JUSTICE SETTLES DEVELOPMENTAL DISABILITEIS LITIGATION WITH STATE OF TENNESSEE

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, January 10, 2013

Justice Department Obtains Comprehensive Agreement to Resolve Long Standing Litigation Regarding the Rights of People with Developmental Disabilities

Today, the Justice Department announced that it filed in federal court yesterday afternoon a comprehensive agreement that will resolve long running litigation with the state of Tennessee originally concerning conditions of care at the former Arlington Developmental Center (ADC). On Jan. 15, 2013, the U.S. District Court in Memphis, Tenn., will conduct a hearing to determine whether to approve the agreement. Individuals affected by the agreement are invited to attend the hearing and provide comment to the Court.

Over the 20-year course of the litigation, the state has made significant changes in the delivery of services for a class comprised of former ADC residents and many other individuals who were deemed at-risk of placement at ADC. Tennessee closed ADC in October 2010. The new agreement reaches many of those in the group deemed at risk of placement in ADC prior to its closure.

The agreement resolves remaining issues in the litigation by expanding community-based services so that the state can serve people with developmental disabilities, including intellectual disabilities, in their own homes, their families’ homes or other integrated community settings. The agreement also will provide class members in nursing homes to choice to receive services in integrated, community-based settings. Over the next year, Tennessee will expand community services by providing home and community-based Medicaid waivers to Medicaid-eligible individuals; seeking new and cost-efficient models of care for class members with behavioral needs; and providing supported employment for class members seeking work. This expansion will provide people the opportunity to transition successfully from nursing and other facilities to community settings that can meet their needs and prevent new people from being unnecessarily institutionalized.

"This agreement will provide remaining class members with developmental disabilities in western Tennessee the opportunity to live successfully in their homes and communities and bring this long-standing litigation to an appropriate end," said Assistant Attorney General Thomas E. Perez. "I commend Governor Haslam for his leadership on this issue, and we will continue to work with states around the country, as we have with Virginia, Georgia, Delaware, North Carolina, and – today – Tennessee, to ensure that people with disabilities are given the choice to live in community-based settings."

"This is an example of the state of Tennessee making the choice to do what is not only legally right, but right in the grander sense," said U.S. Attorney Edward L. Stanton III. "Protecting the civil rights of every citizen is a fundamental duty of our office and this agreement does so while preserving the dignity and improving the quality of life for some of our most vulnerable citizens."

Upon the state’s successful completion of the agreement, the litigation is expected to come to an end. In 1991, the department released a findings letter pursuant to the Civil Rights for Institutionalized Persons Act (CRIPA) detailing conditions at ADC that violated residents’ constitutional rights. The following year the department brought suit to remedy those conditions. The court joined that suit with a separate suit brought by People First of Tennessee concerning ADC and the rights of people at risk of institutionalization at ADC. People First remains active in the case and also is a party to the agreement.

Civil Rights Division staff Jonathan Smith, chief; Shelley Jackson, deputy chief; and senior trial attorneys Jonas Geissler and Michelle Jones, worked on the case and the agreement .

AFGHAN FORCES WILL SOON TAKE LEAD IN NATION'S SECURITY

President Barack Obama and Ambassador Capricia Marshall, Chief of Protocol, wave to President Hamid Karzai of Afghanistan as he departs from the North Portico of the White House, Jan. 11, 2013.(Official White House Photo by Pete Souza)

FROM: U.S. DEPARTMENT OF DEFENSE
Afghan Forces Accelerate Taking Security Lead in Country
By Jim Garamone
American Forces Press Service
WASHINGTON, Jan. 11, 2013 - Afghan forces will take the lead for security throughout Afghanistan this spring rather than at mid-year, President Barack Obama announced at a White House news conference today.

Obama and Afghan President Hamid Karzai spoke following White House meetings.

The Afghan president emphasized that the number of American forces that will remain in Afghanistan after the NATO mission concludes at the end of 2014 is not crucial.

