ANDERS FOGH RASMUSSEN HAS NATO TERM AS SECRETARY GENERAL EXTENDED





FROM: U.S. DEPARTMENT OF DEFENSE

 

NATO Extends Rasmussen's Term as Secretary General

By Cheryl Pellerin

WASHINGTON, Oct. 3, 2012 - The North Atlantic Council has extended Anders Fogh Rasmussen's four-year term as NATO secretary general for another year, until July 31, 2014, the council announced today.

"Allies will support Secretary General Anders Fogh Rasmussen in his dedicated work to carry forward NATO's tasks, missions and objectives, based on consensual allied decisions," a written statement from the council read.

In a short briefing from NATO headquarters in Brussels this morning, Rasmussen said he is honored by the trust and support of allied governments.

"My first years in office presented many challenges," Rasmussen said. "We developed and agreed to a new strategic concept for the alliance. We took crucial decisions to develop a NATO missile defense system to protect our people and territory against a grave and growing threat."

NATO also has reached out to Russia and the alliance's partners around the world, and successfully enforced the historic resolution of the U.N. Security Council to protect civilians in Libya, he said.

"But we still face other pressing tasks: completing the process of transition in Afghanistan within the timeline we have set, strengthening our unique network of partners and keeping our Alliance fit for the future," the secretary general added.

"I have dedicated myself to these issues since I took office," Rasmussen said. "I am privileged to have had the chance to lead this Alliance through these testing times."

American Forces Press Service

TWO DOCTORS GET 10 YEARS IN PRISON FOR ROLES IN $205 MILLION MEDICARE FRAUD

FROM: U.S. JUSTICE DEPARTMENT
Monday, October 1, 2012

Two Miami-Area Doctors Sentenced to 10 Years in Prison for Participating in $205 Million Medicare Fraud Scheme

WASHINGTON – Miami-area residents Dr. Mark Willner and Dr. Alberto Ayala, former medical directors at the mental health care company American Therapeutic Corporation (ATC), were each sentenced today to 10 years in prison for participating in a $205 million Medicare fraud scheme, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Special Agent-in-Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent-in-Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami office.

Willner, 56, and Ayala, 68, were sentenced by U.S. District Judge Patricia A. Seitz in the Southern District of Florida. Judge Seitz ordered Willner to pay more than $57 million in restitution and Ayala to pay more than $87 million in restitution, both jointly and severally with their co-defendants. Willner and Ayala were also both sentenced to three years of supervised release following their prison terms.

On June 1, 2012, after a seven week trial, a federal jury in the Southern District of Florida found Willner and Ayala each guilty of one count of conspiracy to commit health care fraud.

Evidence at trial demonstrated that the defendants and their co-conspirators caused the submission of false and fraudulent claims to Medicare through ATC, a Florida corporation headquartered in Miami that operated purported partial hospitalization programs (PHPs) in seven different locations throughout South Florida and Orlando. A PHP is a form of intensive treatment for severe mental illness. The defendants and their co-conspirators also used a related company, American Sleep Institute (ASI), to submit fraudulent Medicare claims.

Evidence at trial revealed that ATC secured patients by paying kickbacks to assisted living facility owners and halfway house owners who would then steer patients to ATC. These patients attended ATC, where they were ineligible for the treatment ATC billed to Medicare and where they did not receive the treatment that was billed to Medicare. After Medicare paid the claims, some of the co-conspirators then laundered the Medicare money in order to create cash to pay the patient kickbacks.

The defendants were charged in an indictment returned on Feb. 8, 2011. ATC, the management company associated with ATC, and 20 individuals, including the ATC owners, have all previously pleaded guilty or have been convicted at trial.

Evidence at trial revealed that doctors at ATC, including Willner and Ayala, signed patient files without reading them or seeing the patients. Evidence further revealed that ATC then billed Medicare for more than $100 million in PHP treatment for these patients under the names of Willner and Ayala. Included in these false and fraudulent submissions to Medicare were claims for patients in neuro-vegetative states, along with patients who were in the late stages of diseases causing permanent cognitive memory loss, and patients who had substance abuse issues and were living in halfway houses. These patients were ineligible for PHP treatment, and because they were forced by their assisted living facility owners and halfway house owners to attend ATC, they were not receiving treatment for the diseases they actually had.

Willner and Ayala have been in federal custody since their convictions.

ATC executives Lawrence Duran, Marianella Valera, Judith Negron and Margarita Acevedo were sentenced to 50 years, 35 years, 35 years and 91 months in prison, respectively, for their roles in the fraud scheme. The 50- and 35-year sentences represent the longest sentences for health care fraud ordered to date. Acevedo, who pleaded guilty early on and has been cooperating with the government since November 2010, testified at the doctors’ trial.

ATC and Medlink pleaded guilty in May 2011 to conspiracy to commit health care fraud. ATC also pleaded guilty to conspiracy to defraud the United States and to pay and receive illegal health care kickbacks. On Sept. 16, 2011, the two corporations were sentenced to five years of probation per count and ordered to pay restitution of $87 million. Both corporations have been defunct since their owners were arrested in October 2010.

The case was prosecuted by Trial Attorneys Jennifer L. Saulino, Robert A. Zink and James V. Hayes of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

OPERATION DEEP FREEZE: GOING WAY DOWN-UNDER TO MCMURDO STATION, ANTARTICA

An LC-130 Hercules waits on the ice at McMurdo Station, Antarctica Nov. 21, 2011, after returning from a scheduled Operation Deep Freeze re-supply mission to Amundsen-Scott South Pole Station. Operation Deep Freeze provides airlift support to the National Science Foundation, which manages the United States Antarctic Program. (U.S. Air Force photo)

FROM: U.S.DEPARTMENT OF DEFENSE


10/2/2012 - JOINT BASE PEARL HARBOR-HICKAM, Hawaii (AFNS) -- The U.S. military recently kicked off the 2012-2013 season of Operation Deep Freeze, the Department of Defense's support of the U.S. Antarctic Program and the National Science Foundation.

