Thursday, January 9, 2014

MEN CHARGED FOR ILLEGAL CAPTURE AND MAIMING OF MOUNTAIN LIONS AND BOBCATS

FROM:  JUSTICE DEPARTMENT 
Wednesday, January 8, 2014
Colorado Big Game Outfitter and Assistant Guide Charged with Conspiracy for Illegal Capture and Maiming of Mountain Lions and Bobcats in Colorado and Utah

Christopher W. Loncarich, 55, of Mack, Colo., and Nicholaus J. Rodgers, 30, of Medford, Or., were charged yesterday in the District of Colorado with conspiracy to violate the Lacey Act, interstate felony transportation and sale of unlawfully taken wildlife, and felony creation of false records concerning wildlife that was sold in interstate commerce.   The 17-count indictment was based on the pair’s practice between 2007 and 2010 of illegally capturing and maiming mountain lions and bobcats as part of a scheme to make hunting the cats easier for their clients.

The indictment alleges Christopher Loncarich is a big game outfitter and hunting guide who operates mainly in   western Colorado on the border with Utah.  Mr. Loncarich outfits and guides hunts for mountain lions and bobcats in the Bookcliffs Mountains, which span the Colorado-Utah border.  Mountain lion and bobcat hunting are labor-intensive pursuits.  The hunting seasons for the cats stretch from November to March when snow is likely to be on the ground.   Guides commonly release highly-trained dogs on the track of the cats after the guides discover a track in the snow.  The process is for the hunting dogs to follow the cat’s scent in the snow, then tree, corner or bay the pursued cat.   At that point a hunter arrives and kills the treed cat.

The allegations include that Mr. Loncarich and his assistant guides devised a scheme whereby they would trap the cats in cages prior to hunts and release the cats when the client was nearby.   Mr. Loncarich, Mr. Rodgers and other guides would communicate by radio to ensure that they took their clients to the location where the cats had been released.   In order to keep the cats in the areas of potential hunts Mr. Loncarich, Mr. Rodgers and other guides would sometimes shoot the cats in the paws or legs or attach leghold traps to them.  Many of the clients Mr. Loncarich and Mr. Rodgers guided did not have proper tags or licenses to take mountain lions or bobcats in Utah.   Despite knowing that the clients were hunting in Utah without proper licenses or tags, the pair continued to guide the hunts.  Ultimately, Mr. Loncarich, Mr. Rodgers and other guides brought the animals taken in Utah back to Colorado.   Mr. Loncarich often took the client to “check in” the illegally taken mountain lions with the Colorado Division of Wildlife (now “Colorado Parks and Wildlife”) where Mr. Loncarich would provide false records to obtain seals for the hides.   Many of the cats were then transported back to the clients’ home states.   To date, four assistant guides have pleaded guilty to offenses arising from the conspiracy.

An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

The case was investigated by the U.S. Fish and Wildlife Service Office of Law Enforcement, Colorado Parks and Wildlife, and Utah Division of Wildlife Resources, and is being prosecuted by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

FDA WARNS CONSUMERS OF POTENTIAL DANGERS OF OVER-THE-COUNTER LAXITIVES

FROM:  FOOD AND DRUG ADMINISTRATION 
Constipation may not be a subject for polite conversation, but it's a condition that bothers many of us on occasion.

The Food and Drug Administration (FDA) is warning consumers that some of the over-the-counter (OTC) laxatives they may turn to for relief are potentially dangerous if dosing instructions or warnings on the Drug Facts label are not properly followed or when there are certain coexisting health conditions. In fact, there have been dozens of reports of serious side effects, including 13 deaths, associated with the use of sodium phosphate laxatives.

The label of sodium phosphate laxatives states that they should be used as a single dose taken once a day, and the products should not be used for more than three days. Equally important, consumers who do not have a bowel movement after taking an oral or rectal dose should not take another dose of the product.

In addition, labeling instructs adults and children to ask health care professionals before using these products if they have kidney disease, heart problems or dehydration.

FDA is now warning that adults older than 55 and adults and children with certain health conditions should ask a health care professional before using these products because they may be at increased risk for harmful side effects. These new warnings are not currently in the Drug Facts label and apply to both adults and children.

who are taking certain drugs that affect how the kidneys work, such as diuretics or fluid medicines; angiotensin-converting enzyme (ACE) inhibitors used to lower blood pressure; angiotensin receptor blockers (ARBs) used to treat high blood pressure, heart, or kidney failure; and nonsteroidal anti-inflammatory drugs (NSAIDs), such as ibuprofen.
with inflammation of the colon.

Constipation is marked by infrequent bowel movements or difficulty in passing stools.

Laxatives—taken both orally and rectally—come in different forms, with different ingredients. The sodium phosphate used in some products is in a class of medications called saline laxatives. This class of laxatives helps promote a bowel movement by drawing water into the bowel, which softens the stool and makes it easier to pass.

Laxative products containing sodium phosphates are marketed under the brand name "Fleet" and also as store brands and generic products. All of them are potentially associated with serious side effects, such as dehydration and/or abnormal levels of electrolytes in the blood that can lead to serious complications, such as kidney damage and sometimes death.

Who is Most at Risk?

According to Mona Khurana, M.D., a medical officer in FDA's Division of Nonprescription Regulation Development and a pediatric nephrologist (a doctor who specializes in children's kidney diseases), the most serious harm in recent reports occurred after consumers overdosed by taking a single dose that was higher than recommended on the drug label or took more than one dose in a day because they had a poor laxative effect from the first dose.
"The bottom line is that these products are safe for otherwise healthy adults and older children for whom dosing instructions are provided on the Drug Facts label as long as they follow these dosing instructions and don't take the product more often, or in greater amounts, than the label instructs," Khurana says.

In recent reviews of harmful side effects reported by consumers and health care professionals, FDA has identified 54 cases of serious side effects associated with the oral or rectal use of OTC sodium phosphate products for the treatment of constipation in adults and children. Thirteen cases were fatal, including one child and 12 adults.

"It is not possible to determine the precise rate of these events as no one knows how many individuals who take these medications may experience side effects," says Khurana, adding, "Not everybody who develops problems in association with sodium phosphate use reports to the FDA."

Can these laxatives be used safely in young children?

"Caregivers should not give these products orally to children under age 5 years without first asking a health care professional. Both caregivers and health care professionals should avoid the rectal use of these drug products in children under age 2 years," Khurana cautions. "These warnings against use in young children are listed on product labeling."

Warning Signs
Consumers taking these laxatives should watch for warning signs of a bad reaction. For example, a rectal dose that is retained and does not produce a bowel movement may cause dehydration and/or serious changes in blood electrolyte levels. Symptoms of dehydration include dry mouth, thirst, reduced urine output, and lightheadedness, especially with changes in position. If the rectal dose is retained in the body longer than 30 minutes, a health care professional should be contacted right away.
The symptoms of kidney injury include drowsiness, sluggishness, a decreased amount of urine, or swelling of the ankles, feet and legs. If you experience any of these symptoms after using laxatives containing sodium phosphates, you should seek medical attention immediately.

