INVESTMENT ADVISORY FIRM ACCUSED OF MOVING DECIMAL POINTS ON SPREADSHEETS SHOWING CLIENT ACCOUNTS

Credit:  U.S. Government

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C., Nov. 20, 2012 — The Securities and Exchange Commission sanctioned two investment advisory firms for impeding examinations conducted by SEC staff.

An SEC investigation found that Evens Barthelemy and his New York-based firm Barthelemy Group LLC misled SEC examiners by inflating the firm’s claimed assets under management (AUM) ten-fold in an apparent attempt to show that the firm was eligible for SEC registration. Another SEC investigation found that Seth Richard Freeman and his San Francisco-area firm EM Capital delayed nearly 18 months in producing books and records related to the firm’s mutual fund advisory business.

Both firms agreed to settle the SEC’s charges against them.

"Barthelemy was not truthful and Freeman was not responsive during their respective interactions with SEC examiners," said Bruce Karpati, Chief of the SEC Enforcement Division’s Asset Management Unit. "We will continue to pursue enforcement actions against firms that obstruct or delay the SEC’s critical work in overseeing investment advisers."

Carlo di Florio, Director of the SEC’s Office of Compliance Inspections and Examinations, added, "Examinations of SEC-registered firms play a vital role in protecting markets and investors, and we expect their candor and prompt cooperation as SEC staff works to promote compliance, monitor risk, and prevent fraud."

According to the SEC’s order against Barthelemy and his firm, when examiners asked for a list of client assets, Barthelemy misrepresented his firm’s AUM as $26.28 million instead of the actual $2.628 million. He downloaded client account balances from the firm’s online custodial platform onto a spreadsheet, and then manually moved the decimal points for each client one place to the right before providing it to the SEC staff. From July 2009 to early 2011, Barthelemy improperly registered Barthelemy Group with the SEC on the basis of the aspirational AUM that was 10 times higher than reality. Barthelemy Group, through Barthelemy’s actions as chief compliance officer, also failed to adopt reasonable compliance policies and procedures or to maintain required books and records concerning codes of ethics and providing the firm’s disclosure brochure to clients.

Barthelemy agreed to be barred from the securities industry and from associating with an investment company, with the right to reapply after two years. Without admitting or denying the allegations, Barthelemy and his firm consented to cease-and-desist orders, and the firm was censured. Barthelemy and his firm also will provide a copy of the proceeding to their clients and appropriate state securities regulators, will post a copy on the firm’s website, and will disclose the proceeding in an amended SEC Form ADV filing.

According to the SEC’s order issued today against Freeman and his firm, they failed to immediately furnish the required books and records upon request by SEC staff in December 2010. EM Capital and Freeman repeatedly promised to provide the records including financial statements, e-mails, and documents related to their management of a mutual fund. However, they did not fully comply until September 2012, months after learning that SEC staff was considering enforcement action against them.

Freeman and EM Capital agreed to pay a combined $20,000 penalty. Without admitting or denying the SEC’s findings, Freeman and EM Capital also agreed to censures and cease-and-desist orders.

The SEC’s investigation of Barthelemy Group was conducted by David Neuman and Scott Weisman of the SEC’s Asset Management Unit. The examination of Barthelemy Group was conducted by Dawn Blankenship, Kristine Geissler, Arjuman Sultana, Margaret Pottanat, and Anthony Fiduccia of the New York Regional Office’s investment adviser/investment company examination program. The SEC’s investigation of EM Capital was conducted by Sahil W. Desai and Erin E. Schneider of the San Francisco Regional Office, who are members of the SEC’s Asset Management Unit. The examination of EM Capital was conducted by Tom Dutton, Ada Chee, and Ed Haddad of the San Francisco Regional Office’s investment adviser/investment company examination program.

U.S. NAVY FURTHER EMBRACES BIODIESEL FUEL WITH NEW STEAM PLANT

120110-N-RI884-077 PEARL HARBOR (Jan. 10, 2012) Secretary of Agriculture Tom Vilsack, center, visits the USS Arizona Memorial with Rear Adm. Glenn Robillard, left, and National Park Service Superintendent Paul DePrey. Vilsack was in Hawaii to highlight renewable energy, such as the Navy's use of biodiesel to fuel the Arizona Memorial tour boats. (U.S. Navy photo by Mass Communication Specialist 2nd Class Daniel Barker/Released)

FROM: U.S. NAVY
Deputy Assistant Secretary of the Navy for Energy Visits Military's , Biodiesel-Fueled Steam Plant

NORFOLK, Va. (NNS) -- Deputy Assistant Secretary of the Navy (Energy) Tom Hicks toured a steam plant at St. Julien's Creek Annex in Portsmouth now running on B20, a 20 percent biodiesel, 80 percent number two fuel oil blend Nov. 19.

The plant is the Navy's first one in the Mid-Atlantic area to run on this fuel blend, which is popular for use in vehicles.

The diesel blend, which burns cleaner than traditional diesel will provide steam to heat 16 office buildings and 13 warehouses. It is expected that the fiscal year 2012 (FY13) heating season will require the use of about 235,000 gallons of B20. Previously the plant has used traditional, 100 percent petroleum-based fuel oil. The B20 blend is priced competitively with the petroleum based diesel, and will not increase the Navy's costs to heat the base, while helping to meet the Secretary of the Navy's goals for greater energy security.

"The Navy uses an annual average of 30 million barrels of fuel per year which equates to about four to five billion dollars of fuel cost," said Hicks. "Because of this, it is important to explore additional and alternative sources like we see here today at St. Julien's Creek."

"This is a perfect example of what the Navy is trying to do by using B20, a 20 percent biodiesel, 80 percent conventional fuel to run the steam plant from domestic sources that are competitively priced," said Hicks.

The Secretary of the Navy has outlined five energy goals for greater energy security and to enhance our combat capabilities: Increase Alternative Energy Use DoN-Wide: By 2020, 50 percent of total DoN energy consumption will come from alternative sources; Sail the "Great Green Fleet": DoN demonstrated the Great Green Fleet during the Rim of the Pacific (RIMPAC) in July and will sail it by 2016; reduce non-tactical petroleum use: By 2015, DoN will reduce petroleum use in the commercial vehicle fleet by 50 percent; increase alternative energy ashore: By 2020, DoN will produce at least 50 percent of shore-based energy requirements from alternative sources; 50 percent of DoN installations will be net-zero; and Energy Efficient acquisition: evaluation of energy factors will be mandatory when awarding contracts for systems and buildings.

