Monday, September 15, 2014
THEFT OF EMPLOYEE PAYROLL & PENSION PLAN CONTRIBUTIONS LANDS FORMER DEFENSE CONTRACTOR IN PRISON
FROM: U.S. JUSTICE DEPARTMENT
Thursday, September 11, 2014
Former Defense Contractor Sentenced to Prison for Theft of Employee Payroll Taxes and Pension Plan Contributions
Defendant Continued Engaging in Tax Fraud After Being Indicted for Campaign Finance Scheme; Used Funds to Pay for NFL Stadium Suite, Virginia Steeple Chase Sponsorship
The former head of a Virginia-based defense contracting company was sentenced to serve 18 months in prison for failing to collect and pay more than $2.2 million in employee payroll taxes and engaging in theft of more than $186,000 from an employee pension plan.
Deputy Assistant Attorney General Ronald Cimino for the Justice Department’s Tax Division, U.S. Attorney Dana J. Boente for the Eastern District of Virginia, Special Agent in Charge Thomas J. Kelly for the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington, D.C., Field Office and Assistant Secretary Phyllis C. Borzi of the U.S. Department of Labor-Employee Benefits Security Administration made the announcement after sentencing.
William P. Danielczyk Jr., 53, formerly of Oakton, Virginia, was additionally ordered to serve three years of supervised release after his prison sentence and to pay more than $1.6 million in restitution to the IRS. U.S. District Judge James C. Cacheris delivered the sentence and it will be served consecutively to the 28 months in prison the defendant is already serving for committing campaign finance violations during the 2008 presidential primary and a 2006 U.S. Senate campaign.
Danielczyk pleaded guilty on June 10. According to court documents, from March 2009 until December 2011, Danielczyk was the executive chairman of Innolog Holdings Corporation, which acquired Innovative Logistics Technology Inc. in March 2009. Innovative operated in the government services industry and provided technology-supported logistics services to the U.S. military and various defense organizations. The principal offices for Innovative and Innolog were located in McLean, and later in Fairfax, Virginia.
From mid-2009 through the end of 2011, Danielczyk was responsible for collecting, accounting for and paying appropriate payroll tax amounts to the IRS. Although payroll taxes were withheld from the wages of Innovative’s employees, Danielczyk failed to pay both the employee withholdings amounts and the employer’s matching portions to the IRS. The total tax loss during this time period was $2,232,781.
According to court documents, Innovative’s employees were allowed to contribute money from their bi-weekly paychecks to a qualified pension plan that was administered by an asset custodian (initially Prudential Bank & Trust and later Fidelity Investments). Under the 401(k) plan, Innovative withheld its employees’ elected contribution amounts from their regular paychecks, and the employee withholdings were to be sent to Prudential or Fidelity. Danielczyk, however, was the person responsible for authorizing payments to the asset custodian, and he failed to send these payments over the course of three years. From 2009 through 2011, this conduct led to a total loss of $186,263.
According to court records, instead of paying Innovative’s employment taxes and pension plan contributions, Danielczyk made a variety of purchases from company accounts. Those purchases included $505,871 for the use of an executive suite in the FedEx Field football stadium in Landover, Maryland, along with $40,000 to sponsor the Virginia Gold Cup, a series of Steeple Chase horse races held in northern Virginia.
Danielczyk was sentenced in Alexandria, Virginia, federal court on May 31, 2013, to serve 28 months in prison for engaging in a campaign finance scheme in which he conspired to illegally reimburse more than $186,000 in contributions to the senate and presidential campaign committees of a candidate for federal office, engaged in obstruction of justice, and caused the candidate’s campaign committee to unwittingly file Federal Election Commission reports that contained false information. Court records show that Danielczyk continued to fail to pay Innovative’s employee taxes and pension plan contributions even after he was indicted in the campaign finance case in February 2011.
FTC HALTS PHONY HEALTH CARE 'DISCOUNT' SCHEMES AIDED AT SENIORS, SPANISH-SPEAKING CONSUMERS
FROM: U.S. FEDERAL TRADE COMMISSION
FTC Stops Marketers of Phony Health Care ‘Discount’ Schemes Directed at Older Americans and Spanish-Speaking Consumers
The Federal Trade Commission has halted two health care scams that were designed to trick consumers into paying for phony “discount” cards, which the scammers falsely claimed would provide consumers with health insurance, or help them pay for prescription drugs.
Under settlements with the FTC and a default judgment entered by the court, the operators of a drug discount scheme directed at seniors have been banned from selling healthcare-related benefits or discount programs. In a separate action, a federal court temporarily halted a scheme that targeted Spanish-speaking and other consumers by pitching them a nearly worthless discount card and falsely claiming it would provide them with health insurance. The FTC seeks to permanently shut down the operation and return victims’ money.
AFD Medical
According to an FTC complaint filed in 2013, 10 defendants, calling from a call center in Montreal, Canada, pitched prescription drug discount cards they said would provide consumers with substantial discounts or even free prescription drugs. But the cards were available for free elsewhere and typically provided no discounts for anyone who had insurance. The defendants also led consumers to believe they had to buy the $299 card to continue receiving Medicare, Social Security, or medical insurance benefits. The court halted the scheme and froze the defendants’ assets, pending litigation.
Under the settlement orders, Fawaz Sebai and 9210-7838 Quebec Inc., and Stephane Scebba and 9262-2182 Quebec Inc., also are banned from telemarketing. All of the settling defendants are permanently prohibited from misrepresenting any good or service, failing to provide information for consumer redress, disclosing or otherwise benefiting from customers’ personal information, and failing to dispose of such information properly.
The settlement orders against Sebai and 9210-7838 Quebec Inc., and Scebba and 9262-2182 Quebec Inc., impose a $1,091,450.68 judgment, reflecting the amount of consumer harm. The judgments will be suspended when Sebai has surrendered certain investments, and Scebba and 9262-2182 Quebec Inc. have turned over $7,752.51.
The settlement orders against Dupont, and Lamborn and CAL Consulting LLC, also bar them from deceptive and abusive telemarketing tactics, and they impose judgments of $887,841.68 and $203,609, respectively, reflecting the total consumer payments each processed. The judgments will be suspended when Dupont has surrendered his interest in a house in Weston, Wisconsin, and Lamborn and CAL Consulting have given up $39,329.38. The full judgments under each order will become due immediately if the covered defendants are found to have misrepresented their financial condition.
The court entered a default judgment against the remaining three defendants, AFD Advisors LLC, AMG Associates LLC, and Park 295 Corp. It bans them from selling healthcare-related benefits or discount programs, permanently prohibits them from deceptive and abusive telemarketing tactics, and from misrepresenting any good or service, and imposes a monetary judgment of $887,841.68.
The Commission vote approving the proposed settlement orders was 5-0. The settlement orders and default judgment were entered by the U.S. District Court for the Northern District of Illinois, Eastern Division.
