AIR FORCE SPLITS MISSILE-SPACE OFFICER DEVELOPMENT

Minuteman III Missile Launch.  Credit:  U.S. Air Force

FROM: U.S. DEPARTMENT OF DEFENSE
AF splits space, missile career field for officers

2/15/2013 - WASHINGTON (AFNS) -- The Air Force has split the space and missile career field in an effort to ensure more focused development for officers performing these critical missions in increasingly complex operational environments, Air Force officials announced today.

Under the old construct, more than 50 percent of space-coded company grade officers' development time was spent as a missileer, said Col. Joseph Prue, career field manager for space operations officers.

"Space and Missile Operations have become more and more technical in application and execution--each in their own unique ways," said Prue. "This split will enable each career field to continue cultivating technical expertise via separate, yet equally important, avenues in order to be more effective and efficient in meeting current and future AF needs."

This change will allow the Air Force to further strengthen the nuclear enterprise, said Col. Zannis Pappas, the new career field manager for "Nuclear and Missile Operations," or AFSC 13N.

"Over the past four years, we have created distinct training and development tracks for our space and missile officers to further ensure that our Airmen are prepared for the unique challenges of these missions," said Pappas. "The transformation of the career field will allow for deliberate development of specialized skills, technical depth, and experience to prepare for emerging challenges."

The change affects approximately 3,100 officers coded as either "Space Operations" or "Nuclear Missile Operations" within the former 13S career field. Those officers previously coded as "Space Operations" will remain in the 13S career field and those officers previously coded as "Nuclear Missile Operations" will have their AFSCs changed to 13N.

All new Air Force officer accessions headed for careers in the former "Space and Missile Operations" AFSC will be classified as either a "Space Operations" (AFSC 13S) officer or "Nuclear and Missile Operations" (AFSC 13N) officer.

Affected officers should contact their career field managers for more information about how the change will affect them, said Prue.

"The transformation of the career field will give space and missile officers opportunities to develop the depth and breadth they need for command, as well as the opportunity for career-long development in specific mission areas," said Prue.

Weekly Address: Following the President’s Plan for a Strong Middle Class | The White House

Weekly Address: Following the President’s Plan for a Strong Middle Class | The White House

U.S. MILITARY RECRUITMENT CONTINUES STRONG

Photo Credit:  U.S. Navy.

FROM: U.S. DEPARTMENT OF DEFENSE
Recruiting Continues Robust Through December

American Forces Press Service
WASHINGTON, Feb. 15, 2013 - All four active services met or exceeded their target recruiting numbers for the first three 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: 12,396 accessions, 101 percent of its goal of 12,250;

-- Navy: 7,782 accessions, 100 percent of its goal of 7,782;

-- Marine Corps: 6,073 accessions, 100 percent of its goal of 6,058; and

-- Air Force: 6,516 accessions, 100 percent of its goal of 6,516.

The Army, Air Force, and Marine Corps exhibited strong retention numbers for the third month of fiscal 2013, officials said. While the Navy exhibited strong retention numbers in the mid-career and career categories, the Navy's achievement of 86 percent in the initial category is a result of the transition from a downsizing to a stabilizing posture.

Meanwhile, five of the six reserve components met or exceeded their fiscal 2013 recruiting goals for the first three months of the fiscal year. The Army Reserve finished December 572 short of its goal. Here are the numbers:

-- Army National Guard: 12,412 accessions, 103 percent of its goal of 12,015;

-- Army Reserve: 6,450 accessions, 92 percent of its goal of 7,022;

-- Navy Reserve: 1,281 accessions, 100 percent of its goal of 1,281;

-- Marine Corps Reserve: 2,359 accessions, 109 percent of its goal of 2,163;

-- Air National Guard: 2,170 accessions, 100 percent of its goal of 2,170; and

-- Air Force Reserve: 1,872 accessions, 100 percent of its goal of 1,872.

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

THE U.S. NLRB FINDS COMPANY CAN'T FIRE EMPLOYEE FOR DISCUSSING SALARY WITH OTHER EMPLOYEES

FROM U.S. NATIONAL LABOR RELATIONS BOARD

The National Labor Relations Board has found that a Texas engineering firm unlawfully fired an employee for discussing salary information with co-workers, and ordered the company to offer reinstatement and to pay back wages for the time out of work.

Under the board order, which issued February 8, Houston-based Jones & Carter, Inc. also must rescind its policy of forbidding employee discussion of salaries. The National Labor Relations Act protects the rights of workers to discuss their terms and conditions of employment, including wages.

In the absence of exceptions, the Board adopted the November 26 decision of Administrative Law Judge Margaret G. Brakebusch. During trial, company officials said the employee – a training coordinator - was fired for "harassing" other workers. But the judge noted that the same company officials told state unemployment investigators a different story, including that the employee was fired for discussing salaries with other workers, and that sharing such information was a "pet peeve" of the company.

As a result of the Board action, Jones & Carter offered the employee reinstatement to her former position, which she declined. The employer agreed to make the former employee whole by paying her backpay, 401(k) contributions, medical expenses and interest in the total amount of $107,000, to revise its policy to delete the prohibition on employees of discussing their salaries, and to post a Board Notice describing these actions.