If you have any concerns about using the products, particularly for use with young children, talk to your health care professional first, Khurana says.

This article appears on FDA's Consumer Updates page, which features the latest on all FDA-regulated products.

Jan. 8, 2014

READOUT: VICE PRESIDENT BIDEN'S CALL WITH IRAQI PRIME MINISTER AL-MALIKI

FROM:  THE WHITE HOUSE 

Readout of Vice President Biden's Call with Iraqi Prime Minister Nouri al-Maliki
This morning, Vice President Biden spoke with Iraqi Prime Minister Nouri al-Maliki.  The Vice President encouraged the Prime Minister to continue the Iraqi government’s outreach to local, tribal, and national leaders and welcomed the Council of Ministers’ decision to extend state benefits to tribal forces killed or injured in the fight against the Islamic State of Iraq and the Levant (ISIL).  He also welcomed Prime Minister Maliki’s statement earlier today affirming that Iraqi elections will occur as scheduled, as well as the Prime Minister’s commitment to ensuring that humanitarian aid is reaching people in need.  Prime Minister Maliki updated the Vice President on the situation in Anbar province, including a series of political initiatives that are underway at the local and national level. The Vice President underscored that America will support and assist Iraq in its fight against international terrorism.

FUNERAL HOME TO PAY $32,000 TO SETTLE FTC CHARGES

FROM:  FEDERAL TRADE COMMISSION 
New York Funeral Home Will Pay $32,000 to Settle FTC Charges for Funeral Rule Violations

A New York funeral home and its funeral director/owner agreed to pay a $32,000 civil penalty to settle Federal Trade Commission charges for violating the agency’s Funeral Rule, which requires funeral providers to provide information consumers need to compare prices and buy only the funeral services and goods they want.

In May 2012, at the FTC’s request, the United States Attorney for the Southern District of New York charged Harrison Funeral Home Inc. in Harrison, N.Y., and John Balsamo with allegedly failing to provide consumers with an itemized general price list at the beginning of any in person discussion about funeral arrangements; a casket price list at the beginning of any discussion about caskets; and an outer burial container price list at the beginning of any discussion about outer burial containers, as required by the Funeral Rule. An amended complaint was filed in October 2012. The amended complaint was based on inspections by FTC staff posing as consumers seeking to make funeral arrangements.

The FTC conducts undercover inspections every year to ensure funeral homes are complying with the Funeral Rule, which gives consumers important rights when making funeral arrangements. The Rule, issued in 1984, requires funeral homes to provide consumers with itemized price lists at the start of any in-person discussions of funeral arrangements, caskets, and/or outer burial containers. The Rule also requires funeral homes to provide price information by telephone on request. It also prohibits funeral homes from requiring consumers to buy any item, such as a casket, as a condition of obtaining any other funeral good or service.

The consent decree requires the defendants to pay a $32,000 civil penalty, and permanently prohibits them from violating the Funeral Rule.

For more information about the Funeral Rule, read Shopping for Funeral Services and Complying with the Funeral Rule.

The Commission vote to approve the proposed consent judgment was 4-0. The United States Attorney for the Southern District of New York filed it on behalf of the Commission in the U.S. District Court for the Southern District of New York on November 27, 2013.  The judgment was entered by the court on January 2, 2014.

Wednesday, January 8, 2014

PRESIDENT OBAMA'S STATEMENT ON 50TH ANNIVERSARY OF WAR ON POVERTY

FROM:  THE WHITE HOUSE 
Statement by the President on the 50th Anniversary of the War on Poverty

As Americans, we believe that everyone who works hard deserves a chance at opportunity, and that all our citizens deserve some basic measure of security.  And so, 50 years ago, President Johnson declared a War on Poverty to help each and every American fulfill his or her basic hopes.  We created new avenues of opportunity through jobs and education, expanded access to health care for seniors, the poor, and Americans with disabilities, and helped working families make ends meet.  Without Social Security, nearly half of seniors would be living in poverty.  Today, fewer than one in seven do.  Before Medicare, only half of seniors had some form of health insurance.  Today, virtually all do.  And because we expanded pro-work and pro-family programs like the Earned Income Tax Credit, a recent study found that the poverty rate has fallen by nearly 40% since the 1960s, and kept millions from falling into poverty during the Great Recession.

These endeavors didn’t just make us a better country.  They reaffirmed that we are a great country.  They lived up to our best hopes as a people who value the dignity and potential of every human being.  But as every American knows, our work is far from over.  In the richest nation on Earth, far too many children are still born into poverty, far too few have a fair shot to escape it, and Americans of all races and backgrounds experience wages and incomes that aren’t rising, making it harder to share in the opportunities a growing economy provides.  That does not mean, as some suggest, abandoning the War on Poverty.  In fact, if we hadn’t declared “unconditional war on poverty in America,” millions more Americans would be living in poverty today.  Instead, it means we must redouble our efforts to make sure our economy works for every working American.  It means helping our businesses create new jobs with stronger wages and benefits, expanding access to education and health care, rebuilding those communities on the outskirts of hope, and constructing new ladders of opportunity for our people to climb.

We are a country that keeps the promises we’ve made.  And in a 21st century economy, we will make sure that as America grows stronger, this recovery leaves no one behind.  Because for all that has changed in the 50 years since President Johnson dedicated us to this economic and moral mission, one constant of our character has not: we are one nation and one people, and we rise or fall together.

U.S. DEFENSE DEPARTMENT CONTRACTS FOR JANUARY 8, 2014

FROM:  DEFENSE DEPARTMENT 
CONTRACTS
DEFENSE LOGISTICS AGENCY

GE Healthcare, Wauwatosa, Wis., has been awarded a maximum $43,200,000 modification (P00036) exercising the fifth option year of contract (SPM2D1-09-D-8300) for patient monitoring systems, subsystems, accessories, consumables, spare and repair parts, and training.  This is a fixed-price with economic-price-adjustment contract.  Location of performance is Wisconsin with a Jan. 13, 2015 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal 2014 through fiscal 2015 defense working capital funds.  The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa.

McClellan Jet Services*, McClellan, Calif., has been awarded a maximum $37,307,380 fixed-price with economic-price-adjustment contract for into-plane requirement jet fuel.  This contract is a competitive acquisition, and one offer was received.  Location of performance is California with a March 31, 2018 performance completion date.  Using military services are Army, Navy, Air Force, Marine Corps, and federal civilian agencies.  Type of appropriation is fiscal 2014 through fiscal 2018 defense working capital funds.  The contracting activity is the Defense Logistics Agency Energy, Fort Belvoir, Va., (SP0600-14-D-0014).

ARMY

Eisenbraun and Associates, Yankdon, S.D., was awarded a $9,000,000 firm-fixed-price, task order contract for a nationwide survey and mapping of shallow water habitat, floodplain changes and vegetation cover.  Funding and work performance location will be determined with each order.  Estimated completion date is Jan. 7, 2019.  Bids were solicited via the Internet with 27 received.  Army Corps of Engineers, Omaha, Neb., is the contracting activity (W9128F-14-D-0001).

