A PUBLICATION OF RANDOM U.S.GOVERNMENT PRESS RELEASES AND ARTICLES
Thursday, June 7, 2012
SECRETARY OF DEFENSE PANETTA'S REMARKS IN NEW DELHI, INDIA
FROM: U.S. DEPARTMENT OF DEFENSE
Remarks by Secretary Panetta at the Institute for Defense Studies and Analyses in New Delhi, India
SECRETARY LEON PANETTA: Thank you very much, Mr. Ambassador, Dr. Gupta. Thank you for inviting me to the Institute for Defense Studies and Analysis, and thank you for your leadership of this distinguished organization. It's a special honor for me to have this opportunity on my first visit to India as secretary of defense to be able to address the issues in the defense arena that involve both the United States and India.
This trip has taken me from the Pacific Command headquarters in Hawaii to the Shangri-La Dialogue in Singapore to Cam Ranh Bay and Hanoi in Vietnam. It's appropriate that as I've had the opportunity to define our new defense strategy for the 21st century that I am now here with a very key partner in India, particularly in this important region.
Over the past two days I have held some very excellent meetings with Prime Minister Singh, with Defense Minister Antony, with National Security Adviser Menon. And I want to thank them all for welcoming me back to this country. I've had the opportunity to visit here a number of times in my prior capacity as director of the CIA and now have the opportunity to visit as secretary of defense.
I also want to take this moment to thank Ambassador Chandra for his role in helping to convene and moderate today's discussion. And I also want to thank him for his contributions. He's made a number of very important contributions in helping to advance United States-India relationship during his career in public service. And I had the opportunity to see that personally during the time I was in the White House.
His first year in Washington as India's ambassador overlapped with the end of my tenure as President Clinton's chief of staff in the 1990s. It was a time when the legacy of the Cold War and the suspicions that developed during that period still loomed large. And though the United States and India shared many values and many common interests, our bilateral relationship suffered from many of those suspicions.
My former boss, President Bill Clinton, I think got it right at the time twelve years ago here in New Delhi when he said, and I quote, "India and America are natural allies, two nations conceived in liberty, each finding strength in its diversity, each seeing in the other a reflection of its own aspiration for a more humane and a more just world," unquote. Thanks to the efforts of past presidents, both Republican and Democrat, our two nations, I believe, have finally and irreversibly started a new chapter of our history.
When I returned to government in 2009 to serve as director of the CIA, I found a transformed United States-India relationship. We had acted together to get past our differences and re-establish better cooperation. It required that we get beyond our outdated notions about one another. And today, thanks to President Obama and Prime Minister Singh, along with Indian leaders from across the country's political spectrum, our two nations now engage actively and effectively as partners on a whole host of bilateral, regional and global issues.
President Obama has said that the United States and India will be one of the defining partnerships of the 21st century, and I believe that to be true. Today we have growing economic, social, diplomatic ties that benefit both of our nations. But for this relationship to truly provide security for this region and for the world, we need to deepen our defense and our security cooperation, and this is why I have come to India.
America is at a turning point. After a decade of war, we are developing a new defense strategy for the 21st century, a central feature of that strategy is rebalancing toward the Asia-Pacific region. In particular, we will expand our military partnerships and our presence in the arc extending from the Western Pacific and East Asia into the Indian Ocean region and South Asia. Defense cooperation, defense cooperation with India is a linchpin in this strategy.
India is one of the largest and most dynamic countries in the region and, for that matter, in the world, with one of the most capable militaries. India also shares with the United States a strong commitment to a set of principles that help maintain international security and prosperity. We share a commitment to open and free commerce. We share a commitment to open access by all to our shared domains of sea, air, space and cyberspace. We share a commitment to resolving disputes without coercion or the use of force and in accordance with international law. We share a commitment to abide by international standards and international norms -- rules of the road, if you will -- which promote international stability and peace for the world. One of the ways we will advance these principles is to help develop the capabilities of countries who share these values, and India certainly is one of those countries.
Our two nations face many of the same security challenges: from violent extremism and terrorism to piracy on the high seas, and from the proliferation of weapons of mass destruction to regional instability. Handling these challenges requires a forward-looking vision for our defense partnership and a plan for advancing it month by month and year by year. We have built a strong foundation, and we will enhance this partnership over time in the spirit of equality, common interest and mutual respect.
In particular, I believe our relationship is, can and should become more strategic, more practical and more collaborative. Our defense cooperation is strategic, in that we consult and share views on all major regional and international security developments. Our defense policy exchanges are now regular, candid and invaluable. Our partnership is practical because we take concrete steps, through military exercises and exchanges, to improve our ability to operate together and with other nations to meet a range of challenges. And our defense relationship is growing ever more collaborative as we seek to do more -- more advanced research, more advanced development, share new technologies and enter into the joint production of defense articles.
Let me share my view on the progress we have made in each of these areas and outline additional steps that I believe we can take in the coming months and years. First of all, with regards to strategic cooperation, we've built a strong strategic relationship. That is the nature of the relationship between the United States and India. In my own experience, including during my visits here as director of the CIA, my Indian counterparts always offer clear strategic analysis and recommendations. We are transparent. We are honest in our discussions, something that has come to define the strength of our relationship.
During my two days here we discussed the new defense strategy that is guiding the United States' military rebalance to the Asia-Pacific region. We also talked about the value of the ASEAN (Association of Southeast Asian Nations) regional architecture in promoting international norms and in guaranteeing freedom of navigation. We discussed Afghanistan, where we have embarked on a transition to Afghan responsibility for security, for governance and for economic affairs.
India has supported this process through its own significant investments in Afghan reconstruction and has signed a long-term partnership agreement with Afghanistan. We are making significant progress towards a successful transition. The United States now has an enduring partnership agreement with Afghanistan, and we are committed to the long term in assuring that Afghanistan is a stable nation in this region of the world.
I urge India's leaders to continue with additional support to Afghanistan through trade and investment, reconstruction and help for Afghan security forces. We both realize how important it is to ultimately have a stable Afghanistan if we are to have peace and prosperity in this region.
We also discussed India's immediate neighborhood. In particular, I welcomed the initial steps that India and Pakistan have taken to normalize trade relations. This is a process that we believe is key to resolving their differences and to helping Pakistan turn around its economy and counter extremism within its borders. Pakistan is a complicated relationship, complicated for both of our countries, but it is one that we must continue to work to improve.
And finally, we exchanged views about other key issues, like piracy and terrorism, tensions in the South China Sea, our concerns about Iran, about North Korea's destabilizing activities, and new challenges like cyber-intrusions and cyberwarfare.
Second, what is -- what is it we can do to improve a practical defense partnership? At a very practical level, our defense partnership is coming of age. Expanded military exercises, defense sales, intelligence sharing are key examples of the relationship's maturation. Last year alone we held more than 50 cooperative defense events. Some of the most significant include our military exercises, which enhance our ability to prepare for real-world challenges.
The annual MALABAR naval exercise has grown from a passing exercise for our ships into a full-scale engagement across all functional areas of naval warfare. In March U.S. Army soldiers joined their counterparts in India to rehearse scenarios involving United Nations peacekeeping and humanitarian assistance/disaster relief in a post-conflict setting. U.S. soldiers even had the chance to participate in a Holi celebration, in which, I gather, all experienced a colorful -- a colorful occasion. One month later the
SHATRUJEET exercise took place at Camp Pendleton in California, my home state, with amphibious operations and other exercises between U.S. Marines and Indian soldiers.
These engagements, these exercises provide opportunities for our militaries to learn from each other. This will sharpen our skills the next time we are called upon to interdict a weapons of mass destruction shipment or break up a terrorist plot or respond to a future tsunami.
We've also increased our defense sales relationship from virtually nothing early in the last decade to sales worth well over $8 billion today. Our sales are rapidly growing.
For example, India and the U.S. have agreed to sales of maritime surveillance and transport aircraft. India will soon have the largest -- the second-largest fleet of C-17s in the world, expanding the reach and strength of India's forces and their ability to rapidly deploy. Your C-130J transport aircraft and P-8I maritime surveillance aircraft purchases are also historic. In fact, India and the United States will be the only countries operating the P-8I aircraft.
In providing such world-class capabilities to the Indian armed forces, we also enabled new training and exchange opportunities between our militaries. For example, our sales of transport aircraft included U.S. Air Force training of Indian pilots, loadmasters and maintenance staff.
The third area is defense collaboration.
Finally, in terms of building collaboration, we have some early successes and are poised to embark on technology sharing, co-production and other initiatives that will be a great value to each of our nations. Lockheed Martin, Sikorsky, India's Tata Group are already jointly manufacturing spare parts for transport aircraft in Hyderabad. This project benefits each of our nations by creating jobs in India and America and strengthening our defense industries. Our shared goal should be to solidify progress and deepen defense engagement and cooperation in all of these areas.
So now let me turn to the future. At a strategic level, we have worked together to counter piracy, to counter terrorism, and now we should join forces to tackle new and even more complex threats.
We can do more to drive the creation of a rules-based order that protects our common interests in new areas like cybersecurity and space. We need to develop rules of the road in these domains to help confront dangerous activities by states and non-state actors alike.
In terms of regional security, our vision is a peaceful Indian Ocean region supported by growing Indian capabilities. America will do its part through doing things like rotating the presence of Marines in Australia. We will have littoral combat ships rotating through Singapore. And we will have other deployments in the region. But the fundamental challenge here is to develop India's capabilities so that it can respond to security challenges in this region.
The United States supports Southeast Asia multilateral forums such as the ASEAN Defense Ministers' Meeting-Plus, or ADMM-Plus. These mechanisms will prevent and manage regional tensions. As I told my Indian colleagues over the past two days, India's voice and involvement in these international forums will be critical.
As the United States and India deepen our defense partnership with each other, both of us will also seek to strengthen our relations with China. We recognize that China has a critical role to play advancing security and prosperity in this region. The United States welcomes the rise of a strong and prosperous and successful China that plays a greater role in global affairs and respects and enforces the international norms and international rules that have governed this region for six decades.
And again, with regard to Pakistan, India and the United States will need to continue to engage Pakistan, overcoming our respective and often deep differences with Pakistan, to make all of South Asia peaceful and prosperous.
And to improve our practical cooperation, I do believe that the United States' and India's participation in military exercises, which are already strong, should continue to be more regular and complex. And we must move beyond a focus on individual arms sales to regular cooperation that increases the quantity and the quality of our defense trade.
I want to stress that the United States is firmly committed to providing the best defense technology possible to India. We are both leaders in technology development, and we can do incredible work together. Indeed, I think a close partnership with America will be key to meeting India's own stated names -- aims -- of a modern and effective defense force.
The Obama administration is hard at work on export control reforms, in cooperation with our Congress, in order to improve our ability to deliver the best technologies even more quickly. Meanwhile, we look to India to modernize its own regulations in areas like defense procurement and nuclear liability legislation.
But to realize the full potential of defense trade relations, we need to cut through the bureaucratic red tape on both sides. For that reason, I've asked my deputy secretary, Ash Carter, to lead an effort at the Pentagon to engage with Indian leaders on a new initiative to streamline our bureaucratic processes and make our defense trade more simple, more responsive and more effective.
Believe me, I know this is not going to be easy. This is hard. But that's the nature of the democratic systems that we share. Your leaders understand the challenges I face, and we understand the obstacles you face. But we both need to persevere to support our defense needs and our strategic interests. Over the long term, I am certain that we will transition our defense trade beyond the buyer-seller relationship to a substantial co-production and eventually high-technology joint research and development.
During my visit to Asia this week, I have sought to bring closure to some of the past chapters of the United States involvement in this region. The government of Vietnam opened three new areas to search for our missing in action from the Vietnam War.
And here in India, I'm pleased to announce that the Indian government will allow a team to return to India to continue the search for U.S. service members that were lost during World War II. This is a humanitarian gesture by a government with whom we share so many values. The ability to return these heroes and the remains of these heroes to their loved ones is something that America deeply, deeply appreciates.
America's involvement in Asia has an important past, but it has an even more important future. India is at the crossroads of Asia. It is at the crossroads of a new global economy, and it is at the crossroads of regional security. We, the United States, will stand with India at those crossroads.
I began my trip across the Asia-Pacific region eight days ago. Along the way, I have laid out how the United States military plans to rebalance towards this region. As I come to the end of my trip, I'm struck by the opportunities for closer cooperation, the strong support throughout this region for the rebalance, and the hope that this cooperation can help forge an even brighter future for this region and for the world.
The United States and India have built a strong foundation for defense cooperation in this new century. My country is committed to an even greater role in the Asia-Pacific, extending all the way to the Indian Ocean, and our attention and resources will advance partnerships throughout the region, including in particular a partnership with India.
Our two nations -- our two nations may not agree on the solution to every challenge that faces us. And we both face the challenge of political gridlock at home that sometimes prohibits advancing our broader strategic objectives. But I am sure that we will continue to draw closer -- closer together because we do share the same values, because the same challenges and threats confront both of our countries, and we share the same vision of a just and stable and peaceful regional order.
Our people, our businesses, our militaries and our governments will all be partners in this effort to serve the dream that guides both of our great democracies, the dream of building a better and more prosperous future for our children. Together as partners, we will help one another realize this great dream of the 21st century. Thank you. (Applause.)
MODERATOR: Thank you, Secretary Panetta, for a very lucid statement. You have very comprehensively covered almost every area and subject of great interest to us -- (inaudible). I think -- I think I have not heard such a clear enunciation of policy and -- (inaudible) -- in a long time.
I wanted to ask you if you would be willing to take a few questions, and in the interest of proper management of time, which is going to be very difficult, I would request, friends, to be to the point, and I know most of you, but it would help if you would please identify yourselves before you ask the questions. And pointed questions will be most welcome. Comments, if any, might be of interest also.
