Wednesday, March 18, 2015

SECRETARY KERRY'S REMARKS ON ATTACK IN TUNIS, TUNISIA

FROM:  U.S. STATE DEPARTMENT
Attack on the National Bardo Museum in Tunis, Tunisia
Press Statement
John Kerry
Secretary of State
Washington, DC
March 18, 2015

The United States condemns in the strongest possible terms today’s deadly terrorist attack at the National Bardo Museum in Tunis, where gunmen killed 19 people and wounded more than 20 others. We extend our heartfelt sympathy to the victims’ families and loved ones. We commend Tunisian authorities’ rapid response to today’s wanton violence and their efforts to resolve the hostage situation and restore calm. The United States stands with the Tunisian people at this difficult time and continues to support the Tunisian government’s efforts to advance a secure, prosperous, and democratic Tunisia.

LISA KUBISKE MAKES REMARKS ON U.S. INVESTMENT TREATIES

FROM:  U.S. STATE DEPARTMENT
U.S. Investment Treaties: Working For Investors and Government
Remarks
Lisa J. Kubiske
Deputy Assistant Secretary for International Finance and Development, Bureau of Economic and Business Affairs
OECD Conference Center
Paris, France
March 16, 2015
As prepared

I thank the OECD for hosting this workshop on international investment agreements and treaties, and am pleased to share the U.S. experience with you. I’ll make three points.

The first is that we use our international investment agreements both to promote fair treatment for investors, and to leverage investment to support economic growth.

Taking the latter (growth) first, we know that investment is vital to the global economy. OECD research shows that multinational enterprises employ nearly 80 million people worldwide and their global sales are roughly double world exports. A third of global trade is intra-firm trade. Approximately 18 percent of U.S. merchandise exports are sent by U.S. parent companies to their foreign affiliates.

Investment also supports sustainable development. I am involved in the US Government’s preparation for the UN Financing for Development conference in Addis Ababa in July. A key focus will be mobilizing international resources for development, including foreign direct investment and other private investment flows. This is critical, because official development assistance alone cannot meet all the challenges facing the developing world.

Strong investment agreements help create a healthy investment environment. They contain core investor protections that help countries compete for foreign direct investment by supporting transparency, predictability, and openness to investment. Businessmen tell us they consider these factors when deciding where and how much to invest. This healthy environment creates opportunity and broadly shared prosperity. Remember the 80 million jobs?

Also, in our experience, investment agreements often complement countries’ efforts toward economic reform.

A key aspect of ensuring the fair treatment of investors is having strong investor-State Dispute Settlement (ISDS) provisions, which allows for the fair and efficient resolution of disputes. In the days before BITs, disputes frequently became tense bilateral diplomatic issues. ISDS has served to depoliticize investment disputes.

The United States now has 50 investment agreements in place, and we are actively negotiating new ones, including a BIT with China, and investment chapters in TPP and TTIP.

My second point is that it is possible to strike a balance in investment agreements between investor interests and governments’ regulatory ones.

Stakeholders have raised some valid concerns with certain provisions of some BITs.

We have held extensive public consultations to develop our current – 2012 – model BIT. These consultations were further informed by the experiences of our U.S. investors abroad, our efforts to attract investment into the United States, and what we have learned to date as a State defending ourselves against arbitration claims.

Our current model includes several important innovations that help improve the ISDS process and avoid inappropriate claims. For example:

We provide greater clarification of key obligations, such as “fair & equitable treatment” and “expropriation;”
We build in mechanisms to dismiss frivolous claims early in the process;
There also are mechanisms for the Parties to help ensure that tribunals interpret the treaty correctly;
We provide for full transparency of ISDS proceedings, requiring public documents and open hearings, and affording the opportunity for outside parties to submit amicus curiae submissions.

These advancements are intended to create a process that investors can rely on, and also one that is transparent and not subject to abuse.

Third and final point: there are various ways to manage the existing network of investment treaties/agreements to ensure that both investor and government interests are preserved. We can, for example:

Improve countries’ capacity to meet their international obligations,
Monitor developments in investor-State arbitration, and
Foster dialogue and mutual understanding on key issues.

We value open, inclusive, and multilateral dialogue on investment rules – such as we are having today.

Thank you.

AG HOLDER'S REMARKS ON MY BROTHER'S KEEPER

FROM:  U.S. JUSTICE DEPARTMENT
Attorney General Holder Delivers Remarks on My Brother's Keeper at the Center for American Progress
Washington, DCUnited States ~ Wednesday, March 18, 2015
Remarks as prepared for delivery

Thank you, Neera [Tanden], for that kind introduction.  It’s a pleasure to be here with you today, and a privilege to join so many passionate citizens, committed public servants and dedicated advocates as we mark the one-year anniversary of the president’s groundbreaking My Brother’s Keeper initiative.  There is no place I would rather be in my closing days as Attorney General than with all of you.  Or, at least, these should be my closing days.  Given the Senate’s delays in scheduling Loretta Lynch’s nomination for a vote, it’s almost as if the Republicans in Congress have discovered a new fondness for me.  Where was all this affection the last six years?

But seriously, it’s fitting that one of my final events as Attorney General will be about My Brother’s Keeper because it speaks to issues that have been at the forefront of my work and at the center of my thoughts throughout my professional career.

During my time as a judge on the Superior Court in Washington, D.C., I saw how people who were convicted of crimes too often had been previously trapped in a cycle of poverty, familial instability, juvenile criminality and adult incarceration.  I observed how this cycle could weaken communities, tear already weak family structures apart and ultimately destroy individual lives.  And day after day, I watched lines of young people—most often young men of color—stream through my courtroom.  I began to recognize their faces, and to recall their too-common and recurring stories, because too many of the people I sentenced served their time, were released from prison, and sooner or later returned to the same behavior that had led them to my courtroom in the first place.

Many of these individuals were not fundamentally different from me, or from the people I grew up with in East Elmhurst, in Queens, New York City—friends, classmates, neighbors and peers—some of whom didn’t catch the same breaks, made mistakes or poor choices, and got involved in the criminal justice system with no real ability to reclaim their lives or recast their futures.  So when I returned to the Department of Justice, I insisted on doing my part to make our criminal justice system more efficient, more effective and more fair—as U.S. Attorney for the District of Columbia, as Deputy Attorney General and, for the last six years, as Attorney General of the United States.

During my tenure in the Obama Administration, particularly through the Smart on Crime initiative, we have worked to reform our criminal justice system at every level.  Our primary responsibility—which we have never lost sight of—is public safety and individual accountability.  But we have reduced our reliance on draconian mandatory minimum sentencing, increased our use of rehabilitation programs like drug courts and veterans courts, and expanded assistance for formerly incarcerated individuals as they re-enter society.

These are important improvements, and all available results demonstrate that our approach has been extremely effective.  But in addition to modifying the way we charge, sentence and release men and women who are involved in crimes, we also have a vital role to play in preventing people from coming into contact with the criminal justice system in the first place.  That means ending the school-to-prison pipeline that sends too many children on a well-worn path from the schoolhouse to the jailhouse.  It means employing a developmentally-informed approach to prevent violence against children and to alleviate the devastating harm that comes from abuse.  And it means addressing persistent opportunity gaps faced by boys and young men of color through initiatives like My Brother’s Keeper and ensuring that all our young people can reach their full potential.

The fundamental idea behind this initiative is that every child in America should have the opportunity to grow, to succeed, and to contribute to their community and their country.  Because it is clear that, despite our best efforts, some children still face significant opportunity gaps that put them at a disadvantage—that make them less likely to graduate from high school; less likely to get a well-paying job; and less likely to join the middle class.  It makes them more likely to slip below the poverty line, or to stay there; more likely to suffer violence and abuse; and more likely to become involved in the criminal justice system.

The My Brother’s Keeper initiative is designed to support the progress of these individuals—with mentorships, with support networks and with public-private partnerships that help our young people develop the skills they need to find a good job, to go to college, to raise a family and to succeed.  Most importantly, on a fundamental level, My Brother’s Keeper sends a message that these young people matter to us.  They matter to their country.  They matter to their president.  And they matter to me—an Attorney General who is so much like them.  We as a nation will never give up on them—and we must refuse to let them give up on themselves.

Over the last year, we have made significant progress.  We have joined with cities and towns, businesses, and foundations that are taking steps to connect young people to the resources they need to get a good education, to improve their lives and to work their way into the middle class.  We have launched the My Brother’s Keeper Community Challenge—an important call for communities to implement long-term strategies for improving the life outcomes of all young people.  And we have established the National Initiative for Building Community Trust and Justice—a nationwide program designed to enhance procedural justice, reduce implicit bias and support racial reconciliation.

Just last week, I was proud to announce six cities selected to serve as pilot sites under this initiative—to develop programs that will work to dispel the mistrust that plagues too many neighborhoods, and to create innovative new efforts that will help build and maintain the bonds between law enforcement officers and the communities they serve, wherever those bonds have been broken.  Those six cities—Birmingham, Alabama; Stockton, California; Gary, Indiana; Minneapolis, Minnesota; Pittsburgh, Pennsylvania; and Fort Worth, Texas—will stand on the front lines of this effort.  And by helping to develop programs that serve their own diverse experiences, these cities will provide trailblazing insight and essential information for our ongoing efforts to confront pressing, similar issues in other communities across the country.

As you know, these are not abstract concepts—they are vital steps that we must take to improve our communities, to strengthen our public safety programs and to save lives.  Recently, we’ve received painful reminders about the importance of initiatives like this one.  We’ve endured sudden, rancorous challenges to the idea that we are one united people.  And we’ve seen how quickly and how easily a split-second local incident can give way to enduring national strife and tragedy—to parents who are left without their children; to young people forever deprived of a role model; to brave officers killed while serving their communities; and to citizens across the country who fear walking their neighborhoods and cops who fear patrolling their beats.

