FROM: U.S. JUSTICE DEPARTMENT
Tuesday, August 7, 2012
United States Joins Lawsuit Against San Francisco Area’s North East Medical Services
Federally Qualified Healthcare Clinic Allegedly Failed to Report Income to Increase Medicaid Reimbursement
The United States has joined a whistleblower action pending in the Northern District of California against the federally-qualified health center (FQHC), North East Medical Services (NEMS), alleging that the center under-reported income it received from a managed care organization in order to artificially inflate reimbursements it received from the California Medicaid program, the Justice Department announced today. North East serves the San Francisco Bay area.
FQHCs are "safety net" community clinics certified under federal law and licensed under state law to provide medical care to poor and under-served populations. As such a health center, North East Medical Services is entitled to special payments from the California Medicaid program (Medi-Cal) that are significantly more generous than typical Medicaid payments. However, in order to receive these additional payments, NEMS must submit annual reports to Medi-Cal stating the total amount it actually received during the preceding year from any source for treating Medi-Cal enrollees. Medi-Cal then subtracts that amount from the amount that NEMS is entitled to receive as an FQHC and pays NEMS the difference. The government alleges that NEMS significantly under-reported payments it received from a managed care organization for treating Medi-Cal beneficiaries in order to artificially inflate the payments it received from Medi-Cal.
"As health care costs continue to rise, it is more important than ever that health care providers report accurate information to federal and state health care programs," said Stuart Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division. "The Department of Justice is committed to cracking down on improper accounting practices such as those alleged in this case, which undermine the integrity of these health care programs and increase the costs of health care for the rest of us."
"Filing claims that improperly inflate reimbursement amounts means there are less funds available for people in need," said Melinda Haag, U.S. Attorney for the Northern District of California. "My office views the actions this defendant allegedly committed as a serious breach of the responsibilities healthcare organizations owe to people in need of medical care and also to the taxpayers who fund these programs. We are committed to doing everything in our power to protect the integrity of the healthcare system."
The whistleblower action, captioned United States ex rel. Trinh v. North East Medical Services, Inc. Civil Action No. 10-1904 (N.D. Cal.), was filed under the qui tam provisions of the False Claims Act. The False Claims Act allows for private persons to file actions to provide the government information about wrongdoing. Under the statute, if it is established that a person has submitted or caused others to submit false or fraudulent claims to the United States, the government can recover treble damages and $5,500 to $11,000 for each false or fraudulent claim filed. If the government is successful in resolving or litigating its claims, the whistleblower who initiated the action can receive a share of between 15 percent to 25 percent of the amount recovered.
The whistleblower action contained additional allegations. However, the United States is intervening only with regard to allegations that NEMS failed to report certain income on annual reports to Medi-Cal.
The investigation was conducted by the Civil Division of the U.S. Department of Justice, the U.S. Attorney’s Office for the Northern District of California, the Office of Inspector General of the Department of Health and Human Services, and the California Attorney General’s Office.
The claims asserted in the complaint against NEMS are allegations only, and there has been no determination of liability.
A PUBLICATION OF RANDOM U.S.GOVERNMENT PRESS RELEASES AND ARTICLES
Wednesday, August 8, 2012
SEC. OF STATE CLINTON'S REMARKS IN SOUTH AFRICA
FROM: U.S. STATE DEPARTMENT
Remarks at Meeting With U.S. and South African Business Leaders
Remarks
Hillary Rodham Clinton
Secretary of State
Department of International Relations and Cooperation
Pretoria, South Africa
August 7, 2012
Thank you very much, Deputy Director General, and thanks to the two ministers who together, I think, have laid out a very ambitious and promising framework for this growing relationship on the business, trade, and investment side to continue to do so. I want to thank the Department of International Relations and Cooperation and my friend and colleague, Minister Mashabane, and the Department of Trade and Industry and Minister Davies for hosting today’s meeting. I’m delighted to see so many high-ranking American officials and American representatives of business here today.
I appreciate Minister Davies reminding us what I do believe is the keystone to our relationship, and that is that the United States, in our strategy towards Sub-Saharan Africa, is working to build partnerships that add value rather than extract it. And that means that we want to spur efforts for greater economic growth through increased trade and investment in the region. Now we don’t come at this from some kind of altruistic prospectus. We actually think that this is good for American business. We think a strong, thriving economy in South Africa and in the region is good for the people in those countries, and that helps to build a more prosperous, peaceful region and world. That’s in everyone’s interests.
We think increased trade and investment will help create jobs and strengthen economies, and at the same time, help us to reduce poverty and create stability. It also gives us a chance to undergird our very broad strategic relationship with South Africa by the kind of economic growth that is necessary in any democracy. We believe in democracy, our two countries. We’re committed to it. But we also know democracy has to deliver, and when it doesn’t deliver, that raises questions in people’s minds. The best way to answer those questions is for government and business working together in a public-private partnership to deliver the kind of results that both of our peoples deserve.
I’d like to describe just a few steps that we’re taking to strengthen our relationships and why our ties to South Africa are central to this effort. As you’ve already heard, we share a strong economic relationship to build on. The United States exported more than $7 billion to South Africa in 2011, a 30 percent increase from the previous year. This country is obviously our largest export market and largest recipient of foreign direct investment in Sub-Saharan Africa. At the same time, South African exports to the United States are also increasing by double-digit percentages on a yearly basis. And that 22 billion that represents our two-way trade in 2011 is a 21 percent increase over the prior year.
We’ve heard the number 600 representing the American businesses that have put down roots in this country, but that is growing and we encourage that growth. For instance, Amazon.com recently opened a new customer care center in Cape Town employing 500 people, and Amazon plans to hire 1,000 more by 2013. Or One World Clean Energy, a renewable energy company based in Louisville, Kentucky. One World has built a biorefinery that can simultaneously produce electricity, natural gas, ethanol, and biodiesel from organic material. And this project will employ 250 people in South Africa and also teach us both more about what we need to do to achieve clean, renewable energy. We also know that more American companies are ready to do business here, as the people in this room clearly represent. And as the South African Government works to meet its own infrastructure and energy challenges, there are many new opportunities for trade and investment.
Over the next 20 years, the South African Government aims to double its energy production capacity, more than 40 percent of which they intend to have coming from renewable energy sources. Significant investments will be needed during that time to achieve these kinds of energy goals and also to achieve the goals focused on improving South Africa’s transportation infrastructure.
For our part, the United States Government is taking steps to help American businesses play a role in that effort. A wide range of government stakeholders is helping to strengthen our economic relationship, from USAID to the Trade and Development Agency to the Foreign Commercial Service. And we are working on what I call economic statecraft, trying to bring our entire government together so that it works in a more seamless way to achieve the goals that we have set. That’s why the Export-Import Bank signed a $2 billion declaration of intent with the Industrial Development Corporation of South Africa to provide financing of U.S. clean energy exports to South Africa to support the infrastructure improvement efforts.
Additionally, USAID recently announced $150 million of support for small and medium enterprises. This initiative targets our development assistance where it will do the most good for the South African economy. SMEs represent 50 percent of South African GDP and nearly 60 percent of the workforce, and too often we have a kind of split picture. We work with large corporations, some of whom are represented here, who are able to really have an impact in a market. We support microfinance for very small enterprises, often one/two people. But we don’t pay enough attention to where most of the business comes from, and most of the people are employed in so-called small and medium sized enterprises. And we intend to work with you to try to overcome that.
The U.S. Trade and Development Agency and the South African Department of Transportation are also launching the U.S.-South Africa Aviation Partnership. This effort aims to build South Africa’s aviation workforce and build closer ties between our aviation sectors.
And finally, just last month our Overseas Private Investment Corporation approved $65 million in financing for a new private equity investment fund for South African small businesses. The fund will be managed by one of this country’s most experienced middle market private equity funds managers with strong black economic empowerment credentials.
So we will continue to look for more ways to deepen our economic partnership with South Africa. And I look forward to working with all of you in the future, because I really believe that this kind of effort of meeting and working and networking and building those relationships is really at the core of being able to achieve what both ministers and I have talked about in broad strokes today. Ultimately it’s up to you, the businesses you create, the people you employ, the profits you make that then get plowed back in to creating even more growth and prosperity. And that’s the goal that we all seek.
Thank you. (Applause.)
Remarks at Meeting With U.S. and South African Business Leaders
Remarks
Hillary Rodham Clinton
Secretary of State
Department of International Relations and Cooperation
Pretoria, South Africa
August 7, 2012
Thank you very much, Deputy Director General, and thanks to the two ministers who together, I think, have laid out a very ambitious and promising framework for this growing relationship on the business, trade, and investment side to continue to do so. I want to thank the Department of International Relations and Cooperation and my friend and colleague, Minister Mashabane, and the Department of Trade and Industry and Minister Davies for hosting today’s meeting. I’m delighted to see so many high-ranking American officials and American representatives of business here today.
I appreciate Minister Davies reminding us what I do believe is the keystone to our relationship, and that is that the United States, in our strategy towards Sub-Saharan Africa, is working to build partnerships that add value rather than extract it. And that means that we want to spur efforts for greater economic growth through increased trade and investment in the region. Now we don’t come at this from some kind of altruistic prospectus. We actually think that this is good for American business. We think a strong, thriving economy in South Africa and in the region is good for the people in those countries, and that helps to build a more prosperous, peaceful region and world. That’s in everyone’s interests.
We think increased trade and investment will help create jobs and strengthen economies, and at the same time, help us to reduce poverty and create stability. It also gives us a chance to undergird our very broad strategic relationship with South Africa by the kind of economic growth that is necessary in any democracy. We believe in democracy, our two countries. We’re committed to it. But we also know democracy has to deliver, and when it doesn’t deliver, that raises questions in people’s minds. The best way to answer those questions is for government and business working together in a public-private partnership to deliver the kind of results that both of our peoples deserve.
I’d like to describe just a few steps that we’re taking to strengthen our relationships and why our ties to South Africa are central to this effort. As you’ve already heard, we share a strong economic relationship to build on. The United States exported more than $7 billion to South Africa in 2011, a 30 percent increase from the previous year. This country is obviously our largest export market and largest recipient of foreign direct investment in Sub-Saharan Africa. At the same time, South African exports to the United States are also increasing by double-digit percentages on a yearly basis. And that 22 billion that represents our two-way trade in 2011 is a 21 percent increase over the prior year.
We’ve heard the number 600 representing the American businesses that have put down roots in this country, but that is growing and we encourage that growth. For instance, Amazon.com recently opened a new customer care center in Cape Town employing 500 people, and Amazon plans to hire 1,000 more by 2013. Or One World Clean Energy, a renewable energy company based in Louisville, Kentucky. One World has built a biorefinery that can simultaneously produce electricity, natural gas, ethanol, and biodiesel from organic material. And this project will employ 250 people in South Africa and also teach us both more about what we need to do to achieve clean, renewable energy. We also know that more American companies are ready to do business here, as the people in this room clearly represent. And as the South African Government works to meet its own infrastructure and energy challenges, there are many new opportunities for trade and investment.
Over the next 20 years, the South African Government aims to double its energy production capacity, more than 40 percent of which they intend to have coming from renewable energy sources. Significant investments will be needed during that time to achieve these kinds of energy goals and also to achieve the goals focused on improving South Africa’s transportation infrastructure.
For our part, the United States Government is taking steps to help American businesses play a role in that effort. A wide range of government stakeholders is helping to strengthen our economic relationship, from USAID to the Trade and Development Agency to the Foreign Commercial Service. And we are working on what I call economic statecraft, trying to bring our entire government together so that it works in a more seamless way to achieve the goals that we have set. That’s why the Export-Import Bank signed a $2 billion declaration of intent with the Industrial Development Corporation of South Africa to provide financing of U.S. clean energy exports to South Africa to support the infrastructure improvement efforts.
Additionally, USAID recently announced $150 million of support for small and medium enterprises. This initiative targets our development assistance where it will do the most good for the South African economy. SMEs represent 50 percent of South African GDP and nearly 60 percent of the workforce, and too often we have a kind of split picture. We work with large corporations, some of whom are represented here, who are able to really have an impact in a market. We support microfinance for very small enterprises, often one/two people. But we don’t pay enough attention to where most of the business comes from, and most of the people are employed in so-called small and medium sized enterprises. And we intend to work with you to try to overcome that.
The U.S. Trade and Development Agency and the South African Department of Transportation are also launching the U.S.-South Africa Aviation Partnership. This effort aims to build South Africa’s aviation workforce and build closer ties between our aviation sectors.
And finally, just last month our Overseas Private Investment Corporation approved $65 million in financing for a new private equity investment fund for South African small businesses. The fund will be managed by one of this country’s most experienced middle market private equity funds managers with strong black economic empowerment credentials.
So we will continue to look for more ways to deepen our economic partnership with South Africa. And I look forward to working with all of you in the future, because I really believe that this kind of effort of meeting and working and networking and building those relationships is really at the core of being able to achieve what both ministers and I have talked about in broad strokes today. Ultimately it’s up to you, the businesses you create, the people you employ, the profits you make that then get plowed back in to creating even more growth and prosperity. And that’s the goal that we all seek.
Thank you. (Applause.)
THE PATTERNS NATURE OF PLANET EARTH AND LIFE
Photo: Huricane Irene. Credit: NASA
FROM: NATIONAL SCIENCE FOUNDATION
Tale of Two Scientific Fields--Ecology and Phylogenetics--Offers New Views of Earth's Biodiversity
Patterns in nature are in everything from ocean currents to a flower's petal.
