Monday, January 12, 2015

DOJ INTERVENES IN LAWSUIT REGARDING CANCELLATION OF REDSKINS TRADEMARKS

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, January 9, 2015
Justice Department Intervenes in Lawsuit Involving Washington Redskins Trademark
Justice Department Will Defend Constitutionality of Trademark Statute

Earlier today, the government filed a notice of intervention in Pro-Football, Inc. v. Amanda Blackhorse, et al. notifying the court in the Eastern District of Virginia that it would defend the federal authorities of the U.S. Patent and Trademark Office’s U.S. Trademark Trial and Appeal Board (TTAB), the Justice Department announced.

In August 2006, five Native Americans, Amanda Blackhorse, Marcus Briggs, Philip Gover, Jillian Pappan and Courtney Tsotigh, sought the cancellation of six Washington Redskins trademark registrations under the Lanham Act on the grounds that the trademarks were disparaging to Native Americans at the time they were registered.  A panel of the TTAB agreed and issued a June 18, 2014 decision that the registrations should be canceled.

Pro-Football Inc., the owner of the Washington Redskins, filed a complaint in U.S. District Court on Aug. 14, 2014, against the five individuals who had petitioned the TTAB for invalidation of the Redskins trademarks.  Pro-Football Inc. is challenging the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a) on the grounds that the act violates the First Amendment to the U.S. Constitution.  The Lanham Act permits denial or cancellation of a trademark application if the trademark is disparaging or falsely suggests a connection with persons living or dead, institutions, beliefs or national symbols.  The act further provides that if a private party believes that a trademark was improperly registered, the party may commence a review proceeding before the TTAB seeking to have the trademark canceled.

The United States will defend the constitutionality of the federal statute.

“The Department of Justice is dedicated to defending the constitutionality of the important statute ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly,” said Acting

Assistant Attorney General Joyce R. Branda for the Civil Division.  “I believe strongly in the rights of all Americans to celebrate and maintain their unique cultural heritage.  Going forward, we will strive to maintain the ability of the United States Patent and Trademark Office to make its own judgment on these matters, based on clear authorities established by law.”

The United States is specifically authorized by federal statute to intervene in any federal action in which the constitutionality of an act of Congress is drawn into question.  Intervention by the United States will not interfere with the timely adjudication of this action.

The case is being handled by the Justice Department’s Civil Division’s Federal Programs Branch with the assistance of the U.S. Attorney’s Office for the Eastern District of Virginia.

NASA | 'Disk Detectives' Top 1 Million Classifications in Search for Pla...

SECRETARY KERRY'S REMARKS AT VIBRANT GUJARAT

FROM:  U.S. STATE DEPARTMENT 
Remarks at the Vibrant Gujarat Opening Ceremony
Remarks
John Kerry
Secretary of State
Mahatma Mandir, Gandhinagar
Gujarat, India
January 11, 2015

SECRETARY KERRY: Thank you very much. Prime Minister Modi and Secretary General Ban, many famous ministers, trade representatives, the prime ministers – ladies and gentlemen, I fear we have reached that magical moment in an event when just about everything has been said, but not everybody has said it. (Laughter.) For me it is a privilege to be able to be here for many reasons, but perhaps most importantly, I’m personally delighted to be back in India, and to join you for the seventh Vibrant Gujarat summit. Particularly because this is the home state of your visionary prime minister, your prime minister who has brought a particular energy to this transformational moment, but also because he has already made the name Gujarat synonymous with possibilities, with change, with energy. (Applause.)

And I know it is because of his reputation for what he achieved in the course of his leadership here in Gujarat, that the people of India have now given him this very special mandate to help make this the moment that we all come together to achieve the goals that Secretary Ban Ki-moon, World Bank President Jim Kim, and others have described here this morning.

It is also particularly exciting for me, I’m told that this morning we are all of us talking to you about 95 percent of the people responsible for 95 percent of the GDP of India. So this is an amazing opportunity.

I know that President Obama is very excited and particularly pleased with the fact that he will be the first United States president to be honored as Chief Guest on Republic Day – (applause) – and he will be the first sitting United States president to visit India twice while in office. (Applause.) Let me make it clear: We believe that that purposefully says something important about the value that both countries place on our critically important relationship.

There are an amazing number of thoughtful leaders here today, some of whom like our friends from the Netherlands, the Dutch who have made themselves particularly visible and energetic this morning. (Laughter.) But let me just say something that I feel that I think everybody shares. We may all come from different walks of life, but we stand together this morning with the people of France as they march in tribute to the victims of last week’s murderous attack on the headquarters of Charlie Hebdo in Paris. And we stand together not just in anger and outrage, but in solidarity and commitment to the cause of confronting extremism and in the cause that extremists fear so much and that has always united our countries – freedom. We stand together in freedom and together we make it clear that no act of terror will ever stop the march of freedom. (Applause.)

