defendants purchased the narwhal tusks in Canada and subsequently brought them into the United States illegally by concealing the narwhal tusks either under their truck or under a utility trailer and not declaring the wildlife to border officials as required. Once in the United States, a Canadian co-defendant shipped the narwhal tusks to Zarauskas from Bangor, Maine. Zarauskas knew that the co-defendants lived in Canada and had illegally imported the narwhal tusks into the United States.
The case was investigated by agents from the Law Enforcement Offices of NOAA, U.S. Fish and Wildlife Service, and Environment Canada. The case was prosecuted by Trial Attorneys Todd S. Mikolop and James B. Nelson of the Department of Justice’s Environmental Crimes Section.
Monday, January 12, 2015
New Jersey Man Sentenced to 33 Months in Prison for Trafficking in Illegally-Imported Narwhal Tusks and Money Laundering
Andrew J. Zarauskas, a New Jersey resident, was sentenced to 33 months in prison for illegally importing and trafficking in narwhal tusks and associated money laundering crimes, announced Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division. Zarauskas was also ordered to forfeit $85,089, six narwhal tusks and one narwhal skull. In addition, Zarauskas was ordered to pay a fine of $7,500. His prison sentence will be followed by three years of supervised release.
On Feb. 14, 2014, a federal jury in Bangor, Maine, convicted Zarauskas on six counts, including conspiracy, smuggling violations for buying and illegally importing narwhal tusks into the United States and money laundering violations associated with the illegal importations. The market value of the teeth and tusks illegally imported by Zarauskas was determined to be between $120,000 and $200,000.
Narwhals are listed as “threatened” under the Endangered Species Act (ESA) and are covered by the international Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of the narwhal into the United States without a permit and without declaring the parts at the time of importation to U.S. Customs and Border Protection and the U.S. Fish and Wildlife Service.
“The Justice Department is committed to the fight to save the world’s protected wildlife species, many of which are under sustained attack by poachers and wildlife traffickers,” said Assistant Attorney General Cruden. “We are particularly grateful to our federal and Canadian law enforcement partners for unraveling this scheme to traffic in narwhal tusks and for bringing Zarauskas and his co-conspirators to justice.”
“The significant penalties imposed today for Mr. Zarauskas send a powerful message to any individual that decides to engage in the trade of illegal wildlife,” said Deputy Assistant Director for Law Enforcement Edward Grace of the U.S. Fish and Wildlife Service. “We will continue to work closely with our international, federal and state partners to root out those individuals who exploit protected wildlife species for their own financial gain.”
“This is yet another case where dedicated investigators helped stop an international smuggling ring attempting to profit from the illegal exploitation and trade of vulnerable and threatened marine species,” said Assistant Administrator Eileen Sobeck for National Oceanic and Atmospheric Administration (NOAA) Fisheries. “NOAA will continue to work in collaboration with our international, federal and state law enforcement partners to make sure marine resources are protected now and into the future.”
According to the evidence presented a trial, Zarauskas purchased approximately 33 narwhal tusks over nearly six years from two Canadian co-defendants. The Canadian co-defendants purchased the narwhal tusks in Canada and subsequently brought them into the United States illegally by concealing the narwhal tusks either under their truck or under a utility trailer and not declaring the wildlife to border officials as required. Once in the United States, a Canadian co-defendant shipped the narwhal tusks to Zarauskas from Bangor, Maine. Zarauskas knew that the co-defendants lived in Canada and had illegally imported the narwhal tusks into the United States.
The case was investigated by agents from the Law Enforcement Offices of NOAA, U.S. Fish and Wildlife Service, and Environment Canada. The case was prosecuted by Trial Attorneys Todd S. Mikolop and James B. Nelson of the Department of Justice’s Environmental Crimes Section.
Tuesday, January 13, 2015
WHITE HOUSE READOUT: PRESIDENT OBAMA'S MEETING WITH CONGRESSIONAL LEADERSHIP
FROM: THE WHITE HOUSE
January 13, 2015
Readout of the President’s Meeting with Members of the Congressional Leadership
This morning, the President and the Vice President hosted the bipartisan, bicameral leadership of Congress in the Cabinet Room. The leaders discussed a wide range of issues, and the President highlighted areas where Republicans and Democrats can work together to protect our national security and continue the progress we have seen in the economy. The President underscored there are priorities that rise above politics – including keeping Americans safe by promptly and fully funding the Department of Homeland Security without delay so the men and women working there can operate with the confidence they need, and working together to pass legislation to combat the cyber security threats we face. The President committed to working with members of both parties on text for an AUMF that Congress can pass to show the world America stands united against ISIL. The President also underscored the importance of our diplomatic efforts aimed at preventing Iran from obtaining a nuclear weapon, reiterating his strong opposition to additional sanctions legislation that could derail the negotiations and isolate the United States from our international coalition. Coming off the strongest year for private-sector job growth since the 1990s, the President asked that leaders from both parties work together to build on our growth. The President looks forward to working with Congress to make progress for the middle class, and ensure every American feels like they’re part of their country’s comeback.
January 13, 2015
Readout of the President’s Meeting with Members of the Congressional Leadership
This morning, the President and the Vice President hosted the bipartisan, bicameral leadership of Congress in the Cabinet Room. The leaders discussed a wide range of issues, and the President highlighted areas where Republicans and Democrats can work together to protect our national security and continue the progress we have seen in the economy. The President underscored there are priorities that rise above politics – including keeping Americans safe by promptly and fully funding the Department of Homeland Security without delay so the men and women working there can operate with the confidence they need, and working together to pass legislation to combat the cyber security threats we face. The President committed to working with members of both parties on text for an AUMF that Congress can pass to show the world America stands united against ISIL. The President also underscored the importance of our diplomatic efforts aimed at preventing Iran from obtaining a nuclear weapon, reiterating his strong opposition to additional sanctions legislation that could derail the negotiations and isolate the United States from our international coalition. Coming off the strongest year for private-sector job growth since the 1990s, the President asked that leaders from both parties work together to build on our growth. The President looks forward to working with Congress to make progress for the middle class, and ensure every American feels like they’re part of their country’s comeback.
SEC ANNOUNCES IT'S 2015 EXAMINATION PRIORITIES
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
SEC Announces 2015 Examination Priorities
The Securities and Exchange Commission today announced its Office of Compliance Inspections and Examinations’ (OCIE) priorities for 2015 which focus on three areas: protecting retail investors, especially those saving for or in retirement; assessing market-wide risks; and using data analytics to identify signs of potential illegal activity.
“Our examination program collects information for the Commission on a range of important trends, issues, and risks,” said SEC Chair Mary Jo White. “OCIE helps us to maintain a strong presence with SEC registrants and to make a positive impact for the benefit of investors and our markets.”
“We share our annual examination priorities to promote compliance,” said Andrew J. Bowden, OCIE’s Director. “We have observed that when we share our areas of focus, many industry participants independently review their controls in the areas we have identified.”
The 2015 examination priorities address issues across a variety of financial institutions, including investment advisers, investment companies, broker-dealers, transfer agents, clearing agencies, and national securities exchanges. Areas of examination include:
Retail Investors – Retail investors are being offered products and services that were formerly characterized as alternative or institutional, including private funds, illiquid investments, and structured products. Additionally, financial services firms are offering a broad array of information, advice, products, and services to help retail investors plan for and live in retirement. OCIE will assess risks to retail investors that can arise from these trends.
Market-Wide Risks – OCIE will examine for structural risks and trends that involve multiple firms or entire industries, including: monitoring large broker-dealers and asset managers in coordination with the SEC’s policy divisions, conducting annual examinations of clearing agencies as required by the Dodd-Frank Act, assessing cybersecurity controls across a range of industry participants, and examining broker-dealers’ compliance with best execution duties in routing equity order flow.
Data Analytics – Over the last several years, OCIE has made significant enhancements that enable exam staff to analyze large amounts of data efficiently and effectively. OCIE will use these capabilities to focus on registrants and registered representatives that appear to be potentially engaged in illegal activity.
The published priorities for 2015 are not exhaustive and may be adjusted in light of market conditions, industry developments, and ongoing risk assessment activities. OCIE selected the priorities in consultation with the Commission, the SEC’s policy divisions and regional offices, the enforcement division, the SEC’s Investor Advocate, and other regulators.
SEC Announces 2015 Examination Priorities
The Securities and Exchange Commission today announced its Office of Compliance Inspections and Examinations’ (OCIE) priorities for 2015 which focus on three areas: protecting retail investors, especially those saving for or in retirement; assessing market-wide risks; and using data analytics to identify signs of potential illegal activity.
“Our examination program collects information for the Commission on a range of important trends, issues, and risks,” said SEC Chair Mary Jo White. “OCIE helps us to maintain a strong presence with SEC registrants and to make a positive impact for the benefit of investors and our markets.”
“We share our annual examination priorities to promote compliance,” said Andrew J. Bowden, OCIE’s Director. “We have observed that when we share our areas of focus, many industry participants independently review their controls in the areas we have identified.”
The 2015 examination priorities address issues across a variety of financial institutions, including investment advisers, investment companies, broker-dealers, transfer agents, clearing agencies, and national securities exchanges. Areas of examination include:
Retail Investors – Retail investors are being offered products and services that were formerly characterized as alternative or institutional, including private funds, illiquid investments, and structured products. Additionally, financial services firms are offering a broad array of information, advice, products, and services to help retail investors plan for and live in retirement. OCIE will assess risks to retail investors that can arise from these trends.
Market-Wide Risks – OCIE will examine for structural risks and trends that involve multiple firms or entire industries, including: monitoring large broker-dealers and asset managers in coordination with the SEC’s policy divisions, conducting annual examinations of clearing agencies as required by the Dodd-Frank Act, assessing cybersecurity controls across a range of industry participants, and examining broker-dealers’ compliance with best execution duties in routing equity order flow.
Data Analytics – Over the last several years, OCIE has made significant enhancements that enable exam staff to analyze large amounts of data efficiently and effectively. OCIE will use these capabilities to focus on registrants and registered representatives that appear to be potentially engaged in illegal activity.
The published priorities for 2015 are not exhaustive and may be adjusted in light of market conditions, industry developments, and ongoing risk assessment activities. OCIE selected the priorities in consultation with the Commission, the SEC’s policy divisions and regional offices, the enforcement division, the SEC’s Investor Advocate, and other regulators.
CHAIRMAN JOINT CHIEFS SAYS CREDIBILITY PROBLEM WILL CAUSE COLLAPSE OF ISIL
FROM: U.S. DEFENSE DEPARTMENT
Dempsey: Lack of Credibility Will Aid Terrorist Group ISIL’s Collapse
By Amaani Lyle
DoD News, Defense Media Activity
WASHINGTON, Jan. 11, 2015 – Though U.S. and coalition airstrikes are destroying facilities and equipment controlled by the Islamic State of Iraq and the Levant, the terrorist group ultimately will fail because the people it’s trying to control will reject its ideology, the chairman of the Joint Chiefs of Staff said in an interview broadcast today.
Appearing on “Fox News Sunday With Chris Wallace,” Army Gen. Martin E. Dempsey noted that the new Iraqi government is reaching out to Iraq’s Sunni tribes and has made inroads in the strategic effort against ISIL.
“A group that embraces such a radical ideology has to maintain momentum in order to succeed, in order to maintain its credibility with the very people it's trying to influence,” Dempsey said.
ISIL’s Fate is Inevitable
Tactically, U.S. and allies forces have destroyed ISIL equipment, reversed some of its territorial gains and affected the terror group’s leadership, command and control and logistics, the chairman noted. But the fate of the terrorist regime is inevitable, he added, simply because people won’t accept it.
“It will collapse under its own contradictions, frankly, when the populations in which it tries to maneuver realize that ideology is not to their future benefit,” Dempsey said.
Though military efforts get the most attention, the chairman said, strides other areas such as in countering ISIL’s financing and messaging may be more important in thwarting the organization, Dempsey noted.
Campaign in Iraq Will Take Time
The campaign in Iraq will take time, Dempsey said, pointing out that U.S. and coalition forces are enabling the Iraqi government’s strategy. “It's not our strategy,” he said. “And I'm telling you, that is an extraordinarily important distinction.”
Before it can mount its own offensive against ISIL, the chairman explained, the Iraqi government, with the help of trainers and advisors, must accumulate the appropriate level of force and have it followed by reconstruction and humanitarian relief so the government is providing real governance and not simply security. This, he added, could take months.
Syrian Opposition Under Pressure
Meanwhile, in Syria, the opposition to Bashar Assad’s regime is under “enormous pressure,” particularly in the north, Dempsey, said. That region brings the greatest concern in regard to the ability to attract, recruit and vet a moderate opposition, he added.
“And Iraq, because we have a credible partner there, is the most important thing for us right now,” Dempsey said, “while maintaining pressure through disruptive airstrikes inside of what was a safe haven in Syria.
“As that issue evolves in Iraq, we will then adapt the campaign,” he continued. “And in the meantime, we're trying to build a credible partner on the ground in Syria … to take advantage of airstrikes should we ever turn our attention elsewhere. So it's really about a bit of choreography to get this right and not find ourselves potentially doing more harm if we create vacuums and voids and greater instability in the region.”
Dempsey: Lack of Credibility Will Aid Terrorist Group ISIL’s Collapse
By Amaani Lyle
DoD News, Defense Media Activity
WASHINGTON, Jan. 11, 2015 – Though U.S. and coalition airstrikes are destroying facilities and equipment controlled by the Islamic State of Iraq and the Levant, the terrorist group ultimately will fail because the people it’s trying to control will reject its ideology, the chairman of the Joint Chiefs of Staff said in an interview broadcast today.
Appearing on “Fox News Sunday With Chris Wallace,” Army Gen. Martin E. Dempsey noted that the new Iraqi government is reaching out to Iraq’s Sunni tribes and has made inroads in the strategic effort against ISIL.
“A group that embraces such a radical ideology has to maintain momentum in order to succeed, in order to maintain its credibility with the very people it's trying to influence,” Dempsey said.
ISIL’s Fate is Inevitable
Tactically, U.S. and allies forces have destroyed ISIL equipment, reversed some of its territorial gains and affected the terror group’s leadership, command and control and logistics, the chairman noted. But the fate of the terrorist regime is inevitable, he added, simply because people won’t accept it.
“It will collapse under its own contradictions, frankly, when the populations in which it tries to maneuver realize that ideology is not to their future benefit,” Dempsey said.
Though military efforts get the most attention, the chairman said, strides other areas such as in countering ISIL’s financing and messaging may be more important in thwarting the organization, Dempsey noted.
Campaign in Iraq Will Take Time
The campaign in Iraq will take time, Dempsey said, pointing out that U.S. and coalition forces are enabling the Iraqi government’s strategy. “It's not our strategy,” he said. “And I'm telling you, that is an extraordinarily important distinction.”
Before it can mount its own offensive against ISIL, the chairman explained, the Iraqi government, with the help of trainers and advisors, must accumulate the appropriate level of force and have it followed by reconstruction and humanitarian relief so the government is providing real governance and not simply security. This, he added, could take months.
Syrian Opposition Under Pressure
Meanwhile, in Syria, the opposition to Bashar Assad’s regime is under “enormous pressure,” particularly in the north, Dempsey, said. That region brings the greatest concern in regard to the ability to attract, recruit and vet a moderate opposition, he added.