U.S. SUES OIL AND GAS COMPANY FOR ALLEGED UNLAWFUL DISCHARGE OF OIL AND CHEMICAL DISPERSANTS

FROM: U.S. DEPARTMENT OF JUSTICE

Monday, February 11, 2013
US Files Lawsuit in Louisiana Against Oil and Gas Company Alleging Unlawful Discharge of Oil and Chemical Dispersants in the Gulf of Mexico

Today the United States filed a civil action against ATP Oil & Gas Corporation and ATP Infrastructure Partners, LP (ATP-IP) for civil penalties and injunctive relief under the Clean Water Act and the Outer Continental Shelf Lands Act. The complaint was filed on behalf of the U.S. Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) and the U.S. Environmental Protection Agency (EPA). The complaint addresses the defendants’ alleged unlawful discharges of oil and unpermitted chemical dispersants from the defendants’ floating oil and gas production platform, the ATP Innovator, into the Gulf of Mexico.

The ATP Innovator is a production facility operating at Lease Block 711 of Mississippi Canyon in the Gulf of Mexico, approximately 45 nautical miles offshore of southeastern Louisiana.

The violations were discovered during a BSEE inspection of the facility in March 2012. Following further investigation by BSEE, the violations were referred to the Department of Justice by BSEE and EPA. The case, United States v. ATP Oil & Gas Corporation et al., was filed in the District Court for the Eastern District of Louisiana.

As alleged in the complaint, ATP failed to properly operate and maintain its wastewater treatment system on the ATP Innovator. As a result, excess oil was discharged into the ocean, and an unauthorized chemical dispersant was added to the oily wastewater discharge to mask the presence of oil on the ocean’s surface. The dispersant was added to the outfall pipe by way of a concealed metal tube that connected a tank of dispersant to the outfall pipe. The connection of the metal tubing to the outfall pipe was located downstream of the sample collection point, making the addition of unauthorized dispersant undetectable in samples that are required to be collected to show compliance with ATP’s Clean Water Act discharge permit.

According to the complaint, the dispersant had been used from at least October 2010 to March 2012. In addition to civil penalties under the Clean Water Act, the complaint also seeks injunctive relief for violations of the Clean Water Act and the Outer Continental Shelf Lands Act.

CONGRESSIONAL TESTIMONY ON EMERGING POWERS

Map:  China.  Credit:  U.S. State Department.

FROM: U.S. DEPARTMENT OF DEFENSE
Scholar: Trends, Emerging Powers Bear Watching
By Amaani Lyle
American Forces Press Service

WASHINGTON, Feb. 13, 2013 - The nation must sustain awareness of technological and geopolitical trends in allies and emerging powers, a National Defense University senior research fellow told a House subcommittee today.

In a hearing of the House Armed Services Committee's subcommittee on intelligence, emerging threats and capabilities, Frank Hoffman stressed the urgency of staying prepared for an ever-broadening array of actors and challenges, rather than a singular one.

"We have to be ready for a broad spectrum of conflicts that range from purely irregular and terrorists at one end to perhaps rising powers with conventional capability to the other," he said.

Hoffman also contested what he called a new "peace theory" circulating throughout Washington in which prominent journals and think tanks have opined that war as most know it has all but disappeared. "There's a pernicious concept ... that the tides of war are receding and that the United States can retrench without risks," he said.

Hoffman acknowledged U.S. successes and the nation's lack of competition from a major power since 1991, but warned against discounting patterns across centuries.

"Great progress has been made in the last decade, but the notion [that] a dramatic change in human nature [can] outweigh 2,000 years of recorded history is tenuous, at best," Hoffman said.
The stability and leadership the U.S. provides the world, a consensus on a Western model based upon rule of law, and global partnerships cause positive assessments in reviewing the last 10 years, he explained.

"We've had extensive peacekeeping support from the international community, to include the [United Nations]," he said. "There's a growth and continued contribution from the conflict-resolution community."

But a number of concerns should give people pause, Hoffman maintained. He described a perceived decline in U.S. capabilities or interest in sustaining its position in the world as emerging powers rise. "History suggests some caution when new, emerging, non-status-quo powers arise," he said.

He also warned of "peace support fatigue" in the international community. "We're going to see a ... lack of domestic support from many allies and other agencies that have been very useful ... in keeping instability down," Hoffman said.

Proxy wars, Hoffman said, also can be catalytic, producing a major war out of what was intended to be a smaller conflict.
He cited resource contention over energy, food, water and rare materials as a "tinderbox for conflicts."

"I see actions in the South China Sea ... and [China's] efforts to secure energy resources and raw assets as something to be taken seriously," he said.

Dwindling incomes and pensions that younger and older demographics will suffer can spur dissent in regions throughout Africa, Asia, the Middle East and southern Europe, Hoffman noted, adding that higher unemployment and subsequent dissent could become the "new normal" in affected nations.

"That will produce more disillusionment and more angry people than ... we've seen in the past, [and] will lead to political instability," he said.

