FROM: U.S. JUSTICE DEPARTMENT
Tuesday, January 20, 2015
New York Man Indicted For Attempting to Acquire Deadly Toxin, Ricin
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Preet Bharara for the Southern District of New York and Assistant Director-in-Charge George Venizelos of the FBI’s New York Office, announced today that a federal grand jury returned a two-count indictment against Cheng Le for attempting to acquire and distribute ricin and committing postal fraud. Le was arrested on Dec. 23, 2014, by the FBI in Manhattan. He was presented on a Complaint before the U.S. Magistrate Judge James C. Francis IV on Dec. 24, 2014, and has been detained since his arrest. He is expected to be arraigned on Friday, January 23, 2015, before the United States District Judge Alison J. Nathan.
“As alleged, Cheng Le attempted to acquire ricin, a potentially lethal toxin, through the Dark Web so that it could be used for deadly purposes,” said U.S. Attorney Bharara. “Thankfully, with the help of our law enforcement partners he was intercepted and must now answer for his alleged crimes.”
“In the shadows of the Dark Web, criminals hide behind a veil of anonymity, sniffing out hidden opportunities to buy and sell illegal and potentially dangerous merchandise,” said Assistant Director-in-Charge Venizelos. “As alleged, in this case, activity carried out in the marketplace served as a conduit for Le to obtain ricin. In his desire to acquire this potentially deadly toxin, he picked his own poison and now faces the consequences of the justice system.”
According to the Complaint, which was unsealed today in Manhattan federal court, and the indictment:
Ricin is a highly potent and potentially fatal toxin with no known antidote. In December 2014, an individual (the Ricin Buyer) contacted an FBI online covert employee (the OCE) on an online forum. During Dec. 2014, the Ricin Buyer exchanged a series of messages with the OCE, during which the Ricin Buyer explored the possibility of the OCE supplying the Ricin Buyer with ricin, for the Ricin Buyer to resell to at least one secondary buyer.
On or about Dec. 18, 2014, the Ricin Buyer directed the OCE to send a quantity of ricin to a particular postal box in Manhattan (the Postal Box). The FBI later determined that the Postal Box belonged to Cheng Le. Later that same day, FBI agents observed Le wear latex gloves while retrieving a package from the Postal Box (the Package) and mailing it at a nearby post office (the Post Office). Law enforcement officers examined the Package, confirmed that it did not contain any hazardous materials, and determined that Le had listed a fake name as the Package’s return address. A postal employee (the Postal Employee) informed the FBI that the Postal Employee had seen Le at the Post Office on multiple prior occasions and that Le has worn blue latex gloves on at least some of those occasions.
The FBI prepared a package (the Sham Shipment) that was consistent with the Ricin Buyer’s request to the OCE, which was then delivered to the Postal Box. On Dec. 23, 2014, Le, wearing latex gloves, retrieved the Sham Shipment, opened it, and took the contents to his apartment, whereupon he was arrested by FBI agents.
* * *
The indictment charges Le, 21, in two counts. Count One charges Le with attempting to possess a biological toxin for use as a weapon, and carries a maximum sentence of life in prison. Count Two charges Le with using a fictitious name in furtherance of unlawful business involving the mail, and carries a maximum sentence of five years’ imprisonment. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Assistant Attorney General Carlin is grateful for the outstanding investigative efforts of the FBI, the New York City Police Department (NYPD) and the United States Postal Inspection Service (USPIS). Le’s arrest is the result of the close cooperative efforts of the Justice Department’s National Security Division, U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force—which consists of law enforcement officers of the FBI, NYPD, USPIS and other agencies.
The case is being prosecuted by the office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Ilan Graff and Andrew D. Beaty are in charge of the prosecution, with assistance provided by Trial Attorney Joseph Kaster of the Justice Department’s Counterterrorism Section.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Tuesday, January 20, 2015
RECENT DOD PHOTOS: DROP ZONE PORDENONE
FROM: U.S. DEFENSE DEPARTMENT
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| U.S. paratroopers descend onto Juliet drop zone in Pordenone, Italy, Jan. 13, 2015. The paratroopers are assigned to the 173rd Brigade Support Battalion, 173rd Airborne Brigade. The aircraft crew is assigned to U.S. Air Force 86th Air Wing. U.S. Army photo by Paolo Bovo. |
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| U.S. paratroopers come in for a landing on Juliet drop zone in Pordenone, Italy, Jan. 13, 2015. U.S. Army photo by Paolo Bovo. |
GEN. DEMPSEY MEETS WITH ITALIAN OFFICIALS OVER SECURITY
FROM: U.S. DEFENSE DEPARTMENT
Dempsey, Italian Officials to Discuss Security Concerns
By Lisa Ferdinando
DoD News, Defense Media Activity
ROME, Jan. 18, 2015 – The chairman of the Joint Chiefs of Staff is in Italy to discuss threats to Italy's southern flank and get the Italian perspective on the country's security issues, ahead of a two-day NATO meeting in Brussels.
The Italians are great military partners who have "stepped up in any number of missions," Army Gen. Martin E. Dempsey said in an interview here today.
Dempsey, who arrived in Rome earlier in the day, is to meet Monday with his Italian counterpart, Chief of Defense Adm. Luigi Binelli Mantelli, as well as Minister of Defense Roberta Pinotti.
The talks with this "key ally" come at an important time, Dempsey said.
"There have been approximately 160,000 immigrants from North Africa into Italy, (that) puts a huge burden on them, so they have some real concerns about their southern flank," he said.
Dempsey and European defense officials have expressed concern about the possible flow of foreign fighters, via the southern flank.
Dempsey lauded the Italians for their contributions to global military efforts, including in the United Nations mission in Lebanon, and against terrorists with the Islamic State of Iraq and the Levant, or ISIL.
Italy's leadership in NATO is critical to global security, particularly in the Mediterranean, according to the chairman, who also underscored the U.S. commitment to strong relations with Italy.
Italy and the U.S. are the top two contributors of on-the-ground trainers and advisors who are enabling the Kurds and Iraqis in the fight against extremists, defense officials noted.
There are more than 4,000 Italian service members serving overseas in Kosovo, Lebanon, Afghanistan, and the Horn of Africa on a number of missions, including peacekeeping, training, and counter-piracy missions, they said.
Allies gather in Brussels Wednesday, Thursday "In my three and a half years (as chairman) this is probably going to be the most important meeting of NATO's military leaders during that period," Dempsey said.
It is of such high importance, he said, because the representatives are "going to talk about the hard work that's been done at the staff level to meet those commitments" that were made in September at the Wales summit.
The NATO Military Committee conference in Brussels on Wednesday and Thursday is expected to include discussion on NATO's southern flank, Afghanistan, and efforts against ISIL.
Dempsey said he is looking forward to also hearing from the Italians about Italy's view on Eastern Europe and "aggressiveness" from Russia.
"The way they see it will determine how they balance their priorities and their resources," he said.
"Our relationship vis-a-vis Russia has changed. I don't think it's irreversibly changed," he said. "I think that in the next year, you'll find NATO in particular working toward determining how to react to that changed relationship."
Dempsey highlighted the importance of U.S.-NATO collaboration and maintaining strong ties with European allies.
"It's all about building relationships so that when things don't turn out the way you hope they will, you have a foundation to build on," he said.
Dempsey, Italian Officials to Discuss Security Concerns
By Lisa Ferdinando
DoD News, Defense Media Activity
ROME, Jan. 18, 2015 – The chairman of the Joint Chiefs of Staff is in Italy to discuss threats to Italy's southern flank and get the Italian perspective on the country's security issues, ahead of a two-day NATO meeting in Brussels.
The Italians are great military partners who have "stepped up in any number of missions," Army Gen. Martin E. Dempsey said in an interview here today.
Dempsey, who arrived in Rome earlier in the day, is to meet Monday with his Italian counterpart, Chief of Defense Adm. Luigi Binelli Mantelli, as well as Minister of Defense Roberta Pinotti.
The talks with this "key ally" come at an important time, Dempsey said.
"There have been approximately 160,000 immigrants from North Africa into Italy, (that) puts a huge burden on them, so they have some real concerns about their southern flank," he said.
Dempsey and European defense officials have expressed concern about the possible flow of foreign fighters, via the southern flank.
Dempsey lauded the Italians for their contributions to global military efforts, including in the United Nations mission in Lebanon, and against terrorists with the Islamic State of Iraq and the Levant, or ISIL.
Italy's leadership in NATO is critical to global security, particularly in the Mediterranean, according to the chairman, who also underscored the U.S. commitment to strong relations with Italy.
Italy and the U.S. are the top two contributors of on-the-ground trainers and advisors who are enabling the Kurds and Iraqis in the fight against extremists, defense officials noted.
There are more than 4,000 Italian service members serving overseas in Kosovo, Lebanon, Afghanistan, and the Horn of Africa on a number of missions, including peacekeeping, training, and counter-piracy missions, they said.
