A PUBLICATION OF RANDOM U.S.GOVERNMENT PRESS RELEASES AND ARTICLES
Monday, March 19, 2012
FRAUD AND TAX EVASION COST FORMER ARIZONA STATE REP. $140,000
The following excerpt is from the Department of Justice website:
Wednesday, March 14, 2012
Former Arizona State Representative Pleads Guilty to Wire Fraud and Tax Evasion Related to the Misuse of More Than $140,000 in Charity Funds
WASHINGTON – Richard David Miranda, a former Arizona state representative, pleaded guilty today in the U.S. District Court for the District of Arizona to a two-count information charging him with defrauding a charity of more than $140,000 and evading income tax related to those unlawfully obtained funds.
The guilty plea was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; Special Agent in Charge James L. Turgal of the FBI’s Phoenix Field Office; and Special Agent in Charge Dawn Mertz of the Internal Revenue Service-Criminal Investigation (IRS-CI) Phoenix office.
“Mr. Miranda, a former member of the Arizona legislature and executive director of a non-profit organization, pleaded guilty today to using over $140,000 of the charity’s funds for his personal expenses, and then failing to disclose the extra income on his tax return,” said Assistant Attorney General Breuer. “Having admitted this illegal conduct, Miranda will now face the consequences of his actions. This Justice Department will continue to hold elected officials, just like ordinary citizens, accountable for their crimes.”
“The Federal Bureau of Investigation, the Internal Revenue Service and the Department of Justice remain steadfast in our efforts to combat public corruption at all levels of government by investigating and prosecuting those who deliberately abuse the public’s trust by using their office for personal gain stated,” said FBI Special Agent in Charge James L. Turgal Jr. “The FBI and our law enforcement partners are committed to holding our elected officials accountable from intentionally engaging in schemes to profit from fraudulent activity and exploiting the faith placed in them by the American public.”
“It is an embarrassment to the state and its people when a state representative deceives those he was elected to represent,” said IRS Special Agent in Charge Mertz. “Former Representative Miranda selfishly defrauded a charity that was established to assist disadvantaged members of the community and used the profits for his own benefit. Those in public office should be held to a higher standard and are not exempt from criminal prosecution.”
Miranda, 55, of Tolleson, Ariz., served as a member of the Arizona House of Representatives for the 13th District from 2011 until his resignation, effective Feb. 20, 2012. Miranda previously served as a member of the Arizona State Senate from 2002 until 2011, and the Arizona House of Representatives from 1999 until 2002. According to court documents, since July 2002, Miranda also served as executive director of Centro Adelante Campesino Inc. (Centro), a non-profit charitable organization that provided food, clothing and educational assistance to persons in need, including migrant farm workers, in and around Maricopa County, Ariz.
According to court documents, in May 2005, Miranda initiated a scheme to wind down Centro, sell Centro’s sole remaining asset (a building), and use the proceeds of the sale for personal expenses. To do so, Miranda removed the charity’s longstanding volunteer accountant as an authorized signer on the charity’s bank and credit union accounts, and assumed sole control of the charity’s accounts and financial records. He also told the volunteer accountant that the proceeds of the sale would be used to fund scholarships. In March 2007, the building was sold for $250,000, and on March 7, 2007, a significant portion of the profits of that sale – $144,576 – were wired across state lines into Centro’s credit union account.
According to court documents, within one week of the wire transfer, Miranda began to withdraw the proceeds from Centro’s credit union account without the authorization or knowledge of Centro’s board of directors. For example, Miranda obtained two checks payable to himself totaling $37,000, and paid off personal credit card debts totaling more than $60,000. By Dec. 31, 2007, Miranda had withdrawn the remaining proceeds (approximately $46,836) using checks, withdrawals and electronic funds transfers, and used the funds to pay off additional personal debts and make numerous purchases for personal travel, services, clothing, food and household items. Miranda also failed to report the proceeds of the sale as income on his IRS Form 1040 for calendar year 2007.
The charge of wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine, or twice the amount gained or lost in the scheme. The charge of attempt to evade or defeat tax carries a maximum penalty of five years in prison and a $100,000 fine. Sentencing has been scheduled for June 5, 2012.
The case is being prosecuted by Trial Attorneys Edward T. Kang, Monique T. Abrishami and Brian A. Lichter of the Criminal Division’s Public Integrity Section, and Assistant U.S. Attorney Frederick A. Battista of the District of Arizona. The case is being investigated by agents from the FBI Phoenix Field Office and IRS-CI Phoenix Office.
DOD WORKS TO CONTROL LOOSE NUKES
The following excerpt is from a U.S. Defense Department American Forces Press Service e-mail:
Official: DOD Improves Posture on 'Loose Nuke' Threat
By Cheryl Pellerin
American Forces Press Service
WASHINGTON, March 15, 2012 - Though the Defense Department's role in nuclear nonproliferation centers on dismantling weapons of mass destruction in former Soviet Union states, DOD also plans, equips and trains for scenarios in which terrorists get their hands on nuclear weapons, the principal deputy assistant defense secretary for global strategic affairs said yesterday.
Kenneth B. Handelman testified with colleagues from the State Department, the Energy Department's National Nuclear Security Administration and the Government Accountability Office before the Senate Homeland Security and Governmental Affairs Committee's subcommittee on oversight of government management.
The hearing focused on interagency nuclear nonproliferation efforts around the world.
For fiscal 2013, Handelman said, President Barack Obama's budget request for the Nunn-Lugar Cooperative Threat Reduction Program, or CTR, is $519 million, roughly $130 million of which would be devoted to nuclear security-related activities, which he called "truly a governmentwide team effort." CTR is an initiative created in 1991 to secure and dismantle weapons of mass destruction and associated infrastructure in former Soviet Union states.
DOD's contribution to the nuclear security effort "comes primarily through CTR," Handelman said.
"However," he added, "given DOD's overall mission to defend the nation, there's a whole world of separate nuclear-security activities for which my agency plans, equips and trains."
Such activities, he said, "center on a scenario none of us want to confront; namely, what to do when we think the bad guys actually have gotten their hands on really bad things."
Planning for this type of "loose-nukes" situation is evolving substantially, Handelman said, and the watchword for DOD's new thinking focuses on integration across DOD components and across the government.
"For instance," he said, "the instability or collapse of a nuclear-armed state could quickly lead to the proliferation of nuclear weapons or materials well beyond the country of origin and involve multiple state and nonstate actors as it moves across the globe."
Today, Handelman said, the services are working to improve DOD's defensive posture against the threat by enhancing the homeland's protective posture, working with the intelligence community to better analyze and track terrorist networks, identifying likely paths to proliferation, and improving the ability to characterize the source and nature of loose-nuke threats.
"Our work at DOD has focused on how U.S. military units would coordinate with other U.S. agencies and with allies and partners in the face of such a loose-nuke threat scenario," Handelman said.
Handelman said the first line of defense in attaining global nuclear security is a group of activities in which agencies from across the U.S. government participate, including DOD.
Thomas Countryman, assistant secretary of state for international security and nonproliferation, described for the panel a three-tiered U.S. strategy -- site level, country level and global level -- to lock down or remove vulnerable nuclear materials.
"At the site level," he said, "we work with other countries to minimize the civilian use of highly enriched uranium, to eliminate unneeded weapons-usable material, and to improve security at specific sites."
Where site-level assistance is inappropriate," Countryman added, "we cooperate at the country level with foreign governments to exchange best practices and to demonstrate the safe use of equipment."
At the global level, the assistant secretary said, the United States helps to develop global initiatives through the Nuclear Security Summit process, the United Nations and other means to improve nuclear security around the world."
One example is U.S. engagement with the Global Initiative to Combat Nuclear Terrorism, he added, a partnership of 83 nations that conduct activities to strengthen plans, policies and interoperability on the issue of nuclear terrorism.
The National Nuclear Security Administration also makes important contributions at the site and national levels, Anne Harrington said, including working with partner countries on their nuclear security centers of excellence.
"These centers form an important network that will allow countries and regions to strengthen capabilities to secure facilities and to deter, detect and interdict illicit trafficking of nuclear and radiological material," she said.
The NNSA also holds quarterly coordination meetings with DOD colleagues at the assistant-secretary level, Harrington said, "to discuss areas of common interest, coordinate on program ideas and do forward planning."
The United States is looking forward into a global nuclear economy, she added, one that, despite the incidents at the tsunami-damaged Fukushima nuclear plant in Japan, will continue to expand in terms of use of nuclear power and uranium commerce.
"As long as nuclear materials exist," Countryman told the panel, "we will have the same need to set the best possible example in the United States of securing those materials and of sharing that capability for protection with other countries, motivating them to do the same."