That is a reality that is incompatible with the spirit of this country—a country founded on the notion of brotherhood; of shared vision and common effort.  A country that views “we the people” as a declaration of the inextricable links that connect us to one another.  As then-State Senator Obama said in a convention hall in Boston just over a decade ago, “it is that fundamental belief—I am my brother’s keeper, I am my sister’s keeper—that makes this country work.”

Now, our society has not always lived up to that promise.  America has been sorely tested—by long-ago injustices that nearly split our Union, and by systemic biases that still fester in too many institutions today.  But over nearly 250 years of debate, of argument and of slow and deliberate progress, there can be no doubt that we have moved closer to our highest ideals; that we have advanced toward a brighter horizon; and that we have bent the arc of the moral universe—haltingly, but with great determination and clarity of purpose—toward justice.

From revolution to emancipation; from the suffragists to the Freedom Riders; from Selma to Stonewall, countless men, women and children of strong character and enduring faith have pulled this country forward, toward a new day when all Americans can succeed no matter who they are, no matter what they look like, no matter where they’re from, and no matter whom they love—whether they are rich or poor, young or old, gay or straight, famous or unknown.  Whether they are an individual born with all the advantages this country has to offer, or a young man of color faced with difficult choices and an uncertain future.  We’re not there yet.  But today—right now—it is up to all of us to take up that challenge, to continue that effort and to resume the march that so many have sacrificed so much to advance.

I know that this work will not always be simple.  Longstanding inequities will not be easily corrected, historic divides will not be healed overnight, and leaders in government, no matter how committed, cannot do this work alone.  That is why the private partnerships being forged in response to My Brother’s Keeper are so crucial, and why I have been proud to work with—and in some cases, to help establish—extraordinary nonprofit organizations that extend a hand to at-risk youth across the country—organizations like the See Forever Foundation, Safe Shores, and The Alliance for Concerned Men.

In conversations with public safety officers, community and business leaders, activists, and young people across the country—in Atlanta, Cleveland, Memphis, Chicago, Philadelphia, Oakland, and San Francisco—I have found broad agreement that we can work together to create safer, more prosperous communities.  I have encountered an overriding desire to collaborate toward that end.  And I have been struck not by our divisions, but by our common interest in creating the more just society that all Americans deserve.

As I look around this room today—at the dedicated citizens who have a hand in this country’s direction and the young people who will guide it for years to come—I cannot help being optimistic.  I cannot help anticipating that brighter day.  And I cannot help feeling confident about all that we will achieve together.

In the coming days, my tenure as Attorney General of the United States will come to an end.  But whenever I do depart the Obama Administration, I will never leave this work.  I will never abandon this mission.  And I will never relinquish this effort to help build the more equal country—and the more just society—that all Americans deserve.  I look forward to continuing to work with all of you as we seek to make our Union more perfect.

REFUND CHECKS SENT TO PERSONS WHO LOST MONEY BUYING ADVACAL CALCIUM SUPPLEMENT

FROM:  U.S. FEDERAL TRADE COMMISSION
FTC Sending Refund Checks Totaling Nearly $955,000 to Consumers Who Lost Money Buying Lane Labs’ AdvaCAL Calcium Supplement
More Than 17,600 Checks Are Being Mailed Starting Today
FOR RELEASE
March 18, 2015

The Federal Trade Commission is mailing 17,606 refund checks totaling $954,828.31 starting today to consumers who lost money buying a supposedly superior calcium supplement marketed by Lane Labs-USA Inc. and its president Andrew Lane. The amount each consumer receives will vary based on how much they lost.

The refunds are being made from money collected under a 2010 U.S. Court of Appeals ruling and 2011 district court decision finding Lane Labs in contempt of a 2000 order, based on the company’s false and unsubstantiated claims for its calcium supplement, AdvaCAL. Lane Labs claimed that AdvaCAL was the only calcium supplement that could increase bone density, and was on par or superior to prescription drugs used to treat osteoporosis.

Gilardi & Co., LLC, the redress administrator for this matter, will mail refund checks to eligible consumers beginning today. The checks must be cashed by May 18, 2015 or they will become void. Recipients should note that the FTC never requires consumers to pay money or provide information before redress checks can be cashed.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook (link is external), follow us on Twitter (link is external), and subscribe to press releases for the latest FTC news and resources.

WHITE HOUSE VIDEO: OPEN GOVERNMENT WORKSHOP

VIDEO AND TRANSCRIPT: THIS WEEK AT INTERIOR MARCH 13, 2015

FROM:  U.S. INTERIOR DEPARTMENT
This Week at Interior March 13, 2015
March 13, 2015
Interior is now closer to its goal of one million volunteers on public lands, thanks to a $5m donation from American Express; Secretary Jewell releases the 2015 fire season strategy to protect and restore sagebrush lands in the west; and bat researchers at USGS, the National Park Service, and the Fish and Wildlife Service are honored for their conservation efforts.

Transcript
THIS WEEK AT INTERIOR...

BIG NEWS IN THE BIG APPLE THIS WEEK… INTERIOR IS NOW ONE STEP CLOSER TO ITS GOAL OF GETTING ONE MILLION VOLUNTEERS ON AMERICA’S PUBLIC LANDS ANNUALLY, THANKS TO A NEW PARTNERSHIP WITH AMERICAN EXPRESS. THE COMPANY IS INVESTING FIVE MILLION DOLLARS THAT WILL GO TOWARD BUILDING COALITIONS IN 50 CITIES ACROSS THE COUNTRY… PART OF A GOAL TO *TRIPLE* THE NUMBER OF VOLUNTEERS CURRENTLY CARING FOR PARKS AND OTHER PUBLIC LANDS. COMPANY AND NEW YORK CITY OFFICIALS JOINED SECRETARY JEWELL AT THE ANNOUNCEMENT CEREMONY AT THE CASTLE CLINTON NATIONAL MONUMENT IN BATTERY PARK.

WE WON’T HAVE ADVOCACY FOR OUR PUBLIC LANDS AND OUR OPEN SPACES IF OUR CITIZENRY DOESN’T VALUE THEM, IF THE FUTURE MAYORS AND CITY COUNCIL MEMBERS AND COMMISSIONERS AREN’T AWARE, BECAUSE THERE WILL NEVER BE ENOUGH MONEY TO GO AROUND.

VOLUNTEER SERVICE IS CRITICAL TO ENSURING A VIABLE FUTURE FOR OUR NATIONAL PARKS AND PUBLIC LANDS. AND WE WANT TO HELP PRESERVE THESE TREASURES AND AMERICA’S RICH CULTURAL HERITAGE.

AFTER THE CEREMONY THE SECRETARY JOINED VOLUNTEERS FOR A SERVICE PROJECT AT THE CASTLE CLINTON GARDENS OF REMEMBRANCE. NEW YORK CITY WAS SELECTED AS THE FIRST OF 50 CITIES FOR THIS NEW NATIONWIDE EFFORT.  THE SECRETARY THEN TRAVELED TO MIAMI AND ATLANTA, THE NEXT TWO CITIES TO BE IDENTIFIED FOR THE VOLUNTEER NETWORK.  THE SECRETARY ALSO ANNOUNCED THAT BOSTON, WASHINGTON, DC, DENVER, LOS ANGELES, MINNEAPOLIS, SAN FRANCISCO, ST. LOUIS AND ST. PAUL HAVE ALSO BEEN IDENTIFIED AND WILL RECEIVE A CITY COORDINATOR TO HELP THESE EFFORTS .  STAY TUNED FOR ADDITIONAL CITIES TO BE SELECTED LATER THIS YEAR… FIND OUT MORE AT DOI.GOV.

SECRETARY JEWELL THIS WEEK RELEASED A STRATEGY TO PROTECT AND RESTORE SAGEBRUSH LANDS FOR THE 2015 FIRE SEASON… THE REPORT ADVANCES WORK WITH FEDERAL, STATE, TRIBAL AND NON GOVERNMENT PARTNERS, TO PROTECT ECONOMIC ACTIVITY AND WILDLIFE HABITAT VITAL TO THE WAY OF LIFE IN THE WESTERN UNITED STATES… THE SECRETARY SAYS THE RECOMMENDED ACTIONS WILL HELP ENSURE OUR PREPAREDNESS, RESPONSE AND RECOVERY AS THE FIRE SEASON APPROACHES… YOU CAN SEE THE COMPLETE REPORT AT DOI.GOV

AND USGS, NATIONAL PARK SERVICE, AND FISH AND WILDLIFE BAT CONSERVATION RESEARCHERS AND THEIR PARTNERS WERE RECOGNIZED THIS WEEK BY THE U-S FOREST SERVICE… THE BAT TEAM RECEIVED THE SERVICE’S *WINGS ACROSS THE AMERICAS RESEARCH AWARD* FOR THEIR CONTRIBUTIONS TO THE NORTH AMERICAN BAT MONITORING PROGRAM. USGS SAYS BAT RESEARCH IS NOT ONLY VITAL TO THE WELL-BEING OF THESE NIGHT FLYING MAMMALS AND THE ECOSYSTEM THEY SERVE… IT’S ALSO VITAL TO THE ENVIRONMENT, WHEN YOU FACTOR IN THE KEY ROLE BATS PLAY IN PEST CONTROL AND PLANT POLLINATION.

THATS THIS WEEK, AT INTERIOR.

AG HOLDER MAKES COMMENTS ON RIGHT TO COUNSEL SETTLEMENT WITH NEW YORK STATE

FROM:  U.S. JUSTICE DEPARTMENT
Monday, March 16, 2015
Attorney General Holder Applauds Settlement to Improve Right to Counsel in New York State

Attorney General Eric Holder on Monday hailed the outcome in a lawsuit challenging the lack of funding for public defender programs in five counties in New York State, calling the finalized settlement in the case a “major step forward.”