Bering Straits Technical Services LLC, Anchorage, Alaska, was awarded a $6,778,700 modification (P00004) to contract W91ZLK-13-D-0001 to furnish all plant, labor, materials, equipment, services, incidentals, and work to demolish, repair, and construct a variety of paving structures and drainage devices at several areas at Aberdeen Proving Ground, Md.  Funding and work performance location will be determined with each order.  Estimated completion date is Jan. 15, 2015.  Army Contracting Command, Aberdeen Proving Ground, Md., is the contracting activity.

NAVY

BAE Systems Norfolk Ship Repair, Norfolk, Va., is being awarded a $13,895,899 modification to previously awarded contract (N00024-11-C-4407) for the USS Wasp (LHD 1) fiscal 2013 dry-docking planned maintenance availability.  A dry-docking planned maintenance availability includes the planning and execution of depot-level maintenance, alterations, and modifications that will update and improve the ship's military and technical capabilities.  Work will be performed in Norfolk, Va., and is expected to be completed by November 2014.  Fiscal 2014 operations and maintenance, Navy funding in the amount of $13,895,899 will be obligated at time of award and will expire at the end of the current fiscal year.  Norfolk Ship Support Activity, Norfolk, Va., is the administrative contracting activity.

*Veteran Owned Small Business


Weekly Republican Address 1/4/14: Rep. Gregg Harper (R-MS)

MEDICAL CLINIC OWNER PLEADS GUILTY FOR ROLES IN HEALTH CARE FRAUDS TOTALING OVER $20 MILLION

FROM:  JUSTICE DEPARTMENT 
Tuesday, January 7, 2014
Medical Clinic Owner Pleads Guilty in Miami for Role in Multiple Health Care Fraud Schemes Totaling Over $20 Million

The owner and operator of a Miami medical clinic pleaded guilty today in connection with multiple health care fraud schemes involving the defunct clinic Merfi Corp.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office, and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami Office made the announcement.

Isabel Medina, 49, of Miami, pleaded guilty before U.S. District Judge Ursula Ungaro of the Southern District of Florida to conspiracy to commit health care fraud, which carries a maximum penalty of 10 years in prison.   Sentencing has been scheduled for March 14, 2014.

According to court documents, Medina was an owner and operator of Merfi, a Miami medical clinic which employed physicians, physician assistants and other medical professionals who were authorized by law to dispense prescriptions for home health care services.   Through Merfi, Medina and her co-conspirators provided fraudulent home health and therapy prescriptions and other medical documentation to the owners and operators of Flores Home Health Care Inc. and other home health care agencies, as well as to patient recruiters, in return for kickbacks and bribes.

Flores Home Health and these other home health care agencies purported to provide home health and therapy services to Medicare beneficiaries, but were in fact operated for the purpose of billing the Medicare program for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or not provided.

Medina has acknowledged that her involvement in fraudulent schemes at multiple home health care companies, including Flores Home Health, resulted in losses to the Medicare Program exceeding $20 million.

The case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division's Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.   This case is being prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion.   In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

G2 Gas Cloud Simulation (+playlist)

CDC SAYS MOST HEALTH CARE PROVIDERS DON'T DISCUSS ALCOHOL USE

FROM:  CENTERS FOR DISEASE CONTROL AND PREVENTION

Most health care providers don’t talk about alcohol, even when patients drink too much.

Alcohol screening and counseling is an effective but underused health service
Only one in six adults -- and only one in four binge drinkers -- say a health professional has ever discussed alcohol use with them even though drinking too much is harmful to health, according to a new Vital Signs report from the Centers for Disease Control and Prevention.

Even among adults who binge drink 10 or more times a month, only one in three have ever had a health professional talk with them about alcohol use. Binge drinking is defined as consuming four or more drinks for women and five or more drinks for men within 2-3 hours. Talking with a patient about their alcohol use is an important first step in screening and counseling, which has been proven effective in helping people who drink too much to drink less.

A drink is defined as five ounces of wine, 12 ounces of beer, or 1.5 ounces of 80-proof distilled spirits or liquor. At least 38 million adults in the United States drink too much. Most are not alcoholics. Drinking too much causes about 88,000 deaths in the United States each year, and was responsible for about $224 billion in economic costs in 2006. It can also lead to many health and social problems, including heart disease, breast cancer, sexually transmitted diseases, fetal alcohol spectrum disorders, motor-vehicle crashes, and violence.

Alcohol screening and brief counseling can reduce the amount of alcohol consumed on an occasion by 25 percent among those who drink too much. It is recommended for all adults, including pregnant women. As with blood pressure, cholesterol and breast cancer screening, and flu vaccination, it has also been shown to improve health and save money. Through the Affordable Care Act, alcohol screening and brief counseling can be covered by most health insurance plans without copay.

“Drinking too much alcohol has many more health risks than most people realize,” said CDC Director Tom Frieden, M.D., M.P.H. “Alcohol screening and brief counseling can help people set realistic goals for themselves and achieve those goals. Health care workers can provide this service to more patients and involve communities to help people avoid dangerous levels of drinking.”

Health professionals who conduct alcohol screening and brief counseling use a set of questions to screen all patients to determine how much they drink and assess problems associated with drinking. This allows them to counsel those who drink too much about the health dangers, and to refer those who need specialized treatment for alcohol dependence. CDC used 2011 Behavioral Risk Factor Surveillance System data to analyze self-reports of ever being “talked with by a health provider” about alcohol use among U.S. adults aged 18 and older from 44 states and the District of Columbia.

No state or district had more than one in four adults report that a health professional talked with them about their drinking, and only 17 percent of pregnant women reported this. Drinking during pregnancy can seriously harm the developing fetus.

Through the Affordable Care Act, more Americans will have access to health coverage and to no-cost preventive services like alcohol misuse screening and counseling. Visit Healthcare.gov to learn more. Open enrollment in the Marketplace began October 1 and ends March 31, 2014. For those enrolled by Dec. 15, 2013, coverage starts as early as Jan. 1, 2014.

OHIO DEPUTY TREASURER PLEADS GUILTY FOR ROLE IN KICKBACK/MONEY LAUNDERING SCHEME

U.S. JUSTICE DEPARTMENT 
Monday, December 23, 2013
Former Ohio Deputy Treasurer Pleads Guilty for His Role in Kickback and Money Laundering Scheme

The former Ohio deputy treasurer pleaded guilty today for his role in leading a bribery and money laundering scheme involving the Ohio Treasurer’s Office.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, First Assistant U.S. Attorney Mark T. D’Alessandro of the Southern District of Ohio, and Special Agent in Charge Kevin R. Cornelius of the FBI’s Cincinnati Division made the announcement.

Amer Ahmad, 38, of Chicago, appeared before U.S. District Judge Michael H. Watson of the Southern District of Ohio and pleaded guilty to conspiracy, which carries a maximum penalty of five years in prison, and federal program bribery, which carries a maximum penalty of 10 years in prison.   Sentencing will be scheduled at a later date.

