Wednesday, April 4, 2012

9-11 SUSPECTS REFERRED TO MILITARY COMMISSION


AMERICAN FORCES PRESS SERVICE



DOD Refers 9/11 Charges to Military Commission

WASHINGTON, April 4, 2012 - The Defense Department has referred charges against five suspected 9/11 co-conspirators to a military commission, Pentagon officials announced today.
The charges allege that Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi were responsible for the planning and execution of the Sept. 11, 2001, terrorist attacks on the United States.

The convening authority -- DOD's Office of Military Commissions -- referred the case to a capital military commission, meaning the five accused could be sentenced to death if convicted.

In keeping with reforms in the Military Commissions Act of 2009, officials said, each has been provided, in addition to their detailed defense counsel, learned counsel with specialized knowledge and experience in death penalty cases to assist in their defense.

The five are charged with terrorism, hijacking aircraft, conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, and destruction of property in violation of the law of war. The convening authority has referred all charges to a joint trial. 

Officials emphasized that the charges are only allegations that the five accused have committed offenses punishable under the Military Commissions Act of 2009, and that they are presumed innocent unless proven guilty beyond a reasonable doubt.

In accordance with military commissions rules and procedures, the chief judge of the Military Commissions Trial Judiciary will assign a military judge to the case, and the five accused will be arraigned at Naval Station Guantanamo Bay, Cuba, within 30 days after they're served with the referred charges.

JUSTICE ALLEGES MORTGAGE BANKER CHARGED HIGHER RATES & FEES TO AFRICAN-AMERICANS AND HISPANICS


FROM:  U.S. DEPARTMENT OF JUSTICE
Monday, April 2, 2012
Justice Department Alleges GFI Mortgage Bankers Engaged in Illegal Lending Discrimination Complaint Alleges New York-Based Company Charged Higher Interest Rates and Fees to African-American and Hispanic Borrowers
WASHINGTON – The Department of Justice and the U.S. Attorney’s Office for the Southern District of New York filed a lawsuit alleging that GFI Mortgage Bankers Inc., a mortgage banker with operations in seven states, violated federal fair lending laws by charging African-American and Hispanic borrowers higher interest rates and fees on home mortgage loans because of their race or national origin, not based on their creditworthiness.

The complaint, filed today in the Southern District of New York under the federal Fair Housing Act and Equal Credit Opportunity Act, alleges that GFI engaged in a pattern or practice of discrimination on the basis of race and national origin by charging African-American and Hispanic borrowers higher interest rates and fees on home mortgage loans compared to similarly-situated white borrowers.  The Department of Justice and the U.S. Attorney’s Office for the Southern District of New York investigated and filed the lawsuit jointly.

“Charging  people more for home loans simply because of their race or national origin – as we have alleged in our complaint against GFI – is illegal. The Justice Department will act aggressively to ensure that all people have equal access to credit and a level playing field ,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “For that reason, vigorous enforcement of fair lending laws remains a top priority.”
U.S. Attorney for the Southern District of New York Preet Bharara said, “As the lawsuit we filed today alleges, discrimination still exists in certain quarters and it has profound consequences for the victims.  At a time when so many American homeowners of all races and nationalities are struggling to make their mortgage payments, it is unacceptable that, as we allege, the impact of GFI Mortgage’s business practices resulted in its African-American and Hispanic customers paying higher fees and interest rates for their residential mortgages.  As today’s suit demonstrates, this type of discriminatory action will not be tolerated.  We will continue to work to ensure that fair lending laws are enforced throughout the district.”

“HUD and the Justice Department work together to end lending discrimination in America.  This case and others nationwide demonstrate our commitment to pursue lenders if they violate the Fair Housing Act and seek relief for discrimination victims,” said Department of Housing and Urban Development (HUD) Assistant Secretary for Fair Housing and Equal Opportunity John TrasviƱa.

From 2005 through at least 2009, GFI charged higher loan prices to African-American and Hispanic borrowers than it charged to similarly-situated white borrowers by charging higher interest rates and fees for home mortgage loans.  For example, an African-American borrower who took out a home mortgage loan in 2007 paid on average approximately $7,500 more over the first four years of the loan than a similarly-situated white borrower.  For a Hispanic borrower, the difference was approximately $5,600 more over the first four years of the loan than a similarly-situated white borrower.  The disparities, based on race or national origin, are statistically significant, and are unrelated to credit risk or loan characteristic.

During the period when the discrimination occurred, GFI had a policy or practice of allowing and encouraging its loan officers in New York and New Jersey to promote loan products, price loans and charge fees in a manner that was unrelated to credit risk or loan characteristics.  GFI knew that its loan officers priced loans in ways unrelated to a borrower’s creditworthiness, resulting in thousands of dollars in overcharges for African-American and Hispanic borrowers based on their race or national origin.  By providing its loan officers a substantial percentage of the profits generated on each loan, GFI’s compensation scheme provided strong financial incentives to loan officers to price their loan products in a discriminatory manner.  Moreover, GFI failed to supervise, train, or adequately monitor its loan officers to ensure that they were pricing loans in a non-discriminatory manner.

During the period when the discrimination occurred, the number of home mortgage loans issued by GFI increased from 974 in 2005 to 2,270 in 2009.  At the same time, GFI’s revenue from its home mortgage loan services increased from $305 million in 2005 to $768 million in 2009.

This case resulted from a referral by HUD to the Justice Department’s Civil Rights Division in 2010.


JAPANESE AUTO PARTS COMPANY PLEADS GUILTY TO PRICE FIXING


FROM:  U.S. DEPARTMENT OF JUSTICE
G.S. Electech Agrees to Plead Guilty to Price Fixing on Auto Parts Installed in U.S. Cars Company Also Agrees to Pay $2.75 Million Criminal Fine
WASHINGTON – Toyota City, Japan-based G.S. Electech Inc. has agreed to plead guilty and to pay a $2.75 million criminal fine for its role in a conspiracy to fix the prices of auto parts used on antilock brake systems installed in U.S. cars, the Department of Justice announced today.

According to a one-count felony charge filed today in the U.S. District Court for the Eastern District of Michigan, in Detroit, G.S. Electech engaged in a conspiracy to rig bids and to fix the prices of speed sensor wire assemblies, which are installed on automobiles with an antilock brake system (ABS) and were sold to an automaker in the United States and elsewhere. According to the charge, G.S. Electech’s involvement in the conspiracy lasted from at least as early as January 2003 until at least February 2010.  According to the plea agreement, which is subject to court approval, G.S. Electech has agreed to pay a criminal fine and to cooperate with the department’s ongoing investigation.

"The Antitrust Division continues to uncover and prosecute illegal conduct in its ongoing and active investigation into price fixing and bid rigging in the auto parts industry,” said Acting Assistant Attorney General Sharis A. Pozen in charge of the Department of Justice’s Antitrust Division.  “Today’s announcement demonstrates that the Antitrust Division, working with its law enforcement partners, will continue to pursue those who engage in anticompetitive behavior that harms American businesses and consumers.

Including G.S. Electech, eight executives and four companies have been charged and have agreed to plead guilty in the investigation thus far. Three of the companies have pleaded guilty and have been sentenced to pay criminal fines totaling more than $748 million. Seven of the executives have pleaded guilty and have been sentenced to serve a total of more than 122 months in jail.

G.S. Electech manufactures, assembles and sells a variety of automotive electrical parts, including speed sensor wire assemblies. The speed sensor wire assemblies connect a sensor on each tire to the ABS and carry electrical signals from the sensors to the ABS to instruct it when to engage.

According to the charge, G.S. Electech and its co-conspirators carried out the conspiracy by, among other things, agreeing during meetings and discussions in Japan to coordinate bids submitted to, and price adjustments requested by, an automobile manufacturer.  In court documents, G.S. Electech and its co-conspirators employed measures to keep their conduct secret, including using code names and instructing participants to destroy evidence of collusion.

G.S. Electech is charged with price fixing in violation of the Sherman Act, which carries a maximum fine of $100 million for corporations. The maximum fine for the company 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.


CHAIRMAN OF THE JOINT CHIEFS OF STAFF TALKS ABOUT MILITARILY'S BOND OF TRUST

FROM: AMERICAN FORCES PRESS SERVICE

Dempsey: Military Must Keep 'Bond of Trust' With Troops, Families


By Elaine Sanchez
WASHINGTON, March 30, 2012 - The military is defined by a bond of trust -- between service members, their families and their communities -- that must remain unbroken, the military's top officer said here today.
"If we do that one thing, think about our profession as united with a common bond of trust, and commit ... to earning it every day. I don't care what happens to the budget ... I don't care what happens to the other countries in the world that might want ill to come to us, we'll be fine," Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, said.