I want to emphasize, not to the exclusion of any other country – there are many countries here who share this particular belief – but the United States and India are two countries, literally defined in our documents that create us as a nation, defined by our commitment to freedom, to innovation, to the belief that all things are possible. President Obama often tells people that only in America would his particular journey have been possible. And Prime Minister Modi’s journey from a young man who sold tea right by the railroad right here in Gujarat to the Prime Minister’s residence on Race Course Road seems no less improbable. (Applause.) So we join you in celebrating the extraordinary chapter of India that is being written today.

I am especially pleased to be joined here today by two key leaders from our Administration, the leaders of the U.S.-India relationship: Ambassador Rich Verma and Assistant Secretary Nisha Desai Biswal. Half a century ago, Ambassador Verma’s parents left India – a country they loved and have never stopped loving – to build a life in the United States. Today, I couldn’t be more pleased that we have returned the favor by sending Rich Verma, our first Indian-American Ambassador, to India. (Applause.) And Nisha, who is here today, was born right here in Gujarat, and she is now here as the Assistant Secretary of State of the United States and my principal adviser on strengthening the U.S.-India partnership. (Applause.)

Every nation prides itself in any number of different things. One of the things that we share with a number of nations, but we particularly pride ourselves in, is the benefit that our country gains from diversity. And frankly, this belief in opportunity, even against long odds, is unique to India and the United States in many ways. Our founding documents begin with exactly the same three words: “We the people.” (Applause.) And our innovators and entrepreneurs are constantly pushing the curve of discovery, constantly believing in the possibilities of the future.

I’ve been coming to India now for many years. In fact, I remember traveling here at the end of the Cold War, a young senator, when nerves were still raw and suspicions still lingered. But as a senator, I began to see how profoundly this relationship could change quickly.

When I traveled to Delhi, Mumbai, and Bangalore with executives from companies and high-tech industries, I was immediately overwhelmed by the sense of possibility, by the promise, by the entrepreneurial passion. And I believe very strongly that today the moment has literally never been more ripe to deliver on the incredible possibilities of relationships between all of our countries.

If we work together, with partners who are here and some who are not here today, I am convinced that the world’s oldest democracy and the world’s largest democracy can help to forge a new era of shared possibility and security for hundreds of millions of people in India, but indeed, across Asia, and across the world. We can do exactly what Jim Kim said: We could end extreme poverty in our lifetimes. (Applause.)

In fact, our economic partnership is already growing stronger by the day. Annual trade in goods and services between the United States and India has grown nearly five-fold since 2000 alone. Bilateral foreign direct investment now stands at nearly $30 billion. And our trade and investment supports hundreds of thousands of jobs in both of our countries and in other countries that are partnering here. The fruits of this kind of partnership are extraordinary, and the supply chain for goods and services now stretches not just one country to another but between many different countries.

Here’s the truth, and this is what is important at a meeting like this: We can do more together, and we must do more together, and we have to do it faster. That’s why I’m here this week, because I want to ensure that our economic relationship grows stronger in every respect. We share Prime Minister Modi’s goal of increasing our countries’ annual trade fivefold in the years ahead, and we want to expand our commercial ties and change the way our businesses talk with one another so we can take this relationship, and these relationships is plural, to the new heights that we envision.

And I want to emphasize, we do not view this as a zero-sum competition where we have to fight exclusively for what we want or what India, United States would have – all of us have an ability to take charge of the opportunities that are staring us in the face. When you consider – I think Jim Kim mentioned these numbers – the number of people living in extreme poverty around the world today, the numbers of schools that need to be built, the number of hospitals that need to be built, the roads that need to be built, the energy grids that need to be changed, the unbelievable opportunity to tourism by (inaudible) travel, we are building an endless set of possibilities, and it through this kind of meeting that we will harness the energy to make the most of those possibilities.

I am convinced, as we look to the relationship of the future though, just as Ban Ki-moon mentioned a few minutes ago, there is one enormous cloud hanging over all of us which requires responsibility from leaders. Global climate change is already violently affecting communities not just across India but around the world. It is disrupting commerce, development, and economic growth. It’s costing farmers crops. It’s costing insurance companies unbelievable payouts. It’s raising the cost of doing business, and believe me, if it continues down the current trend-line, we will see climate refugees fighting each other for water and seeking food and new opportunity.