Perhaps one of the more visible and imminent dangers is the divided religions and religious extremism, or "sacred rage," in Islam, which Hoffman said could spur the emergence of other forms of government. "We're creating a lot of fertile ground for al-Qaida and its affiliated movements to take root in some places," he said, "and we're not going to be happy with the results."

Still, the defense scholar noted, the subcommittee's charge is at the cusp of what is emerging in the national security arena and what could generate the greatest risks to the nation's prosperity and security in the next decade.

"Plato had it right: 'Only the dead have seen the end of war,'" Hoffman said. "We may not face another bloody century like the last, ... but the world remains a very dangerous place."

KOSOVO'S NATIONAL DAY

Map:  Kosovo.  Credit:  CIA World Factbook.

FROM: U.S. DEPARTMENT OF STATE
Kosovo's National Day
Press Statement
John Kerry
Secretary of State
Washington, DC
February 15, 2013

On behalf of President Obama and the people of the United States, I am delighted to send best wishes to the people of the Republic of Kosovo as you celebrate your fifth anniversary of independence on February 17.

This past year has been one of great milestones for Kosovo, including the end of Kosovo’s supervised independence, membership of the European Bank for Reconstruction and Development, and progress in the dialogue with Serbia to normalize relations. The United States remains firmly committed to supporting an independent, sovereign, and multiethnic Kosovo. I congratulate Kosovo’s leaders for their dedication to building stronger democratic institutions, advancing new economic opportunities, promoting the rule of law, and reinforcing Kosovo’s European integration path. Continued work in these areas serves to secure lasting regional stability and prosperity for your country.

As you celebrate this special day, know that the United States stands with Kosovo as a partner and friend. I congratulate all the people of Kosovo on this holiday and wish you great success in the year to come.

ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK


The central Balkans were part of the Roman and Byzantine Empires before ethnic Serbs migrated to the territories of modern Kosovo in the 7th century. During the medieval period, Kosovo became the center of a Serbian Empire and saw the construction of many important Serb religious sites, including many architecturally significant Serbian Orthodox monasteries. The defeat of Serbian forces at the Battle of Kosovo in 1389 led to five centuries of Ottoman rule during which large numbers of Turks and Albanians moved to Kosovo. By the end of the 19th century, Albanians replaced the Serbs as the dominant ethnic group in Kosovo. Serbia reacquired control over Kosovo from the Ottoman Empire during the First Balkan War of 1912. After World War II, Kosovo became an autonomous province of Serbia in the Socialist Federal Republic of Yugoslavia (S.F.R.Y.) with status almost equivalent to that of a republic under the 1974 S.F.R.Y. constitution. Despite legislative concessions, Albanian nationalism increased in the 1980s, which led to riots and calls for Kosovo's independence. At the same time, Serb nationalist leaders, such as Slobodan MILOSEVIC, exploited Kosovo Serb claims of maltreatment to secure votes from supporters, many of whom viewed Kosovo as their cultural heartland. Under MILOSEVIC's leadership, Serbia instituted a new constitution in 1989 that revoked Kosovo's status as an autonomous province of Serbia. Kosovo Albanian leaders responded in 1991 by organizing a referendum that declared Kosovo independent. Under MILOSEVIC, Serbia carried out repressive measures against the Albanians in the early 1990s as the unofficial Kosovo government, led by Ibrahim RUGOVA, used passive resistance in an attempt to try to gain international assistance and recognition of an independent Kosovo. Albanians dissatisfied with RUGOVA's passive strategy in the 1990s created the Kosovo Liberation Army and launched an insurgency. Starting in 1998, Serbian military, police, and paramilitary forces under MILOSEVIC conducted a brutal counterinsurgency campaign that resulted in massacres and massive expulsions of ethnic Albanians. Approximately 800,000 Albanians were forced from their homes in Kosovo during this time. International attempts to mediate the conflict failed, and MILOSEVIC's rejection of a proposed settlement led to a three-month NATO military operation against Serbia beginning in March 1999 that forced Serbia to agree to withdraw its military and police forces from Kosovo. UN Security Council Resolution 1244 (1999) placed Kosovo under a transitional administration, the UN Interim Administration Mission in Kosovo (UNMIK), pending a determination of Kosovo's future status. A UN-led process began in late 2005 to determine Kosovo's final status. The negotiations ran in stages between 2006 and 2007, but ended without agreement between Belgrade and Pristina. On 17 February 2008, the Kosovo Assembly declared Kosovo independent. Since then, over 85 countries have recognized Kosovo, and it has joined the International Monetary Fund and World Bank. Serbia continues to reject Kosovo's independence and in October 2008, it sought an advisory opinion from the International Court of Justice (ICJ) on the legality under international law of Kosovo's declaration of independence. The ICJ released the advisory opinion in July 2010 affirming that Kosovo's declaration of independence did not violate general principles of international law, UN Security Council Resolution 1244, or the Constitutive Framework. The opinion was closely tailored to Kosovo's unique history and circumstances.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY

The Military Sealift Command joint high-speed vessel USNS Spearhead (JHSV-1) pulls into Naval Station Mayport to be inspected by Rear. Adm. Sinclair M. Harris, the commander of U.S. 4th Fleet. Spearhead is the first of of nine Navy joint high-speed vessels and is designed for rapid intra-theater transport of troops and military equipment. U.S. Navy photo by Mass Communication Specialist 3rd Class Damian Berg (Released) 130214-N-TC587-016

CH-46E Sea Knight helicopters assigned to Marine Medium Helicopter Squadron (HMM) 262 take off from the amphibious assault ship USS Bonhomme Richard (LHD 6). The Bonhomme Richard Amphibious Ready Group, on deployment in the U.S. 7th Fleet area of responsibility, is taking part in Cobra Gold 2013, a Thai-U.S. co-sponsored multinational joint exercise. U.S. Navy photo by Mass Communication Specialist 2nd Class Adam M. Bennett (Released) 130214-N-SO729-284

Remarks to the United States Agency for International Development (USAID) Headquarters

Remarks to the United States Agency for International Development (USAID) Headquarters

THE 'NIGHT SHINING'

FROM: NASA
Station Crew Sees 'Night-Shining' Clouds

In both the Earth's Northern and Southern Hemispheres polar mesospheric clouds are at the peak of their visibility, during their respective late spring and early summer seasons. Visible from aircraft in flight, the International Space Station and from the ground at twilight, the clouds typically appear as delicate, shining threads against the darkness of space--hence their other names of noctilucent or "night-shining"

On June 13, 2012, when this image was taken from the space station as it passed over the Tibetan Plateau, polar mesospheric clouds were also visible to aircraft flying over Canada. In addition to the still image above, the station crew took a time-lapse image sequence of polar mesospheric clouds several days earlier on June 5, while passing over western Asia. It is first such sequence of images of the phenomena taken from orbit.


Polar mesospheric clouds form between 47 to 53 miles (76 to 85 kilometers) above Earth’s surface when there is sufficient water vapor at these high altitudes to freeze into ice crystals. The clouds are illuminated by the sun when it is just below the visible horizon, lending them their night-shining properties. In addition to the polar mesospheric clouds trending across the center of the image, lower layers of the atmosphere are also illuminated. The lowest layer of the atmosphere visible in this image--the stratosphere--is indicated by dim orange and red tones near the horizon.

Image Credit: NASA

MORTAGE SERVICING COMPANY TO PAY $35 MILLION TO RESOLVE CRIMINAL FRAUD CASE

FROM: U.S. DEPARTMENT OF JUSTICE
Friday, February 15, 2013
Florida-Based Lender Processing Services Inc. to Pay $35 Million in Agreement to Resolve Criminal Fraud Violations Following Guilty Plea from Subsidiary CEO

Agreement Also Follows Closure of Subsidiary DocX Operations
Lender Processing Services Inc. (LPS), a publicly traded mortgage servicing company based in Jacksonville, Fla., has agreed to pay $35 million in criminal penalties and forfeiture to address its 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 settlement, which follows a felony guilty plea from the chief executive officer of wholly owned LPS subsidiary DocX LLC, was announced today by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney for the Middle District of Florida Robert E. O’Neill.

The non-prosecution agreement, which LPS entered into today with the U.S. Department of Justice and the U.S. Attorney’s Office for the Middle District of Florida, requires the company to make the payment and meet a series of other conditions.

Lorraine Brown, the former CEO of DocX LLC, pleaded guilty on Nov. 20, 2012, in federal court in Jacksonville to conspiracy to commit mail and wire fraud. During her guilty plea, Brown admitted to her leadership role in the scheme.

LPS has taken a number of remedial actions to address the misconduct at DocX. Among other things, LPS has wound down all of DocX’s operations, re-executed and re-filed mortgage assignments as appropriate and terminated Brown and others. LPS has also demonstrated changes in its compliance, training and overall approach to ensuring its adherence to the law, and has retained an independent consultant to review and report on LPS’s document execution practices; assess related operational, compliance, legal and reputational risks; and establish a plan for reimbursing any financial injuries to mortgage servicers or borrowers.

According to the statement of facts accompanying the agreement, before its wind-down, DocX was in the business of assisting residential mortgage servicers with creating and executing mortgage-related documents to be filed with property recorders’ offices throughout the United States. Employees of DocX, at the direction of Brown and others, falsified signatures on the documents. Through this scheme and unbeknownst to the clients, Brown and subordinates at DocX directed authorized signers to allow other, unauthorized personnel to sign and to have documents notarized as if they were executed by authorized signers. These signing practices were used at DocX from at least March 2003 until late 2009, and were implemented to increase profits.

Also to increase profits, Brown hired temporary workers to sign as authorized signers. These temporary employees would sign mortgage-related documents at a much lower cost and without the quality controls represented to clients. These documents were then falsely notarized by employees at DocX, allowing the fraud scheme to remain undetected.

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.