ATTORNEY GENERAL HOLDER COMMENTS ON INTER-AGENCY TASK FORCE MANDATE TO COMBAT HUMAN TRAFFICKING
The following excerpt is from the U.S. Department of Justice website:
Today Attorney General Eric Holder joined members of the president’s cabinet and other senior advisors at the White House for a meeting of the Interagency Task Force to Monitor and Combat Trafficking in Persons.
Speaking at the meeting, the Attorney General said:
For the Department of Justice, our commitment to preventing human trafficking, bringing traffickers to justice, and assisting victims has never been stronger – and our approach has never been more effective. Our work has sent a clear and critical message: that, in this country – and under this Administration – human trafficking crimes will not be tolerated. I’m proud to report that, this past year, we charged nearly 120 defendants – a record number – in human trafficking cases. And, over the last three years, we’ve achieved significant increases in human trafficking prosecutions – including a rise of more than 30 percent in the number of forced labor and adult sex trafficking prosecutions.
This work has saved lives, ensured freedom, and restored dignity to women, men, and children in virtually every corner of the country. We’ve liberated scores of victims; secured long prison sentences against individual traffickers; and dismantled large, transnational organized criminal enterprises.
The Department of Justice’s comprehensive approach to prevent human trafficking involves the work of many offices. That’s why the Attorney General formed the Anti-Trafficking Coordination Team – or “ACTeam” – Initiative, an interagency collaboration among the Departments of Justice, Homeland Security, and Labor aimed at streamlining federal criminal investigations and prosecutions of human trafficking offenses.
The scourge of human trafficking goes beyond our borders. The Department of Justice continues to work closely with our international counterparts. For instance, we’ve advanced the U.S.-Mexico Human Trafficking Bilateral Enforcement Initiative, in collaboration with DHS and Mexican law enforcement counterparts, to develop high-impact bilateral investigations and prosecutions to dismantle international human trafficking networks, resulting in landmark convictions in coordinated prosecutions under both U.S. and Mexican law.
Department officials have also shared their expertise and helped to train hundreds of prosecutors, investigators and law enforcement officials in partner countries abroad through our International Criminal Investigative Training Assistance Program (ICITAP). ICITAP supported the international anti-human trafficking effort through program activities in seven countries on three continents.
In addition to ensuring those who perpetuate these crimes are found and brought to justice, the department’s anti-trafficking grant programs, training and technical assistance initiatives continue to support communities in building capacity to combat human trafficking and assist victims.
These programs take a multidisciplinary approach to human trafficking prevention and encourage close partnerships among federal prosecutors, state and local law enforcement, victim service providers, and other federal partners, including the FBI, U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, and the Departments of Health and Human Services, Labor, and State.
Supplementing training and grant programs are resources like the Anti-Human Trafficking Task Force Strategy and Operations eGuide, a comprehensive online resource to assist anti-trafficking task forces in establishing, strengthening, and operating multidisciplinary response teams to identify and assist trafficking victims across the country.
To better understand trafficking, the National Institute of Justice continues to expand its research portfolio to understand how and why trafficking occurs, how to best help victims and examine the reasons why these crimes go under-reported in the United States.
POISONING CAUSES MANY U.S. DEATHS ACCORDING TO THE CDC
The following excerpt is from the CDC website:
Poisoning is a Major Cause of Death from Injury in the U.S.
US Government raising awareness of accidental exposures during National Poison Prevention Week
WASHINGTON – The Environmental Protection Agency is joining forces with its federal partners to raise awareness of the dangers of poisoning, especially to children, during National Poison Prevention Week, March 18-24. In just the past year, America’s 57 poison control centers fielded 4 million calls, treating 2.4 million human poison exposures and handling 1.6 million information calls.
EPA, the Centers for Disease Control and Prevention, Health Resources and Services Administration, Consumer Products Safety Commission, Department of Housing and Urban Development, as well as the American Association of Poison Control Centers are urging parents and caregivers to be vigilant and take steps now to prevent unnecessary exposures and poisonings throughout the year.
In recognition of National Poison Prevention Week, EPA urges parents and caregivers to secure chemicals and pesticides in locked cabinets out of children's reach. According to recently published poison-center data, annually more than 150,000 calls to poison centers involved pesticides and disinfectants. Greater than half of pesticide exposures involved children five years or younger. Additionally, the top five most-common exposures to children include cosmetics and personal care products, pain medication, cleaning products, foreign objects, and creams.
The development of child-resistant packaging on medicines and household chemicals and the banning of lead-based paint have had a significant impact in preventing poisonings and making homes safer. In addition, new EPA packaging requirements ensure that children and pets cannot access certain pesticides. For example, manufacturers of rodenticides now must enclose the products in plastic bait stations so that only the target pests are affected.
Even though progress has been made there is need for increased awareness about existing hazards posed from pest control products, prescription medicine abuse and household chemicals.
At the front line of the effort to reduce poisonings are the activities of the National Poison Prevention Week Council, which is marking its 50th anniversary this year. The council's key goal is to create national awareness about the risk of injury or death due to poisoning.
The themes for the Seven Days of Poisoning Prevention are:
Sunday: Poisonings Span a Lifetime
Monday: Children Act Fast, So Do Poisons
Tuesday: Poison Centers: Saving Lives 24/7
Wednesday: Take Your Medicines Safely
Thursday: Home, Safe, Home
Friday: Poison Prevention Superhero: Share Your Stories
Saturday: 50 Ways to Prevent Poisonings
BROTHERS RECALL AFGHANISTAN
The photo and following excerpt is from the Department of Defense American Forces Press Service website:
Army brothers Spc. Duane Vinson, left, and Sgt. Bryan Vinson, right, returned to Fort Bragg, N.C., after a nine-month deployment to Afghanistan. The brothers, who are both assigned to 1st Battalion, 505th Parachute Infantry Regiment, 3rd Brigade Combat Team, 82nd Airborne Division, deployed with the same battalion, but saw each other only five or six times throughout their deployment. U.S. Army photo by Spc. Terrance Payton
Face of Defense: Army Brothers Recall Afghanistan Duty
By Army Sgt. Terrance Payton
82nd Airborne Division Public Affairs
FORT BRAGG, N.C., March 16, 2012 - A nine-month deployment to Afghanistan came easier to two Army brothers with the 82nd Airborne Division, who recently returned here.
Sgt. Bryan Vinson and Spc. Duane Vinson, both infantrymen with the division's 505th Parachute Infantry Regiment, 1st Battalion, Company C, were among 700 paratroopers who returned home here last month.
The brothers were both in northern Afghanistan and saw each other five or six times during their deployment.
"We really didn't have the capability to contact each other," said Duane, a squad automatic weapon gunner. "It was more knowing when our teams were going to certain areas that we would cross paths."
Even with infrequent encounters, Duane said, it helped having his brother nearby. "It was like a piece of back home over there. I could tell him stories like old times," he said.
Bryan, the older brother and a team leader with the 3rd Platoon, agreed. "It was almost exciting because sometimes we would go out and not know that the other would be somewhere and run into each other. It was a real uplifting thing to see him."
"We were extremely close growing up," he added. "We grew up playing sports and always looking out for each other. Honestly, we've almost been inseparable."
The two soldiers, who are from Hendersonville, Tenn., said they share a special relationship with their father who served as an Army cavalry scout and also is named Duane.
"He made sure that we stayed close to each other," the younger Duane said. "He taught us a lot about being men and a lot about being soldiers."
"He understands the kind of bond that you share with fellow soldiers," Bryan said. "To see him and be able to share our experiences with him; he has an understanding of what we're talking about, that's what so great about him being prior service."
Bryan, who has been at Fort Bragg for about a year longer than his brother, said he worried about his younger brother. "As an older brother, I naturally feel protective of him," he said. "I never really understood how my parents felt about me being here or deploying until he came here and we were deploying together."
The brothers said their father dealt with the deployment well, and helped their mother deal with the absence of her sons.
"My mother was nervous, but she was almost happy that we would be deploying together," Duane said. "She felt that if we deploy together that there would be chances that we would see each other and be able to watch out for each other."
The brothers' deployment together made their already close relationship even closer, they said.
"We grew up in a good family and have been extremely close our entire lives," Bryan said. "We already had a strong bond, but being here together and deploying together, that bond has increased tenfold."
He added that he also is grateful to the Army buddies he deployed with.
"Yeah, I have my biological brother here with me, but none of this deployment would have been possible without the guys in our company, leaders and the guys who followed us," Bryan said. "We were out there together, but those guys looked after us. We couldn't have done any of this deployment or this job without the support of any of those people."