So may I request the gentlemen -- (inaudible) to go first.
Q: Mr. Secretary, I congratulate you for a most illuminating -- (inaudible). The first point I have, 60 percent of your warships are being moved into the Pacific. Is that enough? Warships can't operate on their own. I presume that you are moving ground forces, amphibious forces; we have not heard about that. But warships can't be all alone; they need ground backing.
Secondly is command and control. With the center of gravity moving to the Western Pacific, would Hawaii be a suitable place for command and control? In World War II, you remember MacArthur operated from Australia. So as the center of gravity is shifting to the western seaboard of the Pacific, I hope you are taking that into control -- into consideration. The -- otherwise you need amphibious forces. No word on that. I see a Marine Corps general here. Presumably the Marines will do that.
(Off mic.) (Laughter.)
Q: I worked with them in World War II. They're great guys. I -- the other thing is, better interaction is now required between the U.S.A. and India. There has not been enough of it. We should work closely together. We have common interests. I'm not really going into details; other people want to speak. But I will just finish with a quotation from George Canning. Do you remember George Canning? The Monroe Doctrine? (Laughter.) He said: I called a new world into existence to redress the balance of the old. Surely that is what is required now. Thank you.
SEC. PANETTA: Thank you. Thank you very much for your questions and for that last statement, which I think is very appropriate to the moment.
Q: Monroe doctrine was really George Canning.
SEC. PANETTA: I know.
With regards to the rebalancing issue, to the Pacific, we will -- as we transition, as I stated the other day, we will move to a 60/40 balance in the Pacific, and I listed the ships that would be involved in that transition. At the same time, we will not only maintain a significant ground force in the Pacific -- we have a large number of forces in the Pacific at the present time, most of them located in Korea. We have a presence elsewhere. And our hope is to expand what we have termed a rotational presence throughout the Pacific. The Marines are locating in a rotational process in Australia. We've already located some there. They'll -- that will continue to expand. We're exploring the rotational -- a rotational presence in the Philippines as well as elsewhere. In Okinawa, where we just arrived, in an agreement with the Japanese, we will continue to maintain a presence there, but we are moving those troops as well, these are Marines, to Guam. And we will establish a larger presence in Guam.
So part and parcel of our focus on the Pacific will involve obviously the kind of forces that you identify, to ensure that we have ground forces in place to be able to enhance that capability.
With regards to command and control, our view is that the present PACOM, which operates out of Hawaii, provides the kind of joint force capability that is going to be very important for the Pacific. Admiral Sam Locklear -- who incidentally commanded the effort in Libya which required a very significant coordination capability. A number of nations were involved in that effort, and he was remarkable at the way that coordinated effort became successful in returning Libya to the Libyan people. He brings that same capability to the Pacific.
We have -- we believe in joint forces. We will have a significant Air Force as well as Army and Marine Corps and Navy presence in this region. But more importantly, he also believes very strongly in working with other countries to improve their capabilities, and that's one of the things that I want to point out to all of you that we are not -- we are not in the process of doing what we did in the Cold War of establishing permanent bases from which we can project our power. Our approach here is to work with the countries in the region to develop their capabilities so that they can play a larger role in helping to secure and defend their countries in this region. We think that is a better way to promote peace and prosperity and security in the region.
So I think the headquarters at PACOM is very efficient and effective at being able to take charge of this rebalancing effort. And again, with regards to amphibious forces, we do have a significant number of Marines in the region, and we will continue to maintain those.
MODERATOR: Going back to World War II and earlier makes me recall that today, the sixth day of June, that as we discuss this, I think the light forces that were in the process establishing a foothold on the beaches of Normandy -- so that's about the quality of sacrifice (inaudible) at this moment.
MR. : (Inaudible.)
Q: Secretary Panetta and Maresh -- (inaudible) -- I cover strategic affairs for Business Times (inaudible) It's one of our -- (inaudible) -- news -- (inaudible). And you would be aware that not everyone in India will -- (inaudible) -- support the India and U.S. developing relationship, and their hands get strengthened every time there's some apparent friction between the two sides.
Now given that the United States has made an arms and defense cooperation one of the tenets and one of the pillars of the relationship, it appears to be a bit surprising that on this ongoing -- on the ongoing FMS sale of Javelin missiles, the United States has cut down India's request to just half. I don't want to get into individual arms deals, but this seems to be a contradiction of the United States' statement that it wants to work with India. Could you tell us something about why this was done, especially given that the Javelin is essentially a defensive -- (inaudible)?
SEC. PANETTA: Yeah, no, I'm -- I'd be pleased to address that issue because it's just not true. We have not cut the sale in half; I don't know where the hell that story came from, but we get used to those stories appearing every now and then in the press. But I want to assure you that we're committed to a full sale of the Javelin to India. And we are -- we are working very closely with India not only on that sale, but on other sales as well to try to improve their capabilities. So I want you to know that, you know, I recognize, as I said in my statement, that as we provide these new technologies that oftentimes we run into the barriers of various laws that have been passed either by our Congress or your congress and that sometimes provide bureaucratic barriers to trying to complete these sales.
What my goal is -- in appointing my deputy's -- my deputy secretary to oversee this effort is to try and develop a broader strategy if we can: What is it that India needs? What is it that we can be helpful on and therefore be more effective in trying to reduce the barriers and improve the efficiency in those sales? So that -- that's the approach that I'm hoping to take, and I think it will benefit not only your country but our country as well.
MODERATOR: (Inaudible.)
Q: (Inaudible) -- Secretary Panetta, I am a graduate of Fort Leavenworth of the bicentennial era and thank you for those very kind words and for words that encourage strengthening of India-U.S. defense relationship. You've spoken extensively about Asia-Pacific, and during your presentation, you mentioned about your conversations with our leadership on Afghanistan.
I want to ask you a question about Afghanistan. Firstly, what is the U.S title -- the new -- (inaudible) -- about Afghanistan good enough as a policy? Because we are not clear what that means.
Secondly, I do believe that the United States as part of this defense cooperation, they seek more intensive Indian efforts inside Afghanistan on what India can do on security cooperation with the Afghan national security forces or in other areas. Did you, in your conversations with the ministry of defense or other -- the defense minister or the national security adviser, make any specific requests other than what is in the ambit of the India-Afghanistan strategic partnership that you would like Indians to do in Afghanistan for a post-2014 scenario?
Thank you, Secretary.
SEC. PANETTA: Thank you very much for the question. My goal -- the United States' goal in Afghanistan is to complete the mission. This isn't about good enough; this is about completing the mission. And what the mission is, is to have an Afghanistan that can secure and govern itself. That's what our mission is about, so that Afghanistan never again becomes a safe haven for terrorism and for those that would attack not only our country, but other countries as well.
So the fundamental mission that we are embarked on is the mission of establishing an Afghanistan that can secure and govern itself, obviously be sovereign, be independent, but more importantly, be stable in its ability to be able to proceed and join the family of nations in this region.
That's our goal. We think we are on the way to accomplishing that mission. General Allen has laid out a plan for transition. I believe 2011 was a turning point in the Afghan war. We weakened the Taliban significantly. The levels of violence went down. They continue to be down. Even though we are seeing efforts at trying to increase their attacks, the level of violence still remains down. We have seen an improvement in the operations of the Afghan army and police. There are roughly about 346,000 in the Afghan army. Our goal is to achieve a number of 352,000 and to be able to use the Afghan army in the transition process.
We are also proceeding with the transition of key areas in Afghanistan to their control and to their governance. As we speak, 50 percent of the Afghan population has been transitioned into Afghan security and control. We announced -- President Karzai announced -- a third tranche of areas, to be completed, hopefully, by the end of the summer. When we do that, 75 percent of the Afghan population will be under their security and control.
So we are proceeding on a very effective plan that General Allen has laid out and has now been endorsed by the 50 nations of ISAF (International Security Assistance Force). Both NATO and our partners in Chicago are committed to that transition towards -- and drawdown -- towards the end of 2014.
In addition, we are -- we have signed a strategic partnership agreement with Afghanistan that will have us maintaining an enduring presence in Afghanistan. We will continue beyond 2014. We will continue working on counterterrorism, we'll continue to provide training and assistance to their forces, and we will continue to provide support. That's a commitment that the president has made and that we have made clear we will maintain in Afghanistan.
What I asked of the leaders here is that they continue to provide the training that they are providing now. My understanding is that the training takes place here in India for the -- those that are brought here. What I urged is that they continue to do that, if possible expand that training in order to improve the efficiency of the Afghan army. There was nothing said about doing anything in terms of additional military efforts in Afghanistan itself.
MODERATOR: (Inaudible.)
Q: (Inaudible.) And my question also pertains to Afghanistan and what you have said -- (inaudible). Number one, you have many of us sitting here in this room today who do not share your feelings about NATO and ISAF forces for the ability of the Afghan national security forces to take over independent charge of security in Afghanistan after the departure of NATO and ISAF in 2014 so as to prevent the Taliban from taking over the country once again. Is there a plan B in place already? And what are your views on the regional peacekeeping and stabilization force but as under the U.S. plan? Thank you.
SEC. PANETTA: No, as always when these things -- when these efforts begin, there are -- there were questions raised about the capability of the Afghans to be able to develop an effective armed forces and an effective police force to maintain security.
I should say the same questions were raised in Iraq, and a large question's about whether or not they would be able to develop their capabilities. They did. The reason that we were able to withdraw from Iraq is because Iraq was able to secure and defend itself and govern itself.
Is there -- are there -- are there going to be bumps in the road? I - as a democracy, you bet. But that's the nature of democracy. India goes through bumps in the road. The United States goes through bumps in the road. And the fact is that we have established a democracy, a governing system there in which they can defend and secure themselves. That's our mission. That's true in Afghanistan as well.
And what I saw happening in 2011 was that the Afghan army has indeed developed the capability to engage with our forces in operations and to maintain stability in those areas that they're involved with in terms of securing. When the bombing attacks took place in Kabul, the army and the police were very effective at securing Kabul as a result -- (inaudible). We've seen that happen now in the southern part of Afghanistan. We've seen it happen in the other areas that we've transitioned. The Afghan army is taking control, and they are taking the battle to the enemy. That's the important point.
So, we don't have a plan B because we don't think we need a plan B. This is about plan A, which is to give the Afghans the capability to govern and secure themselves. And so our goal will be to continue to train and support and assist the Afghan army so that they will be a permanent force that can protect that country in the future. And the fact that we will be there past 2014 is additional insurance to assure that they continue to train and develop as they must in order to maintain a stable Afghanistan. I honestly believe that they are developing the capabilities they need in order to do the job.
MODERATOR: (Inaudible.)
Q: Sir, two questions. Every time you have a drone attack in Pakistan, or when you kill Osama, the Pakistanis come to you charging that violating their sovereignty. How do you counter that? It's one of their terrorist (inaudible) sanctuaries.
Second on the aircraft carriers. You've been quoted as saying that you will be stationing about six aircraft carriers, six or about seven in Asia Pacific region, which actually means that your entire carrier force will be committed to India, oh sorry, the Asia Pacific region because -- (inaudible) -- to go back for replenishment and the other -- (inaudible). You have always been wanting some foothold in the Indian Ocean. (Inaudible) I remember in 1980 I'd gone to Sri Lanka and I heard that you were looking for a justification -- (inaudible). I reported that and of course Mrs. Gandhi opposed it very strongly. (Inaudible) -- in the region would still oppose that, and also probably in the same circumstances might.
It is reported here on one of the TV stations here that Bangladesh -- (inaudible). Can you just kindly elaborate how would you deploy, how long? Thank you.
SEC. PANETTA: Sure.
Q: I would also mention that you deployed three aircraft carriers off Pakistan during operation Osama -- (inaudible) – did Pakistanis in some way not interfere with your operation at that time?
SEC. PANETTA: They didn't know about our operation. (Laughter.) That was the whole idea. (Laughter.)
With regards to the aircraft carriers first, we have 11 aircraft carriers in our fleet. And we will maintain 11 aircraft carriers. The carriers -- when we say that 60 percent will move to the region, that means that some of them are going to be based on the Pacific. So they'll be ported. They're not all going to be floating around the Pacific. They're going to be in ports on the Pacific side, probably along the West Coast as well as, obviously, Hawaii, and the other bases in Japan that we currently use. So we're not looking for additional bases.
Q: Also Diego Garcia?
SEC. PANETTA: Pardon me?
Q: Also Diego Garcia?
SEC. PANETTA: That's correct. I mean, those -- the ones we use now are going to supply for the force that we need to maintain here, but we are moving them into the Pacific and porting them on the Pacific side so that if we need to deploy them, they'll be there for that purpose.
With regards to the drones, again without getting into operational details on that, look, this is about our sovereignty as well, because there were a group of individuals who attacked the United States on 9/11 and killed 3,000 of our citizens. And we went to war against those who attacked the United States of America.
The leadership of those that were involved in planning this attack are located in Pakistan, in the FATA (Federally Administered Tribal Areas). And we have made clear to the Pakistanis that the United States of America is going to defend ourselves against those that would attack us. And we have done just that. We have gone after their leadership, and we have done it effectively, targeting at -- targeting al-Qaida leadership and terrorists. And very frankly, the terrorists who threaten the United States threaten Pakistan, as well. This is not just about protecting the United States; it's also about protecting Pakistan. And we have made very clear that we are going to continue to defend ourselves.
Q: (Inaudible.) You spoke about the American planes that went out during World War II -- (inaudible). You brought this up with prime minister. Can you tell us exactly what you told the prime minister, what the reaction was?