“And Iraq, because we have a credible partner there, is the most important thing for us right now,” Dempsey said, “while maintaining pressure through disruptive airstrikes inside of what was a safe haven in Syria.
“As that issue evolves in Iraq, we will then adapt the campaign,” he continued. “And in the meantime, we're trying to build a credible partner on the ground in Syria … to take advantage of airstrikes should we ever turn our attention elsewhere. So it's really about a bit of choreography to get this right and not find ourselves potentially doing more harm if we create vacuums and voids and greater instability in the region.”
WHITE HOUSE FACT SHEET: "SAFEGUARDING AMERICAN CONSUMERS & FAMILIES"
FROM: THE WHITE HOUSE
FACT SHEET: Safeguarding American Consumers & Families
Today, President Obama will build on the steps he has taken to protect American companies, consumers, and infrastructure from cyber threats, while safeguarding privacy and civil liberties. These actions have included the President’s 2012 comprehensive blueprint for consumer privacy, the BuySecure initiative—launched last year— to safeguard Americans’ financial security, and steps the President took earlier this year by creating a working group of senior administration officials to examine issues related to big data and privacy in public services and the commercial sector.
In an increasingly interconnected world, American companies are also leaders in protecting privacy, taking unprecedented steps to invest in cybersecurity and provide customers with precise control over the privacy of their online content. But as cybersecurity threats and identity theft continue to rise, recent polls show that 9 in 10 Americans feel they have in some way lost control of their personal information — and that can lead to less interaction with technology, less innovation, and a less productive economy.
At the Federal Trade Commission offices today, President Obama will highlight measures he will discuss in the State of the Union and unveil the next steps in his comprehensive approach to enhancing consumers’ security, tackling identity theft, and improving privacy online and in the classroom. These steps include:
Improving Consumer Confidence by Tackling Identity Theft
The Personal Data Notification & Protection Act: The President is putting forward a new legislative proposal to help bring peace of mind to the tens of millions of Americans whose personal and financial information has been compromised in a data breach. This proposal clarifies and strengthens the obligations companies have to notify customers when their personal information has been exposed, including establishing a 30-day notification requirement from the discovery of a breach, while providing companies with the certainty of a single, national standard. The proposal also criminalizes illicit overseas trade in identities.
Identifying and Preventing Identity Theft: To give consumers access to one of the best early indicators of identity theft, as well as an opportunity to improve their credit health, JPMorganChase and Bank of America, in partnership with Fair Isaac Corporation (FICO), will join the growing list of firms making credit scores available for free to their consumer card customers. USAA and State Employees’ Credit Union will also offer free credit scores to their members, and Ally Financial is further widening the community of companies taking this step by making credit scores available to their auto loan customers. Through this effort over half of all adult Americans with credit scores will now have access to this tool to help spot identity theft, through their banks, card issuers, or lenders.
Safeguarding Student Data in the Classroom and Beyond
The Student Digital Privacy Act: The President is releasing a new legislative proposal designed to provide teachers and parents the confidence they need to enhance teaching and learning with the best technology — by ensuring that data collected in the educational context is used only for educational purposes. This bill, modeled on a landmark California statute, builds on the recommendations of the White House Big Data and Privacy review released earlier this year, would prevent companies from selling student data to third parties for purposes unrelated to the educational mission and from engaging in targeted advertising to students based on data collected in school – while still permitting important research initiatives to improve student learning outcomes, and efforts by companies to continuously improve the effectiveness of their learning technology products.
New Commitments from the Private Sector to Help Enhance Privacy for Students: Today 75 companies have committed to the cause, signing a pledge to provide parents, teachers, and kids themselves with important protections against misuse of their data. This pledge was led by the Future of Privacy Forum and the Software & Information Industry Association, and today the President challenged other companies to follow their lead.
New Tools from the Department of Education to Empower Educators Around the Country and Protect Students: The Department of Education and its Privacy Technical Assurance Center play a critical role in protecting American children from invasions of privacy. Today, we are announcing a forthcoming model terms of service, as well as teacher training assistance that will enhance our ability to help ensure educational data is used appropriately and in accordance with the educational mission.
Convening the Public and Private Sector to Tackle Emerging Privacy Issues
Voluntary Code of Conduct for Smart Grid Customer Data Privacy: Today the Department of Energy and the Federal Smart Grid Task Force are releasing a new Voluntary Code of Conduct (VCC) for utilities and third parties aimed at protecting electricity customer data — including energy usage information. This Code reflects a year of expert and public consultation, including input from industry stakeholders, privacy experts, and the public. As companies begin to sign on, the VCC will help improve consumer awareness, choice and consent, and controls on access.
Promoting Innovation by Improving Consumers Confidence Online
Consumer Privacy Bill of Rights Legislation: Online interactions should be governed by clear principles — principles that look at the context in which data is collected and ensure that users’ expectations are not abused. Those were the key themes of the Administration’s 2012 Consumer Privacy Bill of Rights, and today the Commerce Department announced it has completed its public consultation on revised draft legislation enshrining those principles into law. Within 45 days, the Administration will release this revised legislative proposal and today we call on Congress to begin active consideration of this important issue.
These actions build on steps the President has already taken to support consumer privacy and fight identity theft, including:
Making Federal Payments More Secure to Help Drive the Market Forward: In October, as part of his BuySecure Initiative, the President issued an Executive Order laying out a new policy to secure payments to and from the Federal government by applying chip and PIN technology to newly issued and existing government credit cards, as well as debit cards like Direct Express, and upgrading retail payment card terminals at Federal agency facilities to accept chip and PIN-enabled cards. This accompanied an effort by major companies like Home Depot, Target, Walgreens, and Walmart to roll out secure chip and PIN-compatible card terminals in stores across the country.
New Measures to Prevent Identity Theft: The President also announced new steps by the government to assist victims of identity theft, including supporting the Federal Trade Commission in their development of a new one-stop resource for victims at IdentityTheft.gov and expanding information sharing to ensure Federal investigators’ ability to regularly report evidence of stolen financial and other information to companies whose customers are directly affected.
FACT SHEET: Safeguarding American Consumers & Families
Today, President Obama will build on the steps he has taken to protect American companies, consumers, and infrastructure from cyber threats, while safeguarding privacy and civil liberties. These actions have included the President’s 2012 comprehensive blueprint for consumer privacy, the BuySecure initiative—launched last year— to safeguard Americans’ financial security, and steps the President took earlier this year by creating a working group of senior administration officials to examine issues related to big data and privacy in public services and the commercial sector.
In an increasingly interconnected world, American companies are also leaders in protecting privacy, taking unprecedented steps to invest in cybersecurity and provide customers with precise control over the privacy of their online content. But as cybersecurity threats and identity theft continue to rise, recent polls show that 9 in 10 Americans feel they have in some way lost control of their personal information — and that can lead to less interaction with technology, less innovation, and a less productive economy.
At the Federal Trade Commission offices today, President Obama will highlight measures he will discuss in the State of the Union and unveil the next steps in his comprehensive approach to enhancing consumers’ security, tackling identity theft, and improving privacy online and in the classroom. These steps include:
Improving Consumer Confidence by Tackling Identity Theft
The Personal Data Notification & Protection Act: The President is putting forward a new legislative proposal to help bring peace of mind to the tens of millions of Americans whose personal and financial information has been compromised in a data breach. This proposal clarifies and strengthens the obligations companies have to notify customers when their personal information has been exposed, including establishing a 30-day notification requirement from the discovery of a breach, while providing companies with the certainty of a single, national standard. The proposal also criminalizes illicit overseas trade in identities.
Identifying and Preventing Identity Theft: To give consumers access to one of the best early indicators of identity theft, as well as an opportunity to improve their credit health, JPMorganChase and Bank of America, in partnership with Fair Isaac Corporation (FICO), will join the growing list of firms making credit scores available for free to their consumer card customers. USAA and State Employees’ Credit Union will also offer free credit scores to their members, and Ally Financial is further widening the community of companies taking this step by making credit scores available to their auto loan customers. Through this effort over half of all adult Americans with credit scores will now have access to this tool to help spot identity theft, through their banks, card issuers, or lenders.
Safeguarding Student Data in the Classroom and Beyond
The Student Digital Privacy Act: The President is releasing a new legislative proposal designed to provide teachers and parents the confidence they need to enhance teaching and learning with the best technology — by ensuring that data collected in the educational context is used only for educational purposes. This bill, modeled on a landmark California statute, builds on the recommendations of the White House Big Data and Privacy review released earlier this year, would prevent companies from selling student data to third parties for purposes unrelated to the educational mission and from engaging in targeted advertising to students based on data collected in school – while still permitting important research initiatives to improve student learning outcomes, and efforts by companies to continuously improve the effectiveness of their learning technology products.
New Commitments from the Private Sector to Help Enhance Privacy for Students: Today 75 companies have committed to the cause, signing a pledge to provide parents, teachers, and kids themselves with important protections against misuse of their data. This pledge was led by the Future of Privacy Forum and the Software & Information Industry Association, and today the President challenged other companies to follow their lead.
New Tools from the Department of Education to Empower Educators Around the Country and Protect Students: The Department of Education and its Privacy Technical Assurance Center play a critical role in protecting American children from invasions of privacy. Today, we are announcing a forthcoming model terms of service, as well as teacher training assistance that will enhance our ability to help ensure educational data is used appropriately and in accordance with the educational mission.
Convening the Public and Private Sector to Tackle Emerging Privacy Issues
Voluntary Code of Conduct for Smart Grid Customer Data Privacy: Today the Department of Energy and the Federal Smart Grid Task Force are releasing a new Voluntary Code of Conduct (VCC) for utilities and third parties aimed at protecting electricity customer data — including energy usage information. This Code reflects a year of expert and public consultation, including input from industry stakeholders, privacy experts, and the public. As companies begin to sign on, the VCC will help improve consumer awareness, choice and consent, and controls on access.
Promoting Innovation by Improving Consumers Confidence Online
Consumer Privacy Bill of Rights Legislation: Online interactions should be governed by clear principles — principles that look at the context in which data is collected and ensure that users’ expectations are not abused. Those were the key themes of the Administration’s 2012 Consumer Privacy Bill of Rights, and today the Commerce Department announced it has completed its public consultation on revised draft legislation enshrining those principles into law. Within 45 days, the Administration will release this revised legislative proposal and today we call on Congress to begin active consideration of this important issue.
These actions build on steps the President has already taken to support consumer privacy and fight identity theft, including:
Making Federal Payments More Secure to Help Drive the Market Forward: In October, as part of his BuySecure Initiative, the President issued an Executive Order laying out a new policy to secure payments to and from the Federal government by applying chip and PIN technology to newly issued and existing government credit cards, as well as debit cards like Direct Express, and upgrading retail payment card terminals at Federal agency facilities to accept chip and PIN-enabled cards. This accompanied an effort by major companies like Home Depot, Target, Walgreens, and Walmart to roll out secure chip and PIN-compatible card terminals in stores across the country.
New Measures to Prevent Identity Theft: The President also announced new steps by the government to assist victims of identity theft, including supporting the Federal Trade Commission in their development of a new one-stop resource for victims at IdentityTheft.gov and expanding information sharing to ensure Federal investigators’ ability to regularly report evidence of stolen financial and other information to companies whose customers are directly affected.
SECRETARY KERRY'S REMARKS IN INDIA AT FORD FACTORY TOUR IN INDIA
FROM: U.S. STATE DEPARTMENT
Remarks at Ford Factory Tour Sanand
Remarks
John Kerry
Secretary of State
Gujarat, India
January 12, 2015
Well, good morning, everybody. What a great team. How are you? Everybody learning everything you have to learn? Everybody knows how to build a car? All right.
This is very, very exciting for me. I was mentioning to Nigel that, back in my home state of Massachusetts, where I have lived all my life, my -- some of our friends up in the part of the country -- part of the state have a farm. And the whole farm is 360 acres. That's a big farm. I was just learning from Nigel that this plant is 460 acres of plant, which is absolutely extraordinary. And, as I think about what is going to go on here, it is really exciting for me to be able to come and visit and see this.
All of you know that in the United States we went through a transformation in our auto industry. And for a period of time the auto industry was very hard hit. There are a lot of reasons for that. But we believed in it, President Obama believed in it, and we helped the industry to turn around. And, as a result, not only do we now have a very exciting auto industry in Detroit and in other parts of the country, but look at this: we have a $1 billion investment right here in this plant, another $1 billion in another plant. There will be more than 11,000 jobs between those, and those will create something like 30,000 jobs here in India for all of the different suppliers and downstream companies that are part of the whole production process.
It is an amazing story. And you, each of you, those of you working here, are really very, very lucky in lots of ways, because you are defining the future for India and for the United States and for the world. This is the future. What Nigel was just talking about is more and more people are now gaining purchasing power, because, as the jobs grow, the economy grows, more and more trade takes place, more and more people who have been locked in poverty for too long are beginning to be able to be part of the global commerce. And there are still hundreds of millions of people out there, waiting to share in that.
So, what Nigel is saying is, as those people begin to get a better job, get a little bit of money, they're going to go out and buy a car. And that means building roads, garages, being able to make them economical. And also, having cars that are environmentally sound and friendly, because automobiles contribute to the greenhouse gases, which contributes to global climate change. So we all need to be very smart about the kinds of cars we design, and what we do, and the long-term effect on the surrounding community and the environment. But this is exciting, because it really represents the economic transformation that is bringing our countries closer and closer together.
I just was part of this vibrant Gujarat Summit that we had. I was with the Prime Minister yesterday. I know he is excited about coming out here, I think some time in March, and inaugurating this particular plant. And then you will officially be in production. But we talked about how, in so many different businesses, there are enormous possibilities for cooperation between the United States and India. And we are both democracies. We are the oldest democracy; you are the biggest democracy. And, together, we think we have an opportunity to say a lot to people about freedom, about opportunity, about respect, about rights, and about people's ability to be able to make their own choices and do better in life.
America and India share a passion for innovation and for thinking and for freedom. You will find, as you work here, and as you go on, that your lives are going to be significantly improved and better because of the kind of operation that is run here. I know you have a Happy Schools program, and you also have health care and other kinds of things. All of these are the kinds of benefits that come with a good job, a good company. And I want you all to know that, in my family, we have a Ford hybrid car. (Applause.) So I am happy to say that I am here with friends, I'm safe.
But let me just thank all of you very, very much. President Obama is very excited about coming. He is going to be your National Day guest during the observance in a couple of weeks. And he and the Prime Minister will meet, and I'm confident that they will be able to make some positive progress on some of the issues that we're working on together on energy, on our bilateral investments, the relationship with our economies. And we are very, very excited about the possibilities for a stronger and stronger relationship between the United States and India.
So, I wish you all well. I congratulate you on being part of an incredibly modern, amazingly state-of-the-art plant. I urge you all to learn as much as you can, work as hard as you can, listen to the safety rules. And I wish you all well, and thank you for a wonderful welcome here, at this truly amazing plant. It's a great privilege for me to be able to be here with you. Thank you so much. Thank you. (Applause.)
Remarks at Ford Factory Tour Sanand
Remarks
John Kerry
Secretary of State
Gujarat, India
January 12, 2015
Well, good morning, everybody. What a great team. How are you? Everybody learning everything you have to learn? Everybody knows how to build a car? All right.
