FROM: U.S. STATE DEPARTMENT
Samantha Power
U.S. Permanent Representative to the United Nations
New York, NY
December 15, 2014
FOR IMMEDIATE RELEASE
On September 23, 2011, only months after South Sudan gained its independence and joined the United Nations, President Salva Kiir climbed the dais at the UN to address the General Assembly for the first time. He spoke of South Sudan’s commitment to political pluralism and “to fostering world peace and prosperity for the benefit of all humankind.” A year later, in his first speech before the UN General Assembly, then-Vice President Riek Machar reiterated that promise, and asked that South Sudan’s friends around the world continue supporting the country’s political and economic goals. The world stood with South Sudan from the outset. In 2011, the UN Security Council established the UN Mission in the Republic of South Sudan (UNMISS) to help the young nation consolidate peace and security and to assist laying the groundwork for future development in the years following its independence.
Despite the international community’s support for South Sudan’s independence, the nation’s political and military leaders have unleashed a conflict that has devastated the country. One year ago today, internal political fighting turned bloody on the streets of Juba in clashes between Dinka and Nuer soldiers. That event quickly metastasized into a broader ethnic and armed conflict, unleashing a wave of targeted attacks on civilians that has produced a political, economic and humanitarian crisis of colossal proportions and that threatens regional stability. In one year of violence, it’s estimated that tens of thousands of people have been killed. There are 1.9 million internally displaced people and nearly 500,000 refugees in neighboring countries. Civilians have been murdered as they sought shelter in churches and mosques, and have been forcibly recruited to fight in militias. The risk of a man-made famine once again hangs over the country.
The United States again condemns in the strongest possible terms the ongoing violence in South Sudan, and we remain deeply concerned by the government and opposition’s persistent failure to negotiate a peaceful resolution to the crisis. When the UN Security Council visited Juba in August of this year, I made very clear during our conversations with both leaders that the United States and the United Nations expected both sides to uphold their previous agreements to end hostilities and negotiate earnestly both peace and a transitional government framework.
The United States urges South Sudan’s leaders to engage more urgently and more seriously in the Inter-governmental Authority on Development-led peace talks in Addis Ababa. We stand ready to work with South Sudan’s leaders if they take concrete steps toward peace. We are equally prepared to work with the international community, including the UN Security Council, to hold political spoilers and human rights abusers accountable.
The United States reaffirms its support for UNMISS and urges those countries that have committed troops and equipment to the mission to deploy them quickly. UNMISS must operate at full strength, and it must protect civilians. With over 102,000 people seeking refuge at UNMISS facilities, we remind all parties that UN sites, facilities, personnel and all sheltering civilians must be protected, and that attacks on those facilities, the forces guarding them, and the civilians sheltering inside could constitute war crimes. We further stress that UN and other humanitarian agencies must have safe, unfettered access to those in need of assistance throughout the country.
The commitment of the United Sates to the people of South Sudan is unwavering. But all the good will and humanitarian assistance in the world are no substitute for the difficult compromises necessary to end man-made violence and begin the process of accountability and reconciliation needed to build a sustainable future. Today, the country is at a crossroads. Its political and military leaders must demonstrate courage and lead the nation out of this horrific, self-inflicted, and pointless cycle of violence. If they do not take the necessary steps for peace, they will own the responsibility for war and mass atrocity – just what they fought to erase when they secured independence for South Sudan.
Monday, December 15, 2014
MORTGAGE MODIFICATON AND LOAN COMPANY BANNED FROM MORTGAGE MODIFICATION AND LOAN BUSINESS
FROM: U.S. FEDERAL TRADE COMMISSION
FTC Settlement Bans Florida Scammer from Mortgage Modification and Loan Business
FTC: Defendants Targeted Homeowners in Financial Distress
A Florida-based scammer will be banned from the mortgage modification business as part of a settlement resolving Federal Trade Commission charges that he tricked financially strapped consumers into paying for mortgage-relief services that he never provided.
“Years after the economic meltdown, the FTC is still exposing and shutting down bogus mortgage relief schemes,” said Jessica Rich, Director of the Bureau of Consumer Protection. “This case highlights the depths to which scammers will sink to defraud struggling homeowners, and our resolve to hold them accountable.”
According to the FTC’s complaint, filed earlier this year, Jonathan Herbert and his Fort Lauderdale-based operation falsely claimed that it was affiliated with the federal government’s Making Homes Affordable assistance program, and that it would renegotiate consumers’ mortgages to reduce monthly payments by several hundred dollars. The FTC alleged that Herbert hid his involvement in the scam through the use of stolen identities, shell corporations, and other ruses.
Deceptively using the Federal Deposit Insurance Corporation’s (FDIC) logo and calling itself the “Federal Debt Commission,” the “Federal Mortgage Marketplace,” and the “Federal Assistance Program,” Herbert’s companies promised consumers their mortgage modifications would be completed quickly and for free. They also told consumers to stop communicating with their lenders, and to send their “new” mortgage payments to addresses in Washington, DC, which turned out to be UPS Stores, not government office buildings. These payments were then forwarded to Herbert in Florida.
Although Herbert and his companies collected more than $800,000 in payments from hundreds of consumers, they made no effort to obtain loan modifications and did not apply any of the money to pay down consumers’ existing mortgages. As a result, many consumers lost their homes, as well as thousands of dollars.
The court order settling the FTC’s charges imposes a judgment of $815,865. It also bans Herbert for life from any involvement with all debt-relief programs, including mortgage loan modifications. The order also prohibits him from misrepresenting any aspect of a financial product or service or the terms and conditions associated with such products or services.
The order also prohibits the defendants from disclosing any of the consumer information obtained through their fraudulent operations and prohibits anyone associated with them from collecting payments from any consumers who agreed to buy their fake mortgage relief services.
For consumer information about avoiding mortgage and foreclosure rescue scams, see Home Loans.
The Commission vote approving the proposed final order was 5-0. The stipulated final order was filed in the U.S. District Court for the Southern District of Florida, and entered on December 12, 2014.
The court order announced today settles the FTC’s charges against: FMC Counseling Services, Inc.; FDC Assoc Group, Inc.; FDC Businesses, Inc.; FMC Review Corporation, NDR Group, Inc.; FMC Consultants Group, Inc., and Jonathan L. Herbert, individually and doing business as Federal Debt Commission, Inc; FDC Financial, Inc., and FDC Consultants, Inc.
NOTE: Stipulated final orders have the force of law when approved and signed by the District Court judge.
FTC Settlement Bans Florida Scammer from Mortgage Modification and Loan Business
FTC: Defendants Targeted Homeowners in Financial Distress
A Florida-based scammer will be banned from the mortgage modification business as part of a settlement resolving Federal Trade Commission charges that he tricked financially strapped consumers into paying for mortgage-relief services that he never provided.
“Years after the economic meltdown, the FTC is still exposing and shutting down bogus mortgage relief schemes,” said Jessica Rich, Director of the Bureau of Consumer Protection. “This case highlights the depths to which scammers will sink to defraud struggling homeowners, and our resolve to hold them accountable.”
According to the FTC’s complaint, filed earlier this year, Jonathan Herbert and his Fort Lauderdale-based operation falsely claimed that it was affiliated with the federal government’s Making Homes Affordable assistance program, and that it would renegotiate consumers’ mortgages to reduce monthly payments by several hundred dollars. The FTC alleged that Herbert hid his involvement in the scam through the use of stolen identities, shell corporations, and other ruses.
Deceptively using the Federal Deposit Insurance Corporation’s (FDIC) logo and calling itself the “Federal Debt Commission,” the “Federal Mortgage Marketplace,” and the “Federal Assistance Program,” Herbert’s companies promised consumers their mortgage modifications would be completed quickly and for free. They also told consumers to stop communicating with their lenders, and to send their “new” mortgage payments to addresses in Washington, DC, which turned out to be UPS Stores, not government office buildings. These payments were then forwarded to Herbert in Florida.
Although Herbert and his companies collected more than $800,000 in payments from hundreds of consumers, they made no effort to obtain loan modifications and did not apply any of the money to pay down consumers’ existing mortgages. As a result, many consumers lost their homes, as well as thousands of dollars.
The court order settling the FTC’s charges imposes a judgment of $815,865. It also bans Herbert for life from any involvement with all debt-relief programs, including mortgage loan modifications. The order also prohibits him from misrepresenting any aspect of a financial product or service or the terms and conditions associated with such products or services.
The order also prohibits the defendants from disclosing any of the consumer information obtained through their fraudulent operations and prohibits anyone associated with them from collecting payments from any consumers who agreed to buy their fake mortgage relief services.
For consumer information about avoiding mortgage and foreclosure rescue scams, see Home Loans.
The Commission vote approving the proposed final order was 5-0. The stipulated final order was filed in the U.S. District Court for the Southern District of Florida, and entered on December 12, 2014.
The court order announced today settles the FTC’s charges against: FMC Counseling Services, Inc.; FDC Assoc Group, Inc.; FDC Businesses, Inc.; FMC Review Corporation, NDR Group, Inc.; FMC Consultants Group, Inc., and Jonathan L. Herbert, individually and doing business as Federal Debt Commission, Inc; FDC Financial, Inc., and FDC Consultants, Inc.
NOTE: Stipulated final orders have the force of law when approved and signed by the District Court judge.
U.S. CONGRATULATES PRIME MINISTER ABE ON JAPANESE ELECTIONS
FROM: THE WHITE HOUSE JAPANESE ELECTIONS
December 14, 2014
Statement by the Press Secretary on the Japanese Elections
On behalf of the President and people of the United States, we congratulate Prime Minister Abe on the Liberal Democratic Party's success in the elections in Japan today.
The U.S.-Japan alliance is the cornerstone of peace and prosperity in the Asia-Pacific. We appreciate Prime Minister Abe's strong leadership on a wide range of regional and global issues, from typhoon relief in the Philippines, to the Ebola response, to the international fight against ISIL.
The United States looks forward to deepening our close alliance cooperation with the government and people of Japan to promote global and regional security and prosperity, and bilateral cooperation on defense guidelines revision, TPP and maritime security.
December 14, 2014
Statement by the Press Secretary on the Japanese Elections
On behalf of the President and people of the United States, we congratulate Prime Minister Abe on the Liberal Democratic Party's success in the elections in Japan today.
The U.S.-Japan alliance is the cornerstone of peace and prosperity in the Asia-Pacific. We appreciate Prime Minister Abe's strong leadership on a wide range of regional and global issues, from typhoon relief in the Philippines, to the Ebola response, to the international fight against ISIL.
The United States looks forward to deepening our close alliance cooperation with the government and people of Japan to promote global and regional security and prosperity, and bilateral cooperation on defense guidelines revision, TPP and maritime security.
