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AIR FORCE HERO RETURNS HOME FROM VIETNAM

An air commando who died when his C-123 Provider flare ship was shot down over Ahn Khe, Vietnam, was laid to rest at Fort Sam Houston National Cemetery, Texas, Oct. 26, 2012. The 310th Air Commando Squadron loadmaster, Airman 1st Class Jerry Mack Wall, 24, was killed when his plane was hit by enemy fire and crashed into the central highlands, May 18, 1966. Until recently Wall was listed as Missing in Action. U.S. Air Force photo-Steven Elliott

FROM: U.S. AIR FORCE
Missing for 46 years, Air Commando laid to rest

by Capt. Kristen D. Duncan
Air Force Special Operations Command Public Affairs

10/26/2012 - HURLBURT FIELD, Fla. -- An Air Commando who died when his C-123 flare ship was shot down over Ahn Khe, Vietnam, was laid to rest Friday at Fort Sam Houston National Cemetery, Texas.

The 310th Air Commando Squadron loadmaster, Airman 1st Class Jerry Mack Wall, 24, was killed when his plane was hit by enemy fire and crashed into the central highlands, May 18, 1966. Until recently Wall, who was one of five crew members, was listed as Missing in Action.

In an intense recovery operation, three of the other airmen's remains were recovered shortly after the crash by soldiers of the 7th Cavalry Regiment. The flight engineer, Bill Moore, remains missing.

"I thought there was a possibility Jerry and Bill were still alive," said retired Senior Master Sgt. Gary Thomas, a volunteer with Wall's unit. "That situation stuck with me for my whole life."

That situation involved a small, tight-knit group of aircrew volunteers from various backgrounds. Thomas, a first sergeant with the 14th Munitions and Maintenance Squadron, spent a few months with Wall. Wall trained Thomas and several others as "flare kickers" loading the 200 or so, 27 lb. flares.

"Jerry was so cool and calm, he was one heck of a guy," Thomas said. "He had already been into battle and was highly trained. When I first trained with him, it really shocked me to go into battle, and when he started going over how those flares could blow up and kill us... There's a lot of heroism in the 310th Air Commandos."

The night of the fateful crash, Thomas was scheduled to fly, but was sidelined due to an ear infection. The lead scheduler, Master Sgt. Raymond C. Jajtner took his place.

Thomas said everyone knew the danger of flying those missions, loaded with highly flammable magnesium flares. Wall's flight was hit with a 40mm round according to witness statements.

"When you're in combat and when you make friends, even if it's for a very short time, it's a real brotherhood," Thomas said. "It never goes away."

Air Commandos provided combat air patrol and airlift to the soldiers, delivering ammo, food, supplies and troops. They also flew out wounded and killed in action GI's, as well as prisoners, but one of the most harrowing jobs was the "candlestick" mission. During those missions, loadmasters and flare kickers would load, unload and drop hundreds of flares from the skies over southern Vietnam, illuminating the enemy.


"It was a firefight, the Vietcong loved to attack," he said. "We had B-52s dropping bombs right outside our wings, ground artillery coming up, everybody is unloading. It got to be like the 4th of July, but of course you were scared."

According to the Defense Prisoner of War and Missing Personnel Office, since 1973, the remains of more than 900 Americans killed in the Vietnam War have been identified and returned to their families for burial with full military honors.

Joint POW/MIA Accounting Command conducted an investigation mission in June 2007 and identified a site that was recommended for recovery. In March 2011 and March 2012 JPAC conducted recovery operations at the site and recovered human remains and material evidence at the site, according to the press release.

For more than a decade the United States has conducted joint field activities with the governments of Vietnam, Laos, and Cambodia to recover the remains of missing Americans, according to their website. Throughout those countries, teams continue to investigate crash and burial sites, as well as interview locals to gain additional knowledge. Today, more than 1,600 Americans remain unaccounted for from the conflict.

""I'm so very proud of my nation that persevered for so long in searching for my father's remains," said Lea Ann Wall McCann. "It's been a long journey home."

Thomas and several of Wall's family members greeted the flag draped casket when it arrived to San Antonio Wednesday, aboard American Airlines Flight 497. Passengers on the plane watched from their windows as the fire department honored the flight with a water cannon salute and as the Joint Base San Antonio-Lackland Honor Guard carried Wall's remains to an awaiting hearse.

"Everyone involved in making this happen has been wonderful to our family, from the sergeant who escorted his body to San Antonio, to the VA and the VFW, to the color guard," Wall said.


　

DESTROYING CONVENTIONAL WEAPONS AND SECURITY IN THE BALKINS

Photo:  Weapons Readied For Destruction With C4 Explosives.  Credit:  U.S. Army. 
FROM: U.S. DEPARTMENT OF DEFENSE

U.S. Conventional Weapons Destruction Programs Promote Security in the Balkans

Fact Sheet
Office of the Spokesperson
Washington, DC
October 30, 2012

The U.S. Department of State invested $12.6 million of Fiscal Year 2012 funds in support for Conventional Weapons Destruction programs in South East Europe to help promote that region’s peace and security by reducing its Cold War-era stocks of excess arms and deteriorating munitions. The funds will also help to save lives and protect communities by safely clearing landmines and unexploded ordnance left behind from the conflicts in the Balkans region during the 1990s.