Scientists are taking a new look at Earth patterns, studying the biodiversity of yard plants in the U.S. and that of desert mammals in Israel, studying where flowers and bees live on the Tibetan plateau and how willow trees in America's Midwest make use of water.
They're finding that ecology, the study of relationships between living organisms and their environment, and phylogenetics, research on evolutionary relationships among groups of organisms, are inextricably intertwined.
Results of this tale of two fields are highlighted in a special, August 2012 issue of the journal Ecology, published by the Ecological Society of America (ESA). Most of the results reported are funded by the National Science Foundation (NSF).
The issue will be released at the annual ESA meeting, held this year from August 5-10 in Portland, Ore.
Melding information from ecology and phylogenetics allows scientists to understand why plants and animals are distributed in certain patterns across landscapes, how these species adapt to changing environments across evolutionary time--and where their populations may be faltering.
"To understand the here and now, ecologists need more knowledge of the past," says Saran Twombly, program director in NSF's Division of Environmental Biology. "Incorporating evolutionary history and phylogenies into studies of community ecology is revealing complex feedbacks between ecological and evolutionary processes."
Maureen Kearney, also a program director in NSF's Division of Environmental Biology adds, "Recent studies have demonstrated that species' evolutionary histories can have profound effects on the contemporary structure and composition of ecological communities."
In the face of rapid changes in Earth's biota, understanding the evolutionary processes that drive patterns of species diversity and coexistence in ecosystems has never been more pressing, write co-editors Jeannine Cavender-Bares of the University of Minnesota, David Ackerly of the University of California at Berkeley and Kenneth Kozak of the University of Minnesota.
"As human domination of our planet accelerates," says Cavender-Bares, "our best hope for restoring and sustaining the ‘environmental services' of the biological world is to understand how organisms assemble, persist and coexist in ecosystems across the globe."
Papers in the volume address subjects such as the vanishingly rare oak savanna ecosystem of U.S. northern tier states, revealing an ancient footprint of history on the savanna as well as how it has fared in a 40-year fire experiment.
Other results cover the influence of ecological and evolutionary factors on hummingbird populations; habitat specialization in willow tree communities; growth strategies in tropical tree lineages and their implications for biodiversity in the Amazon region; and the characteristics of common urban plants.
"The studies in this issue show that knowledge of how organisms evolve reveals new insights into the ecology and persistence of species," says Cavender-Bares.
Plants in urban yards, for example, are more closely related to each other--and live shorter lives--than do plants in rural areas, found Cavender-Bares and colleagues.
Their study compared plant diversity in private urban yards in the U.S. Midwest with that in the rural NSF Cedar Creek Long-Term Ecological Research site in Minnesota.
Cities are growing faster and faster, with unexpected effects, says Sonja Knapp of the Hemholtz Center for Environmental Research in Germany, lead author of the paper reporting the results.
"Understanding how urban gardening affects biodiversity is increasingly important," says Cavender-Bares. "Urbanites should consider maintaining yards with a higher number of species."
In the special issue, researchers also look at topics such as what determines the number of coexisting species in local and regional communities of salamanders. Kenneth Kozak of the University of Minnesota and John Wiens of Stony Brook University report that variation in the amount of time salamanders occupy different climate zones is the primary factor.
Evolution of an herbaceous flower called goldfields, and how that led to the plant's affinity for certain habitats, is the subject of a paper by David Ackerly, Nancy Emery of Purdue University and colleagues. Emery is the paper's lead author.
FROM: NATIONAL SCIENCE FOUNDATION
Tale of Two Scientific Fields--Ecology and Phylogenetics--Offers New Views of Earth's Biodiversity
Patterns in nature are in everything from ocean currents to a flower's petal.
Scientists are taking a new look at Earth patterns, studying the biodiversity of yard plants in the U.S. and that of desert mammals in Israel, studying where flowers and bees live on the Tibetan plateau and how willow trees in America's Midwest make use of water.
They're finding that ecology, the study of relationships between living organisms and their environment, and phylogenetics, research on evolutionary relationships among groups of organisms, are inextricably intertwined.
Results of this tale of two fields are highlighted in a special, August 2012 issue of the journal Ecology, published by the Ecological Society of America (ESA). Most of the results reported are funded by the National Science Foundation (NSF).
The issue will be released at the annual ESA meeting, held this year from August 5-10 in Portland, Ore.
Melding information from ecology and phylogenetics allows scientists to understand why plants and animals are distributed in certain patterns across landscapes, how these species adapt to changing environments across evolutionary time--and where their populations may be faltering.
"To understand the here and now, ecologists need more knowledge of the past," says Saran Twombly, program director in NSF's Division of Environmental Biology. "Incorporating evolutionary history and phylogenies into studies of community ecology is revealing complex feedbacks between ecological and evolutionary processes."
Maureen Kearney, also a program director in NSF's Division of Environmental Biology adds, "Recent studies have demonstrated that species' evolutionary histories can have profound effects on the contemporary structure and composition of ecological communities."
In the face of rapid changes in Earth's biota, understanding the evolutionary processes that drive patterns of species diversity and coexistence in ecosystems has never been more pressing, write co-editors Jeannine Cavender-Bares of the University of Minnesota, David Ackerly of the University of California at Berkeley and Kenneth Kozak of the University of Minnesota.
"As human domination of our planet accelerates," says Cavender-Bares, "our best hope for restoring and sustaining the ‘environmental services' of the biological world is to understand how organisms assemble, persist and coexist in ecosystems across the globe."
Papers in the volume address subjects such as the vanishingly rare oak savanna ecosystem of U.S. northern tier states, revealing an ancient footprint of history on the savanna as well as how it has fared in a 40-year fire experiment.
Other results cover the influence of ecological and evolutionary factors on hummingbird populations; habitat specialization in willow tree communities; growth strategies in tropical tree lineages and their implications for biodiversity in the Amazon region; and the characteristics of common urban plants.
"The studies in this issue show that knowledge of how organisms evolve reveals new insights into the ecology and persistence of species," says Cavender-Bares.
Plants in urban yards, for example, are more closely related to each other--and live shorter lives--than do plants in rural areas, found Cavender-Bares and colleagues.
Their study compared plant diversity in private urban yards in the U.S. Midwest with that in the rural NSF Cedar Creek Long-Term Ecological Research site in Minnesota.
Cities are growing faster and faster, with unexpected effects, says Sonja Knapp of the Hemholtz Center for Environmental Research in Germany, lead author of the paper reporting the results.
"Understanding how urban gardening affects biodiversity is increasingly important," says Cavender-Bares. "Urbanites should consider maintaining yards with a higher number of species."
In the special issue, researchers also look at topics such as what determines the number of coexisting species in local and regional communities of salamanders. Kenneth Kozak of the University of Minnesota and John Wiens of Stony Brook University report that variation in the amount of time salamanders occupy different climate zones is the primary factor.
Evolution of an herbaceous flower called goldfields, and how that led to the plant's affinity for certain habitats, is the subject of a paper by David Ackerly, Nancy Emery of Purdue University and colleagues. Emery is the paper's lead author.
SEC CHARGES PFIZER INC. WITH VIOLATING THE FOREIGN CORRUPT PRACTICES ACT IN SEVERAL COUNTRIES
Washington, D.C., Aug. 7, 2012 – The Securities and Exchange
Commission today charged Pfizer Inc. with violating the Foreign Corrupt
Practices Act (FCPA) when its subsidiaries bribed doctors and other health care
professionals employed by foreign governments in order to win business.
The SEC alleges that employees and agents of Pfizer’s subsidiaries in Bulgaria, China, Croatia, Czech Republic, Italy, Kazakhstan, Russia, and Serbia made improper payments to foreign officials to obtain regulatory and formulary approvals, sales, and increased prescriptions for the company’s pharmaceutical products. They tried to conceal the bribery by improperly recording the transactions in accounting records as legitimate expenses for promotional activities, marketing, training, travel and entertainment, clinical trials, freight, conferences, and advertising.
The SEC separately charged another pharmaceutical company that Pfizer acquired a few years ago – Wyeth LLC – with its own FCPA violations. Pfizer and Wyeth agreed to separate settlements in which they will pay more than $45 million combined to settle their respective charges. In a parallel action, the Department of Justice announced that Pfizer H.C.P. Corporation agreed to pay a $15 million penalty to resolve its investigation of FCPA violations.
“Pfizer subsidiaries in several countries had bribery so entwined in their sales culture that they offered points and bonus programs to improperly reward foreign officials who proved to be their best customers,” said Kara Brockmeyer, Chief of the SEC Enforcement Division’s Foreign Corrupt Practices Act Unit. “These charges illustrate the pitfalls that exist for companies that fail to appropriately monitor potential risks in their global operations.”
According to the SEC’s complaint against Pfizer filed in U.S. District Court for the District of Columbia, the misconduct dates back as far as 2001. Employees of Pfizer’s subsidiaries authorized and made cash payments and provided other incentives to bribe government doctors to utilize Pfizer products. In China, for example, Pfizer employees invited “high-prescribing doctors” in the Chinese government to club-like meetings that included extensive recreational and entertainment activities to reward doctors’ past product sales or prescriptions. Pfizer China also created various “point programs” under which government doctors could accumulate points based on the number of Pfizer prescriptions they wrote. The points were redeemed for various gifts ranging from medical books to cell phones, tea sets, and reading glasses. In Croatia, Pfizer employees created a “bonus program” for Croatian doctors who were employed in senior positions in Croatian government health care institutions. Once a doctor agreed to use Pfizer products, a percentage of the value purchased by a doctor’s institution would be funneled back to the doctor in the form of cash, international travel, or free products.
According to the SEC’s complaint, Pfizer made an initial voluntary disclosure of misconduct by its subsidiaries to the SEC and Department of Justice in October 2004, and fully cooperated with SEC investigators. Pfizer took such extensive remedial actions as undertaking a comprehensive worldwide review of its compliance program.
The SEC further alleges that Wyeth subsidiaries engaged in FCPA violations primarily before but also after the company’s acquisition by Pfizer in late 2009. Starting at least in 2005, subsidiaries marketing Wyeth nutritional products in China, Indonesia, and Pakistan bribed government doctors to recommend their products to patients by making cash payments or in some cases providing BlackBerrys and cell phones or travel incentives. They often used fictitious invoices to conceal the true nature of the payments. In Saudi Arabia, Wyeth’s subsidiary made an improper cash payment to a customs official to secure the release of a shipment of promotional items used for marketing purposes. The promotional items were held in port because Wyeth Saudi Arabia had failed to secure a required Saudi Arabian Standards Organization Certificate of Conformity.
Following Pfizer’s acquisition of Wyeth, Pfizer undertook a risk-based FCPA due diligence review of Wyeth’s global operations and voluntarily reported the findings to the SEC staff. Pfizer diligently and promptly integrated Wyeth’s legacy operations into its compliance program and cooperated fully with SEC investigators.
In settling the SEC’s charges, Pfizer and Wyeth neither admitted nor denied the allegations. Pfizer consented to the entry of a final judgment ordering it to pay disgorgement of $16,032,676 in net profits and prejudgment interest of $10,307,268 for a total of $26,339,944. Wyeth also is required to report to the SEC on the status of its remediation and implementation of compliance measures over a two-year period, and is permanently enjoined from further violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934. Wyeth consented to the entry of a final judgment ordering it to pay disgorgement of $17,217,831 in net profits and prejudgment interest of $1,658,793, for a total of $18,876,624. As a Pfizer subsidiary, the status of Wyeth’s remediation and implementation of compliance measures will be subsumed in Pfizer’s two-year self-reporting period. Wyeth also is permanently enjoined from further violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act. The settlements are subject to court approval.
The SEC’s investigation was conducted by Michael Catoe and Charles Cain of the Enforcement Division’s FCPA Unit. The SEC acknowledges the assistance of the U.S. Department of Justice’s Criminal Division’s Fraud Section and the Federal Bureau of Investigation in this matter.
The SEC alleges that employees and agents of Pfizer’s subsidiaries in Bulgaria, China, Croatia, Czech Republic, Italy, Kazakhstan, Russia, and Serbia made improper payments to foreign officials to obtain regulatory and formulary approvals, sales, and increased prescriptions for the company’s pharmaceutical products. They tried to conceal the bribery by improperly recording the transactions in accounting records as legitimate expenses for promotional activities, marketing, training, travel and entertainment, clinical trials, freight, conferences, and advertising.
The SEC separately charged another pharmaceutical company that Pfizer acquired a few years ago – Wyeth LLC – with its own FCPA violations. Pfizer and Wyeth agreed to separate settlements in which they will pay more than $45 million combined to settle their respective charges. In a parallel action, the Department of Justice announced that Pfizer H.C.P. Corporation agreed to pay a $15 million penalty to resolve its investigation of FCPA violations.
“Pfizer subsidiaries in several countries had bribery so entwined in their sales culture that they offered points and bonus programs to improperly reward foreign officials who proved to be their best customers,” said Kara Brockmeyer, Chief of the SEC Enforcement Division’s Foreign Corrupt Practices Act Unit. “These charges illustrate the pitfalls that exist for companies that fail to appropriately monitor potential risks in their global operations.”
According to the SEC’s complaint against Pfizer filed in U.S. District Court for the District of Columbia, the misconduct dates back as far as 2001. Employees of Pfizer’s subsidiaries authorized and made cash payments and provided other incentives to bribe government doctors to utilize Pfizer products. In China, for example, Pfizer employees invited “high-prescribing doctors” in the Chinese government to club-like meetings that included extensive recreational and entertainment activities to reward doctors’ past product sales or prescriptions. Pfizer China also created various “point programs” under which government doctors could accumulate points based on the number of Pfizer prescriptions they wrote. The points were redeemed for various gifts ranging from medical books to cell phones, tea sets, and reading glasses. In Croatia, Pfizer employees created a “bonus program” for Croatian doctors who were employed in senior positions in Croatian government health care institutions. Once a doctor agreed to use Pfizer products, a percentage of the value purchased by a doctor’s institution would be funneled back to the doctor in the form of cash, international travel, or free products.