As far as another issue is concerned, you said that you will stand by India -- (inaudible). What happens to these three agreements that you are looking at -- (inaudible)? Did they come up during the discussions, and what was the Indian reaction? Also, did you mention the evaluation to Mr. Antony today when you met?
SEC. PANETTA: First of all, on the 400 pilots, the prime minister was very moving and -- in the discussion, because I think he understands how important it is to be able to do what we can to return the remains of those that we are able to find, for their families.
We always -- we have a pledge in the military that we leave nobody behind. And for that reason, we do try to seek the remains of those that were lost in combat. And I must say that India has been very cooperative in that effort. We deeply appreciate their cooperation as we try to determine whether or not those -- we can find those remains.
With regards to -- no, we did not -- we did not discuss the agreements. I know that my predecessor had raised the issue of the -- with the agreements. Frankly, my view is that, look, we can continue discussions in those areas.
But I believe we have a strong relationship. We have good cooperation. I think we can continue to move towards the goals that I outlined in my speech; that even though we might -- you know, we might not always agree with regards to the specific agreements that we're discussing, I don't -- I don't see those as barriers to improving our relationship with India.
A last point -- I'm sorry. What was the last point?
Q: Haqqani.
SEC. PANETTA: On the Haqqanis. Yes, I did discuss this with the -- with the Indian leadership. Look, Afghanistan -- the effort to succeed in Afghanistan in many ways is dependent on our ability to eliminate the safe haven in Pakistan. We can't have a stable Afghanistan if we don't have a stable Pakistan that is dealing with the threats that come across the border.
And the principal threat that we're confronting right now are the Haqqanis. The Haqqanis were involved in some recent attacks on our forces. And that raises great concern that -- we cannot allow those who simply come across the border, attack our -- attack and kill people on our side of the border, to attack our troops, and then escape back into a safe haven -- and so we have urged and we will continue to urge Pakistan to take steps to deal with that safe haven in order to prevent that from happening.
This -- the ability to achieve the kind of Afghanistan that we want -- one that can secure and govern itself for the future -- it is going to be in large measure dependent on a Pakistan that is able to confront terrorism within their own borders. That's an important issue that has to be confronted by Pakistan.
MODERATOR: (Off mic.)
Q: (Inaudible) Just two quick questions. One is about the -- (inaudible) -- relations between the U.S. and India, how are they going to impact on China -- (inaudible) -- amazing relationship that -- (inaudible)? Do you think that that -- (inaudible) – have adverse reaction?
And secondly, on Pakistan and U.S. relations -- (inaudible) -- seem to have sort of dipped quite a bit over the last few weeks and months and years. So is that going to impact on your pullout from Afghanistan and your fight against terrorism in the region?
SEC. PANETTA: On the first point, I believe, in the discussions that I've had here, that I think both India and certainly the United States recognize that it is in our interest to develop a cooperative relationship with China.
I'm in the process of trying to strengthen our military-to-military relationship with China. I met with Vice President Xi in Washington and then met with General Liang and discussed ways to try to improve our military-to-military relationship.
I believe that it is important that we have strong lines of communication and that we improve the transparency between our countries with regards to what we're seeking to achieve. I mean, I believe that it is in China's interest -- in China's interest to be able to have a region that is secure and prosperous and peaceful.
Now China faces the same threats that we all face in this region. They face the threat of terrorism. They face the threat of piracy. They face the threat of humanitarian and disaster needs that have to be met. They face the threat that if we don't have free trade in this region, it could impact on everyone's economies. The ability to use our sea-lanes, the ability to protect maritime rights on our oceans are something that is extremely important to all nations in this region. And we also face the threat of, frankly, nuclear proliferation from an unstable North Korea -- that's something that is as much a threat to China as it is to others in this region -- and the proliferation of weapons of mass destruction.
All of these things are common threats. They're not -- they're not just threats to the United States. They're not just threats to India. They're not just threats to other countries -- Philippines, Indonesia. They're threats to all of the countries in this region. And it's for that reason that we all have to work together in developing a cooperative relationship and developing the capabilities of these countries so that we can all confront these issues -- so that we can all confront these issues.
So my goal is to do what I can to improve our mil-to-mil relationship with China. I think India's goal is to try to improve that relationship as well with China. I think that's the healthy way to try to approach a better relationship between the powers in the Pacific.
You asked one other thing.
Q: (Inaudible) U.S., Pakistan.
SEC. PANETTA: Yes. No, it -- just as India views the relationship with Pakistan as complicated, so do we. (Laughter.) And it is. It's a -- it's a complicated relationship, oftentimes frustrating, oftentimes difficult. But at the same time, it is a necessary relationship.
India shares a border with Pakistan. It's important that you continue to try to make what progress you can in dealing with Pakistan in trying to resolve your differences. The same thing is true for the United States. We are fighting a war in the FATA. We are fighting a war against terrorism. We have -- I think what I try to stress with the Pakistanis is that terrorism is just as much a threat to their country as it is for ours. They have lost many lives in their country as a result of terrorist attacks.
They also happen to be a nuclear power, and it's extremely important that we maintain the relationship with them.
They had been cooperative oftentimes in the efforts that we've engaged with as far as what we've done in going after those that threaten our country. They, they have provided some cooperation. There are other times when, frankly, that cooperation is not there.
The United States cannot just walk away from that relationship. We have to continue to try to do what we can, to try to improve what -- you know, areas where we can find some mutual cooperation. We are now engaged in negotiations to try to see if we can open up the transit centers; it's an important area for us. We're engaging in negotiations with them to try to see if we can arrive at an agreement that would reopen those areas.
We've been going through the north right now. We have the northern transit center. It, you know, obviously meets our needs. It's a little more expensive because we do have to go farther in terms of the routes that we're involved with. We would prefer -- we don't prefer, we would -- we would like to have the additional transit centers through Pakistan as well.
So we'll continue to negotiate on that. We'll continue to discuss with them the drone operations. We'll continue to discuss with them other forms of assistance. Our goal is to try to do what we can to try to improve the relationship with them. That is not easy, but it is necessary that we continue that effort.
MODERATOR: (Inaudible) --
Q: Thank you --
MODERATOR: -- with the confusion, and I would like, I mean, to -- have patience and understanding if your turn doesn't come before -- (inaudible).
Is there some --
Q: Thank you, sir. Sir, I want to request your views on the timings which you have chosen to announce the change in your strategies, with more -- (inaudible) -- and force being deployed in the Asia-Pacific. Normally -- (inaudible) -- I'm sure it has been done because you realized after 10, 15 years a change in the strategic environment in the region while you have -- (inaudible) -- philosophy that you are developing stronger relationship with China and you hope to succeed. Actually, it doesn't appear to be so. Otherwise, why would you change the -- (inaudible) -- of your forces from the one side to the other?
And secondly, do you visualize or foresee in the coming years a greater cooperation between Russia and China, becoming again one superpower, or of several of the world organizations -- (inaudible) – America so that you are able to take action -- (inaudible) -- or is it because any other reason? Thank you, sir.
SEC. PANETTA: Thank you for that question.
Look, as I indicated, we are at a turning point after 10 years of war in the United States. It's been the longest continuous period that we've been at war.
And what we now see is that, you know, we have brought the mission in Iraq to a conclusion. We were in the process of hopefully being able to transition in Afghanistan. We certainly have impacted on terrorism. We have significantly impacted the leadership of al-Qaida. We had a strike yesterday that hit another deputy leader in al-Qaida. And as you know, we were successful at going after bin Laden. And we have impacted their ability to have command and control so that they can -- they cannot effectively put together a 9/11-type attack, because of our efforts. We were successful in the NATO effort in Libya. So we are in a period where after 10 years of war, you know, hopefully we are -- we are able to turn a corner here.
At the same time we are facing budget constrictions in the United States. We are running a high deficit and a high debt in the United States. And the Congress, in what was called the Budget Control Act, passed a number in defense savings of roughly $487 billion over 10 years that I was asked to reduce the defense budget by.
So faced – faced with a turning point, faced with the need to find additional savings, but also facing a world in which there are continuing threats -- we continue to face the threat of terrorism, not just in Pakistan but in Yemen and Somalia and North Africa. We continue to face the instability of North Korea and the potential for some kind of conflict with that country. We face the same thing with Iran. We face turmoil in the Middle East. We're facing cyberattacks now, which has become a whole new arena, a whole new battlefield for the future.
So you put all of that together, we are continuing to face some major threats in the world. And so my view was, faced with that, it was important for the United States to sit back and develop a strategy for what our defense strategy ought to be not just now, but into 2020 and beyond. And so that led us -- myself, the service leaders at the Pentagon, the undersecretaries, the president of the United States -- to sit down and develop the strategies that we felt were important in order to deal with the challenges we face in the future.
It's made up of five elements. The rebalancing is one of those, but there are five elements. Let me just summarize them. One, we know we are going to be a smaller force. We'll be a leaner force. But we have to be agile, we have to be deployable, we have to be flexible and we have to be on the cutting edge of technology. That's one.
Two, we felt it was important to focus on the two areas that represent the biggest problems that we are going to confront in the future. One is the Pacific -- Pacific region -- because of the threat from North Korea, because of other challenges that we think are going to be extremely important to our future prosperity and security; and secondly, the Middle East. The Middle East is a -- continues to be an area that we have to maintain a focus on. So those two major refocuses.
Three, we have to maintain a presence in the rest of the world as well. We can't just walk away from that. And so what we've developed is this innovative and, I think, very creative, approach to rotational presence, where we can send our forces in, do exercises, develop new partnerships, develop new alliances, work with the capabilities in those countries to develop their capabilities as well. We'll do that in Latin America; we'll do that in Africa; we'll do that in countries in this region; we'll do that in Europe.
In addition to that, we felt it was very important to have enough power so that we could confront more than one enemy at a time. For example, if we have a war in Korea and we face a threat in the Straits of Hormuz, we have to have the ability to address both of those and to win. And we think we have projected a sufficient force to do that.
And lastly, we thought it was important to invest, not just to cut back, but to invest in areas for the future. We need to invest in cyber. We need to invest in space. We need to invest in unmanned systems. We need to invest in special forces. And we need to invest in the capability to mobilize if we have to, if we are facing a crisis.
All of those elements I just described are part of the strategy that we've developed for the 21st century.
MODERATOR: I'm told we have completely run out of time, so I regret -- (inaudible) -- those who were very anxious -- (inaudible). But I want to thank you -- (inaudible).
SECRETARY OF DEFENSE PANETTA ADDRESSES TROOPS IN AFGHANISTAN
FROM: U.S. DEPARTMENT OF DEFENSE
Presenter: Secretary of Defense Leon E. Panetta June 07, 2012
Remarks by Secretary Panetta to International Security Assistance Force Joint Command (IJC) Troops in Afghanistan
SECRETARY LEON PANETTA: Good to be with you. This is -- this is my fourth trip to Afghanistan as secretary of defense. And as always, the greatest -- the greatest thing that I experience in this job as defense secretary is the chance to be able to go out and to see the men and women in uniform that serve our country. You guys are the best. And I want to thank you.
On behalf of the American people, I want to thank you for your service and for your sacrifice. You've done everything that your country has asked you to do. And the result is, frankly, that after 10 years of war, you know, we are at a turning point. And it's because there have been those that have been willing to put their lives on the line. That's been the key to our ability to move forward, to bring the mission in Iraq to an end and to now, hopefully, be able to accomplish the mission here in Afghanistan as well.
One thing that I've seen is that because of the great leadership here -- General Allen, Ambassador Crocker, all of the fine commanders that are here and all of you -- we put a very good plan into place to try to accomplish this mission. And you know, we -- we've been able to put what was a difficult and, in some ways, impossible challenge -- we've been able to put this country in the right direction.
The reality is we have weakened the Taliban. There's an uptick obviously, as we all expected, but the level of violence still remains down from the past. The reason for that is that we've taken the battle to them. And that's what you have to do. And you've done that. We've been able to get the Afghan security force to engage, to be a part of the operations, to assume responsibility for security and to be able to provide what is absolutely important for this country: a force that can help secure this country.
We've been able to transition areas to Afghan security and control. We now have 50 percent of their population under their security and control, and the next tranche of areas is going to have about 75 percent of their population under Afghan security control. So we're headed in the right direction, and it's because of great leadership, but more importantly it's because of you and what you've been willing to do on behalf of our country.
I know this is not -- this is still not going to be an easy fight. We still have a lot of challenges to confront. We've got a resilient enemy that's going to try to use any tactic they can to come at us. We're also dealing with a safe haven in which Haqqani forces can move across that border and then go back into their safe havens. And very frankly, we have every responsibility to defend ourselves. And we are going to make very clear that we are prepared to take them on. And we've got to put pressure on Pakistan to take them on as well.
What happened the other day in Salerno is an indication that they're going to continue to try to come at us. Let me be very clear, they're -- anybody who attacks U.S. soldiers is our enemy, and we're not going to take it. We have got to be able to defend ourselves. What you're -- you've been doing, you take the battle to them, and that's what counts. And we've got to make sure that we continue to put pressure to move this effort forward so that we accomplish the mission here.
Now the mission is an Afghanistan that can secure and govern itself so that the Taliban and terrorists and al-Qaida never again can establish a safe haven here from which to attack our country. And let me be very clear with all of you. You know, it's -- I know, you know, there's a lot of sacrifice and service that's involved here. This is not just about Afghanistan. This is about protecting the American people, protecting those we love so that they are never again attacked by a terrorist enemy that would go after our country. We sent a very clear message: Nobody attacks America and gets away with it. Nobody attacks America and gets away with it.