"The steam plant is using B20 and this fuel blend will help make progress towards the Navy's renewable energy goals," said John Breckner, renewable energy program manager for Naval Facilities Engineering Command Mid-Atlantic. "This is one of the pilot projects for the heating season and we hope to expand to other areas in the region. The boilers have been running for a few weeks and everything appears to be going well."

St. Julien's Creek Annex is a U.S. naval support facility that provides administrative offices, light industrial shops, and storage facilities for tenant naval commands. Its primary mission is to provide a radar testing range (35 acres or 141,640 m2) and various administrative and warehousing structures.

Naval Facilities Engineering Command (NAVFAC), the Facilities and Expeditionary Combat Systems Command that delivers and maintains quality, sustainable facilities, acquires and manages capabilities for the Navy's expeditionary combat forces, provides contingency engineering response, and enables energy security and environmental stewardship.

ALLEGED EMBEZZLEMENT IN PONZI SCHEME

FROM: U.S. COMMODITY FUTURES TRADING COMMISSION

CFTC Charges North Carolina Resident Michael Anthony Jenkins and his Company, Harbor Light Asset Management, LLC, with Solicitation Fraud, Misappropriation, and Embezzlement in Ponzi Scheme

Defendants charged with fraudulently soliciting and accepting at least $1.79 million from approximately 377 persons

In a related criminal action, Jenkins was indicted for securities fraud and is in custody awaiting trial

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of a federal civil enforcement action in the U.S. District Court for the Eastern District of North Carolina, charging Michael Anthony Jenkins of Raleigh, N.C., and his company, Harbor Light Asset Management, LLC (HLAM), with operating a Ponzi scheme for the purpose of trading E-mini S&P 500 futures contracts (E-mini futures). From at least January 2011 through January 2012, the defendants fraudulently solicited at least $1.79 million from approximately 377 persons, primarily located in Raleigh, N.C., in connection with the scheme, according to the complaint.

The CFTC complaint also charges Jenkins, the owner and President of HLAM, with embezzlement and failure to register with the CFTC as a futures commission merchant. Furthermore, Jenkins allegedly misappropriated $748,827 of investors’ funds to trade gold and oil futures, stock index futures, and E-mini futures in his personal accounts. Jenkins also used misappropriated funds to pay for charges at department and discount stores and gasoline stations, and for cellular phone bills and airline tickets, according to the complaint.

The CFTC complaint, filed on November 20, 2012, alleges that HLAM’s Investment Agreement falsely represented to investors that their investment was solely for investing in E-mini futures and that investors’ funds would be immediately wired to a specific trading account. However, according to the complaint, most of investors’ funds were misappropriated by HLAM and Jenkins. To conceal and continue the fraud, Jenkins allegedly sent trading spreadsheets and statements to investors that falsely reported trades and profits earned and inflated the value of investments. The defendants’ fraudulent conduct resulted in a loss of approximately $1.3 million in investor funds, consisting of $1.16 million in misappropriated and embezzled funds and $140,000 in trading losses, according to the complaint.

In its continuing litigation, the CFTC seeks restitution, return by Jenkins and HLAM of all ill-gotten gains received, civil monetary penalties, trading and registration bans, and permanent injunctions against further violations of the Commodity Exchange Act, as charged.

In a related criminal action by the Securities Division of the North Carolina, Department of the Secretary of State, Jenkins was indicted on August 20, 2012 on three counts of securities fraud in The General Court of Justice, State of North Carolina, Wake County, and is in custody awaiting trial.

The CFTC appreciates the assistance of the Securities Division of the North Carolina Department of the Secretary of State.

CFTC Division of Enforcement staff members responsible for this action are Xavier Romeu-Matta, Nathan B. Ploener, Christopher Giglio, Manal Sultan, Lenel Hickson, Stephen J. Obie, and Vincent A. McGonagle.

JUSTICE DEPARTMENT FILES LAWSUIT AGAINST eBAY INC.

FROM: U.S. DEPARTMENT OF JUSTICE

WASHINGTON — The Department of Justice filed a civil antitrust lawsuit against eBay Inc., alleging that it violated antitrust laws when it entered into an agreement not to recruit or hire Intuit Inc.’s employees. The department said that the agreement eliminated a significant form of competition to the detriment of affected employees who were likely deprived of access to better job opportunities and salaries.

The department’s Antitrust Division worked closely with the Office of the Attorney General of the State of California, which conducted its own investigation and filed a similar lawsuit today.

The department filed its lawsuit in U.S. District Court in the Northern District of California, in San Jose. The lawsuit seeks to prevent eBay from adhering to or enforcing the agreement and from entering into any similar agreements with any other companies. Intuit is already subject to a settlement prohibiting it from entering into such agreements as part of an earlier case with the department.

The department alleges the agreement, which was enforced at the highest levels of each company, barred either firm from soliciting each other’s employees, and for over a year barred at least eBay from hiring any employees from Intuit at all. In court papers, the department alleges that Meg Whitman, then eBay’s CEO, and Scott Cook, Intuit’s founder and executive committee chair, were intimately involved in forming, monitoring and enforcing the anticompetitive agreement. Cook was serving as a member of eBay’s board of directors at the same time he was making complaints about eBay’s recruiting of Intuit employees.

"eBay’s agreement with Intuit hurt employees by lowering the salaries and benefits they might have received and deprived them of better job opportunities at the other company," said Joseph Wayland, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "The Antitrust Division has consistently taken the position that these kinds of agreements are per se unlawful under the antitrust laws."

According to the complaint, beginning no later than 2006, and lasting at least until 2009, eBay and Intuit entered an illegal agreement that restricted their ability to actively recruit employees from the other company, and for some period of time even restricted at least eBay from hiring any employees at Intuit. In 2007, the pact evolved into an agreement that eBay would not recruit Intuit’s employees. eBay’s recruiting personnel were instructed to not pursue potential applications that came from Intuit and to throw away such resumes, the department said.