The operation began with C-17 Globemaster III operations Sept. 29 and will continue with LC-130 Hercules operations beginning Oct. 18.

Operation Deep Freeze involves U.S. Air Force, Navy, Army and Coast Guard forces providing operational and logistical support of the NSF's scientific research activities in Antarctica.

This support is provided by the Joint Task Force-Support Forces Antarctica, led by Pacific Air Forces at Joint Base Pearl Harbor-Hickam, Hawaii. JTF-SFA coordinates strategic inter-theater airlift, tactical deep field support, aeromedical evacuation support, search and rescue response, sealift, seaport access, bulk fuel supply, port cargo handling and transportation requirements.

Christchurch International Airport, New Zealand, is the staging point for deployments to McMurdo Station, Antarctica, a key research and operations facility for the USAP.

Operation Deep Freeze is unlike any other U.S. military operation, according to officials. It is one of the military's most difficult peacetime missions due to the harsh Antarctic environment. The U.S. military is uniquely equipped and trained to operate in such an austere environment and has therefore provided support to the USAP since 1955.

Active duty, National Guard and Reserve personnel from the U.S. Air Force, Navy, Army and Coast Guard work together as part of the joint task force. This team continues the tradition of U.S. military support to the USAP and demonstrates the United States' commitment to a stable Pacific region, officials said.

Airlift for Operation Deep Freeze involves active duty and Reserve C-17 support from Joint Base Lewis-McChord, Wash.; LC-130 support from the New York Air National Guard; sealift support from the U.S. Coast Guard and Military Sealift Command; engineering and aviation services from U.S. Navy Space and Naval Warfare Systems Command; and cargo handling from the U.S. Navy.

(Courtesy of Joint Task Force Support Forces Antarctica.)

　

PENTAGON SAYS U.S. READY TO HELP AFRICAN PARTNERS

Pentagon Press Secretary George Little.

FROM: U.S. DEPARTMENT OF DEFENSE

Military Stands Ready to Help African Partners, Little Says
By Nick Simeone
American Forces Press Service

WASHINGTON, Oct. 2, 2012 - The Defense Department continues to assess the security needs of its African partners, some of which face a growing terrorist presence, but is not planning for unilateral military intervention, Pentagon Press Secretary George Little said today.

In a conference call with reporters yesterday, Johnnie Carson, assistant secretary of state for African Affairs, raised the possibly of the need for outside military help to push Islamic militias believed to have links to al-Qaida out of a vast area of Mali.
At a Pentagon news conference today, Little told reporters the military is paying close attention to the situation, but has no plans to intervene unilaterally in Mali or in the region.

"The United States military works very closely with a number of countries in the region to address counterterrorism," Little said. With regard to specific requests for U.S. assistance, Little said "I'm not prepared to make any announcements today, but we continue to assess their needs and, where possible and appropriate, will work closely with our partners in the region."

The French government last week joined the governments of Mali and other West African nations in calling for the creation of an African-led international force to help secure Mali's ungoverned territory. Mali's government also has asked for military intervention from the 16-nation Economic Community of West African States, or ECOWAS, which has intervened in other African conflicts.

Little said the United States would consider requests for help from the group, but the U.S. focus remains on helping the region meet its security challenges on its own. "We're paying very close attention to the situation in the region and stand ready should our partners in the region and regional actors such as ECOWAS request our assistance," he said.

JUSTICE DEPARTMENT ANNOUNCES $58 MILLION IN GRANTS TO IMPROVE REENTRY OUTCOMES

FROM: U.S. DEPARTMENT OF JUSTICE
Monday, October 1, 2012
Grants Support Improved Probation, Parole and Reentry Programs

Attorney General Eric Holder today announced $58 million in Second Chance Act grant funding to reduce recidivism, provide reentry services, conduct research and evaluate the impact of reentry programs. Attorney General Holder also highlighted the department’s efforts to support research and evidence-based practices and its work with state departments of correction to set recidivism reduction goals .

"Thanks to the collaborative efforts of law enforcement leaders, community-based organizations, and departments of corrections – as well as a variety of groundbreaking projects that have been funded through Second Chance Act grant awards – a number of states have shown significant reductions in the three-year recidivism rate," said Attorney General Holder.

The Second Chance Act (SCA) programs, administered through the department’s Office of Justice Programs, are designed to help communities develop and implement comprehensive strategies to address the challenges faced by incarcerated adults and youth when they return to their communities following release from confinement.

"Reentry efforts can result in less crime, lower recidivism, fewer victims and improved public safety," said Acting Assistant Attorney General for the Office of Justice Programs (OJP) Mary Lou Leary. "These are critical goals of the criminal justice field, and we are working to give communities the tools, support and guidance to achieve these goals."

Of the $58.5 million (98 awards) announced, more than $47 million (94 awards) are for family-based substance abuse treatment; treatment of returning prisoners with co-occurring substance abuse and mental health disorders; adult and juvenile reentry demonstration projects; state, local, and tribal reentry courts; adult mentoring programs; and technology career training projects for incarcerated adults and juveniles. The remaining $10.5 million support evaluation, training and technical assistance for grantees and the reentry field at large.

OJP’s Bureau of Justice Assistance (BJA) awards support jurisdictions which propose to plan or implement a "Pay for Success" model into their reentry initiative. Pay for Success represents a new way to achieve positive outcomes for the criminal justice population with external financing and at a lower risk and cost to governments. BJA is making two Pay for Success awards: an implementation award to Cuyahoga County, Ohio, and a planning award to Lowell, Mass., and is funding the Urban Institute’s efforts to develop a blueprint for municipal, state and federal governments to use to pay for evidence-based anti-crime programs. BJA is also funding three new programs this year:

· The Adult Offender Comprehensive Statewide Recidivism Reduction Demonstration Program awards $6.1 million to seven states for programs aimed at achieving reductions in baseline recidivism rates through planning, capacity-building, and implementing effective and evidence-based interventions.

· Smart Probation: Reducing Prison Populations, Saving Money and Creating Safer Communities includes nine awards totaling $3.7 million to states and local communities to develop and implement evidenced-based probation practices aimed at improving probationer outcomes and specifically reducing recidivism rates.

