A PUBLICATION OF RANDOM U.S.GOVERNMENT PRESS RELEASES AND ARTICLES
Sunday, August 19, 2012
THE LIMITS OF LIFE IN SUBMARINE VOLCANOES
Schematic representation of a typical submarine eruption in the open ocean. From: U.S. Geological Survey
FROM: NATIONAL SCIENCE FOUNDATION
Scientists Define New Limits of Microbial Life in Undersea Volcanoes
August 6, 2012
By some estimates, a third of Earth's organisms live in our planet's rocks and sediments, yet their lives are almost a complete mystery.
This week, the work of microbiologist James Holden of the University of Massachusetts-Amherst and colleagues shines a light into this dark world.
In the journal Proceedings of the National Academy of Sciences (PNAS), they report the first detailed data on methane-exhaling microbes that live deep in the cracks of hot undersea volcanoes.
"Evidence has built that there's an incredible amount of biomass in the Earth's subsurface, in the crust and marine sediments, perhaps as much as all the plants and animals on the surface," says Holden.
"We're interested in the microbes in the deep rock, and the best place to study them is at hydrothermal vents at undersea volcanoes. Warm water there brings the nutrient and energy sources these microbes need."
Just as biologists studied the habitats and life requirements of giraffes and penguins when they were new to science, Holden says, "for the first time we're studying these subsurface microorganisms, defining their habitat requirements and determining how they differ among species."
The result will advance scientists' comprehension of biogeochemical cycles in the deep ocean, he and co-authors believe.
"Studies such as this add greatly to our understanding of microbial processes in the still poorly-known deep biosphere," says David Garrison, program director in the National Science Foundation's Division of Ocean Sciences, which funded the research.
The project also addresses such questions as what metabolic processes may have looked like on Earth three billion years ago, and what alien microbial life might look like on other planets.
Because the study involves methanogens--microbes that inhale hydrogen and carbon dioxide to produce methane as waste--it may also shed light on natural gas formation on Earth.
One major goal was to test results of predictive computer models and to establish the first environmental hydrogen threshold for hyperthermophilic (super-heat-loving), methanogenic (methane-producing) microbes in hydrothermal vent fluids.
"Models have predicted the 'habitability' of the rocky environments we're most interested in, but we wanted to ground-truth these models and refine them," Holden says.
In a two-liter bioreactor at UMass Amherst where the scientists could control hydrogen levels, they grew pure cultures of hyperthermophilic methanogens from their study site alongside a commercially available hyperthermophilic methanogen species.
The researchers found that growth measurements for the organisms were about the same. All grew at the same rate when given equal amounts of hydrogen and had the same minimum growth requirements.
Holden and Helene Ver Eecke at UMass Amherst used culturing techniques to look for organisms in nature and then study their growth in the lab.
Co-investigators Julie Huber at the Marine Biological Laboratory on Cape Cod provided molecular analyses of the microbes, while David Butterfield and Marvin Lilley at the University of Washington contributed geochemical fluid analyses.
Using the research submarine Alvin, they collected samples of hydrothermal fluids flowing from black smokers up to 350 degrees C (662 degrees F), and from ocean floor cracks with lower temperatures.
Samples were taken from Axial Volcano and the Endeavour Segment, both long-term observatory sites along an undersea mountain range about 200 miles off the coast of Washington and Oregon and more than a mile below the ocean's surface.
"We used specialized sampling instruments to measure both the chemical and microbial composition of hydrothermal fluids," says Butterfield.
"This was an effort to understand the biological and chemical factors that determine microbial community structure and growth rates."
A happy twist awaited the researchers as they pieced together a picture of how the methanogens live and work.
At the low-hydrogen Endeavour site, they found that a few hyperthermophilic methanogens eke out a living by feeding on the hydrogen waste produced by other hyperthermophiles.
"This was extremely exciting," says Holden. "We've described a methanogen ecosystem that includes a symbiotic relationship between microbes."
The research was also supported by the NASA Astrobiology Institute and the National Oceanic and Atmospheric Administration.
NASA PHOTOS
FROM: NASA
On Feb. 12, 1984, astronaut Bruce McCandless, ventured further away from the confines and safety of his ship than any previous astronaut had ever been. This space first was made possible by a nitrogen jet propelled backpack, previously known at NASA as the Manned Manuevering Unit or MMU.
After a series of test maneuvers inside and above Challenger's payload bay, McCandless went "free-flying" to a distance of 320 feet away from the Orbiter. This stunning orbital panorama view shows McCandless out there amongst the black and blue of Earth and space.
Bruce McCandless Image CreditNASA
Earth's MoonPhotographed by the Expedition 28 crew aboard the International Space Station, this image shows the moon, the Earth's only natural satellite, at center with the limb of Earth near the bottom transitioning into the orange-colored troposphere, the lowest and most dense portion of the Earth's atmosphere. The troposphere ends abruptly at the tropopause, which appears in the image as the sharp boundary between the orange- and blue-colored atmosphere. The
silvery-blue noctilucent clouds extend far above the Earth's troposphere.
Image Credit: NASA
U.S. MARSHALS AUCTION OF JEWELRY, COINS
Platinum ring with a 15-carat fancy yellow diamond, lot 194, valued up to $180,000. U.S. Marshals To Auction 255 Lots of Fine Jewelry, Watches, Gold Coins
Washington – The U.S. Marshals Service is conducting a live and Web simulcast auction to sell 255 lots of fine jewelry, watches and gold coins in San Antonio Saturday. The auction starts at 10 a.m. CDT at the Adrian Spears Judicial Training Center, and the Web simulcast is at www.txauction.com. A public preview is scheduled for Friday from 11 a.m. to 4 p.m.
A $1,000 refundable deposit must be made by 10 a.m. CDT Thursday in order to participate in the auction online. A catalog with the expected price range for each item is available on the website (www.txauction.com).
Estimated values for the items vary from below $100 to several hundred thousand dollars, so the auction offers an opportunity for everybody from the average consumer to collectors to resellers to wholesalers.
84 fine gold bullion coins, lot 131, valued up to $131,700
The items being sold were seized from federal court cases nationwide and are now forfeited to the government. The U.S. Marshals Service consolidates pieces from cases nationwide and holds a large auction several times a year. Proceeds generated from the auctions are used to compensate victims of crimes and supplement law enforcement programs.
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Washington – The U.S. Marshals Service is conducting a live and Web simulcast auction to sell 255 lots of fine jewelry, watches and gold coins in San Antonio Saturday. The auction starts at 10 a.m. CDT at the Adrian Spears Judicial Training Center, and the Web simulcast is at www.txauction.com. A public preview is scheduled for Friday from 11 a.m. to 4 p.m.
A $1,000 refundable deposit must be made by 10 a.m. CDT Thursday in order to participate in the auction online. A catalog with the expected price range for each item is available on the website (www.txauction.com).
Estimated values for the items vary from below $100 to several hundred thousand dollars, so the auction offers an opportunity for everybody from the average consumer to collectors to resellers to wholesalers.
84 fine gold bullion coins, lot 131, valued up to $131,700
The items being sold were seized from federal court cases nationwide and are now forfeited to the government. The U.S. Marshals Service consolidates pieces from cases nationwide and holds a large auction several times a year. Proceeds generated from the auctions are used to compensate victims of crimes and supplement law enforcement programs.
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THE MOOSE AND ISLE ROYAL VEGITATION
Photo: Male Moose. Credit: Wikimedia/U.S. Fish and Wildlife Service.
FROM: NATIONAL SCIENCE FOUNDATION
From Lake to Land, in a Land of Lakes
What animal can see only a limited distance, has no top front teeth, and prefers shady, wet areas such as bogs and marshes?
If you guessed a moose, Alces alces, you'd be correct.
When summer or autumn travels take you through northern regions dotted with lakes and ponds, you may glimpse this creature, water dripping from its bell--the flap of skin under its throat. It's most often visible in early morning and at dusk, and in low, wet areas.
Like many of us, moose don't like hot weather. They overheat at summer temperatures above 59 degrees Fahrenheit (15 degrees Celsius). So, on hot days they take to the waters--the edges of wet bogs lined with shade trees.
What moose find there is of interest to ecologists Joseph Bump, Rolf Peterson and John Vucetich of Michigan Technological University.
With funding from the National Science Foundation (NSF), the scientists study relationships between moose, wolves and the environment on a remote island in Lake Superior called Isle Royale. The project has been ongoing for five decades.
Isle Royale is a perfect place for moose: water in every direction; shores lined with pondweed, water lilies and other aquatic vegetation upon which moose feed; and nearby forests laden with other favored moose foods like the buds and twigs of willow, aspen, red dogwood and balsam fir trees.
Moose live in the northern areas of North America, Europe and Eurasia in the cold climates of mixed deciduous-coniferous forests. They're the northern forest's largest herbivores.
Each moose chomps down about three million bites of shrubs and trees and eats three metric tons of leaves and twigs every year. The Ojibwe people, Native Americans long familiar with the animal, call it "mooz," meaning "twig eater."
A typical moose, which weighs almost 800 pounds, may eat up to 70 pounds of food each day. The average adult moose consumes some 9,770 calories per day to maintain its body weight.
Some of a moose's energy comes from vegetation that grows on land, but many land-based plants are low in sodium. The larger plants of lakes, ponds and wetlands, known as aquatic macrophytes, provide moose with the sodium they need. As much as half a moose's diet consists of aquatic macrophytes.
Where do the remains from all this foraging wind up?
They come ashore, according to research conducted by Bump, Peterson and Vucetich, along with Keren Tischler of Common Coast Research & Conservation in Hancock, Mich., and Amy Schrank of the University of Michigan Biological Station.
When moose forage on aquatic macrophytes, which are also rich in nitrogen, then make their way onto land, they're acting as a conduit for the plants' nitrogen. Spots in which moose excrete waste, and where they die, are direct routes from water-to-land for this element.
"Moose transfer significant amounts of aquatic-derived nitrogen to terrestrial [on land] ecosystems," says Bump. "They greatly increase nitrogen in riparian, or shoreline, zones."
The scientists looked at how this process happens by analyzing data on moose densities, foraging parameters, excretion models and moose carcass locations. They published the results in a paper in the Journal of Animal Ecology.
"Nutrients in salmon, birds, river otters, insects and other animals play a major role in linking aquatic and terrestrial ecosystems," says Bump.
Predators also influence that nutrient transfer. On Isle Royale, when moose are killed by wolves, what's left of their bodies decomposes, transferring nitrogen from the aquatic plants the moose once ate to the land that ultimately lies beneath them.
"It's hard to imagine what species as diverse as moose, salmon and midges, for example, might have in common," says Saran Twombly, program director in NSF's Division of Environmental Biology, which funded the research.
"Yet all three transfer significant quantities of nutrients from aquatic to terrestrial habitats. On Isle Royale, wolves add to this total amount. They kill moose in specific locations and generate 'hotspots' where nitrogen is transferred from lake to shore."
Moose first arrived on Isle Royale in the early 1900s and increased rapidly in what was once a predator-free environment. Then wolves found their way to the island in the late 1940s; they crossed a winter ice bridge that connected Isle Royale with mainland Ontario. "The lives of Isle Royale moose would never be the same," says Vucetich.
The island's moose population is usually between 700 and 1,200 animals. Wolves there, now down to nine, at times have reached nearly 50.
