Tuesday, February 5, 2013
MARINER 10 SHOWS A CLOUDY VENUS
FROM: NASA
Mariner 10's Portrait of VenusOn Feb. 5, 1974, Mariner 10 took this first close-up photo of Venus.
Made using an ultraviolet filter in its imaging system, the photo has been color-enhanced to bring out Venus's cloudy atmosphere as the human eye would see it. Venus is perpetually blanketed by a thick veil of clouds high in carbon dioxide and its surface temperature approaches 900 degrees Fahrenheit.
Launched on Nov. 3, 1973 atop an Atlas-Centaur rocket, Mariner 10 flew by Venus in 1974. Image Credit-NASA
INTERNATIONAL HOLOCAUST REMEMBRANCE DAY
FROM: U.S. STATE DEPARTMENT
International Holocaust Remembrance Day Event
Remarks
Michael G. Kozak
Acting Special Envoy to Monitor and Combat Anti-Semitism
Acting Special Envoy to Monitor and Combat Anti-Semitism
Washington, DC
January 28, 2013
Thank you for joining us this afternoon in the Dean Acheson auditorium to mark International Holocaust Remembrance Day. On behalf of the Bureau of Democracy, Human Rights and Labor, welcome to today’s commemoration. Today we honor the millions of victims of the Holocaust and learn more about the ‘Holocaust by Bullets’ that took place in Eastern Europe and the former Soviet Union during World War II.
When many of us reflect on the Holocaust, the horrific gas chambers and ovens of the death camps of Auschwitz and Treblinka immediately come to mind. Yet in parts of Eastern Europe and the former Soviet Union, there was a less known part of the terrible genocide perpetrated against Jews, Roma, and other victims of the Nazis and their allies between 1941 and 1945. To the East of the line drawn by Hitler and Stalin in 1939 dividing Europe and starting WWII, the Nazis committed a low tech but equally murderous genocide. During this period, death squads of German soldiers or local collaborators dug pits, marched their victims to them, and machine gunned the men, women and children whose only crime was being born Jewish or otherwise considered “inferior” by the murderous Nazi regime. Millions of men, women and children died this way, their remains covered over in unmarked mass graves. Virtually no one escaped. In the death camps in the West, some victims were kept alive temporarily to serve as slave labor or to help “administer” the death camps until their turn came. In the East, you were picked up and killed within hours.
During my time as the U.S. Ambassador to Belarus, I saw just how the legacy of this abomination still affects the entire population. It is part of the everyday experience of people living there. You do not need to go to a death camp to be confronted with the evidence of mass murder. You drive or walk past a depression in the earth and someone will say, “Oh, that is where they killed my grandparents.” I drove past a mass grave on my way to work each morning (albeit one containing victims of the NKVD). My wife taught aerobics in a gymnasium, the courtyard of which was a mass grave containing thousands. My USAID coordinator found where her grandparents were presumably killed; the depression in the earth made a convenient place for a garbage dump. Minsk and other cities in Belarus before the war had large Jewish populations, in some cases Jews comprised the majority. Street signs were in Yiddish as well as Russian. After the war all but a handful of the Belarusian Jews were dead. The story was similar in the Baltics and Ukraine and in parts of the Russian Federation.
This ‘Holocaust by Bullets’ was the subject of a documentary produced by Yahad-In Unum, an organization whose goal is to systematically identify and document every mass execution site during the Second World War.
We are honored to have with us today as a panelist Father Patrick Desbois, one of the founders and the current President of Yahad-In Unum. Yahad-In Unum means ‘unity’ in Hebrew and Latin, and the mission of Father Desbois and his colleagues is to truly bring unity out of the discord of the past carefully and deliberately created by the Nazi State. To quote Father Desbois, Yahad-In Unum’s “objectives are to substantiate this ‘Holocaust by Bullets’, to irrevocably refute the Holocaust deniers of today and tomorrow, to serve as a permanent warning to humanity of the dangers of genocide and to allow for the respectful remembrance of the fallen.”
In this spirit of remembrance of the past and action in the future, I am very pleased that Dr. Suzanne Brown-Fleming, Director of Visiting Scholar Programs at the United States Holocaust Memorial Museum, is among today’s panelists. One of the great tragedies of the Holocaust is that the message ‘Never Again!’ was unfortunately not heeded in many parts of the world in the latter half of the 20th century and the beginning of this century. Through the work of Dr. Brown-Fleming and her colleagues at the Holocaust Museum here in Washington, the Museum is marking its 20th anniversary this year with the theme of ‘Never Again – What You Do Matters’. This anniversary theme, “asks America to renew its pledge to honor Holocaust survivors and World War II veterans and challenges today’s generations to act on the lessons of the Holocaust and fulfill the promise of “Never Again.” ”
President Obama has taken up that challenge. Soon after entering office, he signed Presidential Study Directive 10 making the prevention of atrocities a key focus of this Administration’s foreign policy, both a core national security interest and a core moral responsibility of the United States. Our other panelist, my friend Victoria Holt, Deputy Assistant Secretary in the Bureau of International Organization Affairs, is especially qualified to address current efforts to ensure that mass murder such as occurred during the Holocaust is never repeated. Tori was an expert leader for the Genocide Prevention Task Force -- led by former Secretaries Albright and Cohen -- that recommended the creation of an Atrocities Prevention Board, which the President created in 2011. Unfortunately, one of our scheduled panelists, Julia Fromholz, Special Assistant to Under Secretary of State for Civilian Security, Democracy, and Human Rights Maria Otero, is unwell and unable to be with us this afternoon. Julia in her life in the NGO world developed the key training module we and other agencies use in this field, and now serves as the coordinator within the State Department of our efforts to use the Atrocity Prevention Board to make a difference.