This is very, very exciting for me. I was mentioning to Nigel that, back in my home state of Massachusetts, where I have lived all my life, my -- some of our friends up in the part of the country -- part of the state have a farm. And the whole farm is 360 acres. That's a big farm. I was just learning from Nigel that this plant is 460 acres of plant, which is absolutely extraordinary. And, as I think about what is going to go on here, it is really exciting for me to be able to come and visit and see this.
All of you know that in the United States we went through a transformation in our auto industry. And for a period of time the auto industry was very hard hit. There are a lot of reasons for that. But we believed in it, President Obama believed in it, and we helped the industry to turn around. And, as a result, not only do we now have a very exciting auto industry in Detroit and in other parts of the country, but look at this: we have a $1 billion investment right here in this plant, another $1 billion in another plant. There will be more than 11,000 jobs between those, and those will create something like 30,000 jobs here in India for all of the different suppliers and downstream companies that are part of the whole production process.
It is an amazing story. And you, each of you, those of you working here, are really very, very lucky in lots of ways, because you are defining the future for India and for the United States and for the world. This is the future. What Nigel was just talking about is more and more people are now gaining purchasing power, because, as the jobs grow, the economy grows, more and more trade takes place, more and more people who have been locked in poverty for too long are beginning to be able to be part of the global commerce. And there are still hundreds of millions of people out there, waiting to share in that.
So, what Nigel is saying is, as those people begin to get a better job, get a little bit of money, they're going to go out and buy a car. And that means building roads, garages, being able to make them economical. And also, having cars that are environmentally sound and friendly, because automobiles contribute to the greenhouse gases, which contributes to global climate change. So we all need to be very smart about the kinds of cars we design, and what we do, and the long-term effect on the surrounding community and the environment. But this is exciting, because it really represents the economic transformation that is bringing our countries closer and closer together.
I just was part of this vibrant Gujarat Summit that we had. I was with the Prime Minister yesterday. I know he is excited about coming out here, I think some time in March, and inaugurating this particular plant. And then you will officially be in production. But we talked about how, in so many different businesses, there are enormous possibilities for cooperation between the United States and India. And we are both democracies. We are the oldest democracy; you are the biggest democracy. And, together, we think we have an opportunity to say a lot to people about freedom, about opportunity, about respect, about rights, and about people's ability to be able to make their own choices and do better in life.
America and India share a passion for innovation and for thinking and for freedom. You will find, as you work here, and as you go on, that your lives are going to be significantly improved and better because of the kind of operation that is run here. I know you have a Happy Schools program, and you also have health care and other kinds of things. All of these are the kinds of benefits that come with a good job, a good company. And I want you all to know that, in my family, we have a Ford hybrid car. (Applause.) So I am happy to say that I am here with friends, I'm safe.
But let me just thank all of you very, very much. President Obama is very excited about coming. He is going to be your National Day guest during the observance in a couple of weeks. And he and the Prime Minister will meet, and I'm confident that they will be able to make some positive progress on some of the issues that we're working on together on energy, on our bilateral investments, the relationship with our economies. And we are very, very excited about the possibilities for a stronger and stronger relationship between the United States and India.
So, I wish you all well. I congratulate you on being part of an incredibly modern, amazingly state-of-the-art plant. I urge you all to learn as much as you can, work as hard as you can, listen to the safety rules. And I wish you all well, and thank you for a wonderful welcome here, at this truly amazing plant. It's a great privilege for me to be able to be here with you. Thank you so much. Thank you. (Applause.)
DOCTOR CLAIMED MILLIONS IN FALSE BUSINESS EXPENSES
FROM: U.S. JUSTICE DEPARTMENT
Friday, January 9, 2015
Former Kentucky Doctor Pleads Guilty to Filing False Tax Returns Claiming Millions in False Business Expenses
A former London, Kentucky, doctor pleaded guilty today to filing false tax returns on which he falsely reported millions in fictitious business expenses to reduce his taxable income, announced Deputy Assistant Attorney General David A. Hubbert for the Justice Department’s Tax Division.
According to the documents filed with the court, Dr. Visa Haran Sivasubramaniam owned and operated Hematology Oncology Physicians East (HOPE), where he offered medical oncology and hematology services. During a three year period, from 2007 through 2009, Sivasubramaniam earned more than $16 million in total income from HOPE, but he reported nearly $13 million worth of false and fictitious medical supply expenses to offset that income. Sivasubramaniam admitted that for 2008 and 2009, he signed false corporate tax returns for HOPE and false personal tax returns, which reported limited taxable income and ficticious losses from HOPE when he in fact knew that his net income was millions of dollars more. According to court documents, Sivasubramaniam owes more than $4.5 million in taxes.
Sivasubramaniam faces a statutory maximum sentence of six years in prison and a $500,000 fine. His sentencing is set for July 7 before U.S. District Judge Amul R. Thapar for the Eastern District of Kentucky.
This case was investigated by special agents of the Internal Revenue Service-Criminal Investigation. Trial Attorneys Yael T. Epstein and Thomas G. Voracek of the Tax Division are prosecuting the case.
Friday, January 9, 2015
Former Kentucky Doctor Pleads Guilty to Filing False Tax Returns Claiming Millions in False Business Expenses
A former London, Kentucky, doctor pleaded guilty today to filing false tax returns on which he falsely reported millions in fictitious business expenses to reduce his taxable income, announced Deputy Assistant Attorney General David A. Hubbert for the Justice Department’s Tax Division.
According to the documents filed with the court, Dr. Visa Haran Sivasubramaniam owned and operated Hematology Oncology Physicians East (HOPE), where he offered medical oncology and hematology services. During a three year period, from 2007 through 2009, Sivasubramaniam earned more than $16 million in total income from HOPE, but he reported nearly $13 million worth of false and fictitious medical supply expenses to offset that income. Sivasubramaniam admitted that for 2008 and 2009, he signed false corporate tax returns for HOPE and false personal tax returns, which reported limited taxable income and ficticious losses from HOPE when he in fact knew that his net income was millions of dollars more. According to court documents, Sivasubramaniam owes more than $4.5 million in taxes.
Sivasubramaniam faces a statutory maximum sentence of six years in prison and a $500,000 fine. His sentencing is set for July 7 before U.S. District Judge Amul R. Thapar for the Eastern District of Kentucky.
This case was investigated by special agents of the Internal Revenue Service-Criminal Investigation. Trial Attorneys Yael T. Epstein and Thomas G. Voracek of the Tax Division are prosecuting the case.
HHS TOUTS ACA AS MAKING "GREAT STRIDES" FOR WOMEN'S HEALTH CARE
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Great Strides for Women’s Health Under the Affordable Care Act
Jan 09, 2015
By: Valerie Jarrett, Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Engagement, The White House
President Obama has said repeatedly that “when women succeed, America succeeds.” And over the past year, millions of women have gained the security of knowing that their professional, academic, financial, and personal dreams will not be put in jeopardy if they face a health challenge. Today, the Department of Health and Human Services (“HHS”) released a report detailing the important strides we have made in women’s health as a result of the implementation of the Affordable Care Act (“ACA”).
Up until last year, insurance companies could - and often did - charge women different premiums than men for the same coverage. As of January 1, 2014, the ACA prohibits this gender discrimination. In part because of improved options and affordability, today’s report outlines a significant 5.5 percentage point decline in the uninsured rate among women between the ages of 18 and 64 since 2013. And as more and more women take advantage of the Open Enrollment period that ends February 15, 2015, and sign up for affordable private health insurance, that number will continue to drop.
These statistics are reflected in the individual stories and experiences of our neighbors, friends, colleagues, and loved ones. I recently spoke with Ann C., a mother of three from Connecticut, who described to me her new appreciation for the importance of preventative care. Last year, Ann was relieved to find a health insurance plan that she could afford by enrolling through the Marketplace. She quickly put her new coverage to good use, and scheduled a mammogram. The test revealed an irregularity which lead to an immediate biopsy and minor surgery. She was diagnosed with cancer, but fortunately she had the coverage she needed in order to catch it early on and she had a method to pay for treatment. Imagine learning such news without the ability to receive or pay for treatments. Because she caught it early, Ann is now facing a brighter, cancer-free future.
And Ann is far from alone. One in eight women are diagnosed with breast cancer during their lifetime, and that is just one of many illnesses which both disproportionately affect women, and which can often be treated more effectively if caught early. The ACA has increased coverage for millions of women and helped millions more remain healthy with improved access to preventive services such as mammograms, Pap smears, contraception, domestic violence screening, and other vital health services for no out-of-pocket cost. As revealed in today’s HHS report, over 48 million women have benefitted from this expanded access to preventive care. And because these services are available without a co-pay, women no longer need to choose between the health care they need and their other essential expenses.
Today’s report also found that the ACA has been instrumental in providing maternity benefits. 8.7 million women who purchased coverage on the individual market have gained these crucial benefits. The ACA also requires plans to cover maternity-related preventive services, which help increase the likelihood of a healthy and safe delivery. With even an uncomplicated delivery costing tens of thousands of dollars, these new protections are helping curb the large expenses many women and families incur for hospital stays during pregnancy.
Today marks the last day of the Women’s Week of Action, celebrating the ACA’s accomplishments, and gearing up for the work we still have left ahead of us. The Affordable Care Act has given millions of women peace of mind for themselves and their families. And although many women have gained coverage since last year’s Open Enrollment, there are still millions of women who have yet to sign up and gain access to these crucial services.
Great Strides for Women’s Health Under the Affordable Care Act
Jan 09, 2015
By: Valerie Jarrett, Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Engagement, The White House
President Obama has said repeatedly that “when women succeed, America succeeds.” And over the past year, millions of women have gained the security of knowing that their professional, academic, financial, and personal dreams will not be put in jeopardy if they face a health challenge. Today, the Department of Health and Human Services (“HHS”) released a report detailing the important strides we have made in women’s health as a result of the implementation of the Affordable Care Act (“ACA”).
Up until last year, insurance companies could - and often did - charge women different premiums than men for the same coverage. As of January 1, 2014, the ACA prohibits this gender discrimination. In part because of improved options and affordability, today’s report outlines a significant 5.5 percentage point decline in the uninsured rate among women between the ages of 18 and 64 since 2013. And as more and more women take advantage of the Open Enrollment period that ends February 15, 2015, and sign up for affordable private health insurance, that number will continue to drop.
These statistics are reflected in the individual stories and experiences of our neighbors, friends, colleagues, and loved ones. I recently spoke with Ann C., a mother of three from Connecticut, who described to me her new appreciation for the importance of preventative care. Last year, Ann was relieved to find a health insurance plan that she could afford by enrolling through the Marketplace. She quickly put her new coverage to good use, and scheduled a mammogram. The test revealed an irregularity which lead to an immediate biopsy and minor surgery. She was diagnosed with cancer, but fortunately she had the coverage she needed in order to catch it early on and she had a method to pay for treatment. Imagine learning such news without the ability to receive or pay for treatments. Because she caught it early, Ann is now facing a brighter, cancer-free future.
And Ann is far from alone. One in eight women are diagnosed with breast cancer during their lifetime, and that is just one of many illnesses which both disproportionately affect women, and which can often be treated more effectively if caught early. The ACA has increased coverage for millions of women and helped millions more remain healthy with improved access to preventive services such as mammograms, Pap smears, contraception, domestic violence screening, and other vital health services for no out-of-pocket cost. As revealed in today’s HHS report, over 48 million women have benefitted from this expanded access to preventive care. And because these services are available without a co-pay, women no longer need to choose between the health care they need and their other essential expenses.
Today’s report also found that the ACA has been instrumental in providing maternity benefits. 8.7 million women who purchased coverage on the individual market have gained these crucial benefits. The ACA also requires plans to cover maternity-related preventive services, which help increase the likelihood of a healthy and safe delivery. With even an uncomplicated delivery costing tens of thousands of dollars, these new protections are helping curb the large expenses many women and families incur for hospital stays during pregnancy.
Today marks the last day of the Women’s Week of Action, celebrating the ACA’s accomplishments, and gearing up for the work we still have left ahead of us. The Affordable Care Act has given millions of women peace of mind for themselves and their families. And although many women have gained coverage since last year’s Open Enrollment, there are still millions of women who have yet to sign up and gain access to these crucial services.
Monday, January 12, 2015
DOJ INTERVENES IN LAWSUIT REGARDING CANCELLATION OF REDSKINS TRADEMARKS
FROM: U.S. JUSTICE DEPARTMENT
Friday, January 9, 2015
Justice Department Intervenes in Lawsuit Involving Washington Redskins Trademark
Justice Department Will Defend Constitutionality of Trademark Statute
Earlier today, the government filed a notice of intervention in Pro-Football, Inc. v. Amanda Blackhorse, et al. notifying the court in the Eastern District of Virginia that it would defend the federal authorities of the U.S. Patent and Trademark Office’s U.S. Trademark Trial and Appeal Board (TTAB), the Justice Department announced.
In August 2006, five Native Americans, Amanda Blackhorse, Marcus Briggs, Philip Gover, Jillian Pappan and Courtney Tsotigh, sought the cancellation of six Washington Redskins trademark registrations under the Lanham Act on the grounds that the trademarks were disparaging to Native Americans at the time they were registered. A panel of the TTAB agreed and issued a June 18, 2014 decision that the registrations should be canceled.
Pro-Football Inc., the owner of the Washington Redskins, filed a complaint in U.S. District Court on Aug. 14, 2014, against the five individuals who had petitioned the TTAB for invalidation of the Redskins trademarks. Pro-Football Inc. is challenging the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a) on the grounds that the act violates the First Amendment to the U.S. Constitution. The Lanham Act permits denial or cancellation of a trademark application if the trademark is disparaging or falsely suggests a connection with persons living or dead, institutions, beliefs or national symbols. The act further provides that if a private party believes that a trademark was improperly registered, the party may commence a review proceeding before the TTAB seeking to have the trademark canceled.
The United States will defend the constitutionality of the federal statute.
“The Department of Justice is dedicated to defending the constitutionality of the important statute ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly,” said Acting
Assistant Attorney General Joyce R. Branda for the Civil Division. “I believe strongly in the rights of all Americans to celebrate and maintain their unique cultural heritage. Going forward, we will strive to maintain the ability of the United States Patent and Trademark Office to make its own judgment on these matters, based on clear authorities established by law.”
The United States is specifically authorized by federal statute to intervene in any federal action in which the constitutionality of an act of Congress is drawn into question. Intervention by the United States will not interfere with the timely adjudication of this action.
The case is being handled by the Justice Department’s Civil Division’s Federal Programs Branch with the assistance of the U.S. Attorney’s Office for the Eastern District of Virginia.
Friday, January 9, 2015
Justice Department Intervenes in Lawsuit Involving Washington Redskins Trademark
Justice Department Will Defend Constitutionality of Trademark Statute
Earlier today, the government filed a notice of intervention in Pro-Football, Inc. v. Amanda Blackhorse, et al. notifying the court in the Eastern District of Virginia that it would defend the federal authorities of the U.S. Patent and Trademark Office’s U.S. Trademark Trial and Appeal Board (TTAB), the Justice Department announced.