"Numbers are not going to make a difference to the situation in Afghanistan," Karzai said. "It's the broader relationship that will make a difference to Afghanistan and beyond in the region. The specifics of numbers are issues that the military will decide and Afghanistan will have no particular concern when we are talking of numbers and how they are deployed."

Afghan forces will be in the lead sooner than planned, Obama said. U.S. and NATO forces have been training Afghan police and soldiers, who have progressed to the point where they are able to take the lead, Obama said. "We are able to meet those goals and accelerate them somewhat," he said. "What's going to happen this spring is that Afghans will be in the lead throughout the country."

U.S. forces will still be in the fight, the president said. "It does mean, though, that Afghans will have taken the lead and our presence, the nature of our work, will be different," he said. "We will be in a training, assisting, advising role."

This will lead to a responsible end to the war in Afghanistan by the end of 2014, the president said. "This progress is only possible because of the incredible sacrifices of our troops and our diplomats, the forces of our many coalition partners, and the Afghan people, who've endured extraordinary hardship," he added.

Obama noted that more than 2,000 Americans have been killed in Afghanistan since the war began in 2001, and tens of thousands have been wounded. "These are patriots that we honor today, tomorrow, and forever," he said.

The president promised that the number of U.S. service members in Afghanistan will continue to drop over the next year. Some 66,000 Americans are deployed to the nation now. "I've pledged we'll continue to bring our forces home at a steady pace," he said. "And in the coming months, I'll announce the next phase of our drawdown, a responsible drawdown that protects the gains our troops have made."

Karzai and Obama discussed the still to be worked out bilateral security agreement between the two nations. Part of this is a status of forces agreement, which will protect American service members. Both said they think an agreement is possible this year.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
A ground crew member from Electronic Attack Squadron (VAQ) 132 signals to an EA-18G Growler as it returns from a flight during heavy snows at Naval Air Facility Misawa. VAQ-132 is finishing up a six-month deployment in support of U.S. 7th Fleet. U.S. Navy photo by Mass Communication Specialist 1st Class Kenneth G. Takada (Released) 130110-N-VZ328-444

A helicopter assigned to the Eightballers of Helicopter Sea Combat Squadron (HSC) 8 delivers supplies to the Nimitz-class aircraft carrier USS John C. Stennis (CVN 74) as it makes its approach alongside the Military Sealift Command fast combat support ship USNS Bridge (T-AOE 10) during a replenishment-at-sea. John C. Stennis is deployed to the U.S. 5th Fleet area of responsibility conducting maritime security operations, theater security cooperation efforts and support missions for Operation Enduring Freedom. U.S. Navy photo by Mass Communication Specialist 2nd Class Armando Gonzales (Released) 130108-N-LV331-577

PANETTA PRAISES SUCCESSOR HAGEL

FROM:  U.S. DEPARTMENT OF DEFENSE

Panetta Praises Hagel as 'Right Person' to Lead Department

By Amaani Lyle
American Forces Press Service

WASHINGTON, Jan. 10, 2013 - Panetta spoke today during a press briefing with Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff. The secretary expressed confidence in Hagel's experience and his projected ability to lead the department through budget uncertainties and the 2014 Afghanistan transition.

"I've known Chuck a long time," Panetta said. "He is the right person to lead the department, not only because he's a decorated Vietnam combat veteran, but [because] he understands Washington; he understands the issues that confront our national defense."

Panetta said topics during meetings with Hagel included a range of general issues facing the DOD. The two also had a meeting specifically to focus solely on budget challenges.

"I'm confident that he wants to do everything possible to try and deal with the challenges we face," Panetta said.

The secretary also noted that he and his successor agree about the future of the department.

"Despite a lot of very severe budget pressures ... we need to maintain -- and I believe he believes we need to maintain -- the world's most powerful and ready force to deal with the challenges we're going to confront in the 21st Century," Panetta said.