Isle Royale's moose increase soil nutrients and microbial biomass, change soil microbial composition and increase nitrogen in plants near kill sites for at least two or three years after a moose's death.
"It's clear that moose link aquatic macrophytes with terrestrial animal and microbial communities," says Vucetich. "Our analysis of long-term carcass patterns--where moose die--shows exactly where such food web links occur on the landscape.
"Given the circumpolar extent of moose, they and the wolves that prey upon them are an important aquatic-terrestrial resource vector in northern ecosystems."
FROM: NATIONAL SCIENCE FOUNDATION
From Lake to Land, in a Land of Lakes
What animal can see only a limited distance, has no top front teeth, and prefers shady, wet areas such as bogs and marshes?
If you guessed a moose, Alces alces, you'd be correct.
When summer or autumn travels take you through northern regions dotted with lakes and ponds, you may glimpse this creature, water dripping from its bell--the flap of skin under its throat. It's most often visible in early morning and at dusk, and in low, wet areas.
Like many of us, moose don't like hot weather. They overheat at summer temperatures above 59 degrees Fahrenheit (15 degrees Celsius). So, on hot days they take to the waters--the edges of wet bogs lined with shade trees.
What moose find there is of interest to ecologists Joseph Bump, Rolf Peterson and John Vucetich of Michigan Technological University.
With funding from the National Science Foundation (NSF), the scientists study relationships between moose, wolves and the environment on a remote island in Lake Superior called Isle Royale. The project has been ongoing for five decades.
Isle Royale is a perfect place for moose: water in every direction; shores lined with pondweed, water lilies and other aquatic vegetation upon which moose feed; and nearby forests laden with other favored moose foods like the buds and twigs of willow, aspen, red dogwood and balsam fir trees.
Moose live in the northern areas of North America, Europe and Eurasia in the cold climates of mixed deciduous-coniferous forests. They're the northern forest's largest herbivores.
Each moose chomps down about three million bites of shrubs and trees and eats three metric tons of leaves and twigs every year. The Ojibwe people, Native Americans long familiar with the animal, call it "mooz," meaning "twig eater."
A typical moose, which weighs almost 800 pounds, may eat up to 70 pounds of food each day. The average adult moose consumes some 9,770 calories per day to maintain its body weight.
Some of a moose's energy comes from vegetation that grows on land, but many land-based plants are low in sodium. The larger plants of lakes, ponds and wetlands, known as aquatic macrophytes, provide moose with the sodium they need. As much as half a moose's diet consists of aquatic macrophytes.
Where do the remains from all this foraging wind up?
They come ashore, according to research conducted by Bump, Peterson and Vucetich, along with Keren Tischler of Common Coast Research & Conservation in Hancock, Mich., and Amy Schrank of the University of Michigan Biological Station.
When moose forage on aquatic macrophytes, which are also rich in nitrogen, then make their way onto land, they're acting as a conduit for the plants' nitrogen. Spots in which moose excrete waste, and where they die, are direct routes from water-to-land for this element.
"Moose transfer significant amounts of aquatic-derived nitrogen to terrestrial [on land] ecosystems," says Bump. "They greatly increase nitrogen in riparian, or shoreline, zones."
The scientists looked at how this process happens by analyzing data on moose densities, foraging parameters, excretion models and moose carcass locations. They published the results in a paper in the Journal of Animal Ecology.
"Nutrients in salmon, birds, river otters, insects and other animals play a major role in linking aquatic and terrestrial ecosystems," says Bump.
Predators also influence that nutrient transfer. On Isle Royale, when moose are killed by wolves, what's left of their bodies decomposes, transferring nitrogen from the aquatic plants the moose once ate to the land that ultimately lies beneath them.
"It's hard to imagine what species as diverse as moose, salmon and midges, for example, might have in common," says Saran Twombly, program director in NSF's Division of Environmental Biology, which funded the research.
"Yet all three transfer significant quantities of nutrients from aquatic to terrestrial habitats. On Isle Royale, wolves add to this total amount. They kill moose in specific locations and generate 'hotspots' where nitrogen is transferred from lake to shore."
Moose first arrived on Isle Royale in the early 1900s and increased rapidly in what was once a predator-free environment. Then wolves found their way to the island in the late 1940s; they crossed a winter ice bridge that connected Isle Royale with mainland Ontario. "The lives of Isle Royale moose would never be the same," says Vucetich.
The island's moose population is usually between 700 and 1,200 animals. Wolves there, now down to nine, at times have reached nearly 50.
Isle Royale's moose increase soil nutrients and microbial biomass, change soil microbial composition and increase nitrogen in plants near kill sites for at least two or three years after a moose's death.
"It's clear that moose link aquatic macrophytes with terrestrial animal and microbial communities," says Vucetich. "Our analysis of long-term carcass patterns--where moose die--shows exactly where such food web links occur on the landscape.
"Given the circumpolar extent of moose, they and the wolves that prey upon them are an important aquatic-terrestrial resource vector in northern ecosystems."
BASKETBALL ;AND THE TOOLS FOR SOLDIERS
Staff Sgt. Terrell Moorer (left), 529th Regimental Support Company, 3d U.S. Infantry Regiment (The Old Guard), leads Staff Sgt. Patrick Hallin a shuffle drill during physical fitness training Aug. 16 at Joint Base Myer-Henderson Hall, Va. Moorer, a two-season All-Army Basketball player, uses the shuffle drill to help soldiers work on their agility. U.S. Army photo by Staff Sgt. Megan Garcia
By Staff Sgt. Megan Garcia
3rd U.S. Infantry Regiment
JOINT BASE MYER-HENDERSON HALL, Va., Aug. 17, 2012 - He initially joined the Army in hopes of one day playing for the all-Army men's basketball team, a goal he later achieved. But Staff Sgt. Terrell Moorer said he never imagined the tools the game of basketball would give him in leading his soldiers.
"It's what kept me out of the streets, and it's what led me into the Army," Moorer said. "Basketball is my life."
"It taught me teamwork," he added "In basketball if your players don't work together, the team won't score. The same way I depend on my teammates to rotate to the right position [on the court] is the same way I depend on my soldiers."
Moorer is a motor transport operator assigned to the 529th Regimental Support Company, 3rd U.S. Infantry Regiment [The Old Guard]. "If my soldiers don't work together to transport those guys to their location, we don't accomplish the mission," the staff sergeant said.
Soldiers of The Old Guard, the U.S. Army's official ceremonial unit, participate in high-profile ceremonies across the nation and around the world. Moorer leads the group of soldiers responsible for driving them to every event.
Capt. Scott Donoughe, 529th RSC commander, said, "Essentially, the 529th Transportation Platoon has a no-fail mission. If we don't get those soldiers there on time for something like a presidential event, it could have national implications." said.
The captain said a leader in the platoon must therefore be agile and adaptive.
"You have to make quick decisions, as you do on the basketball court," Donoughe said. "Staff Sgt. Moorer exemplifies those characteristics."
Moorer attributes his attentiveness and coordination skills to his 16 years in the game.
"When you have been running up and down the court for so long, you have to have a lot of things working for you all at once," said Moorer. "Stamina, endurance and even a good breathing technique; all these things have to work together."
When he was a private first class with few leadership responsibilities, Moore said, those traits were only necessary when he was playing. Now, as a noncommissioned officer in charge of 14 soldiers, he's learned to incorporate them into the workplace.
"It's increased my mental capacity," Moorer said. "It's a lot different going from worrying about yourself and being able to deal with your own problems, to dealing with soldiers and the everyday problems that they may have."
Moorer said he instills this same willpower in the troops he leads.
"My soldiers have to be able to drive long hours and distances on the road and maneuver in and out of traffic without being fatigued," he noted.
During physical training, Moorer teaches his soldiers basketball drills to help them cope with these challenges. He said he believes such drills can help condition and build his soldiers' resilience on the road.
"I always preach to my troops that when you are physically in shape, mentally you feel better and are able to deal with stress a lot better," Moorer said.
Moorer also saw his efforts pay off as his soldiers' Army Physical Fitness Test scores increased by an average of 50 points. He also helped four soldiers lose weight through his diet.
"I started bringing salad to work for lunch so my soldiers could see what I was eating," Moorer said. "Nine times out of 10, if you lead by example, a lot of them will take note and they will do the same thing."
Spc. Brandon Mayer, one of Moorer's soldiers, said the staff sergeant helped him push through challenges and earn the promotion he received June 1 after he earlier failed to meet the APFT and weight requirements.
"He was there as a guardian angel over my shoulder," said Mayer. "He motivated me to work harder and eat healthier. His drills helped me increase my cardio, give me stamina and strengthen my abs. I was able to lose the weight and pass my PT test. I hope to follow in his footsteps one day."
Moorer has played two seasons with the all-Army men's basketball team and said he plans to try out for a third later this year.
"I'm absolutely amazed by basketball," said Moorer. "Some people say it's just a game, but it's more than just a game. I've been able to use it to change soldiers' lives."
By Staff Sgt. Megan Garcia
3rd U.S. Infantry Regiment
JOINT BASE MYER-HENDERSON HALL, Va., Aug. 17, 2012 - He initially joined the Army in hopes of one day playing for the all-Army men's basketball team, a goal he later achieved. But Staff Sgt. Terrell Moorer said he never imagined the tools the game of basketball would give him in leading his soldiers.
"It's what kept me out of the streets, and it's what led me into the Army," Moorer said. "Basketball is my life."
"It taught me teamwork," he added "In basketball if your players don't work together, the team won't score. The same way I depend on my teammates to rotate to the right position [on the court] is the same way I depend on my soldiers."
Moorer is a motor transport operator assigned to the 529th Regimental Support Company, 3rd U.S. Infantry Regiment [The Old Guard]. "If my soldiers don't work together to transport those guys to their location, we don't accomplish the mission," the staff sergeant said.
Soldiers of The Old Guard, the U.S. Army's official ceremonial unit, participate in high-profile ceremonies across the nation and around the world. Moorer leads the group of soldiers responsible for driving them to every event.
Capt. Scott Donoughe, 529th RSC commander, said, "Essentially, the 529th Transportation Platoon has a no-fail mission. If we don't get those soldiers there on time for something like a presidential event, it could have national implications." said.
The captain said a leader in the platoon must therefore be agile and adaptive.
"You have to make quick decisions, as you do on the basketball court," Donoughe said. "Staff Sgt. Moorer exemplifies those characteristics."
Moorer attributes his attentiveness and coordination skills to his 16 years in the game.
"When you have been running up and down the court for so long, you have to have a lot of things working for you all at once," said Moorer. "Stamina, endurance and even a good breathing technique; all these things have to work together."
When he was a private first class with few leadership responsibilities, Moore said, those traits were only necessary when he was playing. Now, as a noncommissioned officer in charge of 14 soldiers, he's learned to incorporate them into the workplace.
"It's increased my mental capacity," Moorer said. "It's a lot different going from worrying about yourself and being able to deal with your own problems, to dealing with soldiers and the everyday problems that they may have."
Moorer said he instills this same willpower in the troops he leads.
"My soldiers have to be able to drive long hours and distances on the road and maneuver in and out of traffic without being fatigued," he noted.
During physical training, Moorer teaches his soldiers basketball drills to help them cope with these challenges. He said he believes such drills can help condition and build his soldiers' resilience on the road.