"Second Chance Act funding enables states, localities and tribes to identify, target and serve moderate and high risk individuals reentering communities." said BJA Director Denise E. O’Donnell. "The reentry process begins when an individual enters incarceration and ends upon successful reintegration in the community. Using these evidence –based interventions results in safer and healthier communities."

OJP’s Office of Juvenile Justice and Delinquency Prevention announced nearly $1.8 million to support four new juvenile reentry demonstration projects and more than $3.4 million to continue to fund six existing juvenile reentry programs across the country. With approximately 100,000 youth released from confinement each year, these programs aim to promote public safety by helping youth successfully transition from juvenile residential facilities to their communities.

OJP’s National Institute of Justice (NIJ) will fund evaluations of the SCA Adult Offender Reentry Demonstration projects and the SCA Juvenile Reentry Demonstration Projects. In addition, NIJ will seek to expand knowledge about reentry and recidivism through a number of research projects, including the following:

· Desistence from Crime over the Life Course ($998,221), Research Triangle Institute.

· Executive Session on Community Corrections ($993,386), President and Fellows of Harvard College.

· State-Mandated Criminal Background Employment Screening: A High Stakes Window into the Desistance Process ($706,943), State University of New York, Albany, N.Y.

· "The Impact of Video Visitation on Corrections Staff, Inmates and their Families" ($355,296), Vera Institute of Justice.

· Ph.D. Graduate Research Fellowship, "The Effect of Collateral Consequence Laws on State Rates of Returns to Prison" ($25,000), University of Maryland, College Park, Md.

Through a cooperative agreement to the Council of State Governments Justice Center OJP operates the National Reentry Resource Center (NRRC). The NRRC offers training and technical assistance for Second Chance Act grantees, provides distance learning and other reentry resources to the field, and administers the "What Works in Reentry Clearinghouse." NRRC collaborates with other federal agencies focused on reentry activities and with the Attorney General’s Federal Interagency Reentry Council and its staff working group.

U.S. JUSTICE DEPARTMENT SETTLES CLEAN AIR VIOLATIONS WITH DAIRY COMPANY

Photo Credit:  Wikimedia.

FROM: U.S. DEPARTMENT OF JUSTICE

Monday, October 1, 2012
Settlement with Suiza Dairy Corporation for Violations at Facilities in Puerto Rico Will Make Facilities Safer, Benefit Nearby Communities

WASHINGTON – Suiza Dairy has agreed to pay a penalty and make significant upgrades to settle Clean Air Act violations, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. The case stems from violations at two Suiza Dairy Corporation dairies located in Rio Piedras and Aguadilla, Puerto Rico, including two major releases of anhydrous ammonia from the Rio Piedras facility.

The Clean Air Act violations stem from Suiza’s failure of its general duty of care to identify hazards and to maintain safe facilities and its failure to comply with regulatory requirements for process safety management under the Clean Air Act, as well as Suiza’s failure to comply with administrative orders at both facilities.

"This settlement penalizes Suiza for violations of the Clean Air Act that resulted in two illegal releases of poisonous gas that put the community at risk, including one release that caused the hospitalization of several residents," said Ignacia S. Moreno, Assistant Attorney General of the Environment and Natural Resources Division at the Department of Justice. "Today’s agreement will prevent future violations of the Clean Air Act safety standards by requiring Suiza to upgrade its refrigeration technology and emergency notification system."

"Reducing toxics in the air is a priority for the EPA. These facilities were very poorly run and the communities around them suffered as a result, with some people being sickened by a major release of ammonia into the air," said Judith A. Enck, EPA Regional Administrator. "This settlement requires the company to comply with the law and not jeopardize people’s health."

As part of the consent decree announced today, Suiza will pay a penalty of $275,000. Suiza will also spend approximately $3.75 million on projects that will significantly improve the refrigeration systems at both facilities, considerably reduce the amount of anhydrous ammonia in the systems at both facilities, improve alarm and ammonia release notification procedures, and provide medical training and/or equipment to medical personnel to treat persons affected by exposure to anhydrous ammonia. Suiza will also conduct community emergency drills in the communities located adjacent to the facilities, to train community members on what to do in the event of an accidental release of anhydrous ammonia.

Suiza’s first accidental ammonia release from the Rio Piedras facility was in July 2005. Then in May 2007, approximately 1,146 pounds of anhydrous ammonia was released into the atmosphere causing at least 14 residents from the community located near the Rio Piedras Facility to require medical attention. At least nine of the people requiring medical attention also required an overnight stay in the local hospital.

Following these releases, and complaints from residents near the Aguadilla facility, EPA submitted information requests to Suiza and conducted multiple inspections at both facilities. In September 2007, EPA issued Suiza administrative orders for both facilities, ordering Suiza to bring the facilities into compliance. Suiza failed to comply with both orders.

As a result of Suiza’s failure to comply with the orders and the substantive violations at both facilities, EPA reinspected both facilities in May and October 2009. Over 40 violations were identified at each facility; violations included, for example: corrosion to anhydrous ammonia transfer lines, failure to implement an adequate alarm system, improper labeling of valves and equipment, and improper ventilation.

The settlement requires Suiza to implement over 40 compliance measures at each facility to address the violations. In addition, the company has agreed to spend at least $3 million to reduce the amount of anhydrous ammonia used in the refrigeration process at the facilities, from approximately 18,000 pounds to less than 8,400 pounds at the Rio Piedras facility (54 percent reduction) and from 4,700 pounds to less than 3,300 pounds at the Aguadilla facility (30 percent reduction). Suiza will also install an enhanced alarm system at the Aguadilla facility that will continuously monitor anhydrous ammonia operating pressures, temperatures and levels, as well as automatically alert operators to conditions not within normal operational ranges for these parameters.

Justice Department and the EPA conducted community meetings near both facilities in August 2011. Partly as a result of that outreach, and the suggestions made by community members at those meetings, Suiza has agreed to conduct community emergency drills in the communities located adjacent to the facilities. Suiza will coordinate with first responders and EPA to simulate an accidental anhydrous ammonia release and train community members on what to do in the event of such a release.