In connection with this scheme, a federal grand jury in East St. Louis, Illinois, recently returned an indictment charging Sebai and others with defrauding older Americans. The United States Attorney’s Office for the Southern District of Illinois is prosecuting the matter. More information is available here about the FTC’s Criminal Liaison Unit, which works to increase the criminal prosecution of consumer fraud.
The FTC would like to thank the Better Business Bureau Serving Wisconsin; the Wisconsin Department of Agriculture, Trade and Consumer Protection; the Wisconsin Department of Justice; the Oregon Department of Justice; the Canadian Anti-Fraud Centre; and the Royal Canadian Mounted Police for their valuable assistance in this case.
Partners In Health Care
At the FTC’s request, a federal court temporarily halted, pending litigation, a scheme that tricked Spanish-speaking and other consumers into buying a nearly worthless discount card. The defendants’ telemarketers told consumers they were buying a qualified health insurance plan under the Affordable Care Act (ACA).
According to an FTC complaint against Partners in Health Care, the defendants targeted consumers who needed health insurance or were paying high premiums for coverage because they had lost their jobs or had pre-existing medical conditions. Many of the consumers had submitted their contact information to lead-generation websites that claimed to provide information about health insurance. Others responded by telephone after hearing Spanish-language radio ads that falsely claimed the discount card was an ACA-qualified health plan.
The defendants’ telemarketers allegedly assured consumers that the “insurance” would pay for doctor and emergency room visits, and other services, in many cases with very low co-pays or deductibles. Instead, consumers received nearly worthless “discount cards” and were left uninsured, despite paying an enrollment fee and monthly payments ranging from $99 to several hundred dollars.
The defendants are Gary L. Kieper and Partners In Health Care Association Inc., also doing business as Partners In Health Care Inc., and their marketers, Walter S. Vargas, Constanza Gomez Vargas, and United Solutions Group Inc., also d/b/a Debt Relief Experts Inc. Kieper and Partners In Health Care provided the medical discount cards that various marketers, including United Solutions Group Inc., offered consumers.
All of the defendants allegedly misrepresented the discount cards as health insurance, in violation of the FTC Act. Kieper and Partners In Health Care also allegedly violated the Telemarketing Sales Rule (TSR) by misrepresenting the cards and assisting and facilitating telemarketers that were violating the TSR.
The Wisconsin Department of Agriculture, Trade and Consumer Protection and the Better Business Bureau Serving Wisconsin provided valuable information in support of the FTC’s investigation.
The Commission vote authorizing the staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the Southern District of Florida. On August 25, 2014, the court entered a temporary restraining order halting the deceptive scheme, freezing the defendants’ assets and appointing a receiver to manage the corporate defendants.
SENATE HUMAN RIGHTS CAUCUS LAUNCHES
FROM: U.S. STATE DEPARTMENT
Remarks at the Launch of the Senate Human Rights Caucus
Remarks
Tom Malinowski
Assistant Secretary, Bureau of Democracy, Human Rights, and Labor
Washington, DC
September 10, 2014
Thank you for the opportunity to address you here today. We are meeting at a time when our values are being challenged and our country is being tested, not for the first or last time, in many parts of the world, but perhaps most starkly in the rise of the ISIL terrorist movement in Syria and Iraq. This has been a summer of horrific reminders that our capacity to imagine evil rarely measures up to the reality—a summer of mass executions, ethnic cleansing, the persecution of religious minorities, and the murder of two innocent Americans who came to Syria to help us understand the people suffering there, by foreigners who came to kill those people.
In my bureau in the State Department, especially the part dedicated to religious freedom, we have been watching this nightmare unfold, including growing sectarianism in Iraq and attacks on members of religious minorities, for some time. We know that when violence undermines the fragile order that keeps diverse societies together, when people seeking power or land start exploiting religious difference to get what they want, that is usually a warning sign of worse to come. So when ISIL attacked Mosul earlier this year; when it started forcing people to convert to its warped vision or be killed, we were horrified -- but saw it as the logical extension of the cancer that groups like this represent.
In early August ISIL fighters advanced into the Sinjar district of Iraq, near the Syrian border, where members of the Yezidi religious minority live. We don’t know for certain how many members of this ancient community were killed. Tens of thousands sought refuge on Mount Sinjar, the one piece of high ground not occupied by ISIL. Representatives of the Yezidi community in the United States contacted my staff, sharing this story of the forced exodus of an entire population, whose survivors were trapped, surrounded by ISIL, with probably days left before they would succumb to thirst or exposure.
Messages relayed from that mountain by cell phones with dying batteries, messages that told us precisely where the survivors were hiding and where the ISIL forces were massing, made their way to my office and were then relayed throughout the State Department, to the White House, to the Pentagon, and to CENTCOM. To help the Yezidis, President Obama authorized a humanitarian effort to save people trapped without food or water on Mount Sinjar; from August 8 to 13, the U.S. military conducted seven nightly airdrops, which provided more than 114,000 meals and even more importantly - 35,000 gallons of drinking water. The President also authorized targeted airstrikes to assist forces in Iraq as they fought to break ISIL’s siege of Mount Sinjar and evacuate these people before it was too late.
But this is obviously still the beginning. ISIL has not yet been defeated. As we look ahead to that challenge, I want to make just four simple points.
First, ISIL is unique. Not because it uses bombings, assassinations, and kidnappings to terrorize people, or because it seeks to control territory, but because it targets entire groups of minorities for particularly horrific and persistent violence, simply for who they are. It murders men who don’t agree to accept its warped version of Islam. It has kidnapped thousands of women belonging to other religious sects, taking them not simply as hostages, but as commodities, spoils of war to be raped or sold as slaves. When tyrants like Assad commit their crimes, they try to hide their tracks; they know on some level that what they do is shameful; ISIL puts its crimes on YouTube. This is a casting aside of all limits, something that makes ISIL arguably distinct even from al Qaeda. As Secretary Kerry has said, ISIL’s crimes “bear all the warning signs and hallmarks of genocide.” It is of the utmost importance that those who commit such acts not be allowed to project a narrative of invincibility and success, as ISIL has attempted to do these last few months.
Second, ISIL is not self-limiting. It won’t exhaust itself; it won’t draw-up at a certain point and decide that it has gone far enough or been sufficiently barbaric; it will always want more towns and regions to conquer, more lives to ravage and destroy. On the rare occasions in history when such evil has arisen, people with the power to stop it have had to stand up and stop it. It will not stop itself.
Third, ISIL will be defeated. As President Obama has said and will explain further tonight, these murderers have already failed. “Their horrific acts,” the president has emphasized, “only unite us as a country and stiffen our resolve.” They have repulsed and united the world as well. And that creates an opportunity we are seizing: to build a coalition that includes the countries in the Middle East most immediately threatened, and to confront these killers with allies from all the communities ISIL has attacked, Christian, Shia, Yezidi, Sunni and others.