GREAT LAKES REGION AS SEEN FROM ISS
FROM: NASA
 |
| Caption Credit: NASA. From the International Space Station, Expedition 42 Commander Barry Wilmore took this photograph of the Great Lakes and central U.S. on Dec. 7, 2014, and posted it to social media. This week on the station, the Expedition 42 crew has been busy with medical science and spacesuit work while preparing for the arrival of SpaceX's Dragon commercial cargo craft, scheduled to launch on Dec. 16 on a two day trip to the station before it is captured by the Canadarm2 and berthed to the Harmony node. Image Credit: NASA/Barry Wilmore. |
DEFENSE OFFICIAL TESTIFIES THAT RUSSIA IS IN VIOLATION OF INF TREATY
FROM: U.S. DEFENSE DEPARTMENT
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
DoD News, Defense Media Activity
Russian Arms Control Violation Prompts Joint Staff Assessment
WASHINGTON, Dec. 10, 2014 – Russian violation of an arms control agreement poses a threat to U.S. and its allies’ security interests, leading the Joint Staff to conduct a military assessment of its threat, a senior defense official said here today.
Brian P. McKeon, principal deputy undersecretary of defense for policy, testified alongside Rose Gottemoeller, undersecretary of state for international security, in a joint hearing before the House Armed Services Committee’s subcommittee on strategic forces, and the House Foreign Affairs Committee’s subcommittee on terrorism, nonproliferation and trade regarding Russian noncompliance with the Intermediate Nuclear-Range Forces treaty.
In the course of “closely” monitoring compliance of arms control treaties, McKeon said, it was determined that Russia was in violation of the INF treaty.
Joint Staff Assessment
Despite diplomatic engagement on the issue since 2013, McKeon said, Russia continues to remain in noncompliance.
“As a result of Russia’s actions,” McKeon said, “the Joint Staff has conducted a military assessment of the threat were Russia to deploy an INF treaty-range ground-launch cruise missile in Europe or the Asia-Pacific region.
“This assessment has led us to review a broad range of military response options,” he said, “and to consider the effect each option could have on convincing Russian leadership to return to compliance with the INF treaty, as well as countering the capability of a Russian INF treaty-prohibited system.”
McKeon emphasized that the department doesn’t want to engage in an “escalatory cycle” of action and reaction.
“However, Russia’s lack of meaningful engagement on this issue -- if it persists -- will ultimately require the United States to take actions to protect its interests and security along with those of its allies and partners,” he added. “Those actions will make Russia less secure.”
Treaty Importance, Steps Taken
“We believe the INF treaty contributes to not only U.S. and Russian security,” McKeon said, “but also to that of our allies and partners. For that reason, Russian possession, development or deployment of a weapons system in violation of the treaty will not be ignored.”
From the beginning, he said, the objective has been to preserve the viability of the INF treaty and convince Russia to come back into compliance with its obligations under it.
The U.S. has engaged Russia, McKeon said, with a multi-pronged approach beginning with diplomatic engagement while discussing other potential measures in coordination with allies.
“Unfortunately, Russia has not been forthcoming with any information, nor has it acknowledged the existence of a non-compliant cruise missile,” he said.
“Instead, the Russian side has chosen to accuse the United States of violating its obligations under the INF treaty,” he said. “In our view, all of Russian’s claims are categorically unfounded.”
McKeon said the U.S. has been, and remains, in compliance with all of its obligations under the INF treaty, which was fully addressed during a September meeting with Russian officials in Moscow.
“These Russian claims, we believe, are meant to divert attention away from its own violations,” he said.
Gottemoeller testified that in addition to the INF treaty, Russia also is in violation of the Conventional Armed Forces in Europe treaty and that there are concerns with its compliance with other treaties as well.
Challenges Ahead
Despite a “significant challenge” ahead, McKeon said, there are hopes the Russian federation will remember why the Soviet Union signed the INF treaty in the first place.
“By agreeing to that treaty, the United States and Soviet Union ensured that both parties benefitted from the removal of weapons systems that posed a real and credible threat to European security,” he said.
McKeon reiterated that the U.S. takes treaty compliance “very seriously,” and the ramifications of Russia’s actions and a U.S. response affect more than just one arms control agreement. “They affect our agreement to pursue future arms control and nonproliferation regimes,” he said.
“Such a violation threatens our security and the collective security of many allies and partners,” he added. “This violation will not go unanswered, because there is too much at stake”
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
DoD News, Defense Media Activity
Russian Arms Control Violation Prompts Joint Staff Assessment
WASHINGTON, Dec. 10, 2014 – Russian violation of an arms control agreement poses a threat to U.S. and its allies’ security interests, leading the Joint Staff to conduct a military assessment of its threat, a senior defense official said here today.
Brian P. McKeon, principal deputy undersecretary of defense for policy, testified alongside Rose Gottemoeller, undersecretary of state for international security, in a joint hearing before the House Armed Services Committee’s subcommittee on strategic forces, and the House Foreign Affairs Committee’s subcommittee on terrorism, nonproliferation and trade regarding Russian noncompliance with the Intermediate Nuclear-Range Forces treaty.
In the course of “closely” monitoring compliance of arms control treaties, McKeon said, it was determined that Russia was in violation of the INF treaty.
Joint Staff Assessment
Despite diplomatic engagement on the issue since 2013, McKeon said, Russia continues to remain in noncompliance.
“As a result of Russia’s actions,” McKeon said, “the Joint Staff has conducted a military assessment of the threat were Russia to deploy an INF treaty-range ground-launch cruise missile in Europe or the Asia-Pacific region.
“This assessment has led us to review a broad range of military response options,” he said, “and to consider the effect each option could have on convincing Russian leadership to return to compliance with the INF treaty, as well as countering the capability of a Russian INF treaty-prohibited system.”
McKeon emphasized that the department doesn’t want to engage in an “escalatory cycle” of action and reaction.
“However, Russia’s lack of meaningful engagement on this issue -- if it persists -- will ultimately require the United States to take actions to protect its interests and security along with those of its allies and partners,” he added. “Those actions will make Russia less secure.”
Treaty Importance, Steps Taken
“We believe the INF treaty contributes to not only U.S. and Russian security,” McKeon said, “but also to that of our allies and partners. For that reason, Russian possession, development or deployment of a weapons system in violation of the treaty will not be ignored.”
From the beginning, he said, the objective has been to preserve the viability of the INF treaty and convince Russia to come back into compliance with its obligations under it.
The U.S. has engaged Russia, McKeon said, with a multi-pronged approach beginning with diplomatic engagement while discussing other potential measures in coordination with allies.
“Unfortunately, Russia has not been forthcoming with any information, nor has it acknowledged the existence of a non-compliant cruise missile,” he said.
“Instead, the Russian side has chosen to accuse the United States of violating its obligations under the INF treaty,” he said. “In our view, all of Russian’s claims are categorically unfounded.”
McKeon said the U.S. has been, and remains, in compliance with all of its obligations under the INF treaty, which was fully addressed during a September meeting with Russian officials in Moscow.
“These Russian claims, we believe, are meant to divert attention away from its own violations,” he said.
Gottemoeller testified that in addition to the INF treaty, Russia also is in violation of the Conventional Armed Forces in Europe treaty and that there are concerns with its compliance with other treaties as well.
Challenges Ahead
Despite a “significant challenge” ahead, McKeon said, there are hopes the Russian federation will remember why the Soviet Union signed the INF treaty in the first place.
“By agreeing to that treaty, the United States and Soviet Union ensured that both parties benefitted from the removal of weapons systems that posed a real and credible threat to European security,” he said.
McKeon reiterated that the U.S. takes treaty compliance “very seriously,” and the ramifications of Russia’s actions and a U.S. response affect more than just one arms control agreement. “They affect our agreement to pursue future arms control and nonproliferation regimes,” he said.
“Such a violation threatens our security and the collective security of many allies and partners,” he added. “This violation will not go unanswered, because there is too much at stake”
BUSINESSMAN SENTENCED FOR UNDER-REPORTING HOURS WORKED BY EMPLOYEES
FROM: U.S. DEPARTMENT OF LABOR
Maryland Businessman Sentenced for Bilking Union Benefits
A contractor who did business with International Brotherhood of Electrical Workers Local 24 in Baltimore, recently was sentenced to three years of supervised probation and ordered to pay $89,222 in restitution for falsifying documents required by the Employee Retirement Income Security Act. Michael E. Sewell, the owner and operator of MESCO, plead guilty in August before the U.S. District Court for the District of Maryland to knowingly underreporting the hours of work for his employees. MESCO was required to contribute funds based on the total number of hours worked to the benefit plans of employees represented by IBEW Local 24, an electrical union. An investigation by the Office of Labor-Management Standards, Employee Benefits Security Administration and the Office of Inspector General found Sewell intentionally underreported the number of hours the employees worked and did not make the benefit plan contributions.
Maryland Businessman Sentenced for Bilking Union Benefits
A contractor who did business with International Brotherhood of Electrical Workers Local 24 in Baltimore, recently was sentenced to three years of supervised probation and ordered to pay $89,222 in restitution for falsifying documents required by the Employee Retirement Income Security Act. Michael E. Sewell, the owner and operator of MESCO, plead guilty in August before the U.S. District Court for the District of Maryland to knowingly underreporting the hours of work for his employees. MESCO was required to contribute funds based on the total number of hours worked to the benefit plans of employees represented by IBEW Local 24, an electrical union. An investigation by the Office of Labor-Management Standards, Employee Benefits Security Administration and the Office of Inspector General found Sewell intentionally underreported the number of hours the employees worked and did not make the benefit plan contributions.
FTC KEEPS PRESSURE ON WEIGHT-LOSS FAD PRODUCTS
FROM: U.S. FEDERAL TRADE COMMISSION
Federal Trade Commission Continues Crackdown on Fad Weight-Loss Products
Case Is Second Settlement with Marketers of HCG Products this Year
Marketers who pitched homeopathic HCG drops as a quick and easy way to lose substantial weight have agreed to pay $1 million to settle Federal Trade Commission charges that their weight-loss claims were deceptive and not supported by scientific evidence. The defendants have stopped selling HCG Platinum drops, and under the settlement, Kevin Wright and his Utah-based companies, HCG Platinum, LLC and Right Way Nutrition, LLC, are banned from making similar weight-loss claims in the future.
The settlement marks the second time this year the FTC has taken legal action against marketers of HCG weight-loss products. In January, a company called HCG Diet Direct settled similar charges brought by the FTC.
“Fad weight-loss products like HCG drops come and go, but consumers shouldn’t be fooled by their empty promises,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The foundation of successful weight loss is to eat a healthy diet and to increase physical activity.”
HCG, or human chorionic gonadotropin, is a hormone produced by the human placenta that for decades has been falsely promoted for weight loss. In November 2011, Wright and six other HCG marketers received warning letters issued jointly by FDA and FTC staff, advising them that their products are mislabeled drugs under the Federal Food, Drug, and Cosmetic Act, and warning that it is illegal to make weight-loss claims that are not supported by competent and reliable scientific evidence.