In September 2014, the Justice Department had filed a statement of interest in the case, known as Hurrell-Harring v. State of New York.  This represented the first time the department addressed the constructive denial of counsel in state courts.  After extensive negotiations, the parties reached a settlement, which Judge Gerald Connolly of the Supreme Court of the State of New York, Albany County, has now signed.  The settlement agreement, which applies to five New York counties, guarantees that indigent criminal defendants will have legal counsel at arraignment, establishes and implements caseload and workload standards for public defenders, provides for effective supervision and training of public defenders and sets new indigency standards for determining whether a defendant is entitled to public counsel.

“This settlement marks a major step forward in the safeguarding of the essential right to effective legal representation, which stands at the core of America’s criminal justice system,” said Attorney General Eric Holder.  “It is simply unacceptable that, today – more than half a century after the Supreme Court’s landmark decision in Gideon v. Wainright affirmed the right to counsel for low-income defendants – America’s indigent defense systems continue to exist in a state of crisis, and inequities remain all too common.  That’s why, especially in recent years, the Department of Justice has fought tirelessly to ensure effective representation for all who are charged with crimes.  With this settlement, we send a clear message that this fight will continue.  And we will never waver in our commitment to ensuring that all Americans receive the rights and protections to which they are entitled.”

“This important settlement agreement is a model, not just for the five counties named in the case, but for all of New York State, and for the country,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “The right to counsel is one of the core guarantees of the Bill of Rights, and yet, as countless cases and studies show, indigent defense systems across the county are facing significant challenges in meeting their Sixth Amendment obligations.”

In Hurrell-Harring the plaintiffs alleged that a lack of funding for indigent defense deprives public defenders of the time or resources to prepare cases or meaningfully represent their clients and amounts to the denial of counsel in violation of Gideon v. Wainwright and the Sixth Amendment.  In its statement of interest, the department advised the court that under resourcing public defense may force even otherwise competent and well-intentioned public defenders into a position where they are, in effect, a lawyer in name only.  The statement of interest added that if the court finds that the plaintiffs have been constructively denied the right to counsel on a systemic basis, the court has broad injunctive authority to remedy those constitutional violations.

The Hurrell-Harring case was filed in 2007 and brought by former indigent defendants who faced criminal charges in Onondaga, Ontario, Schuyler, Suffolk and Washington counties in the state of New York.

VANGUARD I SATELLITE

FROM:  NASA

One of the Vanguard satellites is checked out at Cape Canaveral, Florida in 1958. Vanguard 1, the world’s first solar-powered satellite, launched on St. Patrick’s Day (March 17) 1958. It was designed to test the launch capabilities of a three-stage launch vehicle and the effects of the environment on a satellite and its systems in Earth orbit. Vanguard 1 was the second U.S. satellite in orbit, following Explorer 1, and remains the oldest artificial object orbiting Earth to this day. Vanguard began as a program at the Naval Research Laboratory in Washington and transferred over to NASA (along with many of its personnel) after the agency was founded by the National Aeronautics and Space Act of 1958.  Image Credit: NASA.



STORAGE COMPANY SUED BY DOJ FOR SELLING SERVICE MEMBERS' PERSONAL PROPERTY

FROM:  U.S.  JUSTICE DEPARTMENT
Monday, March 16, 2015
Department of Justice Files Suit Against Storage Company for Unlawfully Selling Service Members' Belongings

The Department of Justice has filed a lawsuit to recover damages from a storage company that allegedly violated the Servicemembers Civil Relief Act (SCRA) when it sold service members’ personal property without obtaining the necessary court orders.  The defendants in this lawsuit are Daniel E. Homan and Horoy Inc., doing business as Across Town Movers—a San Diego, California, storage company.  Homan is the President and sole owner of Horoy Inc.

The SCRA protects the rights of service members while on active duty by suspending or modifying certain civil obligations.  The law states that a storage lien may not be enforced against service members during, or 90 days subsequent to, their period of military service without a court order.  The Department of Justice’s complaint alleges that, since 2011, Across Town Movers sold the personal property of 11 service members without obtaining a required court order.

The complaint further alleges that after illegally selling one of the service member’s personal property, Across Town Movers continued to receive regular payments from the United States for storage of the sold property.  That service member is U.S. Navy Master Chief Petty Officer Thomas E. Ward.

In 2006, Master Chief Ward, a 30-year veteran, was deployed overseas.  He placed his valuable car parts and many household items into storage, and entrusted Across Town Movers to keep his personal property safe until he returned.  Just before he returned home, he learned that Across Town Movers had auctioned all of his stored personal property, including vintage original car parts.

“Federal law does not allow storage companies to sell the contents of a service member’s storage lot without a court order,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “Storage companies should check the Defense Department’s military database and other resources before conducting any auction to see if the customer is protected by the Servicemembers Civil Relief Act.  The Department of Justice is committed to protecting the rights of the men and women who serve in our Armed Forces and we will continue to devote time and resources to make sure that they are given the legal protections they deserve.”

“Service members, especially when deployed overseas, should be able to focus on protecting our county and shouldn’t have to worry about losing their personal property,” said U.S. Attorney Laura E. Duffy of the Southern District of California.  “Congress enacted the SCRA for this purpose, and we will pursue all appropriate remedies to ensure that our service members’ rights are protected.  Whether large or small, businesses will be held accountable for violating those rights.”

In addition to seeking damages for the value of the auctioned goods, the SCRA provides for civil monetary penalties of up to $55,000 for the first offense and $110,000 for each subsequent offense.  The Department of Justice will also seek injunctive relief.

This lawsuit was filed today in the Southern District of California.  This matter resulted from a referral to the Justice Department by the U.S. Navy.

Service members and their dependents who believe that their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program office.  Office locations may be found at http://legalassistance.law.af.mil/content/locator.php.  Additional information on the Justice Department’s enforcement of the SCRA and other laws protecting service members is available at www.servicemembers.gov.

This matter is being handled by Assistant U.S. Attorneys Dylan M. Aste and Leslie M. Gardner of the Southern District of California.

NAVAL INTELLIGENCE DEPUTY DIRECTOR TOURS CENTER FOR INFORMATION DOMINANCE (CID)

FROM:  U.S. NAVY
Deputy Director of Naval Intelligence gets first-hand look at cyber training
Story Number: NNS150316-23Release Date: 3/16/2015 3:37:00 PM
By Thom Seith,
Center for Information Dominance Public Affairs

PENSACOLA, Fla. (NNS) -- The deputy director of Naval Intelligence, Lynn Wright, toured and visited with students in various cyber, intelligence and information systems classes at the Center for Information Dominance (CID) March 10.

Wright was briefed on cyber training and visited with students from various military branches attending the Joint Cyber Analysis, the Information Systems Technician and the Ship's Signal Exploitation Equipment (SSEE) Increment "F" courses. She also participated in a question and answer session with students and instructors during her tour.

"I am extremely impressed with the caliber and technical abilities of our young Sailors," said Wright. "These are 21st century Sailors learning their craft to become experts in their fields. They are the key to the success of the dynamic missions, both at the service and the national level, which they will be called upon to perform for our country."

The Ship's Signal Exploitation Equipment (SSEE) Increment "F" course provides training in conducting signals processing functions necessary to acquire, identify, locate, and analyze signals for external and internal information.

The Information Systems Technician course teaches network administration, database management, along with computer hardware and software implementation. Graduates are able to operate and maintain Navy global satellite telecommunications systems, serve as administrators on mainframe computers and network systems throughout the fleet.

The Joint Cyber Analysis Course is designed to take joint service members who have minimal computer experience and make them proficient in cyber-analysis within six months. The course is divided into 10 modules and covers 25 topics ranging from computer fundamentals to programming to forensics methodology and malware analysis.

Commanding Officer of CID, Capt. Maureen Fox, noted that this was an opportunity for Wright to gain insight into how high-caliber cyber, cryptology, and information technology training is developed and delivered to future information dominance corps warriors.

"Today's visit is another illustration of the way-ahead for our training and I'm pleased to have the opportunity to showcase all of these processes", said Fox. "Realizing the increased demand for this type of training, CID is ready and able to provide a competitive edge in all cyber-domain mission areas."

Based at Corry Station in Pensacola, Florida, CID is the Navy's learning center that leads, manages and delivers Navy and joint forces training in information operations, information warfare, information technology, cryptology and intelligence.

With nearly 1,300 military, civilian and contracted staff members, CID provides training for approximately 24,000 members of the U.S. Armed Services and allied forces each year. CID oversees the development and administration of 226 courses at four commands, two detachments, and 14 learning sites throughout the United States and Japan.

PRESIDENT OBAMA'S REMARKS REGARDING THE COUNCIL OF THE GREAT CITY SCHOOLS MEETING

FROM:  THE WHITE HOUSE
March 16, 2015
Remarks by the President After Meeting with the Council of the Great City Schools
Roosevelt Room

11:51 A.M. EDT

THE PRESIDENT:  I want to thank the Council of the Great City Schools.  This is an organization that represents the superintendents, the board members and educators from some of the largest school districts in the country.  And we just had a terrific conversation about some of the extraordinary progress that’s being made at the local levels.

The good news is that we are seeing, as a consequence of some of the reforms that we’ve initiated and partnered with at the state and local levels, we’re seeing improved reading scores, improved math scores, improved graduation rates.  We’re seeing improvement in some of the previously lowest-performing schools.

And this organization I think has taken on the challenge and has been able to begin a process of turning school districts around and making sure that young people are getting the kind of education that they need to be able to compete in the 21st century.  That’s the good news.