ISS WEEKLY RECAP FOR WEEK ENDING 01-11-2013

FROM NASA

DVIDS - Video - Joint Press Brief: President Obama and Preseident Karzi

DVIDS - Video - Joint Press Brief

Air Force News Briefing by Secretary Donley and General Welsh on the State of the Air Force in the Pentagon Briefing Room

Air Force News Briefing by Secretary Donley and General Welsh on the State of the Air Force in the Pentagon Briefing Room

REGIONAL MEDICAL CENTER AND HEART CENTER TO PAY $4.4 MILLION TO SETTLE FALSE CLAIMS ACT ALLEGATIONS

FROM: U.S. DEPARTMENT OF JUSTICE

EMH Regional Medical Center and North Ohio Heart Center to Pay U.S. $4.4 Million to Resolve False Claims Act Allegations

EMH Regional Medical Center (EMH) has agreed to pay the United States $3,863,857 and North Ohio Heart Center Inc. (NOHC) has agreed to pay the United States $541,870 to settle allegations that they submitted false claims to Medicare, the Justice Department announced today.

EMH is a non-profit community hospital system located in Lorain County, Ohio. During the relevant time period, NOHC was an independent physician group located in Lorain County that practiced at EMH. The settlement resolves allegations that between 2001 and 2006 EMH and NOHC performed unnecessary cardiac procedures on Medicare patients. Specifically, the United States alleged that EMH and NOHC performed angioplasty and stent placement procedures on patients who had heart disease but whose blood vessels were not sufficiently occluded to require the particular procedures at issue.

"Billing Medicare for cardiac procedures that are not necessary or appropriate contributes to the soaring costs of health care and puts patients at risk. The settlement demonstrates the Department of Justice’s efforts both to protect public funds and safeguard Medicare beneficiaries," said Stuart F. Delery, Principal Deputy Assistant Attorney General of the Justice Department’s Civil Division.

" Most doctors act responsibly," said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. " These few didn't. Patient health and taxpayer dollars have to come before greed."

This matter was initiated by the filing of a whistleblower complaint under the False Claims Act (FCA). Under the FCA, private citizens can bring suit for false claims on behalf of the United States and receive a share of the recovery obtained by the government. The whistleblower in this matter, Kenny Loughner, was the former manager of EMH’s catheterization and electrophysiology laboratory. As a result of the settlement, Mr. Loughner will receive $660,859 of the United States’ recovery.

This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $10.1 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $13.8 billion.

The investigation was jointly handled by the U.S. Attorney’s Office for the Northern District of Ohio, the Justice Department’s Civil Division, the Office of the Inspector General of the Department of Health and Human Services Cleveland Field Office and the FBI. The claims resolved by this settlement are allegations only, and there has been no determination of liability.

FEMA AID REGISTRATION EXTENED FOR RHODE ISLAND RESIDENTS

Warwick, R.I., Jan. 7, 2013 -- Representatives from the state of Rhode Island and local government agencies attended at two-day seminar at the Warwick, Rhode Island, Joint Field Office on January 7-8, 2013. The seminar on benefit cost analysis provided training on the use of FEMA software to complete applications for FEMA Hazard Mitigation Grants. These competitive grants are funded by FEMA and awarded by the state to fund projects that will prevent damage from future disasters like Hurricane Sandy. Photo by Nancy Helmick.

FROM: FEDERAL EMERGENCY MANGEMENTAGENCY
FEMA Aid Registration Extended, Federal Support More than $9.8 Million in R.I.Release date:
January 11, 2013

WARWICK, R.I. – With total federal support to date for Hurricane Sandy damage in the The Ocean State now exceeding $9.8 million, the Federal Emergency Management Agency has extended the deadline for Rhode Islanders with losses from Sandy to register for assistance until February 13.