As stated in the department’s complaint, eBay and Intuit are direct competitors for employees, including specialized computer engineers and scientists covered by the agreements at issue in the case.

The department said it was not necessary to name Intuit in today’s complaint because the company had previously been named in the division’s September 2010 lawsuit and settlement, and the relief the department obtained in the previous settlement is sufficient to prevent Intuit from entering into these types of agreements. In September 2010, the Antitrust Division filed a lawsuit against six high technology companies–Adobe Systems Inc., Apple Inc., Google Inc., Intel Corp., Intuit Inc. and Pixar–over a series of bilateral agreements not to solicit each other’s employees. All six companies entered into a settlement which prohibited them from entering agreements to refrain from, or pressure others to refrain from, soliciting, recruiting, or otherwise competing for another firm’s employees. The Antitrust Division also filed a lawsuit against Lucasfilm in December 2010 for entering into a similar agreement with Pixar, and Lucasfilm entered into a similar settlement. The eBay case grew out of the same investigation.

eBay is a Delaware corporation with its principal place of business in San Jose. In 2011, eBay had revenues of $11.7 billion.

Intuit is a Delaware corporation with its principal place of business in Mountain View, Calif. In 2011, Intuit had revenues of $3.85 billion.

MARINES CELEBRATE THANKSGIVING WHILE IN AFGHANISTAN

 

Marines with 3rd Battalion, 9th Marine Regiment, Regimental Combat Team 7 enjoy a Thanksgiving Day meal featuring turkey, mashed potatoes and gravy, stuffing and pumpkin pie in the dining facility at Forward Operating Base Geronimo, Afghanistan, Nov. 22, 2012. U.S. Marine Corps photo by Cpl. Timothy Lenzo

FROM: U.S. DEPARTMENT OF DEFENSE
Face of Defense: Marines Enjoy Thanksgiving Feast, Camaraderie
By Marine Corps Cpl. Timothy Lenzo
Regional Command Southwest

FORWARD OPERATING BASE GERONIMO, Afghanistan, Nov. 23, 2012 - Marines with 3rd Battalion, 9th Marine Regiment, Regimental Combat Team 7 were in the holiday spirit this Thanksgiving.

Thousands of miles from their loved ones, the Marines traded gathering with their friends and families for spending time with their brothers and sisters in arms.

"It's hard for Marines to be away from home this time of year," said Sgt. Corey Branner, logistics and supply chief with the battalion.

For Thanksgiving, the dining facility at Forward Operating Base Geronimo served a special menu for the Marines. They ate turkey, mashed potatoes and gravy, stuffing and pumpkin pie. All their holiday favorites were available. It was a welcome boost of morale at a time when many Marines miss their families the most.

"It's nice having a Thanksgiving Day meal rather than a [Meal, Ready-to-Eat]," said Branner, who hails from Chicago. "It helps the mindset of being away from home. A lot of these guys make groups of close friends in the Marine Corps, and today we are able to talk about more than Afghanistan, FOB Geronimo and work."

Marines often refer to one another as brothers and sisters, and for deployed Marines during the holidays, that saying holds true.

"They realize we are also their family," said Cpl. Justin Burns, warehouse noncommissioned officer with the battalion. "They turn to their brother to the left and right of them and say, 'You are my family, let's go eat dinner.'"

With the familiar Thanksgiving Day smells of turkey and gravy wafting through the air, the Marines joked and shared stories. With the television playing sports in the background, it gave some Marines a familiar aura while deployed to another country.

"I believe being away from their family for the holidays gives the Marines something to bond over," said Cpl. James Smoak, warehouse chief with the battalion. "No one wants to be away from their family, but I look forward to the camaraderie and spending time with my fellow Marines."

This is Smoak's fourth deployment and each deployment was during the holiday season. He is accustomed to not being home for Thanksgiving and said his family supports him.

"My family understands this is my job," said Smoak, from Icard, N.C. "This is what I do, and this is the profession that I chose."

Unlike Smoak, many of the Marines are on their first deployment to Afghanistan, and first away from their families and friends.

"We have a young battalion and some good senior leadership," Branner said. "I think the first time being away from home will be a humbling experience for them."

The new Marines had a welcome surprise when they arrived at the mess hall. The decorations and Thanksgiving Day menu helped boost morale.

"I don't think a lot of guys expected the mess hall to be decorated," said Burns, who hails from Fort Worth, Texas. "They had banners, cutouts and Happy Thanksgiving signs everywhere. It was really set up nice. They did a really great job for us."

The meal meant more to the new Marines than a different menu. In a country where holidays are still workdays, the pumpkin pie, turkey and camaraderie helped bring the Marines with 3rd Battalion, 9th Marines, closer together as a family.

RECENT U.S. NAVY PHOTOS

FROM: U.S. DEPARTMENT OF DEFENSE
U.S. Army surgeons, nurses and medics tend to a wounded Afghan national policeman on Forward Operating Base Farah in Farah City, Afghanistan, Nov. 20, 2012. The surgeons, nurses and medics are assigned to the 541st Forward Surgical Team and Provincial Reconstruction Team Farah, which has a mission to train, advise and assist Afghan government leaders at the municipal, district and provincial levels in the province. U.S. Navy photo by Chief Petty Officer Josh Ives.
 

Medical instruments await a team as they prepare a wounded Afghan national policeman for emergency surgery on Forward Operating Base, Afghanistan, Nov. 20, 2012. U.S. Navy photo by Chief Petty Officer Josh Ives.

 

MONEY NOW AVAILABLE SUPPORTING PARTNERSHIPS TO IMPROVE REHABILITATION PROGRAMS

Federal Prison In Miami

FROM: U.S. DEPARTMENT OF JUSTICE

Monday, November 19, 2012
Nearly $1 Million Now Available to Support Partnerships Offering Education and Workforce Training for Incarcerated Individuals Exiting Prisons

Reentry Education Model Released as Framework for Improving Rehabilitation Programs

The Department of Justice and the U.S. Department of Education announced today a new, nearly $1 million grant fund entitled, "Promoting Reentry Success through Continuity of Educational Opportunities" (PRSCEO), that will invest in innovative programs preparing incarcerated individuals to successfully reenter society with the support of education and workforce training. Eligible applicants include adult education providers partnering to connect education in state correctional facilities with local communities.

