ALLEGED PONZI SCHEME TARGETED SENIORS

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

SEC Brings Charges in $42 Million Offering Fraud Targeting Seniors

The Securities and Exchange Commission today announced charges against Bradley A. Holcom, of Welches, Oregon, and Jose L. Pinedo, of San Diego, California, in connection with a fraudulent scheme that sold $42 million of promissory notes to more than 150 investors located across the United States, many of whom are senior citizens.

According to the complaint against Holcom, he lured investors by offering them guaranteed monthly interest payments on purportedly safe deals. He promised that their funds would be used to finance the development of specific pieces of real estate, and that each investment would be fully secured. In reality, the investments were unsecured, and the same piece of underlying property was often pledged as purported collateral on numerous investors’ promissory notes.

In addition to his misrepresentations, the complaint alleges that Holcom was also running a classic Ponzi scheme. While Holcom used some of the investors’ money to develop real estate, he also relied on those funds to make interest and principal payments on promissory notes as they came due. Holcom also used investor funds for personal use and on unrelated business ventures. By 2008, as the real estate market declined, Holcom’s scheme collapsed. Investors lost principal in excess of $25 million.

The Commission also alleges that Pinedo, who served as Holcom’s bookkeeper and as an officer or manager of Holcom’s numerous corporate entities, routinely signed promissory notes and other false and misleading documents that were sent to investors.

The Commission alleges that Holcom violated Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b) and 15(a) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. The Commission is seeking a permanent injunction, disgorgement plus pre- and post-judgment interest, and civil penalties against Holcom. Without admitting or denying the allegations in the Commission’s complaint against him, Pinedo has agreed to settle the matter, and consented to a final judgment enjoining him from violations of Sections 5(a), 5(c), 17(a)(2) and 17(a)(3) of the Securities Act.

C-17 GLOBMASTER III AIRCRAFT VISITS CHRISTCHURCH, NEW ZEALAND

People line up to take a tour of a C-17 Globemaster III aircraft, Sept. 29, 2012 at Christchurch International Airport, New Zealand. The plane, deployed from Joint Base Lewis-McChord, accomodated more than 10,000 visitors from the Christchurch area as part of the city's IceFest event. (U.S. Air Force photo/Staff Sgt. Sean Tobin)

Airmen showcase C-17 to New Zealanders

by Staff Sgt. Sean J. Tobin
62nd Airlift Wing Public Affairs
10/3/2012 - CHRISTCHURCH, New Zealand (AFNS) -- Thousands of New Zealanders visited the Christchurch International Airport for a chance to get a glimpse inside the cockpit of a C-17 Globemaster III aircraft, which deployed to Christchurch from Joint Base Lewis-McChord, Wash., Sep. 29 in support of Operation Deep Freeze 2012.

Airmen from the 62nd and 446th Airlift Wings guided visitors onto the aircraft and answered questions about the plane's capabilities. The tour was one of the many attractions arranged for the city's first ever New Zealand IceFest, an event with Antarctic-themed attractions throughout the city.

The event, which started Sept. 14 and is scheduled to last until Oct. 14, is a celebration of New Zealand's long history with Antarctica.

Upon arrival into Christchurch, the aircraft made a grand entrance performing a low-altitude flyover of various parts of the city. This included a flyover of Hagley Park, in the city center, where hundreds of school children gathered in a large formation to spell the word "IceFest" as a gesture to welcome the jet and its occupants to Christchurch.

The following day, people waited in line for as long as three hours for their chance to tour the jet that will soon be transporting cargo and National Science Foundation personnel to McMurdo Station, Antarctica.

"Christchurch is celebrating a century of being the gateway to Antarctica," said Jo Blair, the IceFest event director. "The goal of this event is to showcase our heritage with Antarctica and to help get kids interested in science, as well."

Getting a chance to tour the C-17 that will be transporting hundreds of NSF personnel is great for the kids in that respect, she said.

Also in attendance was the United States ambassador to New Zealand, David Huebner.

"This tour helps put a human face on U.S. military personnel," said Huebner. "Often, people tend to form their opinions from what they see on TV, and this tour is a great way to interact with U.S. Airmen and meet them face to face."

Christchurch got hit hard by the earthquakes in the past couple years and it hurt the city's morale and the people's confidence in the city's future, he said.

"This tour is a very tangible sign of the relationship the U.S. has with Christchurch," said Huebner. "It's great for the city to have friends demonstrate that they care."