The following is a summary as of January 10, 2013, of federal support for individuals, families and public entities with losses from Hurricane Sandy:
590 households have registered with FEMA for some form of disaster assistance, including financial grants, loans and other disaster-related services.
$368,374 has been approved in grants to cover repairs to homes and rental assistance
$22,086 has been approved to help Rhode Islanders with other disaster-related needs such as lost personal property and loss of transportation.
71 applicants have requested aid from the Public Assistance Program. For these applicants FEMA has prepared 97 separate public assistance projects totaling $2,370,404, of which $347,793 has already been obligated to the state to reimburse local, county, and state government entities and
$631,400 in low interest, disaster recovery loans to homeowners has been approved by the U.S. Small Business Administration.
The National Flood Insurance Program estimates that approximately 1,000 claims have been filed related to Superstorm Sandy in Rhode Island and around $6.5 million has been paid out to survivors.
Rhode Islanders have until midnight February 13 to register online at www.DisasterAssistance.govHYPERLINK "http://www.disasterassistance.gov" or via smartphone at m.fema.gov. Individuals may also register by calling FEMA at 800-621-FEMA (3362) daily from 8 a.m. to 10 p.m. Multilingual recovery specialists are available. Those with a speech disability or hearing loss who use a TTY can call 800-462-7585 directly; or 800-621-3362 if using 711 or Video Relay service.

FEMA-state assistance may include grants for temporary housing and home repairs, uninsured vehicle damage, lost or damaged personal property and many other costs incurred because of Hurricane Sandy. Even people who have insurance may qualify for FEMA aid to help with expenses their insurance does not cover, such as temporary housing during home repairs.

Low interest disaster loans are vital to full recovery for many who had storm damage. The U.S. Small Business Administration provides these loans, not just for small businesses, but also for homeowners, renters, businesses of any size and some private nonprofits to cover uncompensated real or personal property losses. The deadline to apply for an SBA loan is February 13.

SBA disaster loan information and application forms may be obtained by calling the SBA’s Customer Service Center at 800-659-2955 (800-877-8339 for people with speech or hearing disabilities) Monday through Friday from 8 a.m. to 6 p.m. and Saturday and Sunday from 8 a.m. to 4:30 p.m. or by sending an e-mail to disastercustomerservice@sba.gov. Applications can also be downloaded from www.sba.gov or completed on-line at https://disasterloan.sba.gov/ela/

Rhode Islanders who lost income because of Hurricane Sandy and are ineligible for regular unemployment benefits may be eligible for special disaster unemployment benefits. The deadline to apply is February 4, 2013. File a claim online at http://www.dlt.ri.gov/ui/.

Find tweets about Sandy recovery at www.twitter.com/femaregion1. For Rhode Island specific information go to http://www.fema.gov/disaster/4089. Other online resources include http://blog.fema.gov, www.facebook.com/fema and www.youtube.com/fema.

FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

Disaster recovery assistance is available without regard to race, color, religion, nationality, sex, age, disability, English proficiency or economic status. If you or someone you know has been discriminated against, call FEMA toll-free at 800-621-FEMA (3362). For TTY call 800-462-7585.

FEMA’s temporary housing assistance and grants for medical and dental expenses, funeral and burial expenses do not require individuals to apply for an SBA loan. However, applicants who receive SBA loan applications must submit them to SBA loan officers to be eligible for assistance that covers personal property, vehicle repair or replacement, and moving and storage expenses.

West Wing Week: 01/11/13 or "The Interests of Our Country" | The White House

West Wing Week: 01/11/13 or "The Interests of Our Country" | The White House

U.S. Department of Defense Armed with Science Update: Follow Me Robot Video

U.S. Department of Defense Armed with Science Update

NEWS FROM AFGHANISTAN FOR JANUARY 11, 2013

Photo:  On Patrol In Afghanistan.  Credit:  U.S. DOD.

FROM: U.S. DEPARTMENT OF DEFENSE
Afghan, Coalition Force Arrests Taliban Leader in Baghlan
From an International Security Assistance Force Joint Command News Release

KABUL, Afghanistan, Jan. 11, 2013 - A combined Afghan and coalition security force arrested a Taliban leader in the Burkah district of Afghanistan's Baghlan province today, military officials reported.