According to court documents, from approximately January 2009 through January 2011, Ahmad and others conspired to use Ahmad’s role as deputy treasurer to direct official State of Ohio broker services business to Douglas E. Hampton, 39, a securities broker from Canton, Ohio, in return for payments from Hampton.  Ahmad and Joseph M. Chiavaroli, 33, of Chicago, concealed those payments from Hampton by passing them through the accounts of a landscaping business in which Ahmad and Chiavaroli held ownership interests.   Hampton also funneled in excess of $123,000 to Mohammed Noure Alo, 35, of Columbus, Ohio, an attorney and lobbyist who was Ahmad’s close personal friend and business associate.

As a result of the scheme, Hampton received approximately $3.2 million in commissions for 360 trades on behalf of the Ohio Treasurer’s Office.   Ahmad and his co-conspirators received in excess of $500,000 from Hampton.   Hampton and Chiavaroli entered guilty pleas in August 2013 and Alo pleaded guilty on Dec. 20, 2013.

The case was investigated by the FBI’s Central Ohio Public Corruption Task Force, which includes special agents from the FBI and the Ohio Bureau of Criminal Investigation.  The case is being prosecuted by Assistant U.S. Attorney Douglas W. Squires of the Southern District of Ohio and Trial Attorney Eric L. Gibson of the Criminal Division’s Public Integrity Section.

ANTARES ROCKET ROLLS OUT TO LAUNCH PAD

FROM:  NASA 

An Orbital Sciences Corporation Antares rocket is seen as it is rolled out to Launch Pad-0A at NASA's Wallops Flight Facility, Sunday, Jan. 5, 2014 in advance of a planned Wednesday, Jan. 8th, 1:32 p.m. EST launch, Wallops Island, Va. The Antares will launch a Cygnus spacecraft on a cargo resupply mission to the International Space Station. The Orbital-1 mission is Orbital Sciences' first contracted cargo delivery flight to the space station for NASA. Among the cargo aboard Cygnus set to launch to the space station are science experiments, crew provisions, spare parts and other hardware. Image Credit: NASA-Bill Ingalls

NSF ARTICLE ON PHYSICS OF MOVEMENT FOR DESERT DWELLERS AND ROBOTS

FROM:  NATIONAL SCIENCE FOUNDATION 

Desert dwellers and 'bots reveal physics of movement
The Georgia-Tech based 'CRAB' lab investigates how organisms navigate tricky terrain

Physicist Daniel Goldman and his fellow researchers at the Georgia Institute of Technology shed light on a relatively unexplored subject--how organisms such as sea turtles and lizards move on (or within) sand.

If you've ever struggled to walk with even a modicum of grace on a soft, sandy beach, you may appreciate the question. The answers that Goldman's CRAB lab (Complex Rheology and Biomechanics Laboratory) uncovers--with the help of living animals and biologically inspired robots--deepen our understanding not only of animal survival, evolution and ecology, but also, potentially, the evolution of complex life forms on Earth. The lab's research also assists the design and engineering of robots that must traverse unstable, uneven terrain--those used in search and rescue operations at disaster sites, for example.

Goldman first investigated the properties of sand, which can act like a solid, fluid or even a gas, when he was a doctoral student of physics at University of Texas at Austin. Later, as a postdoc in the University of California-Berkeley lab of biologist Robert J. Full (a leader in the field of nature-inspired robots), he helped investigate locomotion on complex terrain--cockroaches' climbing of vertical surfaces, for example, or spiders running over surfaces with few footholds. A fellow researcher, Wyatt Korrf, was interested in movement on a different kind of complex terrain--granular, shifting media. Goldman became hooked, and the two men started working together.

"Some of the insights and tools we developed then were incredibly helpful in my early and current research, in particular, air fluidized beds as a way to control ground properties," Goldman says.

To a student or lover of critters, Goldman's job might seem like a dream. He has worked with a large variety of desert dwellers and other animals, including geckos, zebra-tailed lizards, sidewinders , ghost crabs, sandfish, wind scorpions, funnel weaver spiders and hatchling loggerhead sea turtles.

In the lab and in the field, he and his colleagues observe these animals as they creep, crawl, walk, run, slither and otherwise transport themselves over or in granular matter. The researchers pin down precise details--the flexible spines on a spider's legs that appear to facilitate movement over a wire mesh, for example, or the way a snake flattens itself when climbing a slope. Then they design robots with the physical elements and movement patterns they want to know more about. With these tests as well as computer simulations and analyses, the team can develop, challenge and refine hypotheses related to physics principles inspired by the animals' movements.

The CRAB lab's cast of robot characters to date includes a robot modeled after baby sea turtles, as well as a sandfish robot.

Flipperbot

Recently, the team studied newly hatched sea turtles hurrying across the beach to the sea--a treacherous journey many of us have seen in nature TV shows.

"The best robots people design and build can't out-compete a hatchling sea turtle whose life consists of swimming all the time and using these appendages on land only for half an hour, running from the nest. If a female makes it to adulthood she will use flippers again, of course, to lay eggs," Goldman said.

For this study, CRAB lab researcher Nicole Mazouchova and research technician Andrei Savu traveled with a mobile lab to Jekyll Island in Georgia. They video-recorded hatchlings' movements on the beach and in a portable test bed. Analyzing the videos back at the lab, they saw that on more packed sand, the baby turtles used their flippers as rigid struts and to pivot. On looser sand, however, the turtles dug in deeper and bent their wrists.

With the help of Flipperbot (you guessed it, a robot with flippers), a poppy-seed-filled test bed, plus theoretical modeling by mechanical engineer Paul Umbanhowar of Northwestern University (who also helped make the 'bot), the team confirmed that the turtles' wrist bending helped them avoid slipping and kept their bodies above the sand, minimizing friction and drag. The model revealed how digging in deeper to more sand provided greater efficacy, keeping the substrate from yielding underfoot.

"We found [the turtle] extremely sensitive to how deep it puts its flippers into the ground and that it did better when it bends its wrists," Goldman said.

They also found the turtles (and Flipperbot) were seriously hindered when trying to navigate sand that had already been disturbed by movement.

Flipperbot--whose movements are surprisingly graceful--is the first robot modeled on sea turtles and tested on granular materials. Its work may someday help engineers make more agile robots as well as advance our understanding of evolution on Earth--especially those first walkers to emerge from the sea.

"There is a lot of speculation about the mechanics which allowed early animals to walk on land," says Goldman. "They had hand-like fins or finlike feet and nobody knows in detail how they would have interacted with flowable substrates (like mud and sand)

"We have an eye on biological questions of existing organisms but also those who could have lived in the past. If you look at gazelles, cheetahs--these animals are incredibly agile over terrestrial ground, and they came from things that had no concept of terrestrial ground."

The Flipperbot findings may be useful in other ways as well, such as informing sea turtle conservation strategies.