So this is a relationship between India and the United States where we believe very deeply that we could turn sustainable economic growth opportunities into a prosperity we have ever seen before. And it means one very simply thing: Unlike many problems in public life where you struggle sometimes between the plusses and minuses of a particular choice you make – and leaders here all know and business leaders all know what I’m talking about – the choices of climate change offer an unprecedented number of plusses, and frankly, almost no downside. If we make the choices that are staring us in the face, the fact is that a solution to climate change is already here. It’s called energy policy. Sustainable energy policy. And in a sustainable energy policy comes a whole set of benefits to our economy, something many countries of the world are screaming for today.

The world that changed the United States creation of wealth in the 1990s was a $1 trillion market with 1 billion users. And we created wealth through every single sector of the American economy. It was the technology revolution – communications, principally. The world we’re looking at today, the energy market, is a $6 trillion market with four to five billion users today, potentially, and up to 9 billion users by the year 2050, if population meets the current trends. My friends, that’s the greatest market human beings have ever known. And if we seize it properly, our ability to bring modern resources to the task is unlimited.

That means we need to join together to take advantage of the challenge that was laid down by Prime Minister Modi who has now committed to greatly expand India’s wind resources, make your agricultural systems more resilient, increase your national solar mission fivefold. And together, we can create an environment where all of our companies play leading roles in bringing cutting-edge technologies, equipment, capital, and know-how not just to India but to countless countries that need this growth and development now. That’s how we will turn Prime Minister Modi’s “Make in India” initiative a win-win opportunity for the planet as a whole. (Applause.)

So I just close by saying to all of you that I can’t think of a moment in the years I’ve been in public life when our destinies are converging as significantly as they are today. India and the United States I think have a common responsibility, together with our other country partners, a common opportunity to prove that democracies can deliver for their citizens, and frankly, that by doing so that is when we are at our strongest. It is also when we’re at our most secure. And that’s how we will capitalize on the full potential inherent in this partnership now and for generations to come.

I was very taken during Prime Minister Modi’s campaign by (in Hindi) – (applause) – participate in the (inaudible). I tell you what, that sounds like a pretty good slogan for all of us to adopt, and if we adopt it, we can get the job done. Thank you very, very much. (Applause.)

FINDINGS, SENTENCE DISAPPROVED IN TERRORISM CASE AGAINST NOOR UTHMAN MUHAMMED

FROM:  U.S. DEFENSE DEPARTMENT 
Release No: NR-013-15
January 09, 2015
Findings and sentence disapproved in US v. Noor Uthman Muhammed

On Jan. 9, pursuant to his authority under 10 U.S.C. § 950b, the convening authority for military commissions disapproved the findings and sentence, and dismissed the charges in the case of United States v. Noor Uthman Muhammed.
Muhammed, a native of Sudan, pled guilty in February 2011 at a military commission to providing material support for terrorism and conspiracy to provide material support for terrorism. A panel of military officers sentenced him to fourteen years confinement. In accordance with the provisions of a pretrial agreement, a previous convening authority granted a deferment of confinement effective Dec. 3, 2013.

Muhammed was repatriated from Guantanamo Bay, Cuba, to Sudan on Dec. 19, 2013.

Subsequent to his commission proceedings, decisions by the D.C. Circuit Court of Appeals in separate commissions cases established that it was legal error to try the offense of providing material support for terrorism before a military commission. The decisions of the D.C. Circuit are binding on commissions cases and the convening authority’s action to disapprove the findings and sentence in Muhammed’s case is required in the interests of justice and under the rule of law.

OSHA SAYS TEENAGE WORKERS WERE NOT PROTECTED FROM HEAT HAZARDS AT PARK

FROM:  U.S. LABOR DEPARTMENT 
Dorney Park and Wildwater Kingdom fail to protect young workers from heat hazards and illness, OSHA finds

ALLENTOWN, Pa. — Seasonally-employed workers, mostly teen employees, hired as outdoor and food stand staff at Dorney Park and Wildwater Kingdom, were exposed to heat hazards during their summer employment, according to the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA cited Cedar Fair LP, operators of the Allentown amusement park, following a June 9, 2014, investigation initiated in response to a complaint alleging that a teen worker sustained burns upon collapsing near a fryer in a food stand.
"In summer temperatures, amusement park workers face an increased risk of heat-related illness and death," said Jean Kulp, director of OSHA's Allentown Area Office. "The threat of heat stress can be reduced significantly by establishing a heat illness prevention program for indoor and outdoor workers. The program should include effective training; consistently available water and shaded breaks; a thorough review of heat illness incidents; and acclimatization."
OSHA cited one serious violation of the agency's general duty clause for Cedar Fair's failure to develop and implement procedures for protecting employees while they worked outdoors in direct sunlight and in small food stands where heat sources exist. The company faces a proposed fine of $7,000, the maximum penalty permitted for a serious violation. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
An additional record-keeping violation was cited, with a $2,000 penalty.