PRSCEO provides an important opportunity for applicants to create new approaches and improvements for existing rehabilitation services. Every year, more than 700,000 incarcerated individuals leave federal and state prisons. Yet, existing policies and programs too often fail to prepare released prisoners to reenter society, leading 4 of every 10 to commit new crimes or violate terms of their release within 3 years. Failure to support successful rehabilitation costs states more than $50 billion annually.

Based on a cooperative agreement, the one-time grant funding comes from a section of the Second Chance Act, administered by the Bureau of Justice Assistance, a component within the Office of Justice Programs at the Department of Justice.

"Expanding access to education is a proven strategy for reducing recidivism and preventing crime," said Attorney General Eric Holder. "By working together to support education and training programs for those rejoining our communities, the Departments of Justice and Education are helping to improve outcomes and ensure public safety."

"Education is key to creating successful pathways toward prosperity and opportunity for children and adults," said U.S. Secretary of Education Arne Duncan. "Promoting effective policies that offer education and workforce training to low-skill individuals will protect our communities and benefit our economy."

The announcement was made today during a Department of Education-hosted Correctional Education Summit that gathered outside experts engaged in pursuing developing innovations to improve educational opportunities for youth and adults in secure confinement facilities. In conjunction with the event, the Department of Education released a new Reentry Education Model guidance document. Guidance outlined in the reentry model offers evidence-based improvements to support low-skill individuals leaving prison to successfully transition back into society through education and career advancement.

Suggested improvements include establishing an integrated reentry program that offers and incorporates education services, workforce training, and job search support into intake and prerelease processes and links education to employment services; targeting job support to labor market demands that do not have criminal history restrictions; using technology to increase program access and data to measure performance and outcomes; and conducting thorough program evaluations to further share lessons learned and best practices.

FORMER EXECUTIVE PLEADS GUILTY TO OVERSEEING CREATION OF OVER 1 MILLION FRAUDULENT MORTGAGE-RELATED DOCUMENTS

FROM: U.S. DEPARTMENT OF JUSTICE

Tuesday, November 20, 2012
Former Executive at Florida-Based Lender Processing Services Inc. Admits Role in Mortgage-Related Document Fraud Scheme

Over 1 Million Documents Prepared and Filed with Forged and False Signatures, Fraudulent Notarizations

WASHINGTON – A former executive of Lender Processing Services Inc. (LPS) – a publicly traded company based in Jacksonville, Fla. – pleaded guilty today, admitting her participation in a six-year scheme to prepare and file more than 1 million fraudulently signed and notarized mortgage-related documents with property recorders’ offices throughout the United States.

The guilty plea of Lorraine Brown, 56, of Alpharetta, Ga., was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the Middle District of Florida Robert E. O’Neill; and Michael Steinbach, Special Agent in Charge of the FBI’s Jacksonville Field Office.

The plea, to conspiracy to commit mail and wire fraud, was entered before U.S. Magistrate Judge Monte C. Richardson in Jacksonville federal court. Brown faces a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the crime. The date for sentencing has not yet been set.

"Lorraine Brown participated in a scheme to fabricate mortgage-related documents at the height of the financial crisis," said Assistant Attorney General Breuer. "She was responsible for more than a million fraudulent documents entering the system, directing company employees to forge and falsify documents relied on by property recorders, title insurers and others. Appropriately, she now faces the prospect of prison time."

"Homeownership is a huge step for American citizens," said U.S. Attorney O’Neill. "The process itself is often intimidating and lengthy. Consumers rely heavily on the integrity and due diligence of those serving as representatives throughout this process to secure their investments. When the integrity of this process is compromised, illegally, public confidence is eroded. We must work to assure the public that their investments are sound, worthy, and protected."

Special Agent in Charge Steinbach stated, "Our country is increasingly faced with more pervasive and sophisticated fraud schemes that have the potential to disrupt entire markets and the economy as a whole. The FBI, with our partners, is committed to addressing these schemes. As these schemes continue to evolve and become more sophisticated, so too will we."

Brown was the chief executive of DocX LLC, which was involved in the preparation and recordation of mortgage-related documents throughout the country since the 1990s. DocX was acquired by an LPS predecessor company, and was part of LPS’s business when LPS was formed as a stand-alone company in 2008. At that time, DocX was rebranded as "LPS Document Solutions, a Division of LPS." Brown was the president and senior managing director of LPS Document Solutions, which constituted DocX’s operations.

DocX’s main clients were residential mortgage servicers, which typically undertake certain actions for the owners of mortgage-backed promissory notes. Servicers hired DocX to, among other things, assist in creating and executing mortgage-related documents filed with recorders’ offices. Only specific personnel at DocX were authorized by the clients to sign the documents.

According to plea documents filed today, employees of DocX, at the direction of Brown and others, began forging and falsifying signatures on the mortgage-related documents that they had been hired to prepare and file with property recorders’ offices. Unbeknownst to the clients, Brown directed the authorized signers to allow other DocX employees, who were not authorized signers, to sign the mortgage-related documents and have them notarized as if actually executed by the authorized DocX employee.

Also according to plea documents, Brown implemented these signing practices at DocX to enable DocX and Brown to generate greater profit. Specifically, DocX was able to create, execute and file larger volumes of documents using these signing and notarization practices. To further increase profits, DocX also hired temporary workers to sign as authorized signers. These temporary employees worked for much lower costs and without the quality control represented by Brown to DocX’s clients. Some of these temporary workers were able to sign thousands of mortgage-related instruments a day. Between 2003 and 2009, DocX generated approximately $60 million in gross revenue.

After these documents were falsely signed and fraudulently notarized, Brown authorized DocX employees to file and record them with local county property records offices across the country. Many of these documents – particularly mortgage assignments, lost note affidavits and lost assignment affidavits – were later relied upon in court proceedings, including property foreclosures and federal bankruptcy actions. Brown admitted she understood that property recorders, courts, title insurers and homeowners relied upon the documents as genuine.