The leader planned and executed attacks against Afghan and coalition forces for both the Taliban and the Islamic Movement of Uzbekistan, and both insurgent groups used him to root out people in their organizations thought to be disloyal, officials said.

Also today, a combined force in Khost province's Sabari district arrested a Taliban leader who was assisting in the preparation of a vehicle-borne bomb and the acquisition of ammunition for an upcoming attack against Afghan and coalition forces.

Yesterday, an Afghan army patrol found three homemade bombs and more than 800 pounds of explosives in Helmand province's Garm Ser district. The Afghan soldiers secured the site, and a coalition explosive ordnance disposal team destroyed the cache.

DEPARTMENT OF DEFENSE SEES U.S. MILITARY RECRUITING NUMBERS AS STRONG

Photo:  U.S. Navy Blue Angels.  Credit:  U.S. Navy.

FROM: U.S. DEPARTMENT OF DEFENSE

Recruiting Remains Strong Through November
American Forces Press Service

WASHINGTON, Jan. 10, 2013 - All four active services met or exceeded their target recruiting numbers for the first two months of fiscal 2013, Pentagon officials reported today.

Here are the specific numbers by service so far for the fiscal year, which began Oct. 1:

-- Army: 11,685 accessions, 101 percent of its goal of 11,550;

-- Navy: 5,299 accessions, 100 percent of its goal of 5,299;

-- Marine Corps: 4,293 accessions, 100 percent of its goal of 4,307; and

-- Air Force: 4,452 accessions, 100 percent of its goal of 4,452.

The Army, Air Force, and Marine Corps exhibited strong retention numbers for the second month of fiscal 2013, officials said, adding that the Navy exhibited strong retention numbers in the mid-career and career categories. Its 88 percent retention rate in the first-term category is the result of the Navy's transition from a downsizing posture to a stabilizing posture, officials explained.

Meanwhile, five of the six reserve components met or exceeded their fiscal 2013 recruiting goals for the first two months of the fiscal year. Here are the numbers:

-- Army National Guard: 8,453 accessions, 118 percent of its goal of 7,146;

-- Army Reserve: 4,013 accessions, 86 percent of its goal of 4,667;

-- Navy Reserve: 877 accessions, 100 percent of its goal of 877;

-- Marine Corps Reserve: 1,768 accessions, 113 percent of its goal of 1,569;

-- Air National Guard: 1,414 accessions, 100 percent of its goal of 1,414; and

-- Air Force Reserve: 1,279 accessions, 100 percent of its goal of 1,279; 100 percent.

All reserve components met their initial fiscal-year-to-date attrition goals. Officials said that although they expect this trend will continue, attrition numbers for November are not yet available.

U.S. SECRETARY OF EDUCATION DUNCAN'S REMARKS ON TAFT UNION HIGH SHOOL SHOOTING

FROM: U.S. DEPARTMENT OF EDUCATION

Secretary Duncan's Statement on School Shooting in Kern County, CA
January 10, 2013
"I was deeply troubled to learn today about another episode of gun violence in America's schools– this time at Taft Union High School in Kern County, California. This is another grim reminder of the urgent need to address gun violence in our society and in our schools, and it underscores the importance of the work President Obama and Vice President Biden are leading to keep our children and our communities safe."

Medicine in a storm

Medicine in a storm

CASSIOPEIA A: THE REMAINS OF A SUPERNOVA

 

FROM: NASA

Sizzling Remains of a Dead Star

This new view of the historical supernova remnant Cassiopeia A, located 11,000 light-years away, was taken by NASA's Nuclear Spectroscopic Telescope Array, or NuSTAR. Blue indicates the highest energy X-ray light, where NuSTAR has made the first resolved image ever of this source. Red and green show the lower end of NuSTAR's energy range, which overlaps with NASA's high-resolution Chandra X-ray Observatory.