RECOGNIZING THE RIGHTS OF ASSOCIATION AND ASSEMBLY

UN  Credit:  Wikimedia

FROM: U.S. DEPARTMENT OF STATE
Adoption of Human Rights Council Resolution on Freedom of Association and of AssemblyPress Statement

Hillary Rodham Clinton
Secretary of State

Washington, DC

October 1, 2012

On Thursday, the UN Human Rights Council recognized the critical importance of the freedom of peaceful assembly and association. This U.S. sponsored resolution reaffirms a basic truth: civil society plays a central role in promoting and protecting the enjoyment of human rights, but civil society can only serve the common good when the rights to freedom of peaceful assembly and association are protected.

Progress in the 21st century depends on the ability of individuals and organizations to come together around shared goals; harness the power of their convictions; and make societies more productive, transparent and accountable. Over the last 18 months, however, we have seen governments constrict civil society activism and increase their attacks against civic-minded organizations and individuals. These crackdowns mark a disturbing trend that requires global leadership.

The United States was proud to work with fellow Core Group members – the Czech Republic, Indonesia, Lithuania, the Maldives, Mexico, and Nigeria – to advance this important and timely resolution, and we thank them for their leadership and unflagging effort.

In New York last week, the United States was also proud to stand with 15 countries and two foundations that have joined us in supporting Lifeline, a rapid-response assistance mechanism for embattled NGOs that puts the principles endorsed by the resolution into action.

This resolution, and the Lifeline fund, shows that we have many partners around the world alarmed by these recent trends who are willing to support peaceful assembly and association. This is a critical moment to redouble our efforts to stand with civil society in the pursuit of democratic progress.

LABOR BOARD UPHOLDS FIRING OF EMPLOYEE FOR SARCASTIC FACEBOOK POSTING REGARDING EMPLOYER

FROM: U.S. NATIONAL LABOR RELATIONS BOARD
The National Labor Relations Board has found that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted or protected.
The question came down to whether the salesman was fired exclusively for posting photos of an embarrassing and potentially dangerous accident at an adjacent Land Rover dealership, or for posting mocking comments and photos with co-workers about serving hot dogs at a luxury BMW car event. Both sets of photos were posted to Facebook on the same day; a week later, the salesman was fired from Knauz BMW in Lake Bluff, IL.

The Board agreed with Administrative Law Judge Joel P. Biblowitz, who found after a trial that the salesman was fired solely for the photos he posted of a Land Rover that was accidently driven over a wall and into a pond at the adjacent dealership after a test drive. Both dealerships are owned by the same employer.

In a charge filed with the NLRB, the salesman maintained that he was principally fired for posting photos and sarcastic comments about his dealer serving hot dogs, chips and bottled water at a sales event announcing a new BMW model. "No, that’s not champagne or wine, it’s 8 oz. water," the salesman commented under the photos. Following an investigation,the regional office issued a complaint. Judge Biblowitz found that this activity might have been protected under the National Labor Relations Act because it involved co-workers who were concerned about the effect of the low-cost food on the image of the dealership and, ultimately, their sales and commissions.

The Land Rover accident was another matter. A salesperson there had allowed a customer’s 13-year-old son to sit behind the wheel following a test drive, and the boy apparently hit the gas, ran over his parent’s foot, jumped the wall and drove into a pond. The salesman posted photos of the accident with sarcastic commentary, including: "OOPS".

The National Labor Relations Act protects the group actions of employees who are discussing or trying to improve their terms and conditions of employment. An individual’s actions can be protected if they are undertaken on behalf of a group, but the judge found, and the Board agreed, that was not the case here.

As Judge Biblowitz wrote, "It was posted solely by [the employee], apparently as a lark, without any discussion with any other employee of the Respondent, and had no connection to any of the employees’ terms and conditions of employment. It is so obviously unprotected that it is unnecessary to discuss whether the mocking tone of the posting further affects the nature of the posting." Because the posts about the marketing event did not cause the discharge, the Board found it unnecessary to pass on whether they were protected.

However, the three-member panel differed in its opinions of a "Courtesy" rule maintained by the employer regarding employee communications. Chairman Mark Gaston Pearce and Member Sharon Block found the language of the rule to be unlawful because employees would reasonably believe that it prohibits any statements of protest or criticism, even those protected by the National Labor Relations Act.

Dissenting, Member Brian E. Hayes found that the employer’s rule was "nothing more than a common-sense behavioral guideline for employees" and that "nothing in the rule suggests a restriction on the content of conversations (such as a prohibition against discussion of wages)".

The Board ordered Knauz BMW to remove the unlawful rules from the employee handbook and furnish employees with inserts or new handbooks. The decision, dated Sept. 28 but made public today, was the Board’s first involving a discharge for Facebook postings; other such cases are pending before the Board.

U.S. EXPORT-IMPORT BANK APPROVES $118 MILLION DIRECT LOAN TO GOVERNMENT OF VIETNAM

Vietnam Statue of Ho Chi Minh reading to a child in front of the Communist Party of Vietnam headquarters in Ho Chi Minh City ,formerly Saigon. .From- CIA World Factbook.

FROM: U.S. EXPORT-IMPORT BANK
Ex-Im Approves $118 Million in Financing to Vietnam
for Export of Lockheed Martin Satellite
Washington, D.C. – The board of the Export-Import Bank of the United States (Ex-Im Bank) voted to authorize a $118 million direct loan to the government of Vietnam for the export of a Lockheed Martin Space Systems Company telecommunications satellite and additional goods and services.

The loan, which represents Ex-Im Bank’s first satellite transaction with the government of Vietnam, supported approximately 525 full-time equivalent American jobs, according to Lockheed Martin estimates, and financed export sales totalling $215 million.

"As one of our nine key markets, Vietnam affords American companies unique export opportunities," said Ex-Im Bank Chairman and President Fred P. Hochberg. "These opportunities promote economic growth in both countries, which in turn supports American jobs in vital U.S. industries. The satellite transaction in particular reflects the unsurpassed quality of American technology and the demand for it abroad."

