Friday, July 25, 2014

PLASTICS AND COCONUTS: MATERIALS FOR HOMES AND AUTOMOBILES

FROM:  NATIONAL SCIENCE FOUNDATION 
Transforming waste in order to transform people's lives
Essentium Materials converts coconut husk fibers into materials for cars and homes

When Elisa Teipel, and her collaborators began their research several years ago, their goal was to take an agricultural waste product of little value--in this case, fibers extracted from coconut husks--and turn it into an environmentally-friendly, valuable commodity.

Equally important, Teipel, along with colleagues Ryan Vano, husband Blake Teipel, and Matt Kirby wanted the project to help the local economies where they obtained the raw materials.

Today their new company, the College Station, Texas-based Essentium Materials, is turning out automotive trunk liners, load floors (battery pack covers in electric cars), and living wall planters, among other things, with technology they developed that produces a composite material made of coconut husks combined with recycled plastics.

The result is greener and cost neutral, as well as stronger and stiffer, than the traditional all-synthetic plastic fibers, and with natural anti-microbial properties due to a high lignin content.

"The coolest part is seeing something that was once just waste become a new resource," Teipel says. "Also, it is benefitting both the environment and the communities in developing nations where the coconuts are grown."

The researchers estimate that replacing synthetic polyester fibers with coconut husk fibers, known as coir, will reduce petroleum consumption by 2-4 million barrels and carbon dioxide emissions by 450,000 tons annually.

Also, the improved performance and lower weight of these materials will lead to cost savings through increased fuel economy, saving up to 3 million gallons of gasoline per year in the United States, according to Teipel.

Ninety-five percent of the 50 billion coconuts grown worldwide are owned by 10 million coconut farmers whose average income is less than $2 a day, she says. Moreover, about 85 percent of the coconut husks currently create pollution when they are treated like trash. "The successful adoption of these new composite materials within North American markets would in many cases double the annual income for these farmers," she says.

Essentium's work is supported by a $1,018,475 grant from the National Science Foundation (NSF) through its small business innovation research program (SBIR) in the directorate for engineering.

"Projects that use waste materials as a feedstock to create value-added products are a perfect fit for NSF SBIR because we look to support entrepreneurs who can 'do good by doing well,"' says Ben Schrag, the project's program director at NSF. "We believe that small businesses with innovative technology hold the key to solving many of the broader societal and environmental problems faced by the country and the world.

"New material concepts that incorporate waste materials are also becoming increasingly attractive to many consumers and businesses," he adds. "This is creating significant opportunities for shrewd and dedicated technologists and entrepreneurs."

The idea to use coconut husk material originated about seven years ago when Teipel was in graduate school.

"We were really interested in seeing how we could help people in other parts of the world with economic development work," she says. "Initially, we were looking in Papua New Guinea. A former professor of mine, Walter Bradley, who has since retired from Baylor University, suggested we look at available materials and what we could do with them, initially to produce electricity.

"Coconut was one of the most readily available materials that farmers and people in the community had access to," she adds. "So we took a look and wondered whether coconut was a viable engineering material, and what we could do with it."

At the time, farmers harvested coconuts only to produce coconut milk and coconut oil, while the husks and fiber were considered waste. Yet the students believed they could take the fibers and convert them into a usable product while "elevating both the dignity of the people and the dignity of the resources," she says.

It was a process of trial and error to develop the material in the lab, then try it in a production setting. "The initial phase of the research was to try to understand the inherent properties of these waste materials to determine viable applications," Teipel says. "We discovered that coconut fiber, for example, is a large, stiff fiber with a very high elongation (25-40 percent), making it a natural choice for molded automotive products."

The team then worked with several manufacturing companies to develop different material blends and densities, testing out material blends, such as experimenting with different binder fibers, and processing techniques. "During the commercial development phase, it was important to ensure that these materials with natural content could pass the strict automotive standards such as odor and flammability in order to be approved for use in vehicles," she says.

Today Essentium works in the Philippines with local community development groups to extract the fibers from the husks and shells, work conducted close to the plants where the coconut milk and meat processing occurs.

The fibers are separated from the husk then packed and shipped to the United States where they are combined with other fibers, often recycled and reclaimed fibers, and turned into a material that resembles felt. This nonwoven felt can then be molded or formed into parts that can go into a vehicle.

"The coconut fiber nonwoven material, the first product from the EssenTex™ line, was launched in the Ford Focus Electric vehicle in the load floor," Teipel says. "There are other parts that should be released in the next 12 months. Outside of automotive, the EssenTex™ line has found a home as a moisture mat absorber in the BrightGreen living wall planter available at Williams Sonoma and Home Depot nation-wide."

Essentium also has coconut waste products from the coconut shell in a bio-recycled part on the Ford F-250 Super Duty, and in a kitchen cutting board called "Coco-poly" available at Bed, Bath & Beyond, she adds.

"Our company was built from the idea that you can turn waste into resource," she says. "New materials provide opportunities for engineering applications worldwide and more importantly for farmers abroad waste can be new found treasure.

"As materials people, we understand the importance of selecting and developing the right materials for the job, and recognize that there are many waste streams that can be utilized to create new and better materials and products that have more benefits than just better performance," she adds. "Ultimately, our company is about transforming waste in order to transform people's lives. We want our engineering decisions to improve people's lives and make the world a better place."

-- Marlene Cimons, National Science Foundation
Investigators
Elisa Teipel
David Greer
Frederik Karssenberg
Related Institutions/Organizations
Essentium Materials LLC

Thursday, July 24, 2014

MESSAGE TO CONGRESS REGARDING U.S.-GREAT BRITAIN COOPERATION REGARDING USES OF ATOMIC ENERGY FOR DEFENSE

FROM:  THE WHITE HOUSE 

Message to the Congress -- Amendment Between the United States and the United Kingdom of Great Britain and Northern Ireland

TO THE CONGRESS OF THE UNITED STATES:
I am pleased to transmit to the Congress, pursuant to section 123 d. of the Atomic Energy Act of 1954, as amended, the text of an amendment (the "Amendment") to the Agreement Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes of July 3, 1958, as amended (the "1958 Agreement").  I am also pleased to transmit my written approval, authorization, and determination concerning the Amendment.  The joint unclassified letter submitted to me by the Secretaries of Defense and Energy providing a summary position on the unclassified portions of the Amendment is also enclosed. The joint classified letter and classified portions of the Amendment are being transmitted separately via appropriate channels.
The Amendment extends for 10 years (until December 31, 2024), provisions of the 1958 Agreement that permit the transfer between the United States and the United Kingdom of classified information concerning atomic weapons; nuclear technology and controlled nuclear information; material and equipment for the development of defense plans; training of personnel; evaluation of potential enemy capability; development of delivery systems; and the research, development, and design of military reactors.  Additional revisions to portions of the Amendment and Annexes have been made to ensure consistency with current United States and United Kingdom policies and practice regarding nuclear threat reduction, naval nuclear propulsion, and personnel security.
In my judgment, the Amendment meets all statutory requirements.  The United Kingdom intends to continue to maintain viable nuclear forces into the foreseeable future. Based on our previous close cooperation, and the fact that the United Kingdom continues to commit its nuclear forces to the North Atlantic Treaty Organization, I have concluded it is in the United States national interest to continue to assist the United Kingdom in maintaining a credible nuclear deterrent.
I have approved the Amendment, authorized its execution, and urge that the Congress give it favorable consideration.
BARACK OBAMA