Light from the stellar explosion that created Cassiopeia A is thought to have reached Earth about 300 years ago, after traveling 11,000 years to get here. While the star is long dead, its remains are still bursting with action. The outer blue ring is where the shock wave from the supernova blast is slamming into surrounding material, whipping particles up to within a fraction of a percent of the speed of light. NuSTAR observations should help solve the riddle of how these particles are accelerated to such high energies

X-ray light with energies between 10 and 20 kiloelectron volts are blue; X-rays of 8 to 10 kiloelectron volts are green; and X-rays of 4.5 to 5.5 kiloelectron volts are red.

The starry background picture is from the Digitized Sky Survey.


Image credit: NASA/JPL-Caltech/DSS

KEEPING AIRCRAFT IN THE AIR

Air Force Tech. Sgt. Mark Graveline performs an operational check on a C-17 Globemaster III, Jan. 1, 2013, at Joint Base Pearl Harbor-Hickam, Hawaii. U.S. Air Force photo by Lt. Col. Bill Walsh

FROM: U.S. DEPARTMENT OF DEFENSE

Face of Defense: Flying Crew Chiefs Keep Aircraft Airborne
By Air Force Lt. Col. Bill Walsh
315th Airlift Wing

JOINT BASE PEARL HARBOR-HICKAM, Hawaii, Jan. 9, 2013 - When a $200 million military aircraft breaks down in remote places like Afghanistan or Colombia, pilots can call on their flying crew chief, who, as most aircrew members are aware, knows everything.

Flying crew chiefs perform missions worldwide. They are the mechanics of the sky and a pilot's best friend.

"These guys have saved many, many missions," said Air Force Lt. Col. Jeffery Smith of the 300th Airlift Squadron. "They make our job of flying the airplane much easier."

Flying crew chiefs are specially trained maintenance personnel who attend a six-week maintenance special operations course in addition to the hundreds of hours of training it takes to become a premier aircraft maintainer.

"We have to know everything about the aircraft," said Air Force Tech. Sgt. Mark Graveline of the 315th Aircraft Maintenance Squadron.

From fueling the aircraft and checking the oil, to troubleshooting a major system malfunction, these flying mechanics earn their stripes every day. According to Smith, keeping the mission moving is critical to its success and a trained maintainer prevents small things from becoming big problems.

When an aircraft maintainer flies a mission, he has to have access to an enormous amount of maintenance information. Thanks to today's digital technology, maintenance publications are contained in a laptop featuring hundreds of pages of diagrams, part descriptions and numbers, instructions and more to keep the giant C-17 Globemaster III in the air.

Maintainers also carry a toolbox containing things like specialized wrenches, tire pressure gauges and more.

"You never know what you will need when it comes to a fix," Graveline said.

In his trademark green flight suit, Graveline routinely climbs under the Globemaster to inspect its tires and undercarriage. Carefully and methodically he covers every inch of the outside of the jet -- even taking note of rivets in the tail towering five stories above.

"We look for cracks, leaks and any sign of trouble," he said.

"These folks are specialists in many maintenance fields and save the day sometimes," Smith said. "They're even more important in places where there is no support."

Wherever the mission, the flying crew chief goes with it to ensure that the aircraft is safe and ready to fly 24 hours-a-day.

MAKING MATERIAL MISTATEMENTS DURING FINANCIAL CRISIS

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION

SEC Charges Three Former Senior Officers of Commonwealth Bank With Understating Losses and Material Misstatements During Financial Crisis
The Securities and Exchange Commission today charged three former bank executives in Virginia for understating millions of dollars in losses and masking the true health of the bank's loan portfolio at the height of the financial crisis.

The SEC alleges that Edward J. Woodard, Jr., who was the CEO, President and Chairman of the Board at Norfolk, Virginia-based Bank of the Commonwealth and its publicly-traded parent, Commonwealth Bankshares, along with Chief Financial Officer and Secretary Cynthia A. Sabol, a CPA, and Executive Vice President and Commercial Loan Officer Stephen G. Fields understated the bank's loan-related losses as well as losses on real estate repossessed by the bank (other real estate owned or OREO).