The challenge that we face is that this is a monumental task and it requires resources.  And I’m very proud of what we’ve been able to do in terms of helping schools to initiate improvements in how they train teachers, in how they engage kids in the classroom, in how they start moving education around math and science and technology; how they reach populations that are particularly difficult to reach; how they’re bringing new technology into the classroom.  But all that is dependent on a budget and approach at the federal level that says we care about all kids and not just some.

Now, the Republican House and Senate are about to put forward their budget.  My hope is that their budget reflects the priorities of educating every child.  But I can tell you that if the budget maintains sequester-level funding, then we would actually be spending less on pre-K to 12th grade in America’s schools in terms of federal support than we were back in 2000.  And that’s adjusting for inflation.  The notion that we would be going backwards instead of forwards in how we’re devoting resources to educating our kids makes absolutely no sense.

In addition, we’ve got a major debate obviously taking place about the reauthorization of the major education act that shapes federal policy towards our schools.  There is, I think, some useful conversations taking place between the chairman of relevant committee, Lamar Alexander, and Patty Murray.  But there’s some core principles that all the leaders here believe in:  Making sure that we continue to provide resources to the poorest school districts and not creating a situation where we can suddenly shift dollars from wealthy districts -- or from poorer districts to wealthy districts, or alternatively, that education aid suddenly can start going to sport stadiums or tax cuts at the state level.  That's something that these school districts feel very strongly about

Making sure that we continue to focus on low-performing schools and that they are getting additional resources.  Making sure that we are continuing to assess in a smart way, on an annual basis, how young people are performing, and that we're disaggregating so that we can see in various subgroups how young people are performing, to make sure they’re on track.  That's something that people here care very much about.

Making sure that we've got high standards and high expectations for all our kids, and making sure that we are providing the resources to teachers and principals to meet those high standards.  That's going to be important.

Making sure that we are investing in special education and English learning for large portions of our student population that may need extra help.  That's going to be critically important.

So the set of principles that are reflected in my budget and I hope will be reflected in the Republican budget -- but if it is not, then we're going to have to have a major debate.  We are making too much progress now in terms of graduation rates, improved reading scores, improved math scores, increasing standards, increasing access to the resources the kids need for us to be going backwards now.  And this is something worth fighting for.

So I am very grateful for all the folks here for the work they’re doing.  I hope that people get familiar with some of the stories of progress that have been made.  If you look at what’s happened in the D.C. public schools, or you look at the efforts that are being made in places like Fresno, which it’s a poor city in a poor school district, but despite that is seeing real strides; if you look at what’s going on in Cleveland where I'll be visiting tomorrow [Wednesday] -- these are school districts that, despite enormous challenges, have made real progress.

And the idea that we go backwards on that progress, in some cases for ideological reasons, as opposed to because of what the evidence says, that's something that -- that's not the kind of legacy we want to leave for the next generation.  And I'm going to continue to fight to make sure that this progress continues.

So I want to thank everybody who’s around this table and know that they’re going to have a strong partner in my administration.

All right?  Thank you very much, everybody.

END
11:59 A.M. EDT

Tuesday, March 17, 2015

3/17/15: White House Press Briefing

President Obama Meets with the Prime Minister of Ireland



3/16/15: WHITE HOUSE PRESS BRIEFING

COASTAL RIVERINE SQUADRON ONE SUPPORTING COMBINED JOINT TASK FORCE HORN OF AFRICA

FROM:  U.S. DEFENSE DEPARTMENT


Sailors Patrol Port Of Djibouti
Camp, Djibouti
℠2015 - Sailors from Coastal Riverine Squadron One patrol the waters of East Africa, providing security for service members supporting Combined Joint Task Force Horn of Africa.

U.S. PERMANENT REPRESENTATIVE TO UN MAKES REMARKS ON AFGHANISTAN

FROM:  U.S. STATE DEPARTMENT
Samantha Power
U.S. Permanent Representative to the United Nations
New York, NY
March 16, 2015
AS DELIVERED

Special Representative Haysom, Ambassador Tanin thank you for your observations today. And on behalf of the United States, I would like to thank you, SRSG Haysom and your team for your dedicated and humane work to help the Afghan people improve their lives, their institutions, and their nation. Today’s unanimous renewal of UNAMA’s mandate shows the Council’s ongoing support for your efforts and for your country.

As we mark the beginning of Afghanistan’s Transformation Decade, we have seen both encouraging advances and enduring challenges. Last year, we saw Afghans take real risks and conquer fear to cast their ballots in an election. We saw two candidates put the country’s future first – forming a unity government and sustaining it as they confront shared challenges, including cabinet formation, electoral reform, and peace and reconciliation. The United States calls on the leaders to put forward urgently a full slate of cabinet nominees who meet the rigorous requirements that they established and who can obtain parliamentary approval.

We commend President Ghani and CEO Abdullah’s shared commitment to prioritizing electoral reform. Last year’s election exposed chronic weaknesses in Afghanistan’s electoral system. Promptly identifying the necessary reforms and implementing them urgently and in a manner consistent with international standards is critical, including to ensure successful parliamentary and district council elections. Establishing the Special Electoral Reform Commission, which the two leaders agreed upon last fall, would be an important step toward that end.

Making fundamental changes to a country’s political and electoral system is challenging under any circumstances. Yet Afghans are undertaking this extraordinary task amid continued attacks by insurgents who seek to destabilize the country.

UNAMA’s exceptional reporting on the toll on civilians – a model for other missions – testifies to the impact of this violence on Afghan society, particularly some of its most vulnerable members. Compared to 2013, civilian casualties increased by 22 percent in 2014. Civilian deaths rose by 25 percent. The number of women casualties increased by 21 percent, and the number of children casualties by 40 percent. 714 children were killed in 2014. 714 kids. UNAMA’s reporting attributes roughly 75 percent of all civilian casualties to the Taliban and affiliated groups.

What statistics cannot capture is the immeasurable impact on the families of those wounded and killed. For example, UNAMA’s report tells us that women left as sole income-providers after their husbands were killed or maimed experienced lasting consequences, “with poverty forcing many women to give their daughters in marriage in exchange for debts or to take their children out of school often to work.” And this does not even capture the emotion and the pain of all the losses.

Afghanistan’s leaders understand the far-reaching impact of violence on the Afghan people, which is one of the many reasons they have committed to bringing peace to their country – a goal we strongly support. We see tremendous bravery exhibited by many Afghans. One unheralded group is de-miners. De-miners venture out day after day to clear minefields so that their fellow citizens are not maimed as they harvest their land or walk to school. Thirty-four de-miners were killed last year, including eleven who were killed on December 13th by insurgents, while they were clearing unexploded ordnance in Helmand province. We see similar dedication in the legions of Afghan teachers who show up to their classrooms every day, despite threats and harassments, to give boys and girls the education they need to build their future, and the future of their country. We also honor Afghan security forces who risk their lives – and in far too many cases, give their lives – protecting their fellow citizens.

The resolve and capabilities of these Afghan forces has improved a great deal. Continued professionalization of the Afghan National Defense and Security Forces – with robust, sustained international support, including through NATO’s Resolute Support Mission – is crucial both to improve effectiveness, and ensure more faithful adherence to international human rights standards.

The abusive tactics reported to UNAMA and catalogued in its recent report on the treatment of Afghan detainees have no place in the pursuit of justice. Nor does the complicity of justice officials who – according to the same report – “overwhelmingly” rely on confessions from defendants in criminal prosecutions, even when credible evidence suggests such confessions may have been obtained through abusive tactics. That is why we applaud the Afghan government’s commitment to eliminate the use of torture.

As you all know, last week we marked International Women’s Day. It was a day for marking a number of inspiring stories from around the world, including Afghanistan – a country where, under Taliban rule, women could not walk outside without a male relative and a burqa.

Last week, members of the Afghanistan Women’s National Cycling team were not only walking outside, they were racing down the country’s roads on their bikes. Team members are pinched for resources, but big on courage. Some drivers yell at them and threaten them, but they ride on. One day, a man on a motorcycle reached out and tried to grab at the captain, causing her to crash and hurt her back.

But today she is back on her bike, leading more than 40 other women training with the team. Imagine what it must feel like to be a little girl, sitting in a car, and to suddenly drive by those 40 women, in a single file, flying down the road. Imagine how inspiring that must be.

One of the team members, Malika Yousufi, wants to become the first Afghan woman to complete the Tour de France. She told a reporter, “Nothing will stop us.” We believe that, if she is given the chance, and if her country stays on the brave but difficult path it has charted, Malika is right. Nothing will stop them. There is so much to lose, and so much left to gain in these difficult days, and the United States will support the Afghan people in every step of their journey to take their place as a stable, peaceful, independent, and democratic nation. Thank you.

DOD: MORE AIRSTRIKES REPORTED AGAINST ISIL IN SYRIA, IRAQ

FROM:  U.S. DEFENSE DEPARTMENT
Coalition Continues Airstrikes Against ISIL Targets in Syria, Iraq
DoD News, Defense Media Activity

SOUTHWEST ASIA, March 15, 2015 – U.S. and coalition military forces continued to attack Islamic State of Iraq and the Levant terrorists in Syria and Iraq, Combined Joint Task Force Operation Inherent Resolve officials reported today.

Officials reported details of the latest strikes, which took place between 8 a.m. yesterday and 8 a.m. today, local time, noting that assessments of results are based on initial reports.

Airstrikes in Syria

Fighter and bomber aircraft conducted four airstrikes in Syria:

-- Near Kobani, four airstrikes struck an ISIL tactical unit and destroyed nine ISIL fighting positions and an ISIL vehicle
Airstrikes in Iraq

Attack, fighter and remotely piloted aircraft conducted seven airstrikes in Iraq:

-- Near Al Asad, an airstrike struck an ISIL tactical unit.
-- Near Al Hawayjah, an airstrike struck an ISIL tactical unit and destroyed an ISIL vehicle.
-- Near Al Qaim, an airstrike destroyed an ISIL excavator.
-- Near Fallujah, an airstrike destroyed an ISIL vehicle.
-- Near Ramadi, two airstrikes struck an ISIL tactical unit and an ISIL staging area.
-- Near Tal Afar, an airstrike destroyed an ISIL excavator.