It bears repeating that ISIL’s campaign is not fundamentally a religious phenomenon, or manifestation of mainstream Islam. Here is a great example: Last year, two wannabe jihadists, Yusuf Sarwar and Mohammed Ahmed, set off from England to join ISIL in Syria. Before they left, they ordered two books from Amazon: Islam for Dummies and The Koran for Dummies. This is a movement for people whose only religion is nihilism. The fellowship they seek is not from people seeking God, but from those who get their kicks from killing. And they will be destroyed first and foremost by those whose traditions of faith they have hijacked.
Finally, ISIL did not emerge from nothing. There’s a reason why such a destructive force ascended in this part of the world at this moment in history. It ascended because a dictator in Syria has spent three years trying to crush what began as a peaceful democratic movement, destroying towns and cities, driving half the people of his country from their homes, until some of them became so desperate that they turned to the false deliverance and destructive fanaticism ISIL offered. It ascended because many in Iraq’s Sunni population felt legitimate grievances were ignored by the government in Baghdad. ISIL not only abuses human rights; it is the product of the abuse of human rights.
We should remember that at bottom, human rights provide a way of arranging human society so that all people have a chance to pursue their ambitions within rules that require fair play and prohibit coercion. When such rules break down, the people who rise tend to be those most willing and able to impose their will violently. Most of those people will be run of the mill thugs. But some will be true sociopaths, the sort responsible for history’s greatest calamities. Calamities like this one.
So if anyone ever asks you, why do we try to spread respect for human rights in the world? Why do we press this cause even with friends and allies, in countries that appear to be stable and friendly to us? Why do we take the risk of coming to the aid of people who are persecuted for their beliefs or faith, or subject to mass atrocities? What is the worst that can happen if these things are just allowed to go on?
Here is your answer.
Sunday, September 14, 2014
SECRETARY KERRY'S STATEMENT ON SELECTION OF GEN. ALLEN AS PERSON IN CHARGE TO COUNTER ISIL COALITION
FROM: U.S. STATE DEPARTMENT
Announcement of General John Allen as Special Presidential Envoy for the Global Coalition to Counter ISIL
Press Statement
John Kerry
Secretary of State
Washington, DC
September 13, 2014
The United States has asked one of our most respected and experienced military experts, General John Allen, to join the State Department to serve as Special Presidential Envoy for the Global Coalition to Counter ISIL. In this role, General Allen will help build and sustain the coalition so it can operate across multiple lines of effort in order to degrade and ultimately destroy ISIL. General Allen is a patriot and a remarkable leader. His extraordinary career in the military speaks for itself. Whether as the top commander of NATO’s ISAF forces in Afghanistan during a critical period from 2011-2013, or as a deputy commander in Anbar during the Sunni awakening, or as a thinker, scholar, and teacher at the U.S. Naval Academy. And he has done significant public service out of uniform since he returned to civilian life. His commitment to country and to service has really been enduring.
Most recently we worked together very closely in designing new approaches to meet the long-term security needs of the state of Israel, and I could not be more pleased than to have General Allen coming on board now fulltime at the State Department.
He’ll be joined by a terrific team, including Deputy Assistant Secretary of State Brett McGurk, who will serve as General Allen’s deputy senior envoy with the rank of Ambassador. Not only has Brett been back and forth to Baghdad and Erbil almost every month this past year, but he has also spent a number of years over the past decade posted in Iraq as a top advisor to three different Ambassadors. Brett is one of our foremost experts on Iraq, and he will be integral to this effort’s success. Both General Allen and Ambassador McGurk will begin work immediately.
HOME HEALTH CARE COMPANY OWNER SENTENCED TO PRISON FOR ROLE IN $6.5 MILLION MEDICARE FRAUD
FROM: U.S. JUSTICE DEPARTMENT
Monday, September 8, 2014
Owner of Home Heath Care Company Sentenced to 75 Months in Prison for $6.5 Million Medicare Fraud Scheme
The owner and operator of a Miami home health care company was sentenced to 75 months in prison today for her participation in a $6.5 million Medicare fraud scheme involving the now defunct home health care company, Nestor’s Health Services Inc. (Nestor Home Health).
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, and Acting Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, made the announcement. U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida imposed the sentence.
Cruz Sonia Collado, 64, of Homestead, Florida, was an owner and operator of Nestor Home Health, a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries. On June 23, 2014, Collado pleaded guilty to one count of conspiracy to offer and pay health care kickbacks and to defraud the United States, and one count of offering and paying health care kickbacks. In addition to her prison term, Collado was sentenced to serve three years of supervised release and ordered to pay $6,536,657 in restitution.
According to court documents, Collado paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Nestor Home Health for home health care and therapy services that were medically unnecessary and, in many instances, not provided. Collado then fraudulently billed the Medicare program for home health care services on behalf of the recruited patients.
From March 2009 through at least January 2014, Nestor Home Health submitted more than $6.5 million in false claims for home health services. Medicare paid Nestor Home Health more than $6.1 million for these fraudulent claims.
The case was 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 Attorneys Anne P. McNamara and 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 nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
WASTEWATER GETS A COLD
FROM: NATIONAL SCIENCE FOUNDATION
Harnessing the power of viruses to improve wastewater treatment
Researcher developing a system to isolate and replicate a natural phenomenon
that removes pollutants and other contaminants
"Wherever bacteria exist, there are bacteriophages,'' says Ramesh Goel, an associate professor of civil and environmental engineering at the University of Utah. "If we go to any wetland, or streams or wastewater treatment process, bacteria are there, and so are bacteriophages."
Goel believes he can put this phenomenon to good use.
The National Science Foundation (NSF)-funded scientist, who studies the microbial ecology of natural and engineered systems, particularly those that use microbes to remove pollutants and other contaminants from waste water, is trying to harness the power of bacteriophages to rid treated wastewater of problematic bacteria that cause operational problems during treatment.
The use of bacteria in wastewater treatment has become increasingly popular in recent years, but it is not without challenges. Certain bacteria involved in the process, for example, called filamentous bacteria, continue to float on the surface of the water when the treatment is complete, rather than settle on the bottom where they can be removed through a simple physical process known as gravity settling.
"On the one hand, we use the bacteria to treat the water, but some are not cooperating and create problems," Goel says. "We end up having bacteria in our final, treated water."
The problem-causing bacteria are non-toxic to humans, making them harmless, but can cause problems if the treated water is discharged into streams or rivers, where they will consume oxygen and pose a threat to aquatic life.
"The danger is in having them escape with the treated water,'' he says, adding that to otherwise kill the bacteria "requires a lot of chlorine,'' as well as other challenges.
Goel is developing a system to isolate and replicate the viruses that infect several filamentous bacteria known to cause settling problems in biological wastewater treatment processes.
"The idea is to use either single or a mixture of phages to kill unwanted filamentous bacteria up to their optimum concentration, a process we call phage therapy for filamentous bulking," he says. "We have been able to demonstrate phage therapy for filamentous bulking in laboratory scale reactors. The next challenge is to bring it into practice for full scale applications."