FEMA SAYS DISASTER VICTIMS SHOULD WATCH OUT FOR FRAUD
The following excerpt is from the FEMA website:
FRANKFORT, Ky. -- Survivors of the Feb. 29 and March 2, 2012 tornadoes, straight line winds and flooding and storms in Kentucky should be on the alert for scam artists who may approach you in person, by telephone or via the Internet.
Be alert when your doorbell rings. People going door-to-door to damaged homes or telephoning disaster survivors and claiming to be building contractors could be frauds. If visitors or callers solicit personal information such as Social Security or bank account numbers, or for money, they are not legitimate.
Emails which offer some form of assistance but require personal data such as Social Security numbers or bank account and credit card numbers may be fraudulent and can enable identity theft. FEMA will never ask for this information via email or other electronic communication.
Federal disaster workers do not solicit or accept money. Remember, FEMA and SBA staff members never charge applicants for disaster assistance, inspections or for help in filling out applications. If in doubt, do not give out information. You should report people claiming to be government workers to local police.
FEMA inspectors only verify damage. They do not determine the amount of a federal grant. FEMA inspectors do not hire or endorse specific contractors to repair damage.
To safeguard against disaster-related fraud, FEMA and Kentucky Emergency Management officials suggest the following precautions:
Ask for official identification. If someone represents him or herself as a federal employee such as an inspector, but doesn't produce identification, you should ask to see the identification. A FEMA shirt or jacket is not absolute proof of someone's affiliation with the government.
Inspectors sent by FEMA, or verifiers from the SBA, carry official, laminated photo identification. Applicants may receive a visit from more than one inspector or verifier.
Safeguard personal information. Do not give your Social Security number, bank account or FEMA registration number to individuals claiming to be affiliated with the federal government. FEMA inspectors never require this information.
When you called FEMA to register, you were asked for your Social Security number. If you asked for direct deposit, you also gave a bank number. If a FEMA representative makes a follow-up call to you, he or she will ask for the last four digits of your Social Security number and then he or she will verify other critical information which may include your banking information, depending on the reason for the call.
If you suspect anyone of committing fraudulent activities, whether it is a contractor, inspector, disaster survivor or someone posing as any of these, call the Disaster Fraud Hotline toll-free at 800-323-8603. Also let your local law enforcement agencies know.
FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.
NAVY WORKING TO KEEP STRAIT OF HORMUZ OPEN
The following excerpt is from a U.S. Department of Defense American Forces Press e-mail:
Navy Looks to Bolster Capabilities in Persian Gulf
By Jim Garamone
American Forces Press Service
American Forces Press Service
WASHINGTON, March 16, 2012 - The Strait of Hormuz is a critical global choke point and the U.S. Navy is ensuring it has all the capabilities needed for this transit point to remain open, Navy Adm. Jonathan W. Greenert, chief of naval operations, said today.
The admiral told the Defense Writers' Group that the Navy is beefing up capabilities in the Persian Gulf, through which much of the world's oil flows.
On one side of the strait are U.S. allies Oman and the United Arab Emirates. On the other side is Iran, whose leaders have threatened to shut down the strategic body of water.
Greenert spoke with Marine Corps Gen. James N. Mattis, commander of U.S. Central Command, soon after he became CNO in September 2010. Mattis said there were capabilities he needed more of, the admiral recalled.
Greenert went to the region and assessed what the Navy needed "to set the theater." He was aboard the aircraft carrier USS John C. Stennis as it exited the Gulf through the Strait of Hormuz.
"I got a good look at the situation," the admiral said. "A lot of the Iranian navy was out there ... not really threatening, but being vigilant, and I thought through that."
He met with Central Command and Navy leaders and laid out what more is needed in the region.
Greenert said he will double the number of mine warfare assets in the region, including mine sweepers -- going from four ships to eight -- and anti-mine aircraft in the form of four more CH-53 Sea Stallion helicopters.
The admiral also wants to increase the readiness of the forces in the region. "If I have four out there, how many are ready to go on any given day?" he said. "I wanted to make sure we are good on that and it includes spare parts, maintenance and contractor support."
Greenert said the Navy also is sending more underwater unmanned autonomous mine neutralization units to the region. "They are effective, they work well and our British partners know how to use them as well," he said.
For ships sailing through the strait, the Navy is providing more infrared and electro-optical capabilities. "We want to make sure that all the ships that deploy have the same configuration on board and the crews are proficient," the admiral said.
Navy forces need more short-range defenses in the region, Greenert said. It is a constrained area, he noted, and while carrier battle groups have excellent long-range defenses, they need something more. "It's like being in an alley with a rifle, and maybe what you need is a sawed-off shotgun," he said.
The Navy is looking at placing Mark 38 Gatling guns aboard the escorts or the carriers themselves, the admiral said.
"We have five patrol craft. They are 200-foot vessels that are armed with small arms. There are relatively short-range missiles out there -- roughly four miles -- and they are pretty effective according to special operations command," he said. "I want to look and see if they are compatible with our [patrol craft] ... so they are a more effective, more lethal vessel."
There are five patrol craft in the United States, three more coming back to the Navy from the Coast Guard and five in the Persian Gulf, Greenert said
"I want to move toward upgrading the PCs in the United States with Gatling guns and put them in Bahrain, ultimately, and we'll have 10 [in the Gulf]," the admiral said.
Within a year, most of the capabilities will be in place in region, he said.
Sunday, March 18, 2012
SEC CHARGES FORMER EXECUTIVE AT CKE RESTAURANTS WITH INSIDER TRADING
The following excerpt is from the SEC website:
March 16, 2012
On March 15, 2012, the Securities and Exchange Commission charged a former executive at the parent company of Carl’s Jr. and Hardee’s fast food restaurants with insider trading in the company’s securities based on confidential information he learned on the job.
The SEC alleges that Noah J. Griggs, Jr., who was executive vice president of training and leadership development at CKE Restaurants Inc., made two purchases totaling 50,000 shares of CKE stock after attending an executive meeting during which he learned that the company was in discussions with private equity investors about a possible acquisition. Griggs made a potential profit of $145,430 after the stock price soared when the merger was announced publicly. Griggs has agreed to pay $268,000 to settle the SEC’s charges without admitting or denying the allegations.
According to the SEC’s complaint filed in U.S. District Court for the Central District of California, Griggs attended a monthly strategic planning meeting on Friday, Nov. 20, 2009. CKE’s CEO cautioned the executives that information about the potential merger was confidential and nonpublic, and that no one should act on it. Nonetheless, on Monday morning November 23, Griggs bought 30,000 shares of CKE. He bought an additional 20,000 shares on Jan. 8, 2010. CKE and Thomas H. Lee Partners (THL) publicly announced a definitive merger on February 26 in which THL would acquire CKE. On news of the announcement, the value of Griggs’s shares increased significantly as CKE stock closed at $11.37 per share, up more than 27 percent from the previous day’s closing price of $8.91.
CKE Restaurants, Inc. is based in Carpinteria, California, and is the parent company of Carl Karcher Enterprises, which owns the fast-food restaurant brands of Carl’s Jr. and Hardee’s. Its common stock was listed on the NYSE under the ticker symbol CKR until July 13, 2010, when the NYSE suspended trading of the stock following the company’s acquisition by Columbia Lake Acquisition Holdings, Inc.
The SEC’s complaint charges Griggs with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(a) and (c). Griggs agreed to pay disgorgement of $145,430, prejudgment interest of $11,035.74, and a penalty of $111,730. He also agreed to the entry of a final judgment permanently enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 and barring him from serving as an officer or director of a public company for 10 years. The settlement is subject to court approval.
The SEC’s investigation was conducted by Los Angeles Regional Office enforcement staff Lorraine Echavarria and Carol Lally. The SEC acknowledges the assistance of NYSE Regulation, Inc. in this matter.
AIR FORCE SECRETARY DONLEY SAYS AIR FORCE WILL NOT TOLERATE WRONGDOING
The following excerpt is from a Department of Defense American Forces Press Service e-mail:
Donley: Air Force Will Not Tolerate Wrongdoing
By Cheryl Pellerin
American Forces Press Service
American Forces Press Service
WASHINGTON, March 16, 2012 - The Air Force will not tolerate wrongdoing, Air Force Secretary Michael B. Donley said in a statement today in response to a report by the independent Office of Special Counsel.
The investigative report, released today but presented to the Air Force in late January, found that Air Force officials at Dover Port Mortuary, Del., retaliated against mortuary employees who disclosed wrongdoing there.
"The Air Force will not tolerate wrongdoing, especially prohibited personnel practices, by employees," Donley said. "We continue to work closely with the Office of Special Counsel in addressing this issue."