In August 2006, five Native Americans, Amanda Blackhorse, Marcus Briggs, Philip Gover, Jillian Pappan and Courtney Tsotigh, sought the cancellation of six Washington Redskins trademark registrations under the Lanham Act on the grounds that the trademarks were disparaging to Native Americans at the time they were registered. A panel of the TTAB agreed and issued a June 18, 2014 decision that the registrations should be canceled.
Pro-Football Inc., the owner of the Washington Redskins, filed a complaint in U.S. District Court on Aug. 14, 2014, against the five individuals who had petitioned the TTAB for invalidation of the Redskins trademarks. Pro-Football Inc. is challenging the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a) on the grounds that the act violates the First Amendment to the U.S. Constitution. The Lanham Act permits denial or cancellation of a trademark application if the trademark is disparaging or falsely suggests a connection with persons living or dead, institutions, beliefs or national symbols. The act further provides that if a private party believes that a trademark was improperly registered, the party may commence a review proceeding before the TTAB seeking to have the trademark canceled.
The United States will defend the constitutionality of the federal statute.
“The Department of Justice is dedicated to defending the constitutionality of the important statute ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly,” said Acting
Assistant Attorney General Joyce R. Branda for the Civil Division. “I believe strongly in the rights of all Americans to celebrate and maintain their unique cultural heritage. Going forward, we will strive to maintain the ability of the United States Patent and Trademark Office to make its own judgment on these matters, based on clear authorities established by law.”
The United States is specifically authorized by federal statute to intervene in any federal action in which the constitutionality of an act of Congress is drawn into question. Intervention by the United States will not interfere with the timely adjudication of this action.
The case is being handled by the Justice Department’s Civil Division’s Federal Programs Branch with the assistance of the U.S. Attorney’s Office for the Eastern District of Virginia.
SECRETARY KERRY'S REMARKS AT VIBRANT GUJARAT
FROM: U.S. STATE DEPARTMENT
Remarks at the Vibrant Gujarat Opening Ceremony
Remarks
John Kerry
Secretary of State
Mahatma Mandir, Gandhinagar
Gujarat, India
January 11, 2015
SECRETARY KERRY: Thank you very much. Prime Minister Modi and Secretary General Ban, many famous ministers, trade representatives, the prime ministers – ladies and gentlemen, I fear we have reached that magical moment in an event when just about everything has been said, but not everybody has said it. (Laughter.) For me it is a privilege to be able to be here for many reasons, but perhaps most importantly, I’m personally delighted to be back in India, and to join you for the seventh Vibrant Gujarat summit. Particularly because this is the home state of your visionary prime minister, your prime minister who has brought a particular energy to this transformational moment, but also because he has already made the name Gujarat synonymous with possibilities, with change, with energy. (Applause.)
And I know it is because of his reputation for what he achieved in the course of his leadership here in Gujarat, that the people of India have now given him this very special mandate to help make this the moment that we all come together to achieve the goals that Secretary Ban Ki-moon, World Bank President Jim Kim, and others have described here this morning.
It is also particularly exciting for me, I’m told that this morning we are all of us talking to you about 95 percent of the people responsible for 95 percent of the GDP of India. So this is an amazing opportunity.
I know that President Obama is very excited and particularly pleased with the fact that he will be the first United States president to be honored as Chief Guest on Republic Day – (applause) – and he will be the first sitting United States president to visit India twice while in office. (Applause.) Let me make it clear: We believe that that purposefully says something important about the value that both countries place on our critically important relationship.
There are an amazing number of thoughtful leaders here today, some of whom like our friends from the Netherlands, the Dutch who have made themselves particularly visible and energetic this morning. (Laughter.) But let me just say something that I feel that I think everybody shares. We may all come from different walks of life, but we stand together this morning with the people of France as they march in tribute to the victims of last week’s murderous attack on the headquarters of Charlie Hebdo in Paris. And we stand together not just in anger and outrage, but in solidarity and commitment to the cause of confronting extremism and in the cause that extremists fear so much and that has always united our countries – freedom. We stand together in freedom and together we make it clear that no act of terror will ever stop the march of freedom. (Applause.)
I want to emphasize, not to the exclusion of any other country – there are many countries here who share this particular belief – but the United States and India are two countries, literally defined in our documents that create us as a nation, defined by our commitment to freedom, to innovation, to the belief that all things are possible. President Obama often tells people that only in America would his particular journey have been possible. And Prime Minister Modi’s journey from a young man who sold tea right by the railroad right here in Gujarat to the Prime Minister’s residence on Race Course Road seems no less improbable. (Applause.) So we join you in celebrating the extraordinary chapter of India that is being written today.
I am especially pleased to be joined here today by two key leaders from our Administration, the leaders of the U.S.-India relationship: Ambassador Rich Verma and Assistant Secretary Nisha Desai Biswal. Half a century ago, Ambassador Verma’s parents left India – a country they loved and have never stopped loving – to build a life in the United States. Today, I couldn’t be more pleased that we have returned the favor by sending Rich Verma, our first Indian-American Ambassador, to India. (Applause.) And Nisha, who is here today, was born right here in Gujarat, and she is now here as the Assistant Secretary of State of the United States and my principal adviser on strengthening the U.S.-India partnership. (Applause.)
Every nation prides itself in any number of different things. One of the things that we share with a number of nations, but we particularly pride ourselves in, is the benefit that our country gains from diversity. And frankly, this belief in opportunity, even against long odds, is unique to India and the United States in many ways. Our founding documents begin with exactly the same three words: “We the people.” (Applause.) And our innovators and entrepreneurs are constantly pushing the curve of discovery, constantly believing in the possibilities of the future.
I’ve been coming to India now for many years. In fact, I remember traveling here at the end of the Cold War, a young senator, when nerves were still raw and suspicions still lingered. But as a senator, I began to see how profoundly this relationship could change quickly.
When I traveled to Delhi, Mumbai, and Bangalore with executives from companies and high-tech industries, I was immediately overwhelmed by the sense of possibility, by the promise, by the entrepreneurial passion. And I believe very strongly that today the moment has literally never been more ripe to deliver on the incredible possibilities of relationships between all of our countries.
If we work together, with partners who are here and some who are not here today, I am convinced that the world’s oldest democracy and the world’s largest democracy can help to forge a new era of shared possibility and security for hundreds of millions of people in India, but indeed, across Asia, and across the world. We can do exactly what Jim Kim said: We could end extreme poverty in our lifetimes. (Applause.)
In fact, our economic partnership is already growing stronger by the day. Annual trade in goods and services between the United States and India has grown nearly five-fold since 2000 alone. Bilateral foreign direct investment now stands at nearly $30 billion. And our trade and investment supports hundreds of thousands of jobs in both of our countries and in other countries that are partnering here. The fruits of this kind of partnership are extraordinary, and the supply chain for goods and services now stretches not just one country to another but between many different countries.
Here’s the truth, and this is what is important at a meeting like this: We can do more together, and we must do more together, and we have to do it faster. That’s why I’m here this week, because I want to ensure that our economic relationship grows stronger in every respect. We share Prime Minister Modi’s goal of increasing our countries’ annual trade fivefold in the years ahead, and we want to expand our commercial ties and change the way our businesses talk with one another so we can take this relationship, and these relationships is plural, to the new heights that we envision.
And I want to emphasize, we do not view this as a zero-sum competition where we have to fight exclusively for what we want or what India, United States would have – all of us have an ability to take charge of the opportunities that are staring us in the face. When you consider – I think Jim Kim mentioned these numbers – the number of people living in extreme poverty around the world today, the numbers of schools that need to be built, the number of hospitals that need to be built, the roads that need to be built, the energy grids that need to be changed, the unbelievable opportunity to tourism by (inaudible) travel, we are building an endless set of possibilities, and it through this kind of meeting that we will harness the energy to make the most of those possibilities.
I am convinced, as we look to the relationship of the future though, just as Ban Ki-moon mentioned a few minutes ago, there is one enormous cloud hanging over all of us which requires responsibility from leaders. Global climate change is already violently affecting communities not just across India but around the world. It is disrupting commerce, development, and economic growth. It’s costing farmers crops. It’s costing insurance companies unbelievable payouts. It’s raising the cost of doing business, and believe me, if it continues down the current trend-line, we will see climate refugees fighting each other for water and seeking food and new opportunity.
So this is a relationship between India and the United States where we believe very deeply that we could turn sustainable economic growth opportunities into a prosperity we have ever seen before. And it means one very simply thing: Unlike many problems in public life where you struggle sometimes between the plusses and minuses of a particular choice you make – and leaders here all know and business leaders all know what I’m talking about – the choices of climate change offer an unprecedented number of plusses, and frankly, almost no downside. If we make the choices that are staring us in the face, the fact is that a solution to climate change is already here. It’s called energy policy. Sustainable energy policy. And in a sustainable energy policy comes a whole set of benefits to our economy, something many countries of the world are screaming for today.
The world that changed the United States creation of wealth in the 1990s was a $1 trillion market with 1 billion users. And we created wealth through every single sector of the American economy. It was the technology revolution – communications, principally. The world we’re looking at today, the energy market, is a $6 trillion market with four to five billion users today, potentially, and up to 9 billion users by the year 2050, if population meets the current trends. My friends, that’s the greatest market human beings have ever known. And if we seize it properly, our ability to bring modern resources to the task is unlimited.
That means we need to join together to take advantage of the challenge that was laid down by Prime Minister Modi who has now committed to greatly expand India’s wind resources, make your agricultural systems more resilient, increase your national solar mission fivefold. And together, we can create an environment where all of our companies play leading roles in bringing cutting-edge technologies, equipment, capital, and know-how not just to India but to countless countries that need this growth and development now. That’s how we will turn Prime Minister Modi’s “Make in India” initiative a win-win opportunity for the planet as a whole. (Applause.)
So I just close by saying to all of you that I can’t think of a moment in the years I’ve been in public life when our destinies are converging as significantly as they are today. India and the United States I think have a common responsibility, together with our other country partners, a common opportunity to prove that democracies can deliver for their citizens, and frankly, that by doing so that is when we are at our strongest. It is also when we’re at our most secure. And that’s how we will capitalize on the full potential inherent in this partnership now and for generations to come.
I was very taken during Prime Minister Modi’s campaign by (in Hindi) – (applause) – participate in the (inaudible). I tell you what, that sounds like a pretty good slogan for all of us to adopt, and if we adopt it, we can get the job done. Thank you very, very much. (Applause.)
Remarks at the Vibrant Gujarat Opening Ceremony
Remarks
John Kerry
Secretary of State
Mahatma Mandir, Gandhinagar
Gujarat, India
January 11, 2015
SECRETARY KERRY: Thank you very much. Prime Minister Modi and Secretary General Ban, many famous ministers, trade representatives, the prime ministers – ladies and gentlemen, I fear we have reached that magical moment in an event when just about everything has been said, but not everybody has said it. (Laughter.) For me it is a privilege to be able to be here for many reasons, but perhaps most importantly, I’m personally delighted to be back in India, and to join you for the seventh Vibrant Gujarat summit. Particularly because this is the home state of your visionary prime minister, your prime minister who has brought a particular energy to this transformational moment, but also because he has already made the name Gujarat synonymous with possibilities, with change, with energy. (Applause.)
And I know it is because of his reputation for what he achieved in the course of his leadership here in Gujarat, that the people of India have now given him this very special mandate to help make this the moment that we all come together to achieve the goals that Secretary Ban Ki-moon, World Bank President Jim Kim, and others have described here this morning.
It is also particularly exciting for me, I’m told that this morning we are all of us talking to you about 95 percent of the people responsible for 95 percent of the GDP of India. So this is an amazing opportunity.
I know that President Obama is very excited and particularly pleased with the fact that he will be the first United States president to be honored as Chief Guest on Republic Day – (applause) – and he will be the first sitting United States president to visit India twice while in office. (Applause.) Let me make it clear: We believe that that purposefully says something important about the value that both countries place on our critically important relationship.
There are an amazing number of thoughtful leaders here today, some of whom like our friends from the Netherlands, the Dutch who have made themselves particularly visible and energetic this morning. (Laughter.) But let me just say something that I feel that I think everybody shares. We may all come from different walks of life, but we stand together this morning with the people of France as they march in tribute to the victims of last week’s murderous attack on the headquarters of Charlie Hebdo in Paris. And we stand together not just in anger and outrage, but in solidarity and commitment to the cause of confronting extremism and in the cause that extremists fear so much and that has always united our countries – freedom. We stand together in freedom and together we make it clear that no act of terror will ever stop the march of freedom. (Applause.)
I want to emphasize, not to the exclusion of any other country – there are many countries here who share this particular belief – but the United States and India are two countries, literally defined in our documents that create us as a nation, defined by our commitment to freedom, to innovation, to the belief that all things are possible. President Obama often tells people that only in America would his particular journey have been possible. And Prime Minister Modi’s journey from a young man who sold tea right by the railroad right here in Gujarat to the Prime Minister’s residence on Race Course Road seems no less improbable. (Applause.) So we join you in celebrating the extraordinary chapter of India that is being written today.
I am especially pleased to be joined here today by two key leaders from our Administration, the leaders of the U.S.-India relationship: Ambassador Rich Verma and Assistant Secretary Nisha Desai Biswal. Half a century ago, Ambassador Verma’s parents left India – a country they loved and have never stopped loving – to build a life in the United States. Today, I couldn’t be more pleased that we have returned the favor by sending Rich Verma, our first Indian-American Ambassador, to India. (Applause.) And Nisha, who is here today, was born right here in Gujarat, and she is now here as the Assistant Secretary of State of the United States and my principal adviser on strengthening the U.S.-India partnership. (Applause.)
Every nation prides itself in any number of different things. One of the things that we share with a number of nations, but we particularly pride ourselves in, is the benefit that our country gains from diversity. And frankly, this belief in opportunity, even against long odds, is unique to India and the United States in many ways. Our founding documents begin with exactly the same three words: “We the people.” (Applause.) And our innovators and entrepreneurs are constantly pushing the curve of discovery, constantly believing in the possibilities of the future.
I’ve been coming to India now for many years. In fact, I remember traveling here at the end of the Cold War, a young senator, when nerves were still raw and suspicions still lingered. But as a senator, I began to see how profoundly this relationship could change quickly.
When I traveled to Delhi, Mumbai, and Bangalore with executives from companies and high-tech industries, I was immediately overwhelmed by the sense of possibility, by the promise, by the entrepreneurial passion. And I believe very strongly that today the moment has literally never been more ripe to deliver on the incredible possibilities of relationships between all of our countries.
If we work together, with partners who are here and some who are not here today, I am convinced that the world’s oldest democracy and the world’s largest democracy can help to forge a new era of shared possibility and security for hundreds of millions of people in India, but indeed, across Asia, and across the world. We can do exactly what Jim Kim said: We could end extreme poverty in our lifetimes. (Applause.)
In fact, our economic partnership is already growing stronger by the day. Annual trade in goods and services between the United States and India has grown nearly five-fold since 2000 alone. Bilateral foreign direct investment now stands at nearly $30 billion. And our trade and investment supports hundreds of thousands of jobs in both of our countries and in other countries that are partnering here. The fruits of this kind of partnership are extraordinary, and the supply chain for goods and services now stretches not just one country to another but between many different countries.