And because of you, because of what you've been willing to do, because of your service, because of your sacrifice and because, frankly, of the sacrifice of your families that have provided the necessary support for all of you to be able to do what you do, that is our great strength. I'm very proud of our military. We have the strongest military in the world. I've got -- we've got great weapons. We've got great technology. We've got great services. We've got great capabilities. But the strength of the United States military are the men and women in uniform that are willing to serve our country. That's our great strength, and that's what makes us the strongest military power in the world.
Everywhere I've gone this trip -- and I've gone to a lot of interesting places; I went to Singapore to talk to the -- the conference there, the Shangri-La Dialogue, to talk about our strategy for what we're doing and where we intend to go in the 21st century. I went to Vietnam, was in Cam Ranh Bay in Vietnam -- first secretary of defense to go into Cam Rank Bay since the war -- sit down with the Vietnamese and talk about an effort to see if we can move forward together, develop their capabilities. I just was in India talking about the same issue. Everywhere I go, I have to tell you, there is tremendous respect for United States military because of our ability to get the job done. We keep our focus, we keep our eye on the -- on the objective and we get it done.
And so I just want to say thank you. Thank you for what you're willing to do. I thank your families for what they're willing to do. I've told you what this fundamental mission is all about. It's about not just giving Afghanistan the opportunity to have a better life for their children, it is about making sure that we give our children a better life for the future. So thank you for your service, thank you for your sacrifice. God bless you for what you're doing. Thank you.
LOBBYIST INDICTED FOR UNLAWFUL CAMPAIGN CONTRIBUTIONS AND MAKING FALSE STATEMENTS
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, June 6, 2012
Nevada Lobbyist Harvey Whittemore Indicted for Making Unlawful Campaign Contributions and Lying to Investigators
WASHINGTON – Nevada lobbyist and lawyer Harvey Whittemore was indicted today in the District of Nevada by a federal grand jury on charges that he made unlawful campaign contributions to an elected member of Congress, caused false statements to be made to the Federal Election Commission (FEC) and lied to the FBI, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and Daniel G. Bogden, U.S. Attorney for the District of Nevada.
F. Harvey Whittemore, 55, of Reno, Nevada, was charged with one count of making excessive campaign contributions, one count of making contributions in the name of others and two counts of making a false statement to a federal agency. Whittemore is scheduled to appear before a U.S. Magistrate Judge in Reno, Nevada, on June 7, 2012, at 3:00 p.m. PDT for arraignment. If convicted, Whittemore faces up to five years in prison and a $250,000 fine on each count.
“Mr. Whittemore allegedly used his family members and employees as conduits to make illegal contributions to the campaign committee of an elected member of Congress,” said Assistant Attorney General Breuer. “Furthermore, according to today’s indictment, he attempted to conceal his crimes by lying to the FBI. Our campaign finance laws establish maximum limits on individual contributions, and failure to adhere to those rules jeopardizes the integrity of our elections. We will continue to pursue those who engage in such conduct.”
“We remain committed to investigating and prosecuting illegal behavior that jeopardizes the integrity of our elections and corrupts our political process,” said U.S. Attorney Bogden. “Campaign finance laws exist to protect that process and criminal violations of those laws will be vigorously prosecuted by this office.”
Under federal law, it is illegal to contribute to a federal political campaign using a conduit in order to hide the identity of the true contributor. Federal law also sets limits on the amount that an individual can contribute to a campaign. In 2007, the maximum individual contribution was $2,300 for a primary election and $2,300 for a general election; thus, the maximum for one candidate was $4,600.
The indictment states that Whittemore was the chief executive of Company A. On about Feb. 21, 2007, Whittemore allegedly met with an elected member of Congress (identified in the indictment as Federal Elected Official 1), and agreed to try to collect $150,000 in contributions for the elected official’s campaign committee by March 31, 2007, which marked the end of a legally required quarterly reporting period. Aware of the strict limits on individual federal campaign contributions, Whittemore allegedly devised a scheme and plan whereby he used family members, employees of Company A, and their respective spouses, as prohibited conduits through which to funnel his own money to the federal elected official’s campaign committee under the guise of lawful campaign contributions. This scheme allowed Whittemore to make an individual campaign donation to the federal elected official in excess of the limits established by federal law. Whittemore allegedly concealed the scheme from the FEC, the elected official and the elected official’s campaign committee.
In March 2007, Whittemore allegedly solicited the employees, family members and their respective spouses to make the maximum campaign donations to the federal elected official and reimbursed the contributors with personal checks and wire transfers. The indictment alleges that Whittemore attempted to conceal some of the reimbursements he made to the contributors by telling the employees that they were bonuses. Whittemore also allegedly paid the contributors additional money on top of the reimbursements. If a conduit contributed $4,600, Whittemore reimbursed the individual $5,000; likewise if a couple contributed $9,200, he paid the couple $10,000.
On about March 28, 2007, Whittemore allegedly caused a Company A employee to transmit $138,000 in contributions to the federal elected official’s campaign committee, the vast majority of which were conduit contributions that Whittemore had personally funded in order to satisfy his pledge to the federal elected official. On April 15, 2007, the campaign committee then unknowingly filed false reports with the FEC stating that the conduits had made the contributions, when in fact, Whittemore had made them.
On about Feb. 9, 2012, Whittemore allegedly made false statements during an interview with FBI agents by claiming that he never made a request for campaign contributions; never asked employees of company A to contribute to the elected official’s campaign; never provided payments to anyone with the expectation that they would serve as reimbursements for campaign contributions; never spoke to any candidate about raising money for the candidate; and never gave money to family members to make political contributions.
The case is being investigated by the FBI and is being prosecuted by First Assistant U.S. Attorney Steven W. Myhre, Assistant U.S. Attorney Sue Fahami and Trial Attorney Eric G. Olshan of the Public Integrity Section in the Justice Department’s Criminal Division.
An indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Wednesday, June 6, 2012
Nevada Lobbyist Harvey Whittemore Indicted for Making Unlawful Campaign Contributions and Lying to Investigators
WASHINGTON – Nevada lobbyist and lawyer Harvey Whittemore was indicted today in the District of Nevada by a federal grand jury on charges that he made unlawful campaign contributions to an elected member of Congress, caused false statements to be made to the Federal Election Commission (FEC) and lied to the FBI, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and Daniel G. Bogden, U.S. Attorney for the District of Nevada.
F. Harvey Whittemore, 55, of Reno, Nevada, was charged with one count of making excessive campaign contributions, one count of making contributions in the name of others and two counts of making a false statement to a federal agency. Whittemore is scheduled to appear before a U.S. Magistrate Judge in Reno, Nevada, on June 7, 2012, at 3:00 p.m. PDT for arraignment. If convicted, Whittemore faces up to five years in prison and a $250,000 fine on each count.
“Mr. Whittemore allegedly used his family members and employees as conduits to make illegal contributions to the campaign committee of an elected member of Congress,” said Assistant Attorney General Breuer. “Furthermore, according to today’s indictment, he attempted to conceal his crimes by lying to the FBI. Our campaign finance laws establish maximum limits on individual contributions, and failure to adhere to those rules jeopardizes the integrity of our elections. We will continue to pursue those who engage in such conduct.”
“We remain committed to investigating and prosecuting illegal behavior that jeopardizes the integrity of our elections and corrupts our political process,” said U.S. Attorney Bogden. “Campaign finance laws exist to protect that process and criminal violations of those laws will be vigorously prosecuted by this office.”
Under federal law, it is illegal to contribute to a federal political campaign using a conduit in order to hide the identity of the true contributor. Federal law also sets limits on the amount that an individual can contribute to a campaign. In 2007, the maximum individual contribution was $2,300 for a primary election and $2,300 for a general election; thus, the maximum for one candidate was $4,600.
The indictment states that Whittemore was the chief executive of Company A. On about Feb. 21, 2007, Whittemore allegedly met with an elected member of Congress (identified in the indictment as Federal Elected Official 1), and agreed to try to collect $150,000 in contributions for the elected official’s campaign committee by March 31, 2007, which marked the end of a legally required quarterly reporting period. Aware of the strict limits on individual federal campaign contributions, Whittemore allegedly devised a scheme and plan whereby he used family members, employees of Company A, and their respective spouses, as prohibited conduits through which to funnel his own money to the federal elected official’s campaign committee under the guise of lawful campaign contributions. This scheme allowed Whittemore to make an individual campaign donation to the federal elected official in excess of the limits established by federal law. Whittemore allegedly concealed the scheme from the FEC, the elected official and the elected official’s campaign committee.
In March 2007, Whittemore allegedly solicited the employees, family members and their respective spouses to make the maximum campaign donations to the federal elected official and reimbursed the contributors with personal checks and wire transfers. The indictment alleges that Whittemore attempted to conceal some of the reimbursements he made to the contributors by telling the employees that they were bonuses. Whittemore also allegedly paid the contributors additional money on top of the reimbursements. If a conduit contributed $4,600, Whittemore reimbursed the individual $5,000; likewise if a couple contributed $9,200, he paid the couple $10,000.
On about March 28, 2007, Whittemore allegedly caused a Company A employee to transmit $138,000 in contributions to the federal elected official’s campaign committee, the vast majority of which were conduit contributions that Whittemore had personally funded in order to satisfy his pledge to the federal elected official. On April 15, 2007, the campaign committee then unknowingly filed false reports with the FEC stating that the conduits had made the contributions, when in fact, Whittemore had made them.
On about Feb. 9, 2012, Whittemore allegedly made false statements during an interview with FBI agents by claiming that he never made a request for campaign contributions; never asked employees of company A to contribute to the elected official’s campaign; never provided payments to anyone with the expectation that they would serve as reimbursements for campaign contributions; never spoke to any candidate about raising money for the candidate; and never gave money to family members to make political contributions.
The case is being investigated by the FBI and is being prosecuted by First Assistant U.S. Attorney Steven W. Myhre, Assistant U.S. Attorney Sue Fahami and Trial Attorney Eric G. Olshan of the Public Integrity Section in the Justice Department’s Criminal Division.
An indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
U.S. PARTICIPATION IN NINE-COUNTRY BILATERAL EXERCISE
FROM: U.S. NAVY
The Indonesian navy Sigma-class corvette KRI Sultan Iskandar Muda (SIM 367), left, is underway alongside the guided-missile frigate USS Vandergrift (FFG 48) during a replenishment approach exercise in the U.S. 7th Fleet area of responsibility. Vandergrift is underway participating in the at-sea phase of Cooperation Afloat Readiness and Training (CARAT) 2012 Indonesia. CARAT 2012 is a nine-country, bilateral exercise between the United States and Bangladesh, Brunei, Cambodia, Indonesia, Malaysia, Singapore, the Philippines, Thailand, and Timor Leste and is designed to enhance maritime security skills and operational cohesiveness among participating forces. U.S. Navy photo by Mass Communication Specialist 3rd Class Gregory A. Harden II (Released) 120605-N-HI414-170
STATE DEPARTMENT ASSISTANT SEC. RICHARD'S REPORT REGARDING DISPLACEMENT AND MIGRATION
FROM: U.S. DEPARTMENT OF STATE
Assistant Secretary Richard meets with the Iraqi Minister of Displacement and Migration at the U.S. Embassy in Baghdad.
My Recent Trip to Geneva, Iraq, and Jordan
Bureau of Population, Refugees, and Migration
June 6, 2012
Dear colleagues and friends,
I write to share with you a description of my first trip as Assistant Secretary. First stop was Geneva to participate in an international conference on Afghan refugees and to meet senior leaders of the organizations that PRM supports – UNHCR, the International Committee of the Red Cross, and the International Organization for Migration. Next stop was the Middle East to focus on Iraqi refugees and internally displaced persons (IDPs), Palestinian refugees, and Syrians fleeing violence in their country. In both Iraq and Jordan, I met an interesting cross-section of their societies – from poor families to senior Government officials to a member of the royal family in Jordan. I was accompanied throughout by PRM staff assistant Lauren Diekman and DAS Kelly Clements joined us for the Middle East portion of the trip.
Geneva: In Geneva, government participants (including government ministers from Afghanistan, Pakistan, and Iran) in the UNHCR-organized conference endorsed a regional, multi-year strategy to help refugees from Afghanistan. Delegates from more than 40 countries pledged to support voluntary repatriation of refugees, efforts to reintegrate returnees into Afghan society and assistance to host countries. The conference concluded with the adoption of a Communiqué that welcomes and supports the strategy. I delivered remarks – pledging the United States to “remain committed to assisting refugees, refugee returnees, and contributing to Afghanistan’s inclusive national development plan.”
Baghdad: The visit to Iraq focused on encouraging the Government of Iraq to lead in providing help to its displaced citizens. Support for female-headed households is a priority of our programs. I met with a small group of women – nearly all widows – who were displaced from their homes and now live in a squatter settlement on the outskirts of Baghdad. They expressed appreciation for the assistance they had received from UNHCR, but still face extreme poverty. They have very little income and do not get all the benefits to which they are entitled because the government does not recognize them as lawful residents of their neighborhood. Only local officials can register them so that they qualify for help.
Their concerns were front and center in subsequent meetings, and I raised their need for registration with both the Minister for Displacement and Migration and Iraq’s National Coordinator for Displacement. I also welcomed increased Government of Iraq support for aid to returning Iraqis and for allowing the displaced to integrate into the communities where they currently reside.
I also appreciated the challenges American colleagues at the Embassy face daily. While security is improving, these diplomats spend most of their time on the Embassy compound and from time to time duck into bomb shelters to protect themselves from incoming explosives launched by insurgents. All of us want to see Iraq become a stable, peaceful, functioning democracy and the U.S. Embassy is at the forefront of American efforts to help the Iraqis achieve that goal.