Incidents of mishandling remains at Dover were reported by staff members and investigated in 2010 by the Army Inspector General, the Air Force Inspector General and the Air Force Office of Special Investigations.
At the time, the Air Force investigation found that some remains were not handled according to official procedures, and the mortuary leadership implemented corrective actions, including improvements in accountability, processes and procedures, record keeping and human and labor relations.
As a result of the investigation, in 2010 the mortuary commander received a letter of reprimand and two civilian employees were demoted and shifted to nonsupervisory jobs.
At a Nov. 10 news conference, Defense Secretary Leon E. Panetta noted concerns about this disciplinary action and other matters that were raised in a report by the Office of Special Counsel.
In light of the OSC report, Panetta said, he wanted to make sure the 2010 disciplinary actions were appropriate and that no management reprisals were taken at Dover against four employees who first reported the mishandling of remains.
In today's statement, Donley said the Air Force has reviewed the OSC report of reprisals taken against the whistleblowers. Disciplinary proceedings have been initiated, he said, and all decisions should be complete by mid- to late-April.
"We are reviewing all training materials with supervisors and employees to ensure people understand the rights of whistleblowers," Donley said.
"We are committed to a workplace climate that makes individuals feel confident that they can raise any concerns they may have, that those concerns will be taken seriously, and that those raising the concerns will be treated with respect and appreciation," the Air Force secretary added.
The whistleblowers, he said, performed an important service to the Air Force and the nation. They continue in their positions and the Air Force is working with OSC to correct their records.
"In the meantime," Donley said, "we are implementing the recommendations of the Defense Health Board subcommittee to assure the very highest standard of care for our fallen and their families. We are proud of the employees at AFMAO and their continued commitment to this mission."
Special Counsel Carolyn Lerner said the Air Force has committed to improving its internal investigation procedures and the way it remedies whistleblower retaliation claims.
"I am pleased the Air Force has agreed to take further disciplinary action and institute training to prevent whistleblower retaliation in the future," Lerner said.
"The Port Mortuary whistleblowers," she added, " ... courageously stepped forward to report malfeasance and misconduct in the care of our fallen service members."
Their actions, Lerner said, "have resulted in significant improvements at the mortuary."
SECRETARY OF STATE CLINTON SPEAKS AT U.K PRIME MINISTER CAMERON'S LUNCHON
The following excerpt is from a U.S. State Department e-mail:
Remarks at the Luncheon in Honor of UK Prime Minister David Cameron
Remarks Hillary Rodham Clinton
Secretary of State Benjamin Franklin Room
Washington, DC
March 14, 2012
Thank you all very much. Please be seated. Welcome to the State Department. We are thrilled and so pleased to host this luncheon for our very special guests, Prime Minister and Mrs. Cameron. It is wonderful to see all of you celebrating spring with us and knowing that our relationship, it’s always spring. It’s always being renewed, it is always durable, it is a cornerstone of both of our nations’ foreign policies, and it has such a great resonance between our two peoples.
Now I want to recognize our chef today. A native of Birmingham, England – not Alabama – (laughter) – who made herself a home in New York City as the executive chef of a couple of very hip restaurants. One, The Spotted Pig, the other The Breslin. So it’s really a delight to have April Bloomfield with us. She was just talking with the Prime Minister – (applause) – it was a very timely introduction because when the Prime Minister and President Obama exchanged gifts, President Obama gave the Prime Minister a barbeque. I mean a real, down-home American barbeque with a smoking compartment and everything else. So April stands ready to help, Prime Minister.
We joke about the special relationship, but that’s because we’re so comfortable with it. It means such a great deal to us. It is not just because of a wide range of shared interests, but our deeply rooted history and the unbreakable friendship between our countries. Now, of course the President did remind the Prime Minister at the White House ceremony this morning that we are at the 200th anniversary of the War of 1812. (Laughter.)
And I was pleased to tell my counterpart and friend, the Foreign Secretary, and also the Chancellor of the Exchequer, that it was my predecessor in one of my other lives, Dolly Madison, who actually saved the extraordinary portraits of George and Martha Washington. Having received word from her husband, who was truly been a commander-in-chief in the field, that unfortunately the British truly were coming. And – (laughter) – so she rushed from the White House, taking some treasures with her, leaving behind the meal that she had prepared for her husband and his officers. And the British officers ate the meal before they burned the White House. So – (laughter) – we are looking forward, but nevertheless, there are certain memories that are also of significance.
And how wonderful it is, here we are today and working together in so many important parts of the world: helping to bring peace and stability to Afghanistan; helping to promote successful transitions and democratic reforms in the Arab world. We worked alongside each other to end a dictator’s rule in Libya. We are now focused on helping the people of Syria realize a better future for themselves. We are grateful for the leadership that the Prime Minister and his government have shown on so many issues – just recently, I was in London for a conference on Somalia that they sponsored. No matter what the issue, we are standing together. So I know, Prime Minister and Samantha, that this is just a small measure of hospitality to try to demonstrate our commitment and appreciation for this relationship. We were so well treated when the President and I and our teams were on a state visit last year sponsored by the government, of course, her Majesty’s Government. So, we did the best we could with the weather. We think we pulled that off quite well. But it is now my great pleasure to welcome a dear friend, a great American, and a superb vice president, Joe Biden. (Applause.)
THREE NOBLE CORPORATE EXECUTIVES CHARGED BY SEC WITH BRIBERY
The following excerpt is from the SEC website:
March 14, 2012
SEC Charges Three Executives At Noble Corporation With Bribing Customs Officials In Nigeria
On February 24, 2012, the Securities and Exchange Commission today charged three Noble Corporation executives with violating the Foreign Corrupt Practices Act (FCPA) by participating in a bribery scheme to obtain illicit permits for oil rigs in Nigeria in order to retain business under lucrative drilling contracts.
The SEC alleges that former Noble CEO Mark A. Jackson along with James J. Ruehlen, who is the current Director and Division Manager of Noble’s subsidiary in Nigeria, bribed customs officials to process false paperwork purporting to show the export and re-import of oil rigs, when in fact the rigs never moved. The scheme was designed to save Noble Corporation from losing business and incurring significant costs associated with exporting rigs from Nigeria and then re-importing them under new permits. Bribes were paid through a customs agent for Noble’s Nigerian subsidiary with Jackson and Ruehlen’s approval.
The SEC separately charged Thomas F. O’Rourke, who was a former controller and head of internal audit at Noble. The SEC alleges that O’Rourke helped approve the bribe payments and allowed the bribes to be booked improperly as legitimate operating expenses for the company. O’Rourke agreed to settle the SEC’s charges and pay a penalty.
Noble Corporation was charged with FCPA violations as part of a sweep of the oil services industry in late 2010. The company cooperated with investigators and agreed to pay more than $8 million to settle civil and criminal cases.
According to the SEC’s complaint against Jackson and Ruehlen filed in U.S. District Court for the Southern District of Texas, the executives who perpetrated the scheme worked at Noble and Noble’s Nigerian subsidiary Noble Drilling (Nigeria) Ltd, whose rigs operated in Nigeria on the basis of temporary import permits granted by the Nigeria Customs Service (NCS). These temporary permits allowed the rigs to be in the country for a one-year period. NCS had the discretion to grant up to three extensions lasting six months each, after which the rigs were required to be exported and re-imported under a new temporary permit or be permanently imported with the payment of sizeable duties.
The SEC alleges that Jackson and Ruehlen had a role in arranging, facilitating, approving, making, or concealing the bribe payments to induce Nigerian customs officials to grant new temporary permits illegally and favorably exercise or abuse their discretion to grant permit extensions. Together, Jackson and Ruehlen participated in paying hundreds of thousands of dollars in bribes to obtain about 11 illicit permits and 29 permit extensions. Jackson approved the bribe payments and concealed the payments from Noble’s audit committee and auditors. Ruehlen prepared false documents, sought approval for the bribes, and processed and paid the bribes.
The SEC’s complaint against Jackson and Ruehlen alleges they directly violated the anti-bribery provisions of Section 30A of the Securities Exchange Act and the internal controls and false records provisions of Section 13(b)(5) and Rule 13b2-1 of the Exchange Act. The complaint alleges that they aided and abetted Noble’s violations of Section 30A and the books and records and internal controls provisions of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act. The complaint further alleges that Jackson directly violated Exchange Act Rule 13b2-2 by misleading auditors and Exchange Act Rule 13a-14 by signing false certifications of Noble’s financial statements. He also is liable as a control person under Section 20(a) of the Exchange Act for violations of the anti-bribery, books and records, and internal controls provisions by Noble, Ruehlen, and O’Rourke.