Sandfish robot

In various studies, Goldman's team has uncovered patterns that can help the engineering of search and rescue robots designed to move over and into debris piles and wreckage. It confirmed, for example, something scientists long suspected--that the chiseled head of the sandfish--a lizard found in north Africa--helps it dive underground. Robot tests showed that the angular head shape not only reduces drag but also generates greater lift forces.

Using x-ray imaging to reveal how the sandfish moves under the surface, the researchers found that to escape predators the little lizard tucks its limbs close to its body and undulates through the sand--looking like a true swimmer. The sandfish uses a consistent wave pattern from head to tail that pushes its body against the sand and generates forward motion. This wave pattern optimizes speed and energy use.

In a more recent study involving a six-legged robot, the team used 3-D printing technology to make legs of different shapes and physical orientations, and learned that convex robot legs made in the shape of the letter "C" worked out best.

Developing 'terradynamics'

It may be tempting to regard the CRAB lab's unique robots as the end rather than the means of research. But the machines are first a way to develop and confirm hypotheses, Goldman says. The lab, which is funded in part by National Science Foundation's (NSF) Physics of Living Systems and Dynamical Systems programs, is steadily identifying basic principles that will significantly advance understanding of how objects move on or in granular media.

"The idea is to begin to develop a terradynamics--equivalent to aero- and hydrodynamics--which will allow us to predict mobility of devices in these complex environments," Goldman says.

The lab has had recent success in terradynamics, publishing a paper in Science that describes a new approach to predicting how small-legged robots move on sand or other flowing materials. The approach uses the forces (such as drag) applied to independent elements of the robot legs to get a measure of the net force on a moving robot (or animal).

"The lizard swimming in sand gives us a broad understanding behind all animals swimming in true fluids," Goldman says. "Analyzing sandfish turns out sufficiently simple we can use as a baseline to understand other swimmers."

What specific studies are up ahead for the busy Georgia Tech lab? In the near future, the team will test and refine theoretical models as they apply to legs and wheels thrusting into flowing material. They also will be conducting experiments to learn more about wet sand versus dry. And thirdly, they will be looking at the physics involved when teams of organisms, such as fire ants, move and dig within complex terrain.

FLORIDA VEIN CLINIC AGREES TO PAY $400,000 TO RESOLVE FALSE CLAIMS ACT ALLEGATIONS

FROM:  U.S. JUSTICE DEPARTMENT

FOR IMMEDIATE RELEASE
Tuesday, January 7, 2014
United States Government Settles False Claims Act Allegations Against Florida Vein Clinic and Its Owner

A Florida-based physician, Dr. Ravi Sharma, has agreed to pay $400,000 to resolve allegations that he and his clinics violated the False Claims Act by knowingly billing Medicare for vein injections and physician office visits performed by unqualified personnel, the Justice Department announced today.

“Vein injections and other invasive procedures should be performed by appropriately qualified personnel,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery.   “We will not tolerate those who put patients’ health at risk for their personal gain and convenience.”  

The government alleged that, between 2009 and 2010, Sharma owned and operated a clinic in the Tampa area called Premier Vein Centers.   Beginning in 2009, Sharma allegedly sent text messages to his office manager instructing her to perform varicose vein injections on patients when he was not in the office.   The government further alleged that, when Sharma was in the office, he performed unnecessary vein injections and unnecessary ultrasound imaging procedures associated with those vein injections.

Sharma also owned and operated, between 2009 and 2010, a weight loss clinic in the Tampa area called Life’s New Image.   Allegedly, unqualified personnel met with patients of the clinic, but Sharma billed those visits as physician office visits using his own Medicare provider number.   Sharma closed Premier Vein Centers and Life’s New Image in 2010.

“We are pleased to announce this very favorable resolution of our claims against this provider,” said Acting U.S. Attorney for the Middle District of Florida A. Lee Bentley III.   “Again, it demonstrates our commitment to civil health care fraud enforcement in our district.”

The allegations covered by the settlement were originally raised in a lawsuit filed by Patti Lovell, the former office manager for Sharma, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for the submission of false claims and to receive a share of any recovery.   Lovell will receive $72,000.

As part of the settlement, Sharma entered into a three-year Integrity Agreement with the Office of Inspector General of the Department of Health and Human Services.   The agreement requires Sharma to attend training courses provided by the Centers for Medicare and Medicaid Services and provides for an independent external review of his federal health care program coding and billing procedures.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.

The investigation of this matter reflects a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Middle District of Florida and the Department of Health and Human Services Office of Inspector General.

The lawsuit is captioned U.S. ex rel. Lovell v. Ravi Sharma, M.D. and Premier Vein Centers, 12-CV-133 (M.D. Fla.).   The claims resolved by the settlement are allegations only, and there has been no determination of liability.

REMARKS BY SECRETARY OF STATE KERRY AND KOREA FOREIGN MINISTER YUN BYUNG-SE AFTER MEETING

FROM:  STATE DEPARTMENT 
Remarks With Republic of Korea Foreign Minister Yun Byung-se After Their Meeting
Remarks
John Kerry
Secretary of State
Treaty Room
Washington, DC
January 7, 2014

SECRETARY KERRY: Good afternoon, everybody. Thank you for waiting a moment. I apologize for being a little bit late.

This is a homecoming of some kind for Foreign Minister Yun, who completed a degree at SAIS at John Hopkins, so we’re delighted to welcome him back to Washington to his old stomping ground. And it’s a privilege to have him here in a city that he knows very, very well, and to return the favor of his very generous welcome to me when I visited Seoul last spring.

Minister Yun is the first foreign minister that I’ve had the privilege of welcoming here to Washington and the State Department in 2014, and that is clearly from our point of view an indication of the strength of the relationship and the high regard that we hold for our relationship with the Republic of Korea.

As President Obama has said, South Korea is one of our closest allies and greatest friends. Last year, we celebrated a remarkable 60th anniversary of our alliance. And just a few hundred feet from here at the Truman Building is the Korean War Veterans Memorial, where Foreign Minister Yun laid a wreath on Sunday to pay his respects and to honor those who gave their lives from both of our countries in an effort to stand for freedom and democracy. It is a fitting reminder – the memorial and the visit of the foreign minister – of our friendship that was forged through shared sacrifice.

I believe the greatest memorial, though, to the thousands of Koreans and Americans who served and sacrificed together is the deepening solidarity, the deepening strength between our nations, through six decades of partnership and shared prosperity. Our relationship has matured from one that was focused primarily on security to one that is now defined by a very broad and comprehensive partnership. Last year, we participated together in a series of high-level summits and meetings, beginning with President Park’s visit to Washington last spring and continuing through Vice President’s successful visit – Vice President Biden’s successful visit to Seoul last month.

So with this visit we build upon that trust and we build upon the legacy that we celebrated last year, and that is the closeness of our relationship founded in shared values of democracy, human rights, rule of law, and all of which are strengthened through people-to-people ties. Our comprehensive political partnership with the Republic of Korea is a significant example of our overall commitment, the commitment of the United States, to engagement in the Asia Pacific. Indeed, our alliance is the linchpin of security and stability in Northeast Asia.