Taking care of troops is a matter of trust, he added. "If we lose that [trust], it won't matter how much money we throw at ourselves. That's a fact."

After months of discussing budgetary and equipment concerns and fresh off a trip to South America, Dempsey turned his attention to what he called the military's "human dimension" at the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury's Warrior Resilience Conference. This conference, in its fourth year, is intended to equip service members, units, families and communities with resilience-building techniques and tools.
As he spoke to an audience of nearly 750 behavioral health experts and military leaders, the chairman referred to an image of a squad leader in Afghanistan on the screen behind him. The soldier, his face contorted in a mix of fear and courage, was speaking on his radio with an evident sense of urgency.
Whatever it is the soldier is asking for, he'll get, the chairman said. "That's what sets us apart [as a nation]. He's going to get it -- whether it's kinetic ordnance, whether it's supplies, or whether it's what you're here to talk about today.
"We're going to get them the life skills, the confidence, the hope, which equals on some level ... the resilience you're here to talk about in our force, in our families," he pledged.
It took about a decade for the force to regain its sense of pride and clarity after the Vietnam War. That time lapse can't occur again, the chairman said.

"The world is changing so fast around us," Dempsey said. "If we wait until 2020 to build the kind of strength you're working to build into our formation, it will be too late.
"I fear if we wait and don't address this now, we not only won't be doing ourselves any favors, we won't be doing our nation any favors," he added.

The people gathered for this conference are taking steps on this front, Dempsey noted, "by seeking a deeper, richer understanding of what has happened to us as a force over the last 10 years.
"More importantly," he added, "what are you going to do about that? What are you going to do about the fact that 10 years of war has put enormous pressure on the force?"

They will be tackling these issues in an environment of challenged resources, the chairman acknowledged, and while ensuring they build and earn trust with their subordinates and coworkers each day. "Keeping faith with ourselves, our communities, our families ... that's what it's all about," he said.

Dempsey again referred to the squad leader's picture, this time pointing out the soldier's wedding ring. "If you think about this bond of trust, it doesn't stop in the forward edge or the rear edge of the battle area," he said. "It's got to run all the way back to hometown USA where he has a family."

Dempsey stressed the importance of turning to others for help when needed, calling resilience a "team sport." The chairman drove this point home with a story about a prior bout with throat cancer. It hit him hard, he said, since he'd always tackled obstacles on his own.

Instead, he said, he relied on his medical team, his family and his friends for help. "I realized for the first time in my life, I can't do this alone," he said. "It took cancer for me to figure that out. We can't let our young men and women figure that out the hard way."

Dempsey thanked the audience for their unwavering commitment to troop and family wellness. "What you're doing here has an absolute direct correlation with who we are today, but more importantly, has an even greater correlation to who we will be in the future," he said.

WELLCARE HEALTH PLANS OF FLORIDA WILL PAY $137.5 MILLION TO SETTLE MEDICARE FRAUD CASE


FROM U.S. DEPARTMENT OF JUSTICE WEBSITE
Tuesday, April 3, 2012Florida-Based Wellcare Health Plans Agrees to Pay $137.5 Million to Resolve False Claims Act Allegations

WASHINGTON – WellCare Health Plans Inc. will pay $137.5 million to the federal government and nine states to resolve four lawsuits alleging violations of the False Claims Act, the Justice Department announced today.  WellCare, based in Tampa, Fla., provides managed health care services for approximately 2.6 million Medicare and Medicaid beneficiaries nationwide.

The lawsuits alleged a number of schemes to submit false claims to Medicare and various Medicaid programs, including allegations that WellCare falsely inflated the amount it claimed to be spending on medical care in order to avoid returning money to Medicaid and other programs in various states, including the Florida Medicaid and Florida Healthy Kids programs; knowingly retained overpayments it had received from Florida Medicaid for infant care; and falsified data that misrepresented the medical conditions of patients and the treatments they received.

Additionally, it was alleged that WellCare engaged in certain marketing abuses, including the “cherrypicking” of healthy patients in order to avoid future costs; manipulated “grades of service” or other performance metrics regarding its call center; and operated a sham special investigations unit.

The settlement requires that Wellcare pay the United States and nine states – Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Missouri, New York and Ohio – a total of $137.5 million.  WellCare may also be required to pay an additional $35 million in the event that the company is sold or experiences a change in control within three years of this agreement.

“Government health plans increasingly rely on managed care organizations to provide patient care.   This case illustrates our commitment to ensure that government funds are in fact used to render care and not to line the pockets of those more concerned with the bottom line,” said Stuart F. Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division.


This is the second monetary settlement reached with WellCare since the government initiated a criminal and civil investigation of WellCare in 2006.   On May 5, 2009, in order to resolve potential criminal charges related to losses by the Florida Medicaid and Healthy Kids programs, WellCare entered a Deferred Prosecution Agreement (DPA) with the U.S. Attorney in the Middle District of Florida, under which WellCare paid $40 million in restitution and forfeited an additional $40 million.   The U.S. Attorney’s office also has pursued criminal charges against several former Wellcare employees.   One former WellCare analyst, Gregory West, entered into a plea agreement and pleaded guilty to a conspiracy charge shortly after execution of a search warrant on WellCare’s corporate headquarters in Tampa; he is currently awaiting sentencing.  Five former executives – including former CEO Todd Farha, former CFO Paul Behrens and former general counsel Thaddeus Bereday – were indicted in March 2011 and are currently awaiting trial, which is presently scheduled for January 2013.   Additionally, Wellcare previously executed a Corporate Integrity Agreement (CIA) with the Office of Inspector General of the U.S.  Department of Health and Human Services (HHS-OIG) that imposes compliance obligations on the company for a period of five years.  

The resolution of the civil suits announced today brings the total recoveries from WellCare to $217.5 million, a number that will rise to over a quarter billion ($252.5 million) if the contingency payment provision is triggered.

“The monies recovered in restitution and from this settlement agreement will go to the federal and state programs which suffered these losses, while the forfeited funds will go to law enforcement to help fund future investigations,” said Robert E. O’Neill, U.S. Attorney for the Middle District of Florida.   O’Neill continued, “In an era of decreasing federal and state budgets, and increasing healthcare costs, we must pursue all available civil remedies to recover losses suffered by government healthcare programs.   This settlement should serve as notice to those defrauding state and federal healthcare programs that, in addition to appropriate criminal prosecutions, we will utilize civil suits to root out their conduct and recover their ill-gotten gains.”

“Fraud committed by managed care companies harms the integrity of the Medicare and Medicaid programs and increases the healthcare burden for all of us,” said David B. Fein, U.S. Attorney for the District of Connecticut.   “The government is committed to preventing fraud in federal and state health care programs, and managed care companies that are dishonest will be held accountable.”

“Ensuring the integrity of the Medicaid and Medicare managed care programs is one of our highest priorities ” said Daniel R. Levinson, Inspector General of the U.S. Department of Health & Human Services. “OIG will work vigilantly with law enforcement partners at all levels of government to safeguard this vital program.”

The four lawsuits were filed by whistleblowers, known as relators, under the qui tam provisions of the False Claims Act, which allows private parties to file suit on behalf of the United States and share in any recovery.  Sean Hellein, a financial analyst formerly employed by WellCare whosequi tam complaint initiated the government’s investigation, will receive approximately $20.75 million.   The other three relators – Clark Bolton, SF United Partners Inc. and Eugene Gonzalez – will split about $4.66 million and will be entitled to receive an additional share of any contingency payment.

This resolution is part of the government's emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $6.7 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department's total recoveries in False Claims Act cases since January 2009 are over $9 billion.

This case was investigated jointly by the Commercial Litigation Branch of the Justice Department’s Civil Division, the United States Attorney’s Office for the Middle District of Florida and the District of Connecticut, the National Association of Medicaid Fraud Control Units, the FBI, and the HHS-OIG.

The claims settled by today’s agreement are allegations only; there has been no determination of liability except as noted in the referenced criminal proceeding.

FDA WARNS OF ANOTHER COUNTERFEIT CANCER DRUG

FROM:  FDA E-MAIL
The U.S. Food and Drug Administration is alerting healthcare professionals that another cancer drug, originating from a foreign source and purchased by U.S. medical practices, has been determined to be counterfeit. Medical practices that purchase and administer illegal and unapproved foreign medications are putting patients at risk of exposure to drugs that may be fake, contaminated, improperly stored and transported, ineffective, and dangerous. Illegal drugs purchased from foreign sources may not be genuine or meet appropriate quality, safety, and efficacy standards, putting patients at risk and depriving them of proper treatment.
Patients receiving cancer drugs or other drugs not approved by the FDA for the U.S. market may not be receiving needed therapy. Patients are encouraged to discuss any concerns they may have about the source of their medications with their healthcare professional.
FDA lab tests have confirmed that a counterfeit version of Roche’s Altuzan 400mg/16ml (bevacizumab), an injectable cancer medication, found in the U.S. contains no active ingredient. Even if the identified drugs were not counterfeit, Altuzan is not approved by FDA for use in the United States (it is an approved drug in Turkey). On February 14, FDA issued an alert about another cancer drug in U.S. distribution that was purchased from a foreign source and found to be counterfeit.