The SEC’s complaint against O’Rourke alleges that he aided and abetted Noble’s violations of the anti-bribery, books and records, and internal controls provisions of the Exchange Act, and that he directly violated the internal controls and false records provisions of the Exchange Act. Without admitting or denying the SEC’s allegations, O’Rourke consented to entry of a court order requiring him to pay a $35,000 penalty and permanently enjoining him from further violations of Sections 13(b)(2)(A), 13(b)(2)(B), 13(b)(5) and 30A of the Exchange Act and Rule 13b2-1.
SECRETARY OF DEFENSE PANETTA GIVES INTERVIEW TO AL HURRA TELEVISION
The following excerpt is from a Department of Defense e-mail:
Secretary of Defense Leon E. Panetta Interview with Al Hurra Television
Q: Mr. Secretary, thank you so much for being with Al Hurra. I would like to start by asking you about what's the purpose of your visit to the UAE, and do you think that the GCC is concerned about Iran's influence -- Iran's nuclear program in the region? (Continues in Arabic.)
SECRETARY LEON PANETTA: The purpose of my visit is to reaffirm the strong relationship that we have with the UAE [United Arab Emirates]. They're one of our strongest allies in the region. We work very closely with them on a number of areas. And what I'm here to do is to, again, confirm that relationship, talk with them about some of the issues that obviously are impacting the region. You mentioned one of them, Iran, and that they have concerns with regards to the situation there. And we'll have a good discussion on that as well as the situation in Syria. I'm sure we'll discuss that as well.
Q: What do you think -- do you think the policy of sanctions -- what has this policy achieved in regards to the Iranian nuclear program? (Continues in Arabic.)
SEC. PANETTA: You know, for the first time, I think, in a very long time, the international community is unified with regards to its policy towards Iran. It's very -- it's very clear, the message from the international community, that Iran should not develop a nuclear weapon and that it must become part of the family of international nations and abide by international rules. That's the main message.
And the international community has said that because of the behavior of Iran, we're going to make very clear that that has to change. So it's applied some very strong economic sanctions, very strong diplomatic sanctions, the strongest, I think, that have ever been applied against a nation.
And the result is that it's impacting on Iran. It's impacting on their economy, it's impacting on their quality of life, it's impacting on their business community, it's impacting on their energy community, and I think as a result, it is putting pressure on them, isolating them and making it very clear to them that they have to change their ways?
Q: When you say Iran shouldn't get the nuclear bomb, do you know if Iran is close to getting it, first? And do you think the Iranian nuclear weapon is an imminent threat? (Continues in Arabic.)
SEC. PANETTA: I think the intelligence is clear that they have not made a firm decision to proceed with the development of a nuclear weapon. They do, however, continue to develop their nuclear processing capabilities. They do enrichment, and they're continuing to locate additional enrichment facilities. All of that concerns us. We want to be able to have the IAEA [International Atomic Energy Agency], the nuclear agency, be able to go in, to be able to look at their facilities to determine whether or not they are abiding by international rules and international norms.
They have resisted that ability to inspect those facilities. We think they should. If their purposes are peaceful, if their purposes are to develop nuclear power for domestic reasons, then they shouldn't be afraid to allow the IAEA to do its inspection.
Q: Mr. Secretary, Iran is not the only country in the region who has a nuclear weapon. Pakistan has also a nuclear bomb. Why not -- why the Obama administration cannot live with a nuclear Iran? (Continues in Arabic.)
SEC. PANETTA: The concern is this, that Iran continues to try to destabilize nations, particularly in this region. They promote terrorism. They have supported terrorist activities throughout the region. They continue to be a destabilizing force in this area. And because obviously their intent and their purpose is not to promote stability in this region, for them to obtain a nuclear weapon would be extremely dangerous because it would virtually allow terrorism, then, to have the ability to use a nuclear weapon. That's dangerous.
Q: Mr. Secretary --
Q: Lately you were very specific about when Israel is going to attack Iran. Do you think now the probability that Israel could attack Iran has increased? (Continues in Arabic.)
SEC. PANETTA: I -- as the president -- President Obama has stated and I agree, we do not believe Israel has made a decision to do that. And as you know, we've engaged in a number of hearings with Prime Minister Netanyahu and have been very clear to him that we have the same concerns as Israel with regards to Iran and their -- and their developing a nuclear weapon, but that the international community is unified in putting pressure on Iran and that Israel should operate with the international community in increasing that pressure on Iran. That's the better way to go right now.
We think we have the room and the space to try to conduct diplomacy. Military action should always be a last resort. That's our system.
Q: Are you confident that Israel will not go unilaterally and attack Iran? And if Israel will go and attack Iran, does the United States -- will the United States intervene with Israel? (Continues in Arabic.)
SEC. PANETTA: Obviously Israel is an independent country, and they'll make whatever decisions they make on their own based on what they think is in their national interests. If they should make that decision, then obviously the United States will -- would take action to protect our facilities in this area and protect our interests in this area.
Q: Before going to another subject, discussing Syria, why is this impossible to reach a deal, solution with the Iranian government? (Continues in Arabic.)
SEC. PANETTA: Well, there have been efforts to try and negotiate on these issues, and unfortunately they have led nowhere. In order to be able to reach a deal, it takes two parties who are willing to engage in honest, direct and open discussions regarding this issue. I think if they are willing to do that, if they are willing to really sit down and negotiate (in seriousness ?) over this very difficult and complicated issue, that obviously that would be the better approach. But the window for that kind of diplomatic solution, as pointed out by the president and by the prime minister of England, that window is closing. They have to -- they have to show a willingness to negotiate on these issues and do that soon.
Q: I would like to ask you about Syria. Do you still believe that it's pretty much -- (inaudible) -- to intervene militarily in Syria? (Continues in Arabic.)
SEC. PANETTA: Again, I believe that the best course of action is to maintain the international pressure against Syria. Again, the international community has been unified, along with the Arab League, in applying sanctions against Syria, making very clear that Assad should step down and allow the Syrian people to control their destiny. This is the main message.
We should continue to apply that pressure, continue to use every avenue to try to make very clear to Assad that it is important for him to now step down, to allow the people of Syria to come together and develop the institutions of government that will allow their people to freely exercise the kind of rights that the Syrian people are entitled to.
Q: Mr. Secretary, historically the United States is -- has always or used to follow Turkey and Saudi Arabia in dealing with a regional crisis.
Why not this time the United States didn't follow -- doesn't follow -- didn't follow the Saudi position in regards to arming the rebels in Syria? (Continues in Arabic.)
SEC. PANETTA: Again, I think that the United States believes that it is -- the international community ought to decide what steps should be taken with regards to Syria. The Arab League has provided leadership on this issue. As with Libya, it was because the international community was unified, the Arab League was unified with the international community that we ultimately were able to bring down Gadhafi and allow the Libyan people to have Libya. I think it's going to take that kind of international cooperation working with the Arab League to develop what steps need to be taken now to assure that Assad steps down.
Q: Now we are in the Gulf, in the -- in the -- in the UAE. Would you -- would you ask the GCC to take the -- to take the initiative and create a military coalition to resolve the Syrian crisis? (Continues in Arabic.)
SEC. PANETTA: Again, we think it's important to work with the Arab League in deciding what the next steps are. We do believe that continuing to put pressure on Syria, both diplomatic and economic, is the better course right now.
You know, anytime people talk about military action, you have to understand what are the consequences of that. What -- who is the opposition in Syria? Who do you help? What are the -- what are the consequences of taking steps like that? Those are -- those are serious considerations.
It's not to say that, you know, options -- all options should be on the table. But I think right now the better course is for the international community and the Arab League to continue to apply strong diplomatic, economic sanctions, to try to get the U.N. to agree that Assad should step down and that the people of Syria should have the opportunity to govern themselves.
Q: You've mentioned consequences. Do you know what -- to what extent can Syria and Iran retaliate in case of a military intervention in Syria? (Continues in Arabic.)
SEC. PANETTA: It's -- of course, anytime you contemplate military action, you have to consider what are the consequences, what are the ramifications. And as I pointed out in testimony on -- in the Congress, if we were to -- there were suggestions in the Congress that we should do targeted bombing in Syria. But Syria does have a very strong air defense system, and that would have to be taken out before you could do that. That kind of system is located in populated areas, and clearly, there would be a lot of collateral damage if that took place. So it's those kinds of considerations that have to be thought seriously about. People who urge military action have to understand that before you take that step, you better understand where that -- where does -- where does that kind of action lead.