Our moderator today will be my esteemed colleague, U.S. Special Envoy for Holocaust Issues, Douglas Davidson. The Department of State office that he leads seeks to bring a measure of justice and assistance to Holocaust victims and their families and to create an infrastructure to assure that the Holocaust is remembered properly and accurately. This is an important issue in our bilateral relations with European countries and with the State of Israel. Much of the office's work relates to bringing closure to issues left outstanding during the Cold War.
In a few moments, we will watch the brief documentary by Yahad-In Unum, called ‘Holocaust by Bullets’, which I mentioned previously. It will be followed by several taped testimonials from actual eye witnesses from the former Soviet Union. Afterwards, we will have an opportunity to hear from Father Desbois and the other panelists about their work and engage in an open discussion with members of the audience.
Remembering the Holocaust and pledging to prevent future genocide is not an issue unique to any one country or society. It is a matter of global importance. On January 14, the Greek government joined several European countries by creating a Special Envoy position for Holocaust Issues. Last Thursday, the Senate of Belgium ratified a resolution acknowledging the role of the Belgian government officials during the Holocaust. Many countries have difficulty coming to terms with their roles in history. Belgium’s lawmakers acted courageously in ratifying this resolution. The Belgian government, which currently chairs the International Holocaust Remembrance Alliance, has acted with leadership and commitment in confronting its past. If a country cannot bring itself to recognize where it fell short in combating or actively collaborated with the Nazi genocide over a half century ago, how can we expect them to deal honestly with contemporary atrocities in the making? The object here is not to condemn our ancestors who fell short or fell guilty about them, but to ensure that we recognize what they did and perhaps how they were brought to do it so that we can try to inoculate ourselves and others from falling victim to the same demons. I am pleased that present today are diplomats from the embassies of Austria, Estonia, France, Germany, Greece, Israel, Latvia, Lithuania, Sweden, Ukraine, and the United Kingdom, including Ambassador Marina Kaljurand from the Estonian Embassy, Ambassador Andris Razans from the Latvian Embassy, and Ambassador Zygimantas Pavilionis from the Lithuanian Embassy.
They are joined by representatives from non-governmental organizations, academia, think tanks, and the media, among others. Together, we are all witnesses to the past. And together, we are all future activists.
Please join me in welcoming all of our distinguished guests, panelists and moderator. Thank you.
PRESIDENT OBAMA ASKS CONGRESS TO STOP SEQUESTRATION
FROM: U.S. DEPARTMENT OF DEFESNE
Obama Calls on Congress to Avoid Sequestration
By Jim Garamone
American Forces Press Service
WASHINGTON, Feb. 5, 2013 - President Barack Obama today called on Congress to avoid deep, across-the-board spending cuts looming March 1 under a "sequestration" mechanism in budget law and to take a balanced approach to America's debt problems.
If sequestration happens, hundreds of thousands of Defense Department civilian employees could be furloughed and readiness of the military force will plummet, Pentagon officials have said.
The American economy is poised to make progress in 2013, the president said in remarks at the White House today, but sequestration could put an end to any forward movement.
"We've seen the effects that political dysfunction can have on our progress," Obama said. "The drawn-out process for resolving the 'fiscal cliff' hurt consumer confidence. The threat of massive automatic cuts [has] already started to affect business decisions."
While it is critical for the U.S. government to cut wasteful spending, "we can't just cut our way to prosperity," Obama said.
"Deep, indiscriminate cuts to things like education and training, energy and national security will cost us jobs, and it will slow down our recovery," he added.
The president emphasized that sequestration does not have to happen.
"For all of the drama and disagreements we've had over the past few years, Democrats and Republicans have still been able to come together and cut the deficit by more than $2.5 trillion through a mix of spending cuts and higher rates on taxes for the wealthy," he said.
"A balanced approach has achieved more than $2.5 trillion in deficit reduction," the president continued. "That's more than halfway towards the $4 trillion in deficit reduction that economists and elected officials from both parties believe is required to stabilize our debt."
Obama called on Congress to finish the job with a balanced mix of spending cuts and more tax reform. Though he favors a balanced approach that will solve the problem, the president said, he is realistic.
"I know that a full budget may not be finished before March 1," he said. "And unfortunately, that's the date when a series of harmful automatic cuts to job-creating investments in defense spending ... are scheduled to take effect."
If Congress cannot act immediately on a bigger package, Obama said, "then I believe that they should at least pass a smaller package of spending cuts and tax reforms that would delay the economically damaging effects of the sequester for a few more months until Congress finds a way to replace these cuts with a smarter solution."
There's no reason "that the jobs of thousands of Americans who work in national security or education or clean energy -- not to mention the growth of the entire economy -- should be put in jeopardy just because folks in Washington couldn't come together," he added. "Our economy right now is headed in the right direction, and it will stay that way, as long as there aren't any more self-inflicted wounds coming out of Washington."
AIR FORCE READIES MISSILE COUNTER-MEASURE PROTOTYPE IN MICHIGAN
 |
| Tech. Sgt. John Kerschenheiter, an electrician with the 191st Maintenance Squadron connects wiring for a new antennae to the flight controls of a KC-135 Stratotanker at Selfridge Air National Guard Base, Mich., Jan. 30, 2013. The KC-135, assigned to the 127th Air Refueling Group of the Michigan Air National Guard, was being outfitted with the additional antennae to allow it to serve as a platform for testing a prototype of a new aircraft defense system. (U.S. Air Force photo by Brittani Baisden) |
Michigan base to test missile counter-measure prototype
by Tech. Sgt. Dan Heaton
127th Wing Public Affairs
2/4/2013 - SELFRIDGE AIR NATIONAL GUARD BASE, Mich. (AFNS) -- The Air National Guard has begun installing a new prototype missile counter-measure device on aircraft at Selfridge Air National Guard Base. If tests on the prototype conclude favorably, as expected, the device could mean safer travels for KC-135 Stratotanker aircraft and additional job security for maintenance personnel at the base.