FORMER CONTRACTOR PLEADS GUILTY TO STEAL AND SELL MILITARY EQUIPMENT IN IRAQ


FROM:  DEPARTMENT OF JUSTICE WEBSITE
Monday, April 2, 2012
Former Civilian Contractor Pleads Guilty in North Carolina for Role in Scheme to Steal and Sell Military Equipment in Iraq

WASHINGTON – A former U.S. civilian contractor pleaded guilty today in the Eastern District of North Carolina to conspiring to steal military generators in Iraq in 2011 and selling them on the black market, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina.

David John Welch, 36, of Hope Mills, N.C., pleaded guilty before U.S. District Judge W. Earl Britt to a criminal information charging him with one count of conspiracy to steal property under the control of a government contractor.

According to court documents, in 2011, Welch was the operations and maintenance manager of a U.S. government contractor on Victory Base Complex in Baghdad.  In this capacity, Welch had the ability to influence the distribution and movement of military equipment as well as U.S. government equipment.  In addition, Welch was in charge of overseeing the movement of generators from the compound to the Defense Reutilization & Marketing Office (DRMO).  In October 2011, Welch and a co-conspirator entered into a scheme to steal and later sell approximately 38 generators on the black market in Iraq to unknown co-conspirators by diverting these generators from the DRMO to an undisclosed location off-base in Iraq.

After the generators were stolen from the compound, Welch’s co-conspirator provided him with four stacks of $100 bills, totaling approximately $38,600.

At sentencing, scheduled for July 9, 2012, Welch faces a maximum penalty of five years in prison, a $250,000 fine and three years of supervised release following his prison term.  As part of his guilty plea, Welch agreed to pay $160,000 in restitution to the United States.

This case is being prosecuted by Special Trial Attorney Mark Grider of the Criminal Division’s Fraud Section, on detail from the Special Inspector General for Iraq Reconstruction (SIGIR), and by Assistant U.S. Attorney Banumathi Rangarajan of the U.S. Attorney’s Office for the Eastern District of North Carolina.  The case is being investigated by the FBI, SIGIR and the Major Procurement Fraud Unit of the U.S. Army Criminal Investigative Command.



REMARKS TO THE WORLD AFFAIRS COUNCIL BY SEC. OF STATE CLINTON


FROM:  STATE DEPARTMENT
Remarks to the World Affairs Council 2012 NATO Conference
Remarks Hillary Rodham Clinton
Secretary of State Sheraton Waterside Hotel
Norfolk, VA
April 3, 2012
SECRETARY CLINTON: Thank you very much for that introduction. And in this fast-changing world, we need leaders with a steady hand and a clear vision for the future. General, you have demonstrated both, and I very much appreciate that.

I also want to thank Larry Baucom – thank you, Admiral, for your leadership of the World Affairs Council of Greater Hampton Roads – Mayor Paul Fraim and the city council for helping to host this event. I’m delighted that Congressman Bobby Scott and Congressman Scott Rigell could join us, and I thank them for that.

It is for me a great pleasure to be back in Norfolk. When I was representing New York in the United States Senate, I was asked to serve on a committee advising the Joint Command. It was a fascinating experience, and I have many very wonderful memories of the meetings and the hospitality that we were afforded here. And it’s especially timely that we would meet, since tomorrow marks the 63rd anniversary of the signing of the Washington Treaty, when 12 countries pledged to safeguard each other’s freedom and committed to the principles of democracy, liberty, and the rule of law.

From those earliest days, Norfolk served as a crucial naval base and training facility for the alliance and our partners. And today it is home to ACT, where staff from every nation in NATO are taking on one of the most important challenges we face together – how to continue transforming our alliance so that it can champion those principles just as effectively in the 21st century as we did in the 20th century. And there can be no better place and no better time, as you celebrate another Norfolk NATO Festival, to discuss the greatest alliance in history and the future we are shaping together.

This morning, I had the great privilege of going to VMI and addressing the cadets and members of the community there. And I talked about General Marshall, an extraordinary American whose life of service still is unique, not only as a military leader but as the secretary of state and the secretary of defense. And I was reminded, as I looked through the pictures in the George Marshall Museum after speaking with the cadets about George Marshall and our vision of how to take those eternal values that he so well represented and bring them forward into today’s time and then projected into the future, of the challenges faced by that generation when they began this great enterprise known as NATO. There was nothing certain about it. NATO and the Marshall Plan were extraordinarily visionary. They were smart power, the original form of that phrase, in action. And it set the future on a firm foundation.

So I think we live in a similarly challenging time. And it therefore is incumbent upon us, citizens and leaders alike, to chart a similarly firmly-founded future, based on the values we cherish and the direction that we seek for the kind of country and world we want to leave to our children.

It was extraordinary, 63 years ago, when this enterprise known as NATO started. Now, some will say the world was a simpler place, divided into that bipolarity of freedom and communism, the West and the Soviet Union and others. And it was dangerous; there was no doubt about that. I grew up during that period and can still remember those drills of going under our desks in case we were attacked by a nuclear weapon. (Laughter.) Looking back now, it seems a little strange – (laughter) – but at the time, we all understood that we were in a battle, a battle for the future.

Well, we are now in a battle for the future. And one of the great attributes of our country has always been how we preferred the future, how we planned and executed in order to achieve tomorrow what we hoped to see happen, and also how we came together for the common good around common goals, and therefore representing in a historic arc the success of this remarkable nation.

Well, as we live in this period of breathtaking change, we are called upon to respond similarly. Democratic transitions are underway in North Africa and the Middle East, whose outcomes are not known. Syrians are undergoing horrific assault by a brutal dictator. The end of the story has not yet been written. The United States has ended combat operations in Iraq, but the future of Iraq is not secure. And in Afghanistan, NATO and our ISAF partners have begun transitioning responsibility for security to the Afghan people.

Now, these and other shifts are taking place in the context of broader trends – the rise of emerging powers, the spread of technology that is connecting more people in more places, and empowering them to influence global events and participate in the global economy like never before. And this is all occurring against the backdrop of a recovering economy from the worst recession in recent memory.

Now, amid all this change, there are some things we can count on. One is the unbreakable bond between America and Europe, a bond created by shared values and common purpose. In virtually every challenge we face today, Europe is America’s partner of first resort. We’re working together in the Middle East and North Africa, in Afghanistan, and reaching out to emerging powers and regions, like those nations in the Asia Pacific.
Now, we will always work together, Europe and America. That won’t change. But the way we work together must change when the times require it. We have to test ourselves regularly, making sure we are focusing on the right problems and putting our resources where they’re needed most. At the State Department and USAID, I started a process designed to do just that: the Quadrennial Diplomacy and Development Review, modeled on a similar review that the Defense Department undertakes every four years. We finished that first review more than a year ago, and it continues to drive our effort to become more adept at responding to the threats and opportunities of our time.

Now all of this should sound familiar to those of you who are following the transformation of NATO. This alliance is no stranger to change. Fifty years ago, it was created to lay that foundation for the reemergence of Western Europe and to stand as a bulwark against Soviet aggression.

After the Cold War, NATO’s mission evolved to reforming and integrating Central and Eastern Europe as they rose from decades of Communism. Then two years ago in Lisbon, the leaders of NATO set another new course for our alliance by adopting a strategic concept that takes on the security threats of the 21st century from terrorism to cyber attacks to nuclear proliferation. Next month, we will take another step in this evolution when President Obama hosts the NATO Summit in Chicago. Now, we are both eager to show off Chicago – I was born there, and he of course calls it home, and we’re looking forward to making concrete progress on a number of important issues.

First, is the ongoing transition in Afghanistan. I understand that your own and Maria Zammit came back yesterday from leading a WAC mission to Afghanistan and will be reporting to your fellow group members throughout the country on what she saw there, and I’m glad the State Department could help make that trip happen.