Here’s the truth, and this is what is important at a meeting like this: We can do more together, and we must do more together, and we have to do it faster. That’s why I’m here this week, because I want to ensure that our economic relationship grows stronger in every respect. We share Prime Minister Modi’s goal of increasing our countries’ annual trade fivefold in the years ahead, and we want to expand our commercial ties and change the way our businesses talk with one another so we can take this relationship, and these relationships is plural, to the new heights that we envision.
And I want to emphasize, we do not view this as a zero-sum competition where we have to fight exclusively for what we want or what India, United States would have – all of us have an ability to take charge of the opportunities that are staring us in the face. When you consider – I think Jim Kim mentioned these numbers – the number of people living in extreme poverty around the world today, the numbers of schools that need to be built, the number of hospitals that need to be built, the roads that need to be built, the energy grids that need to be changed, the unbelievable opportunity to tourism by (inaudible) travel, we are building an endless set of possibilities, and it through this kind of meeting that we will harness the energy to make the most of those possibilities.
I am convinced, as we look to the relationship of the future though, just as Ban Ki-moon mentioned a few minutes ago, there is one enormous cloud hanging over all of us which requires responsibility from leaders. Global climate change is already violently affecting communities not just across India but around the world. It is disrupting commerce, development, and economic growth. It’s costing farmers crops. It’s costing insurance companies unbelievable payouts. It’s raising the cost of doing business, and believe me, if it continues down the current trend-line, we will see climate refugees fighting each other for water and seeking food and new opportunity.
So this is a relationship between India and the United States where we believe very deeply that we could turn sustainable economic growth opportunities into a prosperity we have ever seen before. And it means one very simply thing: Unlike many problems in public life where you struggle sometimes between the plusses and minuses of a particular choice you make – and leaders here all know and business leaders all know what I’m talking about – the choices of climate change offer an unprecedented number of plusses, and frankly, almost no downside. If we make the choices that are staring us in the face, the fact is that a solution to climate change is already here. It’s called energy policy. Sustainable energy policy. And in a sustainable energy policy comes a whole set of benefits to our economy, something many countries of the world are screaming for today.
The world that changed the United States creation of wealth in the 1990s was a $1 trillion market with 1 billion users. And we created wealth through every single sector of the American economy. It was the technology revolution – communications, principally. The world we’re looking at today, the energy market, is a $6 trillion market with four to five billion users today, potentially, and up to 9 billion users by the year 2050, if population meets the current trends. My friends, that’s the greatest market human beings have ever known. And if we seize it properly, our ability to bring modern resources to the task is unlimited.
That means we need to join together to take advantage of the challenge that was laid down by Prime Minister Modi who has now committed to greatly expand India’s wind resources, make your agricultural systems more resilient, increase your national solar mission fivefold. And together, we can create an environment where all of our companies play leading roles in bringing cutting-edge technologies, equipment, capital, and know-how not just to India but to countless countries that need this growth and development now. That’s how we will turn Prime Minister Modi’s “Make in India” initiative a win-win opportunity for the planet as a whole. (Applause.)
So I just close by saying to all of you that I can’t think of a moment in the years I’ve been in public life when our destinies are converging as significantly as they are today. India and the United States I think have a common responsibility, together with our other country partners, a common opportunity to prove that democracies can deliver for their citizens, and frankly, that by doing so that is when we are at our strongest. It is also when we’re at our most secure. And that’s how we will capitalize on the full potential inherent in this partnership now and for generations to come.
I was very taken during Prime Minister Modi’s campaign by (in Hindi) – (applause) – participate in the (inaudible). I tell you what, that sounds like a pretty good slogan for all of us to adopt, and if we adopt it, we can get the job done. Thank you very, very much. (Applause.)
FINDINGS, SENTENCE DISAPPROVED IN TERRORISM CASE AGAINST NOOR UTHMAN MUHAMMED
FROM: U.S. DEFENSE DEPARTMENT
Release No: NR-013-15
January 09, 2015
Findings and sentence disapproved in US v. Noor Uthman Muhammed
On Jan. 9, pursuant to his authority under 10 U.S.C. § 950b, the convening authority for military commissions disapproved the findings and sentence, and dismissed the charges in the case of United States v. Noor Uthman Muhammed.
Muhammed, a native of Sudan, pled guilty in February 2011 at a military commission to providing material support for terrorism and conspiracy to provide material support for terrorism. A panel of military officers sentenced him to fourteen years confinement. In accordance with the provisions of a pretrial agreement, a previous convening authority granted a deferment of confinement effective Dec. 3, 2013.
Muhammed was repatriated from Guantanamo Bay, Cuba, to Sudan on Dec. 19, 2013.
Subsequent to his commission proceedings, decisions by the D.C. Circuit Court of Appeals in separate commissions cases established that it was legal error to try the offense of providing material support for terrorism before a military commission. The decisions of the D.C. Circuit are binding on commissions cases and the convening authority’s action to disapprove the findings and sentence in Muhammed’s case is required in the interests of justice and under the rule of law.
Release No: NR-013-15
January 09, 2015
Findings and sentence disapproved in US v. Noor Uthman Muhammed
On Jan. 9, pursuant to his authority under 10 U.S.C. § 950b, the convening authority for military commissions disapproved the findings and sentence, and dismissed the charges in the case of United States v. Noor Uthman Muhammed.
Muhammed, a native of Sudan, pled guilty in February 2011 at a military commission to providing material support for terrorism and conspiracy to provide material support for terrorism. A panel of military officers sentenced him to fourteen years confinement. In accordance with the provisions of a pretrial agreement, a previous convening authority granted a deferment of confinement effective Dec. 3, 2013.
Muhammed was repatriated from Guantanamo Bay, Cuba, to Sudan on Dec. 19, 2013.
Subsequent to his commission proceedings, decisions by the D.C. Circuit Court of Appeals in separate commissions cases established that it was legal error to try the offense of providing material support for terrorism before a military commission. The decisions of the D.C. Circuit are binding on commissions cases and the convening authority’s action to disapprove the findings and sentence in Muhammed’s case is required in the interests of justice and under the rule of law.
OSHA SAYS TEENAGE WORKERS WERE NOT PROTECTED FROM HEAT HAZARDS AT PARK
FROM: U.S. LABOR DEPARTMENT
Dorney Park and Wildwater Kingdom fail to protect young workers from heat hazards and illness, OSHA finds
ALLENTOWN, Pa. — Seasonally-employed workers, mostly teen employees, hired as outdoor and food stand staff at Dorney Park and Wildwater Kingdom, were exposed to heat hazards during their summer employment, according to the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA cited Cedar Fair LP, operators of the Allentown amusement park, following a June 9, 2014, investigation initiated in response to a complaint alleging that a teen worker sustained burns upon collapsing near a fryer in a food stand.
"In summer temperatures, amusement park workers face an increased risk of heat-related illness and death," said Jean Kulp, director of OSHA's Allentown Area Office. "The threat of heat stress can be reduced significantly by establishing a heat illness prevention program for indoor and outdoor workers. The program should include effective training; consistently available water and shaded breaks; a thorough review of heat illness incidents; and acclimatization."
OSHA cited one serious violation of the agency's general duty clause for Cedar Fair's failure to develop and implement procedures for protecting employees while they worked outdoors in direct sunlight and in small food stands where heat sources exist. The company faces a proposed fine of $7,000, the maximum penalty permitted for a serious violation. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
An additional record-keeping violation was cited, with a $2,000 penalty.
Dorney Park and Wildwater Kingdom fail to protect young workers from heat hazards and illness, OSHA finds
ALLENTOWN, Pa. — Seasonally-employed workers, mostly teen employees, hired as outdoor and food stand staff at Dorney Park and Wildwater Kingdom, were exposed to heat hazards during their summer employment, according to the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA cited Cedar Fair LP, operators of the Allentown amusement park, following a June 9, 2014, investigation initiated in response to a complaint alleging that a teen worker sustained burns upon collapsing near a fryer in a food stand.
"In summer temperatures, amusement park workers face an increased risk of heat-related illness and death," said Jean Kulp, director of OSHA's Allentown Area Office. "The threat of heat stress can be reduced significantly by establishing a heat illness prevention program for indoor and outdoor workers. The program should include effective training; consistently available water and shaded breaks; a thorough review of heat illness incidents; and acclimatization."
OSHA cited one serious violation of the agency's general duty clause for Cedar Fair's failure to develop and implement procedures for protecting employees while they worked outdoors in direct sunlight and in small food stands where heat sources exist. The company faces a proposed fine of $7,000, the maximum penalty permitted for a serious violation. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
An additional record-keeping violation was cited, with a $2,000 penalty.
GOES SATELLITE'S VIEW OF LAST WEEK'S EASTEN U.S. WEATHER CONDITIONS
NOAA's GOES-East satellite provided a look at the frigid eastern two-thirds of the U.S. on Jan. 7, 2015, that shows a blanket of northern snow, lake-effect snow from the Great Lakes and clouds behind the Arctic cold front. A visible picture captured at 11 a.m. EST showed the effects of the latest Arctic outbreak. The cold front that brought the Arctic air moved as far south as Florida, and stretched back over the Gulf of Mexico and just west of Texas. The image shows clouds behind the frontal boundary stretching from the Carolinas west over the Heartland. Farther north, a wide band of fallen snow covers the ground from New England west to Montana, with rivers appearing like veins. The GOES-East satellite image also shows wind-whipped lake-effect snows off the Great Lakes, blowing to the southeast. Meanwhile, Florida, the nation's warm spot appeared almost cloud-free. Image Credit: NASA/NOAA GOES Project.
Sunday, January 11, 2015
OLI SEES PHYTOPLANKTON BLOOM NEAR ALASKAN ISLANDS
The Operational Land Imager (OLI) on Landsat 8 captured this view of a phytoplankton bloom near Alaska’s Pribilof Islands on Sept. 22, 2014. The Pribilofs are surrounded by nutrient-rich waters in the Bering Sea. The milky green and light blue shading of the water indicates the presence of vast populations of microscopic phytoplankton—mostly coccolithophores, which have calcite scales that appear white in satellite images. Such phytoplankton form the foundation of a tremendously productive habitat for fish and birds. Blooms in the Bering Sea increase significantly in springtime, after winter ice cover retreats and nutrients and freshened water are abundant near the ocean surface. Phytoplankton populations plummet in summertime as the water warms, surface nutrients are depleted by blooms, and the plant-like organisms are depleted by grazing fish, zooplankton, and other marine life. By autumn, storms can stir nutrients back to the surface and cooler waters make better bloom conditions. Image Credit: NASA/Landsat 8.
U.S. CONDEMNS ATTACKS BY BOKO HARAM
FROM: U.S. STATE DEPARTMENT
U.S. Condemns Terrorist Attacks in Borno State
Press Statement
Jen Psaki
Department Spokesperson
Washington, DC
January 9, 2015
The United States condemns the recent escalation of attacks on civilians carried out by Boko Haram, which shows no regard for human life. All those responsible for these recurring terrorist attacks must be held accountable.
The United States abhors such violence, which continues to take a terrible toll on the people of Nigeria and the broader region, including Cameroon. We extend our sympathies to the loved ones of all victims of violence at the hands of Boko Haram.
The United States is committed to working with Nigeria and its neighbors to end the scourge of Boko Haram. We urge Nigeria and its neighbors to take all possible steps to address the urgent threat of Boko Haram. Even in the face of these horrifying attacks, terrorist organizations like Boko Haram must not distract Nigeria from carrying out credible and peaceful elections that reflect the will of the Nigerian people.
U.S. Condemns Terrorist Attacks in Borno State
Press Statement
Jen Psaki
Department Spokesperson
Washington, DC
January 9, 2015
The United States condemns the recent escalation of attacks on civilians carried out by Boko Haram, which shows no regard for human life. All those responsible for these recurring terrorist attacks must be held accountable.
The United States abhors such violence, which continues to take a terrible toll on the people of Nigeria and the broader region, including Cameroon. We extend our sympathies to the loved ones of all victims of violence at the hands of Boko Haram.
The United States is committed to working with Nigeria and its neighbors to end the scourge of Boko Haram. We urge Nigeria and its neighbors to take all possible steps to address the urgent threat of Boko Haram. Even in the face of these horrifying attacks, terrorist organizations like Boko Haram must not distract Nigeria from carrying out credible and peaceful elections that reflect the will of the Nigerian people.
AG HOLDER'S REMARKS AT FAREWELL CEREMONY FOR DEPUTY AG COLE
FROM: U.S. JUSTICE DEPARTMENT
Attorney General Holder Delivers Remarks at Farewell Ceremony for Deputy Attorney General Cole
Washington, DCUnited States ~ Thursday, January 8, 2015
Good afternoon – and thank you all for being here. This is a bittersweet day – for this department, for me, and, I know, for everyone in this Great Hall. But it is a pleasure to share this occasion with so many good friends, valued colleagues and proud family members. And it’s a great privilege to join each of our distinguished guest speakers in welcoming you all to the Justice Department this afternoon – as we thank Jim Cole for his exemplary service to our nation, not only over the last four years, but throughout his career; as we celebrate the many achievements that have defined his leadership of this department as Deputy Attorney General; and as we wish him well as he marks the beginning of an exciting new chapter in his life.
I want to extend a special welcome to Jim’s wonderful wife, Susan; their son, Jackson; their daughter, Amanda; and every member of Jim’s extended family who’s here with us today.
As a former Deputy Attorney General myself, I understand in a personal way the toll that this highly-demanding – and far from glamorous – job can take. I also know that having a family member serving in such a high-profile and high-pressure position has required great sacrifices from many of Jim’s friends and loved ones. So I want to take a moment to thank each of you for your service, for your patience, and for your constant love and support over the last four years – which I know have meant the world to Jim, and which have made possible the record of achievement that will define his legacy as a senior leader in the Obama Administration.
What a legacy it is. Over the past four years, Jim Cole has been my indispensable partner in leading the U.S. Department of Justice – and extending the promise of equality under the law for everyone in this country.
His persistence, his tenacity, and his relentless drive for results – on behalf of the American people he serves so faithfully – have marked him as an extremely effective Deputy Attorney General. And his love of, and loyalty to, this great institution – and the extraordinary men and women who serve it – have earned him a reputation as a skilled and thoughtful manager; as a good steward of the principles that have guided this department since its earliest days; and as a champion of the cause of justice – in every case and circumstance.
As anyone who has worked closely with Jim over the years can tell you, many of these qualities have been evident since the moment he first reported for work at the Justice Department – as a member of the newly-created Public Integrity Section.
That, of course, is where Jim and I first met – more years ago than either of us would like to admit. I quickly came to admire Jim’s work ethic, his judgment, his passion for public service and his intelligence and skill as an attorney.
Even before he was promoted to Deputy Chief of the Public Integrity Section, I saw – as did many of our colleagues – that Jim had a tremendous amount to offer to this department, and that he was destined for big things. I'm not sure, however, that anyone could have predicted then that the two of us would someday lead the Justice Department. But I knew, when he left the federal workforce and launched a distinguished career in private practice – that his service to our nation was not yet over.
Although neither of us would have dared to imagine it at the time, I was deeply gratified that our respective paths brought us back together in 2010. And I have been both honored and humbled to lead this department alongside him ever since.
During times of great challenge and unprecedented resource constraints – through a hiring freeze and even a government shutdown – President Obama and I have relied upon Jim to ensure that the Justice Department operates as effectively and efficiently as possible.