U.S. DEFENSE DEPARTMENT CONTRACTS FOR JULY 24, 2014

FROM:  U.S. DEFENSE DEPARTMENT 

CONTRACTS

DEFENSE THREAT REDUCTION AGENCY

Cubic Applications, Inc., San Diego, California, was awarded a maximum $500,000,000 indefinite-delivery/indefinite-quantity contract for J3/7 chemical, biological, radiological, nuclear, and high-yield explosive (CBRNE) exercise, training, capability assessment and capacity development support services. This contract provides for support services to DTRA's Building Partnerships Divisions and functions in the daily performance and execution of the Building Partnership mission. Work will be performed at various locations, with an expected completion date of July 2024. Funding will be obligated at the task order level. This contract was a competitive acquisition, and five offers were received. The Defense Threat Reduction Agency, Fort Belvoir, Virginia, is the contracting activity (HDTRA1-14-D-0013).

NAVY

Lockheed Martin Mission Systems and Training, Moorestown, New Jersey, is being awarded a $40,662,000 not-to-exceed contract for the production of one multi-mission signal processor equipment set, ballistic missile defense 4.0.2 equipment, and Aegis Weapon System upgraded equipment to support fielding Aegis modernization capabilities to the fleet. Work will be performed in Moorestown, New Jersey (57.8 percent); Clearwater, Florida (41.5 percent); and Owego, New York (0.7 percent), and is expected to be completed by March 2016. Fiscal 2014 other procurement (Navy) and fiscal 2014 defense procurement contract funds in the amount of $20,331,000 will be obligated at time of award and will not expire at the end of the current fiscal year. This contract was not competitively procured pursuant to 10 U.S. C. 2304(c)(1), as implemented by FAR 6.302-1. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity (N00024-14-C-5106).

Bechtel Plant Machinery Inc., Monroeville, Pennsylvania, is being awarded a $39,437,949 cost-plus-fixed-fee modification to a previously awarded contract (N00024-12-C-2106) for naval nuclear propulsion components. Work will be performed in Monroeville, Pennsylvania (99 percent), and Schenectady, New York (1 percent). No completion date or additional information is provided on Naval Nuclear Propulsion Program contracts. Fiscal 2014 other procurement (Navy) contract funds in the amount of $39,437,949 will be obligated at time of award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity.
L-3 Communications Corp., Arlington, Texas, is being awarded a $14,089,284 modification to a firm-fixed-price delivery order issued previously against Basic Ordering Agreement N61340-12-G-0001. This modification provides for footprint reduction/storage area network to update existing architecture for the F/A-18E/F and EA-18G aircraft. The update reduces Tactical Operational Flight Trainer (TOFT) host/instructor operator station hardware, centralizes software storage, provides expandable software storage for future TOFT enhancements, allows for multiple software configurations, and updates all analog Mission Management System (MMS) video output to digital supporting future improvements to MMS displays. Work will be performed in Lemoore, California (20 percent); Miramar, California (20 percent); Whidbey, Washington (15 percent); Oceana, Virginia (15 percent); China Lake, California (10 percent); Arlington, Texas (10 percent); and Atsugi, Japan (10 percent), and is expected to be completed in June 2016. Fiscal 2014 aircraft procurement (Navy) contract funds in the amount of $14,089,284 will be obligated at time of award, none of which will expire at the end of the current fiscal year. The Naval Air Warfare Center Training Systems Division, Orlando, Florida, is the contracting activity.

The Boeing Co., Jacksonville, Florida, is being awarded a $7,695,945 firm-fixed-price, cost-plus-fixed-fee modification to a previously awarded indefinite-delivery/indefinite-quantity contract (N00019-14-D-0001) for additional fiscal 2014 depot-level service life extension/remanufacturing activities, including associated maintenance support and sustainment capabilities, in support of the F/A18 A-F aircraft. Work will be performed in St. Louis, Missouri (61 percent), and Jacksonville, Florida (39 percent), and is expected to be completed in July 2015. No funds are being obligated at time of award; funds will be obligated on individual delivery orders as they are issued. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity.

ARMY

Southeastern Archaeological Research Inc.,* Newberry, Florida (W9126G-14-D-0036); R. Christopher Goodwin & Associates, Inc.,* New Orleans, Louisiana (W9126G-14-D-0037); and Panamerican Consultants, Inc.,* Tuscaloosa, Alabama (W9126G-14-D-0038), were awarded a $20,000,000 firm-fixed price, indefinite-delivery/indefinite-quantity multiple award task order contract for military and civil works cultural resources compliance programs in the United States and territories with an estimated completion date of July 22, 2017. Bids were solicited via the Internet with 12 received. Funding and work location will be determined with each order. U.S. Army Corps of Engineers, Fort Worth, Texas, is the contracting activity.

Kongsberg Defence & Aerospace, Kongsberg, Norway was awarded a $10,680,000 modification (P00114) to contract W15QKN-12-C-0103 to exercise an option on contract W15QKN-12-C-0103 for depot support of the Commonly Remotely Operated Weapon Station (CROWS). Fiscal 2014 operations and maintenance (Army) funds in the amount of $10,680,000 were obligated at the time of the award. Estimated completion date is Aug. 16, 2017. Work will be performed in Johnstown, Pennsylvania. Army Contracting Command, Picatinny Arsenal, New Jersey is the contracting activity.

DEFENSE LOGISTICS AGENCY

McRae Industries, Inc., ** Mount Gilead, North Carolina, has been awarded a maximum $14,393,768 modification (P00103) exercising the second option period on a one-year base contract (SPM1C1-12-D-1057), with four one-year option periods. This is a firm-fixed-price contract for Army hot weather combat boots. Location of performance is North Carolina with a July 28, 2015, performance completion date. Using military services are Army and Marine Corps. Type of appropriation is fiscal 2014 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

AIR FORCE

Telephonics Corp., Communications & Integrated Systems Division, Farmingdale, New York, has been awarded a $13,254,403 firm-fixed-price contract for the Enhanced Mode S-FAA Radar, Enhanced Mode 5 Radar, and procurement of long lead material and all other hardware support activities. Work will be performed primarily at Farmingdale, New York, and is expected to be completed by Nov. 20, 2017. This award is the result of a sole source acquisition and one offer was received. NATO agency funds in the amount of $13,254,403 will be obligated at time of award. Air Force Life Cycle Management Center/HBSKI, Hanscom Air Force Base, Massachusetts, is the contracting activity (FA8730-14-C-0014).
*Small business

**In-HUBZone business

U.S. DOD OFFICIAL TELLS CONGRESS IRAQ MUST DEAL WITH EXTREMIST THREAT

FROM:  U.S. DEFENSE DEPARTMENT 
Iraq Must Do Its Heavy Lifting, Pentagon Official Says
By Terri Moon Cronk
DoD News, Defense Media Activity

WASHINGTON, July 23, 2014 – Though the United States must protect its people and is helping Iraq to face the threat posed by the extremist group Islamic State of Iraq and the Levant, it is up to Iraq to do the heavy lifting, a senior Defense Department official said today.