Selling the products at GNC, Rite Aid, Walgreens, and on their own websites, Wright and his companies promised consumers that HCG Platinum drops would cause rapid and substantial weight loss, and that consumers likely would lose as much as 43 and even 50 pounds, as claimed in product testimonials.
The defendants, who also made claims on Facebook, on product packaging, and in Internet pop-up ads and magazines, directed consumers to place the HCG drops under their tongues before meals and stick to a very low calorie diet. The defendants marketed two of their three formulations as “homeopathic,” meaning the listed ingredients were diluted to the point they were undetectable. They typically charged between $60 and $85 for a 30-day supply of all three formulations, and sold approximately $10 million of the products from 2010 to earlier this year, when they were sued.
The settlement bans the defendants from making a number of specific weight- loss claims about any over-the-counter drug, patch, cream, wrap, or any other product. It also requires the defendants to substantiate any future claims that using a product causes weight loss, rapid weight loss, or a specific amount of weight loss or that consumers can expect to lose as much weight as the product’s endorser, unless they have at least two adequate and well-controlled human clinical studies. Claims regarding the health benefits, safety, performance, or efficacy cannot be made unless they are not misleading and are substantiated by competent and reliable scientific evidence. The defendants also are barred from misrepresenting the results of any scientific study.
The order also imposes a $10 million judgment, representing all net sales of HCG Platinum drops, which will be suspended, provided the defendants pay the FTC $1 million. If it is determined that the financial information the defendants gave the FTC was untruthful, the full amount of the judgment will become due.
Federal Trade Commission Continues Crackdown on Fad Weight-Loss Products
Case Is Second Settlement with Marketers of HCG Products this Year
Marketers who pitched homeopathic HCG drops as a quick and easy way to lose substantial weight have agreed to pay $1 million to settle Federal Trade Commission charges that their weight-loss claims were deceptive and not supported by scientific evidence. The defendants have stopped selling HCG Platinum drops, and under the settlement, Kevin Wright and his Utah-based companies, HCG Platinum, LLC and Right Way Nutrition, LLC, are banned from making similar weight-loss claims in the future.
The settlement marks the second time this year the FTC has taken legal action against marketers of HCG weight-loss products. In January, a company called HCG Diet Direct settled similar charges brought by the FTC.
“Fad weight-loss products like HCG drops come and go, but consumers shouldn’t be fooled by their empty promises,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The foundation of successful weight loss is to eat a healthy diet and to increase physical activity.”
HCG, or human chorionic gonadotropin, is a hormone produced by the human placenta that for decades has been falsely promoted for weight loss. In November 2011, Wright and six other HCG marketers received warning letters issued jointly by FDA and FTC staff, advising them that their products are mislabeled drugs under the Federal Food, Drug, and Cosmetic Act, and warning that it is illegal to make weight-loss claims that are not supported by competent and reliable scientific evidence.
Selling the products at GNC, Rite Aid, Walgreens, and on their own websites, Wright and his companies promised consumers that HCG Platinum drops would cause rapid and substantial weight loss, and that consumers likely would lose as much as 43 and even 50 pounds, as claimed in product testimonials.
The defendants, who also made claims on Facebook, on product packaging, and in Internet pop-up ads and magazines, directed consumers to place the HCG drops under their tongues before meals and stick to a very low calorie diet. The defendants marketed two of their three formulations as “homeopathic,” meaning the listed ingredients were diluted to the point they were undetectable. They typically charged between $60 and $85 for a 30-day supply of all three formulations, and sold approximately $10 million of the products from 2010 to earlier this year, when they were sued.
The settlement bans the defendants from making a number of specific weight- loss claims about any over-the-counter drug, patch, cream, wrap, or any other product. It also requires the defendants to substantiate any future claims that using a product causes weight loss, rapid weight loss, or a specific amount of weight loss or that consumers can expect to lose as much weight as the product’s endorser, unless they have at least two adequate and well-controlled human clinical studies. Claims regarding the health benefits, safety, performance, or efficacy cannot be made unless they are not misleading and are substantiated by competent and reliable scientific evidence. The defendants also are barred from misrepresenting the results of any scientific study.
The order also imposes a $10 million judgment, representing all net sales of HCG Platinum drops, which will be suspended, provided the defendants pay the FTC $1 million. If it is determined that the financial information the defendants gave the FTC was untruthful, the full amount of the judgment will become due.
FORMER MANAGING DIRECTOR NASDAQ, INSIDE TRADER ORDERED TO DISGORGE NEARLY $900,000 OF PROFITS
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 23156 / December 12, 2014
Securities and Exchange Commission v. Donald L. Johnson, et al., Civil Action No. 11-CV-3618 (VM) (S.D.N.Y.)
Court Orders Former Managing Director of the NASDAQ Stock Market to Disgorge More Than $898,000 in Insider Trading Profits
The Securities and Exchange Commission announced today that on November 12, 2014, the Honorable Victor Marrero of the United States District Court for the Southern District of New York entered a final judgment against defendant Donald L. Johnson, formerly a Managing Director of The NASDAQ Stock Market ("NASDAQ"), ordering Johnson to disgorge insider trading profits of $755,066.20, together with prejudgment interest thereon in the amount of $143,041.72, for a total payment of $898,107.92. Johnson consented to the entry of the final judgment. The Court previously had entered a judgment permanently enjoining Johnson for violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, representing the full injunctive relief sought by the SEC in the same civil action.
In its Complaint, filed in May 2011, the SEC had alleged that Johnson had unlawfully traded in advance of nine announcements of material nonpublic information involving NASDAQ-listed companies from August 2006 to July 2009. According to the SEC's Complaint, Johnson took advantage of both favorable and unfavorable information that was entrusted to him in confidence by NASDAQ and its listed companies, shorting stocks on several occasions and establishing long positions in other instances. The SEC alleged that Johnson reaped illicit profits in excess of $755,000 from his illegal trading.
On May 26, 2011, Johnson pleaded guilty to a federal criminal charge of securities fraud in a parallel criminal action arising out of certain of the conduct underlying the SEC's action. On August 12, 2011, Johnson was sentenced to forty-two months in prison and ordered to forfeit $755,066.
Following the entry of the final judgment against Johnson, which provided for payment of full disgorgement with prejudgment interest, the SEC voluntarily dismissed its relief defendant claim against Johnson's wife, Dalila Lopez. This concludes the SEC's civil action against Johnson.
The SEC acknowledges the assistance of the Fraud Section of the U.S. Justice Department's Criminal Division and the U.S. Postal Inspection Service. The SEC also acknowledges FINRA and NASDAQ for their assistance in this matter.
Litigation Release No. 23156 / December 12, 2014
Securities and Exchange Commission v. Donald L. Johnson, et al., Civil Action No. 11-CV-3618 (VM) (S.D.N.Y.)
Court Orders Former Managing Director of the NASDAQ Stock Market to Disgorge More Than $898,000 in Insider Trading Profits
The Securities and Exchange Commission announced today that on November 12, 2014, the Honorable Victor Marrero of the United States District Court for the Southern District of New York entered a final judgment against defendant Donald L. Johnson, formerly a Managing Director of The NASDAQ Stock Market ("NASDAQ"), ordering Johnson to disgorge insider trading profits of $755,066.20, together with prejudgment interest thereon in the amount of $143,041.72, for a total payment of $898,107.92. Johnson consented to the entry of the final judgment. The Court previously had entered a judgment permanently enjoining Johnson for violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, representing the full injunctive relief sought by the SEC in the same civil action.
In its Complaint, filed in May 2011, the SEC had alleged that Johnson had unlawfully traded in advance of nine announcements of material nonpublic information involving NASDAQ-listed companies from August 2006 to July 2009. According to the SEC's Complaint, Johnson took advantage of both favorable and unfavorable information that was entrusted to him in confidence by NASDAQ and its listed companies, shorting stocks on several occasions and establishing long positions in other instances. The SEC alleged that Johnson reaped illicit profits in excess of $755,000 from his illegal trading.
On May 26, 2011, Johnson pleaded guilty to a federal criminal charge of securities fraud in a parallel criminal action arising out of certain of the conduct underlying the SEC's action. On August 12, 2011, Johnson was sentenced to forty-two months in prison and ordered to forfeit $755,066.
Following the entry of the final judgment against Johnson, which provided for payment of full disgorgement with prejudgment interest, the SEC voluntarily dismissed its relief defendant claim against Johnson's wife, Dalila Lopez. This concludes the SEC's civil action against Johnson.
The SEC acknowledges the assistance of the Fraud Section of the U.S. Justice Department's Criminal Division and the U.S. Postal Inspection Service. The SEC also acknowledges FINRA and NASDAQ for their assistance in this matter.
NSF REPORTS ON RESEARCH SHOWING HOW BRAIN REGIONS INTERACTS
FROM: NATIONAL SCIENCE FOUNDATION
Researcher studies how different brain regions interact during tasks
2014 MacArthur Fellow’s work has potential to diagnose and treat Alzheimer’s disease, schizophrenia, addiction, stroke, autism, epilepsy and Parkinson’s disease
Danielle Bassett has an unusual take on studying the brain.
Bassett, the Skirkanich Assistant Professor of Innovation in the Department of Bioengineering at the University of Pennsylvania, a physicist by training, specializes in studying complex systems, that is, systems made up of individual pieces that interact with each other in complicated ways--materials, for example.
"When you look at the particles that make up materials, you can see the different forces that the particles are putting on each other," says the National Science Foundation (NSF)-funded scientist. "It looks like a web, or tree, with complicated loops. Looking at the forces from the inside, you can see the complicated networks."
She sees the brain similarly, as an example of an intricate system of connected interacting parts, including cells, neurons and other circuitry; thus, she is using the same tools with which she studies other complex systems to gain a better understanding of how the brain works. "Our approach focuses on the network level, which distinguishes our methods from traditional neuro-imaging," she says.
Using mathematical computer algorithms she and her collaborators developed, she studies how different brain regions interact with one another while someone is engaged in a task. The goal is to understand how this interaction enables individuals to think, perform tasks, interact with the environment, change their behavior, learn and retain information and hold on to memories.
"We develop analytic tools to probe the hard-wired pathways and transient communication patterns inside the brain to try to identify organizational principles, and develop novel diagnostics of disease," she says, with the idea ultimately of designing "personalized therapeutics for rehabilitation and treatment of brain injury, neurological disease and psychiatric disorders."
The work has the potential to affect diagnosis and treatment of such brain disorders as Alzheimer's disease, schizophrenia, addiction, stroke, autism, epilepsy and Parkinson's disease, possibly even allowing clinicians to identify these conditions--and intervene--earlier.