His leadership and ingenuity have been critical in attaining historic results on behalf of the American people. And, as one of the longest-serving Deputy Attorneys General in history, his management of the day-to-day operations of this department has left a profound and enduring impact.
On a policy level, his input, advice and strong leadership played a key role in the administration’s decision not to defend the constitutionality of the Defense of Marriage Act – and he has been a clear and consistent advocate for LGBT rights throughout the country.
As we considered ways to improve America’s criminal justice system, Jim became a champion – and a key architect – of the Smart on Crime initiative, helping to guide and implement it from the ground up. His work has been particularly important in driving new reentry policies and launching our new executive clemency initiative.
And from the historic resolution in the Deepwater Horizon case – which he helped make possible – to our aggressive and ongoing efforts to combat financial fraud and hold accountable those individuals and institutions who have undermined our economy, his efforts have greatly benefited the American people – touching and improving countless lives from coast to coast.
On questions large and small, throughout his tenure as DAG, Jim’s guidance and wise counsel have made him an irreplaceable advisor, a proven and trusted leader, and a steadfast and valued friend.
Jim, I have been proud to know you, to work with you, and to depend upon you for close to four decades. I am honored to join everyone here in thanking you for your tireless work and faithful service over the years. And although you will be dearly missed by dedicated public servants at every level of the Justice Department – and although I will miss working with you a great deal – I want to join our valued colleagues in wishing you all the best as you move on to bigger and better things.
You will always be a treasured member of the Justice Department family. And I look forward to all that you’ll undoubtedly contribute and achieve in the months and years to come.
At this time, in recognition of your achievements and your many contributions over the years, it is my great privilege to present you with the highest award I can bestow on a Justice Department employee – the Edmund J. Randolph Award. Congratulations, my friend – and good luck.
Ladies and gentlemen, please join me in welcoming to the podium – our Deputy Attorney General, and my great friend, Jim Cole.
Attorney General Holder Delivers Remarks at Farewell Ceremony for Deputy Attorney General Cole
Washington, DCUnited States ~ Thursday, January 8, 2015
Good afternoon – and thank you all for being here. This is a bittersweet day – for this department, for me, and, I know, for everyone in this Great Hall. But it is a pleasure to share this occasion with so many good friends, valued colleagues and proud family members. And it’s a great privilege to join each of our distinguished guest speakers in welcoming you all to the Justice Department this afternoon – as we thank Jim Cole for his exemplary service to our nation, not only over the last four years, but throughout his career; as we celebrate the many achievements that have defined his leadership of this department as Deputy Attorney General; and as we wish him well as he marks the beginning of an exciting new chapter in his life.
I want to extend a special welcome to Jim’s wonderful wife, Susan; their son, Jackson; their daughter, Amanda; and every member of Jim’s extended family who’s here with us today.
As a former Deputy Attorney General myself, I understand in a personal way the toll that this highly-demanding – and far from glamorous – job can take. I also know that having a family member serving in such a high-profile and high-pressure position has required great sacrifices from many of Jim’s friends and loved ones. So I want to take a moment to thank each of you for your service, for your patience, and for your constant love and support over the last four years – which I know have meant the world to Jim, and which have made possible the record of achievement that will define his legacy as a senior leader in the Obama Administration.
What a legacy it is. Over the past four years, Jim Cole has been my indispensable partner in leading the U.S. Department of Justice – and extending the promise of equality under the law for everyone in this country.
His persistence, his tenacity, and his relentless drive for results – on behalf of the American people he serves so faithfully – have marked him as an extremely effective Deputy Attorney General. And his love of, and loyalty to, this great institution – and the extraordinary men and women who serve it – have earned him a reputation as a skilled and thoughtful manager; as a good steward of the principles that have guided this department since its earliest days; and as a champion of the cause of justice – in every case and circumstance.
As anyone who has worked closely with Jim over the years can tell you, many of these qualities have been evident since the moment he first reported for work at the Justice Department – as a member of the newly-created Public Integrity Section.
That, of course, is where Jim and I first met – more years ago than either of us would like to admit. I quickly came to admire Jim’s work ethic, his judgment, his passion for public service and his intelligence and skill as an attorney.
Even before he was promoted to Deputy Chief of the Public Integrity Section, I saw – as did many of our colleagues – that Jim had a tremendous amount to offer to this department, and that he was destined for big things. I'm not sure, however, that anyone could have predicted then that the two of us would someday lead the Justice Department. But I knew, when he left the federal workforce and launched a distinguished career in private practice – that his service to our nation was not yet over.
Although neither of us would have dared to imagine it at the time, I was deeply gratified that our respective paths brought us back together in 2010. And I have been both honored and humbled to lead this department alongside him ever since.
During times of great challenge and unprecedented resource constraints – through a hiring freeze and even a government shutdown – President Obama and I have relied upon Jim to ensure that the Justice Department operates as effectively and efficiently as possible.
His leadership and ingenuity have been critical in attaining historic results on behalf of the American people. And, as one of the longest-serving Deputy Attorneys General in history, his management of the day-to-day operations of this department has left a profound and enduring impact.
On a policy level, his input, advice and strong leadership played a key role in the administration’s decision not to defend the constitutionality of the Defense of Marriage Act – and he has been a clear and consistent advocate for LGBT rights throughout the country.
As we considered ways to improve America’s criminal justice system, Jim became a champion – and a key architect – of the Smart on Crime initiative, helping to guide and implement it from the ground up. His work has been particularly important in driving new reentry policies and launching our new executive clemency initiative.
And from the historic resolution in the Deepwater Horizon case – which he helped make possible – to our aggressive and ongoing efforts to combat financial fraud and hold accountable those individuals and institutions who have undermined our economy, his efforts have greatly benefited the American people – touching and improving countless lives from coast to coast.
On questions large and small, throughout his tenure as DAG, Jim’s guidance and wise counsel have made him an irreplaceable advisor, a proven and trusted leader, and a steadfast and valued friend.
Jim, I have been proud to know you, to work with you, and to depend upon you for close to four decades. I am honored to join everyone here in thanking you for your tireless work and faithful service over the years. And although you will be dearly missed by dedicated public servants at every level of the Justice Department – and although I will miss working with you a great deal – I want to join our valued colleagues in wishing you all the best as you move on to bigger and better things.
You will always be a treasured member of the Justice Department family. And I look forward to all that you’ll undoubtedly contribute and achieve in the months and years to come.
At this time, in recognition of your achievements and your many contributions over the years, it is my great privilege to present you with the highest award I can bestow on a Justice Department employee – the Edmund J. Randolph Award. Congratulations, my friend – and good luck.
Ladies and gentlemen, please join me in welcoming to the podium – our Deputy Attorney General, and my great friend, Jim Cole.
FDA ACKNOWLEDGES CONCERNS OF USING PAIN MEDICINES DURING PREGNANCY
FROM: U.S. FOOD AND DRUG ADMINISTRATION
The U.S. Food and Drug Administration (FDA) is aware of and understands the concerns arising from recent reports questioning the safety of prescription and over-the-counter (OTC) pain medicines when used during pregnancy. As a result, we evaluated research studies published in the medical literature and determined they are too limited to make any recommendations based on these studies at this time. Because of this uncertainty, the use of pain medicines during pregnancy should be carefully considered. We urge pregnant women to always discuss all medicines with their health care professionals before using them.
Severe and persistent pain that is not effectively treated during pregnancy can result in depression, anxiety, and high blood pressure in the mother. Medicines including nonsteroidal anti-inflammatory drugs (NSAIDs), opioids, and acetaminophen can help treat severe and persistent pain. However, it is important to carefully weigh the benefits and risks of using prescription and OTC pain medicines during pregnancy.
The published studies we reviewed reported on the potential risks associated with the following three types of pain medicines used during pregnancy (see Data Summary section for more information about these studies):
Prescription NSAIDs and the risk of miscarriage in the first half of pregnancy.Examples of prescription NSAIDs include ibuprofen, naproxen, diclofenac, and celecoxib.
Opioids, which are available only by prescription, and the risk of birth defects of the brain, spine, or spinal cord in babies born to women who took these products during the first trimester of pregnancy. Examples of opioids include oxycodone, hydrocodone, hydromorphone, morphine, and codeine.
Acetaminophen in both OTC and prescription products and the risk of attention deficit hyperactivity disorder (ADHD) in children born to women who took this medicine at any time during pregnancy. Acetaminophen is a common pain reducer and fever reducer found in hundreds of medicines including those used for colds, flu, allergies, and sleep.
We found all of the studies we reviewed to have potential limitations in their designs; sometimes the accumulated studies on a topic contained conflicting results that prevented us from drawing reliable conclusions. As a result, our recommendations on how pain medicines are used during pregnancy will remain the same at this time.
Pregnant women should always consult with their health care professional before taking any prescription or OTC medicine. Women taking pain medicines who are considering becoming pregnant should also consult with their health care professionals to discuss the risks and benefits of pain medicine use. Health care professionals should continue to follow the recommendations in the drug labels when prescribing pain medicines to pregnant patients.
The U.S. Food and Drug Administration (FDA) is aware of and understands the concerns arising from recent reports questioning the safety of prescription and over-the-counter (OTC) pain medicines when used during pregnancy. As a result, we evaluated research studies published in the medical literature and determined they are too limited to make any recommendations based on these studies at this time. Because of this uncertainty, the use of pain medicines during pregnancy should be carefully considered. We urge pregnant women to always discuss all medicines with their health care professionals before using them.
Severe and persistent pain that is not effectively treated during pregnancy can result in depression, anxiety, and high blood pressure in the mother. Medicines including nonsteroidal anti-inflammatory drugs (NSAIDs), opioids, and acetaminophen can help treat severe and persistent pain. However, it is important to carefully weigh the benefits and risks of using prescription and OTC pain medicines during pregnancy.
The published studies we reviewed reported on the potential risks associated with the following three types of pain medicines used during pregnancy (see Data Summary section for more information about these studies):
Prescription NSAIDs and the risk of miscarriage in the first half of pregnancy.Examples of prescription NSAIDs include ibuprofen, naproxen, diclofenac, and celecoxib.
Opioids, which are available only by prescription, and the risk of birth defects of the brain, spine, or spinal cord in babies born to women who took these products during the first trimester of pregnancy. Examples of opioids include oxycodone, hydrocodone, hydromorphone, morphine, and codeine.
Acetaminophen in both OTC and prescription products and the risk of attention deficit hyperactivity disorder (ADHD) in children born to women who took this medicine at any time during pregnancy. Acetaminophen is a common pain reducer and fever reducer found in hundreds of medicines including those used for colds, flu, allergies, and sleep.
We found all of the studies we reviewed to have potential limitations in their designs; sometimes the accumulated studies on a topic contained conflicting results that prevented us from drawing reliable conclusions. As a result, our recommendations on how pain medicines are used during pregnancy will remain the same at this time.
Pregnant women should always consult with their health care professional before taking any prescription or OTC medicine. Women taking pain medicines who are considering becoming pregnant should also consult with their health care professionals to discuss the risks and benefits of pain medicine use. Health care professionals should continue to follow the recommendations in the drug labels when prescribing pain medicines to pregnant patients.
Saturday, January 10, 2015
MORE AIRSTRIKES TARGET ISIL
FROM: U.S. DEFENSE DEPARTMENT
Inherent Resolve Airstrikes Target ISIL in Syria, Iraq
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 9, 2015 – U.S. and partner-nation military forces have 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.
Between 8 a.m. yesterday and 8 a.m. today, local time, fighter and bomber aircraft conducted five airstrikes in Syria, and six airstrikes using fighter and remotely piloted aircraft targeted ISIL elements in Iraq, officials said.
The airstrikes in Syria, all near Kobani, struck an ISIL fighting position and two ISIL tactical units and destroyed an ISIL building and seven ISIL fighting positions.
Airstrikes in Iraq
Officials provided the following details on the Iraq airstrikes:
-- Near Qaim, an airstrike destroyed an ISIL bunker.
-- Near Asad, two airstrikes struck an ISIL tactical unit and a large ISIL unit and destroyed two ISIL vehicles.
-- Near Sinjar, two airstrikes struck an ISIL tactical unit and destroyed an ISIL fighting position, an ISIL vehicle and an ISIL heavy weapon.
-- Near Mosul, an airstrike struck an ISIL building and an ISIL tactical unit.
Airstrike assessments are based on initial reports, officials noted.
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 it poses to Iraq, the region and the wider international community.
Coalition nations conducting airstrikes in Iraq include the United States, Australia, Belgium, Canada, Denmark, France, the Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the United States, Bahrain, Jordan, Saudi Arabia and the United Arab Emirates.
Inherent Resolve Airstrikes Target ISIL in Syria, Iraq
From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 9, 2015 – U.S. and partner-nation military forces have 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.
Between 8 a.m. yesterday and 8 a.m. today, local time, fighter and bomber aircraft conducted five airstrikes in Syria, and six airstrikes using fighter and remotely piloted aircraft targeted ISIL elements in Iraq, officials said.
The airstrikes in Syria, all near Kobani, struck an ISIL fighting position and two ISIL tactical units and destroyed an ISIL building and seven ISIL fighting positions.
Airstrikes in Iraq
Officials provided the following details on the Iraq airstrikes:
-- Near Qaim, an airstrike destroyed an ISIL bunker.
-- Near Asad, two airstrikes struck an ISIL tactical unit and a large ISIL unit and destroyed two ISIL vehicles.
-- Near Sinjar, two airstrikes struck an ISIL tactical unit and destroyed an ISIL fighting position, an ISIL vehicle and an ISIL heavy weapon.
-- Near Mosul, an airstrike struck an ISIL building and an ISIL tactical unit.
Airstrike assessments are based on initial reports, officials noted.
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 it poses to Iraq, the region and the wider international community.
Coalition nations conducting airstrikes in Iraq include the United States, Australia, Belgium, Canada, Denmark, France, the Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the United States, Bahrain, Jordan, Saudi Arabia and the United Arab Emirates.
FORMER JUDGE IN ARKANSAS PLEADS GUILTY TO ACCEPTING BRIBE
FROM: U.S. JUSTICE DEPARTMENT
Friday, January 9, 2015
Former Judge Pleads Guilty for Accepting Bribe During Campaign to be Elected to the Arkansas Court of Appeals
A former state circuit judge in Arkansas pleaded guilty today for accepting a bribe in exchange for reducing a negligence jury verdict against a Conway, Arkansas, company.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and First Assistant United States Attorney Patrick C. Harris of the Eastern District of Arkansas made the announcement.
Michael A. Maggio, 53, of Conway, Arkansas, pleaded guilty to a one-count information charging him with bribery concerning programs receiving federal funds. A sentencing hearing before Chief U.S. District Judge Brian S. Miller of the Eastern District of Arkansas will be scheduled at a later date.
As part of his plea agreement, Maggio admitted that in 2013, he served as an elected circuit judge for the state of Arkansas, Twentieth Judicial District, Second Division, presiding over a civil matter in Faulkner County Circuit Court. The plaintiff in that matter, the estate of a decedent, filed a complaint alleging, among other things, that a company, its owner, and others had neglected and mistreated the decedent leading to the decedent’s death while the decedent was in their care. On May 16, 2013, a jury returned a verdict in the plaintiff’s favor, awarding damages against the sole-remaining defendant, the company, in the amount of $5.2 million. Approximately one month later, the company filed a motion for new trial or to reduce the amount of damages awarded by the jury to the plaintiff.