In Lisbon, we set a goal of transitioning full responsibility for security to Afghan security forces by 2014, and they’re making real progress toward that goal. Al-Qaida senior leadership has been decimated and its relationship with the Taliban is fraying.
Meanwhile, the Afghan National Security Forces are becoming stronger and more capable. Today, roughly 50 percent of the Afghan population lives in an area where they are taking responsibility for security. And this spring, the number will go up to 75 percent.
Now, I’m well-aware we’ve had a very difficult period in that relationship. And there is certainly a lot to be learned from the incidents that we have watched unfold. But it should not (inaudible) the fact that we have made progress and are continuing to do so. In Chicago, we will work to define the next phase in this transition, in particular, we will look to set a milestone for 2013, when ISAF will move from a predominantly combat role to a supporting role, training, advising and assisting the Afghan National Security Forces while participating in combat operations when necessary.

This milestone is consistent with the commitments we made in Lisbon because it will ensure that ISAF maintain a robust troop presence and combat capability to support the Afghan people as the transition completes. By the end of 2014, Afghans will be fully responsible. In Chicago we will discuss the form that NATO’s enduring relationship with Afghanistan will then take. We also hope that, by the time we meet in Chicago, the United States will have concluded our negotiations with Afghanistan on a long-term strategic partnership between our two nations. We anticipate that a small number of forces will remain, at the invitation of the Afghan Government, for the sole purpose of training, advising, and assisting Afghan forces and continuing to pursue counterterrorism operations. But we do not seek permanent American military bases in Afghanistan or a presence that is considered a threat to the neighbors, which leads to instability that threatens the gains that have been made in Afghanistan.

It is also essential that the Afghan National Security Forces that we have worked so hard to train have sufficient, sustainable funding for the long run. We’re consulting with allies and partners to reach a unified vision for how we can support these forces. We want to make it clear to the Afghan Government and the Afghan people, as well as to the insurgents and others in the region that NATO will not abandon Afghanistan.

Now, clearly our relationship with Afghanistan has its share of challenges, from the killing of American and allied troops by Afghan security personnel to the unintentional
mishandling of Qu’rans and the tragic murder of Afghan civilians by Americans. People on all sides are asking tough questions about whether we can work past our differences. And while these such incidents have tested our relationship, they have also shown how resilient it is. So the transition remains on track and Afghan officials have worked with us to lower tensions. We have maintained communications at the highest levels and continue having productive discussions on complex issues, like a plan to transition detention operations. We believe a stable Afghanistan is in America’s interest, in NATO’s interest, and we remain committed to working to achieve it.

We also remain committed to supporting Afghan reconciliation. Our goal is to open the door for Afghans to sit down with other Afghans and work out the future for their country. The United States has been clear about the necessary outcomes of any negotiation. Insurgents must renounce violence, abandon al-Qaida, and abide by the laws and constitution of Afghanistan, including its protections for women and minorities. If Afghanistan is ever going to reach its full potential, the rights of women, minorities, and all Afghans must be protected, and their opportunities to participate in their society must be preserved.

We’ve also been clear about the steps the Taliban must now take to advance the process. They must make unambiguous statements distancing themselves from international terrorism and committing to a peace process that includes all Afghans.

So the Taliban have their own choice to make. We will continue to apply military pressure, but we are prepared to work with Afghans who are committed to an inclusive reconciliation process that leads toward peace and security.

Now, as we proceed on these diplomatic and security fronts, we’re also promoting economic development. Afghanistan’s political future is inextricably linked to its economic future, and in fact, the economic future of the entire region. That is a lesson we have learned over and over all over the world: People need a realistic hope for a better life, a job and a chance to provide for their family. And to that end, last year in Bonn, ISAF partners adopted a vision for what we call the Transformation Decade – the period stretching from 2014 through 2024, when international assistance will encourage growth and development in the Afghan private sector. Part of that effort is an idea we call the New Silk Road, a web of economic and transit connections that will bind together a region too long torn apart by conflict and division. We’re partnering with the World Bank and others to help Afghanistan integrate its economy with others in the region, to begin trading and investing with one another, and developing new sources of growth. The private sector will be crucial role in this effort.

On each of these fronts – security, diplomatic, and economic – we are helping the people of Afghanistan strengthen their country and ensure that it never again becomes a safe haven for terrorists.

Our second goal in Chicago touches on a subject that is at the center of ACT’s work, our shared effort to update NATO’s defense capabilities for the 21st century. Two years ago in Lisbon, our leaders laid out a vision for the alliance for the next decade. That vision commits us to ensuring that NATO can deter and defend against any threat. Yet we are taking on this challenge at a moment when the budget of every member country is stretched especially thin. So in Chicago, we will outline a clear vision of how NATO will maintain the capabilities we need in line with the resources we have. This approach works hand-in-hand with Secretary General Rasmussen’s concept of smart defense, which is designed to make sure our alliance remains agile and efficient as well as strong. And I appreciate the work that has been done from ACT in building political support throughout NATO for this innovative approach.

Here’s an example of how it works in practice. We are collaborating on a new Alliance Ground Surveillance system, which uses drones to provide crucial intelligence, surveillance, and reconnaissance information to our forces. If each country in NATO had to buy this system separately, it would be prohibitively expensive. But by pooling our resources and sharing the burden, we can provide better security for every ally at a lower cost. And in Chicago, we’ll decide how to use this system as a hub for joint operations.
There are other ways we will look to strengthen our work together. In Lisbon, for example, we agreed to deploy a missile defense system to provide full coverage and protection for NATO European territory, population, and forces against the growing ballistic missile threat. In Chicago, we will look to advance that goal by developing our plans for NATO to exercise command and control of missile defense assets. We will also seek a commitment to joint exercises and training programs that deepen the habits of cooperation we have developed through our work together in Afghanistan. And we will highlight NATO’s decision to extend the Baltic Air Policing Program, which reassures our Baltic allies and frees up resources they can contribute to other NATO efforts, including Afghanistan.

Finally, our third goal in Chicago will be to cement and expand our global partnerships. Now of course, NATO is and always will be a transatlantic organization, but the problems we face today are not limited to one ocean, and neither can our work be. More than 20 non-NATO countries are providing troops and resources in Afghanistan. Elsewhere, we work with non-NATO partners to fight piracy, counter violent extremism, keep peace in Kosovo. And when NATO moved to enforce U.N. Security Council resolutions on the protection of civilians in Libya, it did so in lockstep with non-NATO partners from Europe and the Middle East.

And let me pause here for a moment to celebrate the role so many of you at ACT played in that effort. Operation Unified Protector was a massive and complex undertaking. It succeeded because our allies and partners collaborated smoothly, and that cooperation was made possible by the training and interoperability planning that you do here. It’s no exaggeration to say that thousands of Libyans are alive today because of your work.
In Chicago we will build on these partnerships, as promised. We’ll recognize the operational, financial, and political contributions of our partners across a range of efforts to defend our common values in the Balkans, Afghanistan, the Middle East, and North Africa. We want to learn what worked and what didn’t, and I do believe in evidenced-based planning. And what we see in NATO is a very impressive example of that. It’s not only the planning that looks forward, but it’s the lessons learned that help us look backward to make that forward planning even better.

Now, the three areas I’ve outlined today – defining the next phase of the transition in Afghanistan, outlining a vision for addressing 21st century challenges in a period of austerity, and expanding our partnerships – shows just how much NATO has evolved over the past six decades. But they should also remind us that we must continue to evolve. Transforming any institution isn’t easy, and it doesn’t happen overnight. In fact, it is a project that never really ends. But we have strong leaders and the right strategies in place. And everything we have accomplished so far points toward how much we can achieve in the days and years to come. If we stay nimble and work together, we can continue to make the world more peaceful and secure.

So let me end where I started, with George Marshall. Now, I’m not sure that even someone as visionary as he could have imagined that NATO would be working together in Afghanistan, or protecting civilians in Libya from a ruthless dictator, or keeping the peace in the Balkans, but I don’t think he would’ve been surprised. Remember, this was a man who played a part in preparing the United States for war in the First World War, rebuilding the Army between the wars, and then rebuilding it again for Korea. This is a man who always understood that our military strength was necessary but not sufficient, that what America stands for, the values that we’ve all (inaudible) and practiced, are really what is most attractive to the rest of the world about us.

And he was also someone who took on himself the task of selling the Marshall Plan to a country exhausted from war. I often just wonder with great admiration how he pulled it off. Here was this idea that he and President Truman and Dean Acheson and Senator Vandenberg and others decided was crucial to America’s future. But just put yourself back into the mindset of someone like my father, who had finished his time in the Navy and was really only interested in getting back to business, raising a family, just having a peaceful future. And all of the sudden, the leaders of his country are saying, you know, we’ve just spent our blood and treasure defeating enemies that we now want to tap you to help rebuild. What an astonishing idea.