Edwina Cordwell, a resident of Christchurch and one of the local attendees on the C-17 tour, described her amazement at seeing the large aircraft maneuver so effortlessly over her home.

"It gives you goose bumps," she said. "Seeing how nimble that huge plane can be. It's almost acrobatic."

Cordwell got choked up describing how she felt seeing the U.S. Air Force visiting Christchurch, especially in light of the devastation the city has suffered over recent years.

"It's quite emotional knowing someone cares," said Cordwell. "Seeing all this is just magical."

According to a representative of the event, more than 10,000 people showed up to tour the aircraft.

The first of 52 main season ODF missions departed Christchurch International Airport, en route to McMurdo Station, Antarctica, Oct. 1.



　

OBSTACLES AND MOTIVATION

Army Sgt. 1st Class Oscar Ayala does situps during a physical fitness test for the Sullivan Cup at Fort Benning, Ga, May 7, 2012. In the past two years, Ayala has had two hip surgeries, but has not let it affect his physical condition. "It's all in how you maintain yourself," he explained. U.S. Army photo by Spc. Bailey Kramer

Face of Defense: Soldier Uses Obstacles as Motivation
By Army Spc. Bailey Kramer
1st Brigade Combat Team, 1st Cavalry Division

FORT HOOD, Texas, Oct. 3, 2012 - Growing up, his dream was to be a United States soldier. So even after two hip surgeries only months apart, Army Sgt. 1st Class Oscar Ayala, a platoon sergeant assigned to 1st Cavalry Division's Company D, 2nd Battalion, 8th Cavalry Regiment, "Ironhorse," 1st Brigade Combat Team, still manages to outperform his soldiers.

"I always wanted to be a soldier," Ayala said. "When I was in high school, I told my recruiter I wanted to join the Army. I didn't ask for anything. I just joined."

Ayala, a native of Kearny, N.J., enlisted as a tanker in the National Guard in 1999. After a year and a half, he switched to active duty.

Serving as a platoon sergeant is special to Ayala.

"I never pictured myself being in the position I am in now," he said. "I mean, I am just one of many at my position, but going back to my childhood, I never thought I would have this impact on other soldiers, or even [noncommissioned officers]."

After converting to active duty, Ayala was stationed at Fort Lewis, Wash., where he stayed for two years before moving to here. Since then, he has been deployed four times in support of Operation Iraqi Freedom, Operation New Dawn and, in his most recent deployment in Kuwait, Operation Spartan Shield.

Although he has deployed numerous times, Ayala said, he has not let it affect his attitude toward the Army.

"I know I have younger soldiers looking up to me," he said. "I have to show my soldiers that even though we go through tough times, we are still soldiers, and that's what we get paid to do. We have to get the mission accomplished whether we are going through good or bad times."

One of Ayala's soldiers, Army Spc. Sam Garcia, said he can look to Ayala for guidance and leadership.

"[Ayala] has always been approachable," Garcia said about his respected mentor. "He's [seasoned], and I know I can count on him to help me when I need him most."

Ayala sustained a hip injury during his 2006-2008 Iraq deployment. During his check-up, problems were found in both hips, resulting in a dual surgery -- the first in April 2011 and the second following less than two months later.

Even with the surgeries and the pain, Ayala said, his motivation hasn't wavered.

"I am still motivated, probably a little more," he said. "I learned to ignore the majority of the pain. Whether I am injured or not, I still go up there and lead my guys."

Ayala still receives a perfect score of 300 on his physical fitness test, consisting of pushups, situps and a two-mile run.

"I feel as though I set the bar for my platoon," he said. "If I can do it, they can, too. A lot of my guys see me trying and they get behind me. It keeps me and them motivated."

Ayala was the tank commander of the Ironhorse tank team that participated in the prestigious Sullivan Cup, a competition testing tankers' skills across the Army. He was one of only two competitors to earn a perfect score of 300 in the fitness test portion of the competition.

"It made me feel that although I am on the older side of the competitors, that age is just a number," Ayala said. "It's all in how you maintain yourself."

His wife of 25 years, Katherine, also is aware of his self-motivation, he said.

"[She] keeps telling me to slow down on the physical side of work, exercising and such," Ayala said with a chuckle. "But I remind her I am a leader, and I can't lead my soldiers from the rear. She understands and is very supportive of my choices."

With everything that has happened, Ayala said, having a supportive wife has helped him push through his obstacles.