Allies gather in Brussels Wednesday, Thursday "In my three and a half years (as chairman) this is probably going to be the most important meeting of NATO's military leaders during that period," Dempsey said.
It is of such high importance, he said, because the representatives are "going to talk about the hard work that's been done at the staff level to meet those commitments" that were made in September at the Wales summit.
The NATO Military Committee conference in Brussels on Wednesday and Thursday is expected to include discussion on NATO's southern flank, Afghanistan, and efforts against ISIL.
Dempsey said he is looking forward to also hearing from the Italians about Italy's view on Eastern Europe and "aggressiveness" from Russia.
"The way they see it will determine how they balance their priorities and their resources," he said.
"Our relationship vis-a-vis Russia has changed. I don't think it's irreversibly changed," he said. "I think that in the next year, you'll find NATO in particular working toward determining how to react to that changed relationship."
Dempsey highlighted the importance of U.S.-NATO collaboration and maintaining strong ties with European allies.
"It's all about building relationships so that when things don't turn out the way you hope they will, you have a foundation to build on," he said.
FIRM AGREES TO STOP PRODUCING ADULTERATED & MISBRANDED SUPPLEMENTS & UNAPPROVED NEW DRUGS
FROM: U.S. JUSTICE DEPARTMENT
Friday, January 16, 2015
California Firm Agrees to Stop Production of Adulterated and Misbranded Dietary Supplements and Unapproved New Drugs
As a result of a lawsuit filed by the United States, a federal court in California has issued an injunction shutting down Health One Pharmaceuticals Inc., a City of Industry, California, based manufacturer of dietary supplements and unapproved new drugs. The firm and its president, Richard S. Yeh, agreed to shut down and resolve the lawsuit as part of a consent decree. The Justice Department filed the injunction action in the Central District of California at the request of the U.S. Food and Drug Administration (FDA).
The consent decree forbids the company from operating unless and until it takes a number of steps to improve its compliance with federal law. The defendants have represented to the court that they have already ceased operations.
“Protecting the health of American consumers is some of the most important work we do,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “We have an unwavering commitment to ensuring that the dietary supplements in this country are safe and have been manufactured in accordance with federal law.”
Based on the results of FDA inspections, the complaint alleged that the defendants violated the Federal Food, Drug and Cosmetic Act by delivering, or causing to be delivered for introduction into interstate commerce, dietary supplements that have been prepared, packed or held under conditions that do not meet current good manufacturing practice regulations. Among other things, the complaint alleged that the defendants failed to meet current good manufacturing practices for dietary supplements by failing to conduct at least one appropriate test or examination to verify the identity of every dietary ingredient prior to using the ingredient. Furthermore, the complaint alleged that the defendants’ dietary supplements were misbranded because their labels do not include all the information required by federal law.
The complaint further alleged that some of the defendants’ products were unapproved new drugs—and therefore cannot be lawfully distributed under federal law—because they were articles intended for use in the cure, mitigation, treatment or prevention of disease and, among other things, are not generally recognized as safe and effective for their intended uses and were not the subjects of new drug applications approved by FDA. Furthermore, the complaint alleged that these drugs were misbranded because it is impossible to provide “adequate directions for use” for an unapproved new drug.
The FDA referred this matter to the Department of Justice. The Civil Division’s Consumer Protection Branch, together with the U.S. Attorney’s Office for the Central District of California, filed this case on behalf of the United States.
The claims alleged in the complaint are allegations only and there has been no determination of liability.
Friday, January 16, 2015
California Firm Agrees to Stop Production of Adulterated and Misbranded Dietary Supplements and Unapproved New Drugs
As a result of a lawsuit filed by the United States, a federal court in California has issued an injunction shutting down Health One Pharmaceuticals Inc., a City of Industry, California, based manufacturer of dietary supplements and unapproved new drugs. The firm and its president, Richard S. Yeh, agreed to shut down and resolve the lawsuit as part of a consent decree. The Justice Department filed the injunction action in the Central District of California at the request of the U.S. Food and Drug Administration (FDA).
The consent decree forbids the company from operating unless and until it takes a number of steps to improve its compliance with federal law. The defendants have represented to the court that they have already ceased operations.
“Protecting the health of American consumers is some of the most important work we do,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “We have an unwavering commitment to ensuring that the dietary supplements in this country are safe and have been manufactured in accordance with federal law.”
Based on the results of FDA inspections, the complaint alleged that the defendants violated the Federal Food, Drug and Cosmetic Act by delivering, or causing to be delivered for introduction into interstate commerce, dietary supplements that have been prepared, packed or held under conditions that do not meet current good manufacturing practice regulations. Among other things, the complaint alleged that the defendants failed to meet current good manufacturing practices for dietary supplements by failing to conduct at least one appropriate test or examination to verify the identity of every dietary ingredient prior to using the ingredient. Furthermore, the complaint alleged that the defendants’ dietary supplements were misbranded because their labels do not include all the information required by federal law.
The complaint further alleged that some of the defendants’ products were unapproved new drugs—and therefore cannot be lawfully distributed under federal law—because they were articles intended for use in the cure, mitigation, treatment or prevention of disease and, among other things, are not generally recognized as safe and effective for their intended uses and were not the subjects of new drug applications approved by FDA. Furthermore, the complaint alleged that these drugs were misbranded because it is impossible to provide “adequate directions for use” for an unapproved new drug.
The FDA referred this matter to the Department of Justice. The Civil Division’s Consumer Protection Branch, together with the U.S. Attorney’s Office for the Central District of California, filed this case on behalf of the United States.
The claims alleged in the complaint are allegations only and there has been no determination of liability.
CITIZEN SCIENTISTS ACCURATELY REPORT PRECIPITATION
FROM: NATIONAL SCIENCE FOUNDATION
Crowdsourcing yields a more accurate picture of rainfall and snowfall
Citizen scientists involved with the CoCoRaHS project advance their knowledge of atmospheric science while reporting precipitation data that is used by the National Weather Service and other agencies
It's the season of dramatic weather, when everyone from the National Weather Service to farmers and insurers monitor predictions of weather conditions--and assessments of where severe weather and its impacts are greatest. In this environment, a citizen science project called CoCoRaHS--the Community Collaborative Rain, Hail and Snow Network--makes possible a detailed view of rainfall, snowfall and hail in regions around the country. The organizers have found that precipitation is often highly variable--in extreme cases varying by inches at locations just a few blocks from each other.
CoCoRaHS was first envisioned in 1997, after an intense rainstorm in Fort Collins, Colo., caused massive flooding and more than $200 million in damage.
"Nothing in the radar indicated that the storm would cause this much damage," said Nolan Doesken, state climatologist at the Colorado Climate Center at Colorado State University, and founder of CoCoRaHS. "There was incredible variation in the amount of rainfall within the affected area--from less than 2 inches to more than 14 inches (which was close to the average rainfall for the whole year) over a distance of just 5 miles."
The unexpected severity of the storm and its uneven impacts suggested to Doesken that enlisting individuals and families to report on precipitation from their locations could provide a more accurate and useful picture of rainfall and snowfall around the state and the country.
So in 1998, CoCoRaHS was born, with the National Science Foundation (NSF) and the National Oceanic and Atmospheric Administration later becoming major sponsors. Since the program started, 46,000 people, including participants from every state in the nation, have signed up through the CoCoRaHS website. To participate in the network, each citizen scientist must invest in a high-capacity 4-inch-diameter rain gauge (at a cost of about $30). All new participants in the CoCoRaHS network receive training in how to place their gauges and take accurate readings. Then, each time a rain, hail or snow storm crosses their area, volunteers take measurements of precipitation.
Their reports are then recorded on the CoCoRaHS website. The data are displayed and organized for a range of end users--from the National Weather Service to the U.S. Department of Agriculture to emergency managers, hydrologists, farmers, ranchers, research scientists, educators, and the general public.
During 2014 there were more than 19,000 active users who set out rain gauges and sent in reports. Doesken notes that more than 11,000 reports come in every day.
Just as an image is sharper the more pixels it contains, having citizen scientists report precipitation data from thousands of locations provides a detailed picture valuable for predictions, emergency planning, insurance estimates, and a number of other uses.
But beyond its value to consumers of the data, CoCoRaHS is engaging non-scientists in the kind of observation, reporting and analysis done by scientists. The educational aspects of their work are particularly important to members of the CoCoRaHS community.
In addition to coordinating the volunteer reporting, CoCoRaHS sponsors webinars every month featuring experts discussing some aspect of weather or climate. Topics such as cloud formation, lightning, and atmospheric rivers of Pacific water vapor aiming at the west coast have been popular with the volunteers.
Charles Kuster, one of the network's youngest volunteer leaders, got involved with CoCoRaHS in 2001, when he was in seventh grade. He served as the county volunteer coordinator in Leadville, Colo. Since then, Kuster finished high school, attended Colorado State University, then pursued graduate school at the University of Oklahoma, a premier institution for meteorology. He continues to help the program in his spare time. Many other students across the country have also been able to participate.