The United States and the Republic of Korea stand very firmly united, without an inch of daylight between us, not a sliver of daylight, on the subject of opposition to North Korea’s destabilizing nuclear and ballistic missile programs and proliferation activities. And the international community stands with us.

The United States supports President Park’s firm, principled approach to North Korea. I want to confirm that Foreign Minister Yun and I spent the lion’s share of our time – though we touched on a lot of topics, we were deeply focused on the challenge of North Korea, particularly with the events that have taken place in recent weeks in North Korea.

Together, we call upon Pyongyang to start down the path of fulfilling its international obligation and commitments. And most importantly, we call on the Republic – on North Korea to denuclearize. We will not accept North Korea as a nuclear state nor as a nuclear-armed state, and nor will the international community abide by that.

I assured Foreign Minister Yun that we remain fully committed to the defense of the Republic of Korea, including through extended deterrents and putting the full range of U.S. military capabilities in place. We will continue to modernize our capabilities so that we are prepared to face any threat.

We are also working hard to reach agreement on burden sharing and the transfer of wartime operational control so that we can continue the great advances that we have achieved to date.

Today, the people of the United States really do take enormous pride in South Korea’s incredible rise. It’s an example of how we can move from aid to trade. Not so many years ago, the United States of America was giving aid to South Korea for development. Today, South Korea is giving aid to other countries and taking its place among the community of nations in exercising global responsibilities. It’s an example of what we can achieve when the United States does help another nation to define its future and when we create jobs and opportunity here at home, even as we do that.

Our trade relationship with the Republic of Korea is also an example of President Obama’s strategic rebalance in Asia and the benefits of the President’s determination to promote export-led growth. Because of the U.S.-Korea Free Trade Agreement, which will be two years old in a few months, our trade has grown to $130 billion a year. That is an enormous sum. And it is important that we continue to work together so that all of the obligations of our treaty are met.

We also welcome South Korean’s interest in the Trans-Pacific Trade Partnership, which can be the foundation for high-standard trade and shared prosperity throughout the Pacific, and it would create a trading agreement that would include 40 percent of global GDP. That will have a profound impact on the trading practices of the rest of the globe.

Today, the Republic of Korea is not only one of the most dynamic economies in the world; it is also a leading contributor of humanitarian assistance. That commitment was clear in the Republic of Korea’s contributions in the wake of Typhoon Haiyan in the Philippines, where our two nations stand shoulder-to-shoulder, providing urgent relief. And we’re very proud of the efforts that we made together.

I just recently visited the Philippines. I went to Tacloban. I saw exactly, personally how unbelievably destructive that typhoon was. But most importantly, I saw the remarkable efforts of nations joined together in order to help another nation in a time of distress. And no two nations worked more closely together in that effort than we have.

Of course, the Republic of Korea and the United States have also stood side-by-side in Iraq, in Afghanistan. And there is no greater sign of the United States commitment to regional security than the 28,500 U.S. soldiers who are stationed in South Korea.

So the relationship between our two nations has always shown its ability to be able to adapt to face new challenges. And it is clear that the foundations of this relationship are built to endure. Our commitment to one another remains rock solid.

And so I want to thank Foreign Minister Yun for his friendship, for his continued efforts on behalf of both of our peoples, as together we work to make the world more secure and to deal with very complicated and difficult security challenges and humanitarian challenges across the globe. We hope that this year will mark a year of greater prosperity and opportunity and stability and peacefulness for both of our nations and for all of our neighbors. And this marks the first year in the next 60 years of our great alliance. Thank you for being here with us. Appreciate it.

FOREIGN MINISTER YUN: Thank you, Secretary Kerry, for your kind words with regards to me. I have already expressed the meetings with Secretary Kerry so productive and enjoyable without fail. Nevertheless, I believe that we have outdone ourselves today, as our meeting has proved to be all the more timely and significant in a number of ways.

As you recall, President Park and President Obama held a successful summit in May last year. Secretary Kerry and I also enjoyed plentiful discussions throughout the year, sometimes face-to-face, and sometimes on the phone. As a result, our two countries have been able to make notable achievements in a wide range of areas, encompassing bilateral, regional, and global issues. As we embark on a new year’s journey, it has to be said that the latest developments on the Korean Peninsula and in Northeast Asia warrant our special attention and close coordination.

First of all, Secretary Kerry and I reviewed the serious recent developments in North Korea and their potential implications on the Korean Peninsula and beyond. We agreed to enhance policy coordination to tackle North Korean issues, which include maintaining stability on the Korean Peninsula and seeking progress in the resolution of the North Korea nuclear problem. In this light, we decided to intensify our consultations to assess the North Korean situation and explore our policy options. These efforts will ensure that our two countries remain very much on the same page in dealing with uncertain North Korean situation. In the event of any North Korean provocation, the – South Korea and the United States will firmly respond based on our robust combined defense posture. In addition to our actions, we’ll ensure that the UN Security Council will take prompt measures which it deems necessary.

We share the view that it is important to keep China and other related parties closely engaged to achieve substantial progress in the denuclearization of North Korea. In this regard, we agreed to place this issue at the top of our agenda so that we can better cope with the increasing volatility of the nuclear issue arising from the evolving political situation in North Korea.

Going beyond the nuclear issues, we agreed to strengthen our strategic cooperation on building sustainable peace that will pave the way for the unification of the Korean Peninsula. We also redouble our efforts together with the international community, including the United States, to induce North Korea to embrace the path of peace and cooperation through the trust-building process on the Korean Peninsula.

Secretary Kerry and I also recognized the growing uncertainty pervading Northeast Asia in recent times. In particular, I pointed out that historical issues stand in the way of reconciliation and cooperation in this region, and I emphasized the need for sincere actions. The Secretary and I agreed to strengthen our efforts to alleviate tension and promote peace and cooperation in Northeast Asia.

On the U.S. policy of rebalancing to Asia, I welcome this reaffirmation as a positive contribution to the stability and prosperity in the region. In this regard, we underscored that R.O.K.-U.S. alliance will continue to serve as a linchpin of regional peace and stability. Secretary Kerry and I share the view that the R.O.K.-U.S. alliance could not be in a better shape. Building on the achievements we made over the last year, we’ll explore concrete ways to further upgrade our cooperation based on the shared vision of the R.O.K.-U.S. alliance.

We are pleased to note that the consultations regarding the review of transition of wartime operational control are on track. The Secretary and I also agreed to ensure that ongoing negotiations concerning Special Measures Agreement and civil nuclear agreement result in win-win solutions befitting the spirit of our alliance and mutual trust.

We noted that our bilateral trade has registered sharp growth since the R.O.K.-U.S. FTA entered into force two years ago amid global economic downturn and reaffirmed our commitment to further deepen our economic cooperation. Furthermore, we recognized that South Korea’s participation in the TPP will contribute to the economic integration of the Asia Pacific region and agree to expedite bilateral consultations on South Korea’s participation in the TPP negotiation.