Brown also admitted that she and others also took various steps to conceal their actions from clients, LPS corporate headquarters, law enforcement authorities and others. These actions included testing new employees to ensure they could mimic signatures, lying to LPS internal audit personnel during reviews of the operation in 2009, making false exculpatory statements after being confronted by LPS corporate officials about the acts and lying to the FBI during its investigation. LPS closed DocX in early 2010.

This case is being prosecuted by Trial Attorney Ryan Rohlfsen and Assistant Chief Glenn S. Leon of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mark B. Devereaux of the U.S. Attorney’s Office for the Middle District of Florida. This case is being investigated by the FBI, with assistance from the state of Florida’s Department of Financial Services.

FEMA APPROVED NEARLY $633 MILLION FOR INDIVIDUALS AND FAMILIES TO RECOVER FROM HURRICANE SANDY

 

121110-N-ZZ999-003 BREEZY POINT, N.Y. (Nov. 10, 2012) Builder Constructionman Sean McHugh, Construction Mechanic Constructionman Devin Leahr and Builder 3rd Class Glenn Reardon, all assigned to Naval Mobile Construction Battalion (NMCB) 5, installing plywood to a building that was damaged during Hurricane Sandy. (U.S. Navy photo by Electronics Technician Seaman Sean Roozen/Released)

FROM: FEDERAL EMERGENCY MANAGEMENT AGENCY
NEW YORK — Since Hurricane Sandy struck New York, the Federal Emergency Management Agency has approved nearly $633 million to help individuals and families recover from the disaster.

FEMA is reaching out to all 13 designated counties with attention focused on the hardest hit areas of New York State. Assistance to the hardest hit areas includes:
Bronx $1.4 million
Kings $129.3 million
Nassau $217.4 million
New York $7.1 million
Queens $165.2 million
Richmond $65.9 million
Suffolk $43.8 million
FEMA provides the following snapshot of the disaster recovery effort as of Nov. 23:
More than 225,000 New Yorkers have contacted FEMA for information or registered for assistance with FEMA and nearly $633 million has been approved. Almost 116,000 have applied through the online application site at www.disasterassistance.gov, or on their smart phone at m.fema.gov.
36 Disaster Recovery Centers (DRCs) are open in the affected areas. These include mobile sites as well as fixed sites, and to date more than 47,000 survivors have been assisted at DRCs in New York.
Nearly 1,300 inspectors in the field have completed almost 123,000 home inspections.
1,067 Community Relations (CR) specialists are strategically positioned throughout affected communities, going door to door explaining the types of disaster assistance available and how to register. More teams continue to arrive daily.
9 fixed feeding sites are being operated by the New York City Office of Emergency Management.
4 Disaster Medical Assistance Teams (DMATs), 1 Rapid Deployment Force (RDF) and 1 National Veterinary Response Team (NVRT) from the Department of Health and Human Services remain deployed in New York.
13 New York counties are designated for both individual and public assistance, including: Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster and Westchester.
The U.S. Small Business Administration (SBA) has staff members at 18 Business Recovery Centers in the New York area to provide one-on-one help to business owners seeking disaster assistance and has approved more than $18.7 million in disaster loans to both individuals and businesses.
Individuals can register online at www.disasterassistance.gov or via smart phone at m.fema.gov. Applicants may also call 1-800-621-3362.

BEWARE OF BUYING FLOOD DAMAGED CARS

Photo Credit:  U.S. DOD.

FROM: U.S. CONSUMER FINANCIAL PROTECTION BUREAU
Don’t take a bath on a flood-damaged car

By Holly Petraeus
Hurricanes and severe storms can bring misery to a lot of people. We’ve all seen recent images of houses and cars submerged in water. Have you ever wondered what happens to those cars once the floodwater subsides?

Unfortunately, a number of them will be turning up for sale on the internet or at car lots halfway across the United States, with no mention that they were saturated in dirty water not so long ago. Although some states require disclosure of flood damage or salvage on a car title, other states do not – so you may not be able to rely on the car title for that information. If you’re taking out a loan to buy the car, it’s important to understand the impact flood damage can have on the car’s value and consider whether it’s worth the amount you’re borrowing.

You should be a cautious buyer and check out the car carefully before you buy. (Since flood damage can be hard to spot, it’s a good idea to consider paying an expert mechanic to inspect it for you.) Below are a few simple steps you can take to help protect yourself.
See: if there are any high-water or mud marks on the engine, the wheel wells, the trunk or even the glove box. Get a flashlight and take a look in those hard-to-reach places that might not have been cleaned. Lift up the carpet and look underneath for mud, rust or dirt.
Smell: the upholstery and the carpeting. Do they smell funky? Also, turn on the heat and see if there’s an electric/burning smell that might come from damaged wires. And turn on the AC and see if you get a blast of mildew-scented air.
Feel: the wires under the dashboard and in the engine (obviously when the car is turned off!). Do they feel brittle? That may be the result of immersion in water.
Listen: to the sound system/radio. If it sounds bad or isn’t working at all, that could be a sign of water damage. Ask why it’s not working.
Ask: the seller outright if the car was ever in a flood. While they may not have volunteered the information, they may be reluctant to lie when asked directly.
Consider: buying a vehicle history report that should tell you if the car’s been in a flood or issued a salvage title.
Realize: this isn’t just an issue of a bad-smelling car. Floods can damage vital parts of a car like the air bag system, brakes, and electrical system – and the damage may not show up right away. Your safety could be at risk if you are unknowingly riding around in a flood-damaged car.

Buying a car is one of the biggest consumer purchases you’ll make. Don’t put your hard-earned money into a flood-damaged lemon. Once you’ve signed the contract you’re committed, so Know Before You Owe!

NASA VIDEO: SPACE COMMUNICATION REVOLUTION

FROM: NASA

Laser Comm: That's a Bright Idea

Laser light made records obsolete. NASA is on the verge of doing the same thing with space based communications. Before the end of the decade, the Laser Communication Relay Demonstration (LCRD) mission will revolutionize the way we move tons of data from orbit to ground and all around the solar system.