GOES SATELLITE'S VIEW OF LAST WEEK'S EASTEN U.S. WEATHER CONDITIONS

FROM:   NASA 

NOAA's GOES-East satellite provided a look at the frigid eastern two-thirds of the U.S. on Jan. 7, 2015, that shows a blanket of northern snow, lake-effect snow from the Great Lakes and clouds behind the Arctic cold front. A visible picture captured at 11 a.m. EST showed the effects of the latest Arctic outbreak. The cold front that brought the Arctic air moved as far south as Florida, and stretched back over the Gulf of Mexico and just west of Texas. The image shows clouds behind the frontal boundary stretching from the Carolinas west over the Heartland. Farther north, a wide band of fallen snow covers the ground from New England west to Montana, with rivers appearing like veins. The GOES-East satellite image also shows wind-whipped lake-effect snows off the Great Lakes, blowing to the southeast. Meanwhile, Florida, the nation's warm spot appeared almost cloud-free. Image Credit: NASA/NOAA GOES Project.

The President Speaks About Housing in Phoenix

Sunday, January 11, 2015

OLI SEES PHYTOPLANKTON BLOOM NEAR ALASKAN ISLANDS

FROM:  NASA 

The Operational Land Imager (OLI) on Landsat 8 captured this view of a phytoplankton bloom near Alaska’s Pribilof Islands on Sept. 22, 2014. The Pribilofs are surrounded by nutrient-rich waters in the Bering Sea. The milky green and light blue shading of the water indicates the presence of vast populations of microscopic phytoplankton—mostly coccolithophores, which have calcite scales that appear white in satellite images. Such phytoplankton form the foundation of a tremendously productive habitat for fish and birds. Blooms in the Bering Sea increase significantly in springtime, after winter ice cover retreats and nutrients and freshened water are abundant near the ocean surface. Phytoplankton populations plummet in summertime as the water warms, surface nutrients are depleted by blooms, and the plant-like organisms are depleted by grazing fish, zooplankton, and other marine life. By autumn, storms can stir nutrients back to the surface and cooler waters make better bloom conditions.  Image Credit: NASA/Landsat 8.

NASA VIDEO: LIFTOFF OF SPACEX CRS-5

U.S. CONDEMNS ATTACKS BY BOKO HARAM

FROM:  U.S. STATE DEPARTMENT 
U.S. Condemns Terrorist Attacks in Borno State
Press Statement
Jen Psaki
Department Spokesperson
Washington, DC
January 9, 2015

The United States condemns the recent escalation of attacks on civilians carried out by Boko Haram, which shows no regard for human life. All those responsible for these recurring terrorist attacks must be held accountable.

The United States abhors such violence, which continues to take a terrible toll on the people of Nigeria and the broader region, including Cameroon. We extend our sympathies to the loved ones of all victims of violence at the hands of Boko Haram.

The United States is committed to working with Nigeria and its neighbors to end the scourge of Boko Haram. We urge Nigeria and its neighbors to take all possible steps to address the urgent threat of Boko Haram. Even in the face of these horrifying attacks, terrorist organizations like Boko Haram must not distract Nigeria from carrying out credible and peaceful elections that reflect the will of the Nigerian people.

AG HOLDER'S REMARKS AT FAREWELL CEREMONY FOR DEPUTY AG COLE

FROM:  U.S. JUSTICE DEPARTMENT 
Attorney General Holder Delivers Remarks at Farewell Ceremony for Deputy Attorney General Cole
Washington, DCUnited States ~ Thursday, January 8, 2015

Good afternoon – and thank you all for being here.  This is a bittersweet day – for this department, for me, and, I know, for everyone in this Great Hall.  But it is a pleasure to share this occasion with so many good friends, valued colleagues and proud family members.  And it’s a great privilege to join each of our distinguished guest speakers in welcoming you all to the Justice Department this afternoon – as we thank Jim Cole for his exemplary service to our nation, not only over the last four years, but throughout his career; as we celebrate the many achievements that have defined his leadership of this department as Deputy Attorney General; and as we wish him well as he marks the beginning of an exciting new chapter in his life.

I want to extend a special welcome to Jim’s wonderful wife, Susan; their son, Jackson; their daughter, Amanda; and every member of Jim’s extended family who’s here with us today.

As a former Deputy Attorney General myself, I understand in a personal way the toll that this highly-demanding – and far from glamorous – job can take.  I also know that having a family member serving in such a high-profile and high-pressure position has required great sacrifices from many of Jim’s friends and loved ones.  So I want to take a moment to thank each of you for your service, for your patience, and for your constant love and support over the last four years – which I know have meant the world to Jim, and which have made possible the record of achievement that will define his legacy as a senior leader in the Obama Administration.