Maggio further admitted that he formally announced his candidacy for the Arkansas Court of Appeals on June 27, 2013, while the post-trial motions were pending. On July 10, 2013, Maggio entered an order reducing the verdict against the company to $1 million. Prior to that order, a fundraiser for Maggio’s campaign told Maggio that the company’s owner had committed money to support Maggio’s campaign. The fundraiser also communicated with Maggio regarding the pending post-trial motions. On July 9, 2013, the owner donated approximately $24,000 to Maggio’s campaign. As part of his plea, Maggio admitted that his decision to remit the judgment was improperly influenced by the donations that his campaign received from the company’s owner. Maggio further acknowledged that he attempted to delete text messages between the fundraiser and himself after the media became aware of the illicit contributions to his campaign.
The case was investigated by the FBI’s Little Rock Field Office, and is being prosecuted by Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas.
Friday, January 9, 2015
Former Judge Pleads Guilty for Accepting Bribe During Campaign to be Elected to the Arkansas Court of Appeals
A former state circuit judge in Arkansas pleaded guilty today for accepting a bribe in exchange for reducing a negligence jury verdict against a Conway, Arkansas, company.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and First Assistant United States Attorney Patrick C. Harris of the Eastern District of Arkansas made the announcement.
Michael A. Maggio, 53, of Conway, Arkansas, pleaded guilty to a one-count information charging him with bribery concerning programs receiving federal funds. A sentencing hearing before Chief U.S. District Judge Brian S. Miller of the Eastern District of Arkansas will be scheduled at a later date.
As part of his plea agreement, Maggio admitted that in 2013, he served as an elected circuit judge for the state of Arkansas, Twentieth Judicial District, Second Division, presiding over a civil matter in Faulkner County Circuit Court. The plaintiff in that matter, the estate of a decedent, filed a complaint alleging, among other things, that a company, its owner, and others had neglected and mistreated the decedent leading to the decedent’s death while the decedent was in their care. On May 16, 2013, a jury returned a verdict in the plaintiff’s favor, awarding damages against the sole-remaining defendant, the company, in the amount of $5.2 million. Approximately one month later, the company filed a motion for new trial or to reduce the amount of damages awarded by the jury to the plaintiff.
Maggio further admitted that he formally announced his candidacy for the Arkansas Court of Appeals on June 27, 2013, while the post-trial motions were pending. On July 10, 2013, Maggio entered an order reducing the verdict against the company to $1 million. Prior to that order, a fundraiser for Maggio’s campaign told Maggio that the company’s owner had committed money to support Maggio’s campaign. The fundraiser also communicated with Maggio regarding the pending post-trial motions. On July 9, 2013, the owner donated approximately $24,000 to Maggio’s campaign. As part of his plea, Maggio admitted that his decision to remit the judgment was improperly influenced by the donations that his campaign received from the company’s owner. Maggio further acknowledged that he attempted to delete text messages between the fundraiser and himself after the media became aware of the illicit contributions to his campaign.
The case was investigated by the FBI’s Little Rock Field Office, and is being prosecuted by Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas.
SECRETARY KERRY'S STATEMENT ON SRI LANKAN ELECTIONS
FROM: U.S. STATE DEPARTMENT
Conclusion of Sri Lankan Elections and Election of Maithripala Sirisena
Press Statement
John Kerry
Secretary of State
Washington, DC
January 8, 2015
The Sri Lankan people deserve great credit on the successful conclusion of their elections. They turned out in great numbers to exercise their democratic rights and every vote was a victory for Sri Lanka.
The United States applauds the Sri Lankan Elections Commissioner, the security forces, Sri Lankan civil society, and the candidates themselves for making sure this election was not marred by unrest and for ensuring a significant drop in campaign-related violence. It will be important for that effort to continue in the coming days.
I commend President Rajapaksa for accepting the results of the election in the proud tradition of peaceful and orderly transfers of power in Sri Lanka. His words tonight about accepting the verdict of the people and moving forward are important.
I look forward to working with President-elect Maithripala Sirisena as his new government works to implement its campaign platform of a Sri Lanka that is peaceful, inclusive, democratic, and prosperous.
Conclusion of Sri Lankan Elections and Election of Maithripala Sirisena
Press Statement
John Kerry
Secretary of State
Washington, DC
January 8, 2015
The Sri Lankan people deserve great credit on the successful conclusion of their elections. They turned out in great numbers to exercise their democratic rights and every vote was a victory for Sri Lanka.
The United States applauds the Sri Lankan Elections Commissioner, the security forces, Sri Lankan civil society, and the candidates themselves for making sure this election was not marred by unrest and for ensuring a significant drop in campaign-related violence. It will be important for that effort to continue in the coming days.
I commend President Rajapaksa for accepting the results of the election in the proud tradition of peaceful and orderly transfers of power in Sri Lanka. His words tonight about accepting the verdict of the people and moving forward are important.
I look forward to working with President-elect Maithripala Sirisena as his new government works to implement its campaign platform of a Sri Lanka that is peaceful, inclusive, democratic, and prosperous.
FORMER ADOPTION AGENCY DIRECTOR PLEADS GUILTY FOR ROLE IN ETHIOPIAN ADOPTION FRAUD SCHEME
FROM: U.S. JUSTICE DEPARTMENT
Thursday, January 8, 2015
Former International Program Director of Adoption Agency Pleads Guilty to Ethiopian Adoption Fraud Scheme
The former International Program Director of International Adoption Guides Inc. (IAG), an adoption agency, pleaded guilty today to conspiring with others to defraud the United States by submitting fraudulent documents to the State Department for adoptions from Ethiopia and paying bribes to foreign officials.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Bill Nettles of the District of South Carolina made the announcement.
James Harding, 55, of Atlanta, Georgia, admitted as part of his guilty plea that, between 2008 and 2009, he and his co-conspirators submitted fraudulent documents to the State Department to facilitate adoptions of Ethiopian children by U.S. parents. Harding admitted that, in support of U.S. visa applications for the Ethiopian children, he and others submitted false documentation, including contracts of adoption signed by orphanages that could not properly give the children up for adoption because, for example, the child in question was never cared for or never resided at the orphanage.
In entering his guilty plea, Harding also admitted that he and others paid bribes to two Ethiopian officials so that those officials would help with the fraudulent adoptions. Specifically, Harding admitted that an audiologist and teacher at a government school was given money and other valuables in exchange for non-public medical information and social history information for potential adoptees. Additionally, Harding and his co-conspirators provided cash and all-expense paid travel to the head of a regional ministry for women’s and children’s affairs in exchange for his approval of IAG’s applications for intercountry adoptions and ignoring IAG’s failure to maintain a properly licensed adoption facility.
Harding pleaded guilty before Senior U.S. District Court Judge Sol Blatt Jr. of the District of South Carolina, and a sentencing hearing will be scheduled at a later date.
This ongoing investigation is being conducted by the Bureau of Diplomatic Security. The department appreciates the assistance of the Office of Children’s Issues at the U.S. Department of State. The case is being prosecuted by Trial Attorney John W. Borchert of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jamie Lea Schoen of the District of South Carolina.\
Thursday, January 8, 2015
Former International Program Director of Adoption Agency Pleads Guilty to Ethiopian Adoption Fraud Scheme
The former International Program Director of International Adoption Guides Inc. (IAG), an adoption agency, pleaded guilty today to conspiring with others to defraud the United States by submitting fraudulent documents to the State Department for adoptions from Ethiopia and paying bribes to foreign officials.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Bill Nettles of the District of South Carolina made the announcement.
James Harding, 55, of Atlanta, Georgia, admitted as part of his guilty plea that, between 2008 and 2009, he and his co-conspirators submitted fraudulent documents to the State Department to facilitate adoptions of Ethiopian children by U.S. parents. Harding admitted that, in support of U.S. visa applications for the Ethiopian children, he and others submitted false documentation, including contracts of adoption signed by orphanages that could not properly give the children up for adoption because, for example, the child in question was never cared for or never resided at the orphanage.
In entering his guilty plea, Harding also admitted that he and others paid bribes to two Ethiopian officials so that those officials would help with the fraudulent adoptions. Specifically, Harding admitted that an audiologist and teacher at a government school was given money and other valuables in exchange for non-public medical information and social history information for potential adoptees. Additionally, Harding and his co-conspirators provided cash and all-expense paid travel to the head of a regional ministry for women’s and children’s affairs in exchange for his approval of IAG’s applications for intercountry adoptions and ignoring IAG’s failure to maintain a properly licensed adoption facility.
Harding pleaded guilty before Senior U.S. District Court Judge Sol Blatt Jr. of the District of South Carolina, and a sentencing hearing will be scheduled at a later date.
This ongoing investigation is being conducted by the Bureau of Diplomatic Security. The department appreciates the assistance of the Office of Children’s Issues at the U.S. Department of State. The case is being prosecuted by Trial Attorney John W. Borchert of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jamie Lea Schoen of the District of South Carolina.\
Friday, January 9, 2015
EPA TAKES ACTION PROTECTING CONSUMERS FROM TOLUENE DIISOCYANATES
FROM: U.S. EPA
Today, EPA is taking action to protect consumers from new uses and imports of the harmful chemicals Toluene Diisocyanates (TDI).
These chemicals are currently widely used in residual amounts in the production of polyurethanes and consumer products, such as coatings, elastomers, adhesives, and sealants and can be found in products used in and around homes or schools. Diisocyanates are well known dermal and inhalation sensitizers in the workplace and can cause asthma, lung damage, and in severe cases, death.
The proposed decision would give EPA the opportunity to evaluate and if necessary, to take action to prohibit or limit the use of the chemicals at greater than 0.1% in coatings, adhesives, elastomers, binders, and sealants in consumer products including imported consumer products that make their way into the United States. For all other uses in a consumer products, EPA would have the opportunity to evaluate the use of the chemicals at any level.
EPA’s proposed action, a Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA), would require manufacturers (including importers) to notify EPA at least 90 days before starting or resuming these new uses in consumer products. EPA would then have the opportunity to evaluate the intended use of the chemicals and, if necessary, take action to prohibit or limit the activity.
Today, EPA is taking action to protect consumers from new uses and imports of the harmful chemicals Toluene Diisocyanates (TDI).
These chemicals are currently widely used in residual amounts in the production of polyurethanes and consumer products, such as coatings, elastomers, adhesives, and sealants and can be found in products used in and around homes or schools. Diisocyanates are well known dermal and inhalation sensitizers in the workplace and can cause asthma, lung damage, and in severe cases, death.
The proposed decision would give EPA the opportunity to evaluate and if necessary, to take action to prohibit or limit the use of the chemicals at greater than 0.1% in coatings, adhesives, elastomers, binders, and sealants in consumer products including imported consumer products that make their way into the United States. For all other uses in a consumer products, EPA would have the opportunity to evaluate the use of the chemicals at any level.
EPA’s proposed action, a Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA), would require manufacturers (including importers) to notify EPA at least 90 days before starting or resuming these new uses in consumer products. EPA would then have the opportunity to evaluate the intended use of the chemicals and, if necessary, take action to prohibit or limit the activity.
FORMER ANGOLA PRISON CORRECTIONS OFFICERS SENTENCED FOR ABUSING INMATE, COVER-UP
FROM: U.S. JUSTICE DEPARTMENT
Thursday, January 8, 2015
Three Former Correctional Officers At Angola Prison Sentenced for Abusing an Inmate and Cover-Up
Three former correctional officers with the Louisiana State Penitentiary in Angola, Louisiana, were sentenced today before United States District Judge James J. Brady for the Middle District of Louisiana for abusing an inmate and engaging in conduct to cover up the criminal conduct. Mark Sharp, 33, received 73 months. Kevin Groom, 47, was sentenced to one year probation and a $500 fine. Matthew Cody Butler, 29, received two years probation and a $3,000 fine.
According to court documents filed in connection with their guilty pleas, on January 24, 2010, defendants Groom, Sharp and Butler were on duty as correctional officials when they learned that an inmate had escaped from his assigned location. Shortly after the defendants joined the search for the escapee, the inmate surrendered to prison officials. The inmate was handcuffed behind his back and placed in the back of a pick-up truck to be transported to the medical unit. Groom, Butler, and Sharp escorted the inmate on the back of that truck. During the drive to the medical unit, Sharp repeatedly struck the inmate with an baton. During the ensuring investigation of the inmate’s complaint that officers had abused him, Groom and Butler engaged in various conduct to cover up the assault.
Sharp pleaded guilty to violating the civil rights of the inmate and to making false statements to the FBI. Groom pleaded guilty to falsifying records in a federal investigation and making false statements to the FBI. Butler pleaded guilty to misprision of a felony.
Another former officer, Jason Giroir, also pleaded guilty on May 29, 2013, to falsifying a report and making a false statement to the FBI. He will be sentenced separately on January 29, 2015.
“The vast majority of American law enforcement officers conduct themselves with honor,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “But when law enforcement officers abuse inmates and attempt to cover-up their misconduct, the Department of Justice stands ready to hold those officers accountable for their conduct.”
“It is unfortunate that the defendants’ criminal activities threaten to overshadow the courageous and outstanding work performed every day by the vast majority of law enforcement officers, both inside and outside the penal system,” said U.S. Attorney J. Walter Green for the Middle District of Louisiana.
“This thorough and patient investigation not only resulted in the full accountability of all correctional officers involved, but also demonstrated unwavering adherence to the procedural rights of the victim and accused,” said Special Agent in Charge Michael J. Anderson of the FBI’s New Orleans Office.
The investigation in this matter was conducted by Special Agent Taneka Harris of the Federal Bureau of Investigation and prosecuted by Civil Rights Division Trial Attorney AeJean Cha and Assistant U.S. Attorney Robert W. Piedrahita.
Thursday, January 8, 2015
Three Former Correctional Officers At Angola Prison Sentenced for Abusing an Inmate and Cover-Up
Three former correctional officers with the Louisiana State Penitentiary in Angola, Louisiana, were sentenced today before United States District Judge James J. Brady for the Middle District of Louisiana for abusing an inmate and engaging in conduct to cover up the criminal conduct. Mark Sharp, 33, received 73 months. Kevin Groom, 47, was sentenced to one year probation and a $500 fine. Matthew Cody Butler, 29, received two years probation and a $3,000 fine.
According to court documents filed in connection with their guilty pleas, on January 24, 2010, defendants Groom, Sharp and Butler were on duty as correctional officials when they learned that an inmate had escaped from his assigned location. Shortly after the defendants joined the search for the escapee, the inmate surrendered to prison officials. The inmate was handcuffed behind his back and placed in the back of a pick-up truck to be transported to the medical unit. Groom, Butler, and Sharp escorted the inmate on the back of that truck. During the drive to the medical unit, Sharp repeatedly struck the inmate with an baton. During the ensuring investigation of the inmate’s complaint that officers had abused him, Groom and Butler engaged in various conduct to cover up the assault.
Sharp pleaded guilty to violating the civil rights of the inmate and to making false statements to the FBI. Groom pleaded guilty to falsifying records in a federal investigation and making false statements to the FBI. Butler pleaded guilty to misprision of a felony.