And it took visionaries (inaudible) both parties who understood what was at stake in the world that existed after the end of that horrific spasm of violence that took so many lives. And George Marshall went about the business of making the case, coming to organizations like this, speaking to civic clubs across the country, explaining why it was in America’s interest. And thankfully, I would argue, he made that case. And in today’s dollars, it cost about $130 billion, so that people like my father, a small businessman, kept paying taxes that went to rebuilding countries that he had trained young men to go and fight in.

So as we look at the future before us, as complex and unpredictable as it is, we need to be guided by our own very clear-eyed view of what is in America’s interests, and then to chart a path along with our partners in NATO and other nations who share the values that we believe represent the best hope for humanity – freedom and democracy, respecting the dignity and human rights of every person. And as we do that, we of course will have no guarantee of what the future holds. That’s never been possible. But we will once again make the right bet, a bet on America’s leadership and strength, just as we did in the 20th century, for this century and beyond.
Thank you all very much. (Applause.)

NATO AND AFGHAN GOVERNMENT OFFICIALS DISCUSS NIGHT RAIDS


FROM:  AMERICAN FORCES PRESS SERVICE



U.S., Afghans Negotiate on Night Raids

By Jim Garamone
WASHINGTON, April 3, 2012 - As U.S., NATO and Afghan officials discuss the future of night raids in Afghanistan, the raids are effective and Afghan forces participate in the planning of every night operation, a senior Defense Department official said here today.

"[Night raids have] been a concern of the Afghan government for some time," George Little, acting assistant secretary of defense for public affairs, said in a news conference. "We recognize that. We recognize the effectiveness, as well, that night operations have had over time."

NATO and U.S. officials contend that conducting night operations reduces the danger to civilians while keeping pressure on insurgents. International Security Assistance Force officials in the Afghan capital of Kabul say 85 percent of night operations occur without a shot being fired, and only about 1 percent of night operations have led to civilian casualties.

Still, night operations are a bone of contention for the Afghan government, and the coalition is working with the government to assuage their concerns, Little said.

"We believe we're making progress in heading toward an agreement on this and a broad range of other issues," he added. "ISAF forces are working hand in hand with our Afghan partners on night operations, and they are highly effective."

Al-Qaida is smaller and has been hurt badly by continued U.S. and coalition attacks, but it remains a danger, Little said.

"The important thing to remember about al-Qaida is that ... even though they may be smaller than some other groups in the region, it's about their objectives," he said. "And ... even though they are damaged from serious pressure that's been brought to bear against them, one of their objectives remains to attack the United States and our allies. So we have to keep the pressure up. We have to make sure that they don't have the ability to strike us again."

Little stressed that Afghan national security forces are making progress. About 330,000 Afghan soldiers and police are serving today, a number headed to 352,000 this summer. "There's been a lot of discussion recently, and rightfully so, about some tragic and recent incidents," he said, referring to attacks on coalition forces by Afghans in uniform. But the overwhelming majority of Afghan forces have made progress, he added.
"They're doing great work, on their own and with us and with our allies," Little said, adding that while there have been incidents, the over-arching progress cannot be denied.

"This is a testament to our Afghan allies' commitment to taking the fight on themselves [and] providing for their own security, and we're going to continue to stick with them to try to enhance their capabilities," he said. "This is important."

PARKINSON’S DISEASE AND AGENT ORANGE

FROM:  VETERANS HEALTH WEBSITE
Parkinson's disease is a degenerative brain disorder that leads to shaking, stiffness, and difficulty with walking, balance, and coordination.

Signs and symptoms are: tremor, or trembling in hands, arms, legs, jaw, and face; rigidity or stiffness of the limbs and trunk; slowness of movement; and impaired balance and coordination.
Visit MedlinePlus to learn about treatment, the latest medical research, and more from the National Institutes of Health.

VA benefits for Parkinson's disease
Veterans with Parkinson’s disease who were exposed to Agent Orange or other herbicides during military service may be eligible for disability compensation and health care.
Vietnam Veterans may apply for disability compensation for Parkinson's disease using VA'sFast Track Claims Processing System.

Veterans who served in Vietnam, the Korean demilitarized zone or another area where Agent Orange was sprayed may be eligible for an Agent Orange Registry health exam, a free, comprehensive examination.
Surviving spouses, dependent children and dependent parents of Veterans who were exposed to herbicides during military service and died as the result of Parkinson's disease may be eligible for survivors' benefits.
Research on Parkinson's disease and herbicides used in Vietnam

The Institute of Medicine of the National Academy concluded in its report "Veterans and Agent Orange: Update 2008" released July 24, 2009, that there is "suggestive but limited evidence that exposure to Agent Orange and other herbicides used during the Vietnam War is associated with an increased chance of developing Parkinson’s disease."

As a result, VA recognized Parkinson’s disease as associated with exposure to Agent Orange or other herbicides during military service.  VA's final regulation recognizing this association took effect on October 30, 2010.


OWNERS/EMPLOYEES PLEAD GUILTY IN MIAMI $20 MILLION HOME HEALTH CARE SCHEME


FROM:  DEPARTMENT OF JUSTICE
Monday, April 2, 2012
Two Owners and Two Employees of Miami Home Health Company Plead Guilty in $20 Million Health Care Fraud Scheme
WASHINGTON – Two owners and two employees of a Miami home health care agency pleaded guilty for their participation in a $20 million Medicare fraud scheme involving false billings for home health care services, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).

Ariel Rodriguez, 41, Reynaldo Navarro, 37, and Ysel Salado, 26, each pleaded guilty today before U.S. District Judge Marcia G. Cooke to one count of conspiracy to commit health care fraud, and Melissa Rodriguez, 24, pleaded guilty on March 28, 2012, before Judge Cooke to the same charge.
           
According to court documents, Ariel Rodriguez and Reynaldo Navarro were the owners of Serendipity Home Health Inc., a Florida home health agency that purported to provide home health care and physical therapy services to eligible Medicare beneficiaries.  Melissa Rodriguez and Ysel Salado were employees at Serendipity Home Health.

According to plea documents, Ariel Rodriguez, Navarro and their co-conspirators paid kickbacks and bribes to patient recruiters.  In return, the recruiters provided patients to Serendipity, as well as prescriptions, plans of care (POCs) and certifications for medically unnecessary therapy and home health services.  Ariel Rodriguez and Navarro used the prescriptions, POCs and medical certifications to fraudulently bill the Medicare program, which Ariel Rodriguez and Navarro knew was in violation of federal criminal laws.

Melissa Rodriguez and Salado admitted that they cashed checks from Serendipity and provided the cash to Ariel Rodriguez and Navarro to use for the kickback payments.
According to plea documents, Serendipity nurses and office staff falsified patient files for Medicare beneficiaries to make it appear that the beneficiaries qualified for home health care and therapy services.  In fact, the beneficiaries did not actually qualify for and did not receive such services.  Ariel Rodriguez and Navarro admitted that they knew files were falsified so that Medicare could be billed for medically unnecessary services.

From approximately April 2007 through March 2009, Ariel Rodriguez, Navarro and their co-conspirators submitted approximately $20 million in false and fraudulent claims to Medicare.  Medicare paid approximately $14 million on those claims.

The pleas were announced today by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; John V. Gillies, Special Agent-in-Charge of the FBI’s Miami Field Office; and Special Agent-in-Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami Office.

This case is being prosecuted by Trial Attorney Joseph S. Beemsterboer of the Criminal Division’s Fraud Section.  The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.
Since their inception in March 2007, Medicare Fraud Strike Force operations in nine locations have charged more than 1,190 defendants who collectively have falsely billed the Medicare program for more than $3.6 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

U.S. STATE DEPARTMENT IMPOSES TRAVEL RESTRICTIONS ON SOME PERSONS IN MALI


FROM:  U.S. STATE DEPARTMENT
The Department of State today imposed restrictions on travel to the United States on persons and the immediate family of persons who block Mali’s return to civilian rule and a democratically elected government, including those who actively promote Captain Amadou Sanogo and the National Committee for the Restoration of Democracy, who seized power from democratically elected President Amadou Toumani TourĆ© on March 21, 2012. The decision to impose visa restrictions follows and supports the decision of the Economic Community of West African States and the African Union to impose similar sanctions.
The United States reiterates its call on Captain Sanogo and his supporters to restore full civilian rule to Mali without delay.

VA SECRETARY SHINSEKI SAYS VA IMPROVING CLAIMS SERVICES

FROM: U.S. DEPARTMENT OF DEFENSE

Shinseki: VA on Track to Break Claims Backlog

By Donna Miles
American Forces Press Service
WASHINGTON, April 2, 2012 - Veterans Affairs Secretary Eric K. Shinseki says VA is on track toward meeting one of the top priorities he set on arrival at the department three years ago: breaking the back of the disability claims backlog.

VA spent the last two years creating an automated tool to make claims determinations faster and more accurate, he said.