Elissa Slotkin, performing the duties of the principal deputy undersecretary of defense for policy, told the House Foreign Affairs Committee that the United States has a vital national security interest to ensure Iraq and other countries don’t become safe havens for terrorists who could threaten the U.S. homeland, its citizens or interests abroad, or its partners and allies.

The immediate goals are to protect American people and property in Iraq, gain a better understanding of how the United States might train, advise and assist Iraqi security forces as necessary, and expand the nation’s understanding of ISIL intelligence, Slotkin said.

All three factors are critical, she said, to any future U.S. strategy involving Iraq, and the nation has three measures in the strategy:

-- The United States added forces to protect its people in Iraq. “The safety of U.S. citizens and personnel throughout Iraq is our highest priority,” Slotkin said, adding that DoD is meeting all requests from the State Department for extra security for the U.S. Embassy and the airport.

-- Defense Secretary Chuck Hagel ordered the amphibious transport ship USS Mesa Verde into the Arabian Gulf. “Its presence adds to the other naval ships there, such as the aircraft carrier USS George H.W. Bush and provides the president with additional options to protect American citizens and interests,” she said.

-- Intelligence, surveillance and reconnaissance assets are part of the U.S. ramping-up effort. “We’ve significantly surged ISR capabilities into Iraq, [to] over 50 sorties a day, compared to one a month in previous months,” Slotkin added.

“We are now capable of around-the-clock coverage of Iraq, and have been focusing particularly on ISIL-controlled territory and around Baghdad,” she said.
The small teams of 300 U.S. military advisors in Iraq are assessing and evaluating how the United States might potentially help Iraqi security forces, Slotkin said.
Hagel and Army Gen. Martin E. Dempsey, Joint Chiefs of Staff chairman, received the draft assessment from U.S. Central Command last week, she told the panel.
“Department leaders are taking a deliberate approach and reviewing this lengthy assessment,” Slotkin said, adding that the assessments will be used to make recommendations to the president.

“Additional assessment work continues in and around Baghdad with respect to the developing situation on the ground,” she added.

NASA SCIENCECASTS: THE MILKY WAY IS NOT JUST A REFRIGERATOR MAGNET

WHITE HOUSE VIDEO: VICE PRESIDENT BIDEN ON REBUILD AMERICA

SEC ADOPTS AMENDMENTS TO RULES THAT GOVERN MONEY MARKET MUTUAL FUNDS

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

The Securities and Exchange Commission adopted amendments to the rules that govern money market mutual funds.  The amendments make structural and operational reforms to address risks of investor runs in money market funds, while preserving the benefits of the funds.

Today’s rules build upon the reforms adopted by the Commission in March 2010 that were designed to reduce the interest rate, credit and liquidity risks of money market fund portfolios.  When the Commission adopted the 2010 amendments, it recognized that the 2008 financial crisis raised questions of whether more fundamental changes to money market funds might be warranted.

The new rules require a floating net asset value (NAV) for institutional prime money market funds, which allows the daily share prices of these funds to fluctuate along with changes in the market-based value of fund assets and provide non-government money market fund boards new tools – liquidity fees and redemption gates – to address runs.

“Today’s reforms fundamentally change the way that money market funds operate.  They will reduce the risk of runs in money market funds and provide important new tools that will help further protect investors and the financial system,” said SEC Chair Mary Jo White.  “Together, this strong reform package will make our markets more resilient and enhance transparency and fairness of these products for America’s investors.”

With a floating NAV, institutional prime money market funds (including institutional municipal money market funds) are required to value their portfolio securities using market-based factors and sell and redeem shares based on a floating NAV.  These funds no longer will be allowed to use the special pricing and valuation conventions that currently permit them to maintain a constant share price of $1.00.  With liquidity fees and redemption gates, money market fund boards have the ability to impose fees and gates during periods of stress.  The final rules also include enhanced diversification, disclosure and stress testing requirements, as well as updated reporting by money market funds and private funds that operate like money market funds.

The final rules provide a two-year transition period to enable both funds and investors time to fully adjust their systems, operations and investing practices.

Norm Champ, director of the SEC’s Division of Investment Management, said, “Today’s adoption of final money market fund reforms represents a significant additional step to address a key area of systemic risk identified during the financial crisis.  These reforms are important both to investors who use money market funds as a cash management vehicle and to the corporations, financial institutions, municipalities and others that use them as a source of short-term funding.”

The SEC today also issued a related notice proposing exemptions from certain confirmation requirements for transactions effected in shares of floating NAV money market funds.  Additionally, the SEC re-proposed amendments to the Commission’s money market fund rules and Form N-MFP to address provisions that reference credit ratings.  The re-proposed amendments would implement section 939A of the Dodd-Frank Wall Street and Consumer Protection Act of 2010, which requires the Commission to review its rules that use credit ratings as an assessment of credit-worthiness, and replace those credit-rating references with other appropriate standards.

The rules adopted today will be effective 60 days after their publication in the Federal Register, and the re-proposal will have a 60-day public comment period following its publication in the Federal Register.

U.S. ARMY GEN. VIA SAYS SPENDING CUTS CUMULATIVE IMPACT AFFECTS READINESS

FROM:  U.S. DEPARTMENT OF DEFENSE 
Sequestration Chips Away at Readiness, General Says
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
DoD News, Defense Media Activity

WASHINGTON, July 23, 2014 – The effects of sequestration spending cuts may seem overstated, but their cumulative impact affects the military’s readiness and its ability to respond to future contingencies, the commander of U.S. Army Materiel Command said here today.

Army Gen. Dennis L. Via discussed how the budgeting mechanism influences decisions and affects national defense for the Army and Defense Department at large during a meeting with the Defense Writers Group.

“Sometimes, there can be an impression that it’s overstated and [a question of] what the impact of sequestration will be,” Via said. But as the military emerges from 13 years of war and has to reset its equipment while downsizing force levels, the question of impact is a cumulative effect over time, he added.
“The impact is to our readiness and ability to be able to respond to future contingencies,” Via said.

Via said some “plus-ups” of funding in fiscal years 2014 and 2015 have mitigated some of the effects, but he noted that sequestration returns in fiscal 2016 at a time when the Army is trying to reset the force.

“We have to implement all of those cuts and have to reduce the force to, potentially, [420,000 soldiers],” he said. “That has significant risk to the nation.”
Looking around the world today, Via said, no one can say where the next contingency will be.

“But we know there’ll be another contingency,” he added.

And depending on what the future brings, the general said, the Army must be prepared “to conduct forces to meet the requirements -- whatever that level of force is.”

While that isn’t his decision, Via said, when the decision has been made to commit forces, “we have to make sure that they’re ready and prepared to go and accomplish their mission.

“They have to have the equipment, so we have to reset and get it back in their hands,” he continued. “We have to have the materiel available to surge if an event goes beyond what we think would be an initial [push].”

It’s also necessary to ensure that forces are postured to be expeditionary-capable, the general said, despite becoming more home-station-based, and to have power-projection platforms to push forces forward.