"We hear from many of our volunteers that they had no idea that precipitation varied so much," said Doesken. "Some volunteers regret not having gone into science in college. Some say that they wish they'd pursued a scientific career--but that this this experience is giving them an outlet."
"Being able to contribute scientific data to a network and see the impact of your observations is a powerful experience," said Ellen McCallie, program director for the Advancing Informal STEM Learning program, through which CoCoRaHS is funded. "We're excited to see people from different age groups, different backgrounds, and different parts of the country who are taking part in research through CoCoRaHS. What volunteers are finding is fascinating--and it helps all of us better understand what we've experienced in our lives with rain, hail, and snow.
Those interested in joining the CoCoRaHS network can find out more by watching the videos posted above or visiting the CoCoRaHS website.
Investigators
Nolan Doesken
Steven Rutledge
Roger Pielke
Robert Cifelli
Victoria Jordan
Related Institutions/Organizations
Colorado State University
Locations
Fort Collins , Colorado
Crowdsourcing yields a more accurate picture of rainfall and snowfall
Citizen scientists involved with the CoCoRaHS project advance their knowledge of atmospheric science while reporting precipitation data that is used by the National Weather Service and other agencies
It's the season of dramatic weather, when everyone from the National Weather Service to farmers and insurers monitor predictions of weather conditions--and assessments of where severe weather and its impacts are greatest. In this environment, a citizen science project called CoCoRaHS--the Community Collaborative Rain, Hail and Snow Network--makes possible a detailed view of rainfall, snowfall and hail in regions around the country. The organizers have found that precipitation is often highly variable--in extreme cases varying by inches at locations just a few blocks from each other.
CoCoRaHS was first envisioned in 1997, after an intense rainstorm in Fort Collins, Colo., caused massive flooding and more than $200 million in damage.
"Nothing in the radar indicated that the storm would cause this much damage," said Nolan Doesken, state climatologist at the Colorado Climate Center at Colorado State University, and founder of CoCoRaHS. "There was incredible variation in the amount of rainfall within the affected area--from less than 2 inches to more than 14 inches (which was close to the average rainfall for the whole year) over a distance of just 5 miles."
The unexpected severity of the storm and its uneven impacts suggested to Doesken that enlisting individuals and families to report on precipitation from their locations could provide a more accurate and useful picture of rainfall and snowfall around the state and the country.
So in 1998, CoCoRaHS was born, with the National Science Foundation (NSF) and the National Oceanic and Atmospheric Administration later becoming major sponsors. Since the program started, 46,000 people, including participants from every state in the nation, have signed up through the CoCoRaHS website. To participate in the network, each citizen scientist must invest in a high-capacity 4-inch-diameter rain gauge (at a cost of about $30). All new participants in the CoCoRaHS network receive training in how to place their gauges and take accurate readings. Then, each time a rain, hail or snow storm crosses their area, volunteers take measurements of precipitation.
Their reports are then recorded on the CoCoRaHS website. The data are displayed and organized for a range of end users--from the National Weather Service to the U.S. Department of Agriculture to emergency managers, hydrologists, farmers, ranchers, research scientists, educators, and the general public.
During 2014 there were more than 19,000 active users who set out rain gauges and sent in reports. Doesken notes that more than 11,000 reports come in every day.
Just as an image is sharper the more pixels it contains, having citizen scientists report precipitation data from thousands of locations provides a detailed picture valuable for predictions, emergency planning, insurance estimates, and a number of other uses.
But beyond its value to consumers of the data, CoCoRaHS is engaging non-scientists in the kind of observation, reporting and analysis done by scientists. The educational aspects of their work are particularly important to members of the CoCoRaHS community.
In addition to coordinating the volunteer reporting, CoCoRaHS sponsors webinars every month featuring experts discussing some aspect of weather or climate. Topics such as cloud formation, lightning, and atmospheric rivers of Pacific water vapor aiming at the west coast have been popular with the volunteers.
Charles Kuster, one of the network's youngest volunteer leaders, got involved with CoCoRaHS in 2001, when he was in seventh grade. He served as the county volunteer coordinator in Leadville, Colo. Since then, Kuster finished high school, attended Colorado State University, then pursued graduate school at the University of Oklahoma, a premier institution for meteorology. He continues to help the program in his spare time. Many other students across the country have also been able to participate.
"We hear from many of our volunteers that they had no idea that precipitation varied so much," said Doesken. "Some volunteers regret not having gone into science in college. Some say that they wish they'd pursued a scientific career--but that this this experience is giving them an outlet."
"Being able to contribute scientific data to a network and see the impact of your observations is a powerful experience," said Ellen McCallie, program director for the Advancing Informal STEM Learning program, through which CoCoRaHS is funded. "We're excited to see people from different age groups, different backgrounds, and different parts of the country who are taking part in research through CoCoRaHS. What volunteers are finding is fascinating--and it helps all of us better understand what we've experienced in our lives with rain, hail, and snow.
Those interested in joining the CoCoRaHS network can find out more by watching the videos posted above or visiting the CoCoRaHS website.
Investigators
Nolan Doesken
Steven Rutledge
Roger Pielke
Robert Cifelli
Victoria Jordan
Related Institutions/Organizations
Colorado State University
Locations
Fort Collins , Colorado
DOJ ANNOUNCES COURT INJUNCTION AGAINST MEDICAL LASER MANUFACTURER
FROM: U.S. JUSTICE DEPARTMENT
Friday, January 16, 2015
Federal Court Issues Preliminary Injunction Against South Dakota Medical laser Manufacturer
A federal court has barred a Rapid City, South Dakota, company and its president from further manufacturing and distributing its laser devices, which they marketed to treat a variety of medical conditions and diseases, the Justice Department announced today.
U.S. District Court Chief Judge Jeffrey L. Viken for the District of South Dakota entered the preliminary injunction on Wednesday against Robert “Larry” Lytle and his businesses, QLasers PMA, 2035 PMA, and 2035 INC., in an action filed by the Justice Department to enforce provisions of the federal Food, Drug, and Cosmetic Act (FDCA). The court’s order prohibiting the manufacture and distribution of the QLaser devices also applies to Lytle’s business affiliates and franchisees.
Last October, the Justice Department and the U.S. Attorney’s Office for the District of South Dakota filed a civil complaint for injunctive relief against Lytle and his businesses, alleging that they have been violating the FDCA by nationally marketing Lytle’s laser devices for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA). The preliminary injunction entered on Wednesday takes effect immediately and will remain in force while the government’s case seeking a permanent injunction proceeds to final judgment.
Judge Viken found, based on what he called an “extensive and well developed record,” that Lytle and his various businesses “have shown no intent to discontinue their activities and voluntarily comply with the FDCA. “The injunction bars the defendants from continuing to market and distribute any medical devices until they receive written permission from the FDA to do so.
Lytle, whom the court noted was a dentist in Rapid City until his license to practice dentistry was permanently revoked by the South Dakota Board of Dentistry in 1998, markets the devices by soliciting purchasers to join his “private membership associations” or “PMAs” before purchasing his lasers. As the court explained, however, “Hiding behind a curtain of private membership associations, 2035 PMA and QLaser PMA, does not shield Mr. Lytle from the authority of the FDCA or the jurisdiction of the court.”
“With the entry of this preliminary injunction, we have taken another step toward ensuring that only medical devices that have been shown to be safe and effective are placed in the hands of the American consumer,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Everyone who deals in products that affect people’s health must comply with the FDCA.”
According to court documents filed in the case, the defendants have been distributing the QLaser devices with labeling that contains false and misleading claims, touting their use in treating such serious conditions as cancer, HIV/AIDS, venereal disease and diabetes. Although two of his laser devices were FDA-cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices has been cleared or approved to treat any other medical conditions. The government alleges that not only are there no published clinical studies to support the use of Lytle’s lasers to treat other serious medical conditions, but that in fact, using the devices according to the device’s labeling could be dangerous to health. The court’s order finds that the United States is substantially likely to succeed on the merits on this claim and the others within the government’s complaint.
“The preliminary injunction granted should provide consumers a renewed sense of confidence,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota. “This action is crucial to prevent the company from continuing to operate on the periphery of the law, and potentially jeopardize the health and safety of its consumers.”
The FDA referred this enforcement action to the Department of Justice. The government’s case is being litigated by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the District of South Dakota and the FDA’s Office of Chief Counsel.
Friday, January 16, 2015
Federal Court Issues Preliminary Injunction Against South Dakota Medical laser Manufacturer
A federal court has barred a Rapid City, South Dakota, company and its president from further manufacturing and distributing its laser devices, which they marketed to treat a variety of medical conditions and diseases, the Justice Department announced today.