"Our intent is to have no claim over 125 days," Shinseki told American Forces Press Service. "And every claims decision that we put out the door [will be] at a 98-percent quality mark."
Toward that end, VA has been testing the new Veterans Benefit Management System in Providence, R.I., and Salt Lake City. Shinseki told Congress last month he believes this technology is helping VA "approach the tipping point in ending the backlog in disability claims."

He stopped by the Salt Lake City office last week to assess progress there as the department prepares to take the system nationwide beginning this fall. The rollout will begin at 16 regional offices in September, with all 56 VA regional offices to receive it by the end of fiscal 2013, Shinseki said.

This advance is expected to go a long way in helping VA reduce the time veterans must wait for disability claims decisions, the secretary said.

"We know we can do it manually," Shinseki said. "But we plan to layer this automation tool on top of that, and have the people who did the manual work now armed with an automation tool. I think we will be able to improve our productivity in ways that we will be able to take that backlog down quickly."
Shinseki noted the monumental challenge VA has been up against. During 2009, VA produced 900,000 claims decisions, but also received 1 million new claims. The next year, VA increased its claims decisions to 1 million, but received 1.2 million new claims.

"Last year, we produced another 1 million claims decisions and got 1.3 million claims in," Shinseki said. "So the backlog isn't static. The backlog is a bigger number than we would like, but it is not the same number as three years ago."

Once the automated system is in place, Shinseki said, he believes the 125-day, 98-percent accuracy goals he set are achievable. "There is a lot on the line here," he said. "And that is why this rollout in September is an important one."

His confidence, he said, comes from the successes he's seen automation bring to VA's processing of Post-9/11 GI Bill claims.

Shinseki recalled arriving at VA in 2009 just as the new program was being launched and having to implement it on the fly, with no automation tools. Within about nine months, he said, VA was able to prepare the manual process of getting about 173,000 people into schools by the fall 2009 term.
"It was pretty rocky," he acknowledged.

But today, with the process now automated, VA is able to process more than 600,000 Post-9/11 GI Bill claims faster, and with fewer mistakes, the secretary said. That experience demonstrated the importance of keeping manual processing going as automation is being rolled in, then gradually moving all the processes toward automation, he added.

"The lessons we got out of that were tremendously important," he said. "It educated our efforts with the automation tool for the [disability] claims process, and we are doing the same things, step-by-step, that we learned how to do through with the [Post-9/11 GI Bill]."

The new system is just one initiative VA has taken to break the claims backlog.
Another effort focuses on fundamentally changing the relationship between veterans and VA, making VA an advocate in putting together a strong claims package. VA began giving veterans a checklist of what's needed to file a claim, and also did its own digging to produce whatever documentation veterans couldn't find. This effort reduces the time needed to put a claims package together.

Another pilot program focuses on making claims processing more efficient by simplifying the process and improving communication among the entities that process a claim to reduce procedural delays, the secretary said.

Shinseki said he wanted to focus on getting the bugs out of the claims process before increasing automation.

"We didn't want to automate bad processes and just get lousy decisions faster," he told a Paralyzed Veterans of America gathering. "So we broke the complex, convoluted claims process down into its component pieces to improve each part before putting them back together."

LILIANA FACCIOLI PINTOZZI OF SKY TG-24 INTERVIEW WITH U.S. STATE DEPARTMENT OFFICIAL


FROM:  U.S. STATE DEPARTMENT E-MAIL
Interview With Liliana Faccioli Pintozzi of Sky TG-24
Interview Philip H. Gordon
Assistant Secretary, Bureau of European and Eurasian Affairs Rome, Italy
March 30, 2012
QUESTION: Assistant Secretary, Mr. Gordon, this is not your first trip to Italy but what’s your view of Italy’s latest reform efforts?

ASSISTANT SECRETARY GORDON: Let me first say how delighted I am to be in Italy. I have long-standing relations with this country and Italy plays a major role in our partnership with Europe. And we are very impressed by the recent developments. President Monti, of course, was recently in Washington. He met in the Oval Office with President Obama and I can tell you that President Obama was enormously impressed with his commitment to reform, his knowledge of the economy, and the steps he has taken. One of the reasons I’m here is to form a personal sense of the significance of the reforms and my sense is that they are real, and are in the process of transforming Italy in a way that’s going to have a profound and positive effect.

QUESTION: What can be the US commitment in supporting Italy in this process?

ASSISTANT SECRETARY GORDON: Well, the United States does not have a direct role in the euro crisis. We don’t vote in the Central Bank, we don’t vote in the European Council. We have said that this is largely a European lead. We support the process in general through our contributions to the IMF, but otherwise it is something that we trust that the European leadership has the means and the will and the commitment to undertake. We have an enormous stake in the outcome, so we’re following it closely and the President and Secretary Geithner are very closely in touch with their counterparts and we have views on what needs to be done. We’re encouraged that President Monti, among others, has pushed the growth agenda alongside the austerity agenda because we believe - just as in the United States - you need to be creating growth and creating jobs even as you consolidate the fiscal position. So once again that’s why we’re so impressed with what President Monti is doing in Italy – yes getting a handle on the debt and deficits which is part of the problem, but also reforming and liberalizing in a way that will lead to future growth.

QUESTION: Any ideas that you can use in the United States?

ASSISTANT SECRETARY GORDON: Any ideas that we can use in the United States? We welcome ideas from knowledgeable partners and yes, obviously the situations are different but a core similarity is that we also need to cut our deficits and debt while also seeking to create growth. And one of the things that I think we can both do is look for ways to be more efficient and to liberalize, including in trade and mutual investment and that’s part of the agenda as well.

QUESTION: Apart from the debt crisis, currently what is the most important issue in Europe for the United States?

ASSISTANT SECRETARY GORDON: Well, we have so many because the world is so challenging right now given the challenges we face in Afghanistan, Iran, Syria, Libya. And the way we think about these issues is that we know we need strong partners to deal with them. The United States knows it can’t deal with all of these things alone. And when we think about where might those partners be, they are invariably our European partners and Italy is certainly one of the most important and that’s why we value the contributions Italy is making even at this time of difficult economic situation. What Italy is doing with its troops in Afghanistan, what Italy is doing to support the common approach on Iran, including sanctions, including in the energy sector which we know is very difficult for Italy. The role it played in Libya in getting rid of a dictator who was attacking his own people, the way Italy joins us on Syria. On this entire global agenda where we need strong partners Italy is among the best partners that we have and I can tell you that we very much appreciate that in Washington.

QUESTION: Regarding Afghanistan, what can we expect from the NATO summit in Chicago? Any news on the strategy for withdrawal from Afghanistan?

ASSISTANT SECRETARY GORDON: I think so. And you’re right that Afghanistan will be at the top of the agenda in Chicago. President Obama will be proud to host a NATO summit in his home town and I think Afghanistan will be at the core of the decisions taken there. We know what we want to do and I think we have a consensus to do it. We want to stick to the timetable on troops that was agreed in Lisbon, which is getting our combat troops out by the end of 2014 and transitioning to a full Afghan leadership for its own security. Now to do that we need to remain committed, we need to remain engaged, we need to agree on how we’re going to support the Afghan national security forces after 2014 because what we don’t want to do is squander an investment that we have made over ten difficult years. And we all know the sacrifices that countries like Italy have made and the troops they have lost there and the money that has been spent there. And we just want to make sure that after investing so much in our common challenge of trying to stabilize Afghanistan and frankly do something for the Afghan people. As Secretary Clinton often points out, the need to get the Taliban to distance itself from al-Qaeda, to renounce violence, to respect the constitution, including support for women. We owe it to the Afghan people, we owe it to our soldiers who have committed so much to not squander that investment and we think we are making real progress. And as long as we all stick together, and it’s not just the United States – I think there are some 47 countries involved in ISAF – we think we can get all of our combat troops out and leave Afghanistan in a much better place.

QUESTION: Do you think Kabul and Washington will be able to sign the agreement before the summit?

ASSISTANT SECRETARY GORDON: I think so. We’re making progress. It’s difficult. Afghanistan obviously wants to underscore its own sovereignty and they have their own perspectives. We have issues that are important to us as well and have had difficult discussions but I think we’re making progress and I believe we will be in a position to sign the partnership agreement.

QUESTION: How did the Kandahar episode and the Koran episode change the mission?