What a legacy it is.  Over the past four years, Jim Cole has been my indispensable partner in leading the U.S. Department of Justice – and extending the promise of equality under the law for everyone in this country.

His persistence, his tenacity, and his relentless drive for results – on behalf of the American people he serves so faithfully – have marked him as an extremely effective Deputy Attorney General.  And his love of, and loyalty to, this great institution – and the extraordinary men and women who serve it – have earned him a reputation as a skilled and thoughtful manager; as a good steward of the principles that have guided this department since its earliest days; and as a champion of the cause of justice – in every case and circumstance.

As anyone who has worked closely with Jim over the years can tell you, many of these qualities have been evident since the moment he first reported for work at the Justice Department – as a member of the newly-created Public Integrity Section.

That, of course, is where Jim and I first met – more years ago than either of us would like to admit.  I quickly came to admire Jim’s work ethic, his judgment, his passion for public service and his intelligence and skill as an attorney.

Even before he was promoted to Deputy Chief of the Public Integrity Section, I saw – as did many of our colleagues – that Jim had a tremendous amount to offer to this department, and that he was destined for big things.  I'm not sure, however, that anyone could have predicted then that the two of us would someday lead the Justice Department.  But I knew, when he left the federal workforce and launched a distinguished career in private practice – that his service to our nation was not yet over.

Although neither of us would have dared to imagine it at the time, I was deeply gratified that our respective paths brought us back together in 2010.  And I have been both honored and humbled to lead this department alongside him ever since.

During times of great challenge and unprecedented resource constraints – through a hiring freeze and even a government shutdown – President Obama and I have relied upon Jim to ensure that the Justice Department operates as effectively and efficiently as possible.

His leadership and ingenuity have been critical in attaining historic results on behalf of the American people.  And, as one of the longest-serving Deputy Attorneys General in history, his management of the day-to-day operations of this department has left a profound and enduring impact.

On a policy level, his input, advice and strong leadership played a key role in the administration’s decision not to defend the constitutionality of the Defense of Marriage Act – and he has been a clear and consistent advocate for LGBT rights throughout the country.

As we considered ways to improve America’s criminal justice system, Jim became a champion – and a key architect – of the Smart on Crime initiative, helping to guide and implement it from the ground up.  His work has been particularly important in driving new reentry policies and launching our new executive clemency initiative.

And from the historic resolution in the Deepwater Horizon case – which he helped make possible – to our aggressive and ongoing efforts to combat financial fraud and hold accountable those individuals and institutions who have undermined our economy, his efforts have greatly benefited the American people – touching and improving countless lives from coast to coast.

On questions large and small, throughout his tenure as DAG, Jim’s guidance and wise counsel have made him an irreplaceable advisor, a proven and trusted leader, and a steadfast and valued friend.

Jim, I have been proud to know you, to work with you, and to depend upon you for close to four decades.  I am honored to join everyone here in thanking you for your tireless work and faithful service over the years.  And although you will be dearly missed by dedicated public servants at every level of the Justice Department – and although I will miss working with you a great deal – I want to join our valued colleagues in wishing you all the best as you move on to bigger and better things.

You will always be a treasured member of the Justice Department family.  And I look forward to all that you’ll undoubtedly contribute and achieve in the months and years to come.

At this time, in recognition of your achievements and your many contributions over the years, it is my great privilege to present you with the highest award I can bestow on a Justice Department employee – the Edmund J. Randolph Award.  Congratulations, my friend – and good luck.

Ladies and gentlemen, please join me in welcoming to the podium – our Deputy Attorney General, and my great friend, Jim Cole.

The President Visits the Nueva Villas Housing Complex

FDA ACKNOWLEDGES CONCERNS OF USING PAIN MEDICINES DURING PREGNANCY

FROM:  U.S. FOOD AND DRUG ADMINISTRATION 

The U.S. Food and Drug Administration (FDA) is aware of and understands the concerns arising from recent reports questioning the safety of prescription and over-the-counter (OTC) pain medicines when used during pregnancy.  As a result, we evaluated research studies published in the medical literature and determined they are too limited to make any recommendations based on these studies at this time.  Because of this uncertainty, the use of pain medicines during pregnancy should be carefully considered.  We urge pregnant women to always discuss all medicines with their health care professionals before using them.

Severe and persistent pain that is not effectively treated during pregnancy can result in depression, anxiety, and high blood pressure in the mother. Medicines including nonsteroidal anti-inflammatory drugs (NSAIDs), opioids, and acetaminophen can help treat severe and persistent pain.  However, it is important to carefully weigh the benefits and risks of using prescription and OTC pain medicines during pregnancy.