According to the SEC’s complaint, Pfizer made an initial voluntary disclosure of misconduct by its subsidiaries to the SEC and Department of Justice in October 2004, and fully cooperated with SEC investigators. Pfizer took such extensive remedial actions as undertaking a comprehensive worldwide review of its compliance program.
The SEC further alleges that Wyeth subsidiaries engaged in FCPA violations primarily before but also after the company’s acquisition by Pfizer in late 2009. Starting at least in 2005, subsidiaries marketing Wyeth nutritional products in China, Indonesia, and Pakistan bribed government doctors to recommend their products to patients by making cash payments or in some cases providing BlackBerrys and cell phones or travel incentives. They often used fictitious invoices to conceal the true nature of the payments. In Saudi Arabia, Wyeth’s subsidiary made an improper cash payment to a customs official to secure the release of a shipment of promotional items used for marketing purposes. The promotional items were held in port because Wyeth Saudi Arabia had failed to secure a required Saudi Arabian Standards Organization Certificate of Conformity.
Following Pfizer’s acquisition of Wyeth, Pfizer undertook a risk-based FCPA due diligence review of Wyeth’s global operations and voluntarily reported the findings to the SEC staff. Pfizer diligently and promptly integrated Wyeth’s legacy operations into its compliance program and cooperated fully with SEC investigators.
In settling the SEC’s charges, Pfizer and Wyeth neither admitted nor denied the allegations. Pfizer consented to the entry of a final judgment ordering it to pay disgorgement of $16,032,676 in net profits and prejudgment interest of $10,307,268 for a total of $26,339,944. Wyeth also is required to report to the SEC on the status of its remediation and implementation of compliance measures over a two-year period, and is permanently enjoined from further violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934. Wyeth consented to the entry of a final judgment ordering it to pay disgorgement of $17,217,831 in net profits and prejudgment interest of $1,658,793, for a total of $18,876,624. As a Pfizer subsidiary, the status of Wyeth’s remediation and implementation of compliance measures will be subsumed in Pfizer’s two-year self-reporting period. Wyeth also is permanently enjoined from further violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act. The settlements are subject to court approval.
The SEC’s investigation was conducted by Michael Catoe and Charles Cain of the Enforcement Division’s FCPA Unit. The SEC acknowledges the assistance of the U.S. Department of Justice’s Criminal Division’s Fraud Section and the Federal Bureau of Investigation in this matter.
LOUGHNER PLEADS GUILTY IN TOCSON SHOOTING
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, August 7, 2012
Jared Lee Loughner Pleads Guilty to Federal Charges in Tucson Shooting
Loughner Faces Life in Prison Without Possibility Of Release
Jared Lee Loughner, 23, of Tucson, Ariz., pleaded guilty today in federal district court to charges stemming from the January 8, 2011 shooting outside a supermarket that killed six people and wounded 13 others. Under the terms of the plea agreement, Loughner will be sentenced to life in prison with no eligibility for parole.
"It is my hope that this decision will allow the Tucson community, and the nation, to continue the healing process free of what would likely be extended trial and pre-trial proceedings that would not have a certain outcome. The prosecutors and agents assigned to this matter have done an outstanding job and have ensured that justice has been done," said Attorney General Eric Holder. "In making the determination not to seek the death penalty, I took into consideration the views of the victims and survivor families, the recommendations of the prosecutors assigned to the case, and the applicable law."
"Given the defendant’s history of significant mental illness, this plea agreement, which requires the defendant to spend the remainder of his natural life in prison, with no possibility of parole, is a just and appropriate resolution of this case," said U.S. Attorney John S. Leonardo. "I hope that today’s resolution of this case will help the victims, their families, and the entire Tucson community take another step forward in the process of healing and recovering from this sad and tragic event."
"Today, we remember the victims and their families who tragically lost their lives on January 8, 2011, as well as those in the Tucson community who were greatly affected by this senseless tragedy," stated FBI Special Agent in Charge James L. Turgal Jr., Phoenix Division. "I would like to thank the Pima County Sheriff’s Office and the United States Attorney’s Office who we worked side-by-side with on every aspect of this joint investigation. I would also like to thank all of our federal, state and local law enforcement partners for their tireless efforts in this case. The partnerships that we have throughout Arizona enabled the FBI to have a coordinated response which resulted in a comprehensive and thorough investigation—all which has led up to today’s plea agreement."
According to the plea agreement, on Jan. 8, 2011, Loughner showed up at Congresswoman Gabrielle Giffords’ "Congress on Your Corner" event outside the Safeway grocery store in Tucson armed with a loaded semi-automatic pistol and carrying three additional magazines containing 60 rounds of ammunition with the intent of killing Congresswoman Giffords and others attending her community event.
Shortly after arriving at the event that Saturday morning, Loughner shot Congresswoman Giffords in the head, and then shot several other people who were in attendance. As a result of the shooting, six individuals were killed and 13 people, including Congresswoman Giffords were injured, some seriously.
Through a plea agreement, Loughner pleaded guilty to 19 counts of the superseding indictment handed down March 3, 2011, consisting of the following crimes:
· The attempted assassination of U.S. Congresswoman Gabrielle D. Giffords;
· The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman;
· The attempted murders of federal employees and Congressional Aides Ronald S. Barber and Pamela K. Simon;
· Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Schneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States;
· Injuring through the use of a Glock pistol Bill D. Badger, Kenneth W. Dorushka, James E. Fuller, Randy W. Gardner, Susan A. Hileman, George S. Morris, Mary C. Reed, Mavanell Stoddard, James L. Tucker, and Kenneth L. Veeder, Sr., all of whom were participants at an activity provided by the United States;
Loughner also admitted that in committing these offenses, he knowingly created a grave risk of death to Carol A. Dorushka, Robert C. Gawlick, Daniel Hernandez, Mark S. Kimble, Patricia R. Maisch, Emma E. McMahon, Owen A. McMahon, Thomas J. McMahon, Sara M. Rajca, Faith M. Salzgeber, Roger D. Salzgeber, Doris Tucker and Alexander J. Villec.
Under the terms of the plea agreement, Loughner will be sentenced to seven consecutive life sentences, followed by 140 years in prison, as follows:
Loughner will be sentenced to a term of life in prison for each of the following crimes:
· The attempted assassination of Congresswoman Gabrielle D. Giffords;
· The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman; and
· Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Shneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States.
Loughner will also be sentenced to the maximum term of 20 years in prison for each of the attempted murders of Congressional Aides Ronald S. Barber and Pamela K. Simon.
Finally, Loughner will be sentenced to the maximum term of 10 years in prison for injuring through the use of a Glock pistol each of the following:
Bill D. Badger;
· Kenneth W. Dorushka;
· James E. Fuller;
· Randy W. Gardner;
· Susan A. Hileman;
· George S. Morris;
· Mary C. Reed;
· Mavanell Stoddard;
· James L. Tucker; and
· Kenneth L. Veeder, Sr.
Convictions for the attempted assassination of a member of Congress, the murder of a federal employee, and causing the death of a participant in a federally-provided activity each carry a maximum sentence of life in prison ( or death in the case of murder), a $250,000 fine or both. A conviction for the attempted murder of a federal employee carries a maximum penalty of 20 years in prison, a $250,000 fine or both. A conviction for injuring a participant in a federally-provided activity carries a maximum penalty of 10 years in prison, a $250,000 fine or both. In determining an actual sentence, U.S. District Judge Larry A. Burns will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
Sentencing is set before Judge Burns on November 15, 2012, at 10:00 am in Tucson.
The investigation in this case was conducted by the FBI and the Pima County, Ariz., Sheriff’s Office. The prosecution is being handled by Wallace H. Kleindenst and Mary Sue Feldmeier, Assistant U.S. Attorneys, District of Arizona, Tucson, with the assistance of C.J. Williams, who served as trial attorney with the Department of Justice’s Criminal Division, Christina M. Cabanillas, Appellate Chief, and Bruce Ferg, Assistant U.S. Attorney (Appellate), District of Arizona, Tucson.
Tuesday, August 7, 2012
Jared Lee Loughner Pleads Guilty to Federal Charges in Tucson Shooting
Loughner Faces Life in Prison Without Possibility Of Release
Jared Lee Loughner, 23, of Tucson, Ariz., pleaded guilty today in federal district court to charges stemming from the January 8, 2011 shooting outside a supermarket that killed six people and wounded 13 others. Under the terms of the plea agreement, Loughner will be sentenced to life in prison with no eligibility for parole.
"It is my hope that this decision will allow the Tucson community, and the nation, to continue the healing process free of what would likely be extended trial and pre-trial proceedings that would not have a certain outcome. The prosecutors and agents assigned to this matter have done an outstanding job and have ensured that justice has been done," said Attorney General Eric Holder. "In making the determination not to seek the death penalty, I took into consideration the views of the victims and survivor families, the recommendations of the prosecutors assigned to the case, and the applicable law."
"Given the defendant’s history of significant mental illness, this plea agreement, which requires the defendant to spend the remainder of his natural life in prison, with no possibility of parole, is a just and appropriate resolution of this case," said U.S. Attorney John S. Leonardo. "I hope that today’s resolution of this case will help the victims, their families, and the entire Tucson community take another step forward in the process of healing and recovering from this sad and tragic event."
"Today, we remember the victims and their families who tragically lost their lives on January 8, 2011, as well as those in the Tucson community who were greatly affected by this senseless tragedy," stated FBI Special Agent in Charge James L. Turgal Jr., Phoenix Division. "I would like to thank the Pima County Sheriff’s Office and the United States Attorney’s Office who we worked side-by-side with on every aspect of this joint investigation. I would also like to thank all of our federal, state and local law enforcement partners for their tireless efforts in this case. The partnerships that we have throughout Arizona enabled the FBI to have a coordinated response which resulted in a comprehensive and thorough investigation—all which has led up to today’s plea agreement."
According to the plea agreement, on Jan. 8, 2011, Loughner showed up at Congresswoman Gabrielle Giffords’ "Congress on Your Corner" event outside the Safeway grocery store in Tucson armed with a loaded semi-automatic pistol and carrying three additional magazines containing 60 rounds of ammunition with the intent of killing Congresswoman Giffords and others attending her community event.
Shortly after arriving at the event that Saturday morning, Loughner shot Congresswoman Giffords in the head, and then shot several other people who were in attendance. As a result of the shooting, six individuals were killed and 13 people, including Congresswoman Giffords were injured, some seriously.
Through a plea agreement, Loughner pleaded guilty to 19 counts of the superseding indictment handed down March 3, 2011, consisting of the following crimes:
· The attempted assassination of U.S. Congresswoman Gabrielle D. Giffords;
· The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman;
· The attempted murders of federal employees and Congressional Aides Ronald S. Barber and Pamela K. Simon;
· Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Schneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States;
· Injuring through the use of a Glock pistol Bill D. Badger, Kenneth W. Dorushka, James E. Fuller, Randy W. Gardner, Susan A. Hileman, George S. Morris, Mary C. Reed, Mavanell Stoddard, James L. Tucker, and Kenneth L. Veeder, Sr., all of whom were participants at an activity provided by the United States;
Loughner also admitted that in committing these offenses, he knowingly created a grave risk of death to Carol A. Dorushka, Robert C. Gawlick, Daniel Hernandez, Mark S. Kimble, Patricia R. Maisch, Emma E. McMahon, Owen A. McMahon, Thomas J. McMahon, Sara M. Rajca, Faith M. Salzgeber, Roger D. Salzgeber, Doris Tucker and Alexander J. Villec.
Under the terms of the plea agreement, Loughner will be sentenced to seven consecutive life sentences, followed by 140 years in prison, as follows:
Loughner will be sentenced to a term of life in prison for each of the following crimes:
· The attempted assassination of Congresswoman Gabrielle D. Giffords;
· The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman; and
· Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Shneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States.
Loughner will also be sentenced to the maximum term of 20 years in prison for each of the attempted murders of Congressional Aides Ronald S. Barber and Pamela K. Simon.
Finally, Loughner will be sentenced to the maximum term of 10 years in prison for injuring through the use of a Glock pistol each of the following:
Bill D. Badger;
· Kenneth W. Dorushka;
· James E. Fuller;
· Randy W. Gardner;
· Susan A. Hileman;
· George S. Morris;
· Mary C. Reed;
· Mavanell Stoddard;
· James L. Tucker; and
· Kenneth L. Veeder, Sr.
Convictions for the attempted assassination of a member of Congress, the murder of a federal employee, and causing the death of a participant in a federally-provided activity each carry a maximum sentence of life in prison ( or death in the case of murder), a $250,000 fine or both. A conviction for the attempted murder of a federal employee carries a maximum penalty of 20 years in prison, a $250,000 fine or both. A conviction for injuring a participant in a federally-provided activity carries a maximum penalty of 10 years in prison, a $250,000 fine or both. In determining an actual sentence, U.S. District Judge Larry A. Burns will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
Sentencing is set before Judge Burns on November 15, 2012, at 10:00 am in Tucson.