Another former officer, Jason Giroir, also pleaded guilty on May 29, 2013, to falsifying a report and making a false statement to the FBI. He will be sentenced separately on January 29, 2015.
“The vast majority of American law enforcement officers conduct themselves with honor,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “But when law enforcement officers abuse inmates and attempt to cover-up their misconduct, the Department of Justice stands ready to hold those officers accountable for their conduct.”
“It is unfortunate that the defendants’ criminal activities threaten to overshadow the courageous and outstanding work performed every day by the vast majority of law enforcement officers, both inside and outside the penal system,” said U.S. Attorney J. Walter Green for the Middle District of Louisiana.
“This thorough and patient investigation not only resulted in the full accountability of all correctional officers involved, but also demonstrated unwavering adherence to the procedural rights of the victim and accused,” said Special Agent in Charge Michael J. Anderson of the FBI’s New Orleans Office.
The investigation in this matter was conducted by Special Agent Taneka Harris of the Federal Bureau of Investigation and prosecuted by Civil Rights Division Trial Attorney AeJean Cha and Assistant U.S. Attorney Robert W. Piedrahita.
FBI ARRESTS FIVE INVOLVED IN ALABAMA CRIME ORGANIZATION
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, January 7, 2015
FBI Arrests Defendants Charged with Trafficking Heroin and Other Drugs in Jefferson County
FBI agents today arrested five of six Jefferson County, Alabama, men indicted by a federal grand jury in November on charges they operated an illegal organization trafficking heroin, cocaine, prescription painkillers and other drugs in the western part of the county. The sixth defendant already was in custody in Jefferson County on state charges related to the drug-trafficking organization.
U.S. Attorney Joyce White Vance, FBI Acting Special Agent in Charge Robert E. Haley III, Jefferson County Sheriff Mike Hale, Hueytown Police Chief Chuck Hagler and Special Agent in Charge Veronica Hyman-Pillot of the Internal Revenue Service Criminal Investigation Division announced today's arrests.
The November indictment charges Ladaryl Keith "Eric" Spriggs, 30, Michael "Mike" Watson Jr., 28, Boris Bernard "Buck" Edwards, 45, and Marquis Rashad "Bobo" Abernathy, 23, all of Brighton, Alabama, as well as Damien Jamaar "Two for 15" Scott, 29, of Bessemer, Alabama, and Antione Rashun "Twan" Bell, 29, of Birmingham, Alabama, with conspiring to distribute heroin, cocaine, marijuana, oxycodone, codeine, hydrocodone, suboxone and alprazolam between August 2013 and Nov. 17, 2014.
Arrested today were Spriggs, Watson, Abernathy, Edwards and Bell. Scott was already in custody.
"The indictment and arrests of these defendants reflects my office's commitment to work with law enforcement to battle the country's epidemic problem of heroin and opioid painkiller abuse on the supply side," said U.S. Attorney Vance. "There have been at least 123 heroin overdose deaths in Jefferson County, alone, in 2014. As a community, we must wage battle on many fronts, including seeking more education and awareness about opiate abuse and more addiction treatment options."
“This investigation shows the FBI’s resolve to target organizations that are bringing heroin and other dangerous drugs into the Birmingham area," said FBI Acting Special Agent in Charge Haley. "Today, along with our law enforcement partners, we were able to remove dangerous people from the streets and take another step toward making our community safer.”
"The drug trade is a deadly business and none more deadly than heroin," said Sheriff Hale. "This investigation and subsequent number of arrests will certainly have a positive impact in our area, as these are major players in this deadly game. Lives will be saved because of it. I want to thank United States Attorney Joyce Vance and her team, along with all of the federal and local enforcement partners for their commitment to this initiative. We are a powerful force working together and we are committed to continuing this fight.”
"The heroin problem is a metro-wide epidemic that needs a cooperative response from law enforcement, on all levels, across the area," said Police Chief Hagler. "The leadership shown by the U.S. Attorney’s Office on this issue has been both welcomed and effective. I’m sure I speak for all my fellow police chiefs when I say we appreciate Joyce Vance’s efforts in helping to spearhead a multi-agency law enforcement strategy to deal with this threat to all our communities."
According to the indictment, Spriggs, Watson and Abernathy are charged with trafficking more than 1,000 grams of heroin as part of the conspiracy, and Scott's, Bell's and Edwards' participation in the conspiracy involved more than 100 grams of heroin.
Count 2 of the indictment charges Spriggs and Watson with possessing and intending to distribute heroin and oxycodone from a Fairfield, Alabama, house located within 1,000 feet of a public school, Fairfield High School, on July 17.
Count 3 charges Spriggs, Scott and Watson with possessing and intending to distribute heroin on August 8.
The remaining 11 counts variously charge all defendants, except Scott, with using a telephone to facilitate a drug-trafficking crime.
The indictment seeks a forfeiture judgment of at least $1 million from the defendants as proceeds of illegal activity.
The maximum penalty for conspiracy to distribute drugs illegally is 20 years in prison and a $1 million fine. Conspiracy to distribute more than 1,000 grams of heroin carries a penalty of 10 years to life in prison and a $10 million fine, and conspiracy to distribute 100 grams or more of heroin carries a penalty of five to 40 years in prison and a $5 million fine.
The maximum penalty for possessing with intent to distribute heroin or oxycodone is 20 years in prison and a $1 million fine. The maximum penalty doubles for distribution within 1,000 feet of a school.
The maximum penalty for using a telephone to facilitate a drug-trafficking crime is four years in prison and a $250,000 fine.
The FBI's Safe Streets Task Force investigated the case, in conjunction with the Jefferson County Sheriff's Office, Hueytown Police and IRS-CID. Assistant U.S. Attorney Gregory R. Dimler is prosecuting the case.
The public is reminded that an indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Wednesday, January 7, 2015
FBI Arrests Defendants Charged with Trafficking Heroin and Other Drugs in Jefferson County
FBI agents today arrested five of six Jefferson County, Alabama, men indicted by a federal grand jury in November on charges they operated an illegal organization trafficking heroin, cocaine, prescription painkillers and other drugs in the western part of the county. The sixth defendant already was in custody in Jefferson County on state charges related to the drug-trafficking organization.
U.S. Attorney Joyce White Vance, FBI Acting Special Agent in Charge Robert E. Haley III, Jefferson County Sheriff Mike Hale, Hueytown Police Chief Chuck Hagler and Special Agent in Charge Veronica Hyman-Pillot of the Internal Revenue Service Criminal Investigation Division announced today's arrests.
The November indictment charges Ladaryl Keith "Eric" Spriggs, 30, Michael "Mike" Watson Jr., 28, Boris Bernard "Buck" Edwards, 45, and Marquis Rashad "Bobo" Abernathy, 23, all of Brighton, Alabama, as well as Damien Jamaar "Two for 15" Scott, 29, of Bessemer, Alabama, and Antione Rashun "Twan" Bell, 29, of Birmingham, Alabama, with conspiring to distribute heroin, cocaine, marijuana, oxycodone, codeine, hydrocodone, suboxone and alprazolam between August 2013 and Nov. 17, 2014.
Arrested today were Spriggs, Watson, Abernathy, Edwards and Bell. Scott was already in custody.
"The indictment and arrests of these defendants reflects my office's commitment to work with law enforcement to battle the country's epidemic problem of heroin and opioid painkiller abuse on the supply side," said U.S. Attorney Vance. "There have been at least 123 heroin overdose deaths in Jefferson County, alone, in 2014. As a community, we must wage battle on many fronts, including seeking more education and awareness about opiate abuse and more addiction treatment options."
“This investigation shows the FBI’s resolve to target organizations that are bringing heroin and other dangerous drugs into the Birmingham area," said FBI Acting Special Agent in Charge Haley. "Today, along with our law enforcement partners, we were able to remove dangerous people from the streets and take another step toward making our community safer.”
"The drug trade is a deadly business and none more deadly than heroin," said Sheriff Hale. "This investigation and subsequent number of arrests will certainly have a positive impact in our area, as these are major players in this deadly game. Lives will be saved because of it. I want to thank United States Attorney Joyce Vance and her team, along with all of the federal and local enforcement partners for their commitment to this initiative. We are a powerful force working together and we are committed to continuing this fight.”
"The heroin problem is a metro-wide epidemic that needs a cooperative response from law enforcement, on all levels, across the area," said Police Chief Hagler. "The leadership shown by the U.S. Attorney’s Office on this issue has been both welcomed and effective. I’m sure I speak for all my fellow police chiefs when I say we appreciate Joyce Vance’s efforts in helping to spearhead a multi-agency law enforcement strategy to deal with this threat to all our communities."
According to the indictment, Spriggs, Watson and Abernathy are charged with trafficking more than 1,000 grams of heroin as part of the conspiracy, and Scott's, Bell's and Edwards' participation in the conspiracy involved more than 100 grams of heroin.
Count 2 of the indictment charges Spriggs and Watson with possessing and intending to distribute heroin and oxycodone from a Fairfield, Alabama, house located within 1,000 feet of a public school, Fairfield High School, on July 17.
Count 3 charges Spriggs, Scott and Watson with possessing and intending to distribute heroin on August 8.
The remaining 11 counts variously charge all defendants, except Scott, with using a telephone to facilitate a drug-trafficking crime.
The indictment seeks a forfeiture judgment of at least $1 million from the defendants as proceeds of illegal activity.
The maximum penalty for conspiracy to distribute drugs illegally is 20 years in prison and a $1 million fine. Conspiracy to distribute more than 1,000 grams of heroin carries a penalty of 10 years to life in prison and a $10 million fine, and conspiracy to distribute 100 grams or more of heroin carries a penalty of five to 40 years in prison and a $5 million fine.
The maximum penalty for possessing with intent to distribute heroin or oxycodone is 20 years in prison and a $1 million fine. The maximum penalty doubles for distribution within 1,000 feet of a school.
The maximum penalty for using a telephone to facilitate a drug-trafficking crime is four years in prison and a $250,000 fine.
The FBI's Safe Streets Task Force investigated the case, in conjunction with the Jefferson County Sheriff's Office, Hueytown Police and IRS-CID. Assistant U.S. Attorney Gregory R. Dimler is prosecuting the case.
The public is reminded that an indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
LOUISIANA RESIDENT PLEADS GUILTY TO PIPELINE SAFETY VIOLATIONS AND FALSE STATEMENTS
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, January 7, 2015
Pipeline Corrosion Monitor Pleads Guilty to Pipeline Safety Violations and False Statements
Randy Jones, 44, a former corrosion coordinator for Shell Pipeline Company L.P. (Shell), pleaded guilty in Milwaukee today to failing to conduct bi-monthly voltage readings and an annual survey of a pipeline used to transport jet fuel in violation of the Pipeline Safety Act (PSA) and making a false statement to the Pipeline and Hazardous Material Safety Administration (PHMSA).
Jones, a resident of Louisiana, pleaded guilty to knowingly failing to conduct required safety test between January and December 2011 and submitting false data to PHMSA. The violations were in connection with a pipeline owned by Shell that delivered commercial aviation jet fuel to General Mitchell International Airport in Milwaukee, Wisconsin. In January 2012 a hole was discovered in the pipeline at Mitchell Airport after jet fuel began showing up in soil surrounding the airport and in nearby Wilson Creek. Fuel eventually reached and melted asphalt on airport property. Shell reported that approximately 9,000 gallons of jet fuel was released. The response and cleanup cost for the spill was approximately $19.3 million.
Jones was employed by Shell from 1992 through 2012. From 2010 until 2012, Jones was employed as a corrosion coordinator and was responsible for Shell pipelines servicing Mitchell and Chicago O’Hare airports. Jones failed to conduct the required testing for 2011 and when advised of an audit by PHMSA scheduled for December 2011, he submitted false data indicating the required test had been conducted.
Consistent with requirements of the PSA, which establishes standards for the safe operation of the hazardous materials in pipelines, buried or submerged metal pipelines must be protected to prevent corrosion. This involves the use of a device called a rectifier which applies a negative current to soil near the pipeline to keep corrosion away from the pipe. The operator of the pipeline is required to conduct bi-monthly readings of the voltage generated from a rectifier and conduct an annual survey of the pipeline to insure that the pipeline is adequately protected from corrosion. PHMSA is the primary agency responsible for regulating and enforcing the PSA.
An information charging Jones with two counts of violating the PSA and one false statement violation was filed on Nov. 14, 2014. Under the terms of the plea agreement, each offense charged carries a maximum prison sentence of five years. The sentencing is set for April 30, 2015.
The case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division, U.S. Coast Guard Investigative Service, U.S. Department of Transportation Office of Inspector General, and FBI, with assistance from PHMSA. The case was prosecuted by Jennifer A. Whitfield of the Environmental Crimes Section of the Department of Justice and Tracy M. Johnson of the U.S. Attorney’s Office for the Eastern District of Wisconsin.
Wednesday, January 7, 2015
Pipeline Corrosion Monitor Pleads Guilty to Pipeline Safety Violations and False Statements
Randy Jones, 44, a former corrosion coordinator for Shell Pipeline Company L.P. (Shell), pleaded guilty in Milwaukee today to failing to conduct bi-monthly voltage readings and an annual survey of a pipeline used to transport jet fuel in violation of the Pipeline Safety Act (PSA) and making a false statement to the Pipeline and Hazardous Material Safety Administration (PHMSA).
Jones, a resident of Louisiana, pleaded guilty to knowingly failing to conduct required safety test between January and December 2011 and submitting false data to PHMSA. The violations were in connection with a pipeline owned by Shell that delivered commercial aviation jet fuel to General Mitchell International Airport in Milwaukee, Wisconsin. In January 2012 a hole was discovered in the pipeline at Mitchell Airport after jet fuel began showing up in soil surrounding the airport and in nearby Wilson Creek. Fuel eventually reached and melted asphalt on airport property. Shell reported that approximately 9,000 gallons of jet fuel was released. The response and cleanup cost for the spill was approximately $19.3 million.
Jones was employed by Shell from 1992 through 2012. From 2010 until 2012, Jones was employed as a corrosion coordinator and was responsible for Shell pipelines servicing Mitchell and Chicago O’Hare airports. Jones failed to conduct the required testing for 2011 and when advised of an audit by PHMSA scheduled for December 2011, he submitted false data indicating the required test had been conducted.
Consistent with requirements of the PSA, which establishes standards for the safe operation of the hazardous materials in pipelines, buried or submerged metal pipelines must be protected to prevent corrosion. This involves the use of a device called a rectifier which applies a negative current to soil near the pipeline to keep corrosion away from the pipe. The operator of the pipeline is required to conduct bi-monthly readings of the voltage generated from a rectifier and conduct an annual survey of the pipeline to insure that the pipeline is adequately protected from corrosion. PHMSA is the primary agency responsible for regulating and enforcing the PSA.
An information charging Jones with two counts of violating the PSA and one false statement violation was filed on Nov. 14, 2014. Under the terms of the plea agreement, each offense charged carries a maximum prison sentence of five years. The sentencing is set for April 30, 2015.
The case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division, U.S. Coast Guard Investigative Service, U.S. Department of Transportation Office of Inspector General, and FBI, with assistance from PHMSA. The case was prosecuted by Jennifer A. Whitfield of the Environmental Crimes Section of the Department of Justice and Tracy M. Johnson of the U.S. Attorney’s Office for the Eastern District of Wisconsin.
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