In a related project, Goel also is trying to use phages to solve the problem of biofilm formation in wastewater treatment systems that use membrane filtering, rather than gravity settling. During this process, which sends treated wastewater flowing through a membrane to separate it from bacteria, the bacteria often form biofilms on the surface of the membranes, which are substances that resemble slime, a problem known as biofouling. Goel hopes to use bacteriophages to eliminate biofilms, thus preventing biofouling, either by direct application of phages or by using intermediate chemicals produced by phages that are capable of degrading biofilm.
If successful in these water treatments, the use of bacteriophages "will have tremendous impact, unimaginable impact, since these are worldwide problems," he says.
Goel thinks there may be additional future practical applications for bacteriophages separate from wastewater treatment. He sees potential for them in the health field, for example, in drug delivery or in using them to treat external bacterial infections, such as on skin, or on medical devices, such as catheters, "which sometimes get biofilms," he says. "You end up using expensive chemicals. Could we use phages to remove these biofilms?
"Can we use phages to deliver drugs?" he adds. "There may be some antibiotics we want to deliver that aren't reaching the person--the phages will not only kill that particular bacteria, but deliver the drug. These are all new ideas we are exploring."
Goel is conducting this research under an NSF Faculty Early Career Development (CAREER) award, which he received in 2011. The award supports junior faculty who exemplify the role of teacher-scholars through outstanding research, excellent education, and the integration of education and research within the context of the mission of their organization.
As part of the grant's educational component, Goel is hosting a number of local K-12 students in his lab, exposing them to the field of wastewater engineering and microbiology. He also is working with three women undergraduates in his lab; one of them, from the computer science department, is creating computer animations for public outreach.
"The whole idea is to use animations to create a virtual lab, something that will go beyond our borders and that we can share with other countries," he says. "The animations will show how phages infect bacteria, and we think they will really help students better understand these concepts."
-- Marlene Cimons, National Science Foundation
Investigators
Ramesh Goel
Related Institutions/Organizations
University of Utah
AG HOLDER ADDRESSES HISPANIC NATIONAL BAR ASSOCIATION CONVENTION
FROM: U.S. JUSTICE DEPARTMENT
Remarks by Attorney General Eric Holder at the Hispanic National Bar Association 39th Annual Convention
Washington, D.C. ~ Friday, September 12, 2014
Remarks as Prepared for Delivery
It’s a privilege to help welcome the Hispanic National Bar Association to our nation’s capital for your 39 th Annual Convention. And it’s a great pleasure, as always, to be in such distinguished company.
I’d like to thank President [Miguel Alexander] Pozo and the entire HNBA leadership team – along with your Honorary Convention Chair, Ricardo Anzaldua; President [Fernando] Rivero, of the Hispanic Bar Association of the District of Columbia; and all of this organization’s members – for everything you’ve done to bring us together this week. I’d also like to congratulate the award recipients who are being honored for their leadership over the course of this Latina Commission Awards Luncheon. And I want to recognize the law students, attorneys, and judges who make up this remarkable organization – and who have taken time away from their busy schedules and full dockets to take part in this important annual convention.
We come together today in a moment of great consequence – with critical challenges stretching before us. Six decades after Hernandez v. Texas extended the Constitution’s guarantee of equal protection to people of all races and backgrounds – and half a century since the passage of the Civil Rights Act finally codified American equality into American law – there’s no question that our nation has taken a range of extraordinary, once-unimaginable steps forward. Yet recent headlines remind us that these advances have not put the issue of equal justice to rest.
On the contrary: from America’s heartland to our southwest border, the events that have captured attention and sparked debate over the course of this summer illustrate that the fight for equality, opportunity, and justice is not yet over. These issues have not yet been relegated to the pages of history. And although this is a struggle that predates our Republic, it poses challenges as contemporary as any others we currently face.
For over four decades, the HNBA has stood at the forefront of national efforts to confront these challenges – by working to increase diversity on the bench and bar. By helping to educate the leaders of tomorrow. By empowering members of America’s Latino communities. And by fostering new opportunities for legal professionals of Hispanic heritage – and particularly Latinas in the law – so we can grow their ranks and ensure that their voices are heard from the chambers of our courts to the halls of Congress.
For me – and for my colleagues at every level of today’s Department of Justice – this work is also a personal and professional priority. More than ten years ago, during my service as Deputy Attorney General, I worked hard to strengthen the Justice Department’s internal efforts to build a diverse and effective workforce. When I returned to the Department as Attorney General, in 2009, I significantly expanded this work – because it not only improves our ability to draw on the skills and talents of everyone ; it also makes the Justice Department both more credible and more effective. In fact, since I understand this convention includes a job fair, I can’t pass up the chance to urge all of the young and aspiring attorneys in this crowd to consider a career in public service – and coming to work for me.
Beyond the institution itself, my colleagues and I also are striving to bolster the legal profession at large – by opening its doors to women and men from every race, background, ethnicity, and walk of life. According to the Pew Research Center, the Hispanic population in the United States currently exceeds 53 million people. It has increased almost sixfold since around the time the HNBA was founded. It’s doubled since the year 2000. Yet statistics show that, of the approximately 1.2 million attorneys working in the U.S. today, fewer than 50,000 – that’s less than four percent – identify as Hispanic.
Although women and people of color have made up an increasing percentage of both licensed lawyers and law students in recent years, the law continues to lag far behind many other professions. So we need to do everything in our power to ensure that the coming decades witness an uptick in the number of people of color, women, people with disabilities – and new immigrants – who find productive avenues into the legal field and the American workforce as a whole. And once they have fair opportunities to compete for these jobs, we need to close the “pay gap” – and make sure every worker is compensated according to their skills and experience, not simply their gender or gender identity.
As the HNBA has made clear throughout its history, all of us – both collectively and as individuals – have more work to do: to tear down persistent barriers, to combat discrimination, and to uphold the civil rights to which every person is entitled. In our comprehensive work to advance equality, we need to look far beyond law school campuses and workplaces. We need to keep building upon the exemplary record of civil rights enforcement that the Justice Department has established over the last five and a half years. We need to keep striving – through programs such as President Obama’s “My Brother’s Keeper” initiative – to address persistent opportunity gaps and ensure that all people can reach their full potential. And we need to summon our collective experience as legal professionals – and our shared commitment as a nation – to tackle the urgent challenges faced by millions of people every day: from America’s immigrant communities to our military bases; from our places of worship to our financial markets; and from our voting booths to our border areas – where, as you know, a critical situation is unfolding as we speak.
Among the most pressing of our domestic challenges is the problem of unaccompanied young people traveling to the United States and entering the country illegally. I know this is an issue with which we are all too familiar, and which has provoked intense discussion throughout the summer – both within, and far beyond, the United States. In fact, earlier this week, I traveled to Mexico City to hold meetings with my counterparts from Mexico, Guatemala, El Salvador, and Honduras. And this was among the major items on our agenda.