Part of Operation Inherent Resolve

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

Coalition nations conducting airstrikes in Iraq include the United States, Australia, Belgium, Canada, Denmark, France, Jordan, 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.


MORE MONEY RETURNED TO CRAMMING VICTIMS OF INC21

FROM:  U.S FEDERAL TRADE COMMISSION
FTC Returns More Than $2.9 Million to Inc21 Cramming Victims In Second Round of Refunds to Consumers

The Federal Trade Commission is mailing a second round of 58,239 checks totaling more than $2.9 million to consumers and businesses who were victimized by a massive fraudulent operation that placed unwanted charges on their telephone bills.

In 2010, the FTC stopped the scam, which was led by Inc21, an internet services company. Inc21 had third-party billing aggregators place charges on phone bills. In most cases, the victims were either never contacted by the company or deceived about why they were contacted, or denied the services for which they were billed. The FTC’s Criminal Liaison Unit cooperated with criminal law enforcement partners at the Department of Justice, the Internal Revenue Service, and United States Postal Inspection Service, leading to the prosecution and conviction of Inc21’s owners.

Consumers who receive the checks from the FTC’s refund administrator should deposit or cash them within 60 days of the mailing date. The FTC never requires consumers to pay money or to provide information before refund checks can be cashed. The average amount of the refunds will be approximately $51; amounts will vary based on how much money was lost.

The checks will be mailed by Epiq Systems, Inc., who is the redress administrator for this matter. Consumers who receive checks and have questions about the redress can contact Epiq Systems directly at 1-866-328-1992. More information about the FTC’s refund program is available on the FTC’s website.

DOD'S SEA SERVICES RELEASES NEW MARITIME STRATEGY

FROM:  U.S. DEFENSE DEPARTMENT
Sea Services Release Revised Maritime Strategy
U.S. Navy Chief of Information Office

WASHINGTON, March 13, 2015 – The sea services today released a new maritime strategy, a plan that describes how the Navy, Marine Corps, and Coast Guard will design, organize, and employ naval forces in support of national security interests and homeland security objectives.

The new strategy, titled, “A Cooperative Strategy for 21st Century Seapower: Forward, Engaged, Ready,” accounts for changes in the global security environment, new strategic guidance, and a changed fiscal environment.

The essential functions of the maritime strategy released in 2007 were adjusted to include a new function called "all domain access" which underscores the challenges forces face in accessing and operating in contested environments.
The new strategy emphasizes operating forward and engaging partners across the globe, especially in the Indo-Asia-Pacific region.

Increasing Navy’s Forward Presence

The strategy calls for increasing the Navy's forward presence to 120 ships by 2020, up from about 97 ships today. This includes forward-basing four ballistic missile defense destroyers in Spain and stationing another attack submarine in Guam by the end of 2015.

The Navy is scheduled to increase presence in the Middle East from 30 ships today to 40 by 2020.

The strategy reinforces the continued need to strengthen partnerships and alliances by stressing the importance of operating in NATO maritime groups and participating in international training exercises.

Additionally, the strategy outlines plans to maintain readiness by implementing the Navy's Optimized Fleet Response Plan, which improves readiness and leads to a predictable cycle for maintaining, training and deploying carrier strike groups and amphibious ships.

The document features four sections: global security environment, forward presence and partnership, seapower in support of national security, and force design: building the future force.

MYVA ADVISORY COMMITTEE ESTABLISHED TO HELP REORIENT VA TO BETTER MEET VET NEEDS

FROM:  U.S. DEPARTMENT OF VETERANS AFFAIRS
VA Establishes MyVA Advisory Committee
Highly Respected Group of Outside Leaders to Advise VA Secretary

The Department of Veterans Affairs (VA) today announced the establishment of the MyVA Advisory Committee (MVAC). The Committee brings together skilled experts from the private, non-profit and government sectors to assist in reorienting the Department to better meet the needs of Veterans. This Committee is charged with advising the Secretary of Veterans Affairs with a focus on improving customer service, Veteran outcomes and setting the course for long-term reform and excellence.

The Advisory Committee will meet multiple times per year and will engage in periodic reviews to ensure the Department achieves the goals of MyVA.  The Committee will provide advice on competing short-term and long-range plans, priorities and strategies to improve the operational functions, services, processes and outputs of the Department, and will also advise on appropriate levels of support and funding necessary to achieve objectives. Further, the Committee will review implementation of recommended improvements and suggest any necessary course corrections.

Members of the Committee have extensive experience in customer service, large- scale organizational change and advocacy for Veterans.

“The success of MyVA will be Veterans who are better served by VA, so the work of this committee is incredibly important,” said VA Secretary Robert A. McDonald.  “The collective wisdom of our committee members is invaluable and each of them understands that VA must improve customer service and focus the Department on the needs of our Veterans. They are dedicated to that mission and I am grateful for their principled service to our Veterans.”

The biographies of Committee members are below. The group will hold their first meeting in April.

Monday, March 16, 2015

CELEBRATION OF ST. PATRICK'S DAY

FROM:  U.S. STATE DEPARTMENT
On the Occasion of St. Patrick's Day in Ireland
Press Statement
John Kerry
Secretary of State
Washington, DC
March 16, 2015

The entire world celebrates the rich history and heritage of the people of Ireland each year on St. Patrick's Day.

It is rightfully so.

The Irish community is 34 million people strong in the United States. They and their ancestors have left an indelible mark on our country.

From Boston to Chicago to California, they have made rich contributions to the culture, politics, literature, and art of the United States. Back in my hometown of Boston, Massachusetts, this day is always special because it celebrates the city's vibrant Irish-American heritage.

But today's celebration is not just about what the Irish have brought to the United States. It's also about how the United States feels a special kinship with Ireland, its people, its government, and its history.

The Irish have rightly earned a global reputation as a people committed to social justice, economic opportunity, and peaceful coexistence.

As Ireland and the United States celebrate 90 years of diplomatic relations this year, today also stands as a reminder of the deep bonds of friendship that unite our two peoples in common cause.

On this special day, I join the entire world in celebrating all peoples of the Emerald Isle.

Erin go bragh!

CIA HEAD SAYS TERRORISM "MORPHING" INTO THEATS LIKE CYBERATTACKS

FROM:  U.S. DEFENSE DEPARTMENT
CIA Chief: Terrorism Morphing Into Different Threats
By Jim Garamone
DoD News, Defense Media Activity

WASHINGTON, March 16, 2015 – Terrorism is morphing into different types of threats, including cyberattacks that can impact nations across the globe, the director of central intelligence said in New York last week.

John Brennan told the Council on Foreign Relations that terror attacks in Europe, the Middle East, Africa and Central Asia show the terror threat is changing. The CIA working with foreign partners is key to defeating the terror threat, he added.
“These attacks underscore a disturbing trend that we have been monitoring for some time -- the emergence of a terrorist threat that is increasingly decentralized, difficult to track and even more difficult to thwart,” Brennan said.

Though the United States and its partners have had considerable success in attacking core al-Qaida, affiliates have risen, said Brennan, pointing to al-Qaida groups in Libya, Egypt, Somalia, Nigeria “and especially Yemen where al-Qaida in the Arabian Peninsula has demonstrated a capability to plot attacks well beyond Yemen’s borders, including in our homeland.”

ISIL a ‘Serious Danger’ Beyond Region

But the heartland of terror, the director said, now operates in Syria and Iraq where the Islamic State of Iraq and the Levant is waging a campaign of unspeakable brutality against the local population and anyone who does not share its ideology.

Left unchecked, ISIL poses a serious danger not only to Syria and Iraq, but to the wider region and beyond, including the threat of attacks on the U.S. homeland and the homelands of its partners, Brennan said.

The intelligence chief echoed DoD leaders in saying the fight against ISIL will be a long one. “If there is one thing we have learned over the years, it is that success against terrorism requires patience and determination,” he said. “Clearly our country will be dealing with terrorism in one form or another for many years to come.”

Threats in the Cyber Realm

Modern communications technologies complicate the fight against ISIL and its ilk, Brennan said. “New technologies can help groups like ISIL coordinate operations, attract new recruits, disseminate propaganda and inspire sympathizers across the globe to act in their name,” he said. “The overall threat of terrorism is greatly amplified by today’s interconnected world where an incident in one corner of the globe can instantly spark a reaction thousands of miles away, and where a lone extremist can go online and learn how to carry out an attack without ever leaving home.”

The cyber domain brings tremendous benefits, but also brings tremendous dangers, he said.

“Threats in the cyber realm are an urgent national security priority, as America has no equivalent to the two wide oceans that have helped safeguard our country’s physical, maritime and aviation domains for centuries,” Brennan added.

Nations, terrorist organizations, criminals and hackers are trying to penetrate U.S. digital networks, he said.

“Government institutions are under constant assault, and private companies are spending enormous sums of money to defend against hacking attempts, denial of service attacks and other efforts to disrupt their networks,” Brennan said.
The North Korean attack on Sony last year highlighted the cyber threat, he said.
“CIA is working with our partners across the federal government to strengthen cyber defenses, to share expertise and to collaborate with the private sector to mitigate these threats,” Brennan said. “Together we have advanced our understanding of the threats in the cyber realm.”