The published studies we reviewed reported on the potential risks associated with the following three types of pain medicines used during pregnancy (see Data Summary section for more information about these studies):

Prescription NSAIDs and the risk of miscarriage in the first half of pregnancy.Examples of prescription NSAIDs include ibuprofen, naproxen, diclofenac, and celecoxib.

Opioids, which are available only by prescription, and the risk of birth defects of the brain, spine, or spinal cord in babies born to women who took these products during the first trimester of pregnancy. Examples of opioids include oxycodone, hydrocodone, hydromorphone, morphine, and codeine.

Acetaminophen in both OTC and prescription products and the risk of attention deficit hyperactivity disorder (ADHD) in children born to women who took this medicine at any time during pregnancy. Acetaminophen is a common pain reducer and fever reducer found in hundreds of medicines including those used for colds, flu, allergies, and sleep.

We found all of the studies we reviewed to have potential limitations in their designs; sometimes the accumulated studies on a topic contained conflicting results that prevented us from drawing reliable conclusions.  As a result, our recommendations on how pain medicines are used during pregnancy will remain the same at this time.

Pregnant women should always consult with their health care professional before taking any prescription or OTC medicine.  Women taking pain medicines who are considering becoming pregnant should also consult with their health care professionals to discuss the risks and benefits of pain medicine use.  Health care professionals should continue to follow the recommendations in the drug labels when prescribing pain medicines to pregnant patients.

Saturday, January 10, 2015

NASA's SMAP: Mapping the Water Under Our Feet

SpaceX CRS-5 mission on This Week @NASA

Weekly Address: America's Resurgence Is Real

MORE AIRSTRIKES TARGET ISIL

FROM:  U.S. DEFENSE DEPARTMENT
Inherent Resolve Airstrikes Target ISIL in Syria, Iraq

From a Combined Joint Task Force Operation Inherent Resolve News Release
SOUTHWEST ASIA, Jan. 9, 2015 – U.S. and partner-nation military forces have continued to attack Islamic State of Iraq and the Levant terrorists in Syria and Iraq, Combined Joint Task Force Operation Inherent Resolve officials reported today.

Between 8 a.m. yesterday and 8 a.m. today, local time, fighter and bomber aircraft conducted five airstrikes in Syria, and six airstrikes using fighter and remotely piloted aircraft targeted ISIL elements in Iraq, officials said.
The airstrikes in Syria, all near Kobani, struck an ISIL fighting position and two ISIL tactical units and destroyed an ISIL building and seven ISIL fighting positions.

Airstrikes in Iraq

Officials provided the following details on the Iraq airstrikes:
-- Near Qaim, an airstrike destroyed an ISIL bunker.

-- Near Asad, two airstrikes struck an ISIL tactical unit and a large ISIL unit and destroyed two ISIL vehicles.

-- Near Sinjar, two airstrikes struck an ISIL tactical unit and destroyed an ISIL fighting position, an ISIL vehicle and an ISIL heavy weapon.

-- Near Mosul, an airstrike struck an ISIL building and an ISIL tactical unit.
Airstrike assessments are based on initial reports, officials noted.
Part of Operation Inherent Resolve

The strikes were conducted as part of Operation Inherent Resolve, the operation to eliminate the ISIL terrorist group and the threat it poses to Iraq, the region and the wider international community.

Coalition nations conducting airstrikes in Iraq include the United States, Australia, Belgium, Canada, Denmark, France, the Netherlands and the United Kingdom. Coalition nations conducting airstrikes in Syria include the United States, Bahrain, Jordan, Saudi Arabia and the United Arab Emirates.

FORMER JUDGE IN ARKANSAS PLEADS GUILTY TO ACCEPTING BRIBE

FROM:  U.S. JUSTICE DEPARTMENT  
Friday, January 9, 2015
Former Judge Pleads Guilty for Accepting Bribe During Campaign to be Elected to the Arkansas Court of Appeals

A former state circuit judge in Arkansas pleaded guilty today for accepting a bribe in exchange for reducing a negligence jury verdict against a Conway, Arkansas, company.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and First Assistant United States Attorney Patrick C. Harris of the Eastern District of Arkansas made the announcement.

Michael A. Maggio, 53, of Conway, Arkansas, pleaded guilty to a one-count information charging him with bribery concerning programs receiving federal funds.  A sentencing hearing before Chief U.S. District Judge Brian S. Miller of the Eastern District of Arkansas will be scheduled at a later date.