And with sequestration and the general budget uncertainty, readiness “continues to have us go up and down,” Via said.

“In readiness you have to maintain … what we call a band of excellence. You have to remain and operate in that band so that when you’re called upon … you can do so in a matter of days,” he said.

“The longer sequestration impacts and your readiness declines, it’s just like your car when you sit it out and you don’t drive it for a few months,” the general said. Using that idle vehicle as a metaphor for readiness, he explained how the lack of readiness can be felt.

“For three months, you can start it up and probably be OK,” Via said. “If you let it sit for nine months, all of a sudden the seals go, the tires, other challenges happen, and before you know it, you have an automobile you can’t drive.

“And that’s what happens to readiness when we’re talking about aviation [and] other platforms,” he continued. “Sequestration has what I call a constant chipping away at readiness. At some point, you get down to a point where it’s no longer affordable, and you have ‘have’ and ‘have-not’ units.”

When called upon to deploy, the general said, the “have-not” units cannot deploy, and if they do, they are not prepared.

“We don’t ever want to be in a position where we’re sending America’s sons and daughters into harm’s way not ready to accomplish their mission,” Via said.
“So I think when our chief of staff of the Army and secretary of the Army talk about that if we get down to a certain level -- that [420,000],” he explained, “you’ve got to understand that’s not 420,000 [soldiers] ready to support operations.”

A large portion of that, Via said -- 70,000 to 80,000 soldiers who are recruiters or otherwise serve in what he called a “generating force” -- as well as many tens of thousands in the recruiting pipeline and in training, take a big bite out of the 420,000-soldier Army.

“Before you know it, you’re down to 200,000 [soldiers]. … Are they going to be ready to meet for contingency?” he asked.

Looking at the number of contingencies happening around the world today and where soldiers are forward-stationed, Via noted the Army provides about 40 percent of the enabling capabilities of every combatant command.

“What do I mean by that?” he asked. “Communications networks, port opening, theater opening, airfield opening, theater intelligence, medical, pre-positioned stocks, logistics and support and contracting -- the Army does that,” Via said.
So with decisions forced by sequestration and having to “reduce, reduce and reduce,” the general said, then the culminating effects on the force, over time, become apparent.

“That’s where I worry about sequestration,” Via said. “At the end of the day, the Army’s primary mission is to prevent conflict, shape the operational environment, and if committed, win decisively.” That’s true whether it’s in a kinetic fight or during humanitarian assistance disaster relief efforts, he added.

“We want to be able to respond, because that’s the reputation … and security of the country,” Via said. “So when we look at that, sequestration impacts significantly our ability to prevent conflict.”

Conflict is prevented, he said, by having ready forces and equipment around the world that can respond very, very quickly.

“Sequestration, over time, will continue to cut at that readiness,” Via said. “The concern is … over a period of time, it’ll be that car we’re talking about that you just left for a period of time. You think it’s OK until you go out to start it and it doesn’t start. Where are you then? That’s where we don’t want to be.”

STEPS ANNOUNCED TO FURTHER STRENGTHEN HHS MANAGEMETN TEAM

FROM:  U.S. DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Secretary Burwell announces steps to further strengthen HHS management team
Leslie Dach to join HHS as Senior Counselor

Today, Health and Human Services Secretary Sylvia M. Burwell has named Leslie Dach to a newly-created Senior Counselor position, to further strengthen the HHS leadership team and enhance the Department’s ability to deliver impact for the American people.

Dach joins HHS with more than 25 years of business, policy, communications and executive management experience.  He has delivered impact in complex organizations, created highly innovative public-private partnerships, and successfully worked with a wide spectrum of political and community voices to make a difference on complex issues.

“We have a strong leadership team at HHS,” said Secretary Burwell. “Leslie’s experience, which spans the business, government, and civil society sectors, will further enhance our ability to deliver impact for the American people. We want to not only retain, but also recruit, talented individuals to our mission of ensuring every American has access to the building blocks of a healthy, productive life.”

As a senior counselor, Dach will work closely with the Department’s senior staff on key policy challenges, strategic initiatives, and engagement with external partners. Dach will also work with the team on the successful execution of the second Open Enrollment period for the Health Insurance Marketplace.

From 2006 to 2013, Dach served as Executive Vice President of Corporate Affairs for Walmart Stores Inc.  Dach’s efforts at Walmart have been credited with developing a new model of public, private, and civil society partnerships that deliver meaningful impact. Under his leadership, Walmart partnered with First Lady Michelle Obama’s Let’s Move! campaign on a series of initiatives to make food healthier and more affordable, and launched a $2 billion program to help end hunger.

He will report directly to the Secretary.

POLICE OFFICERS, CIVILIANS CHARGED IN CONNECTION WITH 2012 ROBBERY

FROM:  U.S. JUSTICE DEPARTMENT 
Puerto Rico Police Officers and Civilians Charged with Federal Crimes in Connection with July 2012 Robbery in Bayamon, Puerto Rico

Three Police of Puerto Rico (POPR) officers and two civilians were charged with robbery, firearms violations, drug conspiracy and civil rights violations for their involvement in a July 2012 robbery in Bayamon, Puerto Rico, and an additional POPR officer was charged with lying to federal agents.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico and Special Agent in Charge Carlos Cases of the FBI’s San Juan Field Office made the announcement.

Jorge Fernandez-Aviles, 48, Fernando Reyes-Rojas, 42, and David Figueroa-Rodríguez, 32, were charged in an indictment returned yesterday in the District of Puerto Rico with one count of conspiracy to commit robbery and one count of conspiracy to commit civil rights violations; Fernandez and Reyes were also charged with one count of conspiracy to possess and distribute controlled substances and one count of firearms possession.   Alexander Mir-Hernandez, 39, was charged with one count of false statements for lying to federal agents about his role and the roles of others in the July 2012 robbery.

Pedro Lopez-Torres, 35, and Luis Ramos-Figueroa, 38, were each charged by information on June 25, 2014, for their roles in the July 2012 robbery and other crimes.   Lopez and Ramos pleaded guilty before U.S. District Judge José A. Fusté of the District of Puerto Rico on the same day.   The charges against them were unsealed today.

At the time of the crimes charged, Jorge Fernandez-Aviles was a sergeant with POPR, Pedro Lopez-Torres, Luis Ramos-Figueroa and Alexander Mir-Hernandez were POPR officers, and Fernando Reyes-Rojas and David Figueroa-Rodríguez were civilians.

According to court documents, Reyes asked POPR Sergeant Fernandez and Officers Lopez and Ramos to participate in a robbery of a civilian.   The officers agreed amongst themselves to participate.   They further agreed that Officer Ramos would invite his cousin, Figueroa, to join them, and Officer Lopez would contact Officer Mir to borrow a marked patrol car to facilitate the planned robbery.

On July 14, 2012, Sergeant Fernandez, Officer Lopez, Officer Ramos and Figueroa went to the airport where they picked up a marked patrol car from Officer Mir.   They drove the patrol car to meet Reyes and then went together to the location of the robbery.   Sergeant Fernandez, Officer Lopez and Officer Ramos were dressed in dark colored, tactical police gear and armed with their POPR issued handguns.   Figueroa and Reyes were also dressed in dark colored clothing, and Reyes appeared to have a handgun as well.