ASSISTANT SECRETARY GORDON: Not fundamentally. If you heard what President Obama said when Prime Minister Cameron of Britain was visiting two weeks ago in the wake of these tragic and difficult incidents it doesn’t change the overall strategy. People have raised questions: “Should we get out sooner? Are we still committed?” The answer is yes we are committed. The Lisbon timetable is the right one. Allies have agreed to it even under difficult circumstances because we know that we want to leave Afghanistan in a place where Afghans can be responsible for their own security. If we let an incident like this, however tragic or unfortunate, divert us from that and we throw up our hands and we give up, then we would really risk squandering everything we’ve done and invested in that country. We know we’re not going to turn Afghanistan into Switzerland but we do think that we can leave it in a place where human rights would be more respected and individuals would be more secure and we wouldn’t be threatened from the terrorism that once emanated from Afghan soil.

QUESTION: Going back to Syria, Europe is with the U.S. on sanctions and huge pressure on Assad. Do you think that after the common declaration in the Security Council it will be possible to have a common resolution? Or will Beijing and Moscow will still be against it?

ASSISTANT SECRETARY GORDON: I think we’re making progress and you’re right to note that we were pretty close to an international consensus before. And the vote in the Security Council was 13 to 2. And the vote in the General Assembly not long after that was something like 137 to 13 and when you look at the countries in that smaller group, I think that’s not the group that Russia and China should want to be voting with. So there’s already close to an international consensus. We made progress in the presidential statement from the Security Council in the support for the Annan six-point plan and we continue our bilateral dialogue with Russia to convince them that we really need to send a message, that pressure needs to be applied to the Assad regime, that ultimately the future of that country can’t be in his hands, that people won’t stand for it after the wanton violence that he has used against his own people. And I think we’re unified as the international community. I think you’ll see that in Istanbul this weekend when the Friends of the Syrian People meet at a ministerial level to underscore the international community’s determination. It’s different from Libya. We’re not talking about using military force, we’re not planning a NATO operation. Every case is different. But what’s similar to Libya is that the people in the country decided that they could no longer support the violent autocrat dictator using violence on people. The international community came together and supported those people. We saw a transition in Libya and I’m confident we’re going to see a transition in Syria as well. We need to.

QUESTION: The last question is about Iran. We saw in the New York Times the report about the Pentagon simulation of a possible attack on the part of Israel against Iran and an Iranian attack against the United States. I don’t want to ask you if you are ready to attack Iran, but I want to ask you how do you see the next six months? What could be the developments in the situation between Israel, Tehran, Washington?

ASSISTANT SECRETARY GORDON: Here again I’m impressed with the degree of international consensus and growing international consensus on this issue and in particular trans-Atlantic consensus. President Obama is determined to continue to increase pressure on Iran, to persuade it that there are real costs to its refusal to abide by Security Council resolutions and to reject the international community’s view that it needs to come clean on its nuclear program and what we suspect is a nuclear weapons program. And we have succeeded in increasing that pressure very significantly and the European Union is shoulder to shoulder with us. The arms embargo, which we know is difficult, especially for countries like Italy that used to import oil from Iran are in a difficult situation. But the European Union has come together to do that, to impose financial sanctions on the Iranian Central Bank and the banking sector in general. And it’s having a real impact on Iran. I think the Iranians are now understanding that there is a real consequence to flouting the international community. It’s also a message, by the way, to other countries that might think about going in this direction that they can’t do so without paying a very significant price. So we’re pleased at the degree of international consensus and trans-Atlantic consensus but we’re also serious about the diplomatic track. And we’re telling Iran that if they come back to the table there is a way for them to reassure the international community and have a civil nuclear energy program which we would support. So that’s what we’re trying to do. We’re doing it together with the European Union and just like so many of the other international questions we have just discussed – Afghanistan, Libya and Syria – we have a real trans-Atlantic partnership here and we have a hugely important US-Italy partnership as well.

QUESTION: You don’t see any kind of deadline?

ASSISTANT SECRETARY GORDON: Well, it can’t go on forever. We are concerned about several timetables. One is if the Iranians continue to enrich uranium at the current rate they will soon have enough highly enriched uranium to create a nuclear weapon, so that puts some deadline pressure on. And we all know that Israel would consider the use of force because they find this to be an existential threat and one of the things President Obama has made clear is that we want to increase the diplomatic and financial pressure before Israel might feel the need to act militarily. So I’m not saying that this can go on indefinitely but I am saying that given the progress we’re making we have reason to believe that’s the right approach and that’s why we’re so determined to carry on with it.
QUESTION: This is really the last question: This is an electoral year. Do you think that we will have just an economic election campaign or will foreign policy be part of the campaign?

ASSISTANT SECRETARY GORDON: In the US elections coming up? The economy is always the overwhelmingly important variable, especially in the wake of such a massive financial crisis and the difficult economic situation that this President inherited and the difficult economic situation we continue to face. So, no question, economy first and foremost. Fortunately or happily, things seem to be looking up on that score. We’ve seen a lot of job creation in the last couple of months. The stock market is up and business confidence is up – all of which leads us to believe and hope that things are really moving in the right direction and the President’s policies are paying off so I’m optimistic on that score. But of course foreign policy also plays a role in a US election. And there too I think we’ve seen significant support of the American people for this President’s foreign policies, for his actions in the area of counterterrorism, getting Bin Laden, succeeding in re-establishing some of our important global partnerships so I think we’re feeling good on both of those scores.
Question: Thank you.

ASSISTANT SECRETARY GORDON: Pleasure to be here.

NASA LOGO FOUND DURING SPACEWALK


FROM NASA
STS-116 astronaut Bob Curbeam met the NASA logo up close on his Dec. 14, 2006, spacewalk, during which he performed tasks to complete the International Space Station. During space shuttle Discovery’s mission to the station, the STS-116 crew added the P5 spacer truss segment and rewired the station’s power system, preparing it to support the station’s final configuration and the arrival of additional science modules. A fourth and final spacewalk was added to allow the crew to retract solar arrays that had folded improperly. Curbeam was selected as an astronaut in 1994 and subsequently flew on three space shuttle missions. During the STS-116 mission, he became the first shuttle astronaut to conduct four spacewalks in a single mission. Curbeam also flew on STS-85 in August 1997 and STS-98 in February 2001. He accumulated 45 hours and 34 minutes of spacewalking time and more than 900 hours in space. Image Credit: NASA

REMARKS BY AMBASSADOR RICE AT U.N.

FROM:  U.S. DEPARTMENT OF STATE
Remarks by Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, at the Security Council Stakeout following a Briefing by Joint Special Envoy Kofi Annan, April 2, 2012
Susan E. Rice
U.S. Permanent Representative to the United Nations
U.S. Mission to the United Nations New York, NYApril 2, 2012
AS DELIVERED
Ambassador Rice: Good afternoon, everyone. Let me provide you with a read-out of the Council’s meeting this morning with Joint Special Envoy Kofi Annan. The Joint Special Envoy reviewed for the Security Council his efforts so far to address the crisis in Syria. He expressed gratitude for the recent Presidential Statement and for the Security Council unity that it represented. Joint Special Envoy Annan said that in his discussions with the Syrian regime, he emphasized the urgency of the situation and pressed the government to cease troop movements, cease the use of heavy weapons, and pull out of population centers. Mr. Annan reported that the Syrian foreign minister sent him a letter yesterday, in which he said that the Syrian military will begin immediately, and by April 10th will complete, the cessation of all forward deployment and use of heavy weapons and will complete its withdrawal from population centers. These are steps A through C in the Six-Point Plan, item 2.

Mr. Annan said that he wished that he had this confirmation of action sooner, in other words, that the April 10th deadline would ideally have been earlier than it is. But he urged the government of Syria to start immediately and to ensure that forces move no further into population centers. And, as he related, that commitment was provided by the Syrian authorities. Mr. Annan reported that he’s expecting details from the Syrian government very shortly on the other aspects of his Six-Point Plan, including key requests for humanitarian access, the two-hour daily humanitarian pause, as well as access for the media, and of course, the political process. Mr. Annan’s deputy, Nassar al-Qidwa, has also had constructive exchanges with the opposition to urge them to cease their operations within 48 hours of a complete cessation of government hostilities, in other words, their fulfillment of steps A through C.

Mr. Annan said that a DPKO team joined by some of his staff will travel again to Syria this week to continue preparations for a potential monitoring and supervisory mission of the UN. And finally, Mr. Annan asked the Security Council to support the April 10 deadline and, given the urgency of the situation, to begin consideration of a potential UN monitoring mission. Under-Secretary-General Ladsous then briefed in very short terms on DPKO’s early-stage contingency planning for such a monitoring mission. All members of the Security Council expressed full support for Joint Special Envoy Annan and called for his Six-Point Plan to be implemented immediately, including a political process leading to a transition that meets the aspirations of the Syrian people for democracy, a key point reiterated more than once by the Joint Special Envoy.