The Vietnam Post and Telecommunications Group (VNPT), a state-owned enterprise headquartered in Hanoi acting on behalf of the government of Vietnam in the transaction, hopes to satisfy the growing demand of telecommunications and television markets emerging in the region.

"By providing financing for Vietnam Posts and Telecommunications Group, this Ex-Im Bank loan supports U.S. manufactured satellites and U.S. jobs," said Linda Reiners, Lockheed Martin Space Systems Commercial Ventures vice-president. "We congratulate our long-term customer VNPT, with whom we have now partnered in the manufacturing of two satellites."


The satellite, VINASAT-2, is a geosynchronous satellite that was launched May 15 and recently completed a series of in-orbit testing. Equipped with a payload of 24 active Ku-band transponders, the satellite provides coverage to Vietnam, Cambodia, Laos, and Thailand.

BNP Paribas will serve as the documentation agent and letter-of-credit bank.

As of the end of FY 2011, Ex-Im Bank’s credit exposure in Vietnam accounted for $185 million of the Bank’s portfolio.

In FY 2012, Ex-Im Bank authorized approximately $1.4 billion to support U.S. satellite exports, exceeding its financing for the industry in FY 2011.

Ex-Im Bank considered the transaction only after receiving presidential approval to do so. According to the Bank’s Charter, the president must first determine if an Ex-Im Bank loan of $50 million or more to a Marxist-Leninist country is in the national interest before the Bank’s board can vote on the transaction.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
An F/A-18E Super Hornet from the Pukin Dogs of Strike Fighter Squadron (VFA) 143 launches while an F/A-18F Super Hornet from the Jolly Rogers of VFA 103 prepares to launch from the Nimitz-class aircraft carrier USS Dwight D. Eisenhower (CVN 69). Dwight D. Eisenhower is deployed to the U.S. 5th Fleet area of responsibility conducting maritime security operations, theater security cooperation efforts and support missions as part of Operation Enduring Freedom. Join the conversation on social media using #warfighting. U.S. Navy photo by Mass Communication Specialist Seaman Sabrina Fine (Released) 120930-N-NB538-114

The Aircraft carrier USS Enterprise (CVN 65), center right, the Nimitz-class aircraft carrier USS Dwight D. Eisenhower (CVN 69), and the Ticonderoga-class guided-missile cruisers USS Vicksburg (CG 69), far right, and USS Hue City (CG 66) are underway in formation during a passing exercise. Enterprise, Eisenhower, Vicksburg and Hue City are deployed to the U.S. 5th Fleet area of responsibility conducting maritime security operations, theater security cooperation efforts and support missions as part of Operation Enduring Freedom. Join the conversation on social media using #warfighting. U.S. Navy photo by Mass Communication Specialist 3rd Class Scott Pittman (Released) 120927-N-FI736-597

 

CLIMATE CRYSTALS FORM IN DISK OF STAR

 

 

NEWS FROM AFGHANISTAN, OCTOBER 2, 2012

Photo:  Harrier Jet.  Credit:  U.S. Department of Defense

FROM: U.S. DEPARTMENT OF DEFENSE
Combined Force Arrests Taliban Leader
From an International Security Assistance Force Joint Command News Release


KABUL, Afghanistan, Oct. 2, 2012 - An Afghan-led, coalition-supported force arrested a Taliban leader in the Maiwand district of Kandahar province today, military officials reported.

The arrested Taliban leader is suspected of reporting directly to the senior Taliban leader for the district and was responsible for coordinating and directing improvised explosive device emplacement operations, as well as insurgent attacks throughout the region, officials said.

Officials said the detained Taliban leader also is linked to the preparation of a vehicle-borne IED attack against Afghan and coalition force assets.

The security force also detained multiple suspected insurgents and seized an IED firing device and IED-making materials, officials said.

In other operations today:

-- A combined force arrested a senior Islamic Movement of Uzbekistan leader and weapons facilitator and detained two other suspects in the Chahar Darah district of Kunduz province. The arrested IMU leader is suspected of planning and conducting IED attacks throughout Kunduz province, as well as coordinating the movement of IED-making materials for attacks on Afghan and coalition forces.

-- A combined force detained several suspects during an operation to arrest a Haqqani leader in the Pul-e 'Alam district of Logar province. The Haqqani leader is believed to oversee the distribution of weapons to support insurgent operations throughout Logar province.

-- A combined force detained one suspectduring a search for a Taliban leader in the Sayyidabad district of Wardak province. The sought-after Taliban leader is suspected of being directly involved in multiple ambush-style attacks on coalition force convoys throughout the district.

In operations yesterday:

-- A combined force arrested a Taliban commander in the Gereshk district of Helmand province. The Taliban commander, Abdul Bari, who operated across southwest Afghanistan, is suspected of coordinating delivery of heavy machine guns and IED-making components to insurgents across central Helmand province.

-- Afghan Special Police members recovered IED-making materials and heavy weapons, including three mortars, in a coalition-supported operation in the Nerkh district of Wardak province.

PARTNERSHIP KEY TO CYBERSECURITY

General Keith B. Alexander

FROM: U.S. DEPARTMENT OF DEFENSE

U.S. Leaders Cite Partnership as Key to Cybersecurity

By Cheryl Pellerin
American Forces Press Service

WASHINGTON, Oct. 2, 2012 - As the cyber threat intensifies over time from exploitation to disruption to destruction, responsible U.S. agencies and industries can fight back using cooperation and transparency, the commander of U.S. Cyber Command said here yesterday.

Army Gen. Keith B. Alexander, who also serves as director of the National Security Agency, was part of a panel on cybersecurity at the Woodrow Wilson Center for Scholars.

"For the last 10 years, what we've seen on our networks has been essentially exploitation, [such as] theft of intellectual property and crime," the general said. "Over the last few weeks, we've seen distributed denial-of-service attacks, so we're seeing the threat grow from exploitation to ... disruption, and my concern is it's going to go from exploitation and disruption to destruction."