"I always preach to my troops that when you are physically in shape, mentally you feel better and are able to deal with stress a lot better," Moorer said.
Moorer also saw his efforts pay off as his soldiers' Army Physical Fitness Test scores increased by an average of 50 points. He also helped four soldiers lose weight through his diet.
"I started bringing salad to work for lunch so my soldiers could see what I was eating," Moorer said. "Nine times out of 10, if you lead by example, a lot of them will take note and they will do the same thing."
Spc. Brandon Mayer, one of Moorer's soldiers, said the staff sergeant helped him push through challenges and earn the promotion he received June 1 after he earlier failed to meet the APFT and weight requirements.
"He was there as a guardian angel over my shoulder," said Mayer. "He motivated me to work harder and eat healthier. His drills helped me increase my cardio, give me stamina and strengthen my abs. I was able to lose the weight and pass my PT test. I hope to follow in his footsteps one day."
Moorer has played two seasons with the all-Army men's basketball team and said he plans to try out for a third later this year.
"I'm absolutely amazed by basketball," said Moorer. "Some people say it's just a game, but it's more than just a game. I've been able to use it to change soldiers' lives."
Saturday, August 18, 2012
JUSTICE DEPARTMENT, COUNTRY CLUB SETTLE DISCRIMINATION CASE

Thursday, August 16, 2012
Justice Department Settles Race Discrimination Case Against Pennsylvania Country Club
The Justice Department announced today that it has reached a settlement agreement with Valley Club, a former swimming facility located in Huntingdon Valley, Pa, resolving allegations that the company discriminated against persons because of race. The Justice Department’s investigation was conducted under Title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin and religion in places of public accommodation, such as hotels, restaurants and places of entertainment.
The settlement agreement, which must be approved by the Bankruptcy Court for the Eastern District of Pennsylvania, also resolves A.B., et al. v. The Valley Club of Huntingdon Valley, PA, a private suit filed by the children and their families, as well as discrimination claims filed with the Pennsylvania Human Relations Commission (PHRC) under the Pennsylvania Human Relations Act. The Chief Magistrate Judge of the District Court for the Eastern District of Pennsylvania approved the settlement agreement after formal mediation efforts. The department investigated this matter jointly with the Pennsylvania Human Relations Commission.
In January 2010, the department filed a complaint following an incident at the Valley Club in June 2009. Creative Steps Inc. a Northeast Philadelphia children’s day camp, had paid the club a fee to give its campers access to the club’s swimming pool for the summer. On the first day they swam, the children reported hearing racial slurs while enjoying the pool. On July 3, 2009, the club refunded the day camp’s membership fee and prohibited the children from returning to swim.
"No one may be denied the right to use a swimming pool because of their race or the color of their skin," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Justice Department will continue to protect vigorously the rights of persons of all races to be free from discrimination in public accommodations across the country."
Valley Club filed for Chapter 7 Bankruptcy protection in November 2009. The club property was sold in June 2010 for $1,460,000. The settlement agreement stipulates that once the administration of the estate and the bankruptcy case is closed and after paying allowed costs and fees, the remaining assets will be paid to more than 50 children, their camp counselors and to Creative Steps.
"This settlement provides significant opportunity to children who were denied an opportunity based on their skin color," said JoAnn Edwards, executive director of the Pennsylvania Human Relations Commission. "Our hope is that this case serves as prevention for years to come and a reminder that discrimination is illegal, and has no place in Pennsylvania."
The settlement also provides that $65,000 will be set aside from the proceeds of the sale of the Valley Club property for the creation of a leadership council that comprises former Valley Club members, Creative Steps counselors, campers and their families. The children and families affected by the Valley Club incident will take leadership roles in planning swimming, educational and recreational opportunities for the community.
GENERAL HAM SAYS AFRICAN EXERCISE ENDED IN SUCCESS
Marine Corps Cpl. Aaron Bohlen helps a Botswanan soldier fire a non-lethal weapon at a range at Thebephatshwa Air Base, Botswana, during Southern Accord 12. DOD photo by Donna Miles
FROM: U.S. DEPARTMENT OF DEFENSE
Ham Closes Southern Accord Praising U.S.-Botswana Partnership
By Donna Miles
American Forces Press Service
THEBEPHATSHWA AIR BASE, Botswana, Aug. 16, 2012 - The commander of U.S. Africa Command closed one of the largest joint exercises ever conducted on the African continent here today, praising the Botswanan military as a capable partner and an important and positive influence throughout southern Africa.
Army Gen. Carter F. Ham closed Exercise Southern Accord 12, a joint, three-week exercise that included about 700 U.S. soldiers, Marines, airmen and sailors and an equal number of their Botswana Defense Force counterparts.
Africom says the purpose of the exercise, the first of seven iterations of Southern Accord to be hosted by Botswana, is to train both militaries in peace keeping operations in Sub-Saharan Africa. An ambitious training schedule covered the gamut, from tactical and peacekeeper training to humanitarian road building and medical outreach missions.
"Over the past few weeks, American and Botswanan forces together have done a tremendous amount of training, and they have provided needed assistance to many people here in the country of Botswana," Ham said.
Though the engineers built roads and ponds during the exercise, he said, "the most important thing they built ... was trust."
That, he told a formation of U.S. and Botswanan troops assembled for the ceremony, helped to deepen an already-strong professional relationship between the two militaries. "It is the friendship, the partnership, the cooperation, the trust that has been built that will endure," he said.
Ham, on his first trip to Botswana since taking command of U.S. Africa Command about a year and a half ago, said the visit reinforced his appreciation for the Botswana Defense Force's capabilities. "From my observation, the Botswana Defense Force is one of the most professional military organizations that I have encountered," he said.
Maj. Gen. Placig Segokgo, deputy commander of the Botswana Defense Force, said the exercise offered his troops a chance to showcase that professionalism. "It provides an opportunity for us to benchmark ourselves against the very best," he said. "And it provides an opportunity for us to show ourselves to our American counterparts."
Achieving the ambitious objectives of Southern Accord with flying colors only enhanced that capability, and well as that of the U.S. participants, Ham said.
"I know that the U.S. military personnel depart Botswana better trained than when they arrived," he said. "And I am confident also that the Botswana Defense Force is better trained at the conclusion of this exercise."
Earlier in the day, Ham got a chance to see that proficiency firsthand during a live-fire field training exercise that culminated three weeks of intensive training exchanges. The scenario included a Botswanan-led air assault onto a landing zone, with Botswanan and U.S. forces moving onto an objective to take out elements of a notional enemy force. "This is a complete integration of U.S. and BDF soldiers," Army Lt. Col. Bill Gray, the joint task force operations officer, told Carter during the pre-mission briefing.
Among lessons reinforced during the exercise is the importance of strong junior- and mid-level officers, noncommissioned officers and warrant officers who serve as models and mentors for younger troops, Ham told reporters before the ceremony.
"We need to empower them, we need to train them, we need to help them become [the best] leaders they can possibly be, because they are the leaders at the tip of the spear," he said.
"Whether it is a combat operation or humanitarian assistance, it is most often a lieutenant or a sergeant or a staff sergeant or a corporal who is leading those soldiers," Ham said. "And the more investment we can make in training those junior leaders, the better off we will all be."
Ham recognized the strong leadership skills both militaries exhibited as they took on the challenges presented to them. "You have all, Botswanans and Americans, demonstrated during this exercise that you are prepared to take on a variety of challenging missions," he said, most importantly, their own national defense.
The nature of Southern Accord, with its mix of joint, combined operations that included interagency and nongovernmental aspects, reflects the type of operations the two countries are likely to conduct, Ham noted. "So the more opportunities we have to rehearse the practice those scenarios in a training exercise such as Southern Accord, the better off we will all be," he said.
This has far-reaching impact in the region, Ham told the assembly. "The Botswana Defense Force is, indeed, an important partner for the United States that provides a very positive influence throughout the Southern African region," he said.
FROM: U.S. DEPARTMENT OF DEFENSE
Ham Closes Southern Accord Praising U.S.-Botswana Partnership
By Donna Miles
American Forces Press Service
THEBEPHATSHWA AIR BASE, Botswana, Aug. 16, 2012 - The commander of U.S. Africa Command closed one of the largest joint exercises ever conducted on the African continent here today, praising the Botswanan military as a capable partner and an important and positive influence throughout southern Africa.
Army Gen. Carter F. Ham closed Exercise Southern Accord 12, a joint, three-week exercise that included about 700 U.S. soldiers, Marines, airmen and sailors and an equal number of their Botswana Defense Force counterparts.
Africom says the purpose of the exercise, the first of seven iterations of Southern Accord to be hosted by Botswana, is to train both militaries in peace keeping operations in Sub-Saharan Africa. An ambitious training schedule covered the gamut, from tactical and peacekeeper training to humanitarian road building and medical outreach missions.
"Over the past few weeks, American and Botswanan forces together have done a tremendous amount of training, and they have provided needed assistance to many people here in the country of Botswana," Ham said.
Though the engineers built roads and ponds during the exercise, he said, "the most important thing they built ... was trust."
That, he told a formation of U.S. and Botswanan troops assembled for the ceremony, helped to deepen an already-strong professional relationship between the two militaries. "It is the friendship, the partnership, the cooperation, the trust that has been built that will endure," he said.
Ham, on his first trip to Botswana since taking command of U.S. Africa Command about a year and a half ago, said the visit reinforced his appreciation for the Botswana Defense Force's capabilities. "From my observation, the Botswana Defense Force is one of the most professional military organizations that I have encountered," he said.
Maj. Gen. Placig Segokgo, deputy commander of the Botswana Defense Force, said the exercise offered his troops a chance to showcase that professionalism. "It provides an opportunity for us to benchmark ourselves against the very best," he said. "And it provides an opportunity for us to show ourselves to our American counterparts."
Achieving the ambitious objectives of Southern Accord with flying colors only enhanced that capability, and well as that of the U.S. participants, Ham said.
"I know that the U.S. military personnel depart Botswana better trained than when they arrived," he said. "And I am confident also that the Botswana Defense Force is better trained at the conclusion of this exercise."
Earlier in the day, Ham got a chance to see that proficiency firsthand during a live-fire field training exercise that culminated three weeks of intensive training exchanges. The scenario included a Botswanan-led air assault onto a landing zone, with Botswanan and U.S. forces moving onto an objective to take out elements of a notional enemy force. "This is a complete integration of U.S. and BDF soldiers," Army Lt. Col. Bill Gray, the joint task force operations officer, told Carter during the pre-mission briefing.
Among lessons reinforced during the exercise is the importance of strong junior- and mid-level officers, noncommissioned officers and warrant officers who serve as models and mentors for younger troops, Ham told reporters before the ceremony.
"We need to empower them, we need to train them, we need to help them become [the best] leaders they can possibly be, because they are the leaders at the tip of the spear," he said.
"Whether it is a combat operation or humanitarian assistance, it is most often a lieutenant or a sergeant or a staff sergeant or a corporal who is leading those soldiers," Ham said. "And the more investment we can make in training those junior leaders, the better off we will all be."
Ham recognized the strong leadership skills both militaries exhibited as they took on the challenges presented to them. "You have all, Botswanans and Americans, demonstrated during this exercise that you are prepared to take on a variety of challenging missions," he said, most importantly, their own national defense.