As part of his plea agreement, Maggio admitted that in 2013, he served as an elected circuit judge for the state of Arkansas, Twentieth Judicial District, Second Division, presiding over a civil matter in Faulkner County Circuit Court.  The plaintiff in that matter, the estate of a decedent, filed a complaint alleging, among other things, that a company, its owner, and others had neglected and mistreated the decedent leading to the decedent’s death while the decedent was in their care.  On May 16, 2013, a jury returned a verdict in the plaintiff’s favor, awarding damages against the sole-remaining defendant, the company, in the amount of $5.2 million.  Approximately one month later, the company filed a motion for new trial or to reduce the amount of damages awarded by the jury to the plaintiff.

Maggio further admitted that he formally announced his candidacy for the Arkansas Court of Appeals on June 27, 2013, while the post-trial motions were pending.  On July 10, 2013, Maggio entered an order reducing the verdict against the company to $1 million.  Prior to that order, a fundraiser for Maggio’s campaign told Maggio that the company’s owner had committed money to support Maggio’s campaign.  The fundraiser also communicated with Maggio regarding the pending post-trial motions.  On July 9, 2013, the owner  donated approximately $24,000 to Maggio’s campaign.  As part of his plea, Maggio admitted that his decision to remit the judgment was improperly influenced by the donations that his campaign received from the company’s owner.  Maggio further acknowledged that he attempted to delete text messages between the fundraiser and himself after the media became aware of the illicit contributions to his campaign.

The case was investigated by the FBI’s Little Rock Field Office, and is being prosecuted by Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas.

West Wing Week: 1/9/15 or, "SOTU Spoiler Alert!"

SECRETARY KERRY'S STATEMENT ON SRI LANKAN ELECTIONS

FROM:   U.S. STATE DEPARTMENT  
Conclusion of Sri Lankan Elections and Election of Maithripala Sirisena
Press Statement
John Kerry
Secretary of State
Washington, DC
January 8, 2015

The Sri Lankan people deserve great credit on the successful conclusion of their elections. They turned out in great numbers to exercise their democratic rights and every vote was a victory for Sri Lanka.

The United States applauds the Sri Lankan Elections Commissioner, the security forces, Sri Lankan civil society, and the candidates themselves for making sure this election was not marred by unrest and for ensuring a significant drop in campaign-related violence. It will be important for that effort to continue in the coming days.

I commend President Rajapaksa for accepting the results of the election in the proud tradition of peaceful and orderly transfers of power in Sri Lanka. His words tonight about accepting the verdict of the people and moving forward are important.

I look forward to working with President-elect Maithripala Sirisena as his new government works to implement its campaign platform of a Sri Lanka that is peaceful, inclusive, democratic, and prosperous.

FORMER ADOPTION AGENCY DIRECTOR PLEADS GUILTY FOR ROLE IN ETHIOPIAN ADOPTION FRAUD SCHEME

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, January 8, 2015
Former International Program Director of Adoption Agency Pleads Guilty to Ethiopian Adoption Fraud Scheme

The former International Program Director of International Adoption Guides Inc. (IAG), an adoption agency, pleaded guilty today to conspiring with others to defraud the United States by submitting fraudulent documents to the State Department for adoptions from Ethiopia and paying bribes to foreign officials.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Bill Nettles of the District of South Carolina made the announcement.

James Harding, 55, of Atlanta, Georgia, admitted as part of his guilty plea that, between 2008 and 2009, he and his co-conspirators submitted fraudulent documents to the State Department to facilitate adoptions of Ethiopian children by U.S. parents.  Harding admitted that, in support of U.S. visa applications for the Ethiopian children, he and others submitted false documentation, including contracts of adoption signed by orphanages that could not properly give the children up for adoption because, for example, the child in question was never cared for or never resided at the orphanage.

In entering his guilty plea, Harding also admitted that he and others paid bribes to two Ethiopian officials so that those officials would help with the fraudulent adoptions.  Specifically, Harding admitted that an audiologist and teacher at a government school was given money and other valuables in exchange for non-public medical information and social history information for potential adoptees.  Additionally, Harding and his co-conspirators provided cash and all-expense paid travel to the head of a regional ministry for women’s and children’s affairs in exchange for his approval of IAG’s applications for intercountry adoptions and ignoring IAG’s failure to maintain a properly licensed adoption facility.

Harding pleaded guilty before Senior U.S. District Court Judge Sol Blatt Jr. of the District of South Carolina, and a sentencing hearing will be scheduled at a later date.