Working in conjunction with the KC-135 Systems Project Office (SPO) at Tinker Air Force Base, aircraft maintenance personnel at Selfridge began work in mid-January preparing a single KC-135 aircraft at the base for a prototype of the LAIRCM - large aircraft infrared countermeasure - system. After several weeks of prep work on the aircraft, the LAIRCM pod, known as The Guardian, will be added to the aircraft and a series of tests will be conducted with the aircraft at an Air Force test range in another state. An exact timeline on the testing project has not been publicly released, but the prototype testing is expected to conclude by late spring or early summer.
"This testing mission is important not only to the Air Force, but to our Army, Navy, Marine Corps and allied partners as well," said Col. Michael Thomas, commander of the Michigan Air National Guard's 127th Wing and a KC-135 pilot at Selfridge. "The work being done by our Airmen on this project will have a direct impact on the future safety of not only aircraft, but the Airmen, Soldiers, Sailors and Marines aboard those aircraft."
The LAIRCM is specifically designed to defeat a portable, man-carried surface-to-air missile. While such missiles don't pose much threat when the KC-135 is refueling another aircraft at a high altitude, the tanker can be susceptible to such weapons while taking off and landing.
Safety in a hostile environment is of particular concern when KC-135s are used to perform one of the key alternate missions of the aircraft - serving as an aeromedical transportation system to move injured military personnel from remote bases to larger hospitals.
"We volunteered to serve as a test site for this project," said Col. David Brooks, commander, 127th Air Refueling Group, a component of the 127th Wing at Selfridge. "First, our maintainers have the skills and abilities necessary to work on this type of project. Second, when anyone in the Air Force thinks about tankers, we want them to think about Selfridge first."
Initial testing of the LAIRCM began with the 190th Air Refueling Wing in Kansas in 2010. After making adjustments from that testing, a prototype of the system was created for the Selfridge tests.
The LAIRCM is a pod that can be attached to the external skin of the aircraft. The receiving aircraft has to be modified to have a receiving plate, an additional antennae and wiring inside the aircraft. Once the aircraft is prepped to be able to accommodate the LAIRCM pod, the pod would only be added to the aircraft - a procedure that only takes a few moments for a trained maintenance crew - on specific missions.
The system, said officials, was designed to be detachable from the aircraft to save on costs as a single LAIRCM pod could be attached and detached to multiple aircraft, as mission requirements change. The Air Force has not finalized plans on how many of the KC-135s in the fleet would be equipped with the necessary equipment to receive a pod. The Air Force has 167 KC-135s in the active duty fleet, 180 with the Air National Guard and 67 with the Air Force Reserve.
The LAIRCM is designed to continuously scan for any threats to the aircraft. If a missile is detected, it jams the incoming missile's guidance system using a laser beam. The system does not require the aircraft pilot or another aircrew member to take action to eliminate a potential threat.
The Air National Guard's LAIRCM test is taking place at the same time as a similiar prototype is being tested with a U.S. Navy C-40 Clipper cargo aircraft.
Selection of the air refueling group at Selfridge to work on the prototype project is a direct result of a certain mind-set found in the maintenance crew in the group, Brooks said.
"When someone says, 'we can't do because...,' we've taken the approach of 'what can we do, what steps can we take, how can we work smarter to get this project done,'" he said.
The unit's mix of full-time aircraft maintainers and traditional, one-weekend-a-month Guard members helps bring new eyes and new ideas to a project, said Chief Master Sgt. Henry Ryan, superintendent of the 191st Maintenance Squadron.
"A lot of our traditional members are engineers, are electricians in their civilian jobs," Ryan said. "Sometimes that can spark an idea. Our full-time people are on the same aircraft all the time, so they get to know an aircraft and that can spark an idea. It's up to leadership then to hear those ideas and be open to them, not just look for ways to say 'no.'"
Earlier this month, roughly 60 or so maintenance Airmen from the 127th Air Refueling Group shared in the receipt of the Wing Commander's Trophy for Excellence in 2012 for dramatically reducing the time an aircraft spends out of commission in a maintenance hangar.
"One thing leads to another," Ryan said. "You're doing good work on bringing your ISO (maintenance) times down and now you have the opportunity to be considered for a new, high-profile project to be brought on to the base."
U.S. GOVERNMENT STRIVES FOR HEALTHIER HOMES
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Federal Agencies Working to Make Homes Healthier
Improving housing quality can dramatically affect the health of residents
WASHINGTON – Several federal agencies today unveiled Advancing Healthy Housing – A Strategy for Action. White House Council on Environmental Quality (CEQ) Chair Nancy Sutley, Environmental Protection Agency (EPA) Administrator Lisa P. Jackson, Secretary of Housing and Urban Development (HUD) Shaun Donovan, Surgeon General Regina Benjamin, M.D., and Deputy Secretary of Energy Daniel Poneman discussed the new plan during an event at the National Building Museum this morning.
The initiative represents a bold new vision for addressing the nation’s health and economic burdens caused by preventable hazards associated with the home. The Strategy for Action encourages federal agencies to take preemptive actions that will help reduce the number of American homes with health and safety hazards.