He defined destruction as physical harm to computer devices on a network that would cause the networks to fail, or the loss of a significant amount of data that would impair the ability of a company -- a stock exchange or a power grid -- to operate.

"I believe that's coming our way," Alexander said. "We have to be out in front of this for a whole host of reasons. The Defense Department's reason is that we depend on critical infrastructure to do our jobs. We depend on the power grid, [and] we depend on the Internet to operate."

For industry, the general gave examples of companies that have experienced serious losses as a result of destructive cyberattacks. In August, a viral attack on computers at Saudi Arabia's government-owned oil company, Aramco, lost data from up to 30,000 workstations. According to news reports, a malicious virus replaced data on a third of the computers of the world's largest oil producer with an image of a burning U.S. flag.

"Think about a company that loses all that data from their systems," Alexander said. "That doesn't mean you just go to backup systems -- it's gone. And if that data had important information, you can never recover it. From our perspective, that's a significant problem."

He also mentioned RSA, a U.S. computer security company that in March 2011 experienced a cyberattack that news reports said cost the company $66 million. That month, the company released an open letter to employees and customers describing the attack, its likely consequences and the company's response.

Companies that do business exclusively online are particularly vulnerable, Alexander said. One of these was DigiNotar, a Dutch certificate authority owned by VASCO Data Security International that went bankrupt within 30 days after a September 2011 security breach that resulted in the fraudulent issuing of certificates.

DigiNotar worked with Google and other online firms, Alexander added. Certificates allow people to communicate securely online, and the breach was devastating to the company.

"I do think we have to get out in front of [such cyber destruction]," the general said, "really for the operation of our government and our country, and it will also have a significant economic impact."

The solution to cyber-related intellectual property theft and destructive attacks, Alexander said, is information sharing by responsible organizations and working together in a transparent way.

"The cyber team that our government needs," the general said, includes the Homeland Security Department as the entry point for working with industry, and the FBI, National Security Agency and Cyber Command working together to help on the technical front.

The FBI would have the lead for law enforcement and identifying attackers, NSA on foreign intelligence and Cyber Command on defending the nation, Alexander said. "Together, that team is what I think the American people hold us accountable for doing," he added.

"What we're asking industry to do is to look for certain kinds of bad things going on, and if they see these things, let the government know right away. It's just like pulling a fire alarm," he said. "Call us and we'll respond. Otherwise, we don't need to know what traffic is transiting [the network]."

Alexander said he thinks it's the correct thing to do to have a civilian agency in the lead for cybersecurity, especially if the FBI, NSA and Cyber Command can do their jobs on the technical side. Such a configuration "allows for the transparency that I think the American people need in this area," he added. "Cyber is so important to all of us. They want to know we're doing it right, and the way to do that is to be transparent."

Cybersecurity also was the subject of a proclamation issued yesterday by President Barack Obama, who said in declaring October as National Cybersecurity Awareness Month that the U.S. digital infrastructure is a strategic national asset that everyone has a role in protecting.

"By bringing together federal, state and local governments and private industry partners, we have made great progress in securing cyberspace for business, education, entertainment and civic life," Obama said.

"In November 2011," he added, "we released the Blueprint for a Secure Cyber Future, a strategic plan to protect government, the private sector and the public against cyber threats today and tomorrow."

FORMER INDYMAC CEO AGREES TO SETTLE IN SEC LITIGATION

FROM: SECURITIES AND EXCHANGE COMMISSION
The U.S. Securities and Exchange Commission today announced that on September 28, 2012, the United States District Court for the Central District of California entered a settled final judgment as to Michael W. Perry, the former Chief Executive Officer and Chairman of the Board of IndyMac Bancorp, Inc. IndyMac, through its main subsidiary, IndyMac Bank, primarily made, purchased, and sold residential mortgage loans. In July 2008, IndyMac Bank was placed under Federal Deposit Insurance Corporation receivership and IndyMac filed for bankruptcy. The Commission’s complaint alleges that IndyMac and Perry, in connection with IndyMac’s first quarter 2008 Forms 10-Q and 8-K and related earnings call, all dated May 12, 2008, failed to disclose that IndyMac Bank had only been able to maintain its well-capitalized regulatory status by retroactively including in IndyMac’s first quarter capital balance an $18 million capital contribution from IndyMac to IndyMac Bank, even though it was made on May 9, 2008, over five weeks after the end of the first quarter.

Without admitting or denying the allegations in the complaint, Perry consented to the entry of the Final Judgment permanently enjoining him from future violations of Section 17(a)(3) of the Securities Act of 1933, and ordering him to pay a civil penalty in the amount of $80,000.

U.S MARSHALS REAP BIG HARVEST FROM "SEPTEMBER TO REMEMBER" OPERATION

FROM: U.S. MARSHALS SERVICE

U.S. Marshals Arrest 40 in Operation "September to Remember"

Alexandria, VA – Today, U.S. Marshal Robert W. Mathieson announces the results from Operation "September to Remember," a joint operation targeting criminal activity in the Petersburg, Hopewell, and Colonial Heights communities.

The operation began Tuesday and consisted of personnel from the United States Marshals Service; Virginia State Police, Petersburg, Hopewell, Colonial Heights, Prince George police departments, Dinwiddie Sheriff’s Office as well as several other local law enforcement agencies as part of Operation "September to Remember." Each of the agencies involved provided vital resources and specific expertise which contributed to the success of the operation.

The agencies involved in this joint initiative were activated to combat violence, increase police presence and improve public safety within the Tri-City communities.

Operation "September to Remember" ended today at 2 p.m.; however, several police agencies will continue enforcement efforts throughout the weekend. The combined efforts of the agencies involved resulted in the following enforcement activity:

Warrant Arrests:

89 warrants were executed;


Charges included: Aggravated Assaults, Weapon Offenses, Sexual Assaults and Dangerous Drugs.

A total of 40 arrests were made and all individuals were taken into custody without incident.
The hard work, invaluable resources and commitment of the agencies involved contributed to the overall success of the operation. The public is asked to remain vigilant and report all suspicious behavior and criminal activity to their local police agency.