ITF Enhancing Human Security, a non-governmental organization that has been the main implementing partner in the Balkans for the Office of Weapons Removal and Abatement in the Bureau of Political-Military Affairs, received almost $10.4 million to clear landmines and unexploded ordnance in Bosnia and Herzegovina, Croatia, and Serbia; provide technical training to Kosovo’s Mine Action Center; oversee separate stockpile destruction projects in Albania, Bosnia, Croatia, and Montenegro; and provide administrative support to the Regional Approach to Stockpile Reduction (RASR) initiative. This funding has also enabled the successful completion of clearance of unexploded ordnance following the accidental explosion at the Chelopechene munitions depot in Bulgaria, and supports ongoing clearance of unexploded ordnance at a munitions depot that blew up in Gerdec, Albania in 2008.

The NATO Support Agency received $2 million dollars in support of continued technical oversight and capital upgrades to the ULP Mjekes plant in Albania where tons of the country’s excess and unstable munitions dating to the Cold War are being safely demilitarized.

Sterling International received $160,000 to procure and deliver three 4x4-capable Ford Ranger pickup trucks to Kosovo’s Mine Action Center, allowing its personnel to reach remote minefields and battle area clearance sites to perform quality assurance and certification.

The Department of State also contributed $100,000 to support "Dolphin 2012," a U.S. Navy Marine Mammal deployment to Montenegro that trained Montenegrin, Croatian, and Slovenian divers to safely locate, clear, and survey underwater unexploded ordnance in the Bay of Kotor.

The United States is the world’s single largest financial supporter of Conventional Weapons Destruction. Since 1993, the Department of State has partnered with the Department of Defense, USAID’s Leahy War Victims Fund, and the Centers for Disease Control and Prevention to promote peace and security by delivering more than $2 billion in such assistance in more than 90 countries

　

　

INSURANCE EXECUTIVE CHARGED WITH INSIDER TRADING

Photo:  NYSE.  Credit:  Wikimedia Commons

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

SEC Charges Denver-Based Insurance Executive With Insider Trading
On October 26, 2012, the Securities and Exchange Commission charged an insurance company CEO with insider trading based on confidential information he obtained in advance of a private investment firm acquiring a significant stake in a Denver-based oil and gas company.

The SEC alleges that Michael Van Gilder learned from a Delta Petroleum Corporation insider that Beverly Hills-based Tracinda – which has previously owned large portions of companies such as MGM Resorts International, General Motors, and Ford Motor Company – was planning to acquire a 35 percent stake in Delta Petroleum for $684 million. Van Gilder subsequently purchased Delta Petroleum stock and highly speculative options contracts. He tipped several others, encouraging them to do the same, including a pair of relatives via an e-mail with the subject line "Xmas present." After Tracinda's investment was publicly announced, Delta Petroleum's stock price shot up by almost 20 percent. Van Gilder and his tippees made more than $161,000 in illegal trading profits.

The U.S. Attorney's Office for the District of Colorado today announced a parallel criminal action against Van Gilder.

According to the SEC's complaint filed in federal court in Denver, Van Gilder is the CEO of Van Gilder Insurance Company. He obtained the confidential information about Tracinda's proposed investment and loaded up on Delta Petroleum stock and options in November and December 2007. He then tipped his broker, a co-worker, and relatives.

The SEC alleges that a mere two minutes after speaking to his source at Delta Petroleum on December 22, Van Gilder e-mailed two relatives with the "Xmas present" subject line and stated, "my present (just kidding) is that I can't stress enough the opportunity right now to buy Delta Petroleum." That same day, Van Gilder contacted his broker and arranged to purchase more Delta stock and options for himself. Following the public announcement, Van Gilder reaped approximately $109,000 in illegal profits and his broker, co-worker, and a relative made approximately $52,000.

The SEC's complaint charges Van Gilder with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, and seeks a final judgment ordering him to disgorge his and his tippees' ill-gotten gains and pay prejudgment interest and a financial penalty, and permanently enjoining him from future violations of these provisions of the federal securities laws.

RECENT U.S. NAVY PHOTOS

 

FROM: U.S. NAVY
Navy Diver 2nd Class Matthew Cortez, assigned to Mobile Diving and Salvage Unit (MDSU) 1, Company 1-5, places the assessment and identification of a mine susceptibility system during dive operations. MDSU 1 is assigned to Commander, Task Group (CTG) 56.1 and provides mine countermeasure, explosive ordnance disposal, salvage diving, counter terrorism, and force protection for the U.S. 5th Fleet area of responsibility. The U.S. Navy is constantly deployed to preserve peace, protect commerce, and deter aggression through forward presence. Join the conversation on social media using #warfighting. U.S. Navy photo by Mass Communication Specialist 3rd Class Jumar T. Balacy (Released) 121023-N-GG400-005

A Sailor aboard the Military Sealift Command fleet replenishment oiler USNS Laramie (T-AO 203) attaches a pennant to an MH-60S Sea Hawk helicopter during a replenishment-at-sea with the multipurpose amphibious assault ship USS Iwo Jima (LHD 7). Iwo Jima is the flagship of the Iwo Jima Amphibious Ready Group with the embarked 24th Marine Expeditionary Unit and is currently deployed in support of maritime security operations and theater security cooperation efforts in the U.S. 5th Fleet area of responsibility. The U.S. Navy is constantly deployed to preserve peace, protect commerce, and deter aggression through forward presence. Join the conversation on social media using #warfighting. U.S. Navy photo by Mass Communication Specialist Seaman Cyrus Roson (Released) 121027-N-YO707-117

U.S. AGENCIES ISSUE STATEMENT REGARDING FINANCIAL INSTITUTIONS AND BORROWERS AFFECED BY HURRICANE SANDY

Photo Business During Hurricane.  Credit:  U.S. Navy.