"It's a little bit hard," he said. "But like I tell my guys, even though we go through tough times, I am a soldier."

HURRICANE HUNTERS

 FROM: NATIONAL SCIENCE FOUNDATION
September 24, 2012

The Deep Convective Clouds & Chemistry (DC3) Experiment, which began in mid-May, explores the influence of thunderstorms on air just beneath the stratosphere, a region that influences Earth's climate and weather patterns. Scientists used three research aircraft, mobile radars, lightning mapping arrays and other tools to pull together a comprehensive picture. Credit: NOAA

Dropsondes--Work Horses in Hurricane Forecasting
Small cylinders dropped from airplanes gather atmospheric data on their way down

Inside a cylinder that is about the size of a roll of paper towels lives a circuit board filled with sensors. It's called a dropsonde, or "sonde" for short. It's a work horse of hurricane forecasting, dropping out of "Hurricane Hunter" airplanes right into raging storms. As the sonde falls through the air, its sensors gather data about the atmosphere to help us better understand climate and other atmospheric conditions.

"Dropsondes have a huge impact on our understanding of hurricanes and our ability to predict hurricanes," explains electrical engineer Terry Hock at the Earth Observing Laboratory in the National Center for Atmospheric Research (NCAR), located in Boulder, Colo.

With support from the National Science Foundation (NSF), Hock and his colleagues at NCAR have been designing, building and improving dropsonde technology for more than 30 years. "Our most current development is a fully automated dropsonde system for NASA's unmanned Global Hawk aircraft," says Hock.

Compared to earlier models, today's sondes are lighter weight, relatively inexpensive and loaded with sensors.

"We have a lot of electronics and, on the back side, a battery pack to operate the sonde. We have a temperature and two humidity sensors, and we have a GPS receiver," explains Hock, as he points out the different circuit board components. "As the sonde moves, we're using that GPS receiver to track the sonde's movements very precisely, which is then telling us the wind speed and wind direction. At the top of the sonde is a parachute which slows down the descent."

Electrical engineer Dean Lauritsen, a member of Hock's team, developed the system software on the aircraft, which controls the aircraft data system and process, and also displays dropsonde data during the sondes free fall to earth. There's such a system on the HIAPER, the NSF/NCAR Gulfstream V Research Aircraft, which uses sondes for scientific research, and a similar system used by the U.S. Air Force Reserve Hurricane Hunters in Biloxi, Miss., and the NOAA Hurricane Hunters in Tampa, Fla. On board each aircraft are a computer and a rack of electronic equipment to monitor and receive information from sondes. "The system is capable of tracking as many as eight dropsondes in the air at the same time. Each one of them is transmitting data on a separate frequency as it falls." says Lauritsen.

From the time the sonde leaves the aircraft, it is checking surroundings two times a second and sending information back to the aircraft, including pressure, temperature, humidity, wind speed, and wind direction. Future developments are expected to include sensors for chemicals such as ozone.

"We're taking vertical slices of the atmosphere constantly as the sonde falls," says Hock. "We're seeing very precise single measurements show up immediately on the computer screen."

Researchers process the information using NCAR-developed custom software, and then send it to weather forecasters and researchers around the world. In the case of the Hurricane Hunters, the information goes to the National Hurricane Center in Miami.

NCAR software engineer Charlie Martin develops custom software called ASPEN, which stands for Atmospheric Sounding Processing Environment. ASPEN helps make sense of all the dropsonde data. "Once the dropsonde has fallen through the atmosphere and the data has come back to the aircraft, that raw data needs a little more treatment before we send it to weather services around the world," explains Martin.

Martin points to a map showing a compilation of dropsonde wind data collected in August 2011, as Hurricane Irene was churning its way toward the Florida coast. "The winds are in a circular pattern," says Martin, as he identifies small triangles on the map that represent the wind and wind direction. "The center of the hurricane is clearly depicted in the center of the circular pattern. The National Hurricane Center uses this data along with other data to classify the hurricane and assign a category to it."

Hock and his team also custom fit aircraft with launchers to deploy the sondes, including one system for helium-filled balloons. In 2010, American and French researchers deployed balloons over Antarctica that dropped 600 sondes over a four-month period to study atmospheric conditions and the shifting ozone layer. "There is now a very dense set of measurements that came out of this project that has mapped the Antarctic atmosphere like it has never been done before," notes Martin.