People in the United States spend about 70% of their time in a home. Currently, millions of U.S. homes have moderate to severe physical housing problems, including dilapidated structure; roofing problems; heating, plumbing, and electrical deficiencies; water leaks and intrusion; pests; damaged paint; and high radon gas levels. These conditions are associated with a wide range of health issues, including unintentional injuries, respiratory illnesses like asthma and radon-induced lung cancer, lead poisoning, result in lost school days for children, as well as lost productivity in the labor force. The health and economic burdens from preventable hazards associated with the home are considerable, and cost billions of dollars.
The Strategy for Action unifies, for the first time, federal action to advance healthy housing, demonstrating the connection between housing conditions and residents’ health. It also promotes strategies and methods intended to reduce in-home health hazards in a cost-effective manner.
"It is clear that unhealthy and unsafe housing has an impact on the health of millions of people in the United States, which is why we must do everything we can to ensure that individuals and families have a healthy place to call home," said HUD Secretary Shaun Donovan. "Today’s announcement will help the federal government unify action to controlling and preventing major housing-related exposures and hazards."
"Thanks to unprecedented collaboration across the federal family and among our many partners, we now have a specific plan for action to address radon and other preventable hazards found in homes across the country. This is important progress, especially when you consider that people spend an estimated 70 percent of their time inside a home," said EPA Administrator Lisa P. Jackson. "At EPA we’re committed to ensuring Americans in all communities have healthy places to live, work and play, and the strategy we announced today is a critical step toward reaching that goal."
"Healthy homes and communities are essential to our quality of life, our productivity, and our economic vitality," said Nancy Sutley, Chair of the Council on Environmental Quality. "Through this plan, Federal agencies have committed to working together to make sure all Americans can count on safe, healthy places to live, grow, and thrive."
Dr. Mary Jean Brown, Chief of CDC’s Healthy Homes and Lead Poisoning Prevention Branch added, "Healthy homes lead to healthier lives. People can take simple steps to protect themselves from health hazards in the home."
"Energy efficiency and healthy homes are inextricably linked," explained U.S. Deputy Secretary of Energy Daniel Poneman. "We cannot, in good conscience, pursue one in the absence of the other. DOE is committed to ensuring that our efforts towards creating an efficient national housing stock also strive to maximize the health and safety of the families we serve."
The overall vision for the Strategy is to reduce the number of American homes with residential health and safety hazards, achieved through five goals:
1. Establish healthy homes recommendation
2. Encourage adoption of healthy homes recommendations
3.Create and support training and workforce development to address health hazards in housing
4. Educate the public about healthy homes
5. Support research that informs and advances healthy housing in a cost-effective manner
RECENT PHOTOS FROM FEDERAL EMERGENCY MANAGEMENT AGENCY
FROM: FEMA
Union Beach, N.J., Jan. 29, 2013 -- The Salvation Army has set up at center in Union Beach, N.J., where Hurricane Sandy survivors can come and get clothing, essentials, and counseling. The Salvation Army is just one of the many organizations FEMA works with during disaster response and recovery. Photo by Liz Roll/FEMA
Union Beach, N.J., Jan. 29, 2013 -- The Salvation Army has set up at center here that Hurricane Sandy survivors can come and get clothing, essentials, and counseling. The Salvation Army is just one of the many organizations FEMA works with during disaster response and recovery. Photo by Liz Roll/FEMA
DEPUTY SECRETARY OF DEFENSE CARTER INSPECT MISSILE BATTERY IN SYRIA
 |
| U.S. Deputy Secretary of Defense Ashton B. Carter speaks to troops on arrival on a Turkish army base at Gaziantep, Turkey, Feb. 4, 2013. Carter was there to see Patriot missile batteries installed with the help of U.S. forces to help deter potential incursions by Syrian forces. DOD photo By Glenn Fawcett. |
Carter Visits Turkish Defense Leaders, U.S. Patriot Battery Troops
By Cheryl Pellerin
American Forces Press Service
ANKARA, Turkey, Feb. 4, 2013 - On his first official visit to this prosperous capital as deputy defense secretary, Ashton B. Carter spent the day with Turkish defense leaders, then traveled southeast to Gaziantep near the Syrian border to examine the first of two U.S. Patriot missile batteries to be located there.
But Carter's first stop was the U.S. Embassy here on Atatürk Boulevard, where on Friday a suicide bomber attacked a checkpoint on the embassy's perimeter, killing Mustafa Akarsu, a guard in his forties and the father of two teenagers.
At the embassy today, Ambassador Frank Ricciardone ordered the American flag flown at half-staff until sunset on Wednesday, and the embassy operated on a reduced-manning schedule.
Those who did come to work to support the deputy secretary's planned visit observed a moment of silence at 1:13 p.m., exactly 72 hours after the bomb went off. The explosion blew out checkpoint windows, creating scattered debris, wounding several people and ending Akarsu's own life as he attempted to save the lives of his colleagues and friends.
Carter met with the ambassador this morning and walked the blast site. He then met with Akarsu's coworkers in the local guard force and with the embassy's seven Marine Corps guards. He also met -- in person and by telephone and digital video conference -- with about 45 embassy staff members from Ankara, Istanbul and the consulate in Adana, as well as with U.S. staff members from Turkey's Incirlik Air Base.
After the bombing, Carter told the embassy staff, "the ambassador called me and said, 'Do you still want to come?' And I said, 'One blankety-blank isn't going to stop us.'"