AG HOLDER'S STATEMENT ON ARREST OF OFFICER SHOOTING SUSPECT IN FERGUSON

FROM:  U.S. JUSTICE DEPARTMENT
Sunday, March 15, 2015
Statement by Attorney General Holder on Arrest in Officer Shootings in Ferguson, Missouri

U.S. Attorney General Eric Holder released the following statement Sunday regarding the arrest of Jeffrey Williams in the shooting of two law enforcement officers outside the Ferguson, Missouri Police Department on Thursday:

“This arrest sends a clear message that acts of violence against our law enforcement personnel will never be tolerated.  The swiftness of this action is a credit to the significant cooperation between federal authorities and the St. Louis County Police Department.  The ATF’s ballistic imaging technology has played a critical role in the ongoing investigation.  I commend both the ATF and St. Louis police for their tremendous work in identifying this suspect.

“In the days ahead, we will continue to partner with the authorities in St. Louis County to secure justice for all those affected by this heinous and cowardly crime.  And we will continue to stand vigilant in support of public safety officers and the communities they serve.”

NASA VIDEO: A MOMENT WITH SCOTT KELLY

CONCRETIONS NEAR FRAM CRATER, MARS

FROM:  NASA
Martian Concretions Near Fram Crater

The small spherules on the Martian surface in this close-up image are near Fram Crater, visited by NASA's Mars Exploration Rover Opportunity during April 2004. The area shown is 1.2 inches (3 centimeters) across. The view comes from the microscopic imager on Opportunity's robotic arm, with color information added from the rover's panoramic camera.

These are examples of the mineral concretions nicknamed "blueberries." Opportunity's investigation of the hematite-rich concretions during the rover's three-month prime mission in early 2004 provided evidence of a watery ancient environment.

This image was taken during the 84th Martian day, or sol, of the rover's work on Mars (April 19, 2004). The location is beside Fram Crater, which Opportunity passed on its way from Eagle Crater, where it landed, toward Endurance Crater, where it spent most of the rest of 2004. Image Credit: NASA-JPL-Caltech-Cornell-USGS.

DEPUTY SECRETARY BLINKEN'S REMARKS AT RECEPTION COMMEMORATING SYRIAN UPRISING

FROM:  U.S. STATE DEPARTMENT
Reception to Commemorate the Fourth Anniversary of the Syrian Uprising
Remarks
Antony J. Blinken
Deputy Secretary of State
Washington, DC
March 13, 2015

Thank you very much. And, I’m really grateful that all of you could be here, and grateful too for the extraordinary work that Daniel’s been doing every single day. No one has been working harder, no one has been trying harder, no one has been pushing us harder than Daniel to try to get to a better place on this incredibly challenging and incredibly heart wrenching situation that we face in Syria. So thank you.

I’m glad to see everyone here today, but I especially want to say welcome to the dedicated representatives of the Syrian opposition and the Syrian-American diaspora community.

Your leadership, your persistence, your strength in the face of relentless hardship and struggle have given hope to countless Syrians through four long and deeply, deeply tragic years. And, this is an occasion, as somber as it is, to honor your efforts and to honor your commitment.

This anniversary marks the moment when peaceful calls for freedom and dignity were met with bullets and barrel bombs.

When Assad went to war against his own people and lay siege to a proud nation’s rich history and heritage.

Four years ago, Syria was a middle class country of engineers and scholars; of scientists and entrepreneurs; of doctors and teachers.

Today, whole neighborhoods have been bombed out of existence; eleven million people have been forced to flee their communities. In all, nearly half of Syria’s pre-war population has been displaced.

Parents have been robbed of their children; and children have been robbed of their future. In a nation with a strong tradition of education, one of the most heart wrenching things, of the many heart wrenching things, is to know that so many of Syria’s school-aged boys and girls have not been able to step foot in a classroom for more than three years.

Four-fifths of Syrians are now living below the national poverty line. Life expectancy has been reduced by 20 years—from 79 years in 2010 to 55 last year.

And, as you know better than anyone, this humanitarian catastrophe is exacerbated further still by the Assad regime’s intentional and deadly obstruction of life-saving aid.

The regime leverages food and water as a weapon of war. It removes medical and surgical supplies from humanitarian convoys, even as those shipments are authorized for delivery.

The United States holds the Assad regime accountable for these abhorrent actions that violate our most basic humanitarian principles and terrorize the Syrian people every single day.

In this vast sea of suffering, we are grateful for the bravery and commitment that each of you and the organizations that you represent have brought to bear.

Tireless efforts embody that the spirit of compassion and volunteerism that is at the very core our common values. And for that reason, I want to especially recognize Dr. Zaher Sahloul and the Syrian American Medical Society for your truly heroic work to provide medical care inside of Syria. Doctor, are you here? Please.

We’re privileged to support, in ways that we can your work, and we know the extraordinary risks that you and your colleagues face to save lives every single day.

Just yesterday, I was looking at a report that over 600 medical staff have been killed in Syria—97 percent of them by the regime. This is a devastating statistic for a country that once prided itself on its medical education. And indeed, one of Syria’s great exports before the war, were doctors, including doctors to this country, to the United States.

I would also like to recognize, if I may, Ms. Mirna Barq and the Syrian American Council—and also Dr. Yehya Basha and the Coalition for a Democratic Syria—for your tremendous activism and service as an educational resource for the American people and for our government.

We stand with you in your efforts to alleviate the suffering of the Syrian people, just as we stand with the activists, local leaders, and members of the opposition who fight for peace, who fight for justice, and for a comprehensive political solution to the conflict.

Today, I can announce a modest step forward that the Administration is working with Congress to provide nearly $70 million in new foreign assistance to continue our full range of support to the moderate Syrian opposition.

With this additional funding, the United States will have committed nearly $400 million to support the opposition since the start of the revolution. And in two weeks, we will again step up to pledge generously at the conference in Kuwait to fund humanitarian assistance for displaced Syrians and refugees in neighboring states.

So, today, even as we commemorate this fourth anniversary, we all know one thing – it’s four anniversaries too many.

This is a time to pause and to honor and remember those who have sacrificed everything to usher in a better future for their country and their fellow citizens.

We remain committed, as challenging and as difficult as it is, to help Syrians obtain their future through a genuine political solution to the conflict.

We’re committed to degrading and defeating ISIL, which has found fertile ground in this chaos—hijacking the cause of the Syrian people to advance its own agenda and its own agenda of terror.

And we pledge to continue to work together—as partners—to end this war, restore a nation, allow it to welcome home its citizens, respects their rights, and brighten their futures.

Let me just conclude by saying this. These statistics are powerful. They tell us a lot. We try to make sense of them. We try to digest them. But, behind every single statistic is a human being. And I know for the people in the room, these human beings are your friends, your family, your loved ones. And, nothing we can say or do can fully express the pain I know all of you feel every day when faced with this conflict and this tragedy. And I know, too, the tremendous frustration that I would imagine virtually all of you feel at the fact that we are four years in, and it endures. It is a small consolation that many of us share that same frustration, that we continue, as Daniel said, to work at this every day, and we will continue to work at it every day until we get it right.

Thank you. Thank you for everything you’re doing.

G7 MEETING IN BERLIN DISCUSSES WORKER RIGHTS, WORKING CONDITIONS

FROM:  U.S. LABOR DEPARTMENT
International Scene
Berlin Hosts G7 International Stakeholder Conference

"Promoting Decent Work Worldwide through Sustainable Supply Chains" was the topic of a G7 international stakeholder conference hosted jointly by Germany's Federal Ministry for Economic Cooperation and Development and the Federal Ministry of Labor and Social Affairs. Eric Biel, associate deputy undersecretary of labor for international affairs, joined government, business, labor and civil society leaders in Berlin on March 11 and 12 to discuss a range of issues pertaining to worker rights and working conditions. The two-day event included a keynote address by Nobel Peace Prize Laureate Kailash Satyarthi, who emphasized the importance of the department's funding and research that shines a light on poor labor practices around the world. The session also featured comments from German Ministers Andrea Nahles and Gerd Müller; Jim Yong Kim of the World Bank; Angel Gurría of the OECD, and Guy Ryder, the Director-General of the International Labour Organization.

RETIRED NATIONAL GUARD COLONEL AND SERGEANT PLEAD GUILTY FOR ROLES IN RECRUITING FRAUD SCHEME

FROM:  U.S. JUSTICE DEPARTMENT
Thursday, March 12, 2015
Retired National Guard Colonel and Former National Guard Sergeant Plead Guilty in Connection with Recruiting Fraud Scheme

A retired colonel and a former sergeant from the U.S. Army National Guard both pleaded guilty today for their roles in a recruiting fraud scheme that caused approximately $14,000 in losses to the U.S. National Guard Bureau, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.

Retired Colonel Isaac Alvarado, 75, and former Sergeant First Class Travis Nau, 41, both of Albuquerque, New Mexico, pleaded guilty today to one count of conspiracy to commit wire fraud and one count of wire fraud before Chief U.S. Magistrate Judge Karen B. Molzen of the District of New Mexico.  Sentencing hearings will be scheduled at a later date, and will take place before U.S. District Judge Judith C. Herrera of the District of New Mexico.

According to court documents, in approximately September 2005, the National Guard Bureau created the Guard Recruiting Assistance Program (G-RAP), which was designed to offer monetary incentives to soldiers who recruited others to join the National Guard.  Through this program, a participating soldier, known as a recruiting assistant, could receive bonus payments for referring another individual to join the National Guard.

According to the plea agreements entered today, between February 2008 and February 2012, Alvarado served as a recruiting assistant in the G-RAP.  During that time, Nau, who is Alvarado’s son-in-law, worked in a National Guard recruiting office and assisted individuals who were interested in joining the military.  The defendants admitted that Nau provided Alvarado with the personal identifying information of potential soldiers, including their names and Social Security numbers.  Alvarado then used that information to falsely claim that he was responsible for referring the soldiers to join the military, and to fraudulently claim referral bonuses through the G-RAP.  In addition, Alvarado and Nau admitted that Nau advised at least two potential soldiers to falsely report that Alvarado had assisted in their recruitment even though he had not.  As a result, Alvarado received approximately $12,000 in fraudulent recruiting bonuses.