FROM U.S. FEDERAL DEPOSIT INSURACE CORPORATION

Agencies Issue Statement on Supervisory Practices Regarding Financial Institutions and Borrowers Affected by Hurricane Sandy

WASHINGTON—The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (the agencies) recognize the serious impact of Hurricane Sandy on the customers and operations of many financial institutions and will provide regulatory assistance to affected institutions subject to their supervision. The agencies encourage institutions in the affected areas to meet the financial services needs of their communities.
A complete list of the affected disaster areas can be found at www.fema.gov.

Lending: Bankers should work constructively with borrowers in communities affected by Hurricane Sandy. The agencies realize that the effects of natural disasters on local businesses and individuals are often transitory, and prudent efforts to adjust or alter terms on existing loans in affected areas should not be subject to examiner criticism. In supervising institutions affected by the hurricane, the agencies will consider the unusual circumstances they face. The agencies recognize that efforts to work with borrowers in communities under stress can be consistent with safe-and-sound banking practices as well as in the public interest.

Community Reinvestment Act (CRA): Financial institutions may receive CRA consideration for community development loans, investments, or services that revitalize or stabilize federally designated disaster areas in their assessment areas or in the states or regions that include their assessment areas. For additional information, institutions should review the Interagency Questions and Answers Regarding Community Reinvestment at http://www.ffiec.gov/cra/pdf/2010-4903.pdf.

Investments: Bankers should monitor municipal securities and loans affected by the hurricane. The agencies realize local government projects may be negatively affected. Appropriate monitoring and prudent efforts to stabilize such investments are encouraged.

Reporting Requirements: Institutions affected by Hurricane Sandy that expect to encounter difficulty submitting accurate and timely regulatory report data for the September 30, 2012, report date should contact their primary federal regulatory agency to discuss their situation. These regulatory reports include the Consolidated Reports of Condition and Income (Call Report) and holding company Y reports. The agencies do not expect to assess penalties or take other supervisory action against institutions that take reasonable and prudent steps to comply with regulatory reporting requirements if those institutions are unable to fully satisfy those requirements by the specified filing deadlines because of the effects of Hurricane Sandy. The agencies' staffs stand ready to work with affected institutions that may be experiencing problems fulfilling their reporting responsibilities, taking into account each institution's particular circumstances, including the status of its reporting and recordkeeping systems and the condition of its underlying financial records.

Publishing Requirements: The agencies understand that the damage caused by the hurricane may affect compliance with publishing and other requirements for branch closings, relocations, and temporary facilities under various laws and regulations. Institutions experiencing disaster-related difficulties in complying with any publishing or other requirements should contact their primary federal regulatory agency.

Temporary Banking Facilities: The agencies understand that many banks face power, telecommunications, staffing and other challenges in re-opening facilities after the hurricane. In cases where operational challenges persist, the appropriate primary federal regulator will expedite any request to operate temporary banking facilities to provide more convenient availability of services to those affected by the hurricane. In most cases, a telephone notice to the primary federal regulator will suffice initially. Necessary written notification can be submitted later.

NEWS FROM AFGHANISTAN FOR OCTOBER 30, 2012

Afghanistan Patrol  Credit:  U.S. Army

FROM: U.S. DEPARTMENT OF DEFENSE,

Combined Force Arrests Taliban Leader

From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, Oct. 30, 2012 - An Afghan and coalition security force arrested a Taliban leader in Afghanistan's Helmand province today, military officials reported.

The arrested insurgent leader is believed to be involved in providing tactical guidance to Taliban senior leaders while facilitating the movement of improvised explosive device components to other insurgents.

The security force also detained a number of suspected insurgents as a result of the operation.

In other operations today:

-- A combined force arrested a Taliban weapons and IED facilitator in Kandahar province. The arrested facilitator is suspected of smuggling weapons throughout Kandahar province and acquiring homemade explosives and other IED-making materials for use in attacks against Afghan and coalition forces.

-- A combined force detained a number of insurgents during a search for a Haqqani leader in Logar province. The sought-after Haqqani leader is believed responsible for coordinating and executing IED and small-arms fire attacks targeting Afghan and coalition forces throughout northern Logar province.

And during an Oct. 29 operation, a combined force arrested a Taliban leader in Kandahar province. The arrested insurgent leader is believed to have assisted in inspecting and relocating IEDs within western Kandahar province.

U.S. SECRETARY OF STATE CLINTON MAKES REMARKS TO EMBASSY STAFF IN ALGIERS

Map From: CIA World Factbook. 
Remarks at the Meeting With Staff and Families of Embassy Algiers

Remarks
Hillary Rodham Clinton
Secretary of State
Embassy Algiers
Algiers, Algeria
October 29, 2012

AMBASSADOR ENSHER: Good afternoon. Thanks very much, and we are just so honored again to have the Secretary of State Hillary Rodham Clinton with us again, the second time in a year. It’s only a very small number of countries who have the privilege of hosting the Secretary twice in a year, and it’s a reflection on all of you that she chose to come back here again, and because you’ve done such a splendid job and we’ve made a lot of progress.