Carter said that later in the day he would visit the 80 or so Army troops manning and supporting the NATO-led U.S. deployment of two Patriot missile batteries at Gaziantep "because that ... stands for the strength of our alliance and the willingness of America to stand with Turkey at this moment of danger, when so many unsettled things are happening in Syria [that] pose a threat to the people of Turkey."
The deputy secretary added, "We stand with the people and the government of Turkey, and missile defense is just one way we are doing that."
This afternoon Carter began meeting with Turkish defense leaders.
At the Ministry of National Defense, he and Undersecretary of Defense for Industries Murad Bayar met and discussed three major U.S.-Turkey defense acquisition efforts.
Later, at the Ministry of National Defense, Carter met with Defense Minister Ismet Yilmaz, and both made statements ahead of their discussion.
"This unfortunate incident [involving the death of Mustafa Akarsu] has again shown us that the new [era] is one in which cooperation between countries has become more important than ever," Yilmaz said, adding, "The fight against terrorism has great importance and calls for sustained cooperation."
In his remarks, Carter said he planned his trip to Turkey to discuss with Yilmaz and other leaders the military-to-military cooperation long shared by the United States and Turkey in ... counterterrorism, missile defense and every other area of cooperation."
For decades, he added, the United States "has been pleased and honored to be your partners ... [and] we thank the government of Turkey for everything it does to combat terrorism with us."
Later in the day, Carter traveled to a military facility in Gaziantep, just over 60 miles from Aleppo, Syria, where one U.S. Patriot battery is operational and another will be moved from nearby Incirlik as soon as the grounds at the base are prepared for its massive components and the troops required to operate the systems.
The Patriot missile system uses ground-based radar to find, identify and track incoming missile targets. The system can lock onto an incoming missile that's up to 50 miles away. The system can even be made to operate automatically.
Patriot missiles, each weighing nearly a ton, launch from ground-based batteries. A battery is made up of MIM-104 surface--to-air missiles; a launcher that holds, transports, aims and launches the missiles; an MPQ-53 or MPQ-65 radar antenna for detecting incoming missiles; an equipment van called an engagement control station that holds computers and consoles to control the battery; and power-plant truck with two 150-kilowatt generators that power the radar antenna and van. Each Patriot missile battery can have up to 16 launchers.
At the missile launch site, Carter spoke with about 18 soldiers -- men and women -- who operate the site, and then spoke with 80 more in a small theater near the battery site. They're assigned to the 3rd Battalion, 2nd Air Defense Artillery Regiment, based on Fort Sill, Okla.
"I'm so pleased that two days ago you rolled all the way in from Incirlik with all this fantastic equipment," Carter told the troops.
"Your country is watching and the world is watching and what they see is this magnificent performance," he added. "The good people of Gaziantep see it and the good people of Turkey see it and the good people of the Middle East see it and your country sees it. And you know what? The bad guys see it too."
Carter told the young men and women that they're doing a significant thing.
"When you place your next call," the deputy secetary said, "whether it's to a spouse or your mom and dad, kids, if you have them, or good friends ... tell them that you were thanked today by the leadership of your department, the leadership of your country, for what you're doing here."
Tonight, after leaving Turkey, Carter will travel to Amman, Jordan, to meet on Tuesday with U.S. Embassy personnel and government and defense leaders. He'll also have lunch with troops to thank them for their service to the nation.
SEC CHARGES HUSBAND AND WIFE WITH DEFRAUDING SENIOR CITIZENS WITH CHARITY SCHEME
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C., Feb. 4, 2013 — The Securities and Exchange Commission today charged a husband and wife who raised millions of dollars selling investments for a purported charitable organization in Tallahassee, Fla., while defrauding senior citizens and significantly exaggerating the amount of contributions actually made to charity.
The SEC alleges that after Richard K. Olive and Susan L. Olive were hired at We The People Inc., the organization obtained $75 million from more than 400 investors in Florida, Colorado, and Texas among more than 30 states across the country by selling an investment product they described as a charitable gift annuity (CGA). However, the CGAs issued by We The People differed in several ways from CGAs issued legitimately, namely that they were issued primarily to benefit the Olives and other third-party promoters and consultants. Only a small amount of the money raised was actually directed to charitable services. Meanwhile the Olives received more than $1.1 million in salary and commissions, and they also siphoned away investor funds for their personal use. The SEC further alleges that the Olives lured elderly investors with limited investing experience into the scheme by making a number of false representations about the purported value and financial benefits of We The People’s CGAs. The Olives also lied about the safety and security of the investments.
"The Olives raised millions from senior citizens by claiming that We The People’s so-called CGAs provided attractive financial benefits and were re-insured and backed by assets held in trust," said Julie Lutz, Associate Director of the SEC’s Denver Regional Office. "Investors were not given the full story about the true value and security of their investments."
According to the SEC’s complaint against the Olives filed in U.S. District Court for the Southern District of Florida, investors were coaxed to transfer assets including stocks, annuities, real estate, and cash to We The People in exchange for a CGA. We The People claimed to operate as a non-profit organization while it was offering the CGAs from June 2008 to April 2012. However, We The People was not operating as a charity but instead for the primary purpose of issuing CGAs and using the proceeds to pay substantial sums to the Olives, third-party promoters, and consultants. On rare occasions when We The People did actually direct money raised toward charitable services, it was insignificant. For instance, the organization made public statements that it donated $21.8 million in relief aid to AIDS orphans in Zambia, but in fact the supplies were donated by others and We The People merely made a small payment to the third party that was shipping the supplies.