The SEC's complaint alleges that, from in or about November 2008 through August 2010, the consistent message in Commonwealth's SEC filings and public statements was that its portfolio of loans, which comprised approximately 94% and 81% of the company's total assets in 2008 and 2009, respectively, was conservatively managed according to strict underwriting standards aimed at keeping Commonwealth's reserved losses low during a time of unprecedented economic turmoil. In reality, internal practice deviated so much from what the investing public was told that, from November 2008 through August 2010, Commonwealth understated its ALLL by approximately 17% to 25% with a corresponding understatement to its reported loss before income taxes for fiscal year 2008 of approximately 64%; understated its OREO in two quarters by approximately 19% to 20%, which resulted in a corresponding understatement of Commonwealth's reported loss before income taxes in the first quarter of 2010 of approximately 35%; and underreported its total non-performing loans throughout the entire period by at least 30%.

The SEC's complaint further alleges that Woodard, as CEO, knew of the true state of Commonwealth's loan portfolio, was involved in the activity to hide the deterioration of many of the loans at issue and was responsible for the misleading public statements and in particular those in earnings releases. Sabol, as CFO, knew of the activity to mask the problems with the company's loan portfolio and the corresponding effect these masking practices had on the bank's financial statements and disclosures, yet signed the disclosures and certified to the investing public that they were accurate. Fields oversaw the bank's largest portfolio of construction and development loans and was involved in the masking practices.

IN DEEP MAGMA

Credit:  Wikimedia Commons.

FROM: NATIONAL SCIENCE FOUNDATION

Magma in Earth's Mantle Forms Deeper Than Once Thought Study simulating pressures in mantle beneath the ocean floor shows that rocks can melt at depths up to 250 kilometers


Magma forms far deeper than geologists previously thought, according to new research results.

A team led by geologist Rajdeep Dasgupta of Rice University put very small samples of peridotite, rock derived from Earth's mantle, under high pressures in a laboratory.

The scientists found that the rock can and does liquify, at least in small amounts, at pressures equivalent to those found as deep as 250 kilometers down in the mantle beneath the ocean floor.

Dasgupta said that this answers several questions about Earth's inner workings.

He is the lead author of a paper that appears today in the journal Nature. The research was funded by the National Science Foundation (NSF).

"The results show that in some parts of the Earth, melting, or magma formation, happens very deep beneath Earth's surface," said geologist Jennifer Wade, a program director in NSF's Division of Earth Sciences, which funded the research.

"It also means that some carbon dioxide and water could come from different sources--and deeper within the Earth--than we believed."

The mantle is the planet's middle layer, a buffer of rock between the crust--the top five miles or so--and the Earth's core.

If one could compress millions of years of observation of the mantle to mere minutes, the mantle would look like a rolling mass of rising and falling material.

This slow but constant churning convection brings materials from deep within the Earth to the surface, and higher, through volcanic eruptions.

The team focused on the mantle beneath the ocean because that's where crust is created and where, Dasgupta said, "the connection between the interior and surface world is established."

Magma rises with convective currents, then cools and spreads out to form ocean-floor crust.

The starting point for melting has long been thought to be at 70 kilometers beneath the seafloor.

That had confounded geologists who had suspected, but could not demonstrate, the existence of deeper magma, said Dasgupta.

For example, when scientists try to determine the mantle's density, they do so by measuring the speed of a seismic wave after an earthquake, from its origin to other points on the planet.

Because such waves travel faster through solids (e.g., crust) than through liquids (e.g., magma), geologists had been surprised to detect waves slowing down, as though passing through liquid, in a zone that should be the mantle's faster "express lane."

"Seismologists have observed anomalies in velocity data as deep as 200 kilometers beneath the ocean floor," Dasgupta said.

"It turns out that trace amounts of magma are generated at this depth, which would potentially explain that" slower velocity.

The research also offers clues to the electrical conductivity of the oceanic mantle.

"The magma at such depths has a high enough concentration of dissolved carbon dioxide that its conductivity is very high," Dasgupta said.