I’m going to take one more second to say something that I hope will not embarrass you unduly, ma’am, but I’ve been in this business for 30 years. It’s more than half my life. And I can tell you that this is the best Secretary of State I’ve ever worked for or hope to work for – thought about that a lot – stands as a peer with the great predecessors of the past, including at least one who has gone on to higher office; I can say that. But it’s a privilege and a historical moment to have the Secretary of State with us here today. Thank you, ma’am. (Applause.)

FROM: U.S. STATE DEPARTMENTAlgiers rooftop view of the Mediterranean. From: CIA World Factbook

SECRETARY CLINTON:
Thank you. Well, I have to say it is wonderful to be back here, and it is because of this relationship and how critically important it is, and because of you, starting with the Ambassador who has worked so hard, and all of you, every single one of you, because it’s clear to me that we are building a stronger and deeper relationship.

I seem to have a habit of visiting at busy times, and the last time I was here you had just weathered a blizzard. I had to rush out of Washington before the hurricane came, so we were both struggling with weather. And later this week, you will have the privilege to help celebrate the 58th anniversary of Algeria’s independence movement, an anniversary that reminds us of how important freedom is and how significant the progress that Algeria has made as a nation, and the extraordinary aspirations and hard work of the Algerian people to achieve that.

I understand from the Ambassador that, next week, you’ll be hosting an election-watching party for people as we have our presidential elections. And I know, too, that it’s not just what you do here in Algiers; it’s what you do across the country. In fact, I think that you’ve been personally to all 48 provinces.

AMBASSADOR ENSHER: Working on it.

SECRETARY CLINTON: Working on it, good. And I think that none of us goes alone. We all go because of the support that we receive from such a great team.

I’d like to also thank you for the work that went into the first-ever U.S.-Algeria Strategic Dialogue in Washington last week. The Algerians were extremely happy, all of the officials that we met with, and we were extremely happy. We thought it was an important exchange of views on a range of issues, and it’s impressive how much you’ve done to help advance our bilateral relationship in such a short period of time.

I think that there is no limit to what this relationship can become, and it’s one that we particularly value. Just over lunch now with the President and others, we were talking about how our relationship actually goes back to 1795. There have been some differences along the road, but that is a long time back, at the very beginning of our nation, when the then-leadership and people of Algeria recognized us and we reciprocated.

I also want to recognize our Algerian staff. Will all of our Algerian staff please raise your hands so we can give you a round of applause that is very, very (inaudible) deserved? (Applause.) Because I have to confess, that despite the very nice comments by the Ambassador, secretaries of State come and go, and ambassadors come and go, and DCMs and political officers and economic officers and consular affairs – really, it’s our locally employed staff, our Foreign Service Nationals, who form the heart of any mission anywhere, and that is particularly true here. You are the memory banks, the nerve center, of what we do year after year.

You also know that diplomacy is inherently risky in today’s world. There are so many – unfortunately, so many people and organizations and forces that don’t want people to learn to understand each other better, who don’t want people to live peacefully together, who just don’t understand that we’re all here doing the best we can, and we need to help each other. And I think that what you do in diplomacy and outreach sends that message every single day.

So I thank you all. And to the Americans who are here, I thank you and I thank your families. Being posted far from home, whether you are civilian or military, whether you are Foreign Service or Civil Service, whatever agency or department you represent, I am extremely proud of you and very grateful. And what I’d like to do now is, starting down there, shake as many of your hands as I possibly can to express my appreciation personally.

And you also have an RSO who I know very well. (Laughter.) Nicole was one of my (inaudible) Diplomatic Security people. (Applause.) I was very sorry to lose her to Algeria. She was very happy to go. (Laughter.) She had been looking forward to it, and I’m delighted to see her here. Thank you.

Thank you all very much. (Applause.)

CNO's Position Report: 2012

CNO's Position Report: 2012

FORMER EMPLOYEE OF ARMY CONTRACTOR PLEADS GUILTY TO BRIBERY

Photo Credit:  U.S. Air Force

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, October 24, 2012

Former Employee of Army Contractor Pleads Guilty to Bribery for Facilitating Theft by Trucking Contractor in Afghanistan
WASHINGTON – A Houston woman pleaded guilty today to bribery charges for her role in a scheme to fraudulently bill the U.S. Army for trucking services in Afghanistan, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.

Diyana Montes, 29, pleaded guilty before U.S. District Judge James E. Boasberg in the District of Columbia to one count of bribery.

According to court documents, from approximately April 2008 through December 2008, Montes was an employee of Kellogg, Brown and Root (KBR), a private contractor with operations in Afghanistan. Montes worked at Bagram Airfield, Afghanistan, where KBR held a contract with the United States.

KBR’s contract involved providing services to the Army’s Movement Control Branch (MCB). The MCB’s mission was to contract with local Afghan trucking companies to transport U.S. military equipment, fuel and other supplies throughout Afghanistan. As part of this mission, the MCB coordinated requests from various U.S. military units for trucking services and assigned those requests to particular contractors. Each trucking request generated various specific documents, including "transportation movement requests" (TMR), which authorized the use of trucks.

According to court documents, Montes’s duties included receiving TMRs from various contractors and reconciling any discrepancies between the amount of services described in the TMRs and the amount of services the contractors claimed in their invoices. Once Montes reviewed the documents and determined they were accurate, she would pass them on to other contracting personnel, who would rely on her review in approving payments to the trucking company.