U.S. District Court Chief Judge Jeffrey L. Viken for the District of South Dakota entered the preliminary injunction on Wednesday against Robert “Larry” Lytle and his businesses, QLasers PMA, 2035 PMA, and 2035 INC., in an action filed by the Justice Department to enforce provisions of the federal Food, Drug, and Cosmetic Act (FDCA). The court’s order prohibiting the manufacture and distribution of the QLaser devices also applies to Lytle’s business affiliates and franchisees.
Last October, the Justice Department and the U.S. Attorney’s Office for the District of South Dakota filed a civil complaint for injunctive relief against Lytle and his businesses, alleging that they have been violating the FDCA by nationally marketing Lytle’s laser devices for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA). The preliminary injunction entered on Wednesday takes effect immediately and will remain in force while the government’s case seeking a permanent injunction proceeds to final judgment.
Judge Viken found, based on what he called an “extensive and well developed record,” that Lytle and his various businesses “have shown no intent to discontinue their activities and voluntarily comply with the FDCA. “The injunction bars the defendants from continuing to market and distribute any medical devices until they receive written permission from the FDA to do so.
Lytle, whom the court noted was a dentist in Rapid City until his license to practice dentistry was permanently revoked by the South Dakota Board of Dentistry in 1998, markets the devices by soliciting purchasers to join his “private membership associations” or “PMAs” before purchasing his lasers. As the court explained, however, “Hiding behind a curtain of private membership associations, 2035 PMA and QLaser PMA, does not shield Mr. Lytle from the authority of the FDCA or the jurisdiction of the court.”
“With the entry of this preliminary injunction, we have taken another step toward ensuring that only medical devices that have been shown to be safe and effective are placed in the hands of the American consumer,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Everyone who deals in products that affect people’s health must comply with the FDCA.”
According to court documents filed in the case, the defendants have been distributing the QLaser devices with labeling that contains false and misleading claims, touting their use in treating such serious conditions as cancer, HIV/AIDS, venereal disease and diabetes. Although two of his laser devices were FDA-cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices has been cleared or approved to treat any other medical conditions. The government alleges that not only are there no published clinical studies to support the use of Lytle’s lasers to treat other serious medical conditions, but that in fact, using the devices according to the device’s labeling could be dangerous to health. The court’s order finds that the United States is substantially likely to succeed on the merits on this claim and the others within the government’s complaint.
“The preliminary injunction granted should provide consumers a renewed sense of confidence,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota. “This action is crucial to prevent the company from continuing to operate on the periphery of the law, and potentially jeopardize the health and safety of its consumers.”
The FDA referred this enforcement action to the Department of Justice. The government’s case is being litigated by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the District of South Dakota and the FDA’s Office of Chief Counsel.
COMMONWEALTH OF PENNSYLVANIA TO PAY NEARLY $49 MILLION TO RESOLVE ILLEGAL PAYMENT OF BENEFITS ALLEGATIONS
FROM: U.S. JUSTICE DEPARTMENT
Friday, January 16, 2015
Commonwealth of Pennsylvania to Pay $48.8 Million to Resolve Federal Government's Claims that it Provided Benefits to Ineligible Aliens
The commonwealth of Pennsylvania will pay $48.8 million to resolve the federal government’s claims that it provided benefits to ineligible aliens in violation of federal law, the Justice Department announced today. The benefits at issue were provided under three programs: Medicaid, Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps.
“The Department of Justice will continue to ensure that everyone, including the states, follows the law, but also recognizes the importance of these programs administered by the state that are essential for lower income individuals,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “This settlement demonstrates our commitment to protect taxpayer funds and ensure they are used for their intended purposes.”
Under the Personal Responsibility Work Opportunity Act, enacted in 1996, only documented aliens who meet certain low-income requirements and who have been in the country for more than five years may receive non-emergency Medicaid, TANF or SNAP benefits. The law also requires states to verify recipients’ eligibility before providing these means-tested benefits. The United States alleged that, between 2004 and 2010, the commonwealth of Pennsylvania provided Medicaid, TANF and SNAP benefits to ineligible aliens in violation of these restrictions.
“The staff of the civil division in our office has worked closely and diligently with our sister federal agencies, the Pennsylvania Department of Human Services and the Governor’s office to make needed corrections to the operation of programs that are vital to low income families,” said U.S. Attorney Peter J. Smith for the Middle District of Pennsylvania. “At the same time, after lengthy negotiations, a fair and reasonable settlement has been achieved in the best interest of Pennsylvania tax payers.”
“Our agency will continue to work hard to ensure taxpayer-funded benefits are provided only to those eligible to receive them,” said Special Agent in Charge Nick DiGiulio for the Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Philadelphia Regional Office.
“We are pleased that this issue has been resolved,” said Administrator Audrey Rowe of the U.S. Department of Agriculture (USDA)’s Food and Nutrition Service. “We will continue to work with Pennsylvania to ensure that the SNAP program is administered appropriately to benefit only those who are eligible.”
Acting Assistant Attorney General Branda thanked HHS-OIG, USDA’s Office of Inspector General and Food and Nutrition Service, the U.S. Attorney’s Office for the Middle District of Pennsylvania and the Civil Division’s Commercial Litigation Branch, for the collaboration that resulted in the settlement.
Friday, January 16, 2015
Commonwealth of Pennsylvania to Pay $48.8 Million to Resolve Federal Government's Claims that it Provided Benefits to Ineligible Aliens
The commonwealth of Pennsylvania will pay $48.8 million to resolve the federal government’s claims that it provided benefits to ineligible aliens in violation of federal law, the Justice Department announced today. The benefits at issue were provided under three programs: Medicaid, Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps.
“The Department of Justice will continue to ensure that everyone, including the states, follows the law, but also recognizes the importance of these programs administered by the state that are essential for lower income individuals,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “This settlement demonstrates our commitment to protect taxpayer funds and ensure they are used for their intended purposes.”
Under the Personal Responsibility Work Opportunity Act, enacted in 1996, only documented aliens who meet certain low-income requirements and who have been in the country for more than five years may receive non-emergency Medicaid, TANF or SNAP benefits. The law also requires states to verify recipients’ eligibility before providing these means-tested benefits. The United States alleged that, between 2004 and 2010, the commonwealth of Pennsylvania provided Medicaid, TANF and SNAP benefits to ineligible aliens in violation of these restrictions.
“The staff of the civil division in our office has worked closely and diligently with our sister federal agencies, the Pennsylvania Department of Human Services and the Governor’s office to make needed corrections to the operation of programs that are vital to low income families,” said U.S. Attorney Peter J. Smith for the Middle District of Pennsylvania. “At the same time, after lengthy negotiations, a fair and reasonable settlement has been achieved in the best interest of Pennsylvania tax payers.”
“Our agency will continue to work hard to ensure taxpayer-funded benefits are provided only to those eligible to receive them,” said Special Agent in Charge Nick DiGiulio for the Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Philadelphia Regional Office.
“We are pleased that this issue has been resolved,” said Administrator Audrey Rowe of the U.S. Department of Agriculture (USDA)’s Food and Nutrition Service. “We will continue to work with Pennsylvania to ensure that the SNAP program is administered appropriately to benefit only those who are eligible.”
Acting Assistant Attorney General Branda thanked HHS-OIG, USDA’s Office of Inspector General and Food and Nutrition Service, the U.S. Attorney’s Office for the Middle District of Pennsylvania and the Civil Division’s Commercial Litigation Branch, for the collaboration that resulted in the settlement.
Monday, January 19, 2015
AMBASSADOR POWER'S REMARKS ON UNDERDEVELOPMENT AS IT RELATES TO PEACE AND SECURITY
FROM: U.S. STATE DEPARTMENT
Remarks by Ambassador Samantha Power, U.S. Permanent Representative to the United Nations, at a Security Council Debate on Inclusive Development for the Maintenance of International Peace and Security
Samantha Power
U.S. Permanent Representative to the United Nations
New York, NY
January 19, 2015
AS DELIVERED
Thank you, President Bachelet, for chairing this critically important session, and for Chile’s leadership on these issues and many others in the Council and around the world. Thank you, as well, for your lifelong efforts – including during your tenure here as director of UN Women, and as Chilean President – to advance the causes of development and peace. Thanks also to Nobel Peace Prize laureate Leymah Gbowee, we can all see why you have made the difference that you have in Liberia and well beyond. You are truly formidable. And thank you Mr. Secretary-General and Ambassador Patriota for your very important contributions.
As threats to international peace and security have evolved, so has the Council’s conception of them. Consider two of the great crises we face today: the Ebola epidemic and violent extremism. While neither represents the kind of risk that may have been imagined by the architects of the United Nations, each threatens the stability and prosperity of multiple countries. And both highlight the way that underdevelopment can pose a risk to peace and security. One of the main reasons that Ebola spread as quickly as it did in West Africa – and has killed such a high proportion of the people that it has infected – is the acute underdevelopment of the public health systems in the affected countries. And as President Obama observed in his remarks before the General Assembly in September, violent extremist groups have found their most fertile recruiting grounds “in the Middle East and North Africa, where a quarter of young people have no job, where food and water could grow scarce, where corruption is rampant and sectarian conflicts have become increasingly hard to contain.”