Credit-NASA's Goddard Space Flight Center

U.S. FISH AND WILDLIFE SERVICE RELEASES LIST OF CANDIDATES FOR ENDANGERED SPECIES ACT PROTECTION

Relicit Leopard Frog is a candidate for the Endangered Species Protection. Territories
in which the relict leopard Frog is known to or is believed to occur are Arizona and Nevada. Photo Credit: U.S. Fish And Game Service.

FROM: U.S. FISH AND WILDLIFE SERVICE
U.S. Fish and Wildlife Service Releases Annual List of Candidates for Endangered Species Act Protection
November 20, 2012

The U.S. Fish and Wildlife Service today released its Candidate Notice of Review, a yearly appraisal of the current status of plants and animals considered candidates for protection under the Endangered Species Act (ESA). Three species have been removed from candidate status, two have been added, and nine have a change in priority from the last review conducted in October of 2011.

There are now 192 species recognized by the Service as candidates for ESA protection, the lowest number in more than 12 years. This reduction reflects the Service’s successful efforts to implement a court-approved work plan that resolves a series of lawsuits concerning the agency’s ESA Listing Program. Since its implementation, this agreement has significantly reduced litigation-driven workloads and allowed the agency to protect 25 candidate species under the ESA, and propose protection for 91 candidate species.

The agreement will continue to allow the agency to focus its resources on the species most in need of the ESA’s protections over the next five years, said Fish and Wildlife Service Director Dan Ashe.

"We’re continuing to keep the commitments we made under this agreement, which has enabled us to be more efficient and effective in both protecting species under the ESA, as well as in working with our partners to recover species and get them off the list as soon as possible," said Director Ashe. "Our ultimate goal is to have the smallest Candidate List possible, by addressing the needs of species before they require ESA protection and extending the ESA’s protections to species that truly need it."

Ashe noted that the work plan will enable the agency to systematically review and address the needs of every species on the 2011 candidate list – a total of more than 250 unique species – over a period of six years to determine if they should be added to the Federal Lists of Endangered and Threatened Wildlife and Plants.

Candidate species are plants and animals for which the Service has enough information on their status and the threats they face to propose them as threatened or endangered, but developing a proposed listing rule is precluded by the need to address other higher priority listing actions. Candidate species do not receive protection under the ESA, although the Service works to conserve them. The annual review and identification of candidate species provides landowners and resource managers notice of species in need of conservation, allowing them to address threats and work to preclude the need to list the species. The Service is currently working with landowners and partners to implement voluntary conservation agreements covering 5 million acres of habitat for more than 130 candidate species.

Today’s notice identifies two new candidate species: Peñasco least chipmunk (Sacramento and White Mountains, New Mexico) and Cumberland arrow darter (Kentucky and Tennessee). All candidates are assigned a listing priority number based on the magnitude and imminence of the threats they face. When adding species to the list of threatened or endangered species, the Service addresses species with the highest listing priority first. The nine changes in priority announced in today’s notice are based on new information in the updated assessments of continuing candidates. These changes include five species that increased in priority and four that lowered in priority.

The three species removed from the candidate list include elongate mud meadow springsnail, Christ’s paintbrush, and bog asphodel. Based on protections for almost all sites, the identification of additional sites, and updated information on threats, the bog asphodel no longer needs the protection of the ESA. The removal of the springsnail and paintbrush is based on the successful conservation efforts by other federal agencies. Efforts by the Bureau of Land Management for the springsnail fully addressed the threats from recreational and livestock use of the springs where the snail exists. Also, three additional populations of the springsnail have been discovered, making this species less vulnerable to random, naturally occurring events than previously thought. For Christ’s paintbrush, the U.S. Forest Service has successfully implemented numerous conservation actions that have ameliorated most of the previously known threats and established long-term monitoring programs to document their effectiveness on conservation actions. There is a long-term commitment by the Forest Service, through a 2005 Candidate Conservation Agreement and 2012 Memorandum of Agreement with the Service, to continue to implement conservation actions for this species.

The Service is soliciting additional information on the candidate species, as well as information on other species that may warrant protection under the ESA. This information will be valuable in preparing listing documents and future revisions or supplements to the candidate notice of review.

The Service also has multiple tools for protecting candidate species and their habitats, including a grants program that funds conservation projects by private landowners, states and territories. In addition, the Service can enter into Candidate Conservation Agreements (CCAs), formal agreements between the Service and one or more public or private parties to address the conservation needs of proposed or candidate species, or species likely to become candidates, before they actually become listed as endangered or threatened. CCA participants voluntarily commit to implementing specific actions removing or reducing the threats to these species, thereby contributing to stabilizing or restoring the species. Through 110 CCAs, habitat for more than 100 species is managed on federal, state, local agency, tribal and private lands; many CAAs have multiple cooperators focusing conservation actions in an area supporting a single or multiple species.

Another similar tool is the Candidate Conservation Agreement with Assurances (CCAAs). While these voluntary agreements are only between the Service and non-Federal landowners, they have the same goals as CCAs in addressing threats to candidate species, but with additional incentives for conservation actions on non-Federal lands. More than 71 landowners in 18 states have enrolled in CCAAs that cover over 1 million acres of habitat for 41 species.

The complete notice and list of proposed and candidate species appears in the Federal Register and can be found online at http://www.fws.gov/endangered/what-we-do/cnor.html.

NASA'S ROBOTS IN SPACE VIDEO

FROM: NASA 

Robots Aboard International Space Station
Ames Research Center, MIT and Johnson Space Center have two new robotics projects aboard the International Space Station (ISS). Robonaut 2, a two-armed humanoid robot with astronaut-like dexterity, is currently undergoing onboard testing. The second is the SPHERES satellite, which recently got a smartphone upgrade that gives it eyes, ears and a sensor array. These robots could assume mundane, sometimes dangerous tasks: monitoring radiation, filter change-outs, some extravehicular activities.

LOOSE SPIRAL GALAXY

 

 

FROM: NASA, LOOSE SPIRAL GALAXY

Hubble Eyes a Loose Spiral Galaxy
The Hubble Space Telescope has spotted the spiral galaxy ESO 499-G37, seen here against a backdrop of distant galaxies, scattered with nearby stars.