As the chief law enforcement officials for each of the nations we serve, my colleagues and I agreed to create a high-level working group, staffed by representatives from each of our offices, to develop an integrated strategy to deal with this situation. This working group will hold its first meeting in the coming weeks. And they will help us formulate a coordinated plan of action.
But another potential solution to this problem is obvious: fixing our broken immigration system. The Senate, on a bipartisan basis, has already passed a bill that would go a long way to doing just that. The issue is compelling, the solution is present and the need to reaffirm our commitment to remaining a nation of immigrants is critical. This is who we are as an exceptional nation. If we are to remain true to our heritage, we must fix our immigration system, bring people out of the shadows and establish a path to citizenship. There are a variety of ways in which much of this can be done and in the face of House inaction this Administration will proceed. It will do so lawfully and in a manner that is consistent with our values. We will, as Americans always have, seek to make our Union more perfect.
In the meantime – within America’s borders – the increasing numbers of unaccompanied children appearing in our immigration courts present an urgent challenge: how to conduct immigration proceedings in an efficient manner while any claims for relief are presented as clearly as possible. One way to address that challenge is to facilitate access to legal representation for these children. Though these children may not have a Constitutional right to a lawyer, we have policy reasons and a moral obligation to insure the presence of counsel. And that’s why the Justice Department began planning a legal aid program well before the recent surge of unaccompanied children.
Last July, President Obama announced the creation of a task force to expand national service, calling on federal agencies to meet that goal by creating volunteer opportunities that are aligned with agency priorities. The Justice Department’s response to that call was clear. By partnering with the Corporation for National and Community Service to design and implement a new legal aid program, the Department is protecting vulnerable populations while improving our operations and strengthening the delivery of Department services in their communities.
The first phase of this new program – known as “justice AmeriCorps” – was announced in June. It will provide legal aid to children who make the long and often dangerous journey to the U.S. without a parent or legal guardian. And this week, we are taking the next step in this work – by announcing approximately $1.8 million in grant awards to legal aid organizations in more than 15 cities around the country.
These grants will enable recipients to enroll approximately 100 lawyers and paralegals as justice AmeriCorps members, who – after extensive training in December – will begin to represent these children in our immigration courts in early 2015. The justice AmeriCorps members will also help to identify children who have been victims of human trafficking or abuse – and, as appropriate, will refer them to support services and authorities responsible for investigating and prosecuting those who perpetrate such crimes.
This initiative reaffirms our allegiance to the values that have always shaped our pursuit of justice. It will bolster the efficacy and efficiency of our immigration courts, empower new generations of aspiring attorneys and paralegals to serve their country, and provide important legal aid to some of the most vulnerable individuals who interact with our immigration system. Most importantly, it will bring our system closer to our highest ideals – because the way we treat those in need, and particularly young people who may be fleeing from abuse, persecution, and violence, goes to the core of who we are as a nation.
Fortunately, thanks to the work that’s underway; the leadership of President Obama and other Administration officials; and the tireless efforts of nonpartisan groups like the Hispanic National Bar Association, it’s clear that we stand together this week – in defiance of gridlock and the narrow politics of the moment – truly “Unidos en Washington.” We stand together in our assertion that civil rights are human rights – and they must be extended to all. We stand together in our demand that equal work should be performed for equal pay – and our daughters deserve the same opportunities as our sons. And we stand together in our conviction that it is both the right – and the responsibility – of every American to forge his or her own future; to build on the progress we’ve seen in recent decades; and to extend the promise of our great country until it includes every single person who dares, and dreams, to call this nation their home.
As we carry this work into the future, I want you to know how proud I am to count you as colleagues and partners. Always remember that positive change is not inevitable. It is a function of hard work and resilience. I am confident that - together - we will make our great nation even more great, more just. I look forward to everything we will achieve together in the months and years ahead. And I thank you, once again, for all that you do.
Saturday, September 13, 2014
PRESS AVAILABILITY: SECRETARY KERRY AND EGYPTIAN FOREIGN MINISTER SAMEH SHOUKRY
FROM: U.S. STATE DEPARTMENT
Joint Press Availability With Egyptian Foreign Minister Sameh Shoukry
Press Availability
John Kerry
Secretary of State
Cairo, Egypt
September 13, 2014
They also discussed the meeting that they held in – concerning terrorism and joint and common action in order to address the phenomena of terrorism in general, and also with respect to the spread of ISIS throughout Syria and Iraq. They also discussed the importance of the strategic relationship between the U.S. and Egypt, and they agreed on the importance of continuing this relationship and further enhancing in the service of the interests of both countries on the basis of mutual respect and also the status of the U.S. as a major global power and Egypt as a regional power. And they focused on the political scene and the ability of each party to positively impact the situation and reach a positive resolution to several issues in the region.
The discussions also addressed the Palestinian question, which is a central problem in the Middle East region, and there was agreement in opinion over the importance of resuming the Palestinian-Israeli negotiations leading up to the founding of a Palestinian state on Palestinian territory with Jerusalem – East Jerusalem as its capital. And there was agreement that resolving this problem will result in stability and the removal of several of the root causes of tension at the regional and global levels.
I would welcome Secretary Kerry, and I have had the opportunity to discuss several issues with him here in Egypt and also through the constant communication that we have together, and I would like to thank him for his cooperation, and I hope there would be certainly more opportunities in the future to continue our joint work in the interest of both countries. Thank you.
SECRETARY KERRY: Well, thank you very much, Foreign Minister Shoukry, my friend Sameh. I’m very appreciative for that. I’m very appreciative for the welcome here. And indeed, Foreign Minister Shoukry and I are constantly in touch with each other, and I think we have a very strong working relationship which is now defining itself even in more initiatives that we will be working on together. I’m very pleased to be back here in Cairo and I’m very grateful to Foreign Minister Shoukry and President al-Sisi for their invitation to come back here in order to talk about the coalition that we are building to deal with ISIL, but also to deal with a number of other very complicated and important issues in the region, ranging from Gaza-Palestine to the Iran nuclear negotiations, Libya, and other issues.
I had an opportunity to meet this morning also with Secretary General Nabil Eraraby of the Arab League, and I want to thank the Secretary General for his continued commitment to peace and to security within the Arab world. The relationship that the United States and Egypt share has long been a critical part of the United States relationship with the entire region. And today, I reiterated to President al-Sisi and to Foreign Minister Shoukry the United States commitment and desire to see Egypt succeed in the many transitions that it currently faces. We will support Egypt as it undertakes significant economic reforms, as it holds parliamentary elections at near term, and as it works to follow through on its pledge to protect human rights, which we believe is an essential ingredient of stability.
We also pledged to continue to work closely with Egypt to advance our common strategic interests, a number of which were the centerpiece of our discussions here today. I reiterated to President al-Sisi and to Foreign Minister Shoukry how appreciative we are of Egypt’s leadership in brokering the Gaza cease-fire. Together, our nations and other international partners will continue to discuss the path forward for the two parties to be able to reconvene in Cairo, to work through the critical underlying issues that have stood in the way of an enduring cease-fire, and frankly have prevented it for too long.