The connection between development and peace and security extends beyond Ebola and violent extremism. The average civil war sets back a medium-sized developing country more than 30 years in terms of economic growth, trade levels after major violence take an average of 20 years to recover, and the global economic impact of stemming such violence is estimated at 9.5 trillion dollars, or approximately 11 percent of the Gross World Product. These figures show what should be clear to all: the economic and social health of countries is intrinsically linked to their ability to secure and maintain peace. More than 80 percent of extremely poor people – those who survive on less than a dollar a day – are expected to live in countries affected by conflict and chronic violence by 2025. We know that this is not a challenge we can ignore. We have to do something more.
One place to start is with women and girls. Leymah’s story is testament to the critical goal that women can play in advancing peace and security. In the middle of Liberia’s second brutal civil war, she rallied thousands of women to pray for peace, and founded a group that staged weeks-long non-violent protests calling for an end to the conflict. Women’s activism helped build grassroots pressure on Liberia’s president at the time, Charles Taylor, to engage in peace talks with rebels. When those talks faltered, she and 200 women formed a human chain to prevent the government and the rebels from leaving the negotiating table. Of course, the government and the rebels could have pushed their way through that chain. But the women’s symbolic demand for peace, together with international pressure, helped keep both sides at the negotiating table, and within weeks they reached a deal.
If we agree that international peace and security is bound up with inclusive development, it follows that one of the best ways for the international community to consolidate peace, and to help end conflict, is to bridge enduring development gaps.
That is why, in addition to investing unprecedented resources in stopping the Ebola outbreak at its source, and in leaving the affected countries with stronger public health systems than they had before the outbreak – including the efforts of more than 3,000 American engineers, epidemiologists, doctors, and others on the ground, mainly in Liberia, President Obama has launched the Global Health Security Agenda. The GHSA is aimed at preparing countries to prevent, detect, and rapidly respond to outbreaks before they become epidemics. During a meeting with President Obama last September, 43 countries joined us in announcing more than 100 specific commitments to strengthen global health security, together with the WHO and other international institutions.
That is why we have invested so much time in the Post-2015 development agenda, which aims for inclusive and equitable development that leaves no one behind in any country – developing or developed – and not only in terms of gender equality and global health, but across other areas such as education, water and sanitation, sustainable energy, and inclusive and responsive governance. That is why the United States has strongly advocated for Goal 16, which focuses on promoting peaceful and inclusive societies, providing access to justice for all, and building accountable and inclusive institutions at all levels. If we can achieve this goal – through reducing corruption, promoting universal free and legal identity, and ensuring public access to information – we can ensure that the UN’s next development agenda will help empower those who need it most.
And this is why, in Afghanistan, we have invested robustly in ensuring that women and girls are more fully integrated into Afghan society. Since 2001, school enrollment there has increased tenfold, with nearly 10 million children now signed up, 40 percent of whom are girls. Maternal mortality has fallen from 16 percent to 3 percent. And today women hold 28 percent of the Afghan Parliament’s seats – a higher proportion than in my own country. All of these investments, all of this progress, not only make women more equal partners in Afghanistan’s future, but they give Afghanistan far brighter prospects for a more secure and prosperous future.
Today, as has been said, we commemorate the life of another Nobel Peace Prize laureate, and one of the world’s greatest human rights champions – Dr. Martin Luther King, Jr. In one of his last speeches, Dr. King spoke of what he called, “the Other America” – a country he contrasted with the America of opportunity and equality. The Other America, he said, had a “daily ugliness about it that transforms the buoyancy of hope into the fatigue of despair.” Dr. King spoke of men without work; of families living in miserable conditions; of children denied access to a quality education. And he spoke of how such inequality posed an enduring obstacle to American prosperity, calling on all Americans to bridge these gaps.
It has been nearly fifty years since Dr. King spoke to the need to address these gaps in the United States, and yet so many of the gaps persist, here in the United States and around the world. His call to action is as resonant and urgent today as when he first made it. We must do everything in our power to do our part to fulfill it.
Thank you.
Remarks by Ambassador Samantha Power, U.S. Permanent Representative to the United Nations, at a Security Council Debate on Inclusive Development for the Maintenance of International Peace and Security
Samantha Power
U.S. Permanent Representative to the United Nations
New York, NY
January 19, 2015
AS DELIVERED
Thank you, President Bachelet, for chairing this critically important session, and for Chile’s leadership on these issues and many others in the Council and around the world. Thank you, as well, for your lifelong efforts – including during your tenure here as director of UN Women, and as Chilean President – to advance the causes of development and peace. Thanks also to Nobel Peace Prize laureate Leymah Gbowee, we can all see why you have made the difference that you have in Liberia and well beyond. You are truly formidable. And thank you Mr. Secretary-General and Ambassador Patriota for your very important contributions.
As threats to international peace and security have evolved, so has the Council’s conception of them. Consider two of the great crises we face today: the Ebola epidemic and violent extremism. While neither represents the kind of risk that may have been imagined by the architects of the United Nations, each threatens the stability and prosperity of multiple countries. And both highlight the way that underdevelopment can pose a risk to peace and security. One of the main reasons that Ebola spread as quickly as it did in West Africa – and has killed such a high proportion of the people that it has infected – is the acute underdevelopment of the public health systems in the affected countries. And as President Obama observed in his remarks before the General Assembly in September, violent extremist groups have found their most fertile recruiting grounds “in the Middle East and North Africa, where a quarter of young people have no job, where food and water could grow scarce, where corruption is rampant and sectarian conflicts have become increasingly hard to contain.”
The connection between development and peace and security extends beyond Ebola and violent extremism. The average civil war sets back a medium-sized developing country more than 30 years in terms of economic growth, trade levels after major violence take an average of 20 years to recover, and the global economic impact of stemming such violence is estimated at 9.5 trillion dollars, or approximately 11 percent of the Gross World Product. These figures show what should be clear to all: the economic and social health of countries is intrinsically linked to their ability to secure and maintain peace. More than 80 percent of extremely poor people – those who survive on less than a dollar a day – are expected to live in countries affected by conflict and chronic violence by 2025. We know that this is not a challenge we can ignore. We have to do something more.
One place to start is with women and girls. Leymah’s story is testament to the critical goal that women can play in advancing peace and security. In the middle of Liberia’s second brutal civil war, she rallied thousands of women to pray for peace, and founded a group that staged weeks-long non-violent protests calling for an end to the conflict. Women’s activism helped build grassroots pressure on Liberia’s president at the time, Charles Taylor, to engage in peace talks with rebels. When those talks faltered, she and 200 women formed a human chain to prevent the government and the rebels from leaving the negotiating table. Of course, the government and the rebels could have pushed their way through that chain. But the women’s symbolic demand for peace, together with international pressure, helped keep both sides at the negotiating table, and within weeks they reached a deal.
If we agree that international peace and security is bound up with inclusive development, it follows that one of the best ways for the international community to consolidate peace, and to help end conflict, is to bridge enduring development gaps.
That is why, in addition to investing unprecedented resources in stopping the Ebola outbreak at its source, and in leaving the affected countries with stronger public health systems than they had before the outbreak – including the efforts of more than 3,000 American engineers, epidemiologists, doctors, and others on the ground, mainly in Liberia, President Obama has launched the Global Health Security Agenda. The GHSA is aimed at preparing countries to prevent, detect, and rapidly respond to outbreaks before they become epidemics. During a meeting with President Obama last September, 43 countries joined us in announcing more than 100 specific commitments to strengthen global health security, together with the WHO and other international institutions.
That is why we have invested so much time in the Post-2015 development agenda, which aims for inclusive and equitable development that leaves no one behind in any country – developing or developed – and not only in terms of gender equality and global health, but across other areas such as education, water and sanitation, sustainable energy, and inclusive and responsive governance. That is why the United States has strongly advocated for Goal 16, which focuses on promoting peaceful and inclusive societies, providing access to justice for all, and building accountable and inclusive institutions at all levels. If we can achieve this goal – through reducing corruption, promoting universal free and legal identity, and ensuring public access to information – we can ensure that the UN’s next development agenda will help empower those who need it most.
And this is why, in Afghanistan, we have invested robustly in ensuring that women and girls are more fully integrated into Afghan society. Since 2001, school enrollment there has increased tenfold, with nearly 10 million children now signed up, 40 percent of whom are girls. Maternal mortality has fallen from 16 percent to 3 percent. And today women hold 28 percent of the Afghan Parliament’s seats – a higher proportion than in my own country. All of these investments, all of this progress, not only make women more equal partners in Afghanistan’s future, but they give Afghanistan far brighter prospects for a more secure and prosperous future.