The galaxy is viewed from an angle, allowing Hubble to reveal its spiral nature clearly. The faint, loose spiral arms can be distinguished as bluish features swirling around the galaxy’s nucleus. This blue tinge emanates from the hot, young stars located in the spiral arms. The arms of a spiral galaxy have large amounts of gas and dust, and are often areas where new stars are constantly forming.

The galaxy’s most characteristic feature is a bright elongated nucleus. The bulging central core usually contains the highest density of stars in the galaxy, where typically a large group of comparatively cool old stars are packed in this compact, spheroidal region.

One feature common to many spiral galaxies is the presence of a bar running across the center of the galaxy. These bars are thought to act as a mechanism that channels gas from the spiral arms to the center, enhancing the star formation.

Image Credit: NASA/Hubble

　

　

　

　

SIERRA LEONE ELECTIONS

Map Credit:  CIA World Factbook.

FROM:  U.S. STATE DEPARTMENT

Presidential Elections in Sierra Leone
Press Statement
Victoria Nuland
Department Spokesperson, Office of the Spokesperson
Washington, DC
November 24, 2012
The United States commends the people of Sierra Leone who, on November 17, turned out in overwhelming numbers to vote in the third successful presidential and parliamentary election since the end of the country's civil war in 2002. We congratulate President Ernest Bai Koroma on his re-election, and urge all parties to accept the results as representing the will of Sierra Leone’s voting public.

Any grievances related to the election must be resolved through Sierra Leone's judiciary, in accordance with the rule of law. We urge all party leaders to refrain from actions that incite violence or encourage acts of retribution.

We call on the National Electoral Commission, Political Parties Registration Commission, and other stakeholders to address any electoral deficiencies and further strengthen Sierra Leonean democracy.

Locator Map Credit:  CIA World Factbook

ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK Democracy is slowly being reestablished after the civil war from 1991 to 2002 that resulted in tens of thousands of deaths and the displacement of more than 2 million people (about a third of the population). The military, which took over full responsibility for security following the departure of UN peacekeepers at the end of 2005, is increasingly developing as a guarantor of the country's stability. The armed forces remained on the sideline during the 2007 presidential election but still look to the UN Integrated Office in Sierra Leone (UNIOSIL) - a civilian UN mission - to support efforts to consolidate peace. The new government's priorities include furthering development, creating jobs, and stamping out endemic corruption.

Parents, kids and bullying

Parents, kids and bullying

THE FIGHT TO END HUMAN TRAFFICKING

Jada Pinkett Smith meets with Deputy AG Cole.

FROM: U.S. DEPARTMENT OF JUSTICE

The Fight to End Human Trafficking Contineus
November 21st, 2012
Posted by Tracy Russo
Deputy Attorney General James Cole met with Jada Pinkett Smith last week to discuss the department’s extensive efforts to end human trafficking. Ms. Pinkett Smith founded the organization, Don’t Sell Bodies, to raise awareness about this global epidemic and advocate for victims of trafficking. Ms. Pinkett Smith was joined by former trafficking victims who now work to raise awareness and eliminate human trafficking, including Minh Dang and Withelma "T" Ortiz-Macey, Glamour magazine’s 2011 Woman of the Year.

During the meeting the group discussed remarks made by Deputy Cole before the INTERPOL General Assembly in Italy earlier this month, which largely focused on the department’s myriad of efforts to combat trafficking, including the links between transnational organized crime and human trafficking and the department’s prosecution and training efforts in this area.

Human trafficking cases are prosecuted by several Department of Justice components, including the Civil Rights Division and its specialized Human Trafficking Prosecution Unit, the Criminal Division through the Child Exploitation and Obscenity Section, and individual U.S. Attorney’s Offices. These cases are investigated by the Federal Bureau of Investigation, the Department of Homeland Security’s Immigration and Customs Enforcement/Homeland Security Investigations, and partners at the Departments of Labor and State.

In recent years we have demonstrated unprecedented success in fighting both labor and sex trafficking. We are bringing a record number of federal cases, while at the same time, more states than ever before have passed their own anti-trafficking laws. The department has increased the number of human trafficking prosecutions by more than 30 percent in forced labor and adult sex trafficking cases, while also increasing the number of convictions in Innocence Lost National Initiative cases by 30 percent.

Working with federal, state, local, and international law enforcement agencies, we recently secured the longest sentence ever imposed in a forced labor case. In United States v. Botsvynyuk, the lead defendant was sentenced to life in prison plus twenty years, and his co-conspirator was sentenced to twenty years, for their respective roles in an organized human trafficking scheme that held its victims in forced labor on cleaning crews in and around Philadelphia, Pennsylvania.

Just over a year ago, we initiated a pilot project of multi-agency Anti-Trafficking Coordination Teams (ACTeams) in six judicial districts in the United States. These task forces will prove the value of interagency coordination to address the scourge of human trafficking. In addition to the ACTeams, each U.S. Attorney now participates in some form of anti-trafficking task force.

In addition to our own federal prosecutions, the department’s grant making components are funding state and local law enforcement agencies and victim services organizations to support multidisciplinary, victim-centered task forces dedicated to investigating trafficking crimes and providing culturally-competent assistance to victims.

By taking a multi-disciplinary approach to combating human trafficking and working with our federal, state local and nonprofit partners we can ensure that victims obtain the services that they need and that offenders are prosecuted and sentenced to lengthy jail sentences.

U.S. EXPORT-IMPORT BANK TO UNDERWITE EXPORT OF U.S.-MADE SATELLITES TO HONG KONG

Sputnick Exhibit:  The Original Satellite.  Photo Credit:  U.S. Air Force

FROM: U.S. EXPORT-IMPORT BANK
Ex-Im Approves $461 million to Finance Export
of U.S. Satellites to Hong Kong

Washington, D.C. – In a decision that will support thousands of high-tech jobs in the U.S., the board of the Export-Import Bank of the United States (Ex-Im Bank) has authorized two transactions aggregating $461 million to underwrite the export of American-made satellites to Hong Kong.


The pair of transactions will support approximately 3,700 U.S. jobs, according to Bank estimates derived from Departments of Commerce and Labor data and methodology.