On numerous occasions, according to court documents, Montes received and reviewed TMRs and invoices for services allegedly provided by Afghanistan Trade Transportation (ATT), a trucking company contracted by the U.S. Army, that fraudulently represented that ATT provided services that Montes knew were not in fact performed. According to Montes’s plea agreement, she knew the invoices from ATT contained service claims that were not accurate, and she passed them along for payment with the knowledge that the billings were fraudulent.

According to her plea agreement, from approximately May 2008 through December 2008, in return for her knowingly handling the fraudulent TMRs and invoices, Montes received from ATT approximately $50,000, consisting of $35,000 wired to her personal bank account in the United States and another $15,000 in cash paid to her on several occasions in Afghanistan.

This case is being prosecuted by Special Trial Attorney Mark H. Dubester of the Criminal Division’s Fraud Section and former Fraud Section Trial Attorney Mark Pletcher, currently of the U.S. Attorney’s Office for the Southern District of California. The case was investigated by the Special Inspector General for Afghanistan Reconstruction, the Defense Criminal Investigative Service, the U.S. Army Criminal Investigation Division and the FBI.

ALLEGED COUNTERFEIT AUTOMOTIVE ACCESSORIES DEALER INDICTED

Photo Credit:  U.S. Marshals Service

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, October 26, 2012

Alleged Trafficker of Counterfeit Automotive Accessories Indicted in Virginia
WASHINGTON – An alleged trafficker of counterfeit automotive accessories was indicted yesterday by a federal grand jury in the Eastern District of Virginia for allegedly participating in a conspiracy to sell to unsuspecting U.S. consumers more than $3 million worth of counterfeit General Motors (GM) and Bavarian Motor Works (BMW) automotive diagnostic devices and other automotive equipment, Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride, Assistant Director Ronald T. Hosko of the FBI’s Criminal Investigative Division and FBI Atlanta Special Agent In Charge Mark Guiliano announced today.

Katiran Lee, 39, an Indonesian national who allegedly sold the counterfeit goods while he was living in Duluth, Ga., was charged with two counts of trafficking in counterfeit goods, four counts of wire fraud and one count of conspiracy to commit wire fraud.

According to the indictment, from August 2008 through December 2011, Lee conspired with manufacturers in the People’s Republic of China (PRC) to sell automotive diagnostic devices bearing counterfeit GM and BMW marks to consumers in the United States. Such diagnostic devices are used by mechanics to identify problems with and assure the safety of motor vehicles employing electronic control systems. Lee allegedly advertised and sold the diagnostic devices on eBay and through his own website, and had the PRC manufacturers send counterfeit devices bearing unauthorized GM and BMW marks directly to his customers.

According to the indictment, during this same period, Lee also advertised and sold over 35,000 counterfeit programmed keys and key fobs for vehicles produced by GM, BMW and numerous other automotive manufacturers, including Chrysler, Honda, Toyota, Audi, Mercedes Benz, Ford, Infiniti, Land Rover, Mazda, Mitsubishi, Nissan, Peugeot, Renault, Subaru, Suzuki, and Volkswagen. Lee allegedly programmed the keys himself and affixed counterfeit marks to deceive consumers into believing that the products came from the respective automotive manufacturers.

In the indictment, the government is seeking forfeiture of computers, programming equipment and thousands of blank keys and trademarked automotive emblems recovered during a search of Lee’s home on Feb. 22, 2012, and the forfeiture of properties totaling up to $600,000.

The case is being prosecuted by Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and was investigated by the FBI’s Intellectual Property Rights Unit as part of "Operation Engine Newity," an international initiative targeting the production and distribution of counterfeit automotive products that impact the safety of the consumer, and FBI Atlanta.

The FBI is a full partner at the National Intellectual Property Rights Coordination Center (IPR Center). The IPR Center is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. The IPR Center uses the expertise of its 19 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property (IP) theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the war fighters. To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov.

ASSISTED LIVING FACILITY OWNERS PLEAD GUILTY FOR ROLES IN $63 MILLION HEALTH CARE FRAUD SCHEME

FROM:  U.S. DEPARTMENT OF JUSTICE
Friday, October 26, 2012
Miami Area Assisted Living Facility Owners Plead Guilty for Roles in $63 Million Fraud Scheme

WASHINGTON – Two owners of Miami area assisted living facilities (ALF) pleaded guilty today in connection with a health care fraud scheme involving defunct Miami area health provider Health Care Solutions Network Inc. (HCSN), 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; Michael B. Steinbach, Acting Special Agent-in-Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office.

Raymond Rivero, 55, of Homestead, Fla., and Ivon Perez, 50, of Miami, each pleaded guilty before U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida to one count of conspiracy to solicit and receive cash kickbacks. Rivero, who was the owner of Miami-based God Is First ALF, and Perez, who was the owner of Kayleen and Denis Care Corp, admitted to participating in a fraud scheme that was orchestrated by the owners and operators of HCSN, which operated purported partial hospitalization programs (PHPs), a form of intensive mental health treatment for severe mental illness.

Earlier this week, the owner of another ALF in the Miami area that was involved in the HCSN fraud scheme pleaded guilty for his role in the scheme. On Oct. 22, 2012, Daniel Martinez, 45, of Homestead, the owner of Mi Renacer ALF, pleaded guilty before Judge Altonaga to one count of soliciting and receiving cash kickbacks.