The SEC alleges that We The People’s marketing and promotional materials for the CGA offering contained misrepresentations and omissions including:
False statements about the safety and security of the CGA program including that We The People held in trust a reserve equal to 110 percent of its liabilities and that it "reinsured" its products through "highly rated" commercial insurance companies. We The People did not in fact have any restricted-access trust accounts let alone maintain a reserve in them, and it did not purchase reinsurance from any insurance company to cover its potential liabilities under the CGAs.
Omissions of the previous indictments and regulatory sanctions against Richard and Susan Olive when they previously sold similar products.
Omissions of the sizable commissions that We The People paid to third-party promoters and the Olives on the sale of the CGAs, hiding from investors that these commissions totaled several million dollars.
The SEC’s complaint charges the Olives with violations, or aiding and abetting violations, of the antifraud provisions of the federal securities laws as well as violations of the securities and broker-dealer registration provisions of the federal securities laws. The SEC is seeking disgorgement of ill-gotten gains plus pre- and post-judgment interest and financial penalties against the Olives.
The SEC also filed separate complaints today against We The People as well as the company’s in-house counsel William G. Reeves. They both agreed to settle the charges without admitting or denying the allegations. The settlements are subject to court approval.
We The People consented to a final judgment that will enable the appointment of a receiver to protect more than $60 million of investor assets still held by the company. The final judgment also provides for disgorgement of ill-gotten gains and provides injunctive relief under the antifraud and registration provisions of the federal securities laws.
Reeves entered into a cooperation agreement with the SEC, and the terms of his settlement reflect his assistance in the SEC’s investigation and anticipated cooperation in its pending action against the Olives. Reeves agreed to be suspended from appearing or practicing before the SEC for at least five years, and consented to a final judgment providing injunctive relief under the provisions of the federal securities laws that he violated. The court will determine at a later date whether a financial penalty should be imposed against Reeves.
The SEC’s investigation was conducted by Michael Cates and Ian Karpel in the Denver Regional Office. The SEC’s litigation against the Olives will be led by Nicholas Heinke and Dugan Bliss.
RECENT U.S. NAVY PHOTOS
FROM: U.S. NAVY
The aircraft carrier USS Carl Vinson (CVN 70) gets underway from Naval Air Station North Island to conduct sea trials during the final stage of a six-month planned incremental availability. U.S. Navy photo by Mass Communication Specialist 1st Class Lowell Whitman (Released) 130201-N-HA376-002
Sailors watch Super Bowl XLVII in the hangar bay aboard the aircraft carrier USS Carl Vinson (CVN 70). Carl Vinson is underway conducting sea trials as the final stage of a six-month planned incremental availability. U.S. Navy photo by Mass Communication Specialist 3rd Class Giovanni Squadrito (Released) 130203-N-DI878-346
COURT ENTERS INJUNCTION AGAINST DRUG MANUFACTURER
FROM: U.S. DEPARTMENT OF JUSTICEThursday, January 31, 2013
District Court Enters Permanent Injunction Against Ohio-Based Drug Manufacturer and Company’s Senior Executives
U.S. District Court Judge Lesley Wells entered a consent decree of permanent injunction against Ben Venue Laboratories Inc., a Bedford, Ohio-based drug manufacturer, the Justice Department announced today. The permanent injunction was also entered against George P. Doyle, president and chief executive officer, Kimberly A. Kellermann, vice president of operations, and Douglas A. Rich, vice president of quality operations, for Ben Venue. The department, at the request of the Food and Drug Administration (FDA), asked the court to enter the consent decree.
Ben Venue manufactures numerous generic sterile injectable drug products, including cancer medications. As set forth in the complaint filed by the United States on January 22, FDA conducted an inspection of defendants’ facility from Nov. 7 to Dec. 2, 2011, and documented 10 deviations from current good manufacturing practices. According to the complaint, the FDA found, among other things, that the company failed to create and follow appropriate procedures to prevent contamination of drugs which were purported to be sterile. The FDA also found that the company failed to properly clean and maintain its equipment to ensure the safety and quality of the drugs it manufactured. In addition, the FDA determined that the company failed to conduct adequate investigations of drugs that did not meet their specifications.
Compliance with current good manufacturing practices requirements assures that drugs meet the safety requirements of the law and have the identity and strength and meet the quality and purity characteristics that they purport to or are represented to possess. FDA regulations, which establish minimum current good manufacturing practices applicable to human drugs, require manufacturers to control all aspects of the processes and procedures by which drugs are manufactured in order to prevent the production of unsafe and ineffective products.
According to the complaint, t he deviations observed by FDA during the November - December 2011 inspection were similar to deviations observed by FDA during its many previous inspections of Ben Venue’s facility. During FDA’s May 2011 inspection, FDA documented 48 deviations from current good manufacturing practices including an inadequate quality control unit, inadequate and untimely investigations, inadequately designed aseptic processing areas, poor employee aseptic practices, failure to prevent microbial contamination of drug products purporting to be sterile and failure to determine the root cause for microbial contaminants.
As described in the complaint, FDA’s long inspection and regulatory history of Ben Venue, including 35 inspections since 1997, and approximately 40 recalls since February 2002 associated with drugs manufactured at the Ben Venue facility (including 10 recalls in 2011 and 10 recalls in 2012), reflects a continuing pattern of significant deviations from current good manufacturing practices with its drugs. Some recalls involved drugs contaminated with glass and other particulates. Additional recalls were based on the company’s inability to assure the drug’s sterility. Of the roughly 40 recalls, nine were classified by FDA as "Class I," meaning that FDA determined that there was "a reasonable probability that the use of . . . a violative product will cause serious adverse health consequences or death."