Bassett has received NSF grants that support her work, including an award to hold a May 2014 workshop on quantitative theories of learning, memory and perception, and a computational neuroscience award funding collaborative research with Fabio Pasqualetti, assistant professor of mechanical engineering at the University of California, Riverside. The latter is examining mapping and control of large scale neuro-circuitry, and noninvasive techniques to stimulate the brain.
Bassett also is a recent recipient of one of this year's prestigious MacArthur fellowships, a $625,000 no-strings-attached award, popularly known as a "genius" grant. These go to talented individuals who have shown extraordinary originality and dedication in their fields, and are meant to encourage beneficiaries to freely explore their interests without fear of risk-taking. She plans to use the money to advance her research.
Bassett's experiments involve using MRI technology to determine how brain circuits work together while learning a motor task, in this case, a series of finger movements similar to piano arpeggios. They perform them using a button box that resembles a keyboard.
"We want to see what happens when you learn how to move your body in a particular way," she says. "People come into the MRI and learn these over the course of six weeks, one session of 90 minutes every two weeks. We teach them six sequences at the beginning of the experiment, and they practice the same six over and over again."
Using brain imaging data of people learning this task over three distinct time periods, Bassett and colleagues found that they could predict a person's ability to learn based on the brain's flexibility, or the ability of different areas of the brain to connect in different combinations, and in identifying existing brain functions that come into play when learning a new behavior.
She found that people with more "flexible" brain networks learn better. She compares it to group dancing when explaining what she means by flexible.
"First you dance with one person, then you switch," she says. "The same thing happens in brain regions. The number of brain regions involved is equal to their flexibility; the more a brain region switches partners, the more flexible it is."
Thus far, the study has involved only young adults, but she hopes to conduct similar experiments on older people and children.
"I would expect kids to be more flexible, and older people to be less flexible," she says.
The hope is that the basic science ultimately will lead to brain stimulation techniques that will encourage the brain to become more flexible and, when injured, recover faster.
"For example, you could intervene after a stroke so someone can relearn and recuperate faster," she says. "That is our incentive, to determine whether we can use brain stimulation to enhance flexibility, quickening rehabilitation after injury."
-- Marlene Cimons, National Science Foundation
Investigators
Danielle Bassett
Mala Murthy
Nancy Kopell
William Bialek
Related Institutions/Organizations
University of Pennsylvania
Princeton University
Researcher studies how different brain regions interact during tasks
2014 MacArthur Fellow’s work has potential to diagnose and treat Alzheimer’s disease, schizophrenia, addiction, stroke, autism, epilepsy and Parkinson’s disease
Danielle Bassett has an unusual take on studying the brain.
Bassett, the Skirkanich Assistant Professor of Innovation in the Department of Bioengineering at the University of Pennsylvania, a physicist by training, specializes in studying complex systems, that is, systems made up of individual pieces that interact with each other in complicated ways--materials, for example.
"When you look at the particles that make up materials, you can see the different forces that the particles are putting on each other," says the National Science Foundation (NSF)-funded scientist. "It looks like a web, or tree, with complicated loops. Looking at the forces from the inside, you can see the complicated networks."
She sees the brain similarly, as an example of an intricate system of connected interacting parts, including cells, neurons and other circuitry; thus, she is using the same tools with which she studies other complex systems to gain a better understanding of how the brain works. "Our approach focuses on the network level, which distinguishes our methods from traditional neuro-imaging," she says.
Using mathematical computer algorithms she and her collaborators developed, she studies how different brain regions interact with one another while someone is engaged in a task. The goal is to understand how this interaction enables individuals to think, perform tasks, interact with the environment, change their behavior, learn and retain information and hold on to memories.
"We develop analytic tools to probe the hard-wired pathways and transient communication patterns inside the brain to try to identify organizational principles, and develop novel diagnostics of disease," she says, with the idea ultimately of designing "personalized therapeutics for rehabilitation and treatment of brain injury, neurological disease and psychiatric disorders."
The work has the potential to affect diagnosis and treatment of such brain disorders as Alzheimer's disease, schizophrenia, addiction, stroke, autism, epilepsy and Parkinson's disease, possibly even allowing clinicians to identify these conditions--and intervene--earlier.
Bassett has received NSF grants that support her work, including an award to hold a May 2014 workshop on quantitative theories of learning, memory and perception, and a computational neuroscience award funding collaborative research with Fabio Pasqualetti, assistant professor of mechanical engineering at the University of California, Riverside. The latter is examining mapping and control of large scale neuro-circuitry, and noninvasive techniques to stimulate the brain.
Bassett also is a recent recipient of one of this year's prestigious MacArthur fellowships, a $625,000 no-strings-attached award, popularly known as a "genius" grant. These go to talented individuals who have shown extraordinary originality and dedication in their fields, and are meant to encourage beneficiaries to freely explore their interests without fear of risk-taking. She plans to use the money to advance her research.
Bassett's experiments involve using MRI technology to determine how brain circuits work together while learning a motor task, in this case, a series of finger movements similar to piano arpeggios. They perform them using a button box that resembles a keyboard.
"We want to see what happens when you learn how to move your body in a particular way," she says. "People come into the MRI and learn these over the course of six weeks, one session of 90 minutes every two weeks. We teach them six sequences at the beginning of the experiment, and they practice the same six over and over again."
Using brain imaging data of people learning this task over three distinct time periods, Bassett and colleagues found that they could predict a person's ability to learn based on the brain's flexibility, or the ability of different areas of the brain to connect in different combinations, and in identifying existing brain functions that come into play when learning a new behavior.
She found that people with more "flexible" brain networks learn better. She compares it to group dancing when explaining what she means by flexible.
"First you dance with one person, then you switch," she says. "The same thing happens in brain regions. The number of brain regions involved is equal to their flexibility; the more a brain region switches partners, the more flexible it is."
Thus far, the study has involved only young adults, but she hopes to conduct similar experiments on older people and children.
"I would expect kids to be more flexible, and older people to be less flexible," she says.
The hope is that the basic science ultimately will lead to brain stimulation techniques that will encourage the brain to become more flexible and, when injured, recover faster.
"For example, you could intervene after a stroke so someone can relearn and recuperate faster," she says. "That is our incentive, to determine whether we can use brain stimulation to enhance flexibility, quickening rehabilitation after injury."
-- Marlene Cimons, National Science Foundation
Investigators
Danielle Bassett
Mala Murthy
Nancy Kopell
William Bialek
Related Institutions/Organizations
University of Pennsylvania
Princeton University
Sunday, December 14, 2014
NASA IMAGE OF PHYTOPLANKTON IN WATERS OFF ARGENTINA
Caption Credit: NASA. Late spring and summer weather brings blooms of color to the Atlantic Ocean off of South America, at least from a satellite view. The Patagonian Shelf Break is a biologically rich patch of ocean where airborne dust from the land, iron-rich currents from the south, and upwelling currents from the depths provide a bounty of nutrients for the grass of the sea—phytoplankton. In turn, those floating sunlight harvesters become food for some of the richest fisheries in the world. The Visible Infrared Imaging Radiometer Suite (VIIRS) on Suomi NPP captured this view of phytoplankton-rich waters off of Argentina on Dec. 2, 2014. Scientists in NASA’s Ocean Color Group used three wavelengths (671, 551, and 443 nanometers) of visible and near-infrared light to highlight different plankton communities in the water. Bands of color not only reveal the location of plankton, but also the dynamic eddies and currents that carry them. > More Information Image Credit: Norman Kuring, NASA’s Ocean Color Group, using VIIRS data from the Suomi National Polar-orbiting Partnership.
U.S. OFFICIAL'S REMARKS ON ALLOWING ARTISTIC EXPRESSION
FROM: U.S. STATE DEPARTMENT
Opening Remarks at Screening of Film Leaving Fear Behind
Remarks
Sarah Sewall
Under Secretary for Civilian Security, Democracy, and Human Rights
George Marshall Auditorium
Washington, DC
December 11, 2014
Good morning. Happy Human Rights Day. To our guests, welcome to the State Department.
This is the holiday season. One of our holiday traditions is going to the movies with friends and families. Or perhaps these days, streaming them into our living rooms.
We will watch comedy films that entertain us, action films that thrill us, and documentary films that inspire us. We are fortunate to live in a country where such variety of content is widely available, and where artistic expression is cherished and allowed to flourish.
Sadly, this is not the case everywhere. In too many countries, censorship regimes limit citizens’ access to creative works. In such places, being a film-maker can be risky. Making a film can land you in jail.
Yesterday, we celebrated the Human Rights Day. As Secretary Kerry said, “we live at a time when democratic principles and respect for human rights have greater reach than at any previous time in history. This is due not simply to what governments have done, but to what people around the world have done to elevate, monitor, and enforce human rights standards.”
And yesterday was also the 25th anniversary of the Nobel Peace Prize being awarded to His Holiness the Dalai Lama.
To mark this occasion, I am pleased to join with the Bureaus of East Asian and Pacific Affairs and Democracy, Human Rights and Labor, to offer this screening of “Leaving Fear Behind” by filmmaker Dhondup Wangchen.
In 2008, Dhondup traveled around Tibet to interview fellow Tibetans about their hopes, aspirations and fears in the lead-up to the Beijing Olympics. He knew that documenting these voices would put him at risk. Just before authorities detained him, he was able to smuggle his footage out, where associates edited the final film.
Following release of the film, Dhondup Wangchen was given a six-year prison sentence for “inciting separatism.” He was released on June 5, 2014, but has not been permitted to travel outside of China to reunite with his family.
Dhondup Wangchen has won numerous international awards for his work including the 2012 International Press Freedom Award of the Committee to Protect Journalists, and the 2014 Václav Havel International Prize for Creative Dissent.
Last month, I was fortunate to meet with Dhondup’s parents in Dharamsala, India. They are humble people, and spoke of their longing to see their son in freedom. I also met with Jigme Gyatso, a Tibetan monk who helped Dhondup in the making of “Leaving Fear Behind.” He spent much of the last six years in detention and then went into hiding to avoid further arrest. He arrived in exile earlier this year.
As Special Coordinator for Tibetan Issues, I reiterate the call for Dhondup to be allowed to reunite with his family. Now, I am pleased to introduce his wife, Lhamo Tso, who lives in San Francisco with their four children, who will join us by teleconference.
Llamo Tso has been a tireless champion for her husband for the last six years. She has accepted numerous awards on his behalf. Lhamo Tso, we welcome your remarks.
Opening Remarks at Screening of Film Leaving Fear Behind
Remarks
Sarah Sewall
Under Secretary for Civilian Security, Democracy, and Human Rights
George Marshall Auditorium
Washington, DC
December 11, 2014
Good morning. Happy Human Rights Day. To our guests, welcome to the State Department.
This is the holiday season. One of our holiday traditions is going to the movies with friends and families. Or perhaps these days, streaming them into our living rooms.