Today, as has been said, we commemorate the life of another Nobel Peace Prize laureate, and one of the world’s greatest human rights champions – Dr. Martin Luther King, Jr. In one of his last speeches, Dr. King spoke of what he called, “the Other America” – a country he contrasted with the America of opportunity and equality. The Other America, he said, had a “daily ugliness about it that transforms the buoyancy of hope into the fatigue of despair.” Dr. King spoke of men without work; of families living in miserable conditions; of children denied access to a quality education. And he spoke of how such inequality posed an enduring obstacle to American prosperity, calling on all Americans to bridge these gaps.
It has been nearly fifty years since Dr. King spoke to the need to address these gaps in the United States, and yet so many of the gaps persist, here in the United States and around the world. His call to action is as resonant and urgent today as when he first made it. We must do everything in our power to do our part to fulfill it.
Thank you.
ENHANCING TRANSPARENCY AND ACCOUNTABILITY AT NSF
FROM: NATIONAL SCIENCE FOUNDATION
New Steps to Enhance Transparency and Accountability at the National Science Foundation
Important Notice No. 137
January 13, 2015
IMPORTANT NOTICE TO PRESIDENTS OF UNIVERSITIES AND COLLEGES AND HEADS OF OTHER NATIONAL SCIENCE FOUNDATION GRANTEE ORGANIZATIONS
Subject: New Steps to Enhance Transparency and Accountability at the National Science Foundation
Over the last year, the National Science Foundation has taken new steps to enhance transparency and accountability. This notice focuses on efforts to clarify NSF's award abstracts, which serve a different purpose than the project summary that is submitted as part of a proposal.
Effective December 26, 2014, NSF's updated Proposal and Award Policies and Procedures Guide (PAPPG) (NSF 15-1) includes the following statement about award abstracts: "Should a proposal be recommended for award, the PI (Principal Investigator) may be contacted by the NSF Program Officer for assistance in preparation of the public award abstract and its title. An NSF award abstract, with its title, is an NSF document that describes the project and justifies the expenditure of Federal funds."
While our update to the PAPPG clarifies the possible role of the PI in helping NSF prepare award abstracts, NSF would like to share the Foundation's guidelines about NSF award abstracts with the science, engineering and education communities to help improve communication about the nature of the award to the public.
The NSF public award abstract consists of both a nontechnical and technical component. The nontechnical component of the NSF award abstract must:
explain the project's significance and importance; and
serve as a public justification for NSF funding by articulating how the project serves the national interest, as stated by NSF's mission: to promote the progress of science; to advance the national health, prosperity and welfare; or to secure the national defense.
By sharing these guidelines, NSF is clarifying the nature of requested assistance from PIs in this valuable effort in helping the agency adhere to its newly established guidelines. This collaborative effort also helps foster stronger public communication about the value of federal investments in fundamental research.
France A. Córdova
/s/
Director
AG HOLDER UPDATES HOW JUSTICE OBTAINS RECORDS FROM NEWS MEDIA
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, January 14, 2015
Attorney General Holder Announces Updates to Justice Department Media Guidelines
WASHINGTON –Attorney General Eric Holder announced today expanded revisions to the Justice Department’s policy regarding obtaining information from, or records of, members of the news media.
The updated policy was announced via a memo by Attorney General Holder to all Justice Department employees.
“These revised guidelines strike an appropriate balance between law enforcement’s need to protect the American people, and the news media’s role in ensuring the free flow of information,” Attorney General Holder said. “This updated policy is in part the result of the good-faith dialogue the department has engaged in with news industry representatives over the last several months. These discussions have been very constructive and I am grateful to the members of the media who have worked with us throughout this process.”
Attorney General Holder first ordered a review of the department’s media guidelines in 2013. He then announced initial revisions to those guidelines in February of last year. The latest revisions arose following comments from federal prosecutors and other interested parties, including news media representatives. These meetings with news media representatives included the inaugural convening of the Attorney General’s News Media Dialogue Group in May 2014.
Among the new revisions announced today, the Attorney General has directed that the guidelines eliminate the use of the word “ordinary” when describing newsgathering activities affected by the policy. The revisions also serve to expand high-level review by the Attorney General for the use of certain law enforcement tools, such as subpoenas and applications for warrants, where the information sought from a member of the news media relates to newsgathering activities.
The updates announced today will revise existing department regulations, and the U.S. Attorney’s Manual will be updated to reflect the changes and provide further guidance to prosecutors as well.
A copy of the Attorney General’s memorandum accompanying the revised guidelines is attached.
Wednesday, January 14, 2015
Attorney General Holder Announces Updates to Justice Department Media Guidelines
WASHINGTON –Attorney General Eric Holder announced today expanded revisions to the Justice Department’s policy regarding obtaining information from, or records of, members of the news media.
The updated policy was announced via a memo by Attorney General Holder to all Justice Department employees.
“These revised guidelines strike an appropriate balance between law enforcement’s need to protect the American people, and the news media’s role in ensuring the free flow of information,” Attorney General Holder said. “This updated policy is in part the result of the good-faith dialogue the department has engaged in with news industry representatives over the last several months. These discussions have been very constructive and I am grateful to the members of the media who have worked with us throughout this process.”
Attorney General Holder first ordered a review of the department’s media guidelines in 2013. He then announced initial revisions to those guidelines in February of last year. The latest revisions arose following comments from federal prosecutors and other interested parties, including news media representatives. These meetings with news media representatives included the inaugural convening of the Attorney General’s News Media Dialogue Group in May 2014.
Among the new revisions announced today, the Attorney General has directed that the guidelines eliminate the use of the word “ordinary” when describing newsgathering activities affected by the policy. The revisions also serve to expand high-level review by the Attorney General for the use of certain law enforcement tools, such as subpoenas and applications for warrants, where the information sought from a member of the news media relates to newsgathering activities.
The updates announced today will revise existing department regulations, and the U.S. Attorney’s Manual will be updated to reflect the changes and provide further guidance to prosecutors as well.
A copy of the Attorney General’s memorandum accompanying the revised guidelines is attached.
WHITE HOUSE FACT SHEET ON U.S.-U.K. CYBERSECURITY COOPERATION
FROM: THE WHITE HOUSE
January 16, 2015
FACT SHEET: U.S.-United Kingdom Cybersecurity Cooperation
The United States and the United Kingdom agree that the cyber threat is one of the most serious economic and national security challenges that our nations face. Every day foreign governments, criminals, and hackers are attempting to probe, intrude into, and attack government and private sector systems in both of our countries. President Obama and Prime Minister Cameron have both made clear that domestic cybersecurity requires cooperation between governments and the private sector. Both leaders additionally recognized that the inherently international nature of cyber threats requires that governments around the world work together to confront those threats.
During their bilateral meetings in Washington, D.C. this week, President Obama and Prime Minister Cameron agreed to further strengthen and deepen the already extensive cybersecurity cooperation between the United States and the United Kingdom. Both leaders agreed to bolster efforts to enhance the cybersecurity of critical infrastructure in both countries, strengthen threat information sharing and intelligence cooperation on cyber issues, and support new educational exchanges between U.S. and British cybersecurity scholars and researchers.
Improving Critical Infrastructure Cybersecurity
The United States and United Kingdom are committed to our ongoing efforts to improve the cybersecurity of our critical infrastructure and respond to cyber incidents. Both governments have agreed to bolster our efforts to increase threat information sharing and conduct joint cybersecurity and network defense exercises to enhance our combined ability to respond to malicious cyber activity. Our initial joint exercise will focus on the financial sector, with a program running over the coming year. Further, we will work with industry to promote and align our cybersecurity best practices and standards, to include the U.S. Cybersecurity Framework and the United Kingdom’s Cyber Essentials scheme.
Strengthening Cooperation on Cyber Defense
The United States and the United Kingdom work closely on a range of cybersecurity and cyber defense matters. For example, the U.S. Computer Emergency Readiness Team (US-CERT) and CERT-UK collaborate on computer network defense and sharing information to address cyber threats and manage cyber incidents. To deepen this collaboration in other areas, the United Kingdom’s Government Communications Headquarters (GCHQ) and Security Service (MI5) are working with their U.S. partners – the National Security Agency and the Federal Bureau of Investigation – to further strengthen U.S.-UK collaboration on cybersecurity by establishing a joint cyber cell, with an operating presence in each country. The cell, which will allow staff from each agency to be co-located, will focus on specific cyber defense topics and enable cyber threat information and data to be shared at pace and at greater scale.
Supporting Academic Research on Cybersecurity Issues
The governments of both the United States and the United Kingdom have agreed to provide funding to support a new Fulbright Cyber Security Award. This program will provide an opportunity for some of the brightest scholars in both countries to conduct cybersecurity research for up to six months. The first cohort is expected to start in the 2016-17 academic year, and the U.S.-UK Fulbright Commission will seek applications for this cohort later this year.