The nature of Southern Accord, with its mix of joint, combined operations that included interagency and nongovernmental aspects, reflects the type of operations the two countries are likely to conduct, Ham noted. "So the more opportunities we have to rehearse the practice those scenarios in a training exercise such as Southern Accord, the better off we will all be," he said.
This has far-reaching impact in the region, Ham told the assembly. "The Botswana Defense Force is, indeed, an important partner for the United States that provides a very positive influence throughout the Southern African region," he said.
AIR FORCE HISTORICAL PHOTOS
FROM: U.S. AIR FORCE National Guard aviation predated World War I. PFC Beckwith Havens, celebrated as the Guard’s first pilot, is shown here on an aerial photo mission. He first flew for the Guard in joint maneuvers with Guard and Army units in 1912
Gallaudet Tractor biplane rented by the Aviation Detachment, 1st Battalion, Signal Corps, New York National Guard, in 1915.
CURIOSITY LASER READIES FOR MARTIAN TARGETS

RIGHT: Chem Cam Calibration PreLaunch. PHOTO CREDIT: Los Alamos National Laboratory
ChemCam Laser Sets its Sights on First Martian Target
Rock zapper ready after beaming back images of calibration targets
LOS ALAMOS, NEW MEXICO, August 17, 2012—Members of the Mars Science Laboratory Curiosity rover ChemCam team have received the first photos from the instrument’s remote micro imager. The successful capture of ChemCam’s first 10 photos sets the stage for the first test bursts of the instrument’s rock-zapping laser in the near future.
"The successful delivery of these photos means we can begin efforts in earnest for the first images of Mars rocks by the ChemCam instrument and the first use of the instrument’s laser," said Los Alamos National Laboratory planetary scientist Roger Wiens, Principal Investigator of the ChemCam Team. "We anticipate these next steps over the weekend."
The next tasks for ChemCam—the inaugural laser burst and spectral reading—will help scientists determine the integrity of the ChemCam system and the pointing capability of the rover’s mast, which supports ChemCam’s laser and telescope. Scientists and engineers from NASA’s Curiosity rover mission have selected ChemCam’s first target, a three-inch rock designated N-165 located near the rover.
"Rock N-165 looks like your typical Mars rock, about three inches (seven centimeters) wide and it's about 10 feet away," Wiens said. "We are going to hit it with 14 milliJoules of energy 30 times in 10 seconds. It is not only going to be an excellent test of our system, but it should be pretty cool too."
The ChemCam system is one of 10 instruments mounted on the MSL mission’s Curiosity rover—a six-wheeled mobile laboratory that will roam more than 12 miles of the planet’s surface during the course of one Martian year (98 Earth weeks).
When ChemCam fires its extremely powerful laser pulse, it briefly focuses the energy of a million light bulbs onto an area the size of a pinhead. The laser blast vaporizes a small amount of its target up to seven meters (23 feet) away.
The resultant flash of glowing plasma is viewed by the system’s 4.3-inch aperture telescope, which sends the light down an optical fiber to a spectrometer located in the body of the rover. There the colors of the light from the flash are recorded, enabling scientists to determine the elemental composition of the vaporized material. ChemCam also has a high-resolution camera that provides close-up images of an analyzed location. It can image a human hair from seven feet away.
The ChemCam system is designed to capture as many as 14,000 observations throughout the mission.
The laser, telescope, and camera were provided by the French space agency, CNES, while the spectrometers, electronics, and software were built at Los Alamos National Laboratory, which leads the investigation. The spectrometers were developed with the aid of Ocean Optics, Incorporated, and Jet Propulsion Laboratory assisted with various aspects of development.
"THIS WEEK AT NASA..." ARTICLES

Endeavour was moved from Orbiter Processing Facility 2 to the Vehicle Assembly Building where it will be housed temporarily until its targeted departure from Kennedy atop the Shuttle Carrier Aircraft in mid-September. After a stop at the Los Angeles International Airport, Endeavour will move in mid-October to the California Science Center for permanent public display.
Now in the processing facility after leaving the Vehicle Assembly Building, shuttle Atlantis will undergo preparations for its move to the Kennedy Space Center Visitor Complex in November, with a grand opening planned for July 2013.
FROM: NASA
This Week at NASA…
PRESIDENT OBAMA THANKS CURIOSITY TEAM – JPL
President Obama: "It is great to talk to all of you and I just wanted you to know that we could not be more excited."
At the Jet Propulsion Laboratory, the Mars Curiosity flight control team took a few minutes from tending to NASA’s newest Red Planet rover to receive a special congratulatory phone call from President Barack Obama who was aboard AIR FORCE ONE.
President Obama: "What you’ve accomplished embodies the American Spirit and your passion and your commitment is making a difference and your hard work is now paying dividends, because our expectation is that Curiosity is going to be telling us things that we did not know before and laying the groundwork for an even more audacious undertaking in the future and that’s a human mission to the Red Planet."
JPL Director Charles Elachi thanked the President for his praise – and echoed the commander-in-chief’s hope that the excitement generated by the mission would help inspire a sense of exploration among younger generations.
Charles Elachi, Center Director, Jet Propulsion Laboratory: "On behalf of all of us at NASA, we thank you for taking the time to give us a call and hopefully we inspired some of the millions of young people who were watching this landing."
The president also emphasized that this mission is an international effort – offering gratitude to several of the countries that have contributed science instruments and expertise to aid Curiosity’s quest for evidence of microbial life on Mars.
President Obama: "Spain, Russia, Germany, Japan, Canada, Italy, Australia … all of them contributed to the instrumentation that Curiosity landed on the Martian surface."
The rover team continues to transition Curiosity to a state of readiness for roving the Martian surface. Here’s a quick report from JPL on what’s been happening since Curiosity’s landing.
This Picasso-like self-portrait of NASA's Curiosity rover was taken by its navigation cameras, located on the now-upright mast. The camera snapped pictures 360-degrees around the rover, while pointing down at the rover deck, up and straight ahead. Those images are shown here in a polar projection. Most of the tiles are thumbnails, or small copies of the full-resolution images that have not been sent back to Earth yet. Two of the tiles are full-resolution.
Image Credit: NASA/JPL-Caltech
MARS ROVER REPORT – JPL (CP) Bobak Ferdowsi Reporting
Hi I’m Bobak Ferdowsi, flight director with the Mars Science Laboratory Curiosity and this is your Curiosity Rover Update.
This week, we did a color panorama surrounding the rover with both the Mastcam, in addition to the Navcams, and we also upgraded the software on board on both computers of the rover this week.
This new software is like having new applications with new functionalities on the rover to allow us to do mobility, deploy the arm and get to the science we’re looking forward to on the mission.
We also did a series of instrument checkouts. Those included the ChemCam instrument, The CheMin instrument, RAD science, REMS, APXS, SAM and the additional cameras on the rover, including the MAHLI instrument.
We also downlinked some MARDI high-resolution data images. Those are from the descent imager.
Coming up this week, we’ll be using the ChemCam to zap targets for the first time. We’ll also be deploying the arm and we’ll be checking the mobility system by doing what we call a rover bump, or a short drive.
RECORD BREAKING GALAXY CLUSTER – CXC
Astronomers have found an extraordinary galaxy cluster, one of the largest objects in the universe, that is breaking several important cosmic records. Observations of the Phoenix cluster, located about 5.7 billion light years from Earth, with NASA's Chandra X-ray Observatory, the National Science Foundation's South Pole Telescope, and eight other world-class observatories may force astronomers to rethink how these colossal structures and the galaxies that inhabit them evolve.
Stars are forming in the Phoenix cluster at the highest rate ever observed for the middle of a galaxy cluster. The object also is the most powerful producer of X-rays of any known cluster and among the most massive. The data also suggest the rate of hot gas cooling in the central regions of the cluster is the largest ever observed.
Because of their tremendous size, galaxy clusters are crucial objects for studying cosmology and galaxy evolution, so finding one with such extreme properties like the Phoenix cluster is important.
RUSSIAN SPACEWALK PREVIEW – JSC (To be updated on 8/20)
Kieth Johnson, lead U.S. spacewalk officer: "The last EVA that was performed on space station by the U.S. team was by Mike Fossum and Ron Garan during the STS-135 mission."
The Johnson Space Center hosted members of the media to preview two upcoming spacewalks involving U.S., Russian and Japanese crew members aboard the International Space Station.
On August 30, NASA Flight Engineer Suni Williams and Flight Engineer Aki Hoshide of the Japan Aerospace Exploration Agency are scheduled to egress the Quest airlock for a 6 1/2-hour excursion to perform electrical work on the truss and install cables for a future Russian laboratory module. It will be Hoshide's first spacewalk and the third for a Japanese astronaut.
Ten days before that EVA, Expedition 32 Commander Gennady Padalka and Flight Engineer Yuri Malenchenko of the Russian Federal Space Agency are scheduled to venture outside the Pirs airlock for a six-hour spacewalk to install debris shields on the Zvezda service module and move a telescoping cargo crane from Pirs to the Zarya module.
ORION CHUTE RECOVERY – JSC (CP) Josh Byerly Reporting
While NASA’s teams have been taking a close look at how Orion’s parachutes behave as the 20,000-pound spacecraft descends through the sky, they’ve also been investigating another challenge: How do you recover parachutes that are 100-feet-wide from the water?
NASA’s Neutral Buoyancy Laboratory at the Johnson Space Center in Houston was the setting as these teams took some of Orion’s drogue and main parachutes and dunked them in the water. They were noting how long the chutes stayed afloat, and the best ways to get ‘em out of the water and into a boat. Each one of the main chutes weighs close to 300 pounds; the water doubles that weight. So testing ways of handling them – and doing it safely – is important.
Chris Johnson, Orion Parachute Project Engineer: "We learn every time we do a parachute test of something. We find ways to improve the parachute design, so that when we finally fly the parachute system for human space flight, it’s a safe and reliable system."
The Orion team was joined by members of the United States NAVY, as well as the recovery forces that will work Exploration Flight Test -1; Orion’s first unmanned test flight scheduled for 2014. That flight will send Orion more than 3600 miles into space, reaching speeds of more than 20,000 miles per hour, and returning for a splashdown in the Pacific Ocean. This recovery testing on Orion’s parachutes and the capsule itself will continue during the lead up to EFT-1. Orion also has more drop tests planned at the Langley Research Center and parachute tests at the U.S. Army Yuma Proving Grounds later this month.
HELIO DECADAL SURVEY – HQ
Thomas H. Zurbuchen, University of Michigan: "The decade we believe will be one of discovery and one of new and innovative approaches and tools –things that we will develop."
The National Research Council has released its second decadal survey in solar and space physics, or heliophysics. The broad-based assessment identifies the highest scientific priorities of the U.S. solar and space physics research enterprise for the next ten years.
Daniel N. Baker, University of Colorado: "It’s truly national in scope, it’s really intended to talk about NASA, NSF, NOAA, DOD – all of the investments that are being made in solar and space physics in various ways."
Requested by NASA and the National Science Foundation, this "decadal survey" follows the NRC’s previous survey in solar and space physics.