Upon entering the house through the garage, one or more of the officers identified themselves as police and falsely claimed they were executing a search warrant.   They ordered several individuals in the garage to stand facing the wall and searched them for weapons.   While Figueroa watched the occupants, Sergeant Fernandez, Officer Lopez, Officer Ramos and Reyes searched the property.   They ultimately went to a shed in the backyard, where Reyes found cocaine and exclaimed, “Bingo!”   At that point, they all departed in their respective vehicles.   A few days later, Reyes met with Lopez and gave him money, which Reyes explained was a portion of the proceeds from the sale of the cocaine he took on the day of the robbery.   Officer Lopez split the money with Sergeant Fernandez and Officer Ramos.

According to the indictment, Officer Mir was interviewed by Special Agents of the FBI and lied.   Officer Mir falsely claimed that he did not recognize a photograph of Officer Lopez; that he had not met with Officer Lopez in more than six months; and that he did not provide the patrol car that was used to commit the July 2012 robbery.

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

This case is being investigated by the FBI’s San Juan Division.   The case is being prosecuted by Trial Attorneys Heidi Boutros Gesch and Marquest J. Meeks of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Mariana Bauza of the District of Puerto Rico.

Wednesday, July 23, 2014

U.S. DEFENSE DEPARTMENT CONTRACTS FOR JULY 23, 2014

FROM:  U.S. DEFENSE DEPARTMENT DEFENSE 

CONTRACTS

DEFENSE THREAT REDUCTION AGENCY

Cubic Applications, Inc., San Diego, California, was awarded a maximum $500,000,000 indefinite-delivery/indefinite-quantity contract for J3/7 chemical, biological, radiological, nuclear, and high-yield explosive (CBRNE) exercise, training, capability assessment and capacity development support services. This contract provides for support services to DTRA's Building Partnerships Divisions and functions in the daily performance and execution of the Building Partnership mission. Work will be performed at various locations, with an expected completion date of July 2024. Funding will be obligated at the task order level. This contract was a competitive acquisition, and five offers were received. The Defense Threat Reduction Agency, Fort Belvoir, Virginia, is the contracting activity (HDTRA1-14-D-0013).

NAVY

Lockheed Martin Mission Systems and Training, Moorestown, New Jersey, is being awarded a $40,662,000 not-to-exceed contract for the production of one multi-mission signal processor equipment set, ballistic missile defense 4.0.2 equipment, and Aegis Weapon System upgraded equipment to support fielding Aegis modernization capabilities to the fleet. Work will be performed in Moorestown, New Jersey (57.8 percent); Clearwater, Florida (41.5 percent); and Owego, New York (0.7 percent), and is expected to be completed by March 2016. Fiscal 2014 other procurement (Navy) and fiscal 2014 defense procurement contract funds in the amount of $20,331,000 will be obligated at time of award and will not expire at the end of the current fiscal year. This contract was not competitively procured pursuant to 10 U.S. C. 2304(c)(1), as implemented by FAR 6.302-1. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity (N00024-14-C-5106).

Bechtel Plant Machinery Inc., Monroeville, Pennsylvania, is being awarded a $39,437,949 cost-plus-fixed-fee modification to a previously awarded contract (N00024-12-C-2106) for naval nuclear propulsion components. Work will be performed in Monroeville, Pennsylvania (99 percent), and Schenectady, New York (1 percent). No completion date or additional information is provided on Naval Nuclear Propulsion Program contracts. Fiscal 2014 other procurement (Navy) contract funds in the amount of $39,437,949 will be obligated at time of award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity.
L-3 Communications Corp., Arlington, Texas, is being awarded a $14,089,284 modification to a firm-fixed-price delivery order issued previously against Basic Ordering Agreement N61340-12-G-0001. This modification provides for footprint reduction/storage area network to update existing architecture for the F/A-18E/F and EA-18G aircraft. The update reduces Tactical Operational Flight Trainer (TOFT) host/instructor operator station hardware, centralizes software storage, provides expandable software storage for future TOFT enhancements, allows for multiple software configurations, and updates all analog Mission Management System (MMS) video output to digital supporting future improvements to MMS displays. Work will be performed in Lemoore, California (20 percent); Miramar, California (20 percent); Whidbey, Washington (15 percent); Oceana, Virginia (15 percent); China Lake, California (10 percent); Arlington, Texas (10 percent); and Atsugi, Japan (10 percent), and is expected to be completed in June 2016. Fiscal 2014 aircraft procurement (Navy) contract funds in the amount of $14,089,284 will be obligated at time of award, none of which will expire at the end of the current fiscal year. The Naval Air Warfare Center Training Systems Division, Orlando, Florida, is the contracting activity.

The Boeing Co., Jacksonville, Florida, is being awarded a $7,695,945 firm-fixed-price, cost-plus-fixed-fee modification to a previously awarded indefinite-delivery/indefinite-quantity contract (N00019-14-D-0001) for additional fiscal 2014 depot-level service life extension/remanufacturing activities, including associated maintenance support and sustainment capabilities, in support of the F/A18 A-F aircraft. Work will be performed in St. Louis, Missouri (61 percent), and Jacksonville, Florida (39 percent), and is expected to be completed in July 2015. No funds are being obligated at time of award; funds will be obligated on individual delivery orders as they are issued. The Naval Air Systems Command, Patuxent River, Maryland, is the contracting activity.

ARMY

Southeastern Archaeological Research Inc.,* Newberry, Florida (W9126G-14-D-0036); R. Christopher Goodwin & Associates, Inc.,* New Orleans, Louisiana (W9126G-14-D-0037); and Panamerican Consultants, Inc.,* Tuscaloosa, Alabama (W9126G-14-D-0038), were awarded a $20,000,000 firm-fixed price, indefinite-delivery/indefinite-quantity multiple award task order contract for military and civil works cultural resources compliance programs in the United States and territories with an estimated completion date of July 22, 2017. Bids were solicited via the Internet with 12 received. Funding and work location will be determined with each order. U.S. Army Corps of Engineers, Fort Worth, Texas, is the contracting activity.

Kongsberg Defence & Aerospace, Kongsberg, Norway was awarded a $10,680,000 modification (P00114) to contract W15QKN-12-C-0103 to exercise an option on contract W15QKN-12-C-0103 for depot support of the Commonly Remotely Operated Weapon Station (CROWS). Fiscal 2014 operations and maintenance (Army) funds in the amount of $10,680,000 were obligated at the time of the award. Estimated completion date is Aug. 16, 2017. Work will be performed in Johnstown, Pennsylvania. Army Contracting Command, Picatinny Arsenal, New Jersey is the contracting activity.