Jordan: We traveled north to the border and spoke with refugees who had fled unrest and violence in Syria. Thanks to Jordan’s humanitarian spirit, the border remains open, but Syrian forces have attacked people trying to flee to safety along footpaths that lead out of the country. One man I met had survived being shot in the leg. Several families told me of leaving relatives behind. Others were concerned about getting medical care for ill spouses or children, and had made the dangerous crossing for that purpose. They had fled, one said, with only the clothes on their backs. When I asked where they came from, several said the city of Homs and one boy wore a shirt with the insignia of the local soccer team there. With PRM support, UN Agencies and local humanitarian partners are providing food, medical care, supplies and other basics in cooperation with the government of Jordan.
Amman: In Amman, I visited a busy Ministry of Health clinic, which benefits from PRM funding to ensure access to health care for Iraqi refugees. While touring the hospital, we also spoke to patients who had arrived recently from Syria. At another stop in Amman, we saw a facility that helps Iraqi refugees find employment and cope with myriad other problems that come from living as a refugee.
In several meetings with senior Government officials, we discussed issues related to the Syria crisis, support for Iraqi refugees, and international support for Palestinian refugees and the UN agency providing essential services to them – the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). In every meeting I expressed gratitude for the generosity of the Jordanian people and acknowledged the burden and expense of hosting so many refugees. We also discussed our hopes for peace in Syria so that the tide of those fleeing violence could reverse.
Later we highlighted the humanitarian commitment of the U.S. Government by briefing reporters from both the international wire services and local media during a lively press roundtable. In telling them about the trip, we used the opportunity to discuss the $40 million in aid (as of mid-May) that the US Government was providing to displaced Syrians, including those in Jordan. Subsequently, that amount was increased to just over $52 million this fiscal year.
Refugee Admissions to the US: In both Iraq and Jordan, I carved out time to visit the resettlement support centers (RSCs) PRM funds as part of the program to admit refugees to the United States. In Baghdad, PRM’s unique in-country resettlement program for Iraqis is impressive. Over 8,200 of the nearly 65,500 Iraqi refugees admitted for U.S. resettlement from the region since 2007 were processed through this operation, which PRM runs in close cooperation with the Department of Homeland Security. In Jordan, PRM’s RSC has assisted in the resettlement to the U.S. of over 16,700 refugees, primarily Iraqis, since FY 2007. In both locations, I was pleased to see that cultural orientation programs were helping families get ready to travel to the United States. While we have experienced unfortunate delays in the processing of Iraqi refugees for admission to the United States, in the coming months we expect to see increased numbers arriving.
This trip was more than just an opportunity to meet with policy-makers and senior officials in the region. As I advocate on behalf of our programs and priorities, it helps to have seen these powerful examples. Afghanistan, Iraq and Syria will continue to remain high priorities as we strive to make sure our assistance and admissions programs are as effective and responsive as possible.
I look forward to continuing to press these issues and will make sure to keep you apprised of our progress.
Best regards,
Anne C. Richard
Assistant Secretary for the Bureau of Population, Refugees, and Migration
ARMY PFC. AND ALLEGED WIKILEAKER BRADLEY MANNING RETURNS TO COURT
AMERICAN FORCES PRESS SERVICE
Alleged WikiLeaker Returns to Fort Meade Courtroom
By Donna Miles
FORT MEADE, Md. , June 6, 2012 - Army Pfc. Bradley Manning returned to the courtroom here today as lawyers spent most of the day wrangling over the release of documents associated with what's considered the largest intelligence leak in U.S. history.
Dominating the first of what is expected to be a three-day pre-trial hearing was Manning's civilian attorney, David Coombs, arguing that the prosecution is withholding key materials needed to build a solid defense.
On the other side of the aisle, Army Maj. Ashden Fein, the lead prosecutor, called the defense's "unreasonable" request for documents, many of which he said were irrelevant to the case, a ploy to slow down the proceedings. He insisted, however, that the government is going "above and beyond" its legal obligations and is turning over the materials as quickly as possible.
Coombs, also an Army Reserve lieutenant colonel who has deployed to Iraq, accused the government of providing the requested records too slowly, in a piecemeal fashion or not at all. He complained of confronting "roadblock after roadblock" in attempting to get these documents, which include various federal agencies' official assessments of actual damages caused by the alleged leaks.
Coombs also protested that many of documents received so far are so heavily redacted -- meaning specific parts have been blacked out -- that they're of limited value.
Army Capt. Joshua Tooman, one of Manning's two military lawyers, asserted that this threatens the defense team's strategy of proving that Manning caused little or no damage in leaking the classified documents while serving as a military intelligence analyst in Iraq.
Fein noted that the time and manpower needed to review the massive number of documents from multiple entities threatens to unnecessarily drag out the legal process and deny Manning an expeditious trial. "The government has been [reviewing] and continues to review the documents," he said. "But it is a massive amount of documents."
Fein told the court that some of the materials are so sensitive that they cannot be used in the trial. He repeated his concern about "graymailing" this and future legal proceedings with requirements that threaten to disclose national secrets. Graymailing refers to using classified information or the threat of exposing it as a way to circumvent the legal process.
Military judge Army Col. Denise Lind reported that she has personally reviewed the documents turned over so far, and noted that the CIA's submission will require additional information before being turned over to the defense. Lacking that, the prosecution would not be able to use it during the trial, a military legal officer familiar with the case told reporters.
To address the opposing concerns and limit further legal delays, Lind ruled that the court will add additional hearings between those already scheduled leading up to the trial date to assess progress and break through any logjams.
The next pre-trial hearings are slated for July 16 to 20; Aug. 27 to 31; and Sept. 19 to 20.
Manning's trial is scheduled to begin Sept. 21 and continue through Oct. 12. However, that timeline could slip if Lind grants the defense's request for more time to review documents it claims could reveal that Manning caused minimal damage.
His defense team will decide if the case will be heard by a judge alone, by a jury to consist of all officers, or by a mixed panel that includes one third enlisted members from within Manning's current command, the Army's Military District of Washington.
Manning sat quietly during today's proceedings in his Army service uniform, flanked by his two military attorneys. In the coming days of this pre-trial hearing, the defense is expected to ask Lind to dismiss 10 of the 22 charges against Manning.
Coombs plans to argue that eight of the charges are overly broad and vague and therefore, unconstitutional, the legal officer told reporters. The defense will ask Lind to dismiss two additional charges that Manning exceeded his authorized access to classified networks and argue that the prosecution has not made the case for a prosecutable offense, the officer said.
During Manning's pre-trial hearing in April, Lind rejected the defense's argument that all charges against Manning should be dismissed. She also upheld the most serious charge, that he aided the enemy by disclosing classified military and diplomatic material.
The 24-year-old military intelligence analyst was arrested at Contingency Operating Base Hammer near Baghdad on May 25, 2010. A former 10th Mountain Division soldier, Manning is accused of installing unauthorized software onto government computers to extract classified information, unlawfully downloading it, improperly storing it, and transmitting the data to the whistle-blowing group WikiLeaks.
WikiLeaks, in turn, released thousands of these documents, including classified records about military operations in Iraq and Afghanistan, on its website.
The specific charges against Manning as outlined on his charge sheet include aiding the enemy, wrongfully causing intelligence to be published on the Internet knowing that it is accessible to the enemy, theft of public property or records, transmitting defense information, and fraud and related activity in connection with computers.
The charges include violation of Army Regulations 25-2 "Information Assurance" and 380-5 "Department of the Army Information Security Program."
The maximum sentence Manning could receive, if found guilty of the charges, is life in prison.
He also could be reduced to E-1, the lowest enlisted grade, and face a total forfeiture of all pay and allowances and dishonorable discharge, officials said.
AUTO PARTS COMPANY AND AN EXECUTIVE PLEAD GUILTY TO PRICE FIXING AUTO PARTS
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, June 6, 2012
Autoliv Inc. and a Yazaki Corp. Executive Agree to Plead Guilty to Price Fixing on Automobile Parts Installed in U.S. Cars Company Agrees to Pay $14.5 Million Criminal Fine; Executive Agrees to Serve 14 Months in U.S. Prison
WASHINGTON – Stockholm-based Autoliv Inc. has agreed to plead guilty for its role in a conspiracy to fix prices of seatbelts, airbags and steering wheels installed in U.S. cars to one automobile manufacturer and a separate conspiracy to fix prices of seatbelts to another, the Department of Justice announced today. This is the first case filed relating to occupant safety systems sold to auto manufacturers as part of the department’s ongoing antitrust auto parts investigation. An executive of Japan-based Yazaki Corporation has also agreed to plead guilty for his role in a separate conspiracy to fix prices of automotive wire harnesses and related products installed in U.S. cars.
Autoliv has agreed to pay a $14.5 million criminal fine and to cooperate with the department’s ongoing investigation. Kazuhiko Kashimoto, a Yazaki executive, has agreed to serve 14 months in a U.S. prison, to pay a $20,000 criminal fine and to cooperate with the department’s ongoing investigation. The plea agreements for both Autoliv and Kashimoto are subject to court approval.
“By meeting in secret and agreeing to allocate the supply of various automotive parts, the conspirators colluded to rip off automotive manufacturers in the United States and abroad,” said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program. “These conspiracies eliminated competition and resulted in inflated prices to automotive manufacturers for parts in cars sold to U.S. consumers.”
According to a two-count felony charge filed today in the U.S. District Court for the Eastern District of Michigan in Detroit, Autoliv engaged in conspiracies to rig bids for, and to fix, stabilize and maintain the prices of seatbelts, airbags and steering wheels sold to automakers in the United States and elsewhere.
According to court documents, Autoliv’s involvement in the conspiracy to fix prices of seatbelts, airbags and steering wheels lasted from at least as early as March 2006 until at least February 2011, and its involvement in the second conspiracy to fix prices of seatbelts lasted from at least as early as May 2008 to at least February 2011. Autoliv and its co-conspirators carried out the conspiracies by agreeing, during meetings and conversations, to allocate the supply of seatbelts, airbags and steering wheels on a model-by-model basis. The department said that Autoliv and the co-conspirators sold the occupant safety parts at noncompetitive prices to automakers in the United States and elsewhere.
According to a one-count felony charge also filed today in the U.S. District Court in Detroit, Kashimoto, along with co-conspirators, engaged in a conspiracy to rig bids for, and to fix, stabilize and maintain the prices of automotive wire harnesses and related products sold to a customer in the United States and elsewhere. Automotive wire harnesses are automotive electrical distribution systems used to direct and control electronic components, wiring and circuit boards. Related products include automotive electrical wiring, lead wire assemblies, cable bond, automotive wiring connectors, automotive wiring terminals, electronic control units, fuse boxes, relay boxes and junction blocks.
According to court documents, Kashimoto’s involvement in the automotive wire harness conspiracy lasted from on or about January 2000 until at least September 2007. During the time of the conspiracy, Kashimoto held various management positions in Columbus, Ohio, and Japan for the Honda Sales and Honda Business Unit of Yazaki. Kashimoto and his co-conspirators carried out the conspiracy by agreeing, during meetings and conversations, to allocate the supply of automotive wire harnesses on a model-by-model basis and to coordinate price adjustments requested by an automobile manufacturer in the United States and elsewhere. The department said that Kashimoto and the co-conspirators sold automotive wire harnesses at non-competitive prices and engaged in meetings and conversations for the purpose of monitoring and enforcing adherence to the agreed-upon bid-rigging and price-fixing scheme. In order to keep their conduct secret, Kashimoto and his co-conspirators used code names and met at private residences and remote locations, the department said in court documents.
Including Autoliv and Kashimoto, six companies and 10 individuals have been charged in the department’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Furukawa Electric Co. Ltd, DENSO Corporation, Yazaki Corporation and G.S. Electech Inc. pleaded guilty and were sentenced to pay a total of more than $750 million in criminal fines. Fujikura Ltd has agreed to plead guilty. Additionally, seven of the individuals–Junichi Funo, Hirotsugu Nagata, Tetsuya Ukai, Tsuneaki Hanamura, Ryoji Kawai, Shigeru Ogawa and Hisamitsu Takada–have been sentenced to pay criminal fines and to serve jail sentences ranging from a year and a day to two years each. Makoto Hattori has agreed to plead guilty and Norihiro Imai has pleaded guilty and awaits sentencing.
Both Autoliv and Kashimoto are charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1 million fine for individuals and maximum penalty of a $100 million criminal fine for corporations. The maximum fine for both a company and 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.
Today’s prosecution arose from an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by the Antitrust Division’s National Criminal Enforcement Section and the FBI’s Detroit Field Office with the assistance of the FBI headquarters’ International Corruption Unit.
U.S. SECRETARY OF STATE CLINTON’S INTERVIEW WITH EKA KVESITADZE IN GEORGIA
FROM: U.S. STATE DEPARTMENT
Interview With Eka Kvesitadze of Georgian Public Broadcaster
Interview Hillary Rodham Clinton
Secretary of State Sheraton Hotel
Batumi, Georgia
June 6, 2012
QUESTION: Madam Secretary, thank you very much for your time. And your statement in Chicago that this was a last non-enlargement summit brings some optimism to Georgia. And what should be expected in terms of Georgia-NATO integration the next two years? And can Georgia become a member with Russian troops on soil? Because we all remember President Medvedev saying that with the war of 2008, Russia stopped Georgia’s NATO integration process.
SECRETARY CLINTON: Well, first, let me say how pleased I am to be talking with you and what a wonderful visit I’ve had here in Batumi and delighted to be back in Georgia. The answer to the question about NATO really depends upon the progress that is made, because each of the aspirant countries that I met with in Chicago had different challenges still ahead. But we are very committed to the Bucharest principles and to working with Georgia and the other countries so that they do make progress.