Today, I was very pleased to renew my personal friendship with Secretary Kerry. We continue to work together as we embark on the journey into the next 60 years of R.O.K.-U.S. comprehensive strategic alliance. Thank you very much.

SECRETARY KERRY: Byung-se, thank you very much, appreciate it.

FOREIGN MINISTER YUN: Thank you, John.

SECRETARY KERRY: As I was listening to Byung-se talk a moment ago, we were celebrating 60 years of an alliance, and I suddenly thought, 45 years ago, as I heard him refer to R.O.K.'s, I was thinking that in Vietnam when I was a young officer, we worked with R.O.K. troops. I worked with them very directly. So all of a sudden, I’m saying, God, 60-year alliance, but I was there 45 years ago. (Laughter.) That’s a little scary.

Anyway, I thank you for those many, many years of friendship, and your troops were very, very tough and capable people. Thank you, sir.

NSF SAYS SCIENTISTS WILL STUDY "GLOBAL CHIMNEY"

FROM:  NATIONAL SCIENCE FOUNDATION 
Scientists to study Pacific Ocean's "global chimney"

Remote waters affect billions of people, shape climate and air chemistry worldwide.

Although few people live in the Western tropical Pacific Ocean region, the remote waters there affect billions of people by shaping climate and air chemistry worldwide.

Next week, scientists will head to the region to better understand its influence on the atmosphere--including how that influence may change in coming decades if storms over the Pacific become more powerful with rising global temperatures.

With the warmest ocean waters on Earth, the Western tropical Pacific fuels a sort of chimney whose output has global reach.

The region feeds heat and moisture into huge clusters of thunderstorms that loft gases and particles into the stratosphere, where they spread out over the entire planet and influence climate.

"To figure out the future of the air above our heads, we need to go to the western Pacific," said Laura Pan, a scientist at the National Center for Atmospheric Research (NCAR) and one of the principal investigators on the field project.

"This region has been called the holy grail for understanding global air transport, because so much surface air gets lifted by the storms and then spreads globally."

The field project is called CONTRAST (Convective Transport of Active Species in the Tropics). It is funded by the National Science Foundation (NSF), which sponsors NCAR.

More than 40 scientists are taking part from NCAR, the University of Maryland, the University of Miami, other universities across the country and NASA.

CONTRAST, which is based in Guam, is being coordinated with two other field projects in order to give researchers a detailed view of the air masses over the Pacific with a vertical range spanning tens of thousands of feet.

One of these projects, NASA's Airborne Tropical Tropopause Experiment (ATTREX), will use a Global Hawk robotic aerial vehicle to study upper-atmospheric water vapor, which influences global climate.

The other, CAST (Coordinated Airborne Studies in the Tropics), is funded by Britain's Natural Environment Research Council Facility and will deploy a BAe146 research aircraft that will focus on air near the ocean surface.

Together, the sensor-laden research flights will provide a comprehensive view of the atmosphere from the ocean surface, where gases produced by marine organisms enter the air, to the stratosphere, more than 60,000 feet above.

"It's a huge region, and that means we have to use multiple aircraft," said University of Maryland's Ross Salawitch, a CONTRAST principal investigator.

"We will attempt to stage these three airplanes in harmony to measure the atmospheric composition over the western Pacific when both ocean biology and atmospheric storms are raging."

As trade winds blow across the tropical Pacific, they push warm water to the west, where it piles up in and near the CONTRAST study region.

The waters around Guam have the world's highest sea surface temperatures in open oceans. They provide heat and moisture to feed clusters of thunderstorms that lift air through the troposphere (the lowest level of the atmosphere) and the tropopause (a cold, shallow region atop the troposphere) and then up into the stratosphere.

Once in the stratosphere--where the air tends to flow horizontally--the gases and particles spread out around the world and linger for years or even decades.

Some of the gases, such as ozone and water vapor, affect the amount of energy from the sun that reaches Earth's surface.

"Research results from CONTRAST will be extremely important for understanding the ozone-depleting effects of certain chemicals, such as short-lived halogen species like those containing chlorine and bromine, in the tropical upper troposphere and lower stratosphere," said Sylvia Edgerton, program director in NSF's Division of Atmospheric and Geospace Sciences.

"It appears that high particle concentrations in the tropical tropopause can increase the ozone-depleting potential of short-lived halogens in the region," said Edgerton.

The amount of these gases in the stratosphere is important for the planet's climate.

Chemicals such as bromine compounds have indirect effects by destroying ozone or otherwise altering the chemistry of the stratosphere. And the gases produced by ocean organisms create a chemical reaction that can be detected in the stratosphere.

"There are so few measurements of atmospheric composition in this important region of the atmosphere that we expect to be able to significantly advance our understanding with the data we will be able to collect during CONTRAST," said Elliot Atlas of the University of Miami, a CONTRAST principal investigator.

As atmospheric patterns evolve and sea surface temperatures warm further due to climate change, the storm clusters over the Pacific are likely to influence climate in ways that are now challenging to anticipate, NCAR's Pan said.

"Understanding the impact of these storms will help us gain ground truth for improving the chemistry-climate models we use to project future climate," she said.

The CONTRAST team will deploy the NSF/NCAR HIAPER aircraft, a Gulfstream V jet modified for advanced research that will fly at altitudes between about 25,000 and 50,000 feet.

Using spectrometers and other instruments on board, the researchers will measure various chemicals and take air samples across a wide region, both in storm clouds and far away from them.

The measurements will be analyzed in conjunction with data from the ATTREX Global Hawk (covering altitudes up to 65,000 feet) and CAST BAe146 (with observations from the ocean surface to about 20,000 feet).

The researchers are planning as many as 16 flights, targeting both towering storms that loft fresh air into the stratosphere as well as collapsed storms to examine the composition of the air that remains lower down, in the troposphere.

State-of-the-art models of atmospheric chemistry will help guide the research flights in the field, as well as aid in subsequent analysis of the observations.

-NSF-

EXPORT-IMPORT BANK SAYS U.S. EXPORTS TOTALED $2.3 TRILLION OVER LAST 12 MONTHS

FROM:  EXPORT-IMPORT BANK 
U.S. Exports Reach a Record $195 Billion in November

Ex-Im Bank Continues to Support U.S. Jobs by Financing U.S. Exports

Washington, D.C. – The United States exported a record $194.9 billion in goods and services in November 2013, according to data released today by the Bureau of Economic Analysis (BEA) of the U.S. Commerce Department.

“Once again, American entrepreneurs are proving why exports are so critical to our economic growth.” said Export-Import Bank Chairman and President Fred P. Hochberg. “Today’s numbers showcase the importance of exports to the U.S. economy and how Ex-Im Bank plays a critical role in supporting American businesses overseas. We provide critical financing to increase sales and create jobs.”

November’s figure is considerably larger than the previous high recorded in October, which was revised upward this month to $193.1 billion.

Exports of goods and services over the last 12 months totaled $2.3 trillion, which is 43.7 percent above the level of exports in 2009. Over the last twelve months, exports have been growing at an annualized rate of 9.7 percent when compared to 2009.