In entering into the non-prosecution agreement with LPS, the Justice Department took several factors into consideration. Soon after discovering the misconduct at DocX, LPS conducted a thorough internal investigation, reported all of its findings to the government, cooperated with the government’s investigation and effectively remediated any problems it discovered. The government’s investigation also revealed that Brown and others at DocX took various steps to actively conceal the misconduct from detection, including from LPS senior management and auditors.

Brown, 51, of Alpharetta, Ga., faces a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. She is scheduled to be sentenced on April 23, 2013, before U.S. District Judge Henry Lee Adams Jr. in Jacksonville.

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

FINAL JUDGEMENT ENTERED IN INSIDER TRADING CASE

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

Court Enters Final Judgments Against Former Wall Street Banker, Downstream Russian Trader and Trader’s Wife in Insider Trading Scheme


The Securities and Exchange Commission announced that on January 14, 2013, the Honorable Alvin K. Hellerstein of the United States District Court for the Southern District of New York entered a final judgment by default against defendant Alexander Vorobiev ("Vorobiev") and his wife, relief defendant Tatiana Vorobieva ("Vorobieva") (collectively, the "Vorobievs"), for their role in a serial scheme involving insider trading ahead of numerous health care-related acquisitions, tender offers, and other transactions.

Also, the Commission announced that on October 3, 2012, Judge Hellerstein entered a final judgment against Igor Poteroba ("Poteroba"), formerly an investment banker with UBS Securities LLC ("UBS"), who also had been charged in this matter with insider trading for misappropriating highly confidential inside information from UBS about those health care transactions and tipping that information to his friend, Aleksey Koval ("Koval"), also a financial professional, who, in turn, tipped Vorobiev.

The Commission's complaint, filed on March 24, 2010, alleges that, from at least July 2005 through February 2009, Poteroba, Koval, and Vorobiev participated in an insider trading ring that netted over $1 million in illicit profits. According to the complaint, Poteroba was the source of material, nonpublic information about eleven impending corporate transactions, which he obtained through his work as an investment banker in UBS's Global Healthcare Group. Poteroba misappropriated the material, nonpublic information from his employer and its clients in breach of duties of confidentiality that he owed them. Pursuant to the insider trading scheme as described in the complaint, Poteroba tipped defendant Koval, with the material, nonpublic information, and Koval, in turn, tipped his friend Vorobiev and placed trades through an account maintained by Vorobiev. The Commission's complaint alleges that both Koval and Vorobiev traded securities on the basis of that information. Because Vorobiev conducted some of the trading using his wife’s accounts, Vorobieva was named as a relief defendant.

Poteroba previously had been permanently enjoined from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and Rule 14e-3 thereunder (see Litigation Release No. 21681 (Oct. 4, 2010)). On September 28, 2010, the Commission entered an order barring Poteroba from association with any broker, dealer, or investment adviser. In a parallel criminal proceeding, on December 21, 2010, Poteroba pleaded guilty to securities fraud and conspiracy to commit securities fraud.

The final judgment in the civil action against Poteroba found him liable for disgorgement in the amount of $416,336, representing profits obtained as a result of the conduct alleged in the Complaint, together with prejudgment interest in the amount of $49,071. The final judgment deemed these amounts satisfied by Poteroba’s payment of a forfeiture of $465,095 in a parallel criminal proceeding. No civil penalty was imposed on Poteroba in the final judgment. In the criminal proceeding, Poteroba had been sentenced to twenty-two months of imprisonment and ordered to pay a penalty of $25,000.

The Vorobievs failed to respond to the complaint and the Commission moved for entry of judgment by default. The final judgment in the civil action against Vorobiev: (1) permanently enjoined him from violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and Rule 14e-3 thereunder; (2) found him liable for disgorgement in the amount of $146,541.20, representing profits obtained as a result of the conduct alleged in the Complaint, together with prejudgment interest in the amount of $21,389.80; and (3) imposed a civil penalty of $1,885,382.12, for a total judgment award of $2,053,313.73. In partial satisfaction of that award, the Court ordered that more than $220,000 in funds held in brokerage accounts in Vorobiev’s name, previously frozen by court order in the SEC’s action, be remitted to the SEC for transfer to the U.S. Treasury.

The final judgment against Vorobieva found her liable for disgorgement in the amount of $481,919.71, representing profits obtained as a result of the conduct alleged in the Complaint, together with prejudgment interest in the amount of $70,343.12, for a total judgment award of $552,262.83. In partial satisfaction of that award, the Court ordered that nearly $125,000 in funds held in brokerage accounts in Vorobieva’s name, also frozen by court order in the SEC’s action, be remitted to the SEC for transfer to the U.S. Treasury.

The Commission's civil action against defendant Koval remains pending before the Court.

TRANSOCEAN PLEADS GUILTY AND WILL PAY $400 MILLION FOR ROLE IN DEEPWATER HORIZON DISASTER

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, February 14, 2013
Transocean Pleads Guilty, Is Sentenced to Pay $400 Million in Criminal Penalties for Criminal Conduct Leading to Deepwater Horizon Disaster

Second Corporate Guilty Plea Obtained by Deepwater Horizon Task Force, Second-largest Criminal Clean Water Act Fines and Penalties in U.S. History

Transocean Deepwater Inc. pleaded guilty today to a violation of the Clean Water Act (CWA) for its illegal conduct leading to the 2010 Deepwater Horizon disaster, and was sentenced to pay $400 million in criminal fines and penalties, Attorney General Holder announced today.