Obviously, from our perspective, we think it’s a bedrock principle that any country should have the right to choose its own alliances, including security alliances. So I hope that we’ll see continuing progress on interoperability and all of the military cooperation.
And of course, it will be important how the elections in Georgia go, because Georgia has made so much progress, and I’m very proud I’m here on the 20th anniversary of our diplomatic relations. And we want to see very good, free, fair, transparent parliamentary elections, then a presidential election, because Georgia can really set the standard for what it means to be a democracy in the 21st century.
QUESTION: So you said that Russia can stop this process, our aspiration to NATO.
SECRETARY CLINTON: Well, we do not --
QUESTION: Russia doesn’t have any power to stop it?
SECRETARY CLINTON: They do not have a veto. No country has a veto over the choices that another country makes. Now, of course, the reality is that every country that is offered membership in NATO has to be offered that unanimously. And I can’t speak for any other country in the NATO alliance other than my own, so I do think that the more Georgia demonstrates that it’s making progress, that it is not only economically progressing but progressing on the path toward institutionalizing democracy, the outreach to neighbors, the trying to calm the waters – I think that will make an impression on the other members of NATO too.
QUESTION: There are many fears in Georgia that Russia can resume that military conflict (inaudible). And there is a reason for that, because in 2008, mission wasn’t fulfilled. Russia hasn’t changed, so we held (inaudible) in the government. And Georgia’s NATO aspiration has remained the same. And Georgian – this is a very important question for Georgians – that what are the international mechanisms – what are the reassurances that Russia will not resume the military conflict against Georgia?
SECRETARY CLINTON: Well, there’s no way to give anyone ironclad guarantees, because countries act in ways that are often unpredictable or sadly predictable, as the case might be. But here we are in 2012, and I think that the progress that Georgia has made in the last four years has drawn the world’s attention, that here is a relatively small country able to tackle so many of the issues that any country developing and democratizing has to.
And there’s a great deal of understanding. Georgia is now asked by people all over the world to send experts to talk about how to reform economies and how to set up political systems and deliver services to people. So there is an international awareness of Georgia and Georgia’s aspirations, which I think sends a strong signal that they – that the people of Georgia deserve to chart their own future.
And since we strongly support the territorial integrity and independence of Georgia, and we don’t recognize the secessionist areas – hardly anybody else does either – I think there are other things that need to be concentrated on by all of us. The United States, Russia, the European Union, we have a lot of issues that we have to deal with economically, security. We’ve got this terrible problem in Syria.
So I imagine there will still be rhetorical volleys going back and forth, but certainly it’s my hope that nobody provokes anything, that the secessionist areas don’t provoke anything, that everybody just keeps working to improve Georgia. That’s my hope.
QUESTION: You mentioned Syria and a question about recent politics – policies. The reset button that you have famously put forth years ago has brought some consequences. But tendencies are changing. Putin accused the U.S. of backing massive protests against him, that the countries can’t find that the common language over missile defense issue, and the Syria of course. Russia continues to help Syria’s regime, and as you pointed out recently, is going to help contribute to a civil war. And given this background, how do you see the future of reset?
SECRETARY CLINTON: Well, I think that the so-called reset was important, because the United States and Russia have a lot of work to do together. The START Treaty that continues the reduction of nuclear weapons is in both of our interests and the interest of the world and a peaceful world. Working together on Afghanistan has been very positive. Working against terrorism and drug trafficking – we wanted to work to find those areas where we could cooperate.
Now, at the same time, we still have differences, and those differences are principled differences as to where we stand on a lot of very difficult matters. But I think in today’s world it’s important that we not have relationships where you’re either able to cooperate or you can’t cooperate. Let’s be practical and let’s find areas where we can bridge our differences, let’s work to try to narrow those differences, and let’s stand our ground whenever and wherever we have to. And on democracy, on human rights, on the freedom of people to choose their own leaders and their own futures, we strongly support that, and we’re going to continue to try to manage our relationship along those lines.
QUESTION: But if it continues to help the – Syria’s regime, what will be reaction of the international community, the West, and the U.S.?
SECRETARY CLINTON: Well, with respect specifically to Syria, it’s deeply regrettable that Assad has not been pressured to step down. This is such a complicated issue that we’re all trying to struggle with. But Kofi Annan has a six-point plan, including political transition. And we now think that we have to make a concerted effort to bring Russia to the table to help us have a transition plan that will give the people of Syria a chance to pick their own leaders. So tonight in Istanbul, I’ll be meeting with a number of nations. Friday in Washington, I’ll be meeting with Kofi Annan.
This is such a problematic issue, because we don’t have the unanimity of the United Nations Security Council, we don’t have the unanimity of the Arab League. We don’t have any international recognized group that knows exactly what the right thing to do is because Syria could fall into an even more horrible state of violence with many more people at risk of being killed, injured, and displaced. We’re all trying to avoid that, but we’re also trying to stop Assad and his regime from continuing their brutal assault on their own people.
So I can’t sit here and tell you that I know how we’re going to do it, but I do know that it’s imperative we keep working on it, because it’s unacceptable in today’s world – just like we were talking about nobody should threaten Georgia’s independence, your territorial integrity, people should not be permitted as leaders to assault their own citizens.
QUESTION: And about Georgia, first, I saw you met yesterday the political opposition leaders and you met representatives of civil society. What’s your impression – how would you evaluate election environment? Is there any – enough competition? And there is level playground -- that’s very important.
SECRETARY CLINTON: Yes. I fully agree with that. And I wanted to meet with the opposition because we know from very long experience in our own democracy that you have to try to have this so-called level playing field where people have access to the media, where there’s enough observers so that they can validate an election or point out problems in the election.
And in meeting with the opposition, I listened very carefully to their concerns. We’ve conveyed those to the government. Our ambassador and our government will be working to try to help ensure that not only on the day of the election but in the months preceding the election that it’s a competitive environment and that the election goes well.
And we do that not because we choose sides. That’s up to the Georgian people to decide. But we do it because we believe in democracy and we believe in Georgia. We think Georgia is so much on the right track, and we think a valid electoral outcome in parliament and presidential elections will further Georgia’s reputation as the kind of model that we want to see other countries follow.
QUESTION: And this is the biggest challenge for us – for the government right now. The things – this fair election – how election will be conducted?
SECRETARY CLINTON: Well, I think it’s a challenge for two reasons. I think it’s a challenge because whenever you’re in government – and I’ve been in politics, so I have won elections and I’ve lost elections and I’ve been in government. I’ve been in the majority and I’ve been in the opposition – you think you’re doing a good job and you’re working really hard. And I have met a lot of the people working in the Georgian Government, and they are terrific. They’re working hard, they’re producing results, they’re changing the way things are done. I went to the Public Service Hall here in Batumi. I was very impressed.
So when you’re working that hard and you’re seeing things change, you think, well, people should vote for us, and why is there any question to it. But you can’t ever in a democracy think you have all the answers, that you are immune from either criticism or questioning, which is why it’s more important to establish strong institutions than strong people. Strong people will come and go. We’re all human. And what’s important in a sustainable democracy is that the institutions are strong. And so what we want is a free, fair election where the Georgian people make the decision as to who they want to represent them and that’s it’s another step in building these strong institutions that are going to carry Georgia into the future.
And I have to add I am so impressed by the young people of Georgia. When I was at the Public Service Hall here, when I was commissioning the coast guard cutter as part of our military defense cooperation, the young government officials, the young public servants, the young military officers – there is just a feeling of energy and dynamism, and we don’t want anything to disrupt that. We want it to keep growing.
QUESTION: Madam Secretary, thank you so much for thinking that.
SECRETARY CLINTON: Thank you. It’s been a real pleasure.
QUESTION: Thank you. It was great pleasure for me to meet you. You are a real source of inspiration for many women.
SECRETARY CLINTON: Thank you.
COMMAND LINK WITH BALLISTIC MISSILE WARNING SENSORS UPGRADED
FROM: U.S. AIR FORCE
A Minuteman III intercontinental ballistic missile configured with a National Nuclear Security Administration joint test assembly launches May 22, 2012, from Vandenberg Air Force Base, Calif. The 50th Space Communications Squadron recently completed upgrades to ballistic missile warning sensors communications systems around the world. (U.S. Air Force photo)
Squadron nears completion of ballistic missile warning communications upgrade
by Scott Prater
Schriever Sentinel
6/6/2012 - SCHRIEVER AIR FORCE BASE, Colo. (AFNS) -- Ballistic missile warning sensors at sites around the world provide information vital to U.S. national security.
When the link connecting those sensors to decision makers at the North American Aerospace Defense Command was in jeopardy of failing, the Air Force called on the 50th Space Communications Squadron to help remedy the situation.
Six years and $6 million later, contractor crews working for the 50th SCS stand ready to flip the switch on a final upgrade that should safeguard the vital link for years to come, officials said.
The Air Force Space Command Digital Integrated Network, known as SDIN, has been around for decades. That means the actual communication equipment used to create the network has also been around for decades.
When the manufacturer of the 1980s-era equipment stopped building new machines, Air Force leaders knew they needed to create a plan for maintaining the legacy hardware, while at the same time developing, testing and implementing modern replacements.
"All of the legacy equipment, known as Timeplex, was growing beyond its end of life, so we've been under pressure to complete the upgrades," said Mike Hamilton, the SDIN program manager. "Since the Timeplex manufacturer couldn't support the aging equipment, we had to stockpile spare parts."
Essentially, crews were in a race to replace the legacy equipment with upgraded machines before the 50th SCS ran out of spares, all of which was much easier said than done, officials said.
The modern equipment, referred to as Juniper, needed to be installed, painstakingly tested and then approved before it could replace the older communication equipment at sensor sites around the world. All the work was performed onsite at each SDIN sensor site, some of which exist in remote locations.
Adding to the complexity of the project was the fact that the upgrade needed to occur without a disruption in service. Since more than seven worldwide entities -- including Russia, China, North Korea and Iran -- possess the capability to launch a ballistic missile, according to the National Intelligence Council, the system's importance is immeasurable.
"The SDIN network's primary function is 100 percent reliability," Hamilton said. "It has a lot of redundancy in both equipment and routing built into the network as well as alternative routing in case of failure. It's an extremely robust network because it has to be."
Hamilton indicated that missile warning or integrated tactical warning and attack assessment isn't the only mission SDIN supports. It also provides a data link for missions such as Milstar, controlled by the 4th Space Operations Squadron here, and the space-based infrared system.
Timeplex served its nation and military well and was an extremely reliable system, but the Juniper equipment is truly an upgrade, Hamilton said. Juniper supports all of the legacy protocols as well as newer bandwidths and newer protocols. Plus, it is still in production so the manufacturer can support and warrant all of the products involved.
The 50th SCS will wrap up the project soon. Squadron leaders said they expect the final SDIN equipment upgrade to tentatively occur at a sensor site somewhere around the world this September.
"The SDIN network is a unique and key enabler of the AFSPC, integrated tactical warning and attack assessment, and space command and control missions," said Ward Adams, the 50th SCS Plans and Resources Flight chief. "SDIN allows decision makers to get the right information on time."
DEPUTY SECRETARY OF THE TREASURY SPEAKS BERORE SENATE COMMITTEE ON WALL STREET REFORM
FROM: U.S. DEPARTMENT OF TREASURY
Testimony by Deputy Secretary Neal Wolin before the Senate Committee on Banking, Housing, and Urban Affairs on “Implementing Wall Street Reform: Enhancing Bank Supervision and Reducing Systemic Risk”
As prepared for delivery
WASHINGTON – Chairman Johnson, Ranking Member Shelby, and members of the Committee, thank you for the opportunity to appear here today to discuss progress implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).
The Dodd-Frank Act represents the most significant set of financial reforms since the Great Depression. Its full implementation will help protect Americans from the excessive risk, fragmented oversight, and poor consumer protections that played such leading roles in bringing about the recent financial crisis.
That crisis, and the recession that accompanied it, cost nearly 9 million jobs, erased a quarter of families’ household wealth, and brought GDP growth to a low of nearly negative 9 percent.
Today, our economy has improved substantially, although more work remains ahead. More than 4.3 million private sector jobs have been created over the past 27 months and, since mid-2009, our economy has grown at an average annual rate of 2.4 percent.
As part of our broader efforts to strengthen the economy, Treasury is focused on fulfilling its role in implementing the Dodd-Frank Act to build a more efficient, transparent, and stable financial system—one that contributes to our country’s economic strength, instead of putting it at risk.
The Dodd-Frank Act’s reforms address key failures in our financial system that precipitated and prolonged the financial crisis. The Act’s core elements include:
Tougher constraints on excessive risk-taking and leverage across the financial system. To lower the risk of failure of large financial institutions and reduce damage to the broader economy in the event a large financial institution does fail, the Dodd-Frank Act provides authority for regulators to impose tougher safeguards against risks that could threaten the stability of the financial system and the broader economy.
The Federal Reserve has proposed new standards to require banks to hold greater capital against risk and fund themselves more conservatively. New rules restricting proprietary trading under the Volcker Rule and limits to the size of financial institutions relative to the total financial system have been proposed or will be proposed in the coming months. Safeguards against excessive risk-taking and leverage will not only apply to the biggest banks, but also designated nonbank financial companies. Importantly, the bulk of these requirements do not apply to small and community banks, and help level the playing field for these smaller participants by helping eliminate distortions that previously favored the biggest banks that held the most risk.
The Dodd-Frank Act also established the Financial Stability Oversight Council (the Council) to coordinate agencies’ efforts to monitor risks and emerging threats to U.S. financial stability, and the Office of Financial Research (OFR) to collect and standardize financial data, perform essential research, and develop new tools for measuring and monitoring risk in the financial system.