"Atmospheric conditions above the Antarctic continent are hard to study since only a handful of sounding stations are regularly maintained there," says Peter Milne, program manager for ocean and atmospheric sciences within NSF's Office of Polar Programs. "Fortunately, the Antarctic polar vortex, a huge cyclone that sets up above the entire continent, is like the NASCAR of long distance ballooning, with balloons sweeping around the continent for as long as they stay aloft. Using these drifting platforms provided a unique data set."

Such "inside information" is helping scientists learn more about climate and hurricanes. Data from dropsondes is also giving scientists a better understanding about atmospheric conditions that spawn any number of weather conditions. Hock expects this will help forecasters make earlier and more precise hurricane predictions, giving people in the path of a killer storm more time to get out of harm's way.

LOST 'TONIGHT SHOW' EPISODES FOUND AT MILITARY STORAGE FACILITY

FROM: U.S. DEPARTMENT OF DEFENSE

Pedro Loureiro, left, archivist at the Defense Imagery Management Operations Center, and Jeff Sotzing, CEO at Carson Entertainment Group, review a 1963 film of "The Tonight Show Starring Johnny Carson" once thought to be lost, that was found at DIMOC's facility in Riverside, Calif. DIMOC turned over the film to Sotzing to be added to the Carson archives. DOD photo by Navy Petty Officer 3rd Class Will Gaskill
'Tonight' Episodes Believed Lost Turn Up at DOD Facility
By Navy Petty Officer 3rd Class Will Gaskill
American Forces Network Broadcast Center

RIVERSIDE, Calif., Oct. 3, 2012 - Once thought to be lost, a film reel containing clips of "The Tonight Show Starring Johnny Carson" was discovered in a military visual information storage facility here and was turned over Oct. 1 to Jeff Sotzing, nephew of Johnny Carson.

The clips, dating back to 1963, were found on an archived 16 mm film reel stored at the Defense Imagery Management Operations Center, known as DIMOC, just outside of March Air Reserve Base.

In the 1960s, the Armed Forces Radio and Television Service received film reels from the production studios and distributed the programming to its stations for service members around the world. After the footage was shown and no longer needed, it was returned to the studios, destroyed, or sometimes kept on site at the AFRTS facility, now called the American Forces Network Broadcast Center.

"Somebody had the brains or historical foresight to save this reel," said Pedro Loureiro, archivist at DIMOC.

The television industry used to reuse tapes, Loureiro said. Newer episodes were recorded over the older material without much thought of archiving what is now thought of as part of the "golden age" of television.

"Everything from the 1960s is considered lost," he said. "That's what they did with everybody's show," said Sotzing, CEO of the Carson Entertainment Group, the owners of Carson's archive. Besides being related to the late entertainer, Sotzing worked on the show from 1977 to 1992, working his way up from being a runner to producing the show.

"I'm really looking forward to adding this film to the collection. Almost everything from 1962 to 1973 is gone," Sotzing said.

Mary Carnes, a retired program support manager at the broadcast center, discovered the reel as she was sorting through a box of old items that had been overlooked for years.

"As soon as I saw it, I knew it was a gem," Carnes said. "Giving it back to the family and the Carson archives will be like a birthday or Christmas for them.

"This is one of the great parts of the job here," she continued. We can do the work we do to entertain our troops, and document history at the same time. It's really great."

In all, "The Tonight Show Starring Johnny Carson" highlighted nearly 23,000 stars in 4,351 episodes over a 30-year span. Carson won six Emmy Awards, the Peabody Award, the Presidential Medal of Freedom and Kennedy Center Honors, and is enshrined in the Television Academy Hall of Fame.

"Johnny would make an on-air plea [for lost footage]," Sotzing said. "He would be thrilled to get this. A lot of young people don't know who Johnny Carson is. This helps show them."

The newly discovered footage will be digitally recorded, transcribed and then made available for users of the Carson Entertainment Group's searchable online archives. The physical film will be stored at a former salt mine in Hutchinson, Kan., which currently houses the Carson archives as well as many other Hollywood film archives, Sotzing said.