FLEXIBLE LEARNING - HQ
Acting Associate Administrator Robert Lightfoot and Langley Research Center Director Lesa Roe joined others at a Headquarters recognition ceremony for contributors to a new FlexBook developed by NASA and the non-profit education organization, CK-12. A Flexbook is an open source textbook that can be customized and evolve with the changing needs of a user – and help maximize STEM teaching and learning in grades K-12.
Robert Lightfoot, NASA Acting Associate Administrator: "As we challenge the boundaries of everything – all of the technologies that we need to do that, we’ve got to have the modeling and simulation to allow us to deal with those uncertainties in the environments we’re going to face, the temperatures, the pressures – all of the different things that our spacecraft are going to see. Hopefully this project will help lead to us having that workforce we’re going to need in the future."
The new FlexBook, entitled Modeling and Simulation for High School Teachers: Principles, Problems, and Lesson Plans, is set for broad release this month.
HS3 – WFF (CP) Patrick Black Reporting
An upcoming mission to study the development of Atlantic hurricanes using unmanned aerial vehicles based at the Wallops Flight Facility was discussed during a public presentation at the facility’s Visitor Center. The Hurricane and Severe Storm Sentinel (HS3) is a five-year mission specifically targeted to investigate the processes that underlie hurricane formation and intensity change in the Atlantic Ocean basin.
Marilyn Vasques, HS3 project manager, Ames Research Center: "If we can understand more about the storms then we can predict that better. We can get people out of harm’s way, we can not evacuate people when they don’t need to evacuate, and we can save human lives by making sure that everyone’s informed and has the best information possible."
HS3 will use two NASA Global Hawk unmanned aerial vehicles, one with an instrument suite geared toward measurement of the environment and the other with instruments suited to inner-core structure and processes. The aircraft are capable of flight altitudes greater than 55,000 feet and flight durations of up to 30 hours. More than 200 people will be involved in preparing and supporting the aircraft, flight planning and aircraft coordination and conducting the science data collection.
Marilyn Vasques, HS3 project manager, Ames Research Center: "It’s the volume of data that really makes it unique. And the scientists are all going to be working together and communicating and even showing real time data during the mission to help them understand what they’re seeing, and communicate while they’re doing their evaluation. All this stuff is going to be fed into models that can help us better predict storms."
In addition to the 2012 mission, the project also will be conducted from Wallops in 2013 and 2014, providing sustained measurements over several years due to the limited sampling opportunities in any given hurricane season.
SMOKEY CELEBRATES IN HOUSTON – JSC
Smokey Bear visited the Johnson Space Center to celebrate both his 68th birthday and a Space Act agreement between NASA and the U.S. Forest Service. JSC Deputy Director Ellen Ochoa, astronaut Mike Fossum and others rolled out the red carpet for Smokey and members of both the U.S. and the Texas Forest Service – complete with a tour of Mission Control and birthday cake. Smokey also met Robonaut and its designers, and made a special stop at the JSC Child Care center to talk about fire prevention and to plant a tree to symbolize the partnership between NASA and the Forest Service.
NASA Anniversary: Launch of Voyager 2 – August 20, 1977
On August 20, the Voyager 2 spacecraft chalks up another year of exploration. Thirty-five years ago on that date Voyager 2 launched from Cape Canaveral to explore Jupiter and Saturn. After a string of discoveries at those planets the mission of Voyager 2 and its twin Voyager 1, launched less than a month later, was extended to the outer planets of Uranus and Neptune. The duo’s current campaign, the Voyager Interstellar Mission – is helping NASA reach beyond the outer planets to the "Heliosheath", the outermost layer of the heliosphere where the solar wind is slowed by the pressure of interstellar gas. This extended mission continues to characterize the outer solar system environment and search for the heliopause boundary, the outer limits of the Sun's magnetic field and outward flow of the solar wind.
NASA Anniversary: The "Ride Report" released – August 17, 1987
Twenty-five years ago, in 1987 the late Sally Ride, America’s first woman in space headed a group at NASA Headquarters that completed an assessment of NASA's options beyond the space station. On August 17 of that year NASA released that group’s report, "Leadership and America's Future in Space" which came to be known as the "Ride Report". The document recommended major programs to study earth sciences with powerful orbiting sensors and exploration of the solar system with new generations of robotic probes.
And that’s This Week @NASA.
SEC ANNOUNCES MORE CHARGES, INCLUDING A PRO-BASEBALL PLAYER IN INSIDER TRADING CASE

New Charges in Insider Trading Case Include Former CEO and Professional Baseball Player
Washington, D.C., Aug. 17, 2012 – The Securities and Exchange Commission today announced a second round of charges in an insider trading case involving former professional baseball players and the former top executive at a California-based medical eye products company that was the subject of the illegal trading.
The SEC brought initial charges in the case last year, accusing former professional baseball player Doug DeCinces and three others of insider trading on confidential information ahead of an acquisition of Advanced Medical Optics Inc. DeCinces and his three tippees made more than $1.7 million in illegal profits, and they agreed to pay more than $3.3 million to settle the SEC’s charges.
Now the SEC is charging the source of those illegal tips about the impending transaction – DeCinces’s close friend and neighbor James V. Mazzo, who was the Chairman and CEO of Advanced Medical Optics. The SEC also is charging two others who traded on inside information that DeCinces tipped to them – DeCinces’ former Baltimore Orioles teammate Eddie Murray and another friend David L. Parker, who is a businessman living in Utah.
The SEC alleges that Murray made approximately $235,314 in illegal profits after Illinois-based Abbott Laboratories Inc. publicly announced its plan to purchase Advanced Medical Optics through a tender offer. Murray agreed to settle the SEC’s charges by paying $358,151. The SEC’s case continues against Parker and Mazzo, the latter of whom was directly involved in the tender offer and tipped the confidential information to DeCinces along the way.
"It is truly disappointing when role models, particularly those who have achieved so much in their professional careers, give in to the temptation of easy money," said Daniel M. Hawke, Chief of the SEC Enforcement Division’s Market Abuse Unit and Director of the Philadelphia Regional Office. "Mazzo had repeated personal contacts and communications with DeCinces, who promptly traded and tipped Murray, Parker and others that a deal involving Mazzo’s company was imminent. CEOs and other employees of public companies must resist the lure of sharing confidential information with their friends and always put the interests of their shareholders and company first."
According to the SEC’s complaint filed in U.S. District Court for the Central District of California, the total unlawful profits resulting from Mazzo’s illegal tipping was more than $2.4 million. Once Mazzo began tipping DeCinces with confidential information about the upcoming transaction, DeCinces began to purchase Advanced Medical Optics stock in several brokerage accounts. DeCinces bought more and more shares as the deal progressed and as he continued communicating with Mazzo. DeCinces tipped at least five others who traded on the inside information, including Murray, Parker, and the three traders who settled their charges along with DeCinces last year – physical therapist Joseph J. Donohue, real estate lawyer Fred Scott Jackson, and businessman Roger A. Wittenbach.
According to the SEC’s complaint, Mazzo and DeCinces had been close friends for quite some time and lived in the same exclusive gated community in Laguna Beach, Calif. They socialized together with their wives, belonging to the same Orange County country club and vacationing together overseas. They also communicated frequently by e-mail and through phone calls. Mazzo invested in the restaurant business of DeCinces’ son, and DeCinces’ daughter provided interior decorating services for Mazzo and his wife. Mazzo was directly involved in the impending Advanced Medical Optics/Abbott transaction from its inception in October 2008. With knowledge of confidential information about the deal and his duty not to disclose it, Mazzo illegally tipped DeCinces, who made significant purchases of Advanced Medical Optics shares on Nov. 5, 2008, and continuing up until and near the time of the public announcement of the acquisition.
The SEC alleges that Parker and DeCinces had been friends and business associates at the time of the illegal trading. Between Jan. 6 and Jan. 8, 2009, Parker bought 25,000 shares of Advanced Medical Optics stock on the basis of confidential information received from DeCinces about the impending transaction. Parker made approximately $347,920 when he sold the stock on the same day as the public announcement. Meanwhile on January 7, Murray used all of the available cash in his self-directed brokerage account to purchase 17,000 shares of Advanced Medical Optics stock on the basis of the confidential information that DeCinces communicated to him. Murray sold all of his shares following the public announcement.
Murray agreed to settle the charges against him without admitting or denying the SEC’s allegations by consenting to the entry of a final judgment permanently enjoining him from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. Murray agreed to pay disgorgement of $235,314, prejudgment interest of $5,180, and a penalty of $117,657 for a total of $358,151. The settlement is subject to final approval by the court.
The SEC’s investigation, which is continuing, has been conducted by Colleen K. Lynch, John S. Rymas, and David W. Snyder, who are members of the Market Abuse Unit in Philadelphia, as well as Elaine C. Greenberg, Associate Regional Director in the Philadelphia office, and Sanjay Wadhwa, Deputy Unit Chief in New York. G. Jeffrey Boujoukos, Michael J. Rinaldi, and Scott A. Thompson are handling the litigation. The SEC appreciates the assistance of the Financial Industry Regulatory Authority (FINRA) and the Internal Revenue Service.
MAN PLEADS GUILTY TO ILLEGALLY DISPOSING OF HAZARDOUS WASTE IN ALASKIA
FROM: U.S. DEPARTMENT OF JUSTICE
WASHINGTON – William Duran Vizzerra Jr. pleaded guilty today to illegally disposing of hazardous waste, a felony criminal offense, at a storage lot in Anchorage, Alaska, announced Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division, and Karen L. Loeffler, U.S. Attorney for the District of Alaska.
According to the plea agreement filed in U.S. District Court in the District of Alaska, Vizzerra was the president, director and part-owner of Precision Pavement Markings Inc. (PPMI), a road and parking lot painting and striping business that operated from a storage lot in Anchorage from at least 2006 through 2009. Vizzerra used the storage lot to store hazardous waste, including methyl methacrylate paint and toluene that was used to flush the paint lines, nozzles and sprayers used in his business. Having made no attempts to properly dispose of the waste, on approximately Nov. 1, 2009, Vizzerra illegally abandoned approximately 321 55-gallon drums, 179 five-gallon pails and two 200-gallon totes of hazardous waste. The waste, totaling 204,750 pounds, was determined to be hazardous because it was extremely flammable.
In November 2010, a citizen reported the abandoned drums to the U.S. Environmental Protection Agency (EPA). EPA Criminal Investigation Division Agents observed several hundred 55-gallon drums and smaller containers at the storage lot, some of which were stacked two-high on a trailer and some of which were stored directly on the ground. Many of the drums were marked "waste" or held hazardous markings, such as "flammable" or "flammable liquid." Many were rusted and in decrepit condition or bulging. The investigation revealed that some of the drums were from a prior pavement business of Vizzerra’s that had dissolved several years earlier.
Under the Resource Conservation and Recovery Act, hazardous waste, due to its dangerous qualities, may only be disposed of at a licensed treatment, storage or disposal facility. The storage lot Vizzerra used was neither equipped nor permitted for the disposal of hazardous waste. Yet, knowing this, Vizzerra illegally abandoned and disposed of the waste at the lot, which cost his landlord $380,877.60 to clean up and properly dispose of the waste.
"The illegal disposal of hazardous waste puts everyone in our community at risk," said U.S. Attorney Loeffler. "The defendant in this case knowingly abandoned hundreds of barrels of toluene and other dangerous and highly flammable chemicals. We are fortunate that this dangerous situation was reported, and that the EPA responded to insure that the waste was removed and nobody was hurt. The U.S. Attorney’s Office for the District of Alaska is committed to actively prosecuting environmental crimes for the protection of all Alaskans."