During the same time period among the major export markets (i.e., markets with at least $6 billion in annual imports of U.S. goods), the countries with the largest annualized increase in U.S. goods purchases, when compared to 2009, were Panama (27.3 percent), Russia (21.3 percent), Hong Kong (20.1 percent), United Arab Emirates (20.0 percent), Peru (19.9 percent), Chile (18.7 percent), Colombia (18.6 percent), Argentina (16.7 percent), Ecuador (16.6 percent), and Indonesia (15.4 percent).

Tuesday, January 7, 2014

EXPERIMENTAL STREAM FACILITIES-DESIGN AND RESEARCH

COMPANY TO PAY $30 MILLION PENALTY TO RESOLVE CHARGES OF FRAUD AGAINST EXECUTIVES

FROM: JUSTICE DEPARTMENT 
Tuesday, January 7, 2014
Medical Device Manufacturer Charged With Major Securities Fraud Scheme

ArthroCare Corporation, a medical device manufacturer based in Austin, Texas, and that trades on the NASDAQ stock exchange, has agreed to pay a $30 million monetary penalty to resolve charges that senior executives at the company engaged in a securities fraud scheme that resulted in more than $400 million in shareholder losses, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Robert Pitman of the Western District of Texas.

John Raffle and David Applegate, both former senior vice presidents of ArthroCare, previously pleaded guilty to conspiracy to commit securities and wire fraud in connection with the fraud scheme.   ArthroCare’s former chief executive officer, Michael Baker, and chief financial officer, Michael Gluk, are scheduled to stand trial on related charges on May 5, 2014.   Defendants are presumed innocent unless and until proven guilty at trial.

As part of the agreed-upon resolution, the department today filed a criminal information in the Western District of Texas charging ArthroCare with one count of conspiracy to commit securities fraud and wire fraud.   In addition to the monetary penalty, ArthroCare also agreed to cooperate with the department in its continuing investigation and prosecution of individuals responsible for the scheme and to continue to implement an enhanced compliance program and internal controls designed to prevent and detect violations of the federal securities laws and federal laws relating to the company’s relationships and transactions with health care providers.   ArthroCare had previously entered into a multi-million dollar settlement agreement with shareholder victims.

In the deferred prosecution agreement, ArthroCare admitted that senior executives of the company inflated ArthroCare’s revenue by tens of millions of dollars; concealed the nature and financial significance of ArthroCare’s relationship with its largest distributor, DiscoCare Inc., and other distributors; and used a series of sham transactions to manipulate ArthroCare’s revenue and earnings as reported to investors.   ArthroCare admitted that its executives determined the type and amount of product to be shipped to distributors, notably DiscoCare, based on ArthroCare’s need to meet sales forecasts, rather than the distributors’ actual orders.

ArthroCare further admitted that these executives and others then caused ArthroCare to “park” millions of dollars worth of ArthroCare’s medical devices at its distributors at the end of each relevant quarter so the company could report these shipments as sales in its quarterly and annual filings and so the company would appear to have met or exceeded internal and external earnings forecasts.

According to the Information, between December 2005 and December 2008, ArthroCare’s shareholders held more than 25 million shares of ArthroCare stock.   On July 21, 2008, after ArthroCare announced publicly that it would be restating its previously reported financial results from the third quarter 2006 through the first quarter 2008 to reflect the results of an internal investigation, the price of ArthroCare shares dropped from $40.03 to $23.21 per share.  The drop in ArthroCare’s share price caused an immediate loss in shareholder value of more than $400 million.

This case was investigated by the FBI’s Austin Field Office.  The case is being prosecuted by Deputy Chief Benjamin D. Singer and Trial Attorneys Henry P. Van Dyck and William Chang of the Criminal Division’s Fraud Section.   Significant assistance was provided by the SEC’s Fort Worth, Texas, Office.

U.S. DEFENSE DEPARTMENT CONTRACTS FOR DECEMBER 7, 2014

FROM:  DEFENSE DEPARTMENT 
NAVY

Vigor Shipyards Inc., Seattle, Wash., is being awarded a not-to-exceed $33,077,000 undefinitized contract action to previously awarded contract (N00024-11-C-4401) for repair and alteration of the USS Momsen (DDG 82).  The USS Momsen will be undergoing a docking selected restricted availability which is the opportunity in the ship’s life cycle to primarily conduct repair and alteration to systems and hull not available when the ship is waterborne.  Work will be performed in Seattle, Wash., and is expected to be completed by October 2014.  Fiscal 2014 operations and maintenance, Navy funding in the amount of $22,298,229 will be obligated at time of award and will not expire at the end of the current fiscal year.  The Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Bremerton, Wash., is the contracting activity.

Correction:  The contract announced Dec. 27, 2013 to  Lockheed Martin Corp., Mission Systems and Training, Manassas, Va., for $84,650,745 -- contract number should have read N00024-11-C-6294 not N00024-13-C-6272.

AIR FORCE

Aerospace Testing Alliance, Tullahoma, Tenn., has been awarded a $22,950,459 cost-plus-award-fee modification (P00321) on an existing contract (F40600-03-C-0001) to continue operations, maintenance, information management and support of Arnold Engineering Development Complex.  Work will be performed at Arnold Air Force Base, Tenn., and is expected to be completed by Sept. 30, 2014.  This modification does not obligate funds at time of award.  Air Force Test Center/PZZ, Arnold Air Force Base, Tenn., is the contracting activity.

ARMY

Law Company Inc., Wichita, Kan., was awarded a $20,078,900 firm-fixed-price contract to construct an unmanned aerial vehicle hanger.  Fiscal 2014 military construction funds in the amount of $20,078,900 were obligated at the time of the award.  Estimated completion date is July 7, 2015.  Bids were solicited via the Internet with seven received.  Work will be performed at Fort Riley, Kan.  Army Corps of Engineers, Kansas City, Mo., is the contracting activity (W912DQ-14-C-4003).

Bell Helicopter Textron, Inc, Hurst, Texas, was awarded an $18,556,810 modification (P00010) to contract W58RGZ-12-C-0030 to procure six additional months of contractor logistics support for Bell 407, Huey, Jet Ranger, and OH-58A&C helicopters.  Fiscal 2014 funds in the amount of $18,556,810 were obligated at the time of the award.  Estimated completion date is Aug. 8, 2014.  Work will be performed in Al Taji, Iraq and Piney Flats, Tenn.  Army Contracting Command, Redstone Arsenal, Ala., is the contracting activity.

Tetra Tech/Pond Joint Venture, Louisville, Ky., was awarded a $9,500,000 firm-fixed-price contract for architectural and engineering services for Army, Air Force, and other military and civil works primarily within the Great Lakes and Ohio River Division boundaries.  Funding and work performance location will be determined with each order.  Estimated completion date is Jan. 8, 2018.  One bid was solicited with one received.  Army Corps of Engineers, Louisville, Ky., is the contracting activity (W912QR-14-D-0004).

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