The investigation in this case was conducted by the FBI and the Pima County, Ariz., Sheriff’s Office. The prosecution is being handled by Wallace H. Kleindenst and Mary Sue Feldmeier, Assistant U.S. Attorneys, District of Arizona, Tucson, with the assistance of C.J. Williams, who served as trial attorney with the Department of Justice’s Criminal Division, Christina M. Cabanillas, Appellate Chief, and Bruce Ferg, Assistant U.S. Attorney (Appellate), District of Arizona, Tucson.
Tuesday, August 7, 2012
HHS SAYS MEDICARE PRESCRIPTION DRUG PREMIUMS WILL REMAIN STEADY
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Medicare prescription drug premiums to remain steady for third straight year
Coverage improves and out-of-pocket savings grow as a result of the health care law
Today’s projection for the average premium for 2013 is based on bids submitted by drug and health plans for basic coverage during the 2013 benefit year, and calculated by the Centers for Medicare & Medicaid Services (CMS) Office of the Actuary.
The upcoming annual enrollment period -- which begins Oct. 15 and ends Dec. 7, 2012 – allows people with Medicare, their families and their caregivers to choose their plans for next year by comparing their current coverage and quality ratings to other plan offerings. New benefit choices are effective Jan. 1, 2013.
Because of the Affordable Care Act, out-of-pocket savings on medications for people with Medicare continue to grow. Last month, CMS announced that more than 5.2 million people with Medicare have saved over $3.9 billion on prescription drugs in the Medicare Part D donut hole since the law was enacted. In the first half of 2012, over 1 million people with Medicare saved a total of $687 million on prescription drugs, averaging $629 per person this year.
As a result of the Affordable Care Act, coverage for both brand name and generic drugs in the coverage gap will continue to increase over time until 2020, when the coverage gap will be fully closed. This year, people with Medicare received a 50 percent discount on covered brand name drugs and 14 percent coverage of generic drugs in the donut hole. In 2013, Medicare Part D’s coverage of brand name drugs will begin to increase, meaning that people with Medicare will receive a total of 52.5 percent off the cost of brand name drugs (a 50 percent discount and an additional 2.5 percent in coverage) and coverage for 21 percent of the cost of generic drugs in the donut hole.
Medicare prescription drug premiums to remain steady for third straight year
Coverage improves and out-of-pocket savings grow as a result of the health care law
Coverage basic premiums for Medicare prescription drug plans are projected to remain constant in 2013, Health and Human Services Secretary (HHS) Kathleen Sebelius announced today. The average 2013 monthly premium for basic prescription drug coverage is expected to be $30. Average premiums for 2012 were projected to be $30 and ultimately averaged $29.67. At the same time, since the law was enacted, seniors and people with disabilities have saved $3.9 billion on prescription drugs as the Affordable Care Act began closing the "donut hole" coverage gap.
"Premiums are holding steady and, thanks to the health care law, millions of people with Medicare are saving an average of over $600 each year on their prescription drugs," said Secretary Sebelius. Today’s projection for the average premium for 2013 is based on bids submitted by drug and health plans for basic coverage during the 2013 benefit year, and calculated by the Centers for Medicare & Medicaid Services (CMS) Office of the Actuary.
The upcoming annual enrollment period -- which begins Oct. 15 and ends Dec. 7, 2012 – allows people with Medicare, their families and their caregivers to choose their plans for next year by comparing their current coverage and quality ratings to other plan offerings. New benefit choices are effective Jan. 1, 2013.
Because of the Affordable Care Act, out-of-pocket savings on medications for people with Medicare continue to grow. Last month, CMS announced that more than 5.2 million people with Medicare have saved over $3.9 billion on prescription drugs in the Medicare Part D donut hole since the law was enacted. In the first half of 2012, over 1 million people with Medicare saved a total of $687 million on prescription drugs, averaging $629 per person this year.
As a result of the Affordable Care Act, coverage for both brand name and generic drugs in the coverage gap will continue to increase over time until 2020, when the coverage gap will be fully closed. This year, people with Medicare received a 50 percent discount on covered brand name drugs and 14 percent coverage of generic drugs in the donut hole. In 2013, Medicare Part D’s coverage of brand name drugs will begin to increase, meaning that people with Medicare will receive a total of 52.5 percent off the cost of brand name drugs (a 50 percent discount and an additional 2.5 percent in coverage) and coverage for 21 percent of the cost of generic drugs in the donut hole.
MOST AMERICANS ARE WALKING ACCORDING TO THE CDC
FROM: U.S. CENTERS FOR DISEASE CONTROL
Six in 10 adults now get physically active by walking
Less than half get enough physical activity to improve their health
Sixty-two percent of adults say they walked for at least once for 10 minutes or more in the previous week in 2010, compared to 56 percent in 2005, according to a new Vital Signs report from the Centers for Disease Control and Prevention.
However, less than half (48 percent) of all adults get enough physical activity to improve their health, according to data from the National Health Interview Survey. For substantial health benefits, the CDC recommends at least 2 ½ hours per week of moderate-intensity aerobic physical activity, such as brisk walking. This activity should be done for at least 10 minutes at a time.
"More than 145 million adults are now getting some of their physical activity by walking," said CDC Director Thomas R. Frieden, M.D., M.P.H. "People who are physically active live longer and are at lower risk for heart disease, stroke, type 2 diabetes, depression and some cancers. Having more places for people to walk in our communities will help us continue to see increases in walking, the most popular form of physical activity among American adults."
The Vital Signs report notes that increases in walking were seen in nearly all groups surveyed. Walkers were defined as those who walked for at least one session of 10 minutes or more for transportation, fun or exercise. In the West, roughly 68 percent of people walk, more than any other region in the country. People living in the South had the largest increase in the percentage of people who walk, up by nearly 8 percentage points from about 49 percent in 2005 to 57 percent in 2010. The report also found that more adults with arthritis or hypertension are walking; there was no increase in walking among adults with type 2 diabetes.
"It is encouraging to see these increases in the number of adults who are now walking," said Joan M. Dorn, Ph.D., branch chief of the Physical Activity and Health Branch in CDC’s Division of Nutrition, Physical Activity and Obesity. "But there is still room for improvement. People need more safe and convenient places to walk. People walk more where they feel protected from traffic and safe from crime. Communities can be designed or improved to make it easier for people to walk to the places they need and want to go."
The report highlights ways to provide better spaces and more places for walking. These include:
State and local governments can consider joint use agreements to let community residents use local school tracks or gyms after classes have finished.
Employers can create walking paths around or near the work place and promote them with signs and route maps.
Citizens can participate in local planning efforts that identify best sites for walking paths and priorities for new sidewalks.
Six in 10 adults now get physically active by walking
Less than half get enough physical activity to improve their health
Sixty-two percent of adults say they walked for at least once for 10 minutes or more in the previous week in 2010, compared to 56 percent in 2005, according to a new Vital Signs report from the Centers for Disease Control and Prevention.
However, less than half (48 percent) of all adults get enough physical activity to improve their health, according to data from the National Health Interview Survey. For substantial health benefits, the CDC recommends at least 2 ½ hours per week of moderate-intensity aerobic physical activity, such as brisk walking. This activity should be done for at least 10 minutes at a time.
"More than 145 million adults are now getting some of their physical activity by walking," said CDC Director Thomas R. Frieden, M.D., M.P.H. "People who are physically active live longer and are at lower risk for heart disease, stroke, type 2 diabetes, depression and some cancers. Having more places for people to walk in our communities will help us continue to see increases in walking, the most popular form of physical activity among American adults."
The Vital Signs report notes that increases in walking were seen in nearly all groups surveyed. Walkers were defined as those who walked for at least one session of 10 minutes or more for transportation, fun or exercise. In the West, roughly 68 percent of people walk, more than any other region in the country. People living in the South had the largest increase in the percentage of people who walk, up by nearly 8 percentage points from about 49 percent in 2005 to 57 percent in 2010. The report also found that more adults with arthritis or hypertension are walking; there was no increase in walking among adults with type 2 diabetes.
"It is encouraging to see these increases in the number of adults who are now walking," said Joan M. Dorn, Ph.D., branch chief of the Physical Activity and Health Branch in CDC’s Division of Nutrition, Physical Activity and Obesity. "But there is still room for improvement. People need more safe and convenient places to walk. People walk more where they feel protected from traffic and safe from crime. Communities can be designed or improved to make it easier for people to walk to the places they need and want to go."
The report highlights ways to provide better spaces and more places for walking. These include:
Employers can create walking paths around or near the work place and promote them with signs and route maps.
Citizens can participate in local planning efforts that identify best sites for walking paths and priorities for new sidewalks.
CURIOSITY HAS LANDED: LETS PARTY
FROM: NASA
Landing Event
On August 5, 2012 thousands of NASA enthusiasts turned out to support the
Mars Science Laboratory (MSL) event at NASA's Ames Research Center, Moffett
Field, Calif. Photo Credit: NASA Ames Research Center / Eric James
U.S. CONTRIBUTES $41 MILLION TO UN FOR REFUGEES
FROM: U.S. STATE DEPARTMENT
State Department Contributes Additional $41 Million to the United Nations High Commissioner for RefugeesMedia Note
Office of the Spokesperson
Washington, DC
August 7, 2012
The United States is pleased to announce its third contribution this fiscal year toward the 2012 operations of the United Nations High Commissioner for Refugees (UNHCR). With this contribution of more than $41 million, the United States is providing to-date approximately $720 million to the organization, including more than $100 million toward emergency appeals for vulnerable populations from Syria, Sudan, and Mali. These contributions are funded through the State Department’s Bureau of Population, Refugees, and Migration, and help advance UNHCR initiatives worldwide.
U.S. funding will support protection and life-saving assistance as well as refugee repatriation, local integration, and resettlement. U.S. funding supports the provision of water, shelter, food, healthcare, and education to refugees, internally displaced persons (IDPs), and other persons under UNHCR’s care and protection in countries such as South Sudan, Mauritania, Burkina Faso, Chad, Turkey, Jordan, and Lebanon.
The most recent contribution will support UNHCR’s Annual and Supplementary Program activities listed below:
AFRICA $25 MILLION, SYRIA REGIONAL $9.6 MILLION, GLOBAL OPERATIONS $1.5 MILLION, HEADQUARTERS $2.8 MILLION AND, ASIA/PACIFIC $1.9 MILLION
State Department Contributes Additional $41 Million to the United Nations High Commissioner for RefugeesMedia Note
Office of the Spokesperson
Washington, DC
August 7, 2012
The United States is pleased to announce its third contribution this fiscal year toward the 2012 operations of the United Nations High Commissioner for Refugees (UNHCR). With this contribution of more than $41 million, the United States is providing to-date approximately $720 million to the organization, including more than $100 million toward emergency appeals for vulnerable populations from Syria, Sudan, and Mali. These contributions are funded through the State Department’s Bureau of Population, Refugees, and Migration, and help advance UNHCR initiatives worldwide.
U.S. funding will support protection and life-saving assistance as well as refugee repatriation, local integration, and resettlement. U.S. funding supports the provision of water, shelter, food, healthcare, and education to refugees, internally displaced persons (IDPs), and other persons under UNHCR’s care and protection in countries such as South Sudan, Mauritania, Burkina Faso, Chad, Turkey, Jordan, and Lebanon.
The most recent contribution will support UNHCR’s Annual and Supplementary Program activities listed below:
AFRICA $25 MILLION, SYRIA REGIONAL $9.6 MILLION, GLOBAL OPERATIONS $1.5 MILLION, HEADQUARTERS $2.8 MILLION AND, ASIA/PACIFIC $1.9 MILLION
We continue to salute the vital work of UNHCR, its many partner non-governmental organizations (NGO), and refugee-hosting countries in providing protection to displaced populations around the world.
LIBERTARIAN LEADER CONGRESSMAN RON PAUL WARNS OF WAR WITH SYRIA
FROM: CONGRESSMAN RON PAUL'S WEBSITE
Moving toward War in Syria
Last week the House passed yet another bill placing sanctions on Iran and Syria, bringing us closer to another war in the Middle East. We are told that ever harsher sanctions finally will force the targeted nations to bend to our will. Yet the ineffectiveness of previous sanctions teaches us nothing; in truth sanctions lead to war more than they prevent war.
Until last year, Libyan sanctions were touted as a great success story. The regime would change its behavior. Yet NATO bombed the country anyway.
Last week we learned that President Obama signed an intelligence "finding" directing the CIA to covertly assist rebels in Syria. The administration seems determined to fight yet another war in Syria that has nothing to do with American national interests.
We already know that a similar "finding" was signed under the latest Bush administration directing US intelligence to undermine the Iranian government and promote regime change there. Neoconservatives have long demanded that we overthrow the Syrian government before moving on to war against Iran. This bellicosity continues regardless of which party is in the White House.
In Syria we see once again we see how our interventionist policies backfire and make us less secure. Recent news reports point to ties between the Syrian opposition and al-Qaeda (and other extremist groups). A recent article in the Guardian, a British newspaper, exclaimed that, "Al-Qaida turns tide for rebels in battle for eastern Syria." The article quotes an al-Qaeda leader in Syria saying that he meets with the main US-backed Syrian rebel organization, the Free Syrian Army, "almost every day." So by promoting civil war in Syria we end up fueling al-Qaeda.
According to another recent press report, German intelligence services estimate that nearly 100 terrorist attacks have been committed by al-Qaeda or related organizations in Syria over the past six months. Last month a suicide bomber in Syria killed a defense minister and several top government officials. The US government, which has been fighting a "War on Terror" for more than a decade now, refused to condemn that act of terrorism.