In total, the amount of fines and other criminal penalties imposed on Transocean are the second-largest environmental crime recovery in U.S. history – following the historic $4 billion criminal sentence imposed on BP Exploration and Production Inc. in connection with the same disaster.

"Transocean’s guilty plea and sentencing are the latest steps in the department’s ongoing efforts to seek justice on behalf of the victims of the Deepwater Horizon disaster," said Attorney General Holder. "Most of the $400 million criminal recovery – one of the largest for an environmental crime in U.S. history – will go toward protecting, restoring and rebuilding the Gulf Coast region."

"The Deepwater Horizon explosion was a senseless tragedy that could have been avoided," said Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division. "Eleven men died, and the Gulf’s waters, shorelines, communities and economies suffered enormous damage. With today’s guilty plea, BP and Transocean have now both been held criminally accountable for their roles in this disaster."

Transocean’s guilty plea was accepted, and the sentence was imposed, by U.S. District Judge Jane Triche Milazzo of the Eastern District of Louisiana. During the guilty plea and sentencing proceeding, Judge Milazzo found, among other things, that the sentence appropriately reflects Transocean’s role in the offense conduct, and that the criminal payments directed to the National Academy of Sciences and National Fish and Wildlife Foundation are appropriately designed to help remedy the harm to the Gulf of Mexico caused by Transocean’s actions. The judge also noted that the fines and five year probationary period provide just punishment and adequate deterrence.

Transocean pleaded guilty to an information, previously filed in federal court in New Orleans, charging the company with violating the CWA. During the guilty plea proceeding today, Transocean admitted that members of its crew onboard the Deepwater Horizon, acting at the direction of BP’s well site leaders, known as "company men," were negligent in failing to investigate fully clear indications that the Macondo well was not secure and that oil and gas were flowing into the well.

The criminal resolution is structured to directly benefit the Gulf region. Under the order entered by the court pursuant to the plea agreement, $150 million of the $400 million criminal recovery is dedicated to acquiring, restoring, preserving and conserving – in consultation with appropriate state and other resource managers – the marine and coastal environments, ecosystems and bird and wildlife habitat in the Gulf of Mexico and bordering states harmed by the Deepwater Horizon oil spill. This portion of the criminal recovery will also be directed to significant barrier island restoration and/or river diversion off the coast of Louisiana to further benefit and improve coastal wetlands affected by the spill. An additional $150 million will be used to fund improved oil spill prevention and response efforts in the Gulf through research, development, education and training.

Transocean was also sentenced, according to the plea agreement, to five years of probation – the maximum term of probation permitted by law.

A separate proposed civil consent decree, which resolves the United States’ civil CWA penalty claims, imposes a record $1 billion civil Clean Water Act penalty, and requires significant measures to improve performance and prevent recurrence, is pending before U.S. District Judge Carl J. Barbier of the Eastern District of Louisiana.

The charges and allegations pending against individuals in related cases are merely accusations, and those individuals are considered innocent unless and until proven guilty.

The guilty plea and sentencing announced today are part of the ongoing criminal investigation by the Deepwater Horizon Task Force into matters related to the April 2010 Gulf oil spill. The Deepwater Horizon Task Force, based in New Orleans, is supervised by Assistant Attorney General Breuer and led by Deputy Assistant Attorney General John D. Buretta, who serves as the director of the task force. The task force includes prosecutors from the Criminal Division and the Environment and Natural Resources Division of the Department of Justice; the U.S. Attorney’s Office for the Eastern District of Louisiana, as well as other U.S. Attorneys’ Offices; and investigating agents from: the FBI; Environmental Protection Agency, Criminal Investigative Division; Environmental Protection Agency, Office of Inspector General; Department of Interior, Office of Inspector General; National Oceanic and Atmospheric Administration, Office of Law Enforcement; U.S. Coast Guard; U.S. Fish and Wildlife Service; and the Louisiana Department of Environmental Quality.

This case was prosecuted by Deepwater Horizon Task Force Director John D. Buretta, Deputy Directors Derek A. Cohen and Avi Gesser, and task force prosecutors Richard R. Pickens II, Scott M. Cullen, Colin Black and Rohan Virginkar.

U.S. Department Of State Daily Press Briefing - February 15, 2013

Daily Press Briefing - February 15, 2013

West Wing Week: 02/15/13 or “You’re a Hero” | The White House

West Wing Week: 02/15/13 or “You’re a Hero” | The White House

U.S. EDUCATION DEPARTMENT AWARDS $3 MILLION FOR HURRICANE SANDY RECOVERY AID

FROM: U.S. DEPARTMENT OF EDUCATION
U.S. Department of Education Awards $3 Million to Connecticut, New Jersey, New York, and New York City to Aid in Recovery from Hurricane Sandy

February 14, 2013

The U.S. Department of Education’s Office of Safe and Healthy Students has awarded $3 million in Project School Emergency Response to Violence (SERV) grants to Connecticut ($250,000), New Jersey ($1.25 million), New York ($500,000) and New York City ($1 million) to assist with recovery efforts in the wake of Hurricane Sandy. The widespread damage of the storm was particularly devastating to these communities.