Orderly liquidation authority. The Dodd-Frank Act created a new orderly liquidation authority to resolve a failed or failing financial firm if its failure would have serious adverse effects on the financial stability of the United States. The statute makes clear that taxpayers will not be put at risk in the event a large financial firm fails. Investors and management, not taxpayers, will be responsible for the cost of the failure.
The FDIC has completed most of the rules necessary to implement the orderly liquidation authority, and is engaging in planning exercises with Treasury and other regulators to coordinate how it would work in practice. This summer, the largest bank holding companies will submit the first set of “living wills” to regulators and the Council. These documents will lay out plans for winding down a firm if it faces failure.
Comprehensive oversight of derivatives. The Dodd-Frank Act created a new regulatory framework for over-the-counter derivatives markets to increase oversight, transparency, and stability in this previously unregulated area of the financial system.
Regulators have proposed almost all the necessary rules to implement comprehensive oversight of the derivatives markets, and we expect most to be finalized this year. We are already seeing signs of standardized derivatives moving to central clearing, and substantial work is being done to build out new financial infrastructure to move trades into clearing and onto electronic trading platforms.
Stronger consumer financial protection. The Dodd-Frank Act created the Consumer Financial Protection Bureau (CFPB) to consolidate consumer financial protection responsibilities that had been fragmented across several federal regulators into a single institution dedicated solely to that purpose. The CFPB’s mission is to help ensure consumers have the information they need to make financial decisions appropriate for them, enforce Federal consumer financial laws, and restrict unfair, deceptive, or abusive acts and practices.
The CFPB is currently working to improve clarity and choice in consumer financial products through the Know Before You Owe project, which aims to simplify mortgage forms, credit card disclosures, and student financial aid offers. The CFPB is also focused on helping improve consumer financial protections for groups like servicemembers and older Americans, as well as bringing previously unregulated consumer financial institutions, like payday lenders, credit reporting bureaus, and private mortgage originators, under federal supervision for the first time. Earlier this year, the CFPB commenced its supervision of debt collectors and credit reporting agencies.
Transparency and market integrity. The Dodd-Frank Act included a number of measures that increase disclosure and transparency of financial markets, including new reporting rules for hedge funds, trade repositories to collect information on derivatives markets, and improved disclosures on asset-backed securities.
This summer, the largest hedge funds and private equity funds will be required to report important information about their investments and borrowing for the first time, helping regulators understand exposures at these significant investment vehicles. New swaps data repositories are being created that will provide regulators and market participants with a stronger understanding of the scale and nature of exposures within previously opaque derivatives markets.
Treasury’s core responsibilities in implementing the Dodd-Frank Act include the Secretary’s role as Chairperson of the Council, standing up the Office of Financial Research and Federal Insurance Office, and coordinating the rulemaking processes for risk retention for asset-backed securities and the Volcker Rule.
The Financial Stability Oversight Council
The Dodd-Frank Act created the Financial Stability Oversight Council to identify risks to the financial stability of the United States, promote market discipline, and respond to emerging threats to the stability of the U.S. financial system.
The Council is actively engaged in these activities and has begun to institutionalize its role. To date, the Council has held 17 principals meetings, four since I last testified in December. In recent months, the Council’s principals have come together to share information on a range of important financial developments as the Council, its members, and staff have actively engaged in monitoring the situation in Europe, in housing markets, the interaction of the economy and energy markets, and the lessons to be drawn from recent errors in risk management at several major financial institutions, including the failure of MF Global and trading losses at JPMorgan Chase. In addition to regular engagement at the principals level, the Council has active staff discussions through twice monthly deputies level meetings and ongoing staff work on individual committee and project workstreams.
The Council expects to release its second annual report on financial market and regulatory developments and potential emerging threats to our financial system in July. In addition to providing new recommendations, the report will include an update on the progress made on last year’s recommendations, which focused on enhancing the integrity, efficiency, competitiveness, and stability of U.S. financial markets, promoting market discipline, and maintaining investor confidence.
One of the duties of the Council is to facilitate information-sharing and coordination among its members regarding rulemaking, examinations, reporting requirements, and enforcement actions. Through meetings among principals, deputies, and staff, the Council has served as an important forum for increasing coordination among the member agencies. Some argue that the Council should be able to ensure particular outcomes in independent agencies’ rules, or perfect harmony between rules with disparate statutory bases. While the Council serves a very important role in bringing regulators together, the Dodd-Frank Act did not eliminate the independence of regulators to write rules within their statutory mandates.
Nonetheless, the Dodd-Frank Act implementation process has brought about unprecedented cooperation among agencies in writing new rules for our financial system. As Chair of the Council, Treasury continues to make it a top priority that the work of the regulators is well-coordinated.
The Treasury Secretary, as Chairperson of the Council, is coordinating the rulemaking required for the Dodd-Frank Act’s risk retention requirements, which are designed to improve the alignment of interests between originators of risk and securitizers of, and investors in, asset-backed securities. After the proposed rule was released, the rule-writers received over 13,000 comment letters, and they are continuing to review feedback as they work towards a final rule.
The Council has also made progress on two of its direct responsibilities under the Dodd-Frank
Act: designating financial market utilities (FMUs) and nonbank financial companies for enhanced prudential standards and supervision.
In July 2011, the Council finalized a rule setting the process and criteria for designating FMUs and, in August, began working to identify FMUs for consideration in accordance with the statue and the rule. In January 2012, an initial set of FMUs were notified that they would be under consideration for designation. In May, the Council unanimously voted to propose the designation of an initial set of FMUs as systemically important. This vote is not a final determination, and FMUs may request a hearing before the Council to contest a proposed designation. The Council expects to make final determinations on an initial set of FMU designations as early as this summer.
In April 2012, the Council issued a final rule and interpretive guidance establishing quantitative and qualitative criteria and procedures for designations of nonbank financial companies. The Council has begun work to apply the process described in the guidance. The Council recognizes that the designation of nonbank financial companies is an important part of the Dodd-Frank Act’s implementation and intends to proceed with due care as expeditiously as possible.
The Dodd-Frank Act also provides for limits on the growth and concentration of our largest financial institutions. The Council has released a study and recommendations on the effective implementation of these limitations, and the Federal Reserve is expected to propose a rule to implement concentration limits later this year.
The Office of Financial Research
The Dodd-Frank Act established the Office of Financial Research to collect and standardize financial data, perform essential research, and develop new tools for measuring and monitoring risk in the financial system.
In December 2011, President Obama nominated Richard Berner to be the OFR’s first Director. I appreciate this committee’s support of Mr. Berner’s nomination. Confirmation by the full Senate is important to ensure the OFR can fulfill its critical role.
A key component of the OFR’s mission is supporting the Council and its member agencies by analyzing financial data to monitor risk within the financial system. Currently, the OFR is working on a number of projects with the Council, including providing analysis related to the Council’s evaluation of nonbank financial companies for potential designation for Federal Reserve supervision and enhanced prudential standards; providing data and analysis in support of the Council’s second annual report on financial market and regulatory developments and potential emerging threats to our financial system; and, in collaboration with Council member agencies, developing metrics and indicators related to financial stability.
To avoid duplicating existing government collection efforts or imposing unnecessary burdens on financial institutions, the OFR is focused on ensuring it relies on data already collected by regulatory agencies whenever possible. The OFR is working with regulators to catalogue the data they already collect, along with exploring ways it could promote stronger data sharing for the regulatory community to generate efficiencies and improved interagency cooperation.
As part of its mission, the OFR is also promoting standards to improve the quality and scope of financial data, which in turn should help regulators and market participants mitigate risks to the financial system and provide firms with important efficiencies and cost-savings. One ongoing priority is establishing a Legal Entity Identifier (LEI), or unique, global standard for identifying parties to financial transactions, to improve data quality and consistency. The OFR is playing a lead role in the international process coordinated by the Financial Stability Board (FSB) to develop an LEI. Just last week, the FSB endorsed recommendations the OFR developed in conjunction with its international counterparts to establish a global LEI system. This recognition allows market participants to begin preparing for the implementation of the global LEI next year.
A more comprehensive understanding of the largest and most complex financial firms’ exposures is critical to identifying risks to the financial system and mitigating future crises. However, some have expressed concerns about the OFR—involving its accountability, access to personal financial information, and ability to secure sensitive data—that are unfounded.
First, Congress has oversight authority over the OFR, and the statute requires the Director to testify regularly before Congress. Consistent with requirements under the Dodd-Frank Act, the OFR will provide the Congress with its first Annual Report on its activities this summer and a second report, on the Office’s human resources practices, later this year. In addition, the Dodd-Frank Act provides authority for Treasury’s Inspector General, the Government Accountability Office, and the Council of Inspectors General on Financial Oversight to oversee the activities of the OFR.
Second, regarding data collection, the Dodd-Frank Act does not contemplate and the OFR will not collect personal financial information from consumers. The OFR, like other banking regulators, only has the authority to collect information from financial institutions, not individual citizens. The OFR will only utilize data required to fulfill its mission—assessing threats to stability across the financial system.
Lastly, data security is the highest priority for the OFR. As an office of the Department of the Treasury, the OFR utilizes Treasury’s sophisticated security systems to protect sensitive data. The OFR is also implementing additional controls for OFR-specific systems, including a secure data enclave within Treasury’s IT infrastructure. Access to confidential information will only be granted to personnel that require it to perform specific functions, and the OFR will regularly monitor and verify its use to protect against unauthorized access. In addition, the OFR is working in collaboration with other Council members to develop a mapping among data classification structures and tools to support secure collaboration and data sharing. Such tools include a data transmission protocol currently used by other Council members that will enable interagency data exchange and a secure collaboration tool for sharing documents.
The Federal Insurance Office
The Dodd-Frank Act created the Federal Insurance Office to monitor all aspects of the insurance industry, identify issues or gaps in regulation that could contribute to a systemic crisis in the insurance industry or financial system, monitor the accessibility and affordability of non-health insurance products to traditionally underserved communities, coordinate and develop federal policy on prudential aspects of international insurance matters, and contribute expertise to the Council.
As a member of the Council, FIO, in addition to two additional Council members that focus on insurance, has been actively involved in the rulemaking establishing the process for the designation of nonbank financial companies. FIO will be engaged in the review of nonbank financial companies as this process moves forward.
Until the establishment of FIO, the United States was not represented by a single, unified federal voice in the development of international insurance supervisory standards. FIO is providing important leadership in developing international insurance policy. Recently, FIO assumed a seat on the executive committee of the International Association of Insurance Supervisors (IAIS). The IAIS, in cooperation with the Financial Stability Board (FSB), is developing the methodology and indicators to identify global systemically important insurers, and FIO is actively engaged in that process. Additionally, FIO established and has provided necessary leadership in the EU-U.S. insurance dialogue regarding such matters as group supervision, capital requirements, reinsurance, and financial reporting. FIO also participated in the recent U.S.-China Strategic and Economic Dialogue in Beijing. Importantly, FIO has and will continue to work closely and consult with state insurance regulators and other federal agencies in its work.
Priorities Ahead
Under the Dodd-Frank Act, Treasury is charged with coordinating the implementation of the Volcker Rule. Treasury is actively engaged with the independent regulatory agencies in their work to finalize the Volcker Rule and make sure it is implemented effectively to prohibit proprietary trading activities and limit investments in and sponsorship of hedge funds and private equity funds.
The five Volcker Rule rulemaking agencies released substantially identical proposed rules, which reflect the commitment of Treasury and the regulators to a coordinated approach. The comment periods for all five rulemaking agencies are now complete, and we are reviewing and analyzing over 18,000 public comment letters. Treasury is hosting and actively participates in weekly interagency meetings to review those comments, and remains committed to fulfilling our coordination role and working with the rulemaking agencies to achieve a strong and consistent final rule.
Regulators are still in the process of conducting their evaluation of what happened with respect to recent losses at JPMorgan Chase, and why. The lessons learned from the recent failures in risk management at JPMorgan are an important input into the ongoing efforts to design strong safeguards and reforms, including, of course, those in the Volcker Rule.
The Volcker Rule, as reflected in the statutory language enacted as part of the Dodd-Frank Act and in the proposed rule, explicitly exempts from the prohibition on proprietary trading the ability of firms to engage in “risk-mitigating hedging activities in connection with and related to individual or aggregated positions…designed to reduce the specific risks to the banking entity.” To that end, the final rule should clearly prohibit activity that, even if described as hedging, does not reduce the risks related to specific individual or aggregate positions held by a firm.
The exposures accumulated by JPMorgan, in the words of its executives, resulted in potential losses that exceeded its internal limits and those estimated by its internal risk management systems. This raises concerns that go well beyond the scope of the Volcker Rule. Among other things, regulators should require that banks’ senior management and directors put in place effective models to evaluate risk, strengthen reporting structures to ensure risks are assessed independently and at appropriately senior levels, and establish clear accountability for failures in risk management. Regulators should make sure that they have a clear understanding of exposures and that banks and their senior management are held accountable for the thoroughness and reliability of their risk management systems. To further accountability, there should also be appropriate public transparency of risk management systems and internal limits.
Ultimately, the true test of reform is not whether it prevents firms from taking risk or from making mistakes, but whether our financial regulatory system is tough enough and designed well enough to prevent those mistakes from hurting the broader economy or costing taxpayers money. We all have an interest in achieving this outcome.
I emphasize the broader framework of reforms because our ability to protect the economy from financial mistakes in banks depends on the authority and resources we have to enforce tougher capital, leverage, and liquidity requirements on banks and the largest, most complex nonbank financial companies.
It depends on our ability to put in place the full framework of protections in the Dodd-Frank Act on derivatives, from margin requirements and central clearing of standardized derivatives to greater transparency into risks and exposures.