We also discussed the clear need to support the elected government next door in Libya. Both Egypt and the United States understand that while our nations must continue to push for a peaceful resolution, ultimately, the Libyan people and their elected representatives are the only ones who can decide that it is time to resolve their conflicts through constructive political dialogue. And we hope they will make that decision as swiftly as possible. What we both know is they had an election, the election had an outcome, and everyone should respect the outcome of that election.
Our conversations also focused extensively on our shared fight against terrorism and extremism. Egypt is on the front lines of extremist threats, particularly when it comes to the extremist groups in the Sinai. And that is why, in an effort to support the Egyptian Government’s work to counter those threats, last month we announced our intention to deliver 10 Apache helicopters to the Egyptian military. The fact is that in today’s globalized world, it’s only a matter of time before the threat of terrorism anywhere becomes a threat of terrorism everywhere.
That has certainly been proven true in the case of ISIL. It is an organization whose brutality and sheer evil knows no bounds. ISIL claims to be fighting on behalf of Islam, but it actually has nothing to do with Islam. It is increasingly clear that its message of hate is rejected by the overwhelming majority of Muslims all around the world. I have heard this loud and clear from leader after leader in Muslim states that I have visited, and it is clear in the pronouncements of religious leaders around the world in meetings that I have had throughout the region this week, including the conference in Jeddah where I met with the leaders from Egypt, Turkey, Jordan, Iraq, Lebanon and the GCC states. And we all met with the sole goal of discussing the global effort to take on ISIL and to continue to fight against terrorism.
As an intellectual and cultural capital of the Muslim world, Egypt has a critical role to play in publicly renouncing the ideology that ISIL disseminates. This was a very important feature of our discussions in Jeddah and again today here in Cairo. And it is something that the Egyptian religious establishments at Al Azhar and Dar al-Ifta – they both fully support and understand.
As President Obama explained earlier this week, we believe the only way to eliminate the ISIL threat is by building a global coalition that will support the Iraqi Government across a number of critical efforts, including by providing military support, but also – importantly, because this won’t be done by military alone – importantly, humanitarian aid, by addressing the illicit funding streams that come to ISIL, by stopping the flow of foreign fighters which all countries can become engaged in, and by repudiating the gross distortion of Islam that ISIL is spreading to whoever will listen.
So we’re very grateful that both Egypt and the Arab League have supported this coalition every step of the way. And in each of the meetings that I had today, we discussed how we could better accelerate the efforts in bringing more nations on board and in dividing up the responsibilities. We also discussed the urgent need to engage our international partners as well as Iraq’s diverse groups in supporting the new, inclusive Iraq Government. And this needs to be at the forefront of every aspect of the global coalition’s work.
Today, we discussed with President al-Sisi steps that Egypt can and will take with respect to Iraq. And I’m very pleased to say that today, Prime Minister Abadi, the new prime minister of Iraq, announced that they are taking some very specific steps to minimize the potential for any civilian casualties as they take on ISIL in populated areas.
On Monday, Foreign Minister Shoukry, Secretary General Elaraby, and I will meet again in Paris for the International Conference on Peace and Security in Iraq. And there, we will continue our work to move the coalition forward. Almost every country has an ability to play some kind of a role in this fight against ISIL, and to join this coalition one way or the other. And we are committed to working with nations in every corner of the globe to figure out in what way they can constructively contribute to the effort to push back against terrorism.
The bottom line is that terrorists like ISIL have no place in the modern world, but it’s up to the world to enforce that truth. Engaging the global community of nations in that effort is our goal in Paris, and it will be our goal at the United Nations General Assembly in several different events that will focus on Iraq and on ISIL and on foreign fighters. And it will be our goal, I am convinced, from our meetings today and over the last week – it will be our goal, in every meeting that we have on the international basis together, working to degrade and ultimately to defeat ISIL wherever it exists. Thank you.
MODERATOR: (In Arabic.)
QUESTION: (Via interpreter) (Inaudible.) My question is to John Kerry. U.S.-Egyptian relations have witnessed perhaps some (inaudible). But what is the future of these relations and what’s the strategic dimension in this relationship?
And my question to Minister Shoukry: There are meetings that are taking place (inaudible) countries and most of the UN. What is Egypt’s vision regarding what’s going on? And also what is its position towards the situation in Iraq and fighting terrorism? Thank you.
SECRETARY KERRY: Do you want me to go first now?
FOREIGN MINISTER SHOUKRY: Please.
SECRETARY KERRY: Well, thank you for the question. As I think you know, I served in the United States Senate for 29 years, and many times as a senator, I came here to Egypt, to Cairo. So for many years, I have had a sense of the importance of Egypt. Egypt is one quarter of the population of the Arab world. And as I said in my comments a moment ago, Egypt is a cultural, an intellectual center as well as a critical leader with respect to this part of the world, and obviously, with its history, carries great importance on a global basis.
Egypt has been going through an enormous transition itself in these last few years. Most importantly, the people of Egypt have had a chance to vote and define their future. And President al-Sisi is now trying to work hard to implement that future, and the United States wants this government to succeed, because its success is important to the region, important to all Egyptians, obviously, and important to the world. Egypt is an ally, an important partner in regional security. Egypt had the courage to make peace years ago with Israel, and that brought great pain and suffering to Egypt, but it was a courageous act. It was the right thing to do. And today, Egypt is helping to broker a cease-fire to make peace a leader for stability and for the region.
So we have great hopes that this economic transition, this cultural, this political transition taking place will grow in its dimensions. And President al-Sisi reaffirmed to me today the commitment of Egypt to hold the parliamentary elections, the importance of moving forward on any number of fronts to stabilize, to attract capital, to bring business in, to create jobs, and to focus on the real business of governing. The United States will work with Egypt in that process because of our longstanding friendship of importance.
And yes, sometimes friends have a disagreement over one thing or another, but friends also understand the roots of their relationship and the reason for continuing to work for those things that are of common interest. That’s exactly what the United States and Egypt will continue to do.
FOREIGN MINISTER SHOUKRY: (Via interpreter) (Inaudible) responsibility with respect to achieving stability in the Middle East and at a global level. This is an immediate interest to Egyptian national interest and reflects the desire of the Egyptian people to create a framework that would respond to its own needs and development and (inaudible), also to build a modern democratic state that would positively respond and react on its regional and international (inaudible).
The (inaudible) have put forward a vision for fighting terrorism and the rise of – and also to fight ISIL because Egypt believes that it’s very important for the world to continue their efforts strongly to fight this extremism and these terrorist actions that take Islam as a cover, when in reality, they seek to realize political gains and use military methods and barbaric methods. This cannot be in line with the (inaudible) of the modern times or the interest of the peoples of the region. We support all international effort to fight terrorism and we support these efforts and we will take all measures that are intended to eliminate this phenomena altogether, whether in Libya or any other part of the Arab world or in the African continent in particular.