Project SERV grants provide critical support to districts that have experienced a significant traumatic event and need resources to respond, recover, and re-establish safe environments for students. The Office of Safe and Healthy Students has awarded more than $31.5 million to 104 grantees, including Connecticut, New Jersey, New York and New York City, since the grant program began in 2001.

"Project SERV grants provide key support to students and communities as they continue to deal with the aftermath of Hurricane Sandy," U.S. Secretary of Education Arne Duncan said. "These funds help the learning process continue and make resources available to students and educators who may still be dealing with the trauma of last fall’s devastating hurricane."

The three states—Connecticut, New Jersey and New York—will identify school districts and schools that were hardest hit by the storm. New York state’s funds may go to any district except New York City, as it is receiving a separate grant. All four grantees will use the funds to provide education-related services where the learning environment has been disrupted due to the storm’s effects. These services may include mental-health assessments, referrals and services; leasing of space to substitute for damaged buildings; emergency transportation; temporary security measures; and overtime pay for teachers, counselors, law enforcement and security officers, and other staff. Within 75 days after receiving their funds, the grantees will submit reports to the Department describing the basis for distributing the funds and the activities that are planned

Trust your doctor

Trust your doctor

U.S. SECRETARY OF STATE KERRY AND EUROPEAN UNION REP. ASHTON MAKE REMARKS TO PRESS

FROM: U.S. DEPARTMENT OF STATE

Remarks With European Union High Representative Catherine Ashton Before Their Meeting
Remarks
John Kerry
Secretary of State
Treaty Room
Washington, DC
February 14, 2013

SECRETARY KERRY:
Well, good afternoon, everybody. I am very, very happy to welcome my friend, Lady Catherine Ashton, here. We are the veterans of some wonderful dinners and meetings together. I think we have had a meeting of the minds on many occasion in the past, so I’m very happy to have you come back here.

First of all, let me just begin by saying to everybody that a lot has been written in the last year or so about America’s increased efforts in Asia Pacific. And I want to emphasize with Cathy, who we’ve talked about this previously, that the rebalancing that President Obama is engaged in does not and will not come at the expense of any relationship in Europe whatsoever. In fact, we want more engagement with Europe, and we think Europe can be more of a partner in those efforts, which is one of the reasons that President Obama is so firmly committed, as he said in the State of the Union message, to a trade and investment partnership initiative with Europe.

And I think Europe is, I hope, excited by it. I think there are huge possibilities. Both of our economies can benefit by this engagement. There’s an enormous amount of benefit for our citizens throughout Europe and here in the United States. We can create jobs. We will have greater market clout as a consequence of that. And I think this is something we can get through. We all know the difficulties, but I think this moment is one that we could really get through. And we’re going to talk about that in a little bit.

We’re very, very grateful to Cathy Ashton and her leadership and the EU for their efforts on the humanitarian side with respect to Syria. And we will continue to work together to try to end the violence and respond to the humanitarian crisis.

We also have as good a partnership as I think anyone’s ever had across the Atlantic with respect to Iran. The P-5+1 initiative, which Cathy Ashton is leading, is a critical effort to avoid confrontation and to provide for a peaceful resolution to the challenge of the Iranian nuclear program. And I’ve talked before with her about that. We’ll continue that discussion today. We hope that the talks in Almaty in a few days can show some further progress, perhaps open some additional opportunities. So I wish her well in that.

And I want to just congratulate her on a superb effort personally. I think she’s visited the prime players in the Balkans in the Serbia-Kosovo continued challenges, and she’s really working diligently to be able to try to bring parties together and get a final resolution to that. So I wish her well in that.

And I can’t tell you how terrific it is to welcome you here. We see each other everywhere else, and now I finally get to say hi here. So we’d like to hear your thoughts.

HIGH REPRESENTATIVE ASHTON: Well, thank you. There’s nowhere better on Valentine’s Day to be – (laughter) – than in Washington, D.C. to celebrate this great partnership. And as I’ve said to you before, we want to be your most reliable partner.

Europe and the United States share many things. We share the same values; we share the same aspirations for our people, economic and political. And the opportunity of being able to deepen those economic ties is very exciting. It’s very exciting across the 27 countries of the European Union. I think it’s very exciting here, too.

I was the trade commissioner. I joke about that I did beef economics with my dear friend Ron Kirk. It was tough, but with political will and the good support of industry, we can achieve an enormous amount. And I think we can do this and do it in good time. And you and I will have a role to play in that in terms of the political strengths we can bring to this. But I do think this is something that will add great value to our relationship, and as importantly to support our economies and to support our people with jobs.