The consent decree entered resolves the complaint by requiring Ben Venue to take a wide range of actions to correct its violations and ensure that they do not happen again. The injunction establishes a series of steps which must occur before Ben Venue can fully resume operations, including the retention of an expert to inspect the company’s facility, the development and then implementation of a remediation plan, and an inspection by FDA to confirm that the company’s manufacturing processes are fully compliant with the law.
"This consent decree restricts Ben Venue from manufacturing and distributing certain drugs until the company fully complies with the law," said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Justice Department’s Civil Division. "As this case demonstrates, the Department of Justice and FDA will work together to protect the health and safety of Americans by making sure that those who produce and distribute prescription drugs follow the law."
"This resolution comes following nearly three dozen inspections which revealed inadequate quality control, including contaminated drugs, and led to approximately 40 recalls on products from this facility alone," said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. "The Justice Department and the Food and Drug Administration will continue to place its highest priority on protecting consumers."
Under the decree, Ben Venue may continue to manufacture and distribute a subset of their drugs (listed on Attachment A to the decree), which FDA has determined are currently in shortage (domestically or abroad) or are vulnerable to shortage. However, prior to distribution of each batch of these drugs, the company’s expert must conduct a batch-by-batch review and certify that no deviations occurred during the manufacture of the drug that would adversely affect the safety or quality of the batch.
Monday, February 4, 2013
HEARING FOR ACCUSED USS COLE BOMBER GOES ON
FROM: U.S. DEPARTMENT OF DEFENSE
Hearing for Accused USS Cole Bomber Continues, Despite Delays
By Donna Miles
American Forces Press Service
FORT MEADE, Feb. 4, 2013 - Pre-trial hearings for the alleged bomber of the USS Cole opened today at Naval Station Guantanamo Bay, Cuba, and encountered issues from both the prosecution and defense that threatened more delays.
The first of four days of pre-trial hearings in the government's case against Abd al Rahim Hussein Mohammed Abdu al-Nashiri opened with the defense asking for a postponement over concerns that third-party monitoring could spill over to confidential attorney-client communications.
Army Col. James L. Pohl, the commission judge, denied the request by Navy Lt Cmdr. Stephen Reyes, saying it was based on unsubstantiated suspicion. The judge upheld prosecutor Anthony Mattivi's argument that the defense bears the burden of proving such allegations and said in his ruling that lacking such proof, the trial will go on.
The debate stemmed from an incident last week during pre-trial hearings for five defendants charged with orchestrating the 9/11 terrorist attacks.
During the Jan. 28 hearing, an unnamed "original classification authority" activated a censor button in the courtroom. The button set off a flashing warning light and blocked about two minutes of audio for everyone observing the proceedings via closed-circuit TV, as well as for media, who sit behind soundproof glass in the courtroom.
The incident caught Pohl and others by surprise, and he ruled last week that in the future, only he will have the authority to block audio feeds believed to contain classified information.
But Reyes told Pohl today the incident opened a Pandora's Box that needs resolution.
"We can't ignore the man behind the curtain," he said, because it is unclear how pervasive the monitoring is. Reyes said the defense team must assume that if a third-party organization is listening in on courtroom activities, it must also assume that it's eavesdropping on other activities, including privileged discussions between defense lawyers and their client.
"We see a tremendous ethical issue here," Reyes said. Until these questions are answered, he said there is no way to effectively defend Nashiri. Civilian defense counsel Richard Kammen told the judge he would not meet with his client outside the courtroom until this issue is resolved.
To address these concerns, Pohl suggested that all microphones at empty desks within the courtroom, as well as at the defense table, be "ripped out" and that attorneys address the court only from the podium. He did not, however, order the removal.
Army Brig. Gen. Mark Martins, chief prosecutor in the Office of Military Commissions, denied any insinuation that the prosecution is listening in on or has any access to privileged communication between the defense and defendant.
The prosecution "actively avoids the confidential communications between an accused and his counsel," he wrote in a statement released today. "This is part of our professional responsibilities and our oaths to serve justice. No one has ever asserted a substantive or credible allegation that the prosecution listens to such communications."
After Pohl's ruling, Reyes asked for a three-hour delay to consult with other members of the defense team. The judge approved the request but chided Reyes for not being prepared to move forward and said all parties should be prepared to do so in the future, regardless of how he rules on their motions.
But the government's case against Nashiri encountered another potential delay as discussion turned to Nashiri's mental competence. Much of today's hearing delved into whether he should be evaluated before the trial goes forward, and by whom.
The prosecution challenged the defense claim that Nashiri suffers from long-term post-traumatic stress disorder allegedly caused by CIA torture before he was transferred to Guantanamo Bay. Navy Cmdr. Andrea Lockhart asked Pohl to order a mental health board to evaluate Nashiri and determine the validity of this claim. Kammen questioned what such an assessment would provide, telling Pohl he lacks faith in whatever "hacks" the convening authority might appoint to conduct it.
The judge authorized a mental health exam. But before it is conducted, he granted the defense's request that Dr. Vincent Iacopino, a member of the Physicians for Human Rights organization, be called on to provide advice on how to conduct it without "doing harm."
Iacopino is expected to testify within the next day or two. Pohl said he would not take up other legal and administrative issues surrounding the case until after the mental-health assessment is complete.
The prosecution asked the judge today to clarify previous rulings that give Nashiri the right to skip court sessions if he chooses, while also allowing him to change his mind during a day's proceedings and be transported to the hearing.
The defense team also requested that Nashiri not be restrained with belly chains when he is moved within the detention facility. Defense attorneys said the chains could bring up past trauma from the period when Nashiri was allegedly restrained while he was tortured.
Prosecutors raised concern that eliminating current security safeguards could threaten the safety of others, including the guard force.