With respect to the Libyan issue, on the 13th, we will hold a conference on Libya with the participation of our European partners who also look at the political structure that Egypt has proposed to find a resolution – political solution to the situation in Libya, and to also alert people to the threats associated with the use of military action. We are also considering the interests of the Libyan people and we hope that the conflicting parties would come together for a political solution. At the same time, we will also continue to support the legitimacy of the Libyan Government and parliament, because it’s the only true reflecting, of course, of the desire of the Libyan people who have elected, and that has been recognized also by the international community.
We hope that this support will assist the Libyan people and institutions in restoring their ability to control the future of Libya.
MODERATOR: And (inaudible), Jason from Reuters.
QUESTION: My first question is for Mr. Foreign Minister. Is there any evidence of Islamic states or ISIL linking up with Ansar either through teaching or other forms of cooperation, and is this a concern? And I just have a follow-up: From your perspective, should the coalition against ISIL be brought in doubt – or, sorry, be limited to Sunni Arabs? Should it include Iran?
And, sorry, one last follow-up question for Mr. Secretary: You keep raising human rights issues and Egypt’s leaders keep disregarding you, most notably when three Al Jazeera journalists were jailed a day after you called for their release. Isn’t it clear the Egyptians are disregarding your concerns because they understand you want their cooperation in counterterrorism?
FOREIGN MINISTER SHOUKRY: (Via interpreter) With respect to the first part of the question and the relations between terrorist organization, we definitely monitor these relationships between the various organizations, and in the end, this – ideologically speaking, this organization is linked and these organizations share that common vision, and we don’t believe there’s a different – perhaps just in the tactics used by these organizations and the way they depict themselves to the international community.
But we believe that this extremist, exclusionary ideology is common among all terrorist organizations, and the cooperation is something we monitor, and we realize that they cross borders and defeat the idea of the national state, and they want to eliminate these states so that this extremist ideology will prevail. We believe also that this action and the elimination of terrorism is a collective responsibility for members of the international community, and we will take honest and credible steps in order to achieve this goal to prevent any form of funding or communication any (inaudible) between these organizations, and also to fight the ideas of these extremist organization. There should be agreement between members of the international community to eliminate these phenomena wherever they may be.
SECRETARY KERRY: Look, let me be clear. The United States doesn’t ever trade its concern for human rights for any other objective. It is always a concern. It’s an honest concern. And we had a frank discussion today about the concerns that have been expressed. I believe that President al-Sisi and Foreign Minister Shoukry and others are well aware of concerns that have been expressed and are, in fact, working at a number of things, including reviewing the demonstration law and other things that have been expressed as part of those concerns.
Now, just as in the United States, we have a separation of powers, so they have a separation of powers here with an independent judiciary. And I am personally confident that over the course of the next weeks, months, days – on an appropriate schedule that is controlled by Egyptians, not by me or anybody else complaining – that issues will be addressed as they ought to be. And I am confident that this is a concern shared by this government, and let’s just see how things play out in the months and days ahead.
FTC CHARGES LEAD TO BAN AGAINST MARKETER OF 'FAT BURNER' DIET PILLS
FROM: U.S. FEDERAL TRADE COMMISSION
FTC Settlement Bans Marketer Behind ‘Fat Burner’ Diet Pills from Manufacturing, Marketing Weight-Loss Products
John Matthew Dwyer III, the co-founder of HealthyLife Sciences, LLC, has agreed to be banned from the weight-loss industry to settle FTC charges of deceptive advertising.
Dwyer and HealthyLife Sciences advertised that their Healthe Trim supplements – which were sold online and at CVS, GNC, and Walgreens for up to $65 for a month’s supply – would cause rapid and substantial weight loss of as much as 165 pounds, according to the FTC. HealthyLife Sciences sold an Original Formula that purportedly contained hoodia gordonii as well as formulas containing raspberry ketone, green coffee bean, and garcinia cambogia. The advertising relied heavily on consumer testimonials, which portrayed losing weight as easy.
“Losing weight is rarely easy, and it would be a miracle if a pill made it so,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Consumers should be skeptical when a product like this one claims to make weight loss easy.”
In radio and television ads, Dwyer and HealthyLife Sciences claimed Healthe Trim was clinically proven to cause weight loss, and would suppress users’ appetites and boost their metabolisms to help them lose weight without exercising or changing their daily routine. They used the tagline “Get High School Skinny,” and included testimonials from consumers who claimed that the weight was just “falling off.”
Under the settlements, Dwyer is banned from manufacturing and marketing weight-loss products. HealthyLife Sciences is banned from advertising that its products cause weight loss of two pounds or more a week for a month or more without dieting or exercise; cause substantial weight loss no matter what or how much the user eats; cause permanent weight loss; block the absorption of fat or calories to enable the user to lose substantial weight; safely enable users to lose more than three pounds per week for more than four weeks; cause substantial weight loss for all users; or cause substantial weight loss by wearing a product on the body or rubbing it into the skin. The FTC has previously issued guidance that these “gut check” claims are always false when made for dietary supplements, over-the-counter drugs, or patches, creams, wraps, and similar products worn on the body or rubbed into the skin.
The settlement with HealthyLife Sciences also requires that the company have two randomized, double-blind, placebo-controlled human clinical trials to support other claims relating to weight loss, increased metabolism, or appetite suppression. Both Dwyer and HealthyLife Sciences are prohibited from claiming that any dietary supplement, food, or drug is effective unless they have competent and reliable scientific evidence to back up the claims. They also are prohibited from misrepresenting the results of any tests, studies, or research. And they are required to retain data from human clinical trials used to support their advertising claims.
Consumers should carefully evaluate advertising for weight-loss products and for products that claim to cure diseases. For more information, see: Weight Loss & Fitness and Miracle Health Claims. Publishers, broadcasters, and marketers should consult Gut Check: A Reference Guide for Media on Spotting False Weight-Loss Claims.
The Commission vote to accept the proposed administrative consent orders for public comment was 5-0.
The FTC will publish a description of the consent orders in the Federal Register shortly. The orders will be subject to public comment for 30 days, beginning today and continuing through October 14, 2014, after which the Commission will decide whether to make the proposed consent orders final. Interested parties can submit written comments electronically or in paper form by following the instructions in the “Supplementary Information” section of the Federal Register notice.
The FTC is a member of the National Prevention Council, which provides coordination and leadership at the federal level regarding prevention, wellness, and health promotion practices. This case advances the National Prevention Strategy’s goal of increasing the number of Americans who are healthy at every stage of life.
NOTE: 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.