Q: You've met with the prime minister, Netanyahu, and the defense minister, Ehud Barak. Have you noticed that Israel has -- is concerned a little bit about a regime change in Syria? (Continues in Arabic.)
SEC. PANETTA: You know, anytime a leader steps like down like Assad, there are always questions about who will take that person's place. But one thing is for sure, that by virtue of the Syrian government killing a large number of Syrian people that this government has been engaged in, that it has lost its legitimacy as a government, and Assad has lost his legitimacy as a leader.
When you kill your own people, you reach a point where you have lost your ability to truly govern. And I think that's happened in Syria. And the result will be that opposing forces will then have to come together, as they did in Libya, to establish, hopefully, a coalition, a council that can ultimately help decide who should govern that country in the future. That would be much better for the Syrian people than the kind of killing that's going on right now.
Q: Are you concerned -- I have two last questions. Are you concerned about the rise of the Islamists and the Salafists in Egypt and in Libya? How do you see that? (Continues in Arabic.)
SEC. PANETTA: You know, the one thing you learn is that when a country decides to move towards democracy and allow all people to participate in that government, there are going to be different views. There are going to be different ideologies that may be represented in that government. But at the same time, giving all people the ability to participate makes clear that even though there may be some extreme ideologies that are there, that ultimately people recognize that the best way to govern is close to the center, not to the extremes.
Q: Last question, Mr. Secretary. It's about the Quran burning in Bagram base. You know this incident had caused a lot of anger among -- not only among the Afghan people but with the Arab world. How would you address that? (Continues in Arabic.)
SEC. PANETTA: Yeah, this was a terrible -- a terrible incident that took place. I think it was a terrible mistake that was made. And both the president as well as I and the secretary of state have apologized to the Afghan people for what took place, and we made clear that we will fully investigate this matter and that we will take action against those that are involved and hold them accountable.
This does not represent, I think, the vast majority of the good men and women in uniform that serve in Afghanistan and that serve alongside the Afghan army and their soldiers. This is -- this is not reflective of the behavior of most of our men and women, who truly believe that we must respect the sovereignty and the culture of Afghanistan in order for it to be able to succeed as a country.
Q: Mr. Secretary, thank you so much for being with Al Hurra.
SEC. PANETTA: Thanks.
6 PLEAD GUILTY TO STEALING THE IDENTITIES OF DEAD PEOPLE
The following excerpt is from the Department of Justice website:
Tuesday, March 13, 2012
Six Plead Guilty in Ohio to Tax and Mail Fraud Conspiracies Involving I.D. Theft of Deceased
Muaad Salem, Hanan Widdi, Najeh Widdi, Hazem Woodi, Daxesj Patel and Fahim Suleiman each entered guilty pleas before the Honorable James S. Gwin today to charges arising from a scheme to obtain false and fraudulent U.S. Treasury tax refund checks, the Justice Department, the U.S. Attorney’s Office for the Northern District of Ohio and the Internal Revenue Service (IRS) announced. Specifically, Salem, Najeh Widdi and Woodi entered guilty pleas to conspiracy to defraud the United States, conspiracy to commit mail fraud and mail fraud; Hanan Widdi entered a guilty plea to conspiracy to defraud the United States and conspiracy to commit mail fraud; Patel entered a guilty plea to two counts of submitting false claims and one count of false statements; and Suleiman entered a guilty plea to conspiracy to defraud the United States, conspiracy to commit mail fraud; mail fraud and aggravated identity theft.
According to the indictment, between April 15, 2009 to at least August 2011, Salem, Suleiman, Najeh Widdi, Hanan Widdi, Woodi, Patel and other unknown co-conspirators defrauded the United States by filing false and fraudulent tax returns, many in the names of recently deceased taxpayers, and directing refunds to controlled locations in the state of Florida. The U.S. Treasury checks generated by the false and fraudulent returns were then sent by the U.S. mail to co-conspirators in Ohio who sold and distributed the checks for negotiation at various businesses and banking institutions. As part of their plea agreements, the defendants admitted that the fraud loss caused by their conduct was between $1 and 2.5 million and that the offenses involved more than ten victims.
Sentencing is scheduled on May 29, 2012, for Najeh Widdi and Patel; on May 30, 2012, for Hanan Widdi and Woodi; and on June 1, 2012, for Salem and Suleiman. Mail fraud is punishable by a maximum potential sentence of 20 years in prison; conspiracy to defraud the United States is punishable by a maximum potential sentence of 10 years; conspiracy to commit mail fraud, making a false claim against the United States and making a false statement are each punishable by a maximum potential sentence of five years in prison; aggravated identity theft is punishable by a mandatory minimum prison sentence of two years to follow conviction on any other offense. All of the above sentences are also punishable by a fine of $250,000 for each count of conviction.
The case was prosecuted by Assistant U.S. Attorney Gary D. Arbeznik of the Northern District of Ohio and Trial Attorney Jessica W. Knight of the Justice Department’s Tax Division following investigation by the Cleveland Division of the Federal Bureau of Investigation, the IRS-Criminal Investigation, and the United States Postal Service.
THE TOP 10 FACTS ABOUT THE INTERNATIONAL ICE PATROL
The following photos and excerpt are from the Department of Defense website:
A Coast Guard C-130, based out of Air Station Elizabeth City, N.C., flies past an iceberg in the waters near Newfoundland, Canada. U.S. Coast Guard photo by Petty Officer 1st Class Brandon Brewer.
1. When was the International Ice Patrol formed?
Shipping areas in the North Atlantic have always been hazardous to navigate. The hazards of the North Atlantic captured global attention in April 1912 when the RMS Titanic sank after it struck an iceberg. The incident prompted maritime nations with ships transiting the Grand Banks off Newfoundland, Canada, to establish an iceberg patrol in the area. Since 1913, the U.S. Coast Guard has been tasked with the management and operation of the patrol. Except for the years of World Wars I and II, the ice patrol has been active each ice season since its inception.
2. What are the specific duties of the ice patrol?
Their mission is to monitor the iceberg danger near the Grand Banks of Newfoundland and provide the iceberg limit to the maritime community, including ice and current conditions.
3. Who makes up the ice patrol?
The ice patrol is a U.S. Coast Guard unit however the Canadian Ice Service, ice patrol and U.S. National Ice Center collaborate under the North American Ice Service. The ice patrol produces North American Ice service reports from February through July when icebergs may be present on the Grand Banks and the Canadian Ice Service produces the reports the rest of the year when icebergs are normally restricted to Canadian coastal waters.
4. Why aren’t there ice patrols in other areas other than the Grand Banks?
This is the only location in the world where icebergs endanger a major shipping route, and the ice patrol provides accurate and timely iceberg information to assist transatlantic mariners in avoiding them. Maritime traffic between Europe and North America typically follows routes that are intersected annually by an average of 500 icebergs.
5. What defines an “ice season” and when is it?
The ice season is the seasonal period when icebergs can be present on the Grand Banks. The International Convention for the Safety of Life at Sea the “ice season” as the period between February 15 and July 1, however the commander of the ice patrol can extend the period based on conditions.
6. What is the International Convention for Safety of Life at Sea?
SOLAS – or the International Convention for Safety of Life at Sea – is generally regarded as the most important of international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the sinking of the Titanic. The main objective of SOLAS is to specify minimum standards for the construction, equipment and operation of ships, compatible with their safety.
7. How did the Coast Guard patrol for icebergs in the past?
Iceberg detection in the past relied on visual sightings from boats on patrol in the area. As airplane performance improved however, the ice patrol integrated airplanes into reconnaissance operations and after 1960, surface patrol craft took a secondary role to aerial reconnaissance.
8. How does the Coast Guard patrol for icebergs now?
Iceberg reconnaissance is conducted primarily with aircrews from Air Station Elizabeth City, N.C., in an HC-130J Hercules airplane, the perfect platform for their mission. Using the airplane’s specialized sensors, radar and visual observations are employed for iceberg detection and identification.
9. Why do modern vessels still need the ice patrol?
Icebergs are not sea ice: they’re floating fragments of glaciers or ice shelves. National Science Foundation photo by of Patrick Rowe.
The seas where the North Atlantic shipping lanes pass near the Grand Banks are particularly challenging for mariners due to frequent fog and high seas. The combination can make it extremely difficult for even a modern vessel to detect an iceberg and avoid it. If there were no ice patrol, vessels would have to reduce risk of collision by either slowing speed considerably or avoiding the Grand Banks entirely. Every additional sea mile or hour adds to transportation costs and delivery time. In this age of “just in time” delivery, longer and more costly voyages equal higher costs and higher prices for consumers.