In addition, the Massachusetts Institute of Technology’s Computer Science & Artificial Intelligence Laboratory (located in Cambridge, MA) has invited the University of Cambridge in the United Kingdom to take part in a “Cambridge vs. Cambridge” cybersecurity contest. This competition is intended to be the first of many international university cybersecurity competitions. The aim is to enhance cybersecurity research at the highest academic level within both countries to bolster our cyber defenses.
January 16, 2015
FACT SHEET: U.S.-United Kingdom Cybersecurity Cooperation
The United States and the United Kingdom agree that the cyber threat is one of the most serious economic and national security challenges that our nations face. Every day foreign governments, criminals, and hackers are attempting to probe, intrude into, and attack government and private sector systems in both of our countries. President Obama and Prime Minister Cameron have both made clear that domestic cybersecurity requires cooperation between governments and the private sector. Both leaders additionally recognized that the inherently international nature of cyber threats requires that governments around the world work together to confront those threats.
During their bilateral meetings in Washington, D.C. this week, President Obama and Prime Minister Cameron agreed to further strengthen and deepen the already extensive cybersecurity cooperation between the United States and the United Kingdom. Both leaders agreed to bolster efforts to enhance the cybersecurity of critical infrastructure in both countries, strengthen threat information sharing and intelligence cooperation on cyber issues, and support new educational exchanges between U.S. and British cybersecurity scholars and researchers.
Improving Critical Infrastructure Cybersecurity
The United States and United Kingdom are committed to our ongoing efforts to improve the cybersecurity of our critical infrastructure and respond to cyber incidents. Both governments have agreed to bolster our efforts to increase threat information sharing and conduct joint cybersecurity and network defense exercises to enhance our combined ability to respond to malicious cyber activity. Our initial joint exercise will focus on the financial sector, with a program running over the coming year. Further, we will work with industry to promote and align our cybersecurity best practices and standards, to include the U.S. Cybersecurity Framework and the United Kingdom’s Cyber Essentials scheme.
Strengthening Cooperation on Cyber Defense
The United States and the United Kingdom work closely on a range of cybersecurity and cyber defense matters. For example, the U.S. Computer Emergency Readiness Team (US-CERT) and CERT-UK collaborate on computer network defense and sharing information to address cyber threats and manage cyber incidents. To deepen this collaboration in other areas, the United Kingdom’s Government Communications Headquarters (GCHQ) and Security Service (MI5) are working with their U.S. partners – the National Security Agency and the Federal Bureau of Investigation – to further strengthen U.S.-UK collaboration on cybersecurity by establishing a joint cyber cell, with an operating presence in each country. The cell, which will allow staff from each agency to be co-located, will focus on specific cyber defense topics and enable cyber threat information and data to be shared at pace and at greater scale.
Supporting Academic Research on Cybersecurity Issues
The governments of both the United States and the United Kingdom have agreed to provide funding to support a new Fulbright Cyber Security Award. This program will provide an opportunity for some of the brightest scholars in both countries to conduct cybersecurity research for up to six months. The first cohort is expected to start in the 2016-17 academic year, and the U.S.-UK Fulbright Commission will seek applications for this cohort later this year.
In addition, the Massachusetts Institute of Technology’s Computer Science & Artificial Intelligence Laboratory (located in Cambridge, MA) has invited the University of Cambridge in the United Kingdom to take part in a “Cambridge vs. Cambridge” cybersecurity contest. This competition is intended to be the first of many international university cybersecurity competitions. The aim is to enhance cybersecurity research at the highest academic level within both countries to bolster our cyber defenses.
FTC ANNOUNCES REFUNDS CHECKS TO CONSUMERS WHO LOST MONEY IN "RACHEL FROM CARDHOLDER SERVICES" FRAUD
FROM: U.S. FEDERAL TRADE COMMISSION
FTC Sends Refund Checks Totaling More Than $700,000 to Consumers Who Lost Money in Robocall Scheme
More Than 16,500 Checks Are Being Mailed This Week
The Federal Trade Commission is mailing 16,590 refund checks totaling more than $700,000 this week to consumers who lost money to a “Rachel from Cardholder Services” scheme that allegedly promised to reduce the interest rate on consumers’ credit cards for an up-front fee. Each check will be for $42.95.
The refunds are being made from funds collected through a November 2013 settlement with Emory L. “Jack” Holley IV, Lisa Miller, and the six corporate defendants they controlled, which include ELH Consulting d/b/a Proactive Planning Solutions, and Purchase Power Solutions, LLC and a June 2013 settlement with four other defendants, which include Key Tech Solutions, LLC, d/b/a Key One Solutions, and 3Point14 LLC, d/b/a Elite Planning Group.
Analytics, the redress administrator for this matter, will mail refund checks to eligible consumers this week. The checks must be cashed within 60 days of the date they are issued or they will become void. Recipients should note that the FTC never requires consumers to pay money or provide information before redress checks can be cashed.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
FTC Sends Refund Checks Totaling More Than $700,000 to Consumers Who Lost Money in Robocall Scheme
More Than 16,500 Checks Are Being Mailed This Week
The Federal Trade Commission is mailing 16,590 refund checks totaling more than $700,000 this week to consumers who lost money to a “Rachel from Cardholder Services” scheme that allegedly promised to reduce the interest rate on consumers’ credit cards for an up-front fee. Each check will be for $42.95.
The refunds are being made from funds collected through a November 2013 settlement with Emory L. “Jack” Holley IV, Lisa Miller, and the six corporate defendants they controlled, which include ELH Consulting d/b/a Proactive Planning Solutions, and Purchase Power Solutions, LLC and a June 2013 settlement with four other defendants, which include Key Tech Solutions, LLC, d/b/a Key One Solutions, and 3Point14 LLC, d/b/a Elite Planning Group.
Analytics, the redress administrator for this matter, will mail refund checks to eligible consumers this week. The checks must be cashed within 60 days of the date they are issued or they will become void. Recipients should note that the FTC never requires consumers to pay money or provide information before redress checks can be cashed.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
Sunday, January 18, 2015
DOD'S 2013 REPORT ON SUICIDE
FROM: U.S. DEFENSE DEPARTMENT
Release No: NR-018-15
January 16, 2015
DoD Releases 2013 Annual Report on Suicide
Today, the Department of Defense (DoD) released its 2013 calendar year Suicide Event Report (DoDSER), which details the number of suicide attempts and deaths for U.S. service members.
The DoDSER also includes detailed assessments of demographic information, behavioral health history, and deployment history for each suicide event. This comprehensive information informs DoD senior leaders as they make policy decisions to improve suicide prevention efforts.
In calendar year 2013, active component suicide totals and rates declined over 2012, while reserve components had a slight increase. There were 229 deaths by suicide among active component service members and 220 deaths by suicide among selected reserve component service members (87in the reserve and 133 in the National Guard).
The suicide rate per 100,000 in 2013 was 18.7 for active component service members, 23.4 for reserve component and 28.9 for National Guard.
“One suicide among our ranks is too many,” said Jackie Garrick, director of the Defense Suicide Prevention Office. “Suicide is complex, and the better we understand these events in our community, the better we will be able to assist service members in crisis. We consider any measure that saves a life as one worth taking. ”
The department is actively engaged in suicide prevention efforts. Each of the services conducts suicide prevention awareness training for service members and families, and DoD has expanded access to mental health care by increasing the number of providers, embedding them at the unit level and training community clinicians in military cultural competence. Directors of Psychological Health are available for the National Guard.
Release No: NR-018-15
January 16, 2015
DoD Releases 2013 Annual Report on Suicide
Today, the Department of Defense (DoD) released its 2013 calendar year Suicide Event Report (DoDSER), which details the number of suicide attempts and deaths for U.S. service members.
The DoDSER also includes detailed assessments of demographic information, behavioral health history, and deployment history for each suicide event. This comprehensive information informs DoD senior leaders as they make policy decisions to improve suicide prevention efforts.
In calendar year 2013, active component suicide totals and rates declined over 2012, while reserve components had a slight increase. There were 229 deaths by suicide among active component service members and 220 deaths by suicide among selected reserve component service members (87in the reserve and 133 in the National Guard).
The suicide rate per 100,000 in 2013 was 18.7 for active component service members, 23.4 for reserve component and 28.9 for National Guard.
“One suicide among our ranks is too many,” said Jackie Garrick, director of the Defense Suicide Prevention Office. “Suicide is complex, and the better we understand these events in our community, the better we will be able to assist service members in crisis. We consider any measure that saves a life as one worth taking. ”
The department is actively engaged in suicide prevention efforts. Each of the services conducts suicide prevention awareness training for service members and families, and DoD has expanded access to mental health care by increasing the number of providers, embedding them at the unit level and training community clinicians in military cultural competence. Directors of Psychological Health are available for the National Guard.