This raises the question of whether the US administration is supporting the same people in Syria that we have been fighting in Iraq and Afghanistan. Secretary of State Hillary Clinton expressed these same concerns earlier this year when asked whether the US has been reluctant to arm the Syrian rebels. She answered, "To whom are you delivering them? We know al-Qaida. Zawahiri is supporting the opposition in Syria. Are we supporting al-Qaida in Syria?"
That is a very good question. It clearly demonstrates that the United States has no business at all being involved in the Syrian civil war. In the 1980s we supported a resistance movement in Afghanistan that later gave birth to elements of al-Qaeda and the Taliban. When will we learn our lesson and stop intervening in conflicts we don’t truly understand, conflicts that have nothing to do with American national interests?
Moving toward War in Syria
Last week the House passed yet another bill placing sanctions on Iran and Syria, bringing us closer to another war in the Middle East. We are told that ever harsher sanctions finally will force the targeted nations to bend to our will. Yet the ineffectiveness of previous sanctions teaches us nothing; in truth sanctions lead to war more than they prevent war.
Until last year, Libyan sanctions were touted as a great success story. The regime would change its behavior. Yet NATO bombed the country anyway.
Last week we learned that President Obama signed an intelligence "finding" directing the CIA to covertly assist rebels in Syria. The administration seems determined to fight yet another war in Syria that has nothing to do with American national interests.
We already know that a similar "finding" was signed under the latest Bush administration directing US intelligence to undermine the Iranian government and promote regime change there. Neoconservatives have long demanded that we overthrow the Syrian government before moving on to war against Iran. This bellicosity continues regardless of which party is in the White House.
In Syria we see once again we see how our interventionist policies backfire and make us less secure. Recent news reports point to ties between the Syrian opposition and al-Qaeda (and other extremist groups). A recent article in the Guardian, a British newspaper, exclaimed that, "Al-Qaida turns tide for rebels in battle for eastern Syria." The article quotes an al-Qaeda leader in Syria saying that he meets with the main US-backed Syrian rebel organization, the Free Syrian Army, "almost every day." So by promoting civil war in Syria we end up fueling al-Qaeda.
According to another recent press report, German intelligence services estimate that nearly 100 terrorist attacks have been committed by al-Qaeda or related organizations in Syria over the past six months. Last month a suicide bomber in Syria killed a defense minister and several top government officials. The US government, which has been fighting a "War on Terror" for more than a decade now, refused to condemn that act of terrorism.
This raises the question of whether the US administration is supporting the same people in Syria that we have been fighting in Iraq and Afghanistan. Secretary of State Hillary Clinton expressed these same concerns earlier this year when asked whether the US has been reluctant to arm the Syrian rebels. She answered, "To whom are you delivering them? We know al-Qaida. Zawahiri is supporting the opposition in Syria. Are we supporting al-Qaida in Syria?"
That is a very good question. It clearly demonstrates that the United States has no business at all being involved in the Syrian civil war. In the 1980s we supported a resistance movement in Afghanistan that later gave birth to elements of al-Qaeda and the Taliban. When will we learn our lesson and stop intervening in conflicts we don’t truly understand, conflicts that have nothing to do with American national interests?
SECRETARY OF HHS SEBELIUS GIVES SPEECH ON BULLYING PREVENTION
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Washington, DC
Thank you for that warm welcome – but more importantly for your commitment to giving our young people the safety and support they need to grow and thrive.
Two years ago we came together for the first-ever National Bullying Summit with 150 state, local, civic and corporate leaders. And we began to map out a comprehensive national plan to end bullying.
There had been efforts in the past to confront bullying. At the Department of Health and Human Services, our Health Resources and Services Administration launched an educational campaign that reached young people everywhere from elementary and middle schools to Boys and Girls Clubs and 4-H clubs. The Department of Justice conducted outreach through its Office of Juvenile Justice and Delinquency Prevention and fought to protect bullied students’ civil rights in the courtroom.
The Department of Education worked with state departments of education and local school boards to collect better data and develop anti-bullying policies. And we saw private campaigns and non-profit institutions step up like PACER’s National Center for Bullying Prevention.
All of these efforts were making an impact and reaching young people in need. Yet, we also recognized that despite such a wide array of programs and campaigns, bullying still wasn’t being treated as a national priority.
So we convened the first Summit two years ago where we said, for the first time, that bullying was a serious national challenge requiring a true national response.
Around the same time, our nation faced a number of tragic incidents involving children and teenagers who, having been bullied, felt like they had nowhere to turn and took their own lives. It seized the nation’s attention. And for many, it was a wakeup call. Bullying is not just a harmless rite of passage, or an inevitable part of growing up. It threatens the health and well-being of our young people. It’s destructive to our communities and devastating to our future.
Spurred by these incidents and a new national focus, cities and states began taking aggressive action against bullying. School districts adopted broad anti-bullying resolutions that called on staff to intervene when they witness harassment or teasing. State legislatures passed new anti-bullying laws and strengthened existing ones. In 2009 and 2010 alone, 36 state anti-bullying laws were enacted or amended.
Outside of government, organizations from the National Education Association and Parent Teacher Association to the Cartoon Network launched their own anti-bullying campaigns. And brave young people began stepping up to be leaders, protecting one another in their own communities. I know some of you are here today and I want to thank you for your leadership.
All of this momentum is encouraging. But we also know that our work has only just begun.
Today, one out of five high school students reports being bullied on school property. And as youth spend more of their time on Facebook, email, and text messages, there are more opportunities to bully each other, while hiding it from teachers and parents.
In too many communities bullying is still the norm. More adults may be stepping in to stop it, and more young leaders have stepped up. These actions are important and they can make powerful and lasting impressions. But if we’re going to prevent bullying on a national scale, we must take our efforts deeper still, and work systematically to prevent bullying as early as possible.
We know that the federal government cannot solve these problems on its own. But there are some steps it can take to give you the tools -- especially at this pivotal moment -- to translate today’s unprecedented awareness into action. Let me tell you about some of the ways we’re working to do exactly that.
First, we recognize that there is still a lot more to learn about bullying.
For many years, our understanding was limited to anecdotal evidence, and a scattering of state and local surveys. But we have had very few rigorous scientific studies about the specific factors that put youth at risk for bullying or the specific steps that can protect them.
But that is changing. Our Centers for Disease Control and Prevention have incorporated bullying to its Youth Risk Behavior Survey, the agency’s biennial survey of schools across the country about student health behavior. With new questions in the survey, we have a national picture of how many young people experience bullying and its connection to other risk factors. As the survey is repeated every two years we will be able to measure our progress.
Now as we go forward, we also want to make sure we’re speaking the same language as all of our partners. So we’re working closely with the Department of Education to develop a standard definition of bullying, to get a more accurate and consistent picture of bullying’s prevalence and connection to other health risks. We hope to finalize this effort before the end of the year.
Second, we’re giving people the support to become bullying prevention leaders in their own communities.
Over the years, experts from our Health Resources and Services Administration have gone out to communities where they have trained school staff, coaches, parents and youth about the best practices of bullying prevention.
But we were limited in how many people we could reach directly. We knew that bullying was taking place in nearly every community in America, and we didn’t have the resources to go everywhere.
We do however have the tools to empower community leaders with the best information and expertise to train and lead their own colleagues and neighbors. That’s the idea behind the new Training Module we’re making available for the first time today on Stopbullying.gov.
Over and over again we’ve heard from local leaders who say ‘I want to establish a bullying prevention plan for my community, but I don’t know where to begin.’ Now, they have a great place to begin. They can download this research-based training right from the website, adapt it to their own needs and deliver it at their own trainings and community events. The training module is also paired with a Community Action Toolkit that leaders can use to develop and roll out more comprehensive prevention strategies tailored to their own communities’ needs.
This is just the latest terrific resource available on stopbullying.gov, which has become the country’s one-stop shop for bullying prevention tools. Its resource database includes more than 100 proven tool-kits, fact sheets, articles and program directories.
And it’s not just for policy makers like us: Stopbullying.gov is a great starting point for young adults, teens, parents, and anyone who works with young people. There is a revamped section for kids. And for young people who might be thinking about hurting themselves, the website shows them where they can get immediate help.
Now, we’ve also been focusing on the media. For many reporters and producers, bullying is a new topic. Some are still informed by outdated notions that bullying may be harmless or unavoidable. Others may see the tragedy of the single child victimized by a bully, but fail to recognize its far deeper impact on public health and public safety.
So our Substance Abuse and Mental Health Services Administration has launched a task force of both journalists and experts in bullying prevention. They’re working together to create background material, guidelines and other resources for journalists, bloggers, producers, and writers who cover bullying. Our goal is to help them provide accurate information so that Americans can understand what is truly going on among our youth, and learn how they can make a difference.
I want to close by thanking all of you again for your leadership and your partnership. This may be only our 3rd Annual Summit, but I know many of you have been working on these issues for many years. Bullying is not new. These are behaviors that have been around a long time. They are attitudes that have been handed down from one generation to the next.
What we need now are not just stronger programs and more persuasive campaigns – although they are critical. We also need to continue changing a culture that too often says, "It’s not my responsibility."
We must do more. Building safe neighborhoods and schools where young people can thrive is a job for all of us -- not just government or schools or parents. We are all responsible. And no one can afford to be a bystander.
As a mother, I have seen the awful power of bullying on young people. And I know that any parent would move heaven and earth to defend her child from the pain and fear a bully might cause. Together, we can build a nation, where every single child, no matter who she is or where he lives, gets that same protection and support.
Thank you.
Federal Partners in Bullying Prevention Summit
August 6, 2012Washington, DC
Thank you for that warm welcome – but more importantly for your commitment to giving our young people the safety and support they need to grow and thrive.
Two years ago we came together for the first-ever National Bullying Summit with 150 state, local, civic and corporate leaders. And we began to map out a comprehensive national plan to end bullying.
There had been efforts in the past to confront bullying. At the Department of Health and Human Services, our Health Resources and Services Administration launched an educational campaign that reached young people everywhere from elementary and middle schools to Boys and Girls Clubs and 4-H clubs. The Department of Justice conducted outreach through its Office of Juvenile Justice and Delinquency Prevention and fought to protect bullied students’ civil rights in the courtroom.
The Department of Education worked with state departments of education and local school boards to collect better data and develop anti-bullying policies. And we saw private campaigns and non-profit institutions step up like PACER’s National Center for Bullying Prevention.
All of these efforts were making an impact and reaching young people in need. Yet, we also recognized that despite such a wide array of programs and campaigns, bullying still wasn’t being treated as a national priority.
So we convened the first Summit two years ago where we said, for the first time, that bullying was a serious national challenge requiring a true national response.
Around the same time, our nation faced a number of tragic incidents involving children and teenagers who, having been bullied, felt like they had nowhere to turn and took their own lives. It seized the nation’s attention. And for many, it was a wakeup call. Bullying is not just a harmless rite of passage, or an inevitable part of growing up. It threatens the health and well-being of our young people. It’s destructive to our communities and devastating to our future.
Spurred by these incidents and a new national focus, cities and states began taking aggressive action against bullying. School districts adopted broad anti-bullying resolutions that called on staff to intervene when they witness harassment or teasing. State legislatures passed new anti-bullying laws and strengthened existing ones. In 2009 and 2010 alone, 36 state anti-bullying laws were enacted or amended.
Outside of government, organizations from the National Education Association and Parent Teacher Association to the Cartoon Network launched their own anti-bullying campaigns. And brave young people began stepping up to be leaders, protecting one another in their own communities. I know some of you are here today and I want to thank you for your leadership.
All of this momentum is encouraging. But we also know that our work has only just begun.
Today, one out of five high school students reports being bullied on school property. And as youth spend more of their time on Facebook, email, and text messages, there are more opportunities to bully each other, while hiding it from teachers and parents.
In too many communities bullying is still the norm. More adults may be stepping in to stop it, and more young leaders have stepped up. These actions are important and they can make powerful and lasting impressions. But if we’re going to prevent bullying on a national scale, we must take our efforts deeper still, and work systematically to prevent bullying as early as possible.
We know that the federal government cannot solve these problems on its own. But there are some steps it can take to give you the tools -- especially at this pivotal moment -- to translate today’s unprecedented awareness into action. Let me tell you about some of the ways we’re working to do exactly that.
First, we recognize that there is still a lot more to learn about bullying.
For many years, our understanding was limited to anecdotal evidence, and a scattering of state and local surveys. But we have had very few rigorous scientific studies about the specific factors that put youth at risk for bullying or the specific steps that can protect them.
But that is changing. Our Centers for Disease Control and Prevention have incorporated bullying to its Youth Risk Behavior Survey, the agency’s biennial survey of schools across the country about student health behavior. With new questions in the survey, we have a national picture of how many young people experience bullying and its connection to other risk factors. As the survey is repeated every two years we will be able to measure our progress.
Now as we go forward, we also want to make sure we’re speaking the same language as all of our partners. So we’re working closely with the Department of Education to develop a standard definition of bullying, to get a more accurate and consistent picture of bullying’s prevalence and connection to other health risks. We hope to finalize this effort before the end of the year.
Second, we’re giving people the support to become bullying prevention leaders in their own communities.
Over the years, experts from our Health Resources and Services Administration have gone out to communities where they have trained school staff, coaches, parents and youth about the best practices of bullying prevention.
But we were limited in how many people we could reach directly. We knew that bullying was taking place in nearly every community in America, and we didn’t have the resources to go everywhere.
We do however have the tools to empower community leaders with the best information and expertise to train and lead their own colleagues and neighbors. That’s the idea behind the new Training Module we’re making available for the first time today on Stopbullying.gov.