10. Are icebergs really still a danger?
As recently as 2010, a vessel ignoring the ice patrol’s warnings collided with an iceberg. Fortunately the damage was not catastrophic and the vessel was able to divert to a safe port. The vessel required considerable hull repairs and was unable to return to sea for some time. No vessel heeding ice patrol’s warnings has ever collided with an iceberg.
Icebergs are not sea ice: they’re floating fragments of glaciers or ice shelves. National Science Foundation photo by of Patrick Rowe.
A Coast Guard C-130, based out of Air Station Elizabeth City, N.C., flies past an iceberg in the waters near Newfoundland, Canada. U.S. Coast Guard photo by Petty Officer 1st Class Brandon Brewer.
1. When was the International Ice Patrol formed?
Shipping areas in the North Atlantic have always been hazardous to navigate. The hazards of the North Atlantic captured global attention in April 1912 when the RMS Titanic sank after it struck an iceberg. The incident prompted maritime nations with ships transiting the Grand Banks off Newfoundland, Canada, to establish an iceberg patrol in the area. Since 1913, the U.S. Coast Guard has been tasked with the management and operation of the patrol. Except for the years of World Wars I and II, the ice patrol has been active each ice season since its inception.
2. What are the specific duties of the ice patrol?
Their mission is to monitor the iceberg danger near the Grand Banks of Newfoundland and provide the iceberg limit to the maritime community, including ice and current conditions.
3. Who makes up the ice patrol?
The ice patrol is a U.S. Coast Guard unit however the Canadian Ice Service, ice patrol and U.S. National Ice Center collaborate under the North American Ice Service. The ice patrol produces North American Ice service reports from February through July when icebergs may be present on the Grand Banks and the Canadian Ice Service produces the reports the rest of the year when icebergs are normally restricted to Canadian coastal waters.
4. Why aren’t there ice patrols in other areas other than the Grand Banks?
This is the only location in the world where icebergs endanger a major shipping route, and the ice patrol provides accurate and timely iceberg information to assist transatlantic mariners in avoiding them. Maritime traffic between Europe and North America typically follows routes that are intersected annually by an average of 500 icebergs.
5. What defines an “ice season” and when is it?
The ice season is the seasonal period when icebergs can be present on the Grand Banks. The International Convention for the Safety of Life at Sea the “ice season” as the period between February 15 and July 1, however the commander of the ice patrol can extend the period based on conditions.
6. What is the International Convention for Safety of Life at Sea?
SOLAS – or the International Convention for Safety of Life at Sea – is generally regarded as the most important of international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the sinking of the Titanic. The main objective of SOLAS is to specify minimum standards for the construction, equipment and operation of ships, compatible with their safety.
7. How did the Coast Guard patrol for icebergs in the past?
Iceberg detection in the past relied on visual sightings from boats on patrol in the area. As airplane performance improved however, the ice patrol integrated airplanes into reconnaissance operations and after 1960, surface patrol craft took a secondary role to aerial reconnaissance.
8. How does the Coast Guard patrol for icebergs now?
Iceberg reconnaissance is conducted primarily with aircrews from Air Station Elizabeth City, N.C., in an HC-130J Hercules airplane, the perfect platform for their mission. Using the airplane’s specialized sensors, radar and visual observations are employed for iceberg detection and identification.
9. Why do modern vessels still need the ice patrol?
Icebergs are not sea ice: they’re floating fragments of glaciers or ice shelves. National Science Foundation photo by of Patrick Rowe.
The seas where the North Atlantic shipping lanes pass near the Grand Banks are particularly challenging for mariners due to frequent fog and high seas. The combination can make it extremely difficult for even a modern vessel to detect an iceberg and avoid it. If there were no ice patrol, vessels would have to reduce risk of collision by either slowing speed considerably or avoiding the Grand Banks entirely. Every additional sea mile or hour adds to transportation costs and delivery time. In this age of “just in time” delivery, longer and more costly voyages equal higher costs and higher prices for consumers.
10. Are icebergs really still a danger?
As recently as 2010, a vessel ignoring the ice patrol’s warnings collided with an iceberg. Fortunately the damage was not catastrophic and the vessel was able to divert to a safe port. The vessel required considerable hull repairs and was unable to return to sea for some time. No vessel heeding ice patrol’s warnings has ever collided with an iceberg.
Icebergs are not sea ice: they’re floating fragments of glaciers or ice shelves. National Science Foundation photo by of Patrick Rowe.
SEC CHARGES INVESTMENT ADVISER WITH GIVING INVESTORS EMBELLISHED AUDIT
The following excerpt is from the SEC website:
Washington, D.C., March 15, 2012 – The Securities and Exchange Commission today charged a San Francisco-area investment adviser with defrauding investors by giving them a bogus audit report that embellished the financial performance of the fund in which they were investing.
The SEC alleges that James Michael Murray raised more than $4.5 million from investors in his various funds including Market Neutral Trading LLC (MNT), a purported hedge fund that claimed to invest primarily in domestic equities. Murray provided MNT investors with a report purportedly prepared by independent auditor Jones, Moore & Associates (JMA). However, JMA is not a legitimate accounting firm but rather a shell company that Murray secretly created and controlled. The phony audit report misstated the financial condition and performance of MNT to investors.
“An independent financial audit is one of the best protections available to investors,” said Marc Fagel, Director of the SEC’s San Francisco Regional Office. “Murray conjured up an accounting firm and deliberately faked the audit to induce investors into believing the fund was in better shape than it actually was.”
The U.S. Attorney’s Office for the Northern District of California also has filed criminal charges against Murray in a complaint unsealed yesterday.
According to the SEC’s complaint filed in federal court in San Francisco, Murray began raising the funds from investors in 2008. The following year, MNT distributed the phony audit report to investors claiming the audit was conducted by a legitimate third-party accounting firm. However, JMA is not registered or licensed as an accounting firm in Delaware, where it purports to do business. JMA’s website was paid for by a Murray-controlled entity and listed 12 professionals with specific degrees and licenses who supposedly work for JMA. However, at least five of these professionals do not exist, including the two named principals of the firm: “Richard Jones” and “Joseph Moore.” Murray has attempted to open brokerage accounts in the name of JMA, identified himself as JMA’s chief financial officer, and called brokerage firms falsely claiming to be the principal identified on most JMA documents.
The SEC alleges that the bogus audit report provided to investors understated the costs of MNT’s investments and thus overstated the fund’s investment gains by approximately 90 percent. The JMA audit report also overstated MNT’s income by approximately 35 percent, its member capital by approximately 18 percent, and its total assets by approximately 10 percent.
The SEC’s complaint charges Murray with violating an SEC rule prohibiting fraud by investment advisers on investors in a pooled investment vehicle. The complaint seeks injunctive relief and financial penalties from Murray.
The SEC’s investigation was conducted by Karen Kreuzkamp and Robert S. Leach of the San Francisco Regional Office following an examination of MNT conducted by Yvette Panetta and Doreen Piccirillo of the New York Regional Office’s broker-dealer examination program. The SEC’s litigation will be led by Robert L. Mitchell of the San Francisco Regional Office. The SEC thanks the U.S. Attorney’s Office for the Northern District of California and the U.S. Secret Service for their assistance in this matter.
Saturday, March 17, 2012
THE PASSING OF COPTIC CHRISTIAN POPE SHENOUDA III
The following excerpt is from a U.S. State Department e-mail:
On the Passing of Pope Shenouda III
Press Statement Hillary Rodham Clinton
Secretary of State Washington, DC
March 17, 2012
Today, Americans stand alongside Egyptians in offering our deepest condolences on the passing of Coptic Christian Pope Shenouda III of Alexandria, leader of the Coptic Orthodox Church for more than 40 years. Pope Shenouda III was a beloved leader of Egypt’s Coptic Christians and an advocate for national unity and religious cooperation. As we reflect on his life and legacy, we reaffirm our support to the future peace and prosperity of Egypt. Our thoughts and prayers are with the Egyptian people and all those who mourn Pope Shenouda III.
PENTAGON SAYS FORCES IN AFGHANISTAN ARE COMMITTED TO SUCCESS
The following excerpt is from a U.S. Department of Defense American Forces Press Service e-mail:
Afghan Mission Maintains Momentum, Spokesman Says
By Cheryl Pellerin
American Forces Press Service
American Forces Press Service
WASHINGTON, March 16, 2012 - Despite tragic incidents over the past several months in Afghanistan, the security strategy in that nation is working and coalition and Afghan forces are committed to its successful end, a Pentagon spokesman said here today.