"By first neglecting and then abandoning hazardous chemicals at his place of business, Vizzera's actions put both people and the environment at risk," said Tyler Amon, Special Agent in Charge of EPA's criminal enforcement program in the Northwest. "Adding insult to injury, he then saddled an innocent property owner and taxpayers with a total cleanup cost approaching half a million dollars. Our message in this matter is clear: if you fail to manage hazardous waste safely and responsibly, you will be investigated and prosecuted."
The maximum penalties for knowingly disposing of hazardous waste include five years of incarceration and a fine of $50,000 per day of violation. U.S. District Court Judge Ralph R. Beistline set Vizzerra’s sentencing for Nov. 14, 2012.
The investigation was conducted by the EPA’s Criminal Investigation Division. The case was prosecuted by the Environmental Crimes Section of the Justice Department, the U.S. Attorney’s Office for the District of Alaska, and the Regional Criminal Enforcement Counsel for the Environmental Protection Agency’s Region 10 in Seattle.
WASHINGTON – William Duran Vizzerra Jr. pleaded guilty today to illegally disposing of hazardous waste, a felony criminal offense, at a storage lot in Anchorage, Alaska, announced Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division, and Karen L. Loeffler, U.S. Attorney for the District of Alaska.
According to the plea agreement filed in U.S. District Court in the District of Alaska, Vizzerra was the president, director and part-owner of Precision Pavement Markings Inc. (PPMI), a road and parking lot painting and striping business that operated from a storage lot in Anchorage from at least 2006 through 2009. Vizzerra used the storage lot to store hazardous waste, including methyl methacrylate paint and toluene that was used to flush the paint lines, nozzles and sprayers used in his business. Having made no attempts to properly dispose of the waste, on approximately Nov. 1, 2009, Vizzerra illegally abandoned approximately 321 55-gallon drums, 179 five-gallon pails and two 200-gallon totes of hazardous waste. The waste, totaling 204,750 pounds, was determined to be hazardous because it was extremely flammable.
In November 2010, a citizen reported the abandoned drums to the U.S. Environmental Protection Agency (EPA). EPA Criminal Investigation Division Agents observed several hundred 55-gallon drums and smaller containers at the storage lot, some of which were stacked two-high on a trailer and some of which were stored directly on the ground. Many of the drums were marked "waste" or held hazardous markings, such as "flammable" or "flammable liquid." Many were rusted and in decrepit condition or bulging. The investigation revealed that some of the drums were from a prior pavement business of Vizzerra’s that had dissolved several years earlier.
Under the Resource Conservation and Recovery Act, hazardous waste, due to its dangerous qualities, may only be disposed of at a licensed treatment, storage or disposal facility. The storage lot Vizzerra used was neither equipped nor permitted for the disposal of hazardous waste. Yet, knowing this, Vizzerra illegally abandoned and disposed of the waste at the lot, which cost his landlord $380,877.60 to clean up and properly dispose of the waste.
"The illegal disposal of hazardous waste puts everyone in our community at risk," said U.S. Attorney Loeffler. "The defendant in this case knowingly abandoned hundreds of barrels of toluene and other dangerous and highly flammable chemicals. We are fortunate that this dangerous situation was reported, and that the EPA responded to insure that the waste was removed and nobody was hurt. The U.S. Attorney’s Office for the District of Alaska is committed to actively prosecuting environmental crimes for the protection of all Alaskans."
"By first neglecting and then abandoning hazardous chemicals at his place of business, Vizzera's actions put both people and the environment at risk," said Tyler Amon, Special Agent in Charge of EPA's criminal enforcement program in the Northwest. "Adding insult to injury, he then saddled an innocent property owner and taxpayers with a total cleanup cost approaching half a million dollars. Our message in this matter is clear: if you fail to manage hazardous waste safely and responsibly, you will be investigated and prosecuted."
The maximum penalties for knowingly disposing of hazardous waste include five years of incarceration and a fine of $50,000 per day of violation. U.S. District Court Judge Ralph R. Beistline set Vizzerra’s sentencing for Nov. 14, 2012.
The investigation was conducted by the EPA’s Criminal Investigation Division. The case was prosecuted by the Environmental Crimes Section of the Justice Department, the U.S. Attorney’s Office for the District of Alaska, and the Regional Criminal Enforcement Counsel for the Environmental Protection Agency’s Region 10 in Seattle.
NEW ZEALAND FISHING COMPANY FOUND GUILTY OF ENVIRONMENTAL AND OTHER CRIMES
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, August 15, 2012
New Zealand Fishing Company Found Guilty in Washington, D.C., of Environmental Crimes and Obstruction of Justice
Chief Engineer Also Found Guilty of Charges
WASHINGTON –A federal jury in Washington, D.C., today returned guilty verdicts against Sanford Ltd., a New Zealand fishing company, on six counts of conspiracy, obstruction of justice, and violating the Act to Prevent Pollution from Ships (APPS). The jury also found a company employee guilty of two other charges.
The verdicts, following a two-week trial in the U.S. District Court for the District of Columbia, were announced by Assistant Attorney General Ignacia S. Moreno of the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney for the District of Columbia Ronald C. Machen Jr.
Judge Beryl A. Howell scheduled sentencing for Nov. 16, 2012. Sanford faces a maximum fine of up to $500,000 on each count, for a total potential penalty of $3.0 million. Sanford’s primary chief engineer, James Pogue, 52, faces up to up to 20 years for obstruction of justice and six years for knowingly failing to maintain an accurate oil record book.
Acc
ording to the government’s evidence, in July 2011, the U.S. Coast Guard conducted a Port State Control examination on the Fishing Vessel (F/V) San Nikunau, when the vessel entered port in Pago Pago, American Samoa. The examination revealed that the vessel had been making false entries and omissions in its oil record book that vessels are required to maintain accurately in order to account for their handling of oil waste generated by the vessel.
According to evidence presented at trial, Sanford operates the San Nikunau a vessel that routinely delivers tuna to a cannery in Pago Pago. Over the past five years, Sanford was paid over $24 million for tuna deliveries. Sanford was convicted of numerous charges, including conspiracy and causing the vessel to enter to the port of Pago Pago with a falsified oil record book that failed to accurately account for how the vessel was managing its bilge waste and for obstruction of justice for falsely stating in the oil record book that required pollution prevention equipment had been used when it had not. Sanford was also convicted of discharging machinery space bilge waste into the port of Pago Pago without using required pollution prevention equipment including the oil water separator.
Pogue, of Idaho, served as the chief engineer on the vessel between 2001 and 2010. Pogue was convicted of failing to maintain an oil record book for the vessel that accurately accounted for how the vessel was managing its bilge waste. In addition, Pogue was convicted of obstruction of justice for falsely stating in the oil record book that required pollution prevention equipment had been used when it had not.
Prior to the trial, Rolando Ong Vano, 51, of the Philippines, another chief engineer who worked on the vessel, pleaded guilty to charges in the case. He is to be sentenced Sept. 7, 2012.
"These verdicts hold a company and one of its chief engineers accountable for polluting the waters off American Samoa with oily waste, and then trying to cover up their acts," said U.S. Attorney Machen. "The prosecution demonstrates our commitment to enforcing environmental laws and protecting our precious natural resources."
This case was investigated by the U.S. Coast Guard and the Coast Guard Investigative Service. The case was prosecuted by Trial Attorney Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice and Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney's Office for the District of Columbia.
Wednesday, August 15, 2012
New Zealand Fishing Company Found Guilty in Washington, D.C., of Environmental Crimes and Obstruction of Justice
Chief Engineer Also Found Guilty of Charges
WASHINGTON –A federal jury in Washington, D.C., today returned guilty verdicts against Sanford Ltd., a New Zealand fishing company, on six counts of conspiracy, obstruction of justice, and violating the Act to Prevent Pollution from Ships (APPS). The jury also found a company employee guilty of two other charges.
The verdicts, following a two-week trial in the U.S. District Court for the District of Columbia, were announced by Assistant Attorney General Ignacia S. Moreno of the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney for the District of Columbia Ronald C. Machen Jr.
Judge Beryl A. Howell scheduled sentencing for Nov. 16, 2012. Sanford faces a maximum fine of up to $500,000 on each count, for a total potential penalty of $3.0 million. Sanford’s primary chief engineer, James Pogue, 52, faces up to up to 20 years for obstruction of justice and six years for knowingly failing to maintain an accurate oil record book.
Acc
ording to the government’s evidence, in July 2011, the U.S. Coast Guard conducted a Port State Control examination on the Fishing Vessel (F/V) San Nikunau, when the vessel entered port in Pago Pago, American Samoa. The examination revealed that the vessel had been making false entries and omissions in its oil record book that vessels are required to maintain accurately in order to account for their handling of oil waste generated by the vessel.
According to evidence presented at trial, Sanford operates the San Nikunau a vessel that routinely delivers tuna to a cannery in Pago Pago. Over the past five years, Sanford was paid over $24 million for tuna deliveries. Sanford was convicted of numerous charges, including conspiracy and causing the vessel to enter to the port of Pago Pago with a falsified oil record book that failed to accurately account for how the vessel was managing its bilge waste and for obstruction of justice for falsely stating in the oil record book that required pollution prevention equipment had been used when it had not. Sanford was also convicted of discharging machinery space bilge waste into the port of Pago Pago without using required pollution prevention equipment including the oil water separator.
Pogue, of Idaho, served as the chief engineer on the vessel between 2001 and 2010. Pogue was convicted of failing to maintain an oil record book for the vessel that accurately accounted for how the vessel was managing its bilge waste. In addition, Pogue was convicted of obstruction of justice for falsely stating in the oil record book that required pollution prevention equipment had been used when it had not.
Prior to the trial, Rolando Ong Vano, 51, of the Philippines, another chief engineer who worked on the vessel, pleaded guilty to charges in the case. He is to be sentenced Sept. 7, 2012.
"These verdicts hold a company and one of its chief engineers accountable for polluting the waters off American Samoa with oily waste, and then trying to cover up their acts," said U.S. Attorney Machen. "The prosecution demonstrates our commitment to enforcing environmental laws and protecting our precious natural resources."
This case was investigated by the U.S. Coast Guard and the Coast Guard Investigative Service. The case was prosecuted by Trial Attorney Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice and Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney's Office for the District of Columbia.
OFF-WORLD MILITARY SUPPORT
110927-N-PO203-165 KODIAK, Alaska (Sept. 27, 2011) The Office of Naval Research-sponsored tactical satellite IV (TacSat-4) lifts-off from the Alaskan Aerospace Corporation's Kodiak Launch Complex aboard a Minotaur IV+ launch vehicle. Built by the Naval Research Laboratory and Johns Hopkins University Applied Physics Laboratory, TacSat-4 will allow troops using existing radios to communicate on-the-move and from obscure regions. (U.S. Navy photo by John F. Williams/Released)
Supporting warfighters from space
Posted 8/17/2012
by Capt. Chris Sukach
Air Force Space Command Public Affairs
8/17/2012 - HUNTSVILLE, Ala. -- Air Force Space Command Vice Commander Lt. Gen. John Hyten spoke at the 15th Annual Space and Missile Defense Conference here Aug. 14 and discussed how the American way of war has fundamentally changed thanks to space.