According to an indictment unsealed on May 2, 2012, HCSN obtained Medicare beneficiaries to attend HCSN for purported PHP treatment that was unnecessary and, in many instances, not provided. HCSN obtained those beneficiaries by paying kickbacks to owners and operators of ALFs or by otherwise recruiting them from ALFs and nursing homes. Rivero, Martinez and Perez pleaded guilty to referring Medicare and/or Florida Medicaid beneficiaries to HCSN in exchange for cash bribes.

According to court documents, ALF residents referred by Rivero, Martinez and Perez were not qualified to be placed in HCSN’s PHP and were only selected because they had Medicare or state of Florida Medicaid benefits. In some cases, ALF patients suffered from dementia, Alzheimer’s disease or mental retardation or were otherwise unable to benefit from the purported mental health services.

According to court documents, from 2004 through 2011, HCSN billed Medicare and Medicaid approximately $63 million for purported mental health services.

Perez also pleaded guilty before Judge Altonaga in another criminal case to a second count of conspiracy in connection with accepting kickbacks from Superstar Home Health Care Inc. for purported home health services to her ALF residents.

In another related case, a former HCSN employee, Sarah Da Silva Keller, 28, was sentenced by U.S. District Judge Marcia G. Cooke in the Southern District of Florida to a 24 month prison term and ordered to pay $1,067,300 in restitution to the Medicare program. In June 2012, Keller pleaded guilty to an information charging one count of conspiracy to commit health care fraud.

According to court documents, Keller falsified patient attendance and medical records for Medicare beneficiaries who attended HCSN for mental health treatment. The falsified records were then utilized to submit fraudulent billing to the Medicare program. According to Keller’s plea agreement, Keller’s participation in the fraud resulted in more than $2.4 million in fraudulent billing to the Medicare program.

The cases are being prosecuted by Special Trial Attorney William Parente and Trial Attorney Allan J. Medina of the Criminal Division’s Fraud Section. The Superstar Home Health case is being prosecuted by Assistant U.S. Attorney Eric Morales of U.S. Attorney’s Office for the Southern District of Florida. These cases were investigated by the FBI and HHS-OIG and were 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.

It can be tough

It can be tough

ESSW9 : la « météo de l’espace » au cœur de l’Europe

ESSW9 : la « météo de l’espace » au cœur de l’Europe

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
121024-N-NJ145-024 GULF OF THAILAND (Oct. 24, 2012) The Royal Cambodian Navy patrol crafts PC 1141 and PC 1142 underway during the at-sea phase of Cooperation Afloat Readiness and Training (CARAT) Cambodia 2012. CARAT is a series of bilateral military exercises between the U.S. Navy and the armed forces of Bangladesh, Brunei, Cambodia, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Timor Leste. (U.S. Navy photo by Mass Communications Specialist 1st Class Robert Clowney/Released)

121025-N-NJ145-014 GULF OF THAILAND (Oct. 25, 2012) Members of the visit, board, search and seizure team from the guided-missile frigate USS Vandergrift (FFG 48) search Royal Cambodian Navy patrol craft PC 1142 during Cooperation Afloat Readiness and Training (CARAT) Cambodia 2012. CARAT is a series of bilateral military exercises between the U.S. Navy and the armed forces of Bangladesh, Brunei, Cambodia, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Timor Leste. The U.S. Navy is reliable, flexible, and ready to respond worldwide on, above, and below the sea. Join the conversation on social media using #warfighting. (U.S. Navy photo by Mass Communications Specialist 1st Class Robert Clowney/Released)

TWO CONVICTED IN DETROIT AREA $14.5 MILLION MEDICARE FRAUD SCHEME

Photo Credit: U.S. Marshals Service

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, October 26, 2012

Detroit Area Physician, Home Health Agency Owner and Patient Recruiter Convicted in $14.5 Million Medicare Fraud Scheme
WASHINGTON – A federal jury in Detroit today convicted a physician, a home health agency owner and a patient recruiter for their participation in a $14.5 million Medicare fraud scheme, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan; Robert Foley III, Special Agent in Charge of the FBI Detroit Field Office; and Special Agent in Charge Lamont Pugh, III of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Detroit Office.

Dr. Pramod Raval, 59, was found guilty in U.S. District Court for the Eastern District of Michigan of one count of conspiracy to commit health care fraud and one count of conspiracy to solicit or receive health care kickbacks in exchange for referring patients to two Detroit area home health care companies, Patient Choice Home Healthcare Inc. and All American Home Care Inc.

Chiradeep Gupta, 38, a physical therapist and part-owner of All American, was found guilty of one count of conspiracy to commit health care fraud, one count of conspiracy to commit money laundering and three substantive counts of money laundering.

Richard Shannon, 39, a patient recruiter, was found guilty of one count of conspiracy to commit health care fraud.

The defendants were charged in a superseding indictment returned March 27, 2012. Sixteen other individuals who worked at or were associated with Patient Choice and All American have previously pleaded guilty.

According to evidence presented at trial, the defendants and their co-conspirators caused the submission of false and fraudulent claims to Medicare through Patient Choice and All American, two home health care companies located in Oak Park, Mich., that purported to provide skilled nursing and physical therapy services to Medicare beneficiaries in the greater Detroit area.

The evidence showed that the defendants and their co-conspirators used patient recruiters, who paid Medicare beneficiaries to sign blank documents for physical therapy services that were never provided and/or medically unnecessary. The owners of Patient Choice and All American paid physicians to sign referrals and other therapy documents necessary to bill Medicare. Physical therapists and physical therapist assistants provided through contractors would then create fake medical records using the blank, pre-signed forms obtained by the patient recruiters to make it appear as if physical therapy services were actually rendered, when, in fact, the services had not been rendered.