The case is being investigated by the Fort Bliss Army Criminal Investigation Command.  This case is being prosecuted by Trial Attorneys Sean F. Mulryne and Heidi Boutros Gesch of the Criminal Division’s Public Integrity Section.

TOTAL PETROLEUM PUERTO RICO CORP. TO SPEND $1.6 MILLION TO IMPROVE LEAK DETECTION IN GAS STATIONS

FROM:  U.S. JUSTICE DEPARTMENT
Monday, March 9, 2015
Total Petroleum Puerto Rico Corp. Agrees to Spend $1.6 Million to Improve Leak Detection in at Least 125 Gas Stations Across Puerto Rico and U.S. Virgin Islands

A settlement announced today between the U.S. and Total Petroleum Puerto Rico Corp. (Total Puerto Rico) resolves Resource Conservation Recovery Act (RCRA) violations alleged at 31 gas stations in Puerto Rico and four gas stations in the U.S. Virgin Islands that contain underground storage tanks (USTs) owned by Total Puerto Rico.  These USTs typically hold large quantities of gasoline and can cause significant environmental damage if allowed to leak.  Total Puerto Rico has agreed to pay a $426,000 civil penalty, implement compliance measures valued at approximately $1 million and undertake a supplemental environmental project (SEP) consisting of a centralized monitoring system estimated to cost approximately $600,000.

In the complaint filed simultaneously with the lodging of the consent decree, the U.S. alleged that Total Puerto Rico, as an owner of the USTs at the gas stations, violated RCRA and the Puerto Rico Underground Storage Tank Control Regulations (PRUSTR) by failing to report and investigate suspected leaks, monitor for leaks; provide adequate protection against corrosion and overflows, adequately secure dispensers and lines against tampering when facilities were temporarily closed, adequately secure monitoring wells against tampering and maintain records of release detection monitoring.

This settlement incorporates provisions consistent with the U.S. Environmental Protection Agency’s Next Generation enforcement efforts, which focus on increasing compliance with environmental regulations by combining the use of advanced technologies, such as pollution detection systems and information technologies, with traditional compliance measures.  The centralized monitoring component of today’s agreement is a Next Generation technology that will enable Total Puerto Rico to rapidly identify and respond to actual or potential gas leaks at its gas stations with actively operating USTs, each of which will be equipped with on-site electronic release detection monitoring equipment that will be enhanced with the Next Generation capability to transmit monitoring data to one central location on a 24/7/365 basis.

“This settlement will require Total Puerto Rico to address the risk of gas leaks comprehensively by installing advanced electronic release detection monitoring equipment in all gas stations at which Total owns actively operating USTs,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division.  “The settlement also obligates Total Puerto Rico to install state-of-the art centralized monitoring technology, a Next Generation tool that will enable the company to provide around-the-clock surveillance from a single location for over one hundred gas stations.”

“Leaking underground petroleum tanks are a serious problem because they can contaminate groundwater with pollutants such as benzene, which is known to cause cancer,” said Regional Administrator Judith Enck for EPA.  “This agreement includes an innovative centralized monitoring system, which will protect the environment by helping to ensure that the underground tanks at many gas stations across Puerto Rico and in the U.S. Virgin Islands will now be properly monitored and maintained.”

Total Puerto Rico will install, or upgrade to, a fully automated electronic release detection monitoring system at 137 facilities with Total-owned USTs in active operation and will operate the systems for at least three years.  This compliance measure, valued at approximately $1 million, will connect lines with probing sensors within the USTs to an on-site computer console unit that has audible and visible alarms capable of alerting nearby gas station personnel of gas leaks and other potentially dangerous events.  The obligation to install automated release detection monitoring systems will extend to any additional facilities with actively operating USTs acquired by Total Puerto Rico after the date of lodging of the consent decree.  In addition, Total Puerto Rico’s voluntary undertaking of a SEP – the implementation, operation and maintenance of a centralized monitoring capability estimated to cost approximately $600,000 – will connect at least 125 of the facilities with electronic release detection monitoring systems to a central location.  Total Puerto Rico will also provide quarterly reports to EPA regarding its operation of these systems and will be required to provide information regarding their operation upon EPA’s request.

This is the second judicial settlement in Puerto Rico requiring a defendant to implement company-wide automated electronic release detection with a centralized monitoring capability.  A settlement in 2011 with Chevron Puerto Rico covered over 140 gas stations for a period of five years.  With today’s proposed settlement with Total Puerto Rico, more than 250 gas stations throughout Puerto Rico will have electronic release detection equipment and centralized monitoring.

The settlement is subject to a 30-day public comment period and is conditioned upon approval by the U.S. District Court before becoming final.

Sunday, March 15, 2015

NASA VIDEO: SLS QUALIFICATION BOOSTER TEST AT ORBITAL ATK

CDC INVESTIGATING POSSIBLE EBOLA EXPOSURE TO AMERICANS IN SIERRA LEONE

FROM:  CENTERS FOR DISEASE CONTROL AND PREVENTION
CDC investigating potential exposures of American citizens to Ebola in West Africa

On March 13, an American volunteer healthcare worker in Sierra Leone who tested positive for Ebola virus returned to the U.S. by medevac and was admitted to the NIH Clinical Center for care and treatment.  As a result of this case, CDC is conducting an investigation of individuals in Sierra Leone, including several other American citizens, who may have had potential exposure to this index patient or exposures similar to those that resulted in the infection of the index patient.  At this time, none of these individuals have tested positive for Ebola. These individuals are volunteers in the Ebola response and are currently being monitored in Sierra Leone.  Out of an abundance of caution, CDC and the State Department are developing contingency plans for returning those Americans with potential exposure to the U.S. by non-commercial air transport. Those individuals will voluntarily self-isolate and be under direct active monitoring for the 21-day incubation period.

One of these American citizens had potential exposure to the individual being treated at NIH and is currently being transported via charter to the Atlanta area to be close to Emory University Hospital. The individual has not shown symptoms of Ebola and has not been diagnosed with Ebola. Upon arrival in Atlanta, the individual will voluntarily self-isolate and be under direct active monitoring for the 21-day incubation period

COMMERCIAL PARKING HEATER CO. PLEADS GUILTY TO PRICE-FIXING

FROM:  U.S. JUSTICE DEPARTMENT
Thursday, March 12, 2015
Parking Heater Company Pleads Guilty in Price-Fixing Scheme

Espar Inc., a seller of parking heaters for commercial vehicles, pleaded guilty to participating in a price-fixing scheme, the Department of Justice announced today.

Espar Inc. pleaded guilty to a one-count felony charge in the U.S. District Court for the Eastern District of New York in Brooklyn.  According to the charge, Espar conspired with others to fix prices for parking heaters in the United States and elsewhere in North America from at least as early as Oct. 1, 2007, until Dec. 31, 2012.  Parking heaters are devices that heat the interior compartment of a motor vehicle independent of the operation of the vehicle’s engine.  In addition to paying a criminal fine, Espar has agreed to cooperate in the department’s ongoing investigation.  The plea agreement is subject to court approval, and Espar is scheduled to be sentenced on June 5, 2015.

“Today’s plea demonstrates the Antitrust Division’s commitment to holding companies accountable for conspiracies that fix prices on parts used in every day products,” said Assistant Attorney General Bill Baer of the Department of Justice’s Antitrust Division.  “The Antitrust Division will vigorously prosecute companies that engage in schemes that subvert normal competitive processes and defraud American consumers and businesses.”

According to the charge, Espar and its co-conspirators discussed parking heater prices for commercial vehicles, agreed to set a price floor for parking heater kits for commercial vehicles sold to aftermarket customers, and agreed to coordinate the timing and amount of price increases for parking heaters for commercial vehicles sold to aftermarket customers.  The companies carried out the agreement and exchanged information for the purpose of monitoring and enforcing adherence to the agreement.

Espar is charged with price fixing in violation of the Sherman Act, which carries maximum penalties of a $100 million criminal fine for corporations.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.      

Today’s plea is the result of an ongoing federal antitrust investigation being handled by the Antitrust Division’s New York Office, with assistance from the FBI’s New York Field Office.

NATURALIZED U.S. CITIZEN SENTENCED FOR FAILING TO DISCLOSE TERRORISM CONVICTION

FROM:  U.S. JUSTICE DEPARTMENT
Thursday, March 12, 2015
Naturalized U.S. Citizen Sentenced on Immigration Fraud for Failing to Disclose Terrorism Conviction

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan and Special Agent in Charge Marlon Miller of Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Detroit Field Office announced that a naturalized U.S. citizen was sentenced today to serve 18 months in prison for her Nov. 10, 2014, conviction on immigration fraud for failing to disclose that she had been convicted of participating in a terrorist bombing.

Rasmieh Yousef Odeh, 67, a Chicago-area resident, was found guilty by a jury of procuring her U.S. citizenship unlawfully on Nov. 10, 2014, after a five-day trial.  According to the indictment, Odeh was convicted in Israel for her role in the 1969 bombings of a supermarket and the British Consulate in Jerusalem, which were carried out on behalf of the Popular Front for the Liberation of Palestine (PFLP), a designated terrorist organization.  Odeh and others placed multiple bombs at the British Consulate and in a supermarket.  One of the bombs placed at the supermarket detonated, killing two and injuring others.  A bomb placed at the consulate caused structural damage to the facility.  Odeh was sentenced by Israeli military authorities to life imprisonment, but was released after 10 years as part of a prisoner exchange and she then returned to the West Bank.