Navy Capt. John Kirby noted a rise in recent months of Afghan forces firing on coalition members, known as "green-on-blue" deaths, the inadvertent Feb. 21 burning of Qurans at the Parwan detention facility, and the March 11 shooting rampage in which a U.S. soldier is accused of murdering Afghan civilians.
"As tragic as incidents like these are -- and there have been a string of tragic incidents in recent weeks -- it would be just as tragic, if not more, if we let it affect the overall mission," Kirby said.
"I think it's just as wrong to extrapolate from those incidents some sort of overarching belief or notion that [the strategy] is failing and that our soldiers or [Afghan] soldiers are not committed to it," he added, "because that's just not the case."
Kirby, who has been on temporary assignment to Kabul since Feb. 21, said the war in Afghanistan "has been a long, grueling struggle, there's no question about that. We've taken casualties, our Afghan partners have taken casualties, [and] coalition partners have taken casualties."
But during his stay in Afghanistan, Kirby said he talked to soldiers and Marines deployed there.
"I made two battlefield circulations with [International Security Assistance Force commander Marine Corps Gen. John R. Allen] before I came back to the States," he said, "one to the East and one down South."
Kirby added, "Uniformly, the soldiers and Marines we talked to there are very committed to what they're doing. They believe in what they're doing and they're seeing the difference every day."
While in Helmand province, Kirby dropped in on his nephew, Marine Corps Cpl. Michael Kirby, who has been in Afghanistan since December and serves on an outpost not far from Marjah.
"He was very optimistic about what they're doing and the success they're having," Kirby said. "He said his Afghan counterparts were really good fighters and very reliable, very dependable and that they had a good working relationship."
The Pentagon spokesman said he found his nephew's attitude "instructive about the kind of good work that's going on across the country."
Afghan security forces are in the lead in many places in Afghanistan. About half the Afghan population now lives in areas that are led by Afghan security forces, officials have said.
"It's always been the goal here that the Afghans are [assuming] the lead for the security of their own country, for the protection of their own people, for safeguarding their own sovereignty," Kirby said. He added that "we all share" the strategy agreed upon at NATO's Lisbon summit in November 2010 that there will be a full transition of security responsibility to the Afghans by the end of 2014.
"And we certainly have made it clear that we expect to be taking more of a support role in terms of combat operations through 2013," Kirby said, "and at some time in 2013 we expect that, for combat operations, the Afghans will be in the lead."
He added, "We're all in agreement that the process of transition is the linchpin here in terms of the success of the strategy."
SECRETARY OF STATE HILLARY RODHAM CLINTON SENDS BEST WISHES TO THE PEOPLE OF IRELAND
The following excerpt is from a U.S. State Department e-mail:
On the Occasion of St. Patrick's Day
Press Statement Hillary Rodham Clinton
Secretary of StateWashington, DC
March 16, 2012
On behalf of President Obama and the people of the United States, I am delighted to send best wishes to the people of Ireland as you celebrate St. Patrick’s Day this March 17. Today, we honor the rich history and cultural heritage of the Irish people and reflect on the bonds of friendship and family between our two nations.
Irish contributions to America have shaped American culture from the founding of our nation. Eight of the men who signed the Declaration of Independence were Irish-Americans and half of our American Presidents have been of Irish descent. Countless Irish-Americans fought bravely during the Civil War, giving their lives for a better America. Throughout our society, Irish Americans have contributed in ways large and small to the bedrock of American life.
The depth and scope of Irish influence throughout the world is immeasurable and exemplifies your rich history and culture. As you celebrate St. Patrick’s Day in cities from Dublin to Detroit, know that the United States stands with you. Congratulations and best wishes for a year of peace and prosperity.
NATIONAL SCIENCE FOUNDATION SITE SAYS BUTTERFLY POPULATION LOWER BECAUSE OF WEATHER
The photo to the right and following excerpt are from the National Science Foundation website:
March 15, 2012 Credit: National Park Service
Early snowmelt caused by climate change in the Colorado Rocky Mountains snowballs into two chains of events: a decrease in the number of flowers, which, in turn, decreases available nectar. The result is decline in a population of the Mormon Fritillary butterfly, Speyeria mormonia.
Using long-term data on date of snowmelt, butterfly population sizes and flower numbers at the Rocky Mountain Biological Laboratory, Carol Boggs, a biologist at Stanford University, and colleagues uncovered multiple effects of early snowmelt on the growth rate of an insect population.
"Predicting effects of climate change on organisms' population sizes will be difficult in some cases due to lack of knowledge of the species' biology," said Boggs, lead author of a paper reporting the results online in this week's journal Ecology Letters.
Taking into account the butterfly's life cycle and the factors determining egg production was important to the research.
Butterflies lay eggs (then die) in their first summer; the caterpillars from those eggs over-winter without eating and develop into adults in the second summer.
In laboratory experiments, the amount of nectar a female butterfly ate determined the number of eggs she laid. This suggested that flower availability might be important to changes in population size.
Early snowmelt in the first year leads to lower availability of the butterfly's preferred flower species, a result of newly developing plants being exposed to early-season frosts that kill flower buds.
The ecologists showed that reduced flower--and therefore nectar--availability per butterfly adversely affected butterfly population growth rate.
Early snowmelt in the second year of the butterfly life cycle worsened the effect, probably through direct killing of caterpillars during early-season frosts.
The combined effects of snowmelt in the two consecutive years explained more than four-fifths of the variation in population growth rate.
"Because species in natural communities are interconnected, the effects of climate change on any single species can easily be underestimated," said Saran Twombly, program director in the National Science Foundation's Division of Environmental Biology, which funded the research.
"This study combines long-term, data models, and an understanding of species interactions to underscore the complex effects climate change has on natural populations."
"It's very unusual for research to uncover a simple mechanism that can explain almost all the variation in growth rate of an insect population," said David Inouye, a biologist at the University of Maryland and co-author of the paper.
Indeed, "one climate parameter can have multiple effects on an organism's population growth," Boggs said. "This was previously not recognized for species such as butterflies that live for only one year.
"We can already predict that this coming summer will be a difficult one for the butterflies," she said, "because the very low snowpack in the mountains this winter makes it likely that there will be significant frost damage."
"Long-term studies such as ours are important to understanding the 'ecology of place,' and the effects of weather and possible climate change on population numbers," said Inouye.
"This research is critical to assessing the broader effects of weather on an ever-changing Earth," he said. "By facilitating long-term studies, field stations such as the Rocky Mountain Biological Laboratory are an invaluable asset."
Stanford University's Vice Provost for Undergraduate Education also funded the work.
U.S. PURSUING DIPLOMACY TO GET AID TO SYRIAN PEOPLE
The following excerpt is from a State Department e-mail:
Humanitarian Relief for Syrians
Fact SheetOffice of the SpokespersonWashington, DC
March 15, 2012
The United States is pursuing every avenue to get humanitarian relief into Syria and is engaged in focused diplomatic efforts to secure safe access for humanitarian organizations to reach those in need. To that end, the United States is providing over $12 million in humanitarian assistance through the UN and other humanitarian organizations to support the people of Syria. This assistance is supporting international and non-governmental humanitarian partners, including:
$5.5 million to the United Nations High Commissioner for Refugees (UNHCR);
$3 million to the International Committee of the Red Cross (ICRC);
$3 million to the World Food Program (WFP); and
$1 million to non-governmental organizations (NGO).
U.S. efforts also include bolstering existing regional stockpiles of humanitarian supplies and equipment to be delivered to vulnerable and besieged Syrian communities. These stockpiles of food and other emergency relief supplies are part of a growing international effort to rush humanitarian aid into Syria to alleviate suffering as access and conditions allow.
The United Nations High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross (ICRC) are delivering critical medical services and supplies, food, water, blankets, hygiene kits, and heaters to the Syrian people. This funding will also provide support for host families who are sheltering displaced Syrians due to the ongoing violence and to those who have fled to neighboring countries.
On March 14, 2012, the UN Food and Agriculture Organization (FAO) issued a special alert voicing serious concern over the state of food security, especially for vulnerable groups. The World Food Program (WFP) estimates that 1.4 million people have become food insecure as a result of the violence.
WFP plans to provide food aid to 100,000 people affected by the civil conflict in 11 governorates in Syria. The WFP operation provides rations to displaced Syrians and host families, households that have lost breadwinners or livelihoods, female-headed households, and unaccompanied minors. Since February 20, the World Food Program has delivered 16,850 family food rations—sufficient to feed approximately 84,000 people for one month—to Syrian Arab Red Crescent (SARC) warehouses in 11 governorates in Syria. SARC has distributed 7,415 WFP food rations to beneficiaries this month, although several of the worst-affected areas within the governorates remain inaccessible due to insecurity.
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