It depends on the resources available to the SEC, the CFTC, the CFPB and the other enforcement authorities to police and deter manipulation, fraud, and abuse.
It depends on our ability to protect taxpayers from future financial failures, in particular our ability to safely unwind a large firm without the broad collateral damage and risk to the taxpayer that we experienced in 2008.
And it depends on making sure that no exception built into the law is allowed to swallow the rule, frustrate the core purpose of the legislation, or otherwise undermine the impact of the tough safeguards we need.
The challenges our economy continues to experience since the financial crisis in 2008 only increase our commitment to make sure we meet our responsibility to the American public to implement lasting financial reform.
Recent events provide an additional reminder that comprehensive reform must continue to move forward. The Administration will continue to resist all efforts to roll back reforms already in place or block progress for those that remain to be implemented. The lessons of the financial crisis should not be left unlearned or forgotten, nor should American workers—or American taxpayers—be left unprotected from the consequences of future financial instability.
I appreciate the opportunity to discuss the priorities and progress associated with our work implementing the Dodd-Frank Act, and the leadership and support of this committee in those efforts.
Thank you.
OFFICE ON VIOLENCE AGAINST WOMEN ANNOUNCES AGREEMENT TO CROSS-DESIGNATE TRIBAL PROSECUTORS IN SOME STATES
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, June 5, 2012
Office on Violence Against Women Announces Agreements to Cross-Designate Tribal Prosecutors in Nebraska, New Mexico, Montana, North Dakota and South Dakota
WASHINGTON – The Justice Department’s Office on Violence Against Women (OVW) announced today that four tribes in Nebraska, New Mexico, Montana, North Dakota and South Dakota will be awarded cooperative agreements to cross-designate tribal prosecutors to pursue violence against women cases in both tribal and federal courts.
The goal of the Tribal Special U.S. Attorney (SAUSA) program is to train eligible tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable criminal offense is prosecuted in tribal court, federal court or both. The program enables tribal prosecutors to bring violence against women cases in federal court and to serve as co-counsel with federal prosecutors on felony investigations and prosecutions of offenses arising out of their respective tribal communities.
“We know that violence against Native women has reached epidemic proportions,” said OVW Director Bea Hanson. “Restoring safety for Native women requires the type of sustained cooperation between the federal and tribal justice systems that we see in the jurisdictions participating in our Tribal SAUSA project.”
Through this special initiative, OVW will support salary, travel and training costs of four tribal SAUSAs, who will work in collaboration with the U.S. Attorneys Offices in the Districts of Nebraska, New Mexico, Montana, North Dakota and South Dakota. Specifically, OVW will award cooperative agreements to four federally recognized tribes to select qualified applicants in cooperation with the U.S. Attorney Offices to serve as cross-designated prosecutors. These prosecutors will maintain an active violence against women crimes caseload, in tribal and/or federal court, while also helping to promote higher quality investigations, improved training and better inter-governmental communication.
Tailored to meet the particular needs of the participating jurisdiction, these pilot programs are designed to improve the quality of cases, the coordination of resources and the communication of priorities both within and between the various law enforcement agencies working in this area.
The Tribal SAUSA Pilot Project was largely driven by input gathered from the Justice Department's 2009 Tribal Nation Listening Session on Public Safety and Law Enforcement, and its annual tribal consultation on violence against women. The Tribal SAUSA initiative is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities, and represents a partnership between OVW, the Executive Office of US Attorney's and the US Attorney's Offices in Montana, Nebraska, New Mexico, North Dakota and South Dakota.
OPPENHEIMER FUNDS INC., CHARGED BY SEC WITH MAKING MISLEADING STATEMENTS
Photo: NYSE. Credit: U.S. Government.
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C., June 6, 2012 – The Securities and Exchange Commission today charged investment management company OppenheimerFunds Inc. and its sales and distribution arm with making misleading statements about two of its mutual funds struggling in the midst of the credit crisis in late 2008.
The SEC’s investigation found that Oppenheimer used derivative instruments known as total return swaps (TRS contracts) to add substantial commercial mortgage-backed securities (CMBS) exposure in a high-yield bond fund called the Oppenheimer Champion Income Fund and an intermediate-term, investment-grade fund called the Oppenheimer Core Bond Fund. The 2008 prospectus for the Champion fund didn’t adequately disclose the fund’s practice of assuming substantial leverage in using derivative instruments. And when declines in the CMBS market triggered large cash liabilities on the TRS contracts in both funds and forced Oppenheimer to reduce CMBS exposure, Oppenheimer disseminated misleading statements about the funds’ losses and their recovery prospects.
Oppenheimer agreed to pay more than $35 million to settle the SEC’s charges.
“Mutual fund providers have an obligation to clearly and accurately convey the strategies and risks of the products they sell,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “Candor, not wishful thinking, should drive communications with investors, particularly during times of market stress.”
Julie Lutz, Associate Director of the SEC’s Denver Regional Office, added, “These Oppenheimer funds had to sell bonds at the worst possible time to raise cash for TRS contract payments and cut their CMBS exposure to limit future losses. Yet, the message that Oppenheimer conveyed to investors was that the funds were maintaining their positions and the losses were recoverable.”
According to the SEC’s order instituting settled administrative proceedings against OppenheimerFunds and OppenheimerFunds Distributor Inc., the TRS contracts allowed the two funds to gain substantial exposure to commercial mortgages without purchasing actual bonds. But they also created large amounts of leverage in the funds. Beginning in mid-September 2008, steep CMBS market declines drove down the net asset values (NAVs) of both funds. These losses forced Oppenheimer to raise cash for month-end TRS contract payments by selling securities into an increasingly illiquid market.
According to the SEC’s order, the funds’ portfolio managers under instruction from senior management began executing a plan in mid-November to reduce CMBS exposure. Just as they began to do so, however, the CMBS market collapse accelerated, creating staggering cash liabilities for the funds and driving their NAVs even lower.
The SEC’s order found that continued CMBS declines forced the funds to sell more portfolio securities in order to raise cash for anticipated TRS contract payments. This task became increasingly difficult for the Champion fund, ultimately prompting Oppenheimer to make a $150 million cash infusion into the fund on November 21. Over the next two weeks, the funds continued to reduce their CMBS exposure to avoid further losses.
According to the SEC’s order, Oppenheimer advanced several misleading messages when responding to questions in the midst of these events. For instance, Oppenheimer
communicated to financial advisers (whose clients were invested in the funds) and fund shareholders directly that the funds had only suffered paper losses and their holdings and strategies remained intact. Oppenheimer also stressed that absent actual defaults, the funds would continue collecting payments on the funds’ bonds as they waited for markets to recover. These communications were materially misleading because the funds were committed to substantially reducing their CMBS exposure, which dampened their prospects for recovering CMBS-induced losses. Moreover, the funds had been forced to sell significant portions of their bond holdings to raise cash for anticipated TRS contract payments, resulting in realized investment losses and lost future income from the bonds.
The SEC’s investigation found that the Champion fund’s 2008 prospectus was materially misleading in describing the fund’s “main” investments in high-yield bonds without adequately disclosing the fund’s practice of assuming substantial leverage on top of those investments. While the prospectus disclosed that the fund “invested” in “swaps” and other derivatives “to try to enhance income or to try to manage investment risk,” it did not adequately disclose that the fund could use derivatives to such an extent that the fund’s total investment exposure could far exceed the value of its portfolio securities and, therefore, that its investment returns could depend primarily upon the performance of bonds that it did not own.
The SEC’s order finds that OppenheimerFunds violated Section 34(b) of the Investment Company Act of 1940, Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 (Securities Act), and Section 206(4) of the Investment Advisers Act of 1940 and Rule 205(4)-8 promulgated thereunder. The order finds that OppenheimerFunds Distributor violated Sections 17(a)(2) and 17(a)(3) of the Securities Act.
Without admitting or denying the SEC’s findings, OppenheimerFunds agreed to pay a penalty of $24 million, disgorgement of $9,879,706, and prejudgment interest of $1,487,190. This money will be deposited into a fund for the benefit of investors. OppenheimerFunds and OppenheimerFunds Distributor also agreed to provisions in the order censuring them and directing them to cease and desist from committing or causing any violations or future violations of these statutes and rules.
The SEC’s investigation was conducted by Coates Lear, Jeffrey E. Oraker, Hugh C. Beck, Patricia E. Foley, and Mary S. Brady in the Denver Regional Office. The related examination of Oppenheimer was conducted by Francesco Spinella, Tracy O’Sullivan, C. Michael Hooper, Kathleen A. Raimondi, and Paula S. Weisz under the supervision of branch chief Kenneth O’Connor and assistant director Dawn Blankenship in the New York Regional Office.
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C., June 6, 2012 – The Securities and Exchange Commission today charged investment management company OppenheimerFunds Inc. and its sales and distribution arm with making misleading statements about two of its mutual funds struggling in the midst of the credit crisis in late 2008.
The SEC’s investigation found that Oppenheimer used derivative instruments known as total return swaps (TRS contracts) to add substantial commercial mortgage-backed securities (CMBS) exposure in a high-yield bond fund called the Oppenheimer Champion Income Fund and an intermediate-term, investment-grade fund called the Oppenheimer Core Bond Fund. The 2008 prospectus for the Champion fund didn’t adequately disclose the fund’s practice of assuming substantial leverage in using derivative instruments. And when declines in the CMBS market triggered large cash liabilities on the TRS contracts in both funds and forced Oppenheimer to reduce CMBS exposure, Oppenheimer disseminated misleading statements about the funds’ losses and their recovery prospects.
Oppenheimer agreed to pay more than $35 million to settle the SEC’s charges.
“Mutual fund providers have an obligation to clearly and accurately convey the strategies and risks of the products they sell,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “Candor, not wishful thinking, should drive communications with investors, particularly during times of market stress.”
Julie Lutz, Associate Director of the SEC’s Denver Regional Office, added, “These Oppenheimer funds had to sell bonds at the worst possible time to raise cash for TRS contract payments and cut their CMBS exposure to limit future losses. Yet, the message that Oppenheimer conveyed to investors was that the funds were maintaining their positions and the losses were recoverable.”
According to the SEC’s order instituting settled administrative proceedings against OppenheimerFunds and OppenheimerFunds Distributor Inc., the TRS contracts allowed the two funds to gain substantial exposure to commercial mortgages without purchasing actual bonds. But they also created large amounts of leverage in the funds. Beginning in mid-September 2008, steep CMBS market declines drove down the net asset values (NAVs) of both funds. These losses forced Oppenheimer to raise cash for month-end TRS contract payments by selling securities into an increasingly illiquid market.
According to the SEC’s order, the funds’ portfolio managers under instruction from senior management began executing a plan in mid-November to reduce CMBS exposure. Just as they began to do so, however, the CMBS market collapse accelerated, creating staggering cash liabilities for the funds and driving their NAVs even lower.
The SEC’s order found that continued CMBS declines forced the funds to sell more portfolio securities in order to raise cash for anticipated TRS contract payments. This task became increasingly difficult for the Champion fund, ultimately prompting Oppenheimer to make a $150 million cash infusion into the fund on November 21. Over the next two weeks, the funds continued to reduce their CMBS exposure to avoid further losses.
According to the SEC’s order, Oppenheimer advanced several misleading messages when responding to questions in the midst of these events. For instance, Oppenheimer
communicated to financial advisers (whose clients were invested in the funds) and fund shareholders directly that the funds had only suffered paper losses and their holdings and strategies remained intact. Oppenheimer also stressed that absent actual defaults, the funds would continue collecting payments on the funds’ bonds as they waited for markets to recover. These communications were materially misleading because the funds were committed to substantially reducing their CMBS exposure, which dampened their prospects for recovering CMBS-induced losses. Moreover, the funds had been forced to sell significant portions of their bond holdings to raise cash for anticipated TRS contract payments, resulting in realized investment losses and lost future income from the bonds.
The SEC’s investigation found that the Champion fund’s 2008 prospectus was materially misleading in describing the fund’s “main” investments in high-yield bonds without adequately disclosing the fund’s practice of assuming substantial leverage on top of those investments. While the prospectus disclosed that the fund “invested” in “swaps” and other derivatives “to try to enhance income or to try to manage investment risk,” it did not adequately disclose that the fund could use derivatives to such an extent that the fund’s total investment exposure could far exceed the value of its portfolio securities and, therefore, that its investment returns could depend primarily upon the performance of bonds that it did not own.
The SEC’s order finds that OppenheimerFunds violated Section 34(b) of the Investment Company Act of 1940, Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 (Securities Act), and Section 206(4) of the Investment Advisers Act of 1940 and Rule 205(4)-8 promulgated thereunder. The order finds that OppenheimerFunds Distributor violated Sections 17(a)(2) and 17(a)(3) of the Securities Act.
Without admitting or denying the SEC’s findings, OppenheimerFunds agreed to pay a penalty of $24 million, disgorgement of $9,879,706, and prejudgment interest of $1,487,190. This money will be deposited into a fund for the benefit of investors. OppenheimerFunds and OppenheimerFunds Distributor also agreed to provisions in the order censuring them and directing them to cease and desist from committing or causing any violations or future violations of these statutes and rules.
The SEC’s investigation was conducted by Coates Lear, Jeffrey E. Oraker, Hugh C. Beck, Patricia E. Foley, and Mary S. Brady in the Denver Regional Office. The related examination of Oppenheimer was conducted by Francesco Spinella, Tracy O’Sullivan, C. Michael Hooper, Kathleen A. Raimondi, and Paula S. Weisz under the supervision of branch chief Kenneth O’Connor and assistant director Dawn Blankenship in the New York Regional Office.
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