ARMY GEN. JACOBY'S REFELCTIONS ON 9-11
Right: Army Gen. Charles H. Jacoby Jr., commander of North American Aerospace Defense Command and U.S. Northern Command, addresses nearly 700 service members and community leaders from across Colorado Springs at the 9/11 Commemoration held at Cheyenne Mountain Air Force Station, Sept. 11, 2014. U.S. Air Force photo by Master Sgt. Andy Bellamy
ISIL Fight Fitting Backdrop to 9/11 Reflections, Jacoby Says
By Cheryl Pellerin
DoD News, Defense Media Activity
WASHINGTON, Sept. 11, 2014 – International efforts of the United States to deal effectively and decisively with the scourge of Islamic State of Iraq and the Levant terrorists is a fitting backdrop to reflections taken on a mountain in Colorado on the 13th anniversary of 9/11, the commander of U.S. Northern Command said today.
President Barack Obama unveiled a plan last night for the United States, along with an international coalition, to defeat the terrorist group.
Army Gen. Charles H. Jacoby Jr., the commander of the 56-year-old North American Aerospace Defense Command, or NORAD, and U.S. Northern Command, established after the terrorist attacks of Sept. 11, 2001, spoke this afternoon during the first Colorado Springs Combined Military 9/11 Commemoration at Cheyenne Mountain Air Force Station in Colorado Springs.
NORAD is a binational military command formally established in 1958 by the United States and Canada to monitor and defend North American airspace. A maritime warning mission was added in 2006.
Canadian Defense Minster Rob Nicholson also spoke at the event, along with Melodie Homer, widow of United Airlines Flight 93 pilot LeRoy W. Homer Jr.
“As we work to build a coalition to confront the ISIS threat,” Jacoby said in his opening remarks, using an acronym by which the terrorists also are known, “we also reflect on how, on 9/11, America’s friends and allies stood by us shoulder to shoulder, and we can say with certainty that no one has stood by us closer than our Canadian partners.”
Jacoby introduced the Canadian defense minister by noting that Canada is leading the way in the world response to what he called “the latest manifestation of murderous extremist ideology.”
Truly, the general added, “we know no better friends than our Canadian neighbors.”
“Today we remember more than 2,700 Americans, 24 Canadians and more than 350 other victims from around the world who tragically lost their lives on Sept. 11, 2001,” Nicholson said. Canadians were shocked at the audacity and cruelty of the attacks and horrified by the invasion of North America, the defense minister added, “a continent we believed was relatively safe and distant from the threat of terrorism.”
Swift reaction
The Canadian sense of security was shattered, but NORAD’s reaction was swift, he said. Nearly 200 armed aircraft were deployed into U.S. skies, and all nonessential U.S. air traffic was grounded. Canada responded by receiving 293 flights that were to have landed in the United States until the grounding order came.
“Canadians across the country opened up their hearts and homes to more than 33,000 stranded travelers,” Nicholson said, “offering them shelter, food and comfort. The actions of Canadians that day stand as a powerful example of the Canadian-U.S. relationship.”
U.S.-Canadian defense cooperation grew stronger during years of military engagement in Afghanistan, he added, and by the time Canada withdrew from Afghanistan in March, 40,000 of its men and women had fought there – the largest deployment of Canadian military personnel since World War II.
The two nations also work together to bring peace to the region during Russia’s aggressive military actions and provocation of Ukraine, and as participants in NATO’s reassurance measures to promote security and stability in central and eastern Europe, Nicholson said.
Both nations also work together at home, the defense minister added, intensifying their joint training and exercise regime and making important investments in counterterrorism and intelligence capabilities to better detect, prevent and address potential threats.
“This is why it is especially meaningful to be here at NORAD to mark the 13th anniversary of Sept. 11,” Nicholson said. “Seeing Canadian and American military personnel working side by side at this impressive facility is a testament to the fact that our defense partnership accords us greater security than we could ever achieve alone. We pledge to continue our work to reinforce our joint defense of the continent so that we may never see such a terrible day again.”
A widow remembers
Next, Air Force Gen. John Hyten, commander of Air Force Space Command, introduced Melodie Homer, widow of Leroy W. Homer Jr., first officer of United Airlines Flight 93.
The morning of Sept. 11, 2001, the crew and passengers of his flight attempted to overtake four hijackers before crashing into a field in Shanksville, Pennsylvania, rather than its intended target, the U.S. Capitol.
Homer founded the Leroy W. Homer Foundation in 2002 in memory of her husband, a 1987 graduate of the U.S. Air Force Academy. The foundation encourages young adults who wish to pursue aviation careers by awarding flight scholarships.
She’s president and founder of the foundation, works as a clinical nursing instructor and has 20 years of nursing experience in the United States and Canada, where she was born.
In her remarks, Homer described the day 13 years ago that her husband of more than three years left for work and never came home. Their daughter was 10 months old.
“To this day, I think it’s hard for us to conceptualize the loss of 2,973 lives,” she said. “Using airplanes as weapons of mass destruction to take innocent lives and destroy symbols of this country’s freedoms was unimaginable.”
Gratitude for protection
Both governments worked quickly, Homer added.
“Homeland Security was created, NORAD was working with the Canadian government to keep the airspace safe for North America, and I say on behalf of both countries, we are grateful for your protection and for keeping us safe for the past 13 years,” she said.
“On occasions such as this we are reminded that we do have to continue to be vigilant,” Homer added. “Those who wish to harm our way of life will never stop trying.”
As Homer finished her remarks, Jacoby stepped forward and presented her with a piece of granite that he described as “blasted from the heart of our beautiful Cheyenne Mountain.” He said the rock “represents the Cold War generation that had the strength and courage to prevail against the threat of that era, and it provides us strength and inspiration to prevail against the threats today.”
Honoring those lost
Sharing his own thoughts, the general said that the 700 U.S. and Canadian service members and state and local leaders were there today first to remember and honor the lives lost on September 11, 2001, “as are millions of others across the country and around the world. We have done that every year, and we’ll always do it, and we always must.”
Jacoby added, “Today as we continue to fight against another ideological extremist terrorist organization, I would argue that remembering how we felt on 9/11, remembering our commitment, has never been more relevant.”
The general said Americans may have lost feelings of invulnerability and innocence but gained things as well.
“We rolled up our sleeves as nations of strong communities and we committed to doing whatever it took to answer the challenges to our safety, to our security and to our pride, like generations before us have done,” he said.
A dangerous world
The world has changed significantly in the 13 years since 9/11 but it remains a very dangerous place, Jacoby added. “You only need to watch the morning news or attend my daily intel brief to know that’s true.”
The faces and locations of extremism have changed but the senseless violence and hatred in its heart has not, he said, “and the families of James Foley and Steven Sotloff are in our thoughts today.”
The free nations of the world are more vulnerable than ever, the general said, “even while our hearts and our spirit remain as they were on Sept. 10, inclined toward peace and cooperation.”
The fights of the last 13 years have been difficult and the challenge remains, but there are more fights ahead, Jacoby added.
“We must look to the inspiration as well as the tragedy of 9/ll to keep us faithful to our values, firm in our commitments and steadfast in our hopes,” he said.
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