NEW U.S. GUIDED-MISSILE DESTROYER HONORS NAVY SEAL HERO

FROM:  U.S. NAVY

121001-G-TG089-038 NEW YORK (Oct. 1, 2012) The guided-missile destroyer Pre-Commissioning Unit (PCU) Michael Murphy (DDG 112) makes its way through New York Harbor in preparation for its commissioning Oct. 6. The new destroyer honors the late Lt. (SEAL) Michael P. Murphy, a New York native, who was posthumously awarded the Medal of Honor for his actions in combat as leader of a four-man reconnaissance team in Afghanistan. Murphy was the first person to be awarded the Medal of Honor for actions in Afghanistan, and the first member of the U.S. Navy to receive the award since the Vietnam War. #murph (U.S. Coast Guard photo by Petty Officer 2nd Class Erik Swanson/Released)

NEW YORK (NNS) -- The Navy will commission the newest guided-missile destroyer, Michael Murphy (DDG 112), Oct. 6, during a 10 a.m. EDT ceremony at Pier 88 in Manhattan, N.Y.

The newest destroyer honors Navy SEAL (Sea, Air, Land) Lt. Michael P. Murphy, who was posthumously awarded the Medal of Honor for his heroic actions during Operation Red Wings in Afghanistan June 28, 2005.

Murphy led a four-man team tasked with finding a key Taliban leader in the mountainous terrain near Asadabad, Afghanistan, when they came under fire from a much larger enemy force with superior tactical position.

Mortally wounded while exposing himself to enemy fire, Murphy knowingly left his position of cover to get a clear signal in order to communicate with his headquarters. While being shot at repeatedly, Murphy calmly provided his unit's location and requested immediate support for his element. He returned to his cover position to continue the fight until finally succumbing to wounds.

Secretary of the Navy Ray Mabus will deliver the ceremony's principal address. Maureen Murphy will serve as sponsor of the ship named for her late son. The ceremony will be highlighted by a time-honored Navy tradition when she gives the first order to "man our ship and bring her to life!"

"This ship honors the courage, service and sacrifice of Lt. Michael Murphy, his Red Wings brothers, fellow SEALs, special operators and service members around the world who answer the call of duty every day," said Mabus. "It is absolutely fitting that the USS Michael Murphy bears a SEAL trident on her crest because, much like Michael and every Navy SEAL who has earned the honor of wearing the trident, this ship is designed to counter threats from above and below the surface of the oceans, in the air and on land."

Designated DDG 112, Michael Murphy is the 62nd Arleigh Burke-class destroyer, capable of conducting operations from peacetime presence and crisis management to sea control and power projection. Michael Murphy is capable of fighting air, surface and subsurface battles simultaneously and will contain a myriad of offensive and defensive weapons designed to support maritime warfare.

"USS Michael Murphy, the most flexible, lethal and multi-mission capable ship of its kind, represents the backbone of our surface combatant fleet," said Adm. Jonathan Greenert, chief of naval operations. "It is one of the best destroyers in the world. This ship will operate forward around the globe, assuring allies, projecting power and defending our nation. And, like its namesake Lt. Michael Murphy, this ship will serve to protect, influence and win in an era of uncertainty."

Cmdr. Thomas E. Shultz, a native of El Cajon, Calif., is the commanding officer of the ship and will lead the crew of 279 officers and enlisted personnel. The 9,200-ton Michael Murphy was built by General Dynamics Bath Iron Works. The ship is 509 feet in length, has a waterline beam of 59 feet, and has a navigational draft of 31 feet. Four gas turbine engines will power the ship to speeds in excess of 30 knots.

U.S. STATE DEPARTMENT DAILY PRESS BRIEFING

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TRADING SECURITIES IN THE "DARK POOL"

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C., Oct. 3, 2012 — The Securities and Exchange Commission today charged Boston-based dark pool operator eBX LLC with failing to protect the confidential trading information of its subscribers and failing to disclose to all subscribers that it allowed an outside firm to use their confidential trading information.

According to the SEC’s order instituting a settled administrative proceeding, eBX operates the alternative trading system LeveL ATS, which it calls a "dark pool" trading program. Dark pools do not display quotations to the public, meaning that investors who subscribe to a dark pool have access to potential trade opportunities that other investors using public markets do not. eBX inaccurately informed its subscribers that their flow of orders to buy or sell securities would be kept confidential and not shared outside of LeveL. eBX instead allowed an outside technology firm to use information about LeveL subscribers’ unexecuted orders for its own business purposes. The outside firm’s separate order routing business therefore received an information advantage over other LeveL subscribers because it was able to use its knowledge of their orders to make routing decisions for its own customers’ orders and increase its execution rate. eBX had insufficient safeguards and procedures to protect subscribers’ confidential trading information.

eBX agreed to pay an $800,000 penalty to settle the charges.