AG ISSUES ORDER THAT PROHIBITS FEDERAL AGENCY FORFEITURE OF ASSETS SEIZED BY STATE, LOCAL LAW ENFORCEMENT
FROM: U.S. JUSTICE DEPARTMENT
Friday, January 16, 2015
Attorney General Prohibits Federal Agency Adoptions of Assets Seized by State and Local Law Enforcement Agencies Except Where Needed to Protect Public Safety
Today, Attorney General Eric Holder issued an order setting forth a new policy prohibiting federal agency forfeiture, or “adoptions,” of assets seized by state and local law enforcement agencies, with a limited public safety exception. A federally adopted forfeiture – or “adoption” for short – occurs when a state or local law enforcement agency seizes property pursuant to state law and requests that a federal agency take the seized asset and forfeit it under federal law. The U.S. Department of the Treasury, which has its own forfeiture program, is issuing a policy consistent with the Attorney General’s order and that policy will apply to all participants of the Treasury forfeiture program, administered by the Treasury Executive Office for Asset Forfeiture.
“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” said Attorney General Holder. “This is the first step in a comprehensive review that we have launched of the federal asset forfeiture program. Asset forfeiture remains a critical law enforcement tool when used appropriately – providing unique means to go after criminal and even terrorist organizations. This new policy will ensure that these authorities can continue to be used to take the profit out of crime and return assets to victims, while safeguarding civil liberties.”
The Attorney General ordered that federal agency adoption of property seized by state or local law enforcement under state law be prohibited, except for property that directly relates to public safety concerns, including firearms, ammunition, explosives and property associated with child pornography. The prohibition on federal agency adoption includes, but is not limited to, seizures by state or local law enforcement of vehicles, valuables, cash and other monetary instruments. This order is effective immediately and applies to all Justice Department attorneys and components, and all participants in the Department of Justice Asset Forfeiture Program. The new policy will ensure that adoption is employed only to protect public safety, and does not extend to seizures where state and local jurisdictions can more appropriately act under their own laws.
Both the Justice and Treasury Departments regularly review their asset forfeiture programs to ensure that federal asset forfeiture authorities are used carefully and effectively to take the profit out of crime, combat organized crime groups, and enable victim compensation, while ensuring that laws are followed, civil liberties are protected, and our constitutional system is strengthened. Since 2000, the Justice Department has returned approximately $4 billion in forfeited funds to victims of federal crime. Both departments will be part of the Law Enforcement Equipment Working Group, which will provide recommendations to the President regarding actions that can be taken to improve programs, like asset forfeiture, that help local law enforcement obtain equipment.
The Justice Department’s policy permitting federal agencies to adopt seizures dates from the inception of the Asset Forfeiture Program in the 1980s. The Treasury Department’s adoption policy has been part of its Asset Forfeiture Program since its inception in 1993. At the time that these policies were implemented, few states had forfeiture statutes analogous to the federal asset forfeiture laws. Consequently, when state and local law enforcement agencies seized criminal proceeds and property used to commit crimes, they often lacked the legal authority to forfeit the seized items. Turning seized assets over to federal law enforcement agencies for adoption was a way to keep those assets from being returned to criminals. Today, however, every state has either criminal or civil forfeiture laws, making the federal adoption process less necessary. Indeed, adoptions currently constitute a very small slice of the federal asset forfeiture program. Over the last six years, adoptions accounted for roughly three percent of the value of forfeitures in the Department of Justice Asset Forfeiture Program.
The new policy applies only to adoptions, not to seizures resulting from joint operations involving both federal and state authorities, or to seizures pursuant to warrants issued by federal courts. The policy does not limit the ability of state and local agencies to pursue the forfeiture of assets pursuant to their respective state laws. Law enforcement agencies working on joint task forces are required to follow the 2015 Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation or Gender Identity.
Friday, January 16, 2015
Attorney General Prohibits Federal Agency Adoptions of Assets Seized by State and Local Law Enforcement Agencies Except Where Needed to Protect Public Safety
Today, Attorney General Eric Holder issued an order setting forth a new policy prohibiting federal agency forfeiture, or “adoptions,” of assets seized by state and local law enforcement agencies, with a limited public safety exception. A federally adopted forfeiture – or “adoption” for short – occurs when a state or local law enforcement agency seizes property pursuant to state law and requests that a federal agency take the seized asset and forfeit it under federal law. The U.S. Department of the Treasury, which has its own forfeiture program, is issuing a policy consistent with the Attorney General’s order and that policy will apply to all participants of the Treasury forfeiture program, administered by the Treasury Executive Office for Asset Forfeiture.
“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” said Attorney General Holder. “This is the first step in a comprehensive review that we have launched of the federal asset forfeiture program. Asset forfeiture remains a critical law enforcement tool when used appropriately – providing unique means to go after criminal and even terrorist organizations. This new policy will ensure that these authorities can continue to be used to take the profit out of crime and return assets to victims, while safeguarding civil liberties.”
The Attorney General ordered that federal agency adoption of property seized by state or local law enforcement under state law be prohibited, except for property that directly relates to public safety concerns, including firearms, ammunition, explosives and property associated with child pornography. The prohibition on federal agency adoption includes, but is not limited to, seizures by state or local law enforcement of vehicles, valuables, cash and other monetary instruments. This order is effective immediately and applies to all Justice Department attorneys and components, and all participants in the Department of Justice Asset Forfeiture Program. The new policy will ensure that adoption is employed only to protect public safety, and does not extend to seizures where state and local jurisdictions can more appropriately act under their own laws.
Both the Justice and Treasury Departments regularly review their asset forfeiture programs to ensure that federal asset forfeiture authorities are used carefully and effectively to take the profit out of crime, combat organized crime groups, and enable victim compensation, while ensuring that laws are followed, civil liberties are protected, and our constitutional system is strengthened. Since 2000, the Justice Department has returned approximately $4 billion in forfeited funds to victims of federal crime. Both departments will be part of the Law Enforcement Equipment Working Group, which will provide recommendations to the President regarding actions that can be taken to improve programs, like asset forfeiture, that help local law enforcement obtain equipment.
The Justice Department’s policy permitting federal agencies to adopt seizures dates from the inception of the Asset Forfeiture Program in the 1980s. The Treasury Department’s adoption policy has been part of its Asset Forfeiture Program since its inception in 1993. At the time that these policies were implemented, few states had forfeiture statutes analogous to the federal asset forfeiture laws. Consequently, when state and local law enforcement agencies seized criminal proceeds and property used to commit crimes, they often lacked the legal authority to forfeit the seized items. Turning seized assets over to federal law enforcement agencies for adoption was a way to keep those assets from being returned to criminals. Today, however, every state has either criminal or civil forfeiture laws, making the federal adoption process less necessary. Indeed, adoptions currently constitute a very small slice of the federal asset forfeiture program. Over the last six years, adoptions accounted for roughly three percent of the value of forfeitures in the Department of Justice Asset Forfeiture Program.
The new policy applies only to adoptions, not to seizures resulting from joint operations involving both federal and state authorities, or to seizures pursuant to warrants issued by federal courts. The policy does not limit the ability of state and local agencies to pursue the forfeiture of assets pursuant to their respective state laws. Law enforcement agencies working on joint task forces are required to follow the 2015 Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation or Gender Identity.
U.S. LABOR DEPT ON ADVANTAGES OF PAID LEAVE
FROM: U.S. LABOR DEPARTMENT
Championing Paid Leave to Strengthen the Middle Class
President Obama unveiled new proposals to strengthen the middle class by giving working families greater flexibility to balance the competing demands of their families and jobs. On Jan. 15, the president called on Congress, states and cities to pass legislation that would allow millions of workers to earn paid sick leave. He also encouraged Congress to pass legislation giving federal employees six weeks of paid parental leave, and proposed more than $2 billion in funds to encourage states to develop paid family and medical leave programs. In a related announcement, U.S. Secretary of Labor Thomas E. Perez disclosed that the department will use $1 million in existing funds to help states and municipalities conduct studies on paid leave implementation. "This isn't just a question of work-family balance," Perez said. "It goes to the heart of economic security for millions of middle-class working families." Following the announcements, Obama and Perez discussed the benefits of paid leave with three workers at Charmington's Café in Baltimore, which pays all of its employees above the minimum wage and offers paid sick leave.
Championing Paid Leave to Strengthen the Middle Class
President Obama unveiled new proposals to strengthen the middle class by giving working families greater flexibility to balance the competing demands of their families and jobs. On Jan. 15, the president called on Congress, states and cities to pass legislation that would allow millions of workers to earn paid sick leave. He also encouraged Congress to pass legislation giving federal employees six weeks of paid parental leave, and proposed more than $2 billion in funds to encourage states to develop paid family and medical leave programs. In a related announcement, U.S. Secretary of Labor Thomas E. Perez disclosed that the department will use $1 million in existing funds to help states and municipalities conduct studies on paid leave implementation. "This isn't just a question of work-family balance," Perez said. "It goes to the heart of economic security for millions of middle-class working families." Following the announcements, Obama and Perez discussed the benefits of paid leave with three workers at Charmington's Café in Baltimore, which pays all of its employees above the minimum wage and offers paid sick leave.
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