Over and over again we’ve heard from local leaders who say ‘I want to establish a bullying prevention plan for my community, but I don’t know where to begin.’ Now, they have a great place to begin. They can download this research-based training right from the website, adapt it to their own needs and deliver it at their own trainings and community events. The training module is also paired with a Community Action Toolkit that leaders can use to develop and roll out more comprehensive prevention strategies tailored to their own communities’ needs.
This is just the latest terrific resource available on stopbullying.gov, which has become the country’s one-stop shop for bullying prevention tools. Its resource database includes more than 100 proven tool-kits, fact sheets, articles and program directories.
And it’s not just for policy makers like us: Stopbullying.gov is a great starting point for young adults, teens, parents, and anyone who works with young people. There is a revamped section for kids. And for young people who might be thinking about hurting themselves, the website shows them where they can get immediate help.
Now, we’ve also been focusing on the media. For many reporters and producers, bullying is a new topic. Some are still informed by outdated notions that bullying may be harmless or unavoidable. Others may see the tragedy of the single child victimized by a bully, but fail to recognize its far deeper impact on public health and public safety.
So our Substance Abuse and Mental Health Services Administration has launched a task force of both journalists and experts in bullying prevention. They’re working together to create background material, guidelines and other resources for journalists, bloggers, producers, and writers who cover bullying. Our goal is to help them provide accurate information so that Americans can understand what is truly going on among our youth, and learn how they can make a difference.
I want to close by thanking all of you again for your leadership and your partnership. This may be only our 3rd Annual Summit, but I know many of you have been working on these issues for many years. Bullying is not new. These are behaviors that have been around a long time. They are attitudes that have been handed down from one generation to the next.
What we need now are not just stronger programs and more persuasive campaigns – although they are critical. We also need to continue changing a culture that too often says, "It’s not my responsibility."
We must do more. Building safe neighborhoods and schools where young people can thrive is a job for all of us -- not just government or schools or parents. We are all responsible. And no one can afford to be a bystander.
As a mother, I have seen the awful power of bullying on young people. And I know that any parent would move heaven and earth to defend her child from the pain and fear a bully might cause. Together, we can build a nation, where every single child, no matter who she is or where he lives, gets that same protection and support.
Thank you.
U.S. DEPARTMENT OF LABOR WORKING TO COMBAT CHILD LABOR IN CAMBODIA
FROM: U.S. DEPARTMENT OF LABOR
US Department of Labor announces $10 million competitive solicitation for cooperative agreements to combat child labor in Cambodia
WASHINGTON —The U.S. Department of Labor's Bureau of International Labor Affairs today announced a $10 million competitive solicitation for cooperative agreements to combat child labor in Cambodia's agriculture, fishing and fisheries/aquaculture, and domestic service sectors.
Projects funded under the solicitation will focus on reducing social exclusion and promoting economic opportunities for Cambodian households with children who are vulnerable to child labor. Eligible applicants should address ways to combat child labor by increasing children's access to quality education and vocational/skills training; promoting sustainable livelihoods for affected households; increasing beneficiaries' access to national social protection programs that help households overcome dependence on child labor to meet basic needs; and increasing access to decent jobs for young people of legal working age.
Applicants must respond to the entire scope of work outlined in the solicitation and demonstrate a proven ability to manage complex projects designed to improve the lives of children.
Applications must be submitted by Oct. 2 at 5 p.m. EDT electronically via http://www.grants.gov or as hard copies mailed to the U.S. Department of Labor, Office of Procurement Services, 200 Constitution Ave. NW, Room S-4307, Washington, D.C. 20210, Attention: Brenda White and James Kinslow.
Congress has appropriated funds for ILAB to conduct technical cooperation projects to combat child labor internationally. Projects funded by ILAB include targeted action programs in specific sectors of work and comprehensive programs that support national efforts to eliminate the worst forms of child labor as defined by International Labor Organization Convention 182. ILAB grants help rescue children from exploitative labor through the provision of education and other services. ILAB supports the collection of reliable data on child labor and helps strengthen the capacity of governments to address child labor in a sustainable way.
US Department of Labor announces $10 million competitive solicitation for cooperative agreements to combat child labor in Cambodia
WASHINGTON —The U.S. Department of Labor's Bureau of International Labor Affairs today announced a $10 million competitive solicitation for cooperative agreements to combat child labor in Cambodia's agriculture, fishing and fisheries/aquaculture, and domestic service sectors.
Projects funded under the solicitation will focus on reducing social exclusion and promoting economic opportunities for Cambodian households with children who are vulnerable to child labor. Eligible applicants should address ways to combat child labor by increasing children's access to quality education and vocational/skills training; promoting sustainable livelihoods for affected households; increasing beneficiaries' access to national social protection programs that help households overcome dependence on child labor to meet basic needs; and increasing access to decent jobs for young people of legal working age.
Applicants must respond to the entire scope of work outlined in the solicitation and demonstrate a proven ability to manage complex projects designed to improve the lives of children.
Applications must be submitted by Oct. 2 at 5 p.m. EDT electronically via http://www.grants.gov or as hard copies mailed to the U.S. Department of Labor, Office of Procurement Services, 200 Constitution Ave. NW, Room S-4307, Washington, D.C. 20210, Attention: Brenda White and James Kinslow.
Congress has appropriated funds for ILAB to conduct technical cooperation projects to combat child labor internationally. Projects funded by ILAB include targeted action programs in specific sectors of work and comprehensive programs that support national efforts to eliminate the worst forms of child labor as defined by International Labor Organization Convention 182. ILAB grants help rescue children from exploitative labor through the provision of education and other services. ILAB supports the collection of reliable data on child labor and helps strengthen the capacity of governments to address child labor in a sustainable way.
DEFENSE SECRETARY PANETTA BELIEVES IN PARTNERSHIP WITH COMMUNITY ESSENTIAL
FROM: U.S. DEPARTMENT OF DEFENSE
Panetta: DOD-Community Partnerships Essential in AusterityBy Amaani Lyle
American Forces Press Service
MONTEREY, Calif., Aug. 6, 2012 - Partnerships between the Defense Department and civilian communities always have been important, but are essential in a challenging fiscal environment, Defense Secretary Leon E. Panetta said here today.
In a keynote address at the Association of Defense Communities conference, Panetta announced that two communities will receive grants under a $300 million congressional appropriation for transportation infrastructure improvements in communities affected by the 2005 round of base realignments and closures.
One grant will provide the city of Lakewood, Wash., with $5.7 million for improvements to the Freedom Bridge overpass near Madigan Army Medical Center. Montgomery County, Md., will receive $40 million for improvements to pedestrian, bicycle and public transportation access around the Walter Reed National Military Medical Center in Bethesda, Md. Panetta said the grants represent a commitment to working with communities affected by base realignments and closures.
In his 16 years in Congress, the secretary said, he became deeply familiar with the full range of issues affecting defense communities. When Fort Ord, Calif., was designated for closure in 1991, he added, it presented the most difficult challenge of his career in Congress. He credited collaboration between the military and local communities with finding an appropriate reuse of the land that once represented 25 percent of the community's jobs. The effort overcame "incredible, complicated, and sometimes nonsensical bureaucracy," he said.
"Out of crisis, this community developed an opportunity to allow our area to succeed in the face of this difficult challenge," he added.
Proposals ran the gamut from theme parks to prisons, Panetta said, but military and civilian leaders ultimately agreed on the site's fate.
"All of us felt that probably the best centerpiece we could have for the reuse of that area was to be able to locate a campus of the university system there," Panetta said, adding that the site is now home to California State University Monterey Bay. The Fort Ord Dunes State Park, residential subdivisions, a veterans' transition center and a nature preserve also occupy the area today. In April, President Barack Obama signed a proclamation designating a 14,651-acre portion of the former post as the Fort Ord National Monument.
The Fort Ord experience, Panetta said, serves as an appropriate backdrop to the "very real fiscal crisis" facing the Defense Department and defense communities as the nation emerges from a decade of war only to face severe budget cuts. Regardless of whether more realignments and closures are forthcoming, he said, the Defense Department is going to have to look at basing infrastructure as it seeks to reduce overhead costs.
The first four BRAC rounds, Panetta said, are producing $8 billion in annual savings, and a comparable figure from the 2005 BRAC round is $4 billion. He acknowledged that unfinished business remains from previous BRAC rounds, and pledged to work to resolve remaining concerns.
Meanwhile, the Defense Department must continue to seek innovative ways to work with communities to advance shared interests, Panetta said, particularly when that cooperation can reduce costs.
Panetta: DOD-Community Partnerships Essential in AusterityBy Amaani Lyle
American Forces Press Service
MONTEREY, Calif., Aug. 6, 2012 - Partnerships between the Defense Department and civilian communities always have been important, but are essential in a challenging fiscal environment, Defense Secretary Leon E. Panetta said here today.
In a keynote address at the Association of Defense Communities conference, Panetta announced that two communities will receive grants under a $300 million congressional appropriation for transportation infrastructure improvements in communities affected by the 2005 round of base realignments and closures.
One grant will provide the city of Lakewood, Wash., with $5.7 million for improvements to the Freedom Bridge overpass near Madigan Army Medical Center. Montgomery County, Md., will receive $40 million for improvements to pedestrian, bicycle and public transportation access around the Walter Reed National Military Medical Center in Bethesda, Md. Panetta said the grants represent a commitment to working with communities affected by base realignments and closures.
In his 16 years in Congress, the secretary said, he became deeply familiar with the full range of issues affecting defense communities. When Fort Ord, Calif., was designated for closure in 1991, he added, it presented the most difficult challenge of his career in Congress. He credited collaboration between the military and local communities with finding an appropriate reuse of the land that once represented 25 percent of the community's jobs. The effort overcame "incredible, complicated, and sometimes nonsensical bureaucracy," he said.
"Out of crisis, this community developed an opportunity to allow our area to succeed in the face of this difficult challenge," he added.
Proposals ran the gamut from theme parks to prisons, Panetta said, but military and civilian leaders ultimately agreed on the site's fate.
"All of us felt that probably the best centerpiece we could have for the reuse of that area was to be able to locate a campus of the university system there," Panetta said, adding that the site is now home to California State University Monterey Bay. The Fort Ord Dunes State Park, residential subdivisions, a veterans' transition center and a nature preserve also occupy the area today. In April, President Barack Obama signed a proclamation designating a 14,651-acre portion of the former post as the Fort Ord National Monument.
The Fort Ord experience, Panetta said, serves as an appropriate backdrop to the "very real fiscal crisis" facing the Defense Department and defense communities as the nation emerges from a decade of war only to face severe budget cuts. Regardless of whether more realignments and closures are forthcoming, he said, the Defense Department is going to have to look at basing infrastructure as it seeks to reduce overhead costs.
The first four BRAC rounds, Panetta said, are producing $8 billion in annual savings, and a comparable figure from the 2005 BRAC round is $4 billion. He acknowledged that unfinished business remains from previous BRAC rounds, and pledged to work to resolve remaining concerns.
Meanwhile, the Defense Department must continue to seek innovative ways to work with communities to advance shared interests, Panetta said, particularly when that cooperation can reduce costs.
SECRETARY OF DEFENSE LEON PANETTA'S MESSAGE ON THE "ARAB SPRING"
FROM: U.S. DEPARTMENT OF DEFENSE
Trip Message: "Arab Spring" - Challenge and Opportunity
As Delivered by Secretary of Defense Leon E. Panetta, The Pentagon, Tuesday, August 07, 2012
To All Department of Defense Personnel:
Last week, I took a four-day trip to the Middle East and North Africa – my 13th international TDY as a Secretary of Defense. Now that I am back in Washington, I wanted to share some of my experiences from the trip with you.
My visit to Tunisia, Egypt, Israel and Jordan took place during a critical moment for the region. Amidst a great deal of turmoil, a real confluence of challenges and opportunities is emerging. We've seen peaceful democratic transitions in Tunisia and Egypt, brutal violence in Syria, and a continued threat to regional stability posed by Iran and violent extremism.
As we left Washington on the way to Tunisia, it was clear that this trip would encompass many of these challenges and opportunities. Our first stop was Tunis, the capital of Tunisia and the site of the ancient city of Carthage. Tunisia was the birthplace of the Arab Spring, and one of the main purposes of the visit was to commend Tunisia's leaders, and the people of Tunisia, on the success of their revolution. In meetings with President Marzouki, Prime Minister Jebali and Minister of Defense Zbidi I told them that the United States strongly supported Tunisia's democratic transition. We all agreed that Tunisia's emergence as a democracy provides an opportunity to build an expanded relationship across a range of issues – including economic and security cooperation.
After a series of bilateral meetings, I had the opportunity to pay my respects at the North Africa American Cemetery and Memorial in Carthage, where nearly 7,000 U.S. personnel who were killed or missing during the North Africa campaign in World War II are memorialized. It was an incredibly moving experience to lay a wreath at the cemetery, which is immaculately maintained thanks to the dedication of the American Battle Monuments Commission. I paused beside the grave of Foy Draper, an American gold medalist who ran with Jesse Owens during the 1936 Berlin Olympics. Draper was killed in the battle of Kasserine Pass in 1943. Like thousands of others who perished during that campaign, he will never be forgotten.
After visiting the cemetery, we made a brief stop to see the ruins of the old forum at Carthage, situated atop Byrsa Hill overlooking the blue waters of the Mediterranean. During a brief tour of the Carthage National Museum, I paused to look at beautiful, ancient mosaics – testament to the rich culture and history of the region.
My visit to Tunisia ended with an Iftar dinner graciously hosted by Minister of Defense Zbidi. It was an honor to break the Ramadan fast with the Minister and Tunisia's senior military leaders, who have played a very positive role in the revolution. Tunisia still faces a number of challenges as it continues its democratic consolidation, but I came away from my time their impressed with its leaders courage and vision, and pleased to be able to assure them that the United States supports Tunisia's democratic change.