"Dark pools are dark for a reason: buyers and sellers expect confidentiality of their trading information," said Robert Khuzami, Director of the SEC’s Division of Enforcement. "Many eBX subscribers didn’t get the benefit of that bargain – they were unaware that another order routing system was given exclusive access to trading information that it used for its own benefit."

According to the SEC’s order, eBX and the outside firm it hired to run LeveL signed a subscription agreement in February 2008, after which the outside firm’s separate order routing business began to use certain LeveL subscribers’ confidential trading data. In November 2008, eBX signed a new agreement with the outside firm that allowed its order routing business to remember and use all LeveL subscribers’ unexecuted order information. As a result of the agreements, the outside firm’s order routing business began to fill far more of its orders than other LeveL users did. Its order router also knew how other eBX subscribers’ orders in LeveL were priced and could use that information to determine whether to route orders to LeveL or another venue based on where it knew it might get a better price for its own customers’ orders.

According to the SEC’s order, eBX failed to disclose in required SEC filings that it allowed LeveL subscribers’ unexecuted order information to be shared outside of LeveL.

In addition to the $800,000 penalty, eBX was censured and ordered to cease and desist from committing or causing further violations of certain provisions of the federal securities laws regulating alternative trading systems.

The SEC’s investigation was conducted by Mark Gera, James Goldman, Kathleen Shields, and Dawn Edick in the SEC’s Boston Regional Office. Mr. Gera led the related examination with assistance from Paul D’Amico and Rhonda Wilson under the supervision of Associate Regional Director Lucile Corkery.

SEC SHARES TIPS ON SELECTING A FINANCIAL PROFESSIONAL

Credit:  U.S. Marshals Service 

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Investor Bulletin: Top Tips for Selecting a Financial Professional

Choosing a financial professional-whether a stockbroker, a financial planner, or an investment adviser-is an important decision. Consider the tips below as you make your choice. Also the third page of this document has a list of questions you can ask a financial professional whose services you are considering.

Tip 1. Do your homework and ask questions.

A lot of the information you’ll need to make a choice will be in the documents the financial professional can provide you about opening an account or starting a relationship. You should read them carefully. If you don’t understand something, ask questions until you do. It’s your money and you should feel comfortable asking about it.

Tip 2. Find out whether the products and services available are right for you.

Financial professionals offer a range of financial and investment services such as:
Financial planning
Ongoing money management
Advice on choosing securities
Tax and retirement planning
Insurance advice
Just like a grocery store offers more products than a convenience store, some financial professionals offer a wide range of products or services, while others offer a more limited selection. Think about what you might need, and ask about what would be available to you. For example, do you want or need:

Access to a broad range of securities, such as stocks, options and bonds, or will you mostly want a few types such as mutual funds, exchange traded funds, or insurance products?
A one-time review or financial plan?
To do your own research, but use the financial professional to make your trades or to provide a second opinion occasionally?
A recommendation each time you think about changing or making an investment?
Ongoing investment management, with the financial professional getting your permission before any purchase or sale is made?
Ongoing investment management, where the financial professional decides what purchases or sales are made, and you are told about it afterwards?
Tip 3. Understand how you’ll pay for services and products, and how your financial professional gets paid as well.

Many firms offer more than one type of account. You may be able to pay for services differently depending on the type of account you choose. For example, you might pay:
An hourly fee for advisory services;
A flat fee, such as $500 per year, for an annual portfolio review or $2,000 for a financial plan;
A commission on the securities bought or sold, such as $12 per trade;
A fee (sometimes called a "load") based on the amount you invest in a mutual fund or variable annuity
A "mark-up" when you buy "house" products (such as bonds that the broker holds in inventory), or a "mark-down" when you sell them
Depending on what services you want, one type of account may cost you less than another. Ask about what alternatives make sense for you.
And remember: even if you don’t pay the financial professional directly, such as through an annual fee, that person is still getting paid. For example, someone else may be paying the financial professional for selling specific products. However, those payments may be built into the costs you ultimately pay, such as the expenses associated with buying or holding a financial product.

While some of these fees may seem small, it is important to keep in mind that they can add up, and in the end take away from the profits you otherwise could be making from your investments.

Tip 4. Ask about the financial professional’s experience and credentials.