DEFENSE LOGISTICS AGENCY

McRae Industries, Inc., ** Mount Gilead, North Carolina, has been awarded a maximum $14,393,768 modification (P00103) exercising the second option period on a one-year base contract (SPM1C1-12-D-1057), with four one-year option periods. This is a firm-fixed-price contract for Army hot weather combat boots. Location of performance is North Carolina with a July 28, 2015, performance completion date. Using military services are Army and Marine Corps. Type of appropriation is fiscal 2014 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

AIR FORCE

Telephonics Corp., Communications & Integrated Systems Division, Farmingdale, New York, has been awarded a $13,254,403 firm-fixed-price contract for the Enhanced Mode S-FAA Radar, Enhanced Mode 5 Radar, and procurement of long lead material and all other hardware support activities. Work will be performed primarily at Farmingdale, New York, and is expected to be completed by Nov. 20, 2017. This award is the result of a sole source acquisition and one offer was received. NATO agency funds in the amount of $13,254,403 will be obligated at time of award. Air Force Life Cycle Management Center/HBSKI, Hanscom Air Force Base, Massachusetts, is the contracting activity (FA8730-14-C-0014).
*Small business

**In-HUBZone business

SECRETARY KERRY'S REMARKS AFTER MEETING PALESTINIAN AUTHORITY PRESIDENT ABBAS

FROM:  U.S. STATE DEPARTMENT 

Remarks Following Meeting With Palestinian Authority President Mahmoud Abbas

Remarks
John Kerry
Secretary of State
Muqata'a, Ramallah
July 23, 2014


Excuse me. Good afternoon, everybody. Thank you.

I have been in constant touch with President Abbas and the Palestinian Authority over the course of the last months. But particularly in the last days, we have been talking about how to achieve an end to the current violence and an effort to try to not only have a cease-fire, but build a process that can create a sustainable way forward for everybody. I’m very grateful to President Abbas for his leadership, for his deep engagement in the effort to try to find a cease-fire. He has traveled tirelessly, he has been working with all of the interested groups and parties, and encouraging people to do the responsible thing, which is to come to the table – not only have a cease-fire, but then negotiate the immediate issues and the underlying issues.
We had a good conversation today about how we can take further steps, and we’re doing this for one simple reason: The people in the Palestinian territories, the people in Israel, are all living under the threat or reality of immediate violence, and this needs to end for everybody. We need to find a way forward that works, and it’s not violence. President Abbas has been committed to nonviolence and committed to a harder route. Sometimes it’s very satisfying for people to see the immediate impact of the violence, but it doesn’t take you to a solution.

President Abbas understands the road to the solution, and that’s what we’re working for.
So we will continue to push for this cease-fire. We will continue to work with President Abbas and others in the region in order to achieve it. And I can tell you that we have, in the last 24 hours, made some progress in moving towards that goal. And I will leave here now with President Abbas’ thoughts about how we could make some progress, and I will go and meet with Prime Minister Netanyahu and subsequently return to Cairo, where we will continue in the hopes that before long, we can change course and, for everybody’s sake, end this violence and move to a sustainable program for the future.

Thank you all very, very much. Thank you. Thanks.

PRESIDENT OBAMA'S REMARKS AT EMBASSY OF THE NETHERLANDS

Remarks by the President at the Embassy of the Netherlands

Embassy of the Netherlands
Washington, D.C.
11:26 A.M. EDT
Q    Mr. President, do you have any message for the Dutch people?
THE PRESIDENT:  Obviously, we're all heartbroken by what’s happened.  And this is an opportunity for me to extend on behalf of all the American people our deepest condolences over the loss of family and friends; to express our solidarity with the people of the Netherlands, with whom we've been friends and had the deepest ties for centuries; and to assure the Dutch people that we will work with them to make sure that loved ones are recovered, that a proper investigation is conducted, and that ultimately justice is done.
DEPUTY CHIEF OF MISSION MR. MOLLEMA:  And we thank the President for being here.  There’s been an outpouring of support from the American people, and I can only say that on behalf of the Dutch people, we're deeply grateful.  Thank you very much.
END
11:27 A.M. EDT

NASA VIDEO: RUSSIAN CARGO SHIP LEAVES ISS

MADE IN USA BRAND, LLC AGREES TO STOP BEING DECEPTIVE

FROM:  U.S. FEDERAL TRADE COMMISSION 

Made in USA Brand, LLC Agrees to Drop Deceptive Certification Claims
Company Claimed to Evaluate Made in USA Claims, but Instead Relied on Companies to Self Certify that Products Met Standard

A company that  provides a “Made in USA” certification seal to marketers has agreed to settle Federal Trade Commission charges that it deceived consumers by allowing companies to use the seal without either independently verifying that those companies’ products were made in the United States, or disclosing that the companies had certified themselves.

The company, Made in USA Brand, LLC, is required under the proposed settlement to stop its deceptive claims.

The FTC’s Enforcement Policy Statement on U.S.-Origin Claims provides that products advertised or labeled as “Made in the USA” must be “all or virtually all” made in the United States. Made in the USA Brand, LLC charges companies to use its certification mark and to be listed in a database of “certified” companies that comply with the FTC’s standard.
The Columbus, Ohio-based Made in the USA Brand, LLC charged $250 to $2,000 for a one-year license to use the certification mark, according to the FTC. But the company did not independently evaluate the products before certifying them, and had no procedures to determine whether marketers complied with the FTC’s Made in USA standard, according to the complaint.

In fact, the FTC charged that Made in the USA Brand has never rejected a company’s application to use its Certification Mark or terminated a company’s use of the mark. Instead, Made in the USA Brand, LLC awarded licenses to any company that self-certified that it was complying with the FTC’s standard.

“Seals can be very helpful when consumers purchase products based on claims that are difficult to verify – like the Made-in-the-USA claim,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “When marketers provide seals without any verification, or without telling consumers the seal is unverified, consumers are deceived and the value of all marketers’ seals is diminished.  This case makes it clear that the FTC will not let that happen.”

In a promotional flyer, Made in the USA Brand, LLC claimed:

“The Made in USA Brand Certification Mark provides a standard symbol for Made in USA product identification . . . When printed on labels by accredited manufacturers, consumers are able to identify at a glance which products are
made in the USA.”

“The Certification Mark is available to be downloaded by U.S. businesses that meet the accreditation standards based on the Federal Trade Commission’s regulations for complying with Made in USA origin claims.”

According to the complaint, Made in the USA Brand, LLC:

falsely advertised that it independently and objectively evaluated whether certified products met its accreditation standard.
made false or unsupported claims that companies listed in its database as certified marketers were in fact selling products that complied with the FTC’s Made in USA standard.
provided the companies it licensed with the means to deceive consumers into believing that the companies were marketing products that were made in the United States.
Under the proposed administrative order, respondent Made in the USA Brand, LLC, is prohibited from:

claiming that any products or companies meet its certification standard unless it either conducts an independent and objective evaluation, or discloses on its logo and all its promotional materials that companies and products are self-certified.
claiming that any product is made in the USA or in any other country unless the claim is true and supported by competent and reliable evidence, or – if the certification mark is used –unless it discloses that companies and products are self-certified.
providing the companies it certifies with the means to deceive consumers.
The Commission vote to accept the consent agreement package containing the proposed consent order for public comment was 5-0.

The FTC will publish a description of the consent agreement in the Federal Register shortly.  The agreement will be subject to public comment for 30 days, beginning today and continuing through August 22, 2014, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit written comments electronically or in paper form by following the instructions in “Supplementary Information” section of the Federal Register notice. Comments should be submitted electronically using the online form here.

Instructions for submitting comments in paper form are listed in the “Accessibility” portion of the form.

NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest.  When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

Contact Information
MEDIA CONTACT:
Betsy Lordan
Office of Public Affairs

NASA VIDEO: NASA REMAINS HISTORIC FACILITY IN HONOR OF NEIL ARMSTRONG

NETWORKING SOCIETIES PROBLEMS

FROM:  NATIONAL SCIENCE FOUNDATION
Dispatches from a connected future
Researchers from academia, government and industry team up to create networked solutions to society's problems

Anyone looking for a glimpse into the technologies that will change our lives, businesses and organizations in the coming decades received an eyeful at the Smart America Expo in Washington, D.C., in June. There, scientists showed off cyber-dogs and disaster drones, smart grids and smart healthcare systems, all intended to address some of the most pressing challenges of our time.

The event brought together leaders from academia, industry and government to showcase the results of six months of rapid team-building and technology development. The Expo demonstrated the ways that smarter cyber-physical systems (CPS)--sometimes called the Internet of Things--can lead to improvements in health care, transportation, energy and emergency response, and other critical areas.

Among the demonstrations at the Expo were the first commercially available autonomous vehicle (Aribo), which the U.S. military is testing on its bases; a number of interconnected home- and hospital-based sensors and software systems designed to create a "closed loop" of health care coverage; drones capable of delivering Wi-Fi to disaster areas; and dogs instrumented with sensors, cameras and haptic devices to allow them to glean information from dangerous environments and respond to handlers.

The White House Office of Science and Technology Policy launched the Smart America Challenge in December 2013 as a way of galvanizing the development of the Internet of Things. The Challenge brought together more than 100 researchers, who organized themselves in 24 teams. The June Expo was the culmination of the first phase of the project and gave a sense of the potential of collaborations around cyber-physical systems.

"So many of the breakthroughs of today and tomorrow are at the intersections of systems coming together to deliver compound awesomeness," said Todd Park, United States Chief Technology Officer and keynote speaker at the event. "For 1+1+1 equals a supercool robot or an exoskeleton."

Industry, academia and government are all investing heavily to develop the core technologies that will allow devices to communicate and cooperate with each other far better than they do today. But the scientists doing this research--like the machines they are working on--often are not aware of, or in communication with, each other.

"Our nation had made significant investments in CPS in various sectors but they weren't talking to each other," said Geoff Mulligan, a Presidential Innovation Fellow who, along with Sokwoo Rhee, organized the event. "What if each researcher was to put their piece on the table to see how they fit together?"

The Smart America challenge sought to de-fragment the research environment and build collaborations that tie disparate pieces of R&D together.

"Innovation and progress are best done in partnerships where government, academia, and industry work together to promote growth and a safe and secure society," said Chris Greer, director of the Smart Grid and Cyber-Physical Systems Program Office at the National Institute of Standards and Technology.

The National Science Foundation (NSF) has been a strong supporter of cyber-physical systems research, investing more than $200 million in the area over the last five years. These investments were noticeable in the researchers represented at the Smart America Expo. Eight of the 24 teams included members of the academic community supported by NSF. Many other projects were built on fundamental, NSF-supported research.

"Advances in cyber physical systems hold the potential to reshape our world with more responsive, precise, reliable and efficient systems," said Farnam Jahanian, who leads the Computer and Information Science and Engineering directorate at NSF. "NSF investments have supported researchers across the U.S. who have laid the foundation to enable the deep integration of computation, communication, and control into physical systems – to make cyber physical systems a reality today."

This week and next, we'll feature examples of NSF-supported research from the Smart America Expo. Today:

Cyber-equipped dogs lead the way in search-and-rescue (see video above)

Researchers from North Carolina State University (NCSU) showed off pioneering work demonstrating the potential of technologies that allow dogs to gather information -- and stay safe -- during search and rescue operations.

"What we're hoping to do here is to begin the field of canine-computer interaction," said David Roberts, professor of computer science at NCSU. "When we start to think about canines interacting with computers, the range of possibilities is essentially endless."

Among the applications they're testing are computer-assisted training, remote communication with dogs in the field and tools to help people with guide dogs better understand what their dogs are doing.

They accomplish these tasks by equipping dogs with video, audio and gas sensors (in the case of emergency response), as well as inertial measurement units that provide information in real time about the dog's posture and physiological monitors. Together, this information provides a detailed picture of what the dog is doing and enables handlers to characterize its emotional state.

The last type of capabilities that they are working on enables handlers to communicate with dogs from afar. Using audio cues and haptic inputs (like the vibration on a phone), they are training dogs to respond to different commands in the field or around the house.

-- Aaron Dubrow, NSF
Investigators
Alper Bozkurt
David Roberts
Barbara Sherman
Related Institutions/Organizations
North Carolina State University

HOSPITAL SYSTEM, PHYSICIAN GROUP SETTLE FALSE CLAIMS LAWSUIT FOR $24.5 MILLION

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, July 21, 2014
Alabama Hospital System and Physician Group Agree to Pay $24.5 Million to Settle Lawsuit Alleging False Claims for Illegal Medicare Referrals

Mobile, Alabama-based Infirmary Health System Inc. (IHS), two IHS-affiliated clinics and Diagnostic Physicians Group P.C. (DPG) have agreed to pay the United States $24.5 million to resolve a lawsuit alleging that they violated the False Claims Act by paying or receiving financial inducements in connection with claims to the Medicare program, the Justice Department announced today.

“Financial arrangements that compensate physicians for referrals encourage physicians to make decisions based on financial gain rather than patients’ needs,” said Assistant Attorney General for the Civil Division Stuart F. Delery.  “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs.”

The government’s suit alleged that two IHS affiliated clinics -- IMC-Diagnostic and Medical Clinic, in Mobile, and IMC-Northside Clinic, in Saraland, Alabama -- had agreements with DPG to pay the group a percentage of Medicare payments for tests and procedures referred by DPG physicians, in violation of the Physician Self-Referral Law (commonly known as the Stark Law) and the Anti-Kickback Statute.  Also named in the lawsuit was Infirmary Medical Clinics P.C. (IMC), an affiliate of IHS that directly owns and operates approximately 30 clinics in the Mobile area, including the two clinics involved in this lawsuit.

The Anti-Kickback Statute and the Stark Law are intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives.  The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federal health care programs, including Medicare.  The Stark Law forbids a hospital or clinic from billing Medicare for certain services referred by physicians who have a financial relationship with the entity.

According to the government’s complaint, in 1988, IMC purchased IMC-Diagnostic and Medical Clinic from DPG and agreed to pay DPG a share of the revenues the clinics collected, including Medicare revenues from diagnostic imaging and laboratory tests.  After IMC acquired the IMC-Northside Clinic in 2008, the physicians practicing there joined DPG and entered into an agreement with the same key terms as the earlier agreement with IMC-Diagnostic and Medical Clinic.  The government contended that these payments were illegal kickbacks and constituted a prohibited financial relationship under the Stark Law, and that in June 2010, an attorney for DPG warned employees of both IMC and DPG that the compensation being paid to the physicians likely violated the law.  Nevertheless, the agreements allegedly were neither modified nor terminated for another 18 months.