We will watch comedy films that entertain us, action films that thrill us, and documentary films that inspire us. We are fortunate to live in a country where such variety of content is widely available, and where artistic expression is cherished and allowed to flourish.
Sadly, this is not the case everywhere. In too many countries, censorship regimes limit citizens’ access to creative works. In such places, being a film-maker can be risky. Making a film can land you in jail.
Yesterday, we celebrated the Human Rights Day. As Secretary Kerry said, “we live at a time when democratic principles and respect for human rights have greater reach than at any previous time in history. This is due not simply to what governments have done, but to what people around the world have done to elevate, monitor, and enforce human rights standards.”
And yesterday was also the 25th anniversary of the Nobel Peace Prize being awarded to His Holiness the Dalai Lama.
To mark this occasion, I am pleased to join with the Bureaus of East Asian and Pacific Affairs and Democracy, Human Rights and Labor, to offer this screening of “Leaving Fear Behind” by filmmaker Dhondup Wangchen.
In 2008, Dhondup traveled around Tibet to interview fellow Tibetans about their hopes, aspirations and fears in the lead-up to the Beijing Olympics. He knew that documenting these voices would put him at risk. Just before authorities detained him, he was able to smuggle his footage out, where associates edited the final film.
Following release of the film, Dhondup Wangchen was given a six-year prison sentence for “inciting separatism.” He was released on June 5, 2014, but has not been permitted to travel outside of China to reunite with his family.
Dhondup Wangchen has won numerous international awards for his work including the 2012 International Press Freedom Award of the Committee to Protect Journalists, and the 2014 Václav Havel International Prize for Creative Dissent.
Last month, I was fortunate to meet with Dhondup’s parents in Dharamsala, India. They are humble people, and spoke of their longing to see their son in freedom. I also met with Jigme Gyatso, a Tibetan monk who helped Dhondup in the making of “Leaving Fear Behind.” He spent much of the last six years in detention and then went into hiding to avoid further arrest. He arrived in exile earlier this year.
As Special Coordinator for Tibetan Issues, I reiterate the call for Dhondup to be allowed to reunite with his family. Now, I am pleased to introduce his wife, Lhamo Tso, who lives in San Francisco with their four children, who will join us by teleconference.
Llamo Tso has been a tireless champion for her husband for the last six years. She has accepted numerous awards on his behalf. Lhamo Tso, we welcome your remarks.
FORMER TAYLOR, BEAN & WHITAKER INDICTED FOR ALLEGED ROLE IN $1.9 BILLION FRAUD
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, June 16, 2010
Former Chairman of Taylor, Bean & Whitaker Indicted for His Role in a More Than $1.9 Billion Fraud Scheme That Contributed to the Failure of Colonial Bank
Lee Bentley Farkas, the former chairman of a private mortgage lending company, Taylor, Bean & Whitaker (TBW), was arrested last night in Ocala, Fla., and charged in a 16-count indictment for his alleged role in a more than $1.9 billion fraud scheme that contributed to the failures of Colonial Bank, one of the 50 largest banks in the United States in 2009, and TBW, one of the largest privately held mortgage lending companies in the United States in 2009.
The charges were announced today by members of the Financial Fraud Enforcement Task Force, including Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Neil H. MacBride for the Eastern District of Virginia; Special Inspector General Neil Barofsky for the Troubled Asset Relief Program (SIGTARP); Assistant Director in Charge Shawn Henry of the FBI’s Washington Field Office; Kenneth M. Donohue, Inspector General of the Department of Housing and Urban Development (HUD OIG); Jon T. Rymer, Inspector General of the Federal Deposit Insurance Corporation (FDIC OIG); and Victor F. O. Song, Chief of the Internal Revenue Service (IRS) Criminal Investigation.
An indictment unsealed today in U.S. District Court for the Eastern District of Virginia charges Farkas, of Ocala, Fla., with one count of conspiracy to commit bank, wire and securities fraud; six counts of bank fraud; six counts of wire fraud; and three counts of securities fraud. The indictment also seeks approximately $22 million in forfeiture from Farkas.
According to the indictment and a motion seeking Farkas’s detention filed in U.S. District Court for the Middle District of Florida, Farkas and his co-conspirators allegedly engaged in a scheme to misappropriate more than $400 million from Colonial Bank’s Mortgage Warehouse Lending Division in Orlando, Fla., and approximately $1.5 billion from Ocala Funding, a mortgage lending facility controlled by TBW. Farkas and his co-conspirators allegedly misappropriated this money to cover TBW’s operating losses. According to the government motion seeking Farkas’s detention, the fraud scheme contributed to the failures of Colonial Bank and TBW. The indictment further alleges that Farkas and his co-conspirators committed wire and securities fraud in connection with their attempt to convince the United States government to provide Colonial Bank with approximately $553 million in TARP funds.
"This alleged fraud scheme is an example of the damaging and destabilizing impact financial crimes can have on our nation’s financial institutions. Individuals and companies that violate the law in a reckless pursuit of profits must be held accountable for their crimes," said Assistant Attorney General Breuer. "The Department of Justice and our partners in the Financial Fraud Enforcement Task Force will continue to act vigilantly, quickly and aggressively in order to ensure that boardroom and back office fraudsters alike are brought to justice."
"Taxpayers have paid a hefty price for the crimes related to the current financial crisis, and investors in Colonial and Ocala Funding were among those directly affected by this conspiracy," said U.S. Attorney MacBride. "The indictment we are announcing today is a great example of the productive partnership the Eastern District of Virginia has with the Criminal Division’s Fraud Section and of our intention to meet the Attorney General’s call to aggressively pursue financial fraud cases of national significance."
"Today’s indictment describes an unprecedented scheme by executives at two large financial institutions to steal more than $550 million from the American taxpayer. Due to the efforts of SIGTARP agents, our law enforcement partners, and the SEC, this scheme was stopped dead in its tracks, taxpayers were protected, and Lee Farkas has joined the growing list of financial industry executives who have been charged with TARP-related frauds.," said Special Inspector General Barofsky. "Today’s charges should send a powerful message to those who try to profit criminally from our national economic crisis that SIGTARP and its partners will work tirelessly to protect the American taxpayer, and we will be relentless in our pursuit to bring such criminals to justice."
Court documents allege that the scheme began in 2002, when Farkas and his co-conspirators ran overdrafts in TBW bank accounts at Colonial Bank in order to cover TBW’s cash shortfalls. Farkas and his co-conspirators at TBW and Colonial Bank allegedly transferred money between accounts at Colonial Bank to hide the overdrafts. After the overdrafts grew to tens of millions of dollars, Farkas and his co-conspirators allegedly covered up the overdrafts and operating losses by causing Colonial Bank to purchase from TBW more than $400 million in what amounted to fake mortgage loan assets, including loans that TBW had already sold to other investors and fake interests in pools of loans. Farkas and his co-conspirators allegedly caused Colonial Bank to hold these purported assets on its books at their face value when in fact the mortgage loan assets were worthless.
Court documents also allege that Farkas and co-conspirators caused TBW to hide impaired-value mortgage loans that it was unable to sell. Through a series of sham transactions, the conspirators allegedly hid impaired-value loans on Colonial Bank’s books for a period of years in some cases.
According to court documents, Farkas and his co-conspirators at TBW also misappropriated hundreds of millions of dollars from Ocala Funding. Ocala Funding sold asset-backed commercial paper to financial institution investors, including Deutsche Bank and BNP Paribas Bank. Ocala Funding, in turn, was required to maintain collateral in the form of cash and/or mortgage loans at least equal to the value of outstanding commercial paper.
The court documents allege that Farkas and his co-conspirators diverted cash from Ocala Funding to TBW to cover its operating losses, and as a result, created significant deficits in the amount of collateral Ocala Funding possessed to back the outstanding commercial paper. To cover up the diversions, the conspirators allegedly sent false information to Deutsche Bank, BNP Paribas Bank and other financial institution investors to lead them to falsely believe that they had sufficient collateral backing the commercial paper they had purchased. According to court documents, in or about August 2009, Deutsche Bank and BNP Paribas Bank held approximately $1.68 billion in Ocala Funding commercial paper that had only approximately $150 million in cash and mortgage loans collateralizing it. When TBW failed in August 2009, the banks were unable to redeem their commercial paper for full value.
According to the indictment, in the fall of 2008, Colonial Bank’s holding company, Colonial BancGroup Inc., applied for $570 million in taxpayer funding through the Capital Purchase Program (CPP), a sub-program of the U.S. Treasury Department’s Troubled Asset Relief Program (TARP). In connection with the application, Colonial BancGroup submitted financial data and filings that included materially false information related to mortgage loan and securities assets held by Colonial Bank as a result of the fraudulent scheme described above.
According to the indictment, Treasury conditionally approved Colonial BancGroup’s TARP application contingent on the bank raising $300 million in private capital. Farkas and his co-conspirators allegedly led an effort to raise the $300 million. On or about March 31, 2009, the conspirators falsely informed Colonial BancGroup that they had identified sufficient investors to satisfy the TARP contingency. Farkas and his co-conspirators allegedly caused $30 million to be placed in escrow, falsely claiming it represented payments by investors, when in fact Farkas and another co-conspirator had diverted $25 million of the escrow amount from Ocala Funding. The indictment alleges that Farkas and his co-conspirators committed wire and securities fraud in connection with these misrepresentations. Ultimately, Colonial BancGroup did not receive any TARP funds.
The indictment also alleges that Farkas and his co-conspirators caused Colonial BancGroup to file materially false financial data with the Securities and Exchange Commission (SEC) regarding its assets in annual reports contained in Forms 10-K and quarterly filings contained in Forms 10-Q. Colonial BancGroup’s materially false financial data allegedly included overstated assets for mortgage loans that had little to no value that Farkas and his co-conspirators caused Colonial Bank to purchase. The indictment also alleges that Farkas and his co-conspirators caused TBW to submit materially false financial data to the Government National Mortgage Association (Ginnie Mae) in order to extend TBW’s authority to issue Ginnie Mae mortgage-backed securities.
According to court documents, Farkas also personally misappropriated over $20 million from TBW and Colonial Bank.
In August 2009, the Alabama State Banking Department, Colonial Bank’s regulator, seized the bank and appointed the FDIC as receiver. Colonial BancGroup also filed for bankruptcy in August 2009.
Farkas faces a maximum prison sentence of 30 years for the conspiracy charge and for each count of bank fraud. The maximum prison sentence for each count of wire fraud related to TARP is 20 years and for each count of wire fraud affecting a financial institution is 30 years. Farkas also faces a maximum sentence of 25 years in prison for each securities fraud count.
An indictment is merely a charge, and the defendant is presumed innocent until proven guilty.
In a related action, the U.S. Securities and Exchange Commission (SEC) has filed an enforcement action against Farkas in the Eastern District of Virginia.