Financial professionals hold different licenses. For example, financial professionals who are broker-dealers must take an exam to hold a license, while state regulators often require investment advisers to hold certain licenses. Financial professionals also have a wide range of educational and professional backgrounds. They may also have certain designations after their names, which are titles given by industry groups that themselves are not regulated or subject to standards other than their own. If a financial professional has an industry designation, like "CFA," you can look up what it stands for at the "Understanding Investment Professional Designations" page on FINRA’s website at www.finra.org. Don’t accept a professional designation as a badge of knowledge without knowing what it means.

Tip 5. Ask the financial professional if he or she has had a disciplinary history with a government regulator or had customer complaints.
Even if a close friend or relative has recommended a financial professional, you should check the person’s background for signs of any potential problems, such as a disciplinary history by a regulator or customer complaints. The SEC, FINRA, and state securities regulators keep records on the disciplinary history of many of the financial professionals they regulate.
Check the background of your financial professional to learn more or to help confirm what he or she has told you:
For financial professionals who are brokers: you can find background information on the person and his/her firm at FINRA’s BrokerCheck website.
For financial professionals who are investment advisers registered with the SEC: you can find background information on the person and his/her firm at the SEC’s Investment Adviser Public Disclosure database.
State securities regulators also have background information on brokers as well as certain investment advisers. You can find your state regulator at www.nasaa.org.

Investor Checklist
Some Key Questions for Hiring a Financial Professional

Expectations of the RelationshipHow often should I expect to hear from you?
How often will you review my account or make recommendations to me?
If my investments aren’t doing well, will you call me and recommend something else?
If I invest with you, how can I keep track of how well my investments are doing?
Experience and BackgroundWhat experience do you have, especially with people like me? What percentage of your time would you estimate that you spend on people with situations and goals that are similar to mine?
What education have you had that relates to your work?
What professional licenses do you hold?
Are you registered with the SEC, a state securities regulator, or FINRA?
How long have you done this type of work?
Have you ever been disciplined by a regulator? If yes, what was the problem and how was it resolved?
Have you had customer complaints? If yes, how many, what were they about, and how were they resolved?
ProductsWhat type of products do you offer?
How many different products do you offer?
Do you offer "house" products? If so, what types of products are they, and do you receive any incentives for selling these products, or for maintaining them in a customer’s account? What kind of incentives are they?
Payments and FeesGiven my situation and what I’m looking for, what is the [best / most cost effective] way for me to pay for financial services? Why?
What are the fees that I will pay for products and services?
How and when will I see the fees I pay?
Which of those fees will I pay directly (such as a commission on a stock trade) and which are taken directly from the products I own (such as some mutual fund expenses)
How do you get paid?
If I invested $1000 with you today, approximately how much would you get paid during the following year, based on my investment?
Does someone else (such as a fund company) pay you for offering or selling these products or services?

U.S. HIGH SCHOOL STUDENT DRINKING AND DRIVING HAS DECREASED SINCE 1991

Credit:  Wikimedia.

FROM: CENTERS FOR DISEASE CONTROL
The percentage of teens in high school who drink and drive has decreased by more than half since 1991,* but more can be done. Nearly one million high school teens drank alcohol and got behind the wheel in 2011. Teen drivers are 3 times more likely than more experienced drivers to be in a fatal crash. Drinking any alcohol greatly increases this risk for teens.

Research has shown that factors that help to keep teens safe include parental involvement, minimum legal drinking age and zero tolerance laws, and graduated driver licensing systems. These proven steps can protect the lives of more young drivers and everyone who shares the road with them.

*High school students aged 16 years and older who, when surveyed, said they had driven a vehicle one or more times during the past 30 days when they had been drinking alcohol.

Drinking and driving can be deadly, especially for teens
Fewer teens are drinking and driving, but this risky behavior is still a major threat.
Drinking and driving among teens in high school has gone down by 54% since 1991. Still, high school teens drive after drinking about 2.4 million times a month.
85% of teens in high school who report drinking and driving in the past month also say they binge drank. In the survey, binge drinking was defined as having 5 or more alcoholic drinks within a couple of hours.
1 in 5 teen drivers involved in fatal crashes had some alcohol in their system in 2010. Most of these drivers (81%) had BACs* higher than the legal limit for adults.
*Blood alcohol concentration. It is illegal for adults to drive with a BAC of .08% or higher. It is illegal for anyone under age 21 to drive after drinking any alcohol in all US states.

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