Our next stop on this trip was Cairo. Egypt is also undergoing a peaceful democratic transition, and the main purpose of this visit was to meet with their newly elected leader, President Morsi, and with Field Marshal Tantawi, who has been instrumental in leading the historic transition to democratic, civilian rule. The U.S.-Egypt security relationship has been the bedrock of regional stability for more than 30 years. President Morsi affirmed his commitment to that partnership. In private and in public, my message to Egypt's leadership and the Egyptian people was simple: the United States strongly supports Egypt's democratic future through an orderly, peaceful and legitimate transition to a democratic system of government.
From Cairo I took a quick flight aboard a C-17 to Tel Aviv for my second visit to Israel as Secretary of Defense – and my fifth since joining the Obama administration in 2009. I have built a strong working relationship with my counterpart, Minister of Defense Ehud Barak, and he joined me at my hotel in Jerusalem for a private dinner soon after I arrived. Our conversation focused on the range of pressing security challenges confronting Israel and the United States in the region – most notably Iran's nuclear ambitions and the violence being perpetrated by the Assad regime in Syria, on Israel's northern border. The challenges facing the U.S. and Israel are significant, but in the face of those challenges we have reached what Minister Barak has called the strongest levels of defense cooperation in our history.
One tangible sign of that cooperation is the $275 million we have provided Israel to acquire the Iron Dome short-range rocket defense system. During my time in Israel, Minister Barak and I had the opportunity to travel to the outskirts of Ashkelon – about 45 minutes south of Tel Aviv – to tour an Iron Dome battery. Iron Dome has had a better than 80 percent success rate at hitting rockets fired from Gaza into Israeli population centers, and it has successfully intercepted more than 100 rockets. We can be proud of this system's record of saving lives and preventing wider conflict in that region.
At the Iron Dome battery, I spoke publicly of the United States's rock solid commitment to Israel's security, which extends to dealing with the threat posed by Iran. The United States shares Israel's commitment to preventing a nuclear-armed Iran, and I carried that message to President Peres and Prime Minister Netanyahu. While we are focused on increasing diplomatic pressure on Iran through sanctions, I also made clear, publicly and privately, that all options are on the table.
From Israel, I made the short trip to Amman, Jordan, to consult with King Abdullah. This was my first trip to Jordan as Secretary of Defense. The situation in Syria, and its impact on Jordan, dominated our discussion. I told the King we appreciate Jordan's efforts to keep his country's borders open to those fleeing the violence in Syria, and that we will work closely with the Government of Jordan to provide humanitarian assistance in support of those affected by the violence in Syria. We both agreed that strong international pressure needs to be sustained to make clear that Assad must go, and that the Syrian people deserve to determine their own future.
After my meeting with the King, I returned to the airport and boarded the Air Force E4-B for the twelve and a half hour flight back to Washington. On the flight, I reflected on the many challenges and opportunities that are facing the region.
In each country, there was a clear desire for closer partnership with our military, and once again I was struck by the deep respect foreign leaders have for our Department of Defense. That is a tribute to you – the millions of men and women who support our mission of protecting the country, and advancing U.S. security interests around the globe. In a time of challenge and turmoil, your efforts are helping American play a positive role in supporting change throughout the region.
You will always have my gratitude, and the gratitude of the American people, for your work in helping us achieve a safer and more secure future.
Trip Message: "Arab Spring" - Challenge and Opportunity
As Delivered by Secretary of Defense Leon E. Panetta, The Pentagon, Tuesday, August 07, 2012
To All Department of Defense Personnel:
Last week, I took a four-day trip to the Middle East and North Africa – my 13th international TDY as a Secretary of Defense. Now that I am back in Washington, I wanted to share some of my experiences from the trip with you.
My visit to Tunisia, Egypt, Israel and Jordan took place during a critical moment for the region. Amidst a great deal of turmoil, a real confluence of challenges and opportunities is emerging. We've seen peaceful democratic transitions in Tunisia and Egypt, brutal violence in Syria, and a continued threat to regional stability posed by Iran and violent extremism.
As we left Washington on the way to Tunisia, it was clear that this trip would encompass many of these challenges and opportunities. Our first stop was Tunis, the capital of Tunisia and the site of the ancient city of Carthage. Tunisia was the birthplace of the Arab Spring, and one of the main purposes of the visit was to commend Tunisia's leaders, and the people of Tunisia, on the success of their revolution. In meetings with President Marzouki, Prime Minister Jebali and Minister of Defense Zbidi I told them that the United States strongly supported Tunisia's democratic transition. We all agreed that Tunisia's emergence as a democracy provides an opportunity to build an expanded relationship across a range of issues – including economic and security cooperation.
After a series of bilateral meetings, I had the opportunity to pay my respects at the North Africa American Cemetery and Memorial in Carthage, where nearly 7,000 U.S. personnel who were killed or missing during the North Africa campaign in World War II are memorialized. It was an incredibly moving experience to lay a wreath at the cemetery, which is immaculately maintained thanks to the dedication of the American Battle Monuments Commission. I paused beside the grave of Foy Draper, an American gold medalist who ran with Jesse Owens during the 1936 Berlin Olympics. Draper was killed in the battle of Kasserine Pass in 1943. Like thousands of others who perished during that campaign, he will never be forgotten.
After visiting the cemetery, we made a brief stop to see the ruins of the old forum at Carthage, situated atop Byrsa Hill overlooking the blue waters of the Mediterranean. During a brief tour of the Carthage National Museum, I paused to look at beautiful, ancient mosaics – testament to the rich culture and history of the region.
My visit to Tunisia ended with an Iftar dinner graciously hosted by Minister of Defense Zbidi. It was an honor to break the Ramadan fast with the Minister and Tunisia's senior military leaders, who have played a very positive role in the revolution. Tunisia still faces a number of challenges as it continues its democratic consolidation, but I came away from my time their impressed with its leaders courage and vision, and pleased to be able to assure them that the United States supports Tunisia's democratic change.
Our next stop on this trip was Cairo. Egypt is also undergoing a peaceful democratic transition, and the main purpose of this visit was to meet with their newly elected leader, President Morsi, and with Field Marshal Tantawi, who has been instrumental in leading the historic transition to democratic, civilian rule. The U.S.-Egypt security relationship has been the bedrock of regional stability for more than 30 years. President Morsi affirmed his commitment to that partnership. In private and in public, my message to Egypt's leadership and the Egyptian people was simple: the United States strongly supports Egypt's democratic future through an orderly, peaceful and legitimate transition to a democratic system of government.
From Cairo I took a quick flight aboard a C-17 to Tel Aviv for my second visit to Israel as Secretary of Defense – and my fifth since joining the Obama administration in 2009. I have built a strong working relationship with my counterpart, Minister of Defense Ehud Barak, and he joined me at my hotel in Jerusalem for a private dinner soon after I arrived. Our conversation focused on the range of pressing security challenges confronting Israel and the United States in the region – most notably Iran's nuclear ambitions and the violence being perpetrated by the Assad regime in Syria, on Israel's northern border. The challenges facing the U.S. and Israel are significant, but in the face of those challenges we have reached what Minister Barak has called the strongest levels of defense cooperation in our history.
One tangible sign of that cooperation is the $275 million we have provided Israel to acquire the Iron Dome short-range rocket defense system. During my time in Israel, Minister Barak and I had the opportunity to travel to the outskirts of Ashkelon – about 45 minutes south of Tel Aviv – to tour an Iron Dome battery. Iron Dome has had a better than 80 percent success rate at hitting rockets fired from Gaza into Israeli population centers, and it has successfully intercepted more than 100 rockets. We can be proud of this system's record of saving lives and preventing wider conflict in that region.
At the Iron Dome battery, I spoke publicly of the United States's rock solid commitment to Israel's security, which extends to dealing with the threat posed by Iran. The United States shares Israel's commitment to preventing a nuclear-armed Iran, and I carried that message to President Peres and Prime Minister Netanyahu. While we are focused on increasing diplomatic pressure on Iran through sanctions, I also made clear, publicly and privately, that all options are on the table.
From Israel, I made the short trip to Amman, Jordan, to consult with King Abdullah. This was my first trip to Jordan as Secretary of Defense. The situation in Syria, and its impact on Jordan, dominated our discussion. I told the King we appreciate Jordan's efforts to keep his country's borders open to those fleeing the violence in Syria, and that we will work closely with the Government of Jordan to provide humanitarian assistance in support of those affected by the violence in Syria. We both agreed that strong international pressure needs to be sustained to make clear that Assad must go, and that the Syrian people deserve to determine their own future.
After my meeting with the King, I returned to the airport and boarded the Air Force E4-B for the twelve and a half hour flight back to Washington. On the flight, I reflected on the many challenges and opportunities that are facing the region.
In each country, there was a clear desire for closer partnership with our military, and once again I was struck by the deep respect foreign leaders have for our Department of Defense. That is a tribute to you – the millions of men and women who support our mission of protecting the country, and advancing U.S. security interests around the globe. In a time of challenge and turmoil, your efforts are helping American play a positive role in supporting change throughout the region.
You will always have my gratitude, and the gratitude of the American people, for your work in helping us achieve a safer and more secure future.
MAKING A LASER FROM TOY PIECES?
Here' s another view of the Prototyping High Bay in the LEGO model. In the actual Prototyping High Bay, lighting can be adjusted to simulate nighttime conditions. (Photo: U.S. Naval Research Laboratory, Jamie Hartman)
LEGO LASER!
By jtozer
For his day time job, William Adams works in the Navy Center for Applied Research in Artificial Intelligence at the Naval Research Laboratory, supporting research in human-robot interaction, sensing, and autonomy. He manages the resources of the Center’s robot lab, and keeps the Center’s Mobile, Dexterous, Social (MDS) robots – Octavia, Isaac, and Lucas – operating and configured to meet research needs.
It was in April of 2012 that NRL opened the brand-new Laboratory for Autonomous Systems Research facility. The building and opening of that one-of-a-kind facility sparked an idea in William’s mind that led to a LEGO model. For those of us who enjoyed simple LEGO projects as children or with our children, the scope of this project is beyond our imagination.
Here’s how William describes the project:
How long did it take you to build the LEGO model of LASR?It took approximately 120 hours, working a few evenings a week, over the course of 3 months. It also took seven trips to the three local Lego stores to buy additional bricks.
Do you know how many pieces are used in the model?It wasn’t practical to keep an accurate tally during construction, but I have made a rather detailed post-construction estimate of 13,400 pieces.
Tell us about the details from inside some of the LASR rooms. Were you able to build all of the actual LASR environments in your LEGO model?Limitations on time and brick (the community’s collective term for LEGO pieces) prevented a complete interior, but I tried to represent most of the spaces. The Reconfigurable Prototyping High Bay, Littoral High Bay, Desert High Bay,Tropical High Bay, Power and Energy Lab, two Human-System Interaction Labs, the Machine Shop, Electrical Shop, and changing room all have full interiors.
What sparked the idea for you to attempt making this model?LEGO recently released a line of architectural kits, all in a very small scale. I had some aging LEGO models in my office that needed replacing and figured that I could build a model of the LASR building. Then I thought about the larger models sometimes seen on display and decided to build it larger for the opening of the LASR facility (a deadline which I ended up missing). Building to a larger scale, approximately 1:60, allowed for detailed interiors while keeping it slightly under LEGO figure ("minifig") scale, approximately 1:48, cut the brick demands in half and kept it transportable.
Have you built other models of this scale and complexity?Not really. When we were kids my siblings and I would build custom castles on the dining room table and lay siege,
according to a well thought out set of rules inspired by various board games. My brother and I built a model of the National Cathedral that rose with different color strata as we exhausted our brick supply of each.
Several years ago I built a set of detailed models with the theme of a medieval shipyard, each showing a particular trade or technology, but those models were much smaller and could have all fit within the LASR model’s large high bay.
Where is the model located now? Will you keep it as a permanent model?The model is on display in the front area of the LASR facility, where it will stay until either the LASR Director needs the space, or I need the brick for recycling into a new model. It will probably be there through the holidays this year.
How and when did you start working with LEGOS?I remember a pre-existing butter-tub of LEGOS from way back. Things really got moving when I was 5, in 1975, and my father took us to the toy store and bought us the moon landing kit; that’s #565 for the AFOLs. Since it kept us kids occupied, LEGO became standard fare for birthday and Christmas presents. After a high school and college hiatus, I picked up the habit again, although now we "kids" never really get the time to build together.
(Editor’s note: "AFOL" refers to "Adult Fan of LEGO" and describes those adult hobbyists who build or collect LEGO.)
Have you started a new LEGO project yet?I don’t have any specific plans for another LEGO project. I’ll be adding to the LASR model to keep it up to date and keep it interesting.
We look forward to seeing the updates on the LASR model … or William’s next big LEGO project.
LEGO LASER!
By jtozer
For his day time job, William Adams works in the Navy Center for Applied Research in Artificial Intelligence at the Naval Research Laboratory, supporting research in human-robot interaction, sensing, and autonomy. He manages the resources of the Center’s robot lab, and keeps the Center’s Mobile, Dexterous, Social (MDS) robots – Octavia, Isaac, and Lucas – operating and configured to meet research needs.
It was in April of 2012 that NRL opened the brand-new Laboratory for Autonomous Systems Research facility. The building and opening of that one-of-a-kind facility sparked an idea in William’s mind that led to a LEGO model. For those of us who enjoyed simple LEGO projects as children or with our children, the scope of this project is beyond our imagination.