The case is being prosecuted by Deputy Chief Patrick Stokes and Trial Attorneys Brigham Cannon, Charles Reed and Robert Zink of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Connolly and Paul Nathanson of the Eastern District of Virginia. This case was investigated by the FBI’s Washington Field Office, SIGTARP, FDIC OIG, HUD OIG, and the IRS Criminal Investigation. The Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury also provided support in the investigation.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
Wednesday, June 16, 2010
Former Chairman of Taylor, Bean & Whitaker Indicted for His Role in a More Than $1.9 Billion Fraud Scheme That Contributed to the Failure of Colonial Bank
Lee Bentley Farkas, the former chairman of a private mortgage lending company, Taylor, Bean & Whitaker (TBW), was arrested last night in Ocala, Fla., and charged in a 16-count indictment for his alleged role in a more than $1.9 billion fraud scheme that contributed to the failures of Colonial Bank, one of the 50 largest banks in the United States in 2009, and TBW, one of the largest privately held mortgage lending companies in the United States in 2009.
The charges were announced today by members of the Financial Fraud Enforcement Task Force, including Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Neil H. MacBride for the Eastern District of Virginia; Special Inspector General Neil Barofsky for the Troubled Asset Relief Program (SIGTARP); Assistant Director in Charge Shawn Henry of the FBI’s Washington Field Office; Kenneth M. Donohue, Inspector General of the Department of Housing and Urban Development (HUD OIG); Jon T. Rymer, Inspector General of the Federal Deposit Insurance Corporation (FDIC OIG); and Victor F. O. Song, Chief of the Internal Revenue Service (IRS) Criminal Investigation.
An indictment unsealed today in U.S. District Court for the Eastern District of Virginia charges Farkas, of Ocala, Fla., with one count of conspiracy to commit bank, wire and securities fraud; six counts of bank fraud; six counts of wire fraud; and three counts of securities fraud. The indictment also seeks approximately $22 million in forfeiture from Farkas.
According to the indictment and a motion seeking Farkas’s detention filed in U.S. District Court for the Middle District of Florida, Farkas and his co-conspirators allegedly engaged in a scheme to misappropriate more than $400 million from Colonial Bank’s Mortgage Warehouse Lending Division in Orlando, Fla., and approximately $1.5 billion from Ocala Funding, a mortgage lending facility controlled by TBW. Farkas and his co-conspirators allegedly misappropriated this money to cover TBW’s operating losses. According to the government motion seeking Farkas’s detention, the fraud scheme contributed to the failures of Colonial Bank and TBW. The indictment further alleges that Farkas and his co-conspirators committed wire and securities fraud in connection with their attempt to convince the United States government to provide Colonial Bank with approximately $553 million in TARP funds.
"This alleged fraud scheme is an example of the damaging and destabilizing impact financial crimes can have on our nation’s financial institutions. Individuals and companies that violate the law in a reckless pursuit of profits must be held accountable for their crimes," said Assistant Attorney General Breuer. "The Department of Justice and our partners in the Financial Fraud Enforcement Task Force will continue to act vigilantly, quickly and aggressively in order to ensure that boardroom and back office fraudsters alike are brought to justice."
"Taxpayers have paid a hefty price for the crimes related to the current financial crisis, and investors in Colonial and Ocala Funding were among those directly affected by this conspiracy," said U.S. Attorney MacBride. "The indictment we are announcing today is a great example of the productive partnership the Eastern District of Virginia has with the Criminal Division’s Fraud Section and of our intention to meet the Attorney General’s call to aggressively pursue financial fraud cases of national significance."
"Today’s indictment describes an unprecedented scheme by executives at two large financial institutions to steal more than $550 million from the American taxpayer. Due to the efforts of SIGTARP agents, our law enforcement partners, and the SEC, this scheme was stopped dead in its tracks, taxpayers were protected, and Lee Farkas has joined the growing list of financial industry executives who have been charged with TARP-related frauds.," said Special Inspector General Barofsky. "Today’s charges should send a powerful message to those who try to profit criminally from our national economic crisis that SIGTARP and its partners will work tirelessly to protect the American taxpayer, and we will be relentless in our pursuit to bring such criminals to justice."
Court documents allege that the scheme began in 2002, when Farkas and his co-conspirators ran overdrafts in TBW bank accounts at Colonial Bank in order to cover TBW’s cash shortfalls. Farkas and his co-conspirators at TBW and Colonial Bank allegedly transferred money between accounts at Colonial Bank to hide the overdrafts. After the overdrafts grew to tens of millions of dollars, Farkas and his co-conspirators allegedly covered up the overdrafts and operating losses by causing Colonial Bank to purchase from TBW more than $400 million in what amounted to fake mortgage loan assets, including loans that TBW had already sold to other investors and fake interests in pools of loans. Farkas and his co-conspirators allegedly caused Colonial Bank to hold these purported assets on its books at their face value when in fact the mortgage loan assets were worthless.
Court documents also allege that Farkas and co-conspirators caused TBW to hide impaired-value mortgage loans that it was unable to sell. Through a series of sham transactions, the conspirators allegedly hid impaired-value loans on Colonial Bank’s books for a period of years in some cases.
According to court documents, Farkas and his co-conspirators at TBW also misappropriated hundreds of millions of dollars from Ocala Funding. Ocala Funding sold asset-backed commercial paper to financial institution investors, including Deutsche Bank and BNP Paribas Bank. Ocala Funding, in turn, was required to maintain collateral in the form of cash and/or mortgage loans at least equal to the value of outstanding commercial paper.
The court documents allege that Farkas and his co-conspirators diverted cash from Ocala Funding to TBW to cover its operating losses, and as a result, created significant deficits in the amount of collateral Ocala Funding possessed to back the outstanding commercial paper. To cover up the diversions, the conspirators allegedly sent false information to Deutsche Bank, BNP Paribas Bank and other financial institution investors to lead them to falsely believe that they had sufficient collateral backing the commercial paper they had purchased. According to court documents, in or about August 2009, Deutsche Bank and BNP Paribas Bank held approximately $1.68 billion in Ocala Funding commercial paper that had only approximately $150 million in cash and mortgage loans collateralizing it. When TBW failed in August 2009, the banks were unable to redeem their commercial paper for full value.
According to the indictment, in the fall of 2008, Colonial Bank’s holding company, Colonial BancGroup Inc., applied for $570 million in taxpayer funding through the Capital Purchase Program (CPP), a sub-program of the U.S. Treasury Department’s Troubled Asset Relief Program (TARP). In connection with the application, Colonial BancGroup submitted financial data and filings that included materially false information related to mortgage loan and securities assets held by Colonial Bank as a result of the fraudulent scheme described above.
According to the indictment, Treasury conditionally approved Colonial BancGroup’s TARP application contingent on the bank raising $300 million in private capital. Farkas and his co-conspirators allegedly led an effort to raise the $300 million. On or about March 31, 2009, the conspirators falsely informed Colonial BancGroup that they had identified sufficient investors to satisfy the TARP contingency. Farkas and his co-conspirators allegedly caused $30 million to be placed in escrow, falsely claiming it represented payments by investors, when in fact Farkas and another co-conspirator had diverted $25 million of the escrow amount from Ocala Funding. The indictment alleges that Farkas and his co-conspirators committed wire and securities fraud in connection with these misrepresentations. Ultimately, Colonial BancGroup did not receive any TARP funds.
The indictment also alleges that Farkas and his co-conspirators caused Colonial BancGroup to file materially false financial data with the Securities and Exchange Commission (SEC) regarding its assets in annual reports contained in Forms 10-K and quarterly filings contained in Forms 10-Q. Colonial BancGroup’s materially false financial data allegedly included overstated assets for mortgage loans that had little to no value that Farkas and his co-conspirators caused Colonial Bank to purchase. The indictment also alleges that Farkas and his co-conspirators caused TBW to submit materially false financial data to the Government National Mortgage Association (Ginnie Mae) in order to extend TBW’s authority to issue Ginnie Mae mortgage-backed securities.
According to court documents, Farkas also personally misappropriated over $20 million from TBW and Colonial Bank.
In August 2009, the Alabama State Banking Department, Colonial Bank’s regulator, seized the bank and appointed the FDIC as receiver. Colonial BancGroup also filed for bankruptcy in August 2009.
Farkas faces a maximum prison sentence of 30 years for the conspiracy charge and for each count of bank fraud. The maximum prison sentence for each count of wire fraud related to TARP is 20 years and for each count of wire fraud affecting a financial institution is 30 years. Farkas also faces a maximum sentence of 25 years in prison for each securities fraud count.
An indictment is merely a charge, and the defendant is presumed innocent until proven guilty.
In a related action, the U.S. Securities and Exchange Commission (SEC) has filed an enforcement action against Farkas in the Eastern District of Virginia.
The case is being prosecuted by Deputy Chief Patrick Stokes and Trial Attorneys Brigham Cannon, Charles Reed and Robert Zink of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Connolly and Paul Nathanson of the Eastern District of Virginia. This case was investigated by the FBI’s Washington Field Office, SIGTARP, FDIC OIG, HUD OIG, and the IRS Criminal Investigation. The Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury also provided support in the investigation.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
SECRETARY KERRY'S MAKES STATEMENT WITH PRESIDENT HUMALA OF PERU
FROM: U.S. STATE DEPARTMENT
Joint Statement With Peruvian President Ollanta Humala After Their Meeting
Remarks
John Kerry
Secretary of State
Presidential Palace
Lima, Peru
December 11, 2014
MODERATOR: (Via interpreter) Ladies and gentlemen, good afternoon. The government palace of Peru would like to welcome you. We are now going to begin with the press statements given by the President of Peru Ollanta Humala Tasso and the Secretary of State of the United States of America Mr. John Kerry.
First of all, the Secretary of the United States will take the floor, Mr. John Kerry.
SECRETARY KERRY: Well, muchas gracias. Thank you very, very much. It’s a great privilege to be here in Lima, and I’m really happy to be (inaudible). And personally, I wish I could stay much longer because I have heard nothing but incredible rave reviews about Peru’s famous cuisine, and I will miss it this evening. I want to thank President Humala for taking time to sit down with me during a very, very busy week. And I want to congratulate him and I want to congratulate all Peruvians for hosting this very important 20th United Nations Climate Conference of the Parties. I understand this is the largest international event of its kind that Peru has hosted, and I was over there today and saw what a remarkable facility has been built and heard from people how smoothly and effectively this conference has been managed.
The United States is very grateful for Peru’s leadership and hospitality, and obviously we are all hoping for a very successful outcome, which will lead to the conference in Paris next year. This is an important jumping-off point, and I can tell you that as somebody who was involved for 29 years in the United States Senate working on this issue, it is so important that we achieve an agreement ultimately. I had the privilege of speaking at the conference earlier today, and I underscored the urgent need for global cooperation in order to reach an ambitious agreement in Paris. And Peru can be proud that it is making an important down payment and helping to lead people to that agreement.