According to evidence presented at trial, Raval referred both patients from his own practice and patients brought into the scheme by recruiters to Patient Choice and All American in exchange for kickbacks. Gupta provided to Patient Choice and All American physical therapists and physical therapist assistants who created fake patient files using blank, pre-signed forms obtained by patient recruiters, to make it appear as if the physical therapy services billed to Medicare had actually been given. Gupta also doctored and directed the doctoring of fake patient files. The evidence at trial showed that Gupta laundered the proceeds of the fraud through multiple shell companies. Shannon paid patients in cash in order to obtain their signatures on blank physical therapy forms used to create fake therapy documents.

Vishnu Meda, a physical therapist assistant at Patient Choice and All American, was acquitted today of one count of conspiracy to commit health care fraud.

The case was prosecuted by Assistant Chief Gejaa T. Gobena and Trial Attorneys Catherine K. Dick and Niall M. O’Donnell of the Criminal Division’s Fraud Section. The investigation was led by the FBI and HHS-OIG, and was brought by the Medicare Fraud Strike Force, a joint effort of the U.S. Attorney’s Office for the Eastern District of Michigan and the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 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.

WARMER OCEANS AND THE DISTRIBUTION OF PHYTOPLANKTON



FROM: NATIONAL SCIENCE FOUNDATION
Photo:  Plankton (diatoms) among crystals of annual sea ice in McMurdo Sound, Antarctica. Credit-NOAA

Warmer future oceans could cause phytoplankton to thrive near poles, shrink in tropics
Small Marine Organisms' Big Changes Could Affect World Climate
October 25, 2012

In the future, warmer waters could significantly change ocean distribution of populations of phytoplankton, tiny organisms that could have a major effect on climate change.

Reporting in this week's online journal Science Express, researchers show that by the end of the 21st century, warmer oceans will cause populations of these marine microorganisms to thrive near the poles and shrink in equatorial waters.

"In the tropical oceans, we are predicting a 40 percent drop in potential diversity, the number of strains of phytoplankton," says Mridul Thomas, a biologist at Michigan State University (MSU) and co-author of the journal paper.

"If the oceans continue to warm as predicted," says Thomas, "there will be a sharp decline in the diversity of phytoplankton in tropical waters and a poleward shift in species' thermal niches--if they don't adapt."

Thomas co-authored the paper with scientists Colin Kremer, Elena Litchman and Christopher Klausmeier, all of MSU.

"The research is an important contribution to predicting plankton productivity and community structure in the oceans of the future," says David Garrison, program director in the National Science Foundation's (NSF) Division of Ocean Sciences, which funded the research along with NSF's Division of Environmental Biology.

"The work addresses how phytoplankton species are affected by a changing environment," says Garrison, "and the really difficult question of whether adaptation to these changes is possible."

The MSU scientists say that since phytoplankton play a key role in regulating atmospheric carbon dioxide levels, and therefore global climate, the shift could in turn cause further climate change.

Phytoplankton and Earth's climate are inextricably intertwined.

"These results will allow scientists to make predictions about how global warming will shift phytoplankton species distribution and diversity in the oceans," says Alan Tessier, program director in NSF's Division of Environmental Biology.

"They illustrate the value of combining ecology and evolution in predicting species' responses."

The microorganisms use light, carbon dioxide and nutrients to grow. Although phytoplankton are small, they flourish in every ocean, consuming about half of the carbon dioxide emitted into the atmosphere.

When they die, some sink to the ocean bottom, depositing their carbon in the sediment, where it can be trapped for long periods of time.

Water temperatures strongly influence their growth rates.

Phytoplankton in warmer equatorial waters grow much faster than their cold-water cousins.

With worldwide temperatures predicted to increase over the next century, it's important to gauge the reactions of phytoplankton species, say the scientists.

They were able to show that phytoplankton have adapted to local temperatures.

Based on projections of ocean temperatures in the future, however, many phytoplankton may not adapt quickly enough.

Since they can't regulate their temperatures or migrate, if they don't adapt, they could be hard hit, Kremer says.

"We've shown that a critical group of the world's organisms has evolved to do well under the temperatures to which they're accustomed," he says.

But warming oceans may significantly limit their growth and diversity, with far-reaching implications for the global carbon cycle.

"Future models that incorporate genetic variability within species will allow us to determine whether particular species can adapt," says Klausmeier, "or whether they will face extinction."

U.S. GENERAL SERVICES ADMINISTRATION SELLING FORMER ANTI-BALLISTIC MISSILE COMPLEX

FROM: GENERAL SERVICES ADMINISTRATION

GSA Public Auction Saves Taxpayer Dollars

The Stanley R. Mickelsen Safeguard Complex in North Dakota was the first U.S. anti-ballistic missile site. 
Former Stanley Mickelsen Safeguard Complex Up For Sale
Oct. 25, 2012GRAND FORKS, ND — The U.S. General Services Administration, in partnership with the Army Corps of Engineers, announced Wednesday that the public sale by auction of the former Stanley R. Mickelsen Safeguard Complex is now open. This property consists of five facilities that span 600 acres located in Cavalier, Ramsey, and Walsh Counties, North Dakota. Brokers, as well as other interested parties, are encouraged to view the properties in person during weekly GSA site tours and/or place a bid online.