Nashiri, who appeared in court in a traditional white tunic and wore headphones to follow the translated proceedings, is the alleged mastermind behind the attack off the Yemeni coast that killed 17 sailors. He is charged with perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects and hazarding a vessel.
The charges arise out of an attempted attack on the USS The Sullivans in January 2000, the actual attack on the USS Cole in October 2000, and an attack on the motor vessel Limburg -- a civilian oil tanker -- in October 2002.
Nashiri is a Saudi-born member of al-Qaida. U.S. officials allege he was under the personal supervision of Osama bin Laden, and that bin Laden personally approved the attacks on the U.S. Navy ships.
Hearing for Accused USS Cole Bomber Continues, Despite Delays
By Donna Miles
American Forces Press Service
FORT MEADE, Feb. 4, 2013 - Pre-trial hearings for the alleged bomber of the USS Cole opened today at Naval Station Guantanamo Bay, Cuba, and encountered issues from both the prosecution and defense that threatened more delays.
The first of four days of pre-trial hearings in the government's case against Abd al Rahim Hussein Mohammed Abdu al-Nashiri opened with the defense asking for a postponement over concerns that third-party monitoring could spill over to confidential attorney-client communications.
Army Col. James L. Pohl, the commission judge, denied the request by Navy Lt Cmdr. Stephen Reyes, saying it was based on unsubstantiated suspicion. The judge upheld prosecutor Anthony Mattivi's argument that the defense bears the burden of proving such allegations and said in his ruling that lacking such proof, the trial will go on.
The debate stemmed from an incident last week during pre-trial hearings for five defendants charged with orchestrating the 9/11 terrorist attacks.
During the Jan. 28 hearing, an unnamed "original classification authority" activated a censor button in the courtroom. The button set off a flashing warning light and blocked about two minutes of audio for everyone observing the proceedings via closed-circuit TV, as well as for media, who sit behind soundproof glass in the courtroom.
The incident caught Pohl and others by surprise, and he ruled last week that in the future, only he will have the authority to block audio feeds believed to contain classified information.
But Reyes told Pohl today the incident opened a Pandora's Box that needs resolution.
"We can't ignore the man behind the curtain," he said, because it is unclear how pervasive the monitoring is. Reyes said the defense team must assume that if a third-party organization is listening in on courtroom activities, it must also assume that it's eavesdropping on other activities, including privileged discussions between defense lawyers and their client.
"We see a tremendous ethical issue here," Reyes said. Until these questions are answered, he said there is no way to effectively defend Nashiri. Civilian defense counsel Richard Kammen told the judge he would not meet with his client outside the courtroom until this issue is resolved.
To address these concerns, Pohl suggested that all microphones at empty desks within the courtroom, as well as at the defense table, be "ripped out" and that attorneys address the court only from the podium. He did not, however, order the removal.
Army Brig. Gen. Mark Martins, chief prosecutor in the Office of Military Commissions, denied any insinuation that the prosecution is listening in on or has any access to privileged communication between the defense and defendant.
The prosecution "actively avoids the confidential communications between an accused and his counsel," he wrote in a statement released today. "This is part of our professional responsibilities and our oaths to serve justice. No one has ever asserted a substantive or credible allegation that the prosecution listens to such communications."
After Pohl's ruling, Reyes asked for a three-hour delay to consult with other members of the defense team. The judge approved the request but chided Reyes for not being prepared to move forward and said all parties should be prepared to do so in the future, regardless of how he rules on their motions.
But the government's case against Nashiri encountered another potential delay as discussion turned to Nashiri's mental competence. Much of today's hearing delved into whether he should be evaluated before the trial goes forward, and by whom.
The prosecution challenged the defense claim that Nashiri suffers from long-term post-traumatic stress disorder allegedly caused by CIA torture before he was transferred to Guantanamo Bay. Navy Cmdr. Andrea Lockhart asked Pohl to order a mental health board to evaluate Nashiri and determine the validity of this claim. Kammen questioned what such an assessment would provide, telling Pohl he lacks faith in whatever "hacks" the convening authority might appoint to conduct it.
The judge authorized a mental health exam. But before it is conducted, he granted the defense's request that Dr. Vincent Iacopino, a member of the Physicians for Human Rights organization, be called on to provide advice on how to conduct it without "doing harm."
Iacopino is expected to testify within the next day or two. Pohl said he would not take up other legal and administrative issues surrounding the case until after the mental-health assessment is complete.
The prosecution asked the judge today to clarify previous rulings that give Nashiri the right to skip court sessions if he chooses, while also allowing him to change his mind during a day's proceedings and be transported to the hearing.
The defense team also requested that Nashiri not be restrained with belly chains when he is moved within the detention facility. Defense attorneys said the chains could bring up past trauma from the period when Nashiri was allegedly restrained while he was tortured.
Prosecutors raised concern that eliminating current security safeguards could threaten the safety of others, including the guard force.
Nashiri, who appeared in court in a traditional white tunic and wore headphones to follow the translated proceedings, is the alleged mastermind behind the attack off the Yemeni coast that killed 17 sailors. He is charged with perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects and hazarding a vessel.
The charges arise out of an attempted attack on the USS The Sullivans in January 2000, the actual attack on the USS Cole in October 2000, and an attack on the motor vessel Limburg -- a civilian oil tanker -- in October 2002.
Nashiri is a Saudi-born member of al-Qaida. U.S. officials allege he was under the personal supervision of Osama bin Laden, and that bin Laden personally approved the attacks on the U.S. Navy ships.
Subscribe to:
Posts (Atom)