Some members of the Security Council expressed concern that the government of Syria not use the next days to intensify the violence and expressed some skepticism about the bona fides of the government in this regard. But, in general, Council members expressed a willingness to consider Mr. Annan’s plan for a monitoring mission if indeed a cessation of violence is achieved.
I’m happy to take a couple of questions.

Ambassador Rice: Excuse me. One at a time.

Reporter: Can you give us an idea of—did Mr. Ladsous make it clear how long it would take? I mean, that you could move rapidly to get a monitoring mission in there, how big it was, any of the details of what it would do?

Ambassador Rice: Let me, on the subject of Mr. Ladsous’s briefing, I think DPKO can provide you with the details of their thinking. Essentially, they’re looking at a phased approach with the aim of trying to get in a small core of initial monitors that might be drawn with the consent of governments from some of the missions in the nearby region. It will take some time to ramp up to full strength, and I think it better to give DPKO the opportunity to provide the details of their thinking.

Reporter: Was there any discussion—was there any discussion of the announcement by some of the Friends of Syria that they would begin to pay salaries to the Free Syrian Army or other rebels? And can you also say—the U.S. offered to provide communications equipment. Can you specify a little bit who would get it, whether it could have any lethal usage, and what safeguards are in place?

Ambassador Rice: Well, let me in my capacity as president be clear in saying, I think, if I’m not mistaken, only one delegation raised that issue. Most were focused on the contents of the Joint Special Envoy’s briefing today. From the U.S. point of view—now speaking in my national capacity—as you know, we announced our readiness not only to increase our humanitarian assistance now to $25 million but also to begin to provide non-lethal assistance to the opposition, including in the form of communications equipment. That communications equipment is by its nature and by its definition non-lethal, and we will continue to work with other partners in the Friends of Democratic Syria, as was agreed in Tunis, to strengthen our efforts to support the effectiveness and coherence of the opposition.

Reporter: Ambassador, can you clarify who is going to be actually monitoring the fulfillment of these promises from here until April 10th, given that you do not have a mechanism for peacekeeping or any such monitoring on the ground? And secondly, can you also clarify if there has been any type of preconditions or conditions attached by the Syrian government to this agreement for April 10 deadline for full-out and whether all the troops will go back to their barracks?

Ambassador Rice: Joint Special Envoy Annan, to answer your second question first, did not specify any preconditions nor was the Council aware of preconditions that had been put in front of that planned withdrawal. The action was to have begun yesterday, on April 1st, consistent with the commitment that Joint Special Envoy Annan received and be implemented over the course of the subsequent ten days. In terms of monitoring, I mean, you know the issue. There is no independent monitoring mechanism on the ground because that hasn’t been permitted by the circumstances, by the lack of violence, and by the posture of the Syrian authorities. There is also obviously a challenge with access for journalists and other independent observers, so we will need to rely on the same sources of information that we have been relying on over the course of the last many months—some of which are formal, some of which are informal—to assess the degree of implementation.

Reporter: Has Syria totally accepted the April 10th deadline? I mean, it’s said there is no hesitation, according to Annan?

Ambassador Rice: As I just said in answer to Raghida, as it was briefed to us, there were no conditions or preconditions specified by the Syrians that we’re aware of for implementation of the commitments that it made some days prior to April 1. Now, let’s be realistic. We’ve—now speaking in my national capacity—we have seen over the course of the last many months promises made and promises broken. We have seen commitments to end the violence followed by massive intensification of violence. So the United States, for one, would look at these commitments and say, yet again, that the proof is in the actions, not in the words. And past experience would lead us to be skeptical and to worry that, over the next several days, that rather than the diminution of the violence we might yet again see an escalation of the violence. We certainly hope that is not so. We hope that the Syrian authorities will implement fully the commitments that they have made without any conditions or codicils, and should they do so, we will expect the opposition to follow suit within 48 hours, as specified by Joint Special Envoy Annan.
Thank you very much.



Tuesday, April 3, 2012

DENSO CORPORATION EXECUTIVE AGREES TO PLEAD GUILTY TO PRICE FIXING AND BID RIGGING

The following excerpt is from the Department of Justice Antitrust website:
WASHINGTON — An executive of Japan-based DENSO Corporation, has agreed to plead guilty and to serve time in prison for his role in a conspiracy to fix prices and rig bids for heater control panels (HCPs) installed in U.S. cars, the Department of Justice announced today.

According to a one-count felony charge filed today in the U.S. District Court for the Eastern District of Michigan in Detroit, Norihiro Imai, a Japanese national, along with co-conspirators, engaged in a conspiracy to rig bids for and to fix, stabilize and maintain the prices of HCPs sold to customers in the United States and elsewhere. According to the charge, Imai’s involvement in the conspiracy lasted from at least as early as August 2006 until at least June 2009. According to the plea agreement, which is subject to court approval, Imai has agreed to serve one year and one day in a U.S. prison, to pay a $20,000 criminal fine and to cooperate with the department’s ongoing investigation.

“Today’s guilty plea demonstrates the Antitrust Division’s commitment to hold executives accountable for engaging in illegal conduct that leads to higher prices for American businesses and consumers,” said Acting Assistant Attorney General Sharis A. Pozen in charge of the Department of Justice’s Antitrust Division. “Criminal antitrust enforcement is a top priority, and the division will continue to work with its law enforcement partners in the ongoing investigation in the auto parts industry.”

DENSO manufactures and sells a variety of automotive electrical parts, including HCPs. HCPs are located in the center console of an automobile and control the temperature of the interior environment of a vehicle. According to the charge, Imai and his co-conspirators carried out the conspiracy by, among other things, agreeing during meetings and discussions to coordinate bids submitted to, and price adjustments requested by, automobile manufacturers.

Including Imai, eight individuals and three companies have been charged in the government’s ongoing investigation into price fixing and bid rigging in the auto parts industry. DENSO pleaded guilty on March 5, 2012, and was sentenced to pay a $78 million criminal fine. Yazaki Corporation, another Japanese automotive electrical component supplier, pleaded guilty on March 1, 2012, and was sentenced to pay a $470 million criminal fine. Additionally, four Yazaki executives were charged on Jan. 30, 2012, and have agreed to plead guilty. On Nov. 14, 2011, Furukawa Electric Co. Ltd. pleaded guilty and was sentenced to pay a $200 million fine. Three of Furukawa’s executives also pleaded guilty and were sentenced to serve prison sentences in the United States ranging from a year and a day to 18 months.

Imai is charged with price fixing in violation of the Sherman Act, which carries a maximum sentence of 10 years in prison and a $1 million criminal fine for individuals. The maximum fine for an individual 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.


TROPICAL STORM DAPHNE ON APRIL 3, 2012


FROM:  NASA
NASA Infrared Image Sees a Stronger Tropical Storm Daphne
Tropical Storm Daphne strengthened overnight and was captured in an infrared image from NASA's Terra satellite. Daphne moved away from the Fiji islands and remains north of New Zealand in the South Pacific on April 3, 2012.

NASA's Terra satellite passed over Daphne at 1014 UTC (6:14 a.m. EDT or 10:14 p.m. local time, Auckland, New Zealand), and used infrared imagery from the Moderate Imaging Spectroradiometer (MODIS) instrument to visualize its cloud extent. Like the infrared goggles used to see at night infrared satellite imagery can see cloud cover of tropical cyclones from space. The MODIS image showed Daphne to be more rounded and less elongated than it appeared in satellite imagery on April 2, indicating that wind shear had lessened. At that time, its minimum central pressure was 986 millibars.

On April 3 at 0300 UTC (April 2 at 11 a.m. EDT/3 p.m. local time, Auckland, New Zealand time), Tropical Storm Daphne had maximum sustained winds near 50 knots (57.5 mph/92.6 kph), up from 35 knots (40 mph/64 kph) on April 2. Daphne was located 744 nautical miles (856 miles/1378 km) east of Kingston Island, near 27.8 South and 178.0 West. Daphne was speeding to the southeast at 25 knots (28.7 mph/46.3 kph). As Daphne has moved, it has grown in size. Tropical-storm-force winds now extend as far as 300 nautical miles (345.2 miles/555.6 km) from the center, especially in the east and southern quadrants. Tropical-storm-force winds in the other quadrants appear to extend just further than 100 nautical miles (115 miles/185 km).

All warnings have been dropped for Fiji land areas, but mariners can expect rough seas between Fiji and New Zealand as Daphne continues moving southeast.

Forecasters at the Fleet Weather Center in Norfolk, Virginia are currently maintaining forecasts for tropical cyclones in the South Pacific. The current forecast takes Daphne on a south-southeasterly track over the next several days and keeps it away from New Zealand. Forecasters expect Daphne to begin weakening as it continues to move southeast as wind shear will increase and sea surface temperatures will drop.


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