But, because scientists have not yet been able to sample the mantle directly, researchers have had to extrapolate from the properties of rocks carried up to the surface.

So, in a previous study, Dasgupta determined that melting in Earth's deep upper mantle is caused by the presence of carbon dioxide.

The present study shows that carbon helps to make silicate magma at significant depths. And, the researchers also found that carbonated rock melts at significantly lower temperatures than non-carbonated rock.

"This deep melting makes the silicate differentiation [changes in silicate distribution that range from the dense metallic core, to the less-dense silicate-rich mantle, to the thinner crust] of the planet much more efficient than previously thought," Dasgupta said.

"Deep magma is the main agent that brings all the key ingredients for life--water and carbon--to the surface of the Earth."

In Dasgupta's high-pressure lab, volcanic rocks are windows to the planet's interior. The researchers crush tiny rock samples that contain carbon dioxide to find out how deep magma forms.

"We have all the necessary tools to simulate very high pressures--to nearly 750,000 pounds per square inch--and temperatures," he said. "We can subject small amounts of rock to these conditions to see what happens."

The geologists use powerful hydraulic presses to partially melt rocks that contain tiny amounts of carbon, simulating what they believe is happening under equivalent pressures in the mantle.

"When rocks come from deep in the mantle to shallower depths, they cross . . . the solidus [boundary], where rocks begin to undergo partial melting and produce magmas," Dasgupta said.

"Scientists knew the effect of a trace amount of carbon dioxide or water would lower this boundary, but our new estimation made it 150-180 kilometers deeper from the known depth of 70 kilometers," he said.

"What we are now saying is that with just a trace of carbon dioxide in the mantle, melting can begin as deep as around 200 kilometers.

"When we incorporate the effect of trace water, the magma generation depth becomes at least 250 kilometers."

The extent of magma generation is larger than previously thought, he said, and, as a consequence, has the capacity to affect the geophysical and geochemical properties of the entire planet.

Co-authors of the paper are Ananya Mallik and Kyusei Tsuno at Rice University; Anthony Withers and Marc Hirschmann at the University of Minnesota; and Greg Hirth at Brown University.

The study was also supported by a Packard Fellowship to Dasgupta.

IRAQ HOSTILITIES HISTORICAL NAVAL PHOTOS

FROM: U.S NAVY
960903-N-0000X-002 Northern Arabian Gulf. . . .A first strike tomahawk missile is released from the forward vertical launch system (VLS) aboard the U.S. Navy’s Ticonderoga Class cruiser USS Shiloh (CG 67), on the morning of September 3, 1996. Following Saddam Hussein’s offensive action into Kurdish territory within the UN sponsored "no-fly zone", U.S. Naval forces launched 14 Tomahawk Cruise missiles on targets in southern Iraq. President Clinton authorized repeated action less than 24 hours later, after DOD officials determined that additional missiles were needed to ensure that targets were completely neutralized. U.S. Navy Photo (Released)

020802-N-3580W-001 Arabian Sea (Aug. 2, 2002) -- Sailors from the U.S. Navy guided missile destroyer USS Hopper (DDG 70) homeported in Pearl Harbor, Hawaii, and members of the United States Coast Guard (USCG) Law Enforcement Detachment (LEDET) 106 homeported in San Diego, Calif., prepare to board a merchant vessel suspected of smuggling oil out of Iraq. LEDET-106 is currently assigned enforcement tasks aboard USS Hopper. Boarding teams have been conducting Maritime Interception Operations (MIO) searching for contraband cargo aboard merchant ships in the area to support UN sanctions against Iraq. MIO is a coalition effort that enforces United Nations Security Council Resolutions (UNSCR) imposed against the government of Iraq following the 1991 gulf war. The United Nations prohibits cargo originating from Iraq and any imports not accompanied by a U.N. authorization letter. USS Hopper is currently on a regularly scheduled deployment in support of Operation Enduring Freedom. U.S. Navy photo by Chief Photographer’s Mate Johnny R.Wilson. (RELEASED)