Here’s how William describes the project:
How long did it take you to build the LEGO model of LASR?It took approximately 120 hours, working a few evenings a week, over the course of 3 months. It also took seven trips to the three local Lego stores to buy additional bricks.
Do you know how many pieces are used in the model?It wasn’t practical to keep an accurate tally during construction, but I have made a rather detailed post-construction estimate of 13,400 pieces.
Tell us about the details from inside some of the LASR rooms. Were you able to build all of the actual LASR environments in your LEGO model?Limitations on time and brick (the community’s collective term for LEGO pieces) prevented a complete interior, but I tried to represent most of the spaces. The Reconfigurable Prototyping High Bay, Littoral High Bay, Desert High Bay,Tropical High Bay, Power and Energy Lab, two Human-System Interaction Labs, the Machine Shop, Electrical Shop, and changing room all have full interiors.
What sparked the idea for you to attempt making this model?LEGO recently released a line of architectural kits, all in a very small scale. I had some aging LEGO models in my office that needed replacing and figured that I could build a model of the LASR building. Then I thought about the larger models sometimes seen on display and decided to build it larger for the opening of the LASR facility (a deadline which I ended up missing). Building to a larger scale, approximately 1:60, allowed for detailed interiors while keeping it slightly under LEGO figure ("minifig") scale, approximately 1:48, cut the brick demands in half and kept it transportable.
Have you built other models of this scale and complexity?Not really. When we were kids my siblings and I would build custom castles on the dining room table and lay siege,
according to a well thought out set of rules inspired by various board games. My brother and I built a model of the National Cathedral that rose with different color strata as we exhausted our brick supply of each.
Several years ago I built a set of detailed models with the theme of a medieval shipyard, each showing a particular trade or technology, but those models were much smaller and could have all fit within the LASR model’s large high bay.
Where is the model located now? Will you keep it as a permanent model?The model is on display in the front area of the LASR facility, where it will stay until either the LASR Director needs the space, or I need the brick for recycling into a new model. It will probably be there through the holidays this year.
How and when did you start working with LEGOS?I remember a pre-existing butter-tub of LEGOS from way back. Things really got moving when I was 5, in 1975, and my father took us to the toy store and bought us the moon landing kit; that’s #565 for the AFOLs. Since it kept us kids occupied, LEGO became standard fare for birthday and Christmas presents. After a high school and college hiatus, I picked up the habit again, although now we "kids" never really get the time to build together.
(Editor’s note: "AFOL" refers to "Adult Fan of LEGO" and describes those adult hobbyists who build or collect LEGO.)
Have you started a new LEGO project yet?I don’t have any specific plans for another LEGO project. I’ll be adding to the LASR model to keep it up to date and keep it interesting.
We look forward to seeing the updates on the LASR model … or William’s next big LEGO project.
GIBSON GUITAR CORP. RESOLVES CRIMINAL INVESTIGATION WITH JUSTICE DEPARTMENT
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, August 6, 2012
Gibson Guitar Corp. Agrees to Resolve Investigation into Lacey Act Violations
Gibson Guitar Corp. entered into a criminal enforcement agreement with the United States today resolving a criminal investigation into allegations that the company violated the Lacey Act by illegally purchasing and importing ebony wood from Madagascar and rosewood and ebony from India.
The agreement was announced today by Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division, Jerry Martin, U.S. Attorney for the Middle District of Tennessee and Dan Ashe, Director of the Department of the Interior’s U.S. Fish & Wildlife Service.
The criminal enforcement agreement defers prosecution for criminal violations of the Lacey Act and requires Gibson to pay a penalty amount of $300,000. The agreement further provides for a community service payment of $50,000 to the National Fish and Wildlife Foundation to be used to promote the conservation, identification and propagation of protected tree species used in the musical instrument industry and the forests where those species are found. Gibson will also implement a compliance program designed to strengthen its compliance controls and procedures. In related civil forfeiture actions, Gibson will withdraw its claims to the wood seized in the course of the criminal investigation, including Madagascar ebony from shipments with a total invoice value of $261,844.
In light of Gibson’s acknowledgement of its conduct, its duties under the Lacey Act and its promised cooperation and remedial actions, the government will decline charging Gibson criminally in connection with Gibson’s order, purchase or importation of ebony from Madagascar and ebony and rosewood from India, provided that Gibson fully carries out its obligations under the agreement, and commits no future violations of law, including Lacey Act violations.
"As a result of this investigation and criminal enforcement agreement, Gibson has acknowledged that it failed to act on information that the Madagascar ebony it was purchasing may have violated laws intended to limit overharvesting and conserve valuable wood species from Madagascar, a country which has been severely impacted by deforestation," said Assistant Attorney General Moreno. "Gibson has ceased acquisitions of wood species from Madagascar and recognizes its duty under the U.S. Lacey Act to guard against the acquisition of wood of illegal origin by verifying the circumstances of its harvest and export, which is good for American business and American consumers."
"The Department of Justice is committed to enforcing the laws enacted by Congress," said U.S. Attorney Martin. "Failure to do so harms those who play by the rules and follow the law. This criminal enforcement agreement goes a long way in demonstrating the government’s commitment to protecting the world’s natural resources. The agreement is fair and just in that it assesses serious penalties for Gibson’s behavior while allowing Gibson to continue to focus on the business of making guitars."
"The Lacey Act’s illegal logging provisions were enacted with bipartisan support in Congress to protect vanishing foreign species and forest ecosystems, while ensuring a level playing field for America’s forest products industry and the people and communities who depend on it," said U.S. Fish and Wildlife Service Director Ashe. "We’re pleased that Gibson Guitar Corp. has recognized its duties under the Lacey Act to guard against the acquisition of wood of illegal origin from threatened forests and has taken responsibility for actions that may have contributed to the unlawful export and exploitation of wood from some of the world’s most threatened forests."
Since May 2008, it has been illegal under the Lacey Act to import into the United States plants and plant products (including wood) that have been harvested and exported in violation of the laws of another country. Congress extended the protections of the Lacey Act, the nation’s oldest resource protection law, to these products in an effort to address the environmental and economic impact of illegal logging around the world.
The criminal enforcement agreement includes a detailed statement of facts describing the conduct for which Gibson accepts and acknowledges responsibility. The facts establish the following:
Madagascar Ebony is a slow-growing tree species and supplies are considered threatened in its native environment due to over-exploitation. Both legal and illegal logging of Madagascar Ebony and other tree species have significantly reduced Madagascar’s forest cover. Madagascar’s forests are home to many rare endemic species of plants and animals . The harvest of ebony in and export of unfinished ebony from, Madagascar has been banned since 2006.
Gibson purchased "fingerboard blanks," consisting of sawn boards of Madagascar ebony, for use in manufacturing guitars. The Madagascar ebony fingerboard blanks were ordered from a supplier who obtained them from an exporter in Madagascar. Gibson’s supplier continued to receive Madagascar ebony fingerboard blanks from its Madagascar exporter after the 2006 ban. The Madagascar exporter did not have authority to export ebony fingerboard blanks after the law issued in Madagascar in 2006.
In 2008, an employee of Gibson participated in a trip to Madagascar, sponsored by a non-profit organization. Participants on the trip, including the Gibson employee, were told that a law passed in 2006 in Madagascar banned the harvest of ebony and the export of any ebony products that were not in finished form. They were further told by trip organizers that instrument parts, such as fingerboard blanks, would be considered unfinished and therefore illegal to export under the 2006 law. Participants also visited the facility of the exporter in Madagascar, from which Gibson’s supplier sourced its Madagascar ebony, and were informed that the wood at the facility was under seizure at that time and could not be moved.
After the Gibson employee returned from Madagascar with this information, he conveyed the information to superiors and others at Gibson. The information received by the Gibson employee during the June 2008 trip, and sent to company management by the employee and others following the June 2008 trip, was not further investigated or acted upon prior to Gibson continuing to place orders with its supplier. Gibson received four shipments of Madagascar ebony fingerboard blanks from its supplier between October 2008 and September 2009.
This case was investigated by the U.S. Fish and Wildlife Service with assistance from U.S. Immigration and Customs Enforcement. The case was handled by the Environmental Crimes Section of the U.S. Department of Justice and the U.S. Attorney’s Office for the Middle District of Tennessee.
Monday, August 6, 2012
Gibson Guitar Corp. Agrees to Resolve Investigation into Lacey Act Violations
Gibson Guitar Corp. entered into a criminal enforcement agreement with the United States today resolving a criminal investigation into allegations that the company violated the Lacey Act by illegally purchasing and importing ebony wood from Madagascar and rosewood and ebony from India.
The agreement was announced today by Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division, Jerry Martin, U.S. Attorney for the Middle District of Tennessee and Dan Ashe, Director of the Department of the Interior’s U.S. Fish & Wildlife Service.
The criminal enforcement agreement defers prosecution for criminal violations of the Lacey Act and requires Gibson to pay a penalty amount of $300,000. The agreement further provides for a community service payment of $50,000 to the National Fish and Wildlife Foundation to be used to promote the conservation, identification and propagation of protected tree species used in the musical instrument industry and the forests where those species are found. Gibson will also implement a compliance program designed to strengthen its compliance controls and procedures. In related civil forfeiture actions, Gibson will withdraw its claims to the wood seized in the course of the criminal investigation, including Madagascar ebony from shipments with a total invoice value of $261,844.
In light of Gibson’s acknowledgement of its conduct, its duties under the Lacey Act and its promised cooperation and remedial actions, the government will decline charging Gibson criminally in connection with Gibson’s order, purchase or importation of ebony from Madagascar and ebony and rosewood from India, provided that Gibson fully carries out its obligations under the agreement, and commits no future violations of law, including Lacey Act violations.
"As a result of this investigation and criminal enforcement agreement, Gibson has acknowledged that it failed to act on information that the Madagascar ebony it was purchasing may have violated laws intended to limit overharvesting and conserve valuable wood species from Madagascar, a country which has been severely impacted by deforestation," said Assistant Attorney General Moreno. "Gibson has ceased acquisitions of wood species from Madagascar and recognizes its duty under the U.S. Lacey Act to guard against the acquisition of wood of illegal origin by verifying the circumstances of its harvest and export, which is good for American business and American consumers."
"The Department of Justice is committed to enforcing the laws enacted by Congress," said U.S. Attorney Martin. "Failure to do so harms those who play by the rules and follow the law. This criminal enforcement agreement goes a long way in demonstrating the government’s commitment to protecting the world’s natural resources. The agreement is fair and just in that it assesses serious penalties for Gibson’s behavior while allowing Gibson to continue to focus on the business of making guitars."
"The Lacey Act’s illegal logging provisions were enacted with bipartisan support in Congress to protect vanishing foreign species and forest ecosystems, while ensuring a level playing field for America’s forest products industry and the people and communities who depend on it," said U.S. Fish and Wildlife Service Director Ashe. "We’re pleased that Gibson Guitar Corp. has recognized its duties under the Lacey Act to guard against the acquisition of wood of illegal origin from threatened forests and has taken responsibility for actions that may have contributed to the unlawful export and exploitation of wood from some of the world’s most threatened forests."
Since May 2008, it has been illegal under the Lacey Act to import into the United States plants and plant products (including wood) that have been harvested and exported in violation of the laws of another country. Congress extended the protections of the Lacey Act, the nation’s oldest resource protection law, to these products in an effort to address the environmental and economic impact of illegal logging around the world.
The criminal enforcement agreement includes a detailed statement of facts describing the conduct for which Gibson accepts and acknowledges responsibility. The facts establish the following:
Madagascar Ebony is a slow-growing tree species and supplies are considered threatened in its native environment due to over-exploitation. Both legal and illegal logging of Madagascar Ebony and other tree species have significantly reduced Madagascar’s forest cover. Madagascar’s forests are home to many rare endemic species of plants and animals . The harvest of ebony in and export of unfinished ebony from, Madagascar has been banned since 2006.
Gibson purchased "fingerboard blanks," consisting of sawn boards of Madagascar ebony, for use in manufacturing guitars. The Madagascar ebony fingerboard blanks were ordered from a supplier who obtained them from an exporter in Madagascar. Gibson’s supplier continued to receive Madagascar ebony fingerboard blanks from its Madagascar exporter after the 2006 ban. The Madagascar exporter did not have authority to export ebony fingerboard blanks after the law issued in Madagascar in 2006.
In 2008, an employee of Gibson participated in a trip to Madagascar, sponsored by a non-profit organization. Participants on the trip, including the Gibson employee, were told that a law passed in 2006 in Madagascar banned the harvest of ebony and the export of any ebony products that were not in finished form. They were further told by trip organizers that instrument parts, such as fingerboard blanks, would be considered unfinished and therefore illegal to export under the 2006 law. Participants also visited the facility of the exporter in Madagascar, from which Gibson’s supplier sourced its Madagascar ebony, and were informed that the wood at the facility was under seizure at that time and could not be moved.
After the Gibson employee returned from Madagascar with this information, he conveyed the information to superiors and others at Gibson. The information received by the Gibson employee during the June 2008 trip, and sent to company management by the employee and others following the June 2008 trip, was not further investigated or acted upon prior to Gibson continuing to place orders with its supplier. Gibson received four shipments of Madagascar ebony fingerboard blanks from its supplier between October 2008 and September 2009.
This case was investigated by the U.S. Fish and Wildlife Service with assistance from U.S. Immigration and Customs Enforcement. The case was handled by the Environmental Crimes Section of the U.S. Department of Justice and the U.S. Attorney’s Office for the Middle District of Tennessee.
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