This is really a defining test of global leadership, and the fact is that Peru and Lima is contributing to that leadership in a very significant way. There’s a lot of hard work to do still. It is going to be a very difficult path, but one that is urgent for the citizens of all of our countries.
My country’s own commitment to this issue is stronger than ever thanks to President Obama’s Climate Action Plan. And last month, we were very proud to make two major announcements. First, President Obama joined with President Xi of China to make clear our respective domestic emission targets. And the United States has set a target of reducing emissions by 26 to 28 percent by the year 2025. It’s an ambitious, but we believe it’s an achievable goal. And second, we announced a $3 billion pledge to the Global Green Climate Fund, which, thanks to the recent commitments from a number of countries here in Lima, we now know will track and meet and exceed the goal of $10 billion. That’s a very significant accomplishment to come out of here, Mr. President.
As President Humala and I discussed, climate change and environmental degradation are concerns to both of our countries. And to date, the United States has provided more than $60 million in assistance to Peru as it takes steps to combat climate change and to protect its very beautiful and very diverse resources. And we are also working closely with U.S. businesses and the Peruvian Government to promote effective environmental programs among Peru’s business community.
Of course, the partnership between the United States and Peru extends way beyond important environmental collaboration. Peru is one of our closest partners in this region, and the progress that it has made in recent years in terms of its own economy, lifting people out of poverty, is really a remarkable story. In just the past decade, Peru has lifted millions of people out of poverty.
The range of things that we do together, that we work on together is also very critical: 230 Peace Corps volunteers in Peru support projects related to youth development, entrepreneurship and health to some of the most vulnerable parts of the country. Economically, our bilateral trade has doubled since we began to implement the U.S.-Peru Trade Promotion Agreement five years ago. On education, last year more than 2,000 Peruvian students studied in the United States.
And in our meeting just now I reiterated my country’s support for Peru’s ambitious 2012-2016 counternarcotics strategy, which is making impressive progress. This year alone, Peru has seized more than 25 metric tons of export-quality cocaine and it has eradicated more than its goal of 30,000 hectares of coca leaf, and that sets a new national record. It’s a critically important step.
At its core, the partnership between Peru and the United States is really about shared values that have come to define both of our nations: democracy, security, respect for human rights, opportunity for all citizens. Peru has played a key role in supporting and defending democracy for years, dating back to when the Inter-American Democratic Charter was adopted right here in Lima back in 2001. Today, Peru’s leadership is hosting the UN Conference of Parties, and doing so underscores how much Peru’s role on the world stage has grown in a significant way.
The U.S.-Peru partnership, I’m happy to say, has grown right along with it, and I look forward to continuing to build on our cooperation in the months and years ahead, and very, very much hope that not just I will be able to visit again in the near future, but maybe President Obama also will be able to come here. So we are very grateful for our hospitality today. Mr. President, thank you for your great accomplishments and thank you for your generous hospitality. Thank you.
MODERATOR: (Via interpreter) Next we will hear the remarks of the President of Peru, Ollanta Humala Tasso.
PRESIDENT HUMALA: (Via interpreter) Mr. Secretary of State John Kerry, (inaudible) the bilateral relations between Peru and the United States (inaudible) experiencing their most optimum times. And this is thanks to the effort of each of the members of the team under Secretary John Kerry, the Obama policies, and, of course, the political will of my administration to work jointly with the United States. I would like to thank you today, particularly Secretary of State John Kerry, for coming to Peru within the framework of the United Nations Framework Conference on Climate Change, because it shows the true concern of the United States in finding solutions – specific solutions – to this problem that impacts all of us.
I have heard the remarks of Secretary John Kerry within the framework of COP 20 on climate change, and I know he is quite knowledgeable and experienced on this topic. He has participated almost in every aspect of this topic, and from the very beginning he’s been quite practical in pointing out that the United State alone cannot overcome this problem, that we all have to come on board. This is consistent with the position of the Government of Peru, that we all need to participate actively through our national commitments, through our commitments that will help us in mitigating climate change with real measures to reduce two degrees Celsius the world warming.
And the capitalization of the Green Fund – and as I announced yesterday, we have yesterday met the goal we had set ourselves of reaching $10 billion. Today we can say we have exceeded the figure of $10 billion. This view of achieving the $100 billion by 2020 – this is very important, because it shows that the need for nations and human beings to reconcile with the planet is becoming a reality. Also, I think that COP 20 gives us an opportunity. As I said earlier, it gives us a chance to build the biggest alliance humankind has ever seen to face a very real threat, as is say terrorism and drug trafficking, and that we have discovered an alternative way to nuclear energy to destroy the planet. So it is a very real threat.
As a result, all the leaders of the planet need to come together here in Lima. The international community – the entire world – is looking at Lima to see what agreements can be reached so that we can look positively to the next summit in Paris next year.
Also, we have addressed very quickly and with details the bilateral agenda. We have addressed topics such as education, and we have thanked the United States for its cooperation under the Peruvian scholarship system so that we can send more young people to study in the United States. Also, I have mentioned to Secretary of State John Kerry that we have launched a new goal in Peru. We want to turn Peru into a bilingual country by 2021. This means implementing a state policy in education so that all our children can manage a foreign language. We will prioritize English. We have already started in the defense sector, and we are going to expand the program to public schools.
I would also like to mention that we have discussed about cooperation in the fight against drug trafficking. This is a very current matter. We have made progress on this matter, as Secretary Kerry has mentioned. Peru has managed to reach historic points in reducing the hectares of coca plantations. We have eradicated over 31,000 hectares. Considering the historic average of 10,000 hectares, this means a very big effort for the Peruvian state. We have gone into areas for the very first time to eradicate and give these communities a development alternative. This is a key matter so that the peasants and farmers and do not go back to these activities and that – do not see themselves involved in drug trafficking. We believe that the peasants, the farmers of coca leaves are not the first element in the chain but the first victims of drug trafficking.
We have also talked about improving our mechanisms at an administrative and bureaucratic level for foreign trade so that we can benefit U.S. citizens and Peruvian citizens alike thanks to the exchange of our products, so that we can benefit from the free trade agreement we have concluded with the United States. And we can now affirm that we have doubled our trade. This turns the United States into Peru’s first trading partner.
Also, we have been able to exchange ideas on social policies, which is of the utmost importance to us. This administration is strongly committed to social development with social inclusion. This means bringing the state to the remote areas of the country while giving opportunities to vulnerable populations through education. Education to us – John, let me tell you, this is a vital issue. This is the instrument that can be life-changing. Education is the key here. We in Latin America have been used to exploiting commodities, and if we look at our republican history, we can say we have not achieved what we expected by selling gold, silver, and all our other commodities. So now we need to bet for education. On this regard, I have renewed to you our willingness to be strategic partners and move forward on the quality education.
Finally, I’m very sorry that Secretary John Kerry needs to leave soon. Today is his birthday, and it would have been a wonderful opportunity for him to stay and have dinner here in Peru and taste the wonderful Peruvian cuisine. Unfortunately, the life of public officers who have responsibilities is to be in one region one day and be in another region the next day. I understand he has some commitments in Europe, so I want to thank you for this effort in coming down to Peru. I would like to thank your entire delegation for being here, and as you said, hopefully we can soon welcome President Obama and Mrs. Michelle Obama. Thank you very much.
Joint Statement With Peruvian President Ollanta Humala After Their Meeting
Remarks
John Kerry
Secretary of State
Presidential Palace
Lima, Peru
December 11, 2014
MODERATOR: (Via interpreter) Ladies and gentlemen, good afternoon. The government palace of Peru would like to welcome you. We are now going to begin with the press statements given by the President of Peru Ollanta Humala Tasso and the Secretary of State of the United States of America Mr. John Kerry.
First of all, the Secretary of the United States will take the floor, Mr. John Kerry.
SECRETARY KERRY: Well, muchas gracias. Thank you very, very much. It’s a great privilege to be here in Lima, and I’m really happy to be (inaudible). And personally, I wish I could stay much longer because I have heard nothing but incredible rave reviews about Peru’s famous cuisine, and I will miss it this evening. I want to thank President Humala for taking time to sit down with me during a very, very busy week. And I want to congratulate him and I want to congratulate all Peruvians for hosting this very important 20th United Nations Climate Conference of the Parties. I understand this is the largest international event of its kind that Peru has hosted, and I was over there today and saw what a remarkable facility has been built and heard from people how smoothly and effectively this conference has been managed.
The United States is very grateful for Peru’s leadership and hospitality, and obviously we are all hoping for a very successful outcome, which will lead to the conference in Paris next year. This is an important jumping-off point, and I can tell you that as somebody who was involved for 29 years in the United States Senate working on this issue, it is so important that we achieve an agreement ultimately. I had the privilege of speaking at the conference earlier today, and I underscored the urgent need for global cooperation in order to reach an ambitious agreement in Paris. And Peru can be proud that it is making an important down payment and helping to lead people to that agreement.
This is really a defining test of global leadership, and the fact is that Peru and Lima is contributing to that leadership in a very significant way. There’s a lot of hard work to do still. It is going to be a very difficult path, but one that is urgent for the citizens of all of our countries.
My country’s own commitment to this issue is stronger than ever thanks to President Obama’s Climate Action Plan. And last month, we were very proud to make two major announcements. First, President Obama joined with President Xi of China to make clear our respective domestic emission targets. And the United States has set a target of reducing emissions by 26 to 28 percent by the year 2025. It’s an ambitious, but we believe it’s an achievable goal. And second, we announced a $3 billion pledge to the Global Green Climate Fund, which, thanks to the recent commitments from a number of countries here in Lima, we now know will track and meet and exceed the goal of $10 billion. That’s a very significant accomplishment to come out of here, Mr. President.
As President Humala and I discussed, climate change and environmental degradation are concerns to both of our countries. And to date, the United States has provided more than $60 million in assistance to Peru as it takes steps to combat climate change and to protect its very beautiful and very diverse resources. And we are also working closely with U.S. businesses and the Peruvian Government to promote effective environmental programs among Peru’s business community.
Of course, the partnership between the United States and Peru extends way beyond important environmental collaboration. Peru is one of our closest partners in this region, and the progress that it has made in recent years in terms of its own economy, lifting people out of poverty, is really a remarkable story. In just the past decade, Peru has lifted millions of people out of poverty.
The range of things that we do together, that we work on together is also very critical: 230 Peace Corps volunteers in Peru support projects related to youth development, entrepreneurship and health to some of the most vulnerable parts of the country. Economically, our bilateral trade has doubled since we began to implement the U.S.-Peru Trade Promotion Agreement five years ago. On education, last year more than 2,000 Peruvian students studied in the United States.