The evidence presented at trial established that in 1995, Odeh immigrated to the United States and was naturalized as a citizen in 2004.  In her immigration documents filed in the United States, Odeh failed to disclose her arrest, conviction and imprisonment overseas, which were material facts for the U.S. government in determining whether to grant her citizenship.

“The United States government is entitled to accurate information about people who are asking permission to enter and stay in the country,” said U.S. Attorney McQuade.  “A prior conviction for committing a terrorist bombing is a very significant fact, and failure to disclose this information is a serious fraud against the United States.”

“Today's sentencing and deportation order against the defendant underscores the severe penalties that await those who attempt to defraud the immigration system by hiding derogatory information from their past,” said Special Agent in Charge Miller.  “When individuals are less than truthful on their immigration documents, the system is severely undermined and the security of our nation is put at risk.  I applaud the HSI special agents and federal prosecutors who worked tirelessly to resolve this lengthy and complex investigation.”

As part of her sentence, the Honorable U.S. District Judge Gershwin A. Drain revoked Odeh’s U.S. citizenship and ordered her removed and deported to Jordan.  Judge Drain stayed the execution of these orders pending her appeal of the conviction.  Judge Drain also granted Odeh’s request to remain on bond pending her appeal.

This case was investigated by special agents of ICE-HSI and prosecuted by Assistant U.S. Attorney Jonathan Tukel and Special Assistant U.S. Attorney Mark Jebson of the Eastern District of Michigan, and Trial Attorney Elisabeth Poteat of the Justice Department’s National Security Division.

TELEMARKETING SCAMMERS BANNED BY COURT FROM THE TELEMARKETING BUSINESS

FROM:  U.S. FEDERAL TRADE COMMISSION
Court Orders Ringleader of Scam Targeting Seniors Banned From Telemarketing
Court Imposes $10.7 Million Judgment

A U.S. district court has permanently barred the ringleader of a multi-million dollar fraud that targeted seniors from all telemarketing activities, agreeing with the Federal Trade Commission’s allegations that he illegally withdrew money from U.S. consumers’ accounts and funneled it across the border to Canada.

The summary judgment entered against Ari Tietolman and the related default judgment entered against associated U.S. and Canadian corporate entities also impose a judgment of $10.7 million.

“Callers working for Ari Tietolman lied to older people and took their money without permission,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Their actions were abhorrent. We’re gratified that the court banned Mr. Tietolman from any future telemarketing and awarded over $10 million.”

According to the evidence upon which the court based its findings, Tietolman and his associates established a network of U.S. and Canadian entities to carry out their scam. The defendants used a telemarketing boiler room in Canada, where Tietolman lives, to cold-call seniors claiming to sell fraud protection, legal protection, and pharmaceutical benefit services for $187 to $397.

The court found that Tietolman’s telemarketers deceived consumers to obtain their bank account information. Sometimes the telemarketers even convinced consumers they were affiliated with banks or government entities. The defendants then used consumers’ bank information to create checks drawn on the consumers’ bank accounts. They deposited these “remotely created checks” into corporate accounts set up by defendants in the United States, thus debiting consumers’ accounts without permission. The U.S.-based defendants then transferred the money to accounts in Canada.

The court found that these actions violated the FTC Act and the agency’s Telemarketing Sales Rule. The court found that Tietolman’s scheme caused $10,734,255.81 in consumer harm and awarded the FTC a judgment for that amount.

In addition to the monetary judgment, the court’s orders bar Tietolman and the corporate defendants from all telemarketing activities, ban them from using remotely created checks and payment orders, prohibit them from charging consumers without their express informed consent, and bar them from making misrepresentation during the sale of any goods or services.

The corporate defendants in the case include First Consumers LLC; PowerPlay Industries LLC; Standard American Marketing, Inc.; 1166519075 Quebec Inc., doing business as (d/b/a) Landshark Holdings Inc.; and 1164047236 Quebec, Inc. d/b/a Madicom, Inc.

Last month, two defendants in the scheme who were operating in the U.S., Marc Ferry and Robert Barczai, agreed to stipulated orders settling the charges against them.

The FTC would like to thank the Royal Canadian Mounted Police and the Centre of Operations Linked to Telemarketing Fraud (Project COLT) for their valuable assistance. Launched in 1998, Project COLT combats telemarketing-related crime and includes members of the Royal Canadian Mounted Police, Sureté du Québec, Service de Police de la Ville de Montréal, Canada Border Services Agency, Competition Bureau of Canada, Canada Post, U.S. Department of Homeland Security (U.S. Immigration and Customs Enforcement and the U.S. Secret Service), the U.S. Postal Inspection Service, the Federal Trade Commission, and the Federal Bureau of Investigation. Since its inception, Project COLT has recovered $26 million for victims of telemarketing fraud.

THREE "TAX BREAK 2000" DEFENDANTS SENTENCED TO PRISON FOR TAX FRAUD

FROM:  U.S. JUSTICE DEPARTMENT
Wednesday, March 11, 2015
Ex-Casino Owner, Nevada Businessman and Former NFL Player Sentenced to Prison in Massive Tax Fraud Scheme
Court Orders More than $35 Million in Restitution

A former casino owner from Henderson, Nevada, a former businessman from Las Vegas and a former NFL punter from Upland, California, were sentenced yesterday in U.S. District Court in Las Vegas to serve prison time and ordered to pay more than $35 million in restitution for conspiracy and fraud related to their promotion of a fraudulent tax product through the now-defunct National Audit Defense Network (NADN), announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.

Alan Rodrigues, NADN’s former general manager and executive vice president, was sentenced to serve 72 months in prison to be followed by three years of supervised release and to pay a $2,000 special assessment by U.S. District Court Judge Miranda Du of the District of Nevada.  Rodrigues was ordered to pay restitution of more than $35 million to customers of NADN who purchased the fraudulent tax product.  Weston Coolidge, a businessman who previously served as NADN’s president, was sentenced by Judge Du to serve 70 months in prison followed by three years of supervised release, and to pay a $2,000 special assessment for his part in the fraud.  Coolidge was also ordered to pay restitution of more than $35 million to victims of the fraud.  Joseph Prokop, who previously served as the National Marketing Director for Oryan Management and Financial Services, a company affiliated with NADN, was sentenced to serve 18 months in prison to be followed by 30 months home confinement and three years of supervised release.  Prokop was also ordered to pay a $1,800 special assessment and restitution to victims of more than $35 million.  At sentencing, Judge Du found that the defendants were responsible for fraud losses of more than $36 million and an intended tax loss of more than $60 million.

On May 27, 2014, after a six-week jury trial, the three defendants were convicted of one count of conspiracy to defraud the United States, 13 counts of aiding and assisting in the preparation of false income tax returns and four counts of mail fraud.  Rodrigues and Coolidge were each convicted of an additional two counts of aiding and assisting in the preparation of false income tax returns.

“Business professionals who design, market and sell fraudulent tax products by criminally exploiting select provisions of the tax code will be prosecuted to the full extent of the law,” said Acting Assistant Attorney General Ciraolo.  “The prison sentences handed down yesterday against the defendants demonstrate that the Department of Justice is committed to holding individuals responsible for their criminal conduct.”

The evidence at trial established that through NADN, the defendants promoted and sold a product called Tax Break 2000 to customers throughout the United States.  NADN began to promote and sell Tax Break 2000 in early 2001.  Tax Break 2000 purported to be an online shopping website.  The defendants falsely and fraudulently told customers that buying the product would allow them to claim legitimate income tax credits and deductions under the Americans with Disabilities Act (ADA) by modifying the website each customer was provided to make it accessible to the disabled.  NADN charged $10,475 for the product to maximize the fraudulent income tax credits and deductions that individuals would claim on their tax returns.  Although the price of the product that was claimed on the tax returns was $10,475, the customers only paid between $2,000 and $2,695 out-of-pocket.  The remainder of the cost was covered by a promissory note that customers were not expected to repay.

The defendants knew that the websites provided to customers made little, if any, money from sales commissions and that they did not entitle the purchaser to either a tax credit or any deductions.  The defendants nonetheless taught and directed the tax return preparers working for NADN to prepare thousands of tax returns for customers that claimed the fraudulent tax credit and deductions.  When special agents of the Internal Revenue Service (IRS) began to investigate Tax Break 2000 and NADN, the evidence showed that the defendants sought to cover up the fraud by creating false IRS Forms 1099 that reported fictitious income to make it appear that the websites were in fact earning money.

From 2001 through approximately May 2004, NADN sold the Tax Break 2000 product more than 18,000 times to thousands of customers located throughout the United States.  As a result of the defendants’ fraud, thousands of NADN customers were audited by the IRS.  On April 13, 2004, the Tax Division filed a civil complaint seeking to enjoin, among others, NADN, Rodrigues, Coolidge and Prokop from selling fraudulent tax schemes, including Tax Break 2000.  NADN ceased operations in May 2004.

“We view schemes like Tax Break 2000 as organized tax evasion” said Special Agent in Charge John Collins of IRS Criminal-Investigation (IRS-CI).  “It is a top priority for the IRS to stop promoters of these harmful schemes.  The public should remember the old saying ‘if it sounds too good to be true, it probably is.’  Instead of being a tax break this fraudulent product cost the victims much more in the end with interest and penalties.”

Acting Assistant Attorney General Ciraolo commended the special agents of IRS-CI who investigated the case.  She also commended the substantial efforts of former Trial Attorneys Timothy J. Stockwell and Katherine L. Wong, and Paralegal Larry Garland of the Tax Division, who prosecuted the case, and Trial Attorney Mark L. Williams of the Tax Division, who assisted with sentencing.  Acting Assistant Attorney General Ciraolo thanked the U.S. Attorney’s Office of the District of Nevada in Las Vegas for their substantial assistance.

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