He used historical examples to illustrate his point and contrasted those with support provided in more recent conflicts like operations Iraqi Freedom and Enduring Freedom.
Hyten highlighted the importance of knowledge and communication in warfare, emphasizing how critical it is for warfighters of today to know the lay of the land.
"It's really simple," the general said addressing the audience of space professionals. "My job, and the job of most people in this room, is to ensure no American warfighter, no American Soldier, Sailor, Airman or Marine ever has to worry again about what's over that hill or what's around the next corner. No American in combat should ever again lack the ability to communicate."
The situational awareness space assets provide has grown vastly since 1991 and Operation Desert Storm, which is largely regarded as America's first space war, the general said. He explained GPS was not integrated into systems like it is today and that troops supplemented the few military grade receivers they had with commercial ones duct taped to their vehicles.
Today you'd be hard pressed to find a tactical unit that doesn't use real-time global positioning, navigation and timing capabilities, but the contributions of GPS go beyond just military application, he continued.
"It touches almost everything we do--pay-at-the-pump gas--you probably use GPS a dozen times a day and don't even know it," Hyten said of the integration of GPS into daily civilian life.
He also shared while the Defense Satellite Communications System satellites provided the backbone of the command, control and computer network during Desert Storm, the data provided by the system was small by today's standards.
"One WGS [Wideband Global SATCOM] satellite has more bandwidth than the entire SATCOM constellation in the first Gulf War," said the general, contrasting the technologies.
Because satellites orbit the world, the capabilities space assets provide play an integral part in meeting the needs of today's warfighters wherever they may be, he explained.
"Our joint warfighers depend on space--they depend on the asymmetrical advantage it creates--and there is no going back," Hyten said.
VA SAYS PATIENT CARE ENHANCED THROUGH EXPANDING PRESCRIPTION SERVICES
FROM: DEPARTMENT OF VETERANS AFFAIRS
August 17, 2012
WASHINGTON – Nearly 250,000 patients served by the Indian Health Service (IHS) have utilized a prescription service available through an interagency agreement between IHS and the U.S. Department of Veterans Affairs.
"Federal partners such as IHS are invaluable in VA’s commitment to collaborating and expanding award-winning services that enhance patient care," said Secretary of Veterans Affairs Eric K. Shinseki. "This agreement reflects VA’s pledge to be an effective steward of Federal resources and ensure that countless Veterans and patients of IHS receive the best health care possible."
The agreement allows IHS pharmacies to use the VA Consolidated Mail Outpatient Pharmacy (CMOP) to process and mail prescription refills for IHS patients. By accessing the service, IHS patients can now have their prescriptions mailed to them, in many cases eliminating the need to pick them up at an IHS pharmacy.
"The use of VA’s CMOP saves IHS patients travel time and wait time at the pharmacy, and allows IHS pharmacists to focus more attention on patient care," said Kenneth Siehr, Director of the VA CMOP program.
The service provides an alternative method for patients to obtain medication refills when transportation or work schedules make visiting a pharmacy difficult. Due to the agreement, pharmacists have been able to spend more time in clinics interacting with patients and answering questions.
"As a result of our partnership with VA and our use of CMOP, we’ve seen advances in our patient care and satisfaction," said Randy Grinnell, Deputy Director for IHS.
VA has successfully utilized CMOP since 1994 and currently processes over 111 million prescriptions annually. In 2011, the program earned distinction as a Customer Service Champion from JD Power and Associates.
Eleven IHS sites currently use VA CMOP: Haskell, Kan.; Phoenix; Rapid City, S.D.; Yakima, Wash.; and Claremore, Clinton, El Reno, Lawton, Pawhuska, Pawnee and Watonga in Oklahoma.
VA operates the largest integrated health care system in the country. With a health care budget of more than $50 billion, VA expects to provide care to 6.1 million patients supporting 920,000 hospitalizations and nearly 80 million outpatient visits this year. VA’s health care network includes 152 major medical centers and more than 800 community-based outpatient clinics.
August 17, 2012
WASHINGTON – Nearly 250,000 patients served by the Indian Health Service (IHS) have utilized a prescription service available through an interagency agreement between IHS and the U.S. Department of Veterans Affairs.
"Federal partners such as IHS are invaluable in VA’s commitment to collaborating and expanding award-winning services that enhance patient care," said Secretary of Veterans Affairs Eric K. Shinseki. "This agreement reflects VA’s pledge to be an effective steward of Federal resources and ensure that countless Veterans and patients of IHS receive the best health care possible."
The agreement allows IHS pharmacies to use the VA Consolidated Mail Outpatient Pharmacy (CMOP) to process and mail prescription refills for IHS patients. By accessing the service, IHS patients can now have their prescriptions mailed to them, in many cases eliminating the need to pick them up at an IHS pharmacy.
"The use of VA’s CMOP saves IHS patients travel time and wait time at the pharmacy, and allows IHS pharmacists to focus more attention on patient care," said Kenneth Siehr, Director of the VA CMOP program.
The service provides an alternative method for patients to obtain medication refills when transportation or work schedules make visiting a pharmacy difficult. Due to the agreement, pharmacists have been able to spend more time in clinics interacting with patients and answering questions.
"As a result of our partnership with VA and our use of CMOP, we’ve seen advances in our patient care and satisfaction," said Randy Grinnell, Deputy Director for IHS.
VA has successfully utilized CMOP since 1994 and currently processes over 111 million prescriptions annually. In 2011, the program earned distinction as a Customer Service Champion from JD Power and Associates.
Eleven IHS sites currently use VA CMOP: Haskell, Kan.; Phoenix; Rapid City, S.D.; Yakima, Wash.; and Claremore, Clinton, El Reno, Lawton, Pawhuska, Pawnee and Watonga in Oklahoma.
VA operates the largest integrated health care system in the country. With a health care budget of more than $50 billion, VA expects to provide care to 6.1 million patients supporting 920,000 hospitalizations and nearly 80 million outpatient visits this year. VA’s health care network includes 152 major medical centers and more than 800 community-based outpatient clinics.
SEC CHARGES OWNER OF WEBSITE ZEEKREWARDS.COM WITH RUNNING A $600 MILLION PONZI SCHEME

Washington, D.C., Aug. 17, 2012 – The Securities and Exchange Commission today announced fraud charges and an emergency asset freeze to halt a $600 million Ponzi scheme on the verge of collapse. The emergency action assures that victims can recoup more of their money and potentially avoid devastating losses.
The SEC alleges that online marketer Paul Burks of Lexington, N.C. and his company Rex Venture Group have raised money from more than one million Internet customers nationwide and overseas through the website ZeekRewards.com, which they began in January 2011.
According to the SEC’s complaint filed in federal court in Charlotte, N.C., customers were offered several ways to earn money through the ZeekRewards program, two of which involved purchasing securities in the form of investment contracts. These securities offerings were not registered with the SEC as required under the federal securities laws.
The SEC alleges that investors were collectively promised up to 50 percent of the company’s daily net profits through a profit sharing system in which they accumulate rewards points that they can use for cash payouts. However, the website fraudulently conveyed the false impression that the company was extremely profitable when, in fact, the payouts to investors bore no relation to the company’s net profits. Most of ZeekRewards’ total revenues and the "net profits" paid to investors have been comprised of funds received from new investors in classic Ponzi scheme fashion.
"The obligations to investors drastically exceed the company’s cash on hand, which is why we need to step in quickly, salvage whatever funds remain and ensure an orderly and fair payout to investors," said Stephen Cohen, an Associate Director in the SEC’s Division of Enforcement. "ZeekRewards misused the power of the Internet and lured investors by making them believe they were getting an opportunity to cash in on the next big thing. In reality, their cash was just going to the earlier investor."
The SEC’s complaint alleges that the scheme is teetering on collapse with investor funds at risk of dissipation without its emergency enforcement action. Last month, ZeekRewards brought in approximately $162 million while total investor cash payouts were approximately $160 million. If customers continue to increasingly elect to receive cash payouts rather than reinvesting their money to reach higher levels of rewards points, ZeekRewards’ cash outflows would eventually exceed its total revenue.
Burks has agreed to settle the SEC’s charges against him without admitting or denying the allegations, and agreed to cooperate with a court-appointed receiver.
According to the SEC’s complaint, ZeekRewards has paid out nearly $375 million to investors to date and holds approximately $225 million in investor funds in 15 foreign and domestic financial institutions. Those funds will be frozen under the emergency asset freeze granted by the court at the SEC’s request. Meanwhile, Burks has personally siphoned several million dollars of investors’ funds while operating Rex Venture and ZeekRewards, and he distributed at least $1 million to family members. Burks has agreed to relinquish his interest in the company and its assets plus pay a $4 million penalty. Additionally, the court has appointed a receiver to collect, marshal, manage and distribute remaining assets for return to harmed investors.
The SEC’s investigation was conducted by Brian M. Privor and Alfred C. Tierney in the SEC’s Enforcement Division in Washington D.C. The SEC acknowledges the assistance of the Quebec Autorite des Marches Financiers and the Ontario Securities Commission.
U.S. STATE DEPARTMENT PRESS RELEASES: WEST BANK ATTACK, SUDAN'S RELEASE OF PROTESTORS, INTERNATIONAL NARCOTICS AGREEMENT
FROM: U.S. STATE DEPARTMENT
Firebomb Attack in West Bank
Press Statement
Victoria Nuland
Department Spokesperson, Office of the Spokesperson
Washington, DC
August 17, 2012
The United States condemns in the strongest possible terms yesterday’s attack on a Palestinian taxi in the West Bank. We extend our deepest sympathies to the victims, among them children, and we hope for their speedy recovery. We note that the Government of Israel has also condemned this heinous attack and pledged to bring the perpetrators to justice. We look to Israeli law enforcement officials to do so expeditiously. We urge all parties to avoid any actions that could lead to an escalation of violence.
Government of Sudan's Release of Detained ProtestersPress Statement
Victoria Nuland
Department Spokesperson, Office of the Spokesperson
Washington, DC
August 17, 2012
On August 15, the Government of Sudan’s National Intelligence and Security Service announced that it will release from custody all persons detained by it during political protests in June and July. The United States welcomes this announcement, and calls upon the Government of Sudan to respect its citizens’ rights, including freedom of expression and peaceful assembly. We hope that this can be the first step in a necessary process of dialogue and reconciliation between the Government of Sudan and advocates for peaceful, democratic reform.
In particular, we welcome the release of U.S. legal permanent resident Rudwan Dawod, whose case attracted significant attention across America. Earlier this week, we expressed our concern about Mr. Dawod’s case when he was detained after being released by a judge who had found him "not guilty" of the most serious charges leveled against him. We appreciate that the Government of Sudan complied with the decision by its court to release him.