And in our meeting just now I reiterated my country’s support for Peru’s ambitious 2012-2016 counternarcotics strategy, which is making impressive progress. This year alone, Peru has seized more than 25 metric tons of export-quality cocaine and it has eradicated more than its goal of 30,000 hectares of coca leaf, and that sets a new national record. It’s a critically important step.
At its core, the partnership between Peru and the United States is really about shared values that have come to define both of our nations: democracy, security, respect for human rights, opportunity for all citizens. Peru has played a key role in supporting and defending democracy for years, dating back to when the Inter-American Democratic Charter was adopted right here in Lima back in 2001. Today, Peru’s leadership is hosting the UN Conference of Parties, and doing so underscores how much Peru’s role on the world stage has grown in a significant way.
The U.S.-Peru partnership, I’m happy to say, has grown right along with it, and I look forward to continuing to build on our cooperation in the months and years ahead, and very, very much hope that not just I will be able to visit again in the near future, but maybe President Obama also will be able to come here. So we are very grateful for our hospitality today. Mr. President, thank you for your great accomplishments and thank you for your generous hospitality. Thank you.
MODERATOR: (Via interpreter) Next we will hear the remarks of the President of Peru, Ollanta Humala Tasso.
PRESIDENT HUMALA: (Via interpreter) Mr. Secretary of State John Kerry, (inaudible) the bilateral relations between Peru and the United States (inaudible) experiencing their most optimum times. And this is thanks to the effort of each of the members of the team under Secretary John Kerry, the Obama policies, and, of course, the political will of my administration to work jointly with the United States. I would like to thank you today, particularly Secretary of State John Kerry, for coming to Peru within the framework of the United Nations Framework Conference on Climate Change, because it shows the true concern of the United States in finding solutions – specific solutions – to this problem that impacts all of us.
I have heard the remarks of Secretary John Kerry within the framework of COP 20 on climate change, and I know he is quite knowledgeable and experienced on this topic. He has participated almost in every aspect of this topic, and from the very beginning he’s been quite practical in pointing out that the United State alone cannot overcome this problem, that we all have to come on board. This is consistent with the position of the Government of Peru, that we all need to participate actively through our national commitments, through our commitments that will help us in mitigating climate change with real measures to reduce two degrees Celsius the world warming.
And the capitalization of the Green Fund – and as I announced yesterday, we have yesterday met the goal we had set ourselves of reaching $10 billion. Today we can say we have exceeded the figure of $10 billion. This view of achieving the $100 billion by 2020 – this is very important, because it shows that the need for nations and human beings to reconcile with the planet is becoming a reality. Also, I think that COP 20 gives us an opportunity. As I said earlier, it gives us a chance to build the biggest alliance humankind has ever seen to face a very real threat, as is say terrorism and drug trafficking, and that we have discovered an alternative way to nuclear energy to destroy the planet. So it is a very real threat.
As a result, all the leaders of the planet need to come together here in Lima. The international community – the entire world – is looking at Lima to see what agreements can be reached so that we can look positively to the next summit in Paris next year.
Also, we have addressed very quickly and with details the bilateral agenda. We have addressed topics such as education, and we have thanked the United States for its cooperation under the Peruvian scholarship system so that we can send more young people to study in the United States. Also, I have mentioned to Secretary of State John Kerry that we have launched a new goal in Peru. We want to turn Peru into a bilingual country by 2021. This means implementing a state policy in education so that all our children can manage a foreign language. We will prioritize English. We have already started in the defense sector, and we are going to expand the program to public schools.
I would also like to mention that we have discussed about cooperation in the fight against drug trafficking. This is a very current matter. We have made progress on this matter, as Secretary Kerry has mentioned. Peru has managed to reach historic points in reducing the hectares of coca plantations. We have eradicated over 31,000 hectares. Considering the historic average of 10,000 hectares, this means a very big effort for the Peruvian state. We have gone into areas for the very first time to eradicate and give these communities a development alternative. This is a key matter so that the peasants and farmers and do not go back to these activities and that – do not see themselves involved in drug trafficking. We believe that the peasants, the farmers of coca leaves are not the first element in the chain but the first victims of drug trafficking.
We have also talked about improving our mechanisms at an administrative and bureaucratic level for foreign trade so that we can benefit U.S. citizens and Peruvian citizens alike thanks to the exchange of our products, so that we can benefit from the free trade agreement we have concluded with the United States. And we can now affirm that we have doubled our trade. This turns the United States into Peru’s first trading partner.
Also, we have been able to exchange ideas on social policies, which is of the utmost importance to us. This administration is strongly committed to social development with social inclusion. This means bringing the state to the remote areas of the country while giving opportunities to vulnerable populations through education. Education to us – John, let me tell you, this is a vital issue. This is the instrument that can be life-changing. Education is the key here. We in Latin America have been used to exploiting commodities, and if we look at our republican history, we can say we have not achieved what we expected by selling gold, silver, and all our other commodities. So now we need to bet for education. On this regard, I have renewed to you our willingness to be strategic partners and move forward on the quality education.
Finally, I’m very sorry that Secretary John Kerry needs to leave soon. Today is his birthday, and it would have been a wonderful opportunity for him to stay and have dinner here in Peru and taste the wonderful Peruvian cuisine. Unfortunately, the life of public officers who have responsibilities is to be in one region one day and be in another region the next day. I understand he has some commitments in Europe, so I want to thank you for this effort in coming down to Peru. I would like to thank your entire delegation for being here, and as you said, hopefully we can soon welcome President Obama and Mrs. Michelle Obama. Thank you very much.
Saturday, December 13, 2014
NAVY ADOPTING MODIFIED LITTORAL COMBAT SHIP FOR SMALL SURFACE COMBATANT
FROM: U.S. NAVY
Navy Moving Forward With LCS
Story Number: NNS141211-10 Release Date: 12/11/2014 5:59:00 PM
From the office of the Secretary of the Navy
WASHINGTON (NNS) -- Secretary of Defense Chuck Hagel has directed the Navy "to move forward with a multi-mission small surface combatant based on modified Littoral Combat Ship (LCS) hull designs."
Consistent with the Fleet's views on the most valued capabilities delivered by a small surface combatant, the modified LCS ship will be more lethal and survivable. It will provide multi-mission anti-surface warfare (SUW) and anti-submarine warfare capabilities (ASW), as well as continuous and effective air, surface and underwater self-defense. Adding to current LCS Flight 0+ baseline configurations, which include the 57mm gun and SeaRAM missile system, this ship will be equipped with over-the-horizon surface-to-surface missiles, air defense upgrades (sensors and weapons), an advanced electronic warfare system; advanced decoys; a towed array system for submarine detection and torpedo defense, two 25mm guns, an armed helicopter capable of engaging with either Hellfire missiles or MK-54 torpedoes, and an unmanned FireScout helicopter for surveillance, reconnaissance, and targeting.
Modularity design features will also be retained to augment SUW and ASW capabilities as directed by the Fleet Commanders. Available mission modules include Longbow Surface to-Surface Missiles (Hellfire), two MK46 30mm guns, and two 11M RHIBs for Surface Warfare, or a variable depth sonar for submarine warfare which, when added to the ship's organic multi-function towed array and embarked helicopter, make this an extremely effective anti-submarine warfare platform.
In addition to the improved weapon systems capabilities for this ship, which reduce its susceptibility to being hit by a threat weapon, the small surface combatant will also include improved passive measures - measures that will reduce the ship's signature against mine threats, and measures that will harden certain vital spaces and systems against potential damage caused by weapon impact - to further enhance its overall survivability.
From an operational perspective, the sum of these improvements will increase the ship's capability and availability to participate in SUW Surface Action Groups, ASW Search and Attack Units; escort of High Value Units, and support of Carrier Strike Group (CSG) SUW and ASW operations.
With increased lethality and survivability, the modified LCS will provide the flexibility to operate both independently and as a part of an aggregated force. This decision allows the Navy to add organic multi-mission capabilities to the small surface combatant force while leveraging the benefits and affordability of the LCS program. The modified LCS ships will complement the planned 32 LCS ships, resulting in a 52 ship Small Surface Combatant Fleet in keeping with the Navy's Force Structure Analysis. The 32 LCS ships, with their full modular capability, will allow the Navy to deploy assets to meet the Navy's mine warfare, SUW, and ASW demands.
Navy Moving Forward With LCS
Story Number: NNS141211-10 Release Date: 12/11/2014 5:59:00 PM
From the office of the Secretary of the Navy
WASHINGTON (NNS) -- Secretary of Defense Chuck Hagel has directed the Navy "to move forward with a multi-mission small surface combatant based on modified Littoral Combat Ship (LCS) hull designs."
Consistent with the Fleet's views on the most valued capabilities delivered by a small surface combatant, the modified LCS ship will be more lethal and survivable. It will provide multi-mission anti-surface warfare (SUW) and anti-submarine warfare capabilities (ASW), as well as continuous and effective air, surface and underwater self-defense. Adding to current LCS Flight 0+ baseline configurations, which include the 57mm gun and SeaRAM missile system, this ship will be equipped with over-the-horizon surface-to-surface missiles, air defense upgrades (sensors and weapons), an advanced electronic warfare system; advanced decoys; a towed array system for submarine detection and torpedo defense, two 25mm guns, an armed helicopter capable of engaging with either Hellfire missiles or MK-54 torpedoes, and an unmanned FireScout helicopter for surveillance, reconnaissance, and targeting.
Modularity design features will also be retained to augment SUW and ASW capabilities as directed by the Fleet Commanders. Available mission modules include Longbow Surface to-Surface Missiles (Hellfire), two MK46 30mm guns, and two 11M RHIBs for Surface Warfare, or a variable depth sonar for submarine warfare which, when added to the ship's organic multi-function towed array and embarked helicopter, make this an extremely effective anti-submarine warfare platform.
In addition to the improved weapon systems capabilities for this ship, which reduce its susceptibility to being hit by a threat weapon, the small surface combatant will also include improved passive measures - measures that will reduce the ship's signature against mine threats, and measures that will harden certain vital spaces and systems against potential damage caused by weapon impact - to further enhance its overall survivability.
From an operational perspective, the sum of these improvements will increase the ship's capability and availability to participate in SUW Surface Action Groups, ASW Search and Attack Units; escort of High Value Units, and support of Carrier Strike Group (CSG) SUW and ASW operations.
With increased lethality and survivability, the modified LCS will provide the flexibility to operate both independently and as a part of an aggregated force. This decision allows the Navy to add organic multi-mission capabilities to the small surface combatant force while leveraging the benefits and affordability of the LCS program. The modified LCS ships will complement the planned 32 LCS ships, resulting in a 52 ship Small Surface Combatant Fleet in keeping with the Navy's Force Structure Analysis. The 32 LCS ships, with their full modular capability, will allow the Navy to deploy assets to meet the Navy's mine warfare, SUW, and ASW demands.
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