The U.S. Marshals Service arrested more than 36,200 federal fugitives and 86,400 state and local fugitives in fiscal year 2011.

TOOLKIT FOR TEACHERS TO HELP PREVENT BULLYING

Photo:  Sunrise.  Credit:  NASA.

FROM: U.S. DEPARTMENT OF EDUCATION

U.S. Department of Education Provides Guidance to Help Classroom Teachers Combat Bullying

The U.S. Department of Education has released a free, two-part training toolkit designed to reduce incidents of bullying, for use by classroom teachers and educators. The toolkit was developed by the Safe and Supportive Schools Technical Assistance Center, supported by the U.S. Department of Education’s Office of Safe and Healthy Students, in collaboration with the NEA and the American Federation of Teachers.

Teachers care about bullying in the classroom, but many don’t know how to effectively intervene and prevent it, according to data collected by the National Education Association (NEA). The toolkit is designed to provide classroom teachers with the knowledge and skills to intervene in bullying behavior and to de-escalate threatening behaviors at school. It includes two modules: "Understanding and Intervening in Bullying Behavior" and "Creating a Supportive Classroom Climate."

"Teachers play a critical role in identifying, addressing, reporting and intervening in bullying behavior in their classrooms," David Esquith, director of the Office of Safe and Healthy Students, said. "These modules will certainly help those teachers who don’t know what to do when these situations arise, and will strengthen the skills of those who do."

Module 1 consists of step-by-step instructions, including a preparation guide and trainer’s outline, for conducting workshops with teachers, educators and school personnel who work with students in a school environment. Materials for the workshop focus on:

Understanding what bullying behavior is and is not
Understanding what bullying behavior may look like in the classroom
Exploring ideas for responding to bullying behavior and
Becoming equipped with specific strategies for addressing and reporting bullying behavior.

Module 2 provides state-of-the-art information on how to build a supportive classroom climate. Research shows that classrooms that have strong relationships and are respectful of diversity have less bullying. Participants in the module will:

Consider what a supportive classroom climate looks like and how it can prevent bullying
Examine the role of teacher-to-student and student-to-student relationships in building a supportive classroom climate
Explore strategies for preventing bullying in the classroom, including establishing a culture of respect for differences among students
Consider how a web of positive support among students and other adults across the school community can help prevent bullying.

"Teachers often get frustrated because they truly do care about their students and want to help stop bullying in their classrooms, but they don’t know what to do," Deborah Temkin, the Department’s bullying prevention coordinator, said. "These modules are based on the best available research and practices to give teachers effective tools to not only respond to bullying, but also to stop it before it starts."

The training modules build upon the success of training materials previously released for school bus drivers in June 2011. Since that time, the school bus training materials have been used to train more than 100,000 of the nation’s bus drivers. The classroom teacher modules were developed as a result of feedback from attendees at annual Federal Partners in Bullying Prevention summits the last three years. The summits were hosted by the U.S. Department of Education’s Office of Safe and Healthy Students in conjunction with the departments of Justice, Health and Human Services, Defense, Agriculture, the Interior, the Federal Trade Commission, the White House Initiative on Asian Americans and Pacific Islanders, and the National Council on Disability. Teachers, educators and others from around the country attended the summits that focused on stopping bullying in schools and communities.

More than 33 percent of students who are bullied report it happening in classrooms, according to research from the National Center for Education Statistics. And the NEA reports that only 55 percent of teachers have received training on bullying policies at their schools. The training toolkit will help enhance teachers’ existing skills in building supportive classroom climates while sharpening the skills of others who work with students in school settings.

To access the free materials, click here.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
The Ticonderoga-class guided-missile cruiser USS Cowpens (CG 63) fires Standard Missiles (SM) 2 at an airborne drone during a live-fire weapons shoot. Cowpens is part of the George Washington Carrier Strike Group, the U.S. Navy's only forward deployed carrier strike group, and is conducting a routine patrol of the western Pacific region. U.S. Navy photo by Mass Communication Specialist 3rd Class Paul Kelly (Released) 120920-N-TX154-336

Navy chaplain Lt. Cmdr. Henry F. Holcombe baptizes Electrician's Mate 3rd Class Andrew S. Lyons, from Baltimore, during a baptism service on the fantail of the aircraft carrier USS Enterprise (CVN 65). Enterprise is deployed to the U.S. 5th Fleet area of responsibility conducting maritime security operations, theater security cooperation efforts and support missions as part of Operation Enduring Freedom. U.S. Navy photo by Mass Communication Specialist 3rd Class Jared King (Released) 120923-N-CH661-039

SEC CHARGES FORMER INVESTMENT BANK ANALYST WITH TIPPING COLLEGE FRIEND ABOUT IMPENDING MERGERS

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C., Sept. 27, 2012 — The Securities and Exchange Commission today charged a former analyst at a Boston-based investment bank with illegally tipping a close friend with confidential information about clients involved in impending mergers and acquisitions.

The SEC alleges that Jauyo "Jason" Lee, who worked in the San Francisco office of Leerink Swann LLC, gleaned sensitive nonpublic information about the deals from unsuspecting co-workers involved with those clients and by reviewing various internal documents about the transactions, which involved medical device companies. Lee tipped his longtime college friend Victor Chen of Sunnyvale, Calif., with the confidential information, and Chen traded heavily on the basis of the nonpublic details that Lee had a duty to protect. Chen made more than $600,000 in illicit profits, which was a 237 percent return on his initial investment. Bank records reveal a pattern of large cash withdrawals by Lee followed by large cash deposits by Chen, who then used the money for the insider trading.

"Lee worked in an industry where safeguarding nonpublic information is essential, yet he exploited his access to confidential merger and acquisition details to give his friend an unfair trading advantage," said Merri Jo Gillette, Director of the SEC’s Chicago Regional Office.