The Bureau of International Narcotics and Law Enforcement Signs Cooperative Agreements with Several U.S. State Corrections Departments
Media Note
Office of the Spokesperson
Washington, DC
August 16, 2012
The Bureau of International Narcotics and Law Enforcement (INL) is entering into cooperative agreements with the Maryland Department of Public Safety and Correctional Services, California Department of Corrections and Rehabilitation, Nebraska Department of Correctional Services, New Mexico Corrections Department, Rhode Island Department of Corrections, and Wisconsin Department of Corrections. Under these cooperative agreements, the agencies will work in close collaboration with the INL team of corrections subject matter experts and country program officers to develop and deliver training and technical assistance high-quality, effective training, and technical assistance to foreign partners in the United States and overseas in corrections systems and operations. The cooperative agreements will work towards establishing relationships with partner nations that will facilitate future interactions with the same or new partner nations and capture information that can be used to evaluate and improve training and technical assistance programs.
These cooperative agreements will establish the mechanisms by which INL will be able to solicit and award cooperative agreements for specific projects under these partnerships.
Firebomb Attack in West Bank
Press Statement
Victoria Nuland
Department Spokesperson, Office of the Spokesperson
Washington, DC
August 17, 2012
The United States condemns in the strongest possible terms yesterday’s attack on a Palestinian taxi in the West Bank. We extend our deepest sympathies to the victims, among them children, and we hope for their speedy recovery. We note that the Government of Israel has also condemned this heinous attack and pledged to bring the perpetrators to justice. We look to Israeli law enforcement officials to do so expeditiously. We urge all parties to avoid any actions that could lead to an escalation of violence.
Government of Sudan's Release of Detained ProtestersPress Statement
Victoria Nuland
Department Spokesperson, Office of the Spokesperson
Washington, DC
August 17, 2012
On August 15, the Government of Sudan’s National Intelligence and Security Service announced that it will release from custody all persons detained by it during political protests in June and July. The United States welcomes this announcement, and calls upon the Government of Sudan to respect its citizens’ rights, including freedom of expression and peaceful assembly. We hope that this can be the first step in a necessary process of dialogue and reconciliation between the Government of Sudan and advocates for peaceful, democratic reform.
In particular, we welcome the release of U.S. legal permanent resident Rudwan Dawod, whose case attracted significant attention across America. Earlier this week, we expressed our concern about Mr. Dawod’s case when he was detained after being released by a judge who had found him "not guilty" of the most serious charges leveled against him. We appreciate that the Government of Sudan complied with the decision by its court to release him.
The Bureau of International Narcotics and Law Enforcement Signs Cooperative Agreements with Several U.S. State Corrections Departments
Media Note
Office of the Spokesperson
Washington, DC
August 16, 2012
The Bureau of International Narcotics and Law Enforcement (INL) is entering into cooperative agreements with the Maryland Department of Public Safety and Correctional Services, California Department of Corrections and Rehabilitation, Nebraska Department of Correctional Services, New Mexico Corrections Department, Rhode Island Department of Corrections, and Wisconsin Department of Corrections. Under these cooperative agreements, the agencies will work in close collaboration with the INL team of corrections subject matter experts and country program officers to develop and deliver training and technical assistance high-quality, effective training, and technical assistance to foreign partners in the United States and overseas in corrections systems and operations. The cooperative agreements will work towards establishing relationships with partner nations that will facilitate future interactions with the same or new partner nations and capture information that can be used to evaluate and improve training and technical assistance programs.
These cooperative agreements will establish the mechanisms by which INL will be able to solicit and award cooperative agreements for specific projects under these partnerships.
Friday, August 17, 2012
ISAF NEWS FROM AFGHANISTAN AUGUST 17, 2012
FROM: U.S. DEPARTMENT OF DEFENSE
120813-N-JY402-005 FORT JACKSON, S.C. (Aug.13,2012) Active Duty and Reserve Sailors conduct combat gear assembly of the new improved outer tactical vest on Day 2 at the Navy Individual Augmentee Combat Training (NIACT) school in Fort Jackson, SC. Upon completion of the school, the Sailors will staff the Role III Trauma Hospital in Kandahar, Afghanistan. (U.S. Navy photo by Lt. Cmdr. Randal Jones/Released)
Combined Forces Arrests Taliban Leader, Seizes Weapons, Drugs
From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, Aug. 17, 2012 - An Afghan and coalition security force arrested a Taliban leader in the Alisheng district of Laghman province today, military officials reported.
The Taliban leader supplied heavy weapons and explosives to insurgents in the area and directed insurgent attacks against Afghan and coalition forces. In the weeks leading up to his arrest, officials said, the Taliban leader was involved in planning attacks against local Afghan citizens.
The security force also detained two suspected insurgents and seized several weapons and approximately 6 pounds of opium.
In other news today:
-- In the Chahar Bolak district of Balkh province, a combined force arrested several suspected insurgents during an operation to detain a Taliban leader. The leader finances and provides weapons to Taliban fighters in Chimtal district.
-- In the Nahr-e Saraj district of Helmand province, a combined force detained a suspected insurgent during an operation to arrest a Taliban leader. The leader plans and directs improvised explosive device attacks and provides suicide vests for use in attacks on Afghan and coalition forces.
AUTO PRICE FIXER PLEADS GUILTY
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, August 16, 2012
Yazaki Executive Agrees to Plead Guilty to Price Fixing on Automobile Parts Installed in U.S. Cars
Executive Agrees to Serve 14 Months in a U.S. Prison
WASHINGTON – An executive of Tokyo-based Yazaki Corporation has agreed to plead guilty for his role in a conspiracy to fix prices of instrument panel clusters, also known as meters, installed in cars sold in the United States and elsewhere, the Department of Justice announced today. He is the 11th executive to be charged in the government’s ongoing investigation into price fixing and bid rigging in the auto parts industry.
In a one-count felony charge filed today in the U.S. District Court for the Eastern District of Michigan in Detroit, Toshio Sudo, a Japanese national, was charged with engaging in a conspiracy to rig bids for, and to fix, stabilize and maintain the prices of instrument panel clusters sold to customers in the United States and elsewhere. According to the charge, Sudo’s involvement in the conspiracy lasted from at least as early as January 2003 until at least February 2009. The department said that Sudo and his co-conspirators carried out the conspiracy by agreeing, during meetings and conversations, to allocate the supply of instrument panel clusters and sold the parts at noncompetitive prices to automakers in the United States and elsewhere.
According to the plea agreement, which is subject to court approval, Sudo has agreed to serve 14 months in a U.S. prison, to pay a $20,000 criminal fine and to cooperate with the department’s investigation.
Yazaki manufactures and sells a variety of automotive parts, including instrument panel clusters. Instrument panel clusters are the mounted array of instruments and gauges housed in front of the driver of an automobile. According to the charge, Sudo and his co-conspirators carried out the conspiracy by, among other things, agreeing during meetings and discussions to coordinate bids submitted to, and price adjustments requested by, automobile manufacturers.
"From using code names with one another, to meeting in remote or private locations, the conspirators employed a variety of measures to keep their illegal conduct secret," said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program. "The division and its law enforcement partners will continue to do everything in our power to detect these cartels and bring them to justice."
"The conspiracies to fix prices and rig bids in the automotive industry represent a serious crime against the United States. Car makers and car buyers pay the price for these illegal activities," said Robert D. Foley III, Special Agent in Charge of the FBI’s Detroit Field Office. "The FBI is committed to vigorously pursuing and stopping those who commit these crimes.
Including Sudo, seven companies and 11 executives have been charged in the department’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Furukawa Electric Co. Ltd, DENSO Corp., Yazaki Corp., G.S. Electech Inc., Fujikura Ltd. and Autoliv Inc. pleaded guilty and were sentenced to pay a total of more than $785 million in criminal fines. TRW Deutschland Holding GmbH has agreed to plead guilty. Additionally, seven of the individuals – Junichi Funo, Hirotsugu Nagata, Tetsuya Ukai, Tsuneaki Hanamura, Ryoki Kawai, Shigeru Ogawa and Hisamitsu Takada – have been sentenced to pay criminal fines and to serve jail sentences ranging from a year and a day to two years each. Makoto Hattori and Norihiro Imai have pleaded guilty and await sentencing. Kazuhiko Kashimoto is scheduled to plead guilty on Sept. 26, 2012.
Sudo is charged with price fixing in violation of the Sherman Act, which carries a maximum sentence for individuals of 10 years and a fine of $1 million. The maximum fine for an individual may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Thursday, August 16, 2012
Yazaki Executive Agrees to Plead Guilty to Price Fixing on Automobile Parts Installed in U.S. Cars
Executive Agrees to Serve 14 Months in a U.S. Prison
WASHINGTON – An executive of Tokyo-based Yazaki Corporation has agreed to plead guilty for his role in a conspiracy to fix prices of instrument panel clusters, also known as meters, installed in cars sold in the United States and elsewhere, the Department of Justice announced today. He is the 11th executive to be charged in the government’s ongoing investigation into price fixing and bid rigging in the auto parts industry.
In a one-count felony charge filed today in the U.S. District Court for the Eastern District of Michigan in Detroit, Toshio Sudo, a Japanese national, was charged with engaging in a conspiracy to rig bids for, and to fix, stabilize and maintain the prices of instrument panel clusters sold to customers in the United States and elsewhere. According to the charge, Sudo’s involvement in the conspiracy lasted from at least as early as January 2003 until at least February 2009. The department said that Sudo and his co-conspirators carried out the conspiracy by agreeing, during meetings and conversations, to allocate the supply of instrument panel clusters and sold the parts at noncompetitive prices to automakers in the United States and elsewhere.
According to the plea agreement, which is subject to court approval, Sudo has agreed to serve 14 months in a U.S. prison, to pay a $20,000 criminal fine and to cooperate with the department’s investigation.
Yazaki manufactures and sells a variety of automotive parts, including instrument panel clusters. Instrument panel clusters are the mounted array of instruments and gauges housed in front of the driver of an automobile. According to the charge, Sudo and his co-conspirators carried out the conspiracy by, among other things, agreeing during meetings and discussions to coordinate bids submitted to, and price adjustments requested by, automobile manufacturers.
"From using code names with one another, to meeting in remote or private locations, the conspirators employed a variety of measures to keep their illegal conduct secret," said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program. "The division and its law enforcement partners will continue to do everything in our power to detect these cartels and bring them to justice."
"The conspiracies to fix prices and rig bids in the automotive industry represent a serious crime against the United States. Car makers and car buyers pay the price for these illegal activities," said Robert D. Foley III, Special Agent in Charge of the FBI’s Detroit Field Office. "The FBI is committed to vigorously pursuing and stopping those who commit these crimes.
Including Sudo, seven companies and 11 executives have been charged in the department’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Furukawa Electric Co. Ltd, DENSO Corp., Yazaki Corp., G.S. Electech Inc., Fujikura Ltd. and Autoliv Inc. pleaded guilty and were sentenced to pay a total of more than $785 million in criminal fines. TRW Deutschland Holding GmbH has agreed to plead guilty. Additionally, seven of the individuals – Junichi Funo, Hirotsugu Nagata, Tetsuya Ukai, Tsuneaki Hanamura, Ryoki Kawai, Shigeru Ogawa and Hisamitsu Takada – have been sentenced to pay criminal fines and to serve jail sentences ranging from a year and a day to two years each. Makoto Hattori and Norihiro Imai have pleaded guilty and await sentencing. Kazuhiko Kashimoto is scheduled to plead guilty on Sept. 26, 2012.
Sudo is charged with price fixing in violation of the Sherman Act, which carries a maximum sentence for individuals of 10 years and a fine of $1 million. The maximum fine for an individual may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
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