And on a political front, well, it’s not a surprise for me that I wanted to come here to talk to you, because next week I host the most important part of the Serbia-Kosovo dialogue, where the Prime Minister will come for two days. The United States is an incredibly valuable partner in that effort.

And then from there, I will go to Almaty to lead the discussions with Iran. I always look for success in those and I will do my best on behalf of the P-5+1, or E-3+3 as we call it – it’s still six, whichever way you do it. But it’s important that we continue to try and make our efforts successful in that regard.

And then so much else in our neighborhood particularly where we need to continue to support the people of Syria and the countries around, who are now dealing with refugees coming across the border and worry about the future. I’m thinking too that when this violence ends, we will need to help rebuild.

And of course for us too, when we think about the Middle East peace process, (inaudible) undoubtedly you and I will be in discussion.

But most importantly to say congratulations to you, Secretary Kerry. It’s great to see you here, and I’m so looking forward to working with you.

SECRETARY KERRY: Thank you, Cathy. I neglected to mention and I do want to mention the Quartet component of the peace process is important, and we’re going to talk about sort of how we move forward from here in the Middle East peace process. So we have a lot to talk about. We’ve got to get to it.

9-11 MASTERMIND SUSPECT CASE CONTINUES

World Trade Center After Attack.  Credit:  U.S. Navy

FROM: U.S. DEPARTMENT OF DEFENSE
Justice Rolls Slowly in Alleged 9/11 Suspects' Case
By Donna Miles
American Forces Press Service

FORT MEADE, Md., Feb. 15, 2013 - The latest round of pre-trial hearings for the alleged 9/11 mastermind and four accomplices wrapped up yesterday at Naval Station Guantanamo Bay, Cuba, much as it started: with hours of wrangling over legal and privacy issues and continued protests by the defense team that the system is rigged.

Army Col. James Pohl, the commission judge, concluded four days of pre-trial hearings in the case against Khalid Sheikh Mohammed, and accomplices Walid Muhammad Salih Mubarak Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi.

All five defendants were captured in Pakistan in 2002 and 2003 and have been confined at Guantanamo Bay since 2006.

They were charged during their arraignment in May 2012 with terrorism, conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft. The prosecution has since requested that the conspiracy charge be dropped.

Among the most significant developments during this week's proceedings was the revelation that microphones as well as cameras have been hidden in several locations around the detention facility -- including inside what looked like smoke detectors in rooms where defense attorneys meet with their clients.

Detention officials told the court these measures were taken for security reasons only, and prosecutors insisted that they have never eavesdropped on privileged conversations between the defendants and their counsel. The defense, however, called the mere presence of the microphones an ethics violation that undermines their ability to provide a valid defense.

Pohl ordered that the microphones be removed from rooms where the attorneys meet with clients, and agreed to a defense request that they be held so they can be inspected later, if the defense wishes to.

Defense attorneys also charged that the defendants' property, including confidential mail from their lawyers, had been seized from their cells this week while they appeared in court. Bin Attash, who was among those who reported missing items, stood up and began to address the judge about the matter. Pohl threatened to have him removed from the courtroom if he did not sit down, but assured him he would have an opportunity to speak later, under oath.

Navy Lt. Cdr. George Masucco, the detention facility's assistant staff judge advocate, told the court that the guards seized what they believed to be contraband materials during routine safety inspections earlier this week. Among the suspect material was a photo of the Grand Mosque in Mecca, Saudi Arabia, a metal pen, toilet paper that had English writing on it and mail that had not been properly marked to indicate it had been reviewed for content.

Masucco confirmed during cross examination that some of the challenged materials, including the photo, did, in fact, have the proper markings. However, he noted that some of those stamps didn't conform to established detention center requirements, such as the reviewer's initials.

Defense Attorney Cheryl Bormann argued that repeated inspections of the same materials by guards who rotate through assignments at Guantanamo Bay amounts to harassment. This led to a long discussion about the difference between an inspection and a search, and who needs to be present when one is conducted.

Army Brig. Gen. Mark Martins, chief prosecutor for the Office of Military Commissions, told the judge the camp commander would conduct an investigation to determine facts regarding the latest seizures. That information will be reported to the court within seven days, he said.

In addition, Pohl gave the defense a week to come up with recommended language about inspection protocols, and said the prosecution will get a week to comment on it. Based on that input, the judge said he will make a ruling to clear up future confusion.

In another matter, Navy Cmdr. Walter Ruiz, one of the defense attorneys, told the judge he had not received the support he needed within the timeframe he needed it, including security clearances for the translator he had requested.

Retired Navy Adm. Bruce MacDonald, the convening authority for the commissions, disputed Ruiz' claim, telling the court during testimony delivered via teleconference that he had complied with the defense's requests. MacDonald said he will step down from his three-year appointment when it expires March 21, before the next series of pre-trial hearings, scheduled for April.

All five defendants appeared in the courtroom yesterday. Mohammed, with a bright red beard, wore a traditional white turban and, in a concession the court granted at an earlier pre-trial hearing, a camouflage vest.

A Terra vista do espaço: canyon americano

A Terra vista do espaço: canyon americano