According to the SEC’s complaint filed in U.S. District Court for the Northern District of California, Lee was first privy to information about Leerink’s client Syneron Medical Ltd., which was negotiating an acquisition of Candela Corporation in 2009. He later learned that Leerink’s client Somanetics Corporation was in the process of being acquired by Covidien plc. in 2010. As Lee collected nonpublic details about each of the deals, he communicated with Chen repeatedly and exchanged dozens of phone calls and text messages. Some of the calls took place from Lee’s office telephone at Leerink. Lee had a duty to preserve the confidentiality of the information that he received in the course of his employment at Leerink.

The SEC alleges that in the days leading up to the public announcements of each of these deals, Chen made sizeable purchases of stock and call options in Candela and Somanetics and made unusual trades in the securities of each of these acquisition targets. Chen had never previously bought securities in these companies, yet he suddenly spent a significant portion of his available cash to buy the Candela and Somanetics securities. Chen proceeded to sell most of his Candela and Somanetics holdings once public announcements were made about the transactions. Because Chen made some of his trades in his sister Jennifer Chen’s account, the SEC’s complaint also names her as a relief defendant for the purposes of recovering the illegal profits in her account.

The SEC alleges that Lee and Chen violated Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. The SEC is seeking disgorgement of ill-gotten gains with prejudgment interest, financial penalties, and permanent injunctions against Lee and Chen.

The SEC’s investigation was conducted in the Chicago Regional Office by Kara M. Washington and John E. Kustusch and supervised by Peter Chan and Steven L. Klawans. The litigation is being handled by Steven C. Seeger. The SEC thanks the Financial Industry Regulatory Authority’s (FINRA) Office of Fraud Detection and Market Intelligence as well as the Options Regulatory Surveillance Authority for their assistance in this matter.

SECRETARY OF HEALTH AND HUMAN SERVICES KATHLEEN SEBELIUS SPEAKS ON ERADICATING POLIO WORLDWIDE

SEC. OF HHS KATHLEEN SEBELIUS

FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Legacy of a Polio-Free World

September 27, 2012
New York, NY
Thank you, Senator Wirth. Excellencies and distinguished guests, on behalf of President Obama and the American people, I want to begin by saying how proud we are to be part of the international effort to eradicate polio.

When I was born, polio was still a feared disease in the United States. It was still common to see Americans stricken with the disease on crutches and in wheelchairs. In 1952, when I was four, our country suffered its worst outbreak yet. More than 21,000 people were paralyzed and 3,000 died, most of them children.

Three years later, the Salk vaccine was introduced. And over the course of the next decades, I got to witness a modern miracle: a disease that once struck fear into the heart of every American parent disappearing completely.

This January, I was fortunate to be in New Delhi as we marked the latest milestone in the world’s effort to eradicate the disease: a full year since India’s last case of polio. A decade ago, India accounted for 85 percent of new polio cases worldwide. Today, India is the latest proof that when a country makes polio eradication a social movement and creates an inescapable accountability process, we can eliminate polio anywhere.

I want to commend the governments of Pakistan, Afghanistan, and Nigeria for establishing their own emergency action plans. And I want to reiterate the United States’ continuing support for global eradication. We must get over the finish line. And that means strengthening systems down to the most remote village so that every child benefits from the protection vaccines can offer.

Over the last 20 years, the US has invested more than $2.1 billion in polio eradication, in partnership with WHO, UNICEF, Rotary International, additional donor nations, affected countries, and the Gates Foundation.

But if we are going to wipe out polio once and for all, now is the time to redouble our efforts. As long as the polio virus survives, there is risk of resurgence. And the longer we take to eradicate the disease, the longer we will have to wait to free up resources that can be devoted to other urgent health needs.

That’s why the United States has significantly increased our financial support for polio eradication over the last four years. And it’s why in December, we committed our full scientific capabilities to the effort as well, activating the CDC’s Emergency Operations Center, which allows for better coordination in our international efforts.

Now, we need all donors and partners to do their part, with affected countries in the lead. A future in which polio is a childhood memory for the people of every country is within reach. But we will only get there if each of us fully commits to the final push.

Thank you.

COLARADO BASED U.S. GOVERNEMENT CONTRACTOR ALLEGEDLY ENGAGED IN TIME CARD FRAUD

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, September 28, 2012
U.S. Government Intervenes in False Claims Suit Against CH2M Hill Hanford Group

Colorado-based Company Allegedly Engaged in Widespread Time Card Fraud At Department of Energy Nuclear Site

The government has intervened in a lawsuit against CH2M Hill Hanford Group Inc. (CH2M Hill) in the U.S. District Court for the Eastern District of Washington, the Department of Justice announced today. CH2M Hill is a subsidiary of CH2M Hill Companies Ltd., a Colorado-based engineering and construction services company.

Between 1999 and 2008, CH2M Hill was a U.S. Department of Energy prime contractor responsible for the management and cleanup of over 170 underground storage tanks containing mixed radioactive and hazardous waste at the Department of Energy’s Hanford Nuclear Site in southeastern Washington. The lawsuit filed by Mr. Schroeder alleges that numerous CH2M Hill hourly employees regularly and substantially overstated the number of hours that they worked. The complaint also alleges that CH2M Hill management knowingly condoned this practice and submitted inflated claims to the Department of Energy that included the fraudulently claimed hours.

Eight former CH2M Hill employees, including Mr. Schroeder, have pleaded guilty to felony charges stemming from the time card fraud. The lawsuit was originally filed under the False Claims Act by Carl Schroeder, a former employee of CH2M Hill.

The False Claims Act authorizes private parties to sue on behalf of the United States and authorizes the United States to intervene in such a suit and take over responsibility for litigating it. Although the act generally authorizes the whistleblower who initiated the suit to share in any recovery, it also bars recovery by any whistleblower who is convicted of criminal conduct for his role in the fraud/ The United States has notified the court that it expects to file a motion to dismiss Mr. Schroeder from the action on the basis of is criminal conduct. Mr. Schroder’s lawsuit is captioned U.S. ex rel. Schroeder v. CH2M Hill, 09-cv-5038.

The claims asserted in this case are allegations only, and there has been no determination of liability. The case is being handled by the Civil Division of the Department of Justice and the U.S. Attorney’s Office for the Eastern District of Washington, with the assistance of the Department of Energy Office of Inspector General.