The lawsuit was originally filed by Dr. Christian Heesch, a physician formerly employed by DPG, under the whistleblower provisions of the False Claims Act.  Those provisions authorize private parties to sue on behalf of the United States and to receive a portion of any recovery.  The act permits the United States to intervene and take over the lawsuit, as it did in this case with respect to some of Dr. Heesch’s allegations.  Dr. Heesch will receive $4.41 million as his share of the settlement.

“Today’s settlement represents a single but significant step towards achieving integrity in the administration of public health programs in this region,” said U.S. Attorney Kenyen Brown for the Southern District of Alabama.  “Physicians, physician groups and other medical entities operating illegally within public health programs will be held accountable.  I also commend whistle blowers like Dr. Christian Heesch, who helped bring this particular case to light.”

As part of the settlement announced today, the settling defendants have also agreed to enter into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), which obligates the defendants to undertake substantial internal compliance reforms and to submit its federal health care program claims to independent review for the next five years.

“Patients must know that medical advice is based on best practices, not on their provider’s bottom line,” said HHS-OIG Special Agent in Charge Derrick L. Jackson.  “We are pleased these allegations are resolved and will continue to work with the U.S. Department of Justice to investigate and pursue illegal, wasteful business arrangements.”

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 the Attorney General and the Secretary of Health and Human Services.  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 $20.2 billion through False Claims Act cases, with more than $14 billion of that amount recovered in cases involving fraud against federal health care programs.

The investigation and litigation were conducted by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Southern District of Alabama, HHS-OIG and the FBI.  The claims settled by this agreement are allegations only, and there has been no determination of liability.

The case is captioned U.S. ex rel. Heesch v. Diagnostic Physicians Group, P.C. et al., Civil Action No. 11-0364-KD-B (S.D. Ala.).

TRADER PLEADS GUILTY FOR PARTICIPATION IN HIGH YIELD INVESTMENT FRAUD

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION  
Monday, July 21, 2014
Unlicensed Trader Pleads Guilty in Los Angeles for Role in Fraudulent High Yield Investment Program Scheme

An unlicensed trader who solicited $500,000 from undercover FBI agents to invest in a fraudulent high yield investment program pleaded guilty today in federal court in Los Angeles.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney André Birotte Jr. of the Central District of California and Assistant Director in Charge Bill Lewis of the FBI’s Los Angeles Field Office made the announcement.

Jessie Tolbert, 38, of Bastrop, Louisiana, pleaded guilty today to one count of conspiracy to commit wire fraud and one count of wire fraud.   He is scheduled to be sentenced on Oct. 20, 2014.

According to court documents, in December 2011, Tolbert and his co-conspirators, including Eriq Brye and Greg Preston, placed an advertisement online for an investment opportunity.   Undercover federal agents responded to this advertisement.    During several weeks of email and telephone communications, Tolbert and his co-conspirators informed the agents that a spot recently had opened up on a high yield investment program they purportedly were running and that a $500,000 investment in their program would generate $30 million in 30 days.   Tolbert did not actually run an investment program.

In an effort to induce the undercover agents to invest in the program, Tolbert and his co-conspirators made numerous material misrepresentations.   Specifically, Tolbert falsely and repeatedly guaranteed the success of the proposed trade based on his purported past success in generating similar returns in comparable trades, as well as his success in other investments in the financial industry.   Tolbert had never applied for, nor received, a license with any federal agency related to the financial industry.

Brye is a fugitive.   Preston pleaded guilty in May 2013 for conduct including his role in this investment scheme.   He is scheduled to be sentenced on December 19, 2014.

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

This case was investigated by the FBI and prosecuted by Assistant Chief Benton Curtis and Trial Attorneys Kyle Maurer and Alex Porter of the Criminal Division’s Fraud Section.

Tuesday, July 22, 2014

BOSTON BOMBER FRIEND CONVICTED OF IMPEDING BOMBING INVESTIGATION

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, July 21, 2014
Jury Convicts Man of Impeding Boston Marathon Bombing Investigation

A federal jury in Boston has convicted a friend of alleged Boston Marathon bomber, Dzhokhar Tsarnaev, for impeding the bombing investigation.

Assistant Attorney General John P. Carlin of the Justice Department’s National Security Division, U.S. Attorney Carmen M. Ortiz of the District of Massachusetts and Special Agent in Charge Vincent B. Lisi of the FBI’s Boston Field Division, made the announcement today.

The jury found Azamat Tazhayakov, 20, guilty of conspiring to obstruct justice and obstructing justice with the intent to impede the Boston Marathon bombing investigation.   U.S. District Judge Douglas P. Woodlock scheduled sentencing for October 16, 2014.

In August 2013, Tazhayakov was indicted for obstructing a terrorism investigation.   Tazhayakov is a national of Kazakhstan who was temporarily living in the United States on a student visa while attending the University of Massachusetts Dartmouth, but at the time of his arrest his visa had been revoked.

The evidence at trial proved that on April 18, 2013, after the release of photographs of the two men suspected of carrying out the Marathon bombings (who were later identified as Tamerlan Tsarnaev and Dzhokhar Tsarnaev), Tazhayakov and others went to Tsarnaev’s dormitory room and found items that linked Tsarnaev to the bombing, including fireworks from which “gunpowder” appeared to have been removed and a jar of Vaseline that they believed could be used to make bombs.   A forensic examiner testified that Vaseline can be used to make improvised explosive devices.   A month before the bombing, Tsarnaev had told Tazhayakov that it would be good to die as shaheed (martyr) and that he knew how to build a bomb.   Tsarnaev also identified specific ingredients one could use to make a bomb, including “gunpowder.”

After searching Tsarnaev’s dormitory room on the evening of April 18, 2013, Tazhayakov helped remove Tsarnaev’s laptop and a backpack containing fireworks, a jar of Vaseline, and a thumb drive.   Later that night while Tazhayakov was monitoring the manhunt for the Tsarnaev brothers, he discussed getting rid of the backpack containing the fireworks and agreed to get rid of it.    The backpack was then placed in a garbage bag and then thrown into a dumpster outside Tazhayakov’s New Bedford apartment.   The FBI recovered this backpack a week later, after 25 agents spent two days searching a landfill in New Bedford.

The charging statute provides a sentence of no greater than 20 years in prison on the obstruction of justice count and five years on the conspiracy count, three years of supervised release, and a fine of $250,000 for each charge.   Tazhayakov will also be deported at the conclusion of this prosecution.   Actual sentences for federal crimes are typically less than the maximum penalties.   Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

This investigation was conducted by the FBI's Boston Division and member agencies of the Boston Joint Terrorism Task Force (JTTF) which is comprised of more than 30 federal, state and local enforcement agencies.   U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Massachusetts State Police, University of Massachusetts Dartmouth Department of Public Safety, New Bedford Police Department, Dartmouth Police Department, U.S. Department of Transportation – Office of Inspector General, U.S. Treasury Inspector General for Tax Administration (TIGTA), Essex County Sheriff’s Office, and Internal Revenue Service, Criminal Investigations, provided assistance to this investigation.

T he case is being prosecuted by Assistant U.S. Attorneys B. Stephanie Siegmann and John A. Capin of Ortiz’s Anti-Terrorism and National Security Unit with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.

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