"We are excited to play such a key role in two dynamic transactions that will support several thousand high-paying U.S. jobs in the satellite and aeronautics industries," said Ex-Im Bank Chairman and President Fred P. Hochberg. "These products reveal the technological ingenuity and innovation of American companies and will benefit millions of people the world over as we orient ourselves more and more to the future."

Asia Broadcast Satellite (ABS) of Hong Kong will deploy the satellites to upgrade and expand its fleet, which offers coverage to 80 percent of the world’s population and targets emerging markets in Africa, Asia, the Middle East, and Russia.

"We are absolutely delighted with the support of Ex-Im Bank to provide us financing for our upcoming satellite and launch platforms. In ABS-2, Space Systems/Loral provides us with one of the largest satellites ever to be launched over Asia. Separately, the combination of Boeing 702SP satellites and the Falcon-9 launch vehicles will revolutionize the Fixed Satellite industry with the most cost effective delivery of satellites into orbit," said Tom Choi, chief executive officer of ABS. "With these satellites, ABS will extend the reach of affordable and reliable communications and broadcast services to the emerging markets of the world. We are proud to be partnered with such innovative companies and we are extremely thankful for Ex-Im’s financing support."

In the first transaction, the Bank authorized a $171.29 million direct loan to ABS to finance the purchase of a FS1300, C/Ka/Ku-band geostationary satellite from Space Systems/Loral Inc. (SS/L) and insurance from Aon. The satellite is scheduled to launch in 2013.

SS/L, a Palo Alto, Calif.-based provider of satellites and space systems, has manufactured more than 250 satellites since 1960. The satellites have delivered an excess of 1,900 years of on-orbit service.

"Export-Import Bank financing helps make U.S. manufacturers more competitive and keeps our space industry strong," said John Celli, president of Space Systems/Loral. "Our work on the satellite for ABS keeps hundreds of engineers, technicians and managers employed here in Palo Alto and many hundreds more at suppliers across the U.S."

Additionally, the Bank authorized a separate $289.71 million direct loan to ABS to facilitate the purchase of two 702SP C- and Ku-band geostationary satellites from Boeing Satellite Systems International (Boeing), insurance from Aon, technical support, and the launch of both of the satellites with Space Exploration Technologies (SpaceX) Falcon 9. The transaction will finance the first two of Boeing’s all-electric-propulsion commercial satellites and the first Ex-Im Bank-backed SpaceX launch. The two satellites are planned to launch in 2015 from Cape Canaveral, Fla.

"The Bank's support of this important satellite operator, one of two launch customers, finds it again at the forefront of helping fulfill a global opportunity with an advanced-technology, American-made product," said Craig Cooning, chief executive officer of Boeing Satellite Systems International. "Our all-electric propulsion means lighter launch weight, which translates into more payload capability at a lower cost in orbit. It ultimately means we can offer customers more and capture sales that will support hundreds of high-tech American jobs."


Founded in 2002 and headquartered in Hawthorne, Calif., SpaceX designs, manufactures and launches rockets and spacecraft. It is the first private company to build, launch, and dock spacecraft at the International Space Station, a mission previously accomplished only by government space entities.

"Ex-Im Bank’s financing of the ABS mission on a Falcon 9 launch vehicle marks the first SpaceX international launch deal to receive Ex-Im backing, and we look forward to many more to come," said Gwynne Shotwell, SpaceX president. "SpaceX is rapidly winning back market share in a commercial field once dominated by the U.S. The support of Ex-Im is great for our customers, our jobs, and our country"

HSBC Hong Kong and New York Project & Export Finance teams acted as lead financial advisor to ABS throughout the Ex-Im Bank application and due diligence processes.

In FY 2012, Ex-Im Bank authorized approximately $1.4 billion in satellite transactions.

The First Lady Receives the 2012 White House Christmas Tree | The White House

The First Lady Receives the 2012 White House Christmas Tree | The White House

EPA FIENS 16 FIRMS FOR LEAD PAINT RULE VIOLATIONS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY

EPA Fines 16 Firms for Violations of the Lead Renovation, Repair and Painting Rule

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today announced 16 enforcement actions for violations of the lead-based paint Renovation, Repair and Painting Rule (RRP). A priority for EPA’s enforcement program is to protect children, and others, from exposure to lead dust that can cause lead poisoning by ensuring that renovators follow the RRP and other lead rules. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

"At least 4 million households with children have lead paint, and over a half million children have elevated levels of lead in their blood. But lead exposure is preventable when you know what to look for and what to do," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "These settlements serve as an important reminder of the importance of using lead-safe practices to protect the health of our children and prevent lead poisoning."

The RRP rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities be trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting and replacing windows are done in ways that minimize dangerous lead dust. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

The enforcement actions listed below address many serious RRP Rule violations that could result in harm to human health. These actions include cases where the respondent failed to follow lead-safe work practices. Lead-safe work practices are critical to reducing exposure to lead-based paint hazards and, thereby, avoiding potential lead poisoning. In at least five actions, children lived at the property; thus, the respondent directly put children at risk of exposure to lead-based paint hazards. Also, in several cases, respondents failed to obtain firm certification prior to performing or offering to perform renovation activities on pre-1978 homes. The RRP Rule’s certification requirements ensure that firms and renovators know the RRP Rule, and how to employ lead-safe work practices. Other alleged violations include the respondent’s failure to provide EPA's "Renovate Right" pamphlet to homeowners and occupants. The pamphlet is an important mechanism for helping homeowners and tenants understand the risks of lead-based paint hazards, and how best to minimize these risks to protect themselves and their families.

The 16 enforcement actions include 13 administrative settlements and 3 filed administrative complaints. The settlements advance EPA’s mission to protect human health because, under each settlement, the respondent was required to certify that it has come into compliance with the RRP Rule – and compliance results in greater protection for children and others in the future. EPA also assessed civil penalties. When formulating penalties, EPA must evaluate an entity’s ability to pay a penalty and to remain in business. Accordingly, the Agency assessed a total of $53,792 in civil penalties. In the 3 administrative complaints that EPA has filed, the Agency seeks civil penalties up to the statutory maximum of $37,500 per violation.