"GSA’s mission is to make the government more efficient and to save money," said Sylvia Hernandez, Acting Regional Administrator for GSA’s Greater Southwest region. "Part of that mission is to effectively manage our real estate assets and dispose of underutilized properties so we can save taxpayer dollars." In the past year, GSA has sold or transferred more than 100 excess properties.

The auction consists of five sites including a Missile Site Radar site and four Remote Site Launch sites. The MSR site offers approximately 431 acres including about 201 acres of vacant land that includes a chapel, a community center, an office building and more totaling more than
258,000 square feet. The Missile Site Radar Building, also known as "The Pyramid," is the focal point of the MSR site.

The four RSL sites are located in Ramsey, Cavalier, and Walsh Counties. Each site offers 35-40 acres that include an access sentry station, remote launch operations building and sprint missile launch stations. All missiles have been removed from the site and the missile silos were
closed.

This sale represents a unique opportunity to acquire a "piece of history." SRMSC is the United States first anti-ballistic missile complex developed to preserve the country’s capability against Soviet nuclear missile attacks. Certain tactical facilities were built of hardened concrete to accomplish specific war fighting functions that are unique in design and architectural features. No other examples of these tactical facilities were constructed in the free world, making the SRMSC a distinctive and significantly architectural style. The site became operational in 1975 and was deactivated in 1976.

NASA VIDEOS OF DRAGON LEAVING SPACE STATION AND SPLASHING DOWN

FROM:  NASA

U.S. COMMENTS ON ELECTIONS IN UKRAINE

FROM: U.S. DEPARTMENT OF STATE
Parliamentary Elections in Ukraine
Press Statement
Mark C. Toner
Acting Spokesperson, Office of the Spokesperson
Washington, DC
October 29, 2012
The United States Government is concerned that the conduct of Sunday’s parliamentary elections constituted a step backwards from progress made during previous parliamentary elections and the 2010 presidential election, elections that had marked important steps forward for Ukraine’s democracy.

We share the concerns cited in today’s preliminary report from observation missions from the Organization for Security and Cooperation in Europe’s (OSCE) Office for Democratic Institutions and Human Rights, the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, and the NATO Parliamentary Assembly. These include the use of government resources to favor ruling party candidates, interference with media access, and harassment of opposition candidates. While election day was peaceful overall and observed by a large number of domestic and international observers, we are troubled by allegations of fraud and falsification in the voting process and tabulation, by the disparity between preliminary results from the Central Election Commission and parallel vote tabulations, and by the Central Election Commission’s decision not to release precinct results. We also reiterate our deep concern that the politically motivated convictions of opposition leaders, including of former Prime Minister Tymoshenko, prevented them from standing in these elections. We again call on the Government to put an immediate end to the selective prosecution of political opponents.

The United States will continue to support the Ukrainian people’s aspirations for an independent, prosperous and democratic Ukraine. We regret that flawed parliamentary elections do not advance Ukraine toward this goal, but we remain committed to working with Ukraine to improve democratic institutions, strengthen the rule of law, and advance essential economic reforms.

The Baroque Saint Andrew's Church in the Podil neighborhood of Kyiv was designed by the famous architect Bartolomeo Rastrelli and constructed between 1747 and 1754. It is reputed to stand on the site where in the first century A.D. Saint Andrew planted a cross and prophesied that a great Christian city would one day rise.  

  
ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK

Ukraine was the center of the first eastern Slavic state, Kyivan Rus, which during the 10th and 11th centuries was the largest and most powerful state in Europe. Weakened by internecine quarrels and Mongol invasions, Kyivan Rus was incorporated into the Grand Duchy of Lithuania and eventually into the Polish-Lithuanian Commonwealth. The cultural and religious legacy of Kyivan Rus laid the foundation for Ukrainian nationalism through subsequent centuries. A new Ukrainian state, the Cossack Hetmanate, was established during the mid-17th century after an uprising against the Poles. Despite continuous Muscovite pressure, the Hetmanate managed to remain autonomous for well over 100 years. During the latter part of the 18th century, most Ukrainian ethnographic territory was absorbed by the Russian Empire. Following the collapse of czarist Russia in 1917, Ukraine was able to achieve a short-lived period of independence (1917-20), but was reconquered and forced to endure a brutal Soviet rule that engineered two forced famines (1921-22 and 1932-33) in which over 8 million died. In World War II, German and Soviet armies were responsible for some 7 to 8 million more deaths. Although final independence for Ukraine was achieved in 1991 with the dissolution of the USSR, democracy and prosperity remained elusive as the legacy of state control and endemic corruption stalled efforts at economic reform, privatization, and civil liberties. A peaceful mass protest "Orange Revolution" in the closing months of 2004 forced the authorities to overturn a rigged presidential election and to allow a new internationally monitored vote that swept into power a reformist slate under Viktor YUSHCHENKO. Subsequent internal squabbles in the YUSHCHENKO camp allowed his rival Viktor YANUKOVYCH to stage a comeback in parliamentary elections and become prime minister in August of 2006. An early legislative election, brought on by a political crisis in the spring of 2007, saw Yuliya TYMOSHENKO, as head of an "Orange" coalition, installed as a new prime minister in December 2007. Viktor YANUKOVUYCH was elected president in a February 2010 run-off election that observers assessed as meeting most international standards. The following month, the Rada approved a vote of no-confidence prompting Yuliya TYMOSHENKO to resign from her post as prime minister.