This ongoing investigation is being conducted by the Bureau of Diplomatic Security.  The department appreciates the assistance of the Office of Children’s Issues at the U.S. Department of State.  The case is being prosecuted by Trial Attorney John W. Borchert of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jamie Lea Schoen of the District of South Carolina.\

Friday, January 9, 2015

President Obama Signs a Condolence Book at the French Embassy

WHAT'S UP FOR JANUARY 2015

EPA TAKES ACTION PROTECTING CONSUMERS FROM TOLUENE DIISOCYANATES

FROM:  U.S. EPA 

Today, EPA is taking action to protect consumers from new uses and imports of the harmful chemicals Toluene Diisocyanates (TDI).

These chemicals are currently widely used in residual amounts in the production of polyurethanes and consumer products, such as coatings, elastomers, adhesives, and sealants and can be found in products used in and around homes or schools. Diisocyanates are well known dermal and inhalation sensitizers in the workplace and can cause asthma, lung damage, and in severe cases, death.

The proposed decision would give EPA the opportunity to evaluate and if necessary, to take action to prohibit or limit the use of the chemicals at greater than 0.1% in coatings, adhesives, elastomers, binders, and sealants in consumer products including imported consumer products that make their way into the United States.  For all other uses in a consumer products, EPA would have the opportunity to evaluate the use of the chemicals at any level.

EPA’s proposed action, a Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA), would require manufacturers (including importers) to notify EPA at least 90 days before starting or resuming these new uses in consumer products.  EPA would then have the opportunity to evaluate the intended use of the chemicals and, if necessary, take action to prohibit or limit the activity.

FORMER ANGOLA PRISON CORRECTIONS OFFICERS SENTENCED FOR ABUSING INMATE, COVER-UP

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, January 8, 2015
Three Former Correctional Officers At Angola Prison Sentenced for Abusing an Inmate and Cover-Up

Three former correctional officers with the Louisiana State Penitentiary in Angola, Louisiana, were sentenced today before United States District Judge James J. Brady for the Middle District of Louisiana for abusing an inmate and engaging in conduct to cover up the criminal conduct.  Mark Sharp, 33, received 73 months.  Kevin Groom, 47, was sentenced to one year probation and a $500 fine.  Matthew Cody Butler, 29, received two years probation and a $3,000 fine.

According to court documents filed in connection with their guilty pleas, on January 24, 2010, defendants Groom, Sharp and Butler were on duty as correctional officials when they learned that an inmate had escaped from his assigned location.  Shortly after the defendants joined the search for the escapee, the inmate surrendered to prison officials.  The inmate was handcuffed behind his back and placed in the back of a pick-up truck to be transported to the medical unit.  Groom, Butler, and Sharp escorted the inmate on the back of that truck.  During the drive to the medical unit, Sharp repeatedly struck the inmate with an baton.  During the ensuring investigation of the inmate’s complaint that officers had abused him, Groom and Butler engaged in various conduct to cover up the assault.

Sharp pleaded guilty to violating the civil rights of the inmate and to making false statements to the FBI.  Groom pleaded guilty to falsifying records in a federal investigation and making false statements to the FBI.  Butler pleaded guilty to misprision of a felony.

Another former officer, Jason Giroir, also pleaded guilty on May 29, 2013, to falsifying a report and making a false statement to the FBI.  He will be sentenced separately on January 29, 2015.

“The vast majority of American law enforcement officers conduct themselves with honor,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “But when law enforcement officers abuse inmates and attempt to cover-up their misconduct, the Department of Justice stands ready to hold those officers accountable for their conduct.”

“It is unfortunate that the defendants’ criminal activities threaten to overshadow the courageous and outstanding work performed every day by the vast majority of law enforcement officers, both inside and outside the penal system,” said U.S. Attorney J. Walter Green for the Middle District of Louisiana.

“This thorough and patient investigation  not only resulted in the full accountability of all correctional officers involved, but also demonstrated unwavering adherence to the procedural rights of the victim and accused,” said Special Agent in Charge Michael J. Anderson of the FBI’s New Orleans Office.

The investigation in this matter was conducted by Special Agent Taneka Harris of the Federal Bureau of Investigation and prosecuted by Civil Rights Division Trial Attorney AeJean Cha and Assistant U.S. Attorney Robert W. Piedrahita.

FBI ARRESTS FIVE INVOLVED IN ALABAMA CRIME ORGANIZATION

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, January 7, 2015
FBI Arrests Defendants Charged with Trafficking Heroin and Other Drugs in Jefferson County

FBI agents today arrested five of six Jefferson County, Alabama, men indicted by a federal grand jury in November on charges they operated an illegal organization trafficking heroin, cocaine, prescription painkillers and other drugs in the western part of the county.  The sixth defendant already was in custody in Jefferson County on state charges related to the drug-trafficking organization.

U.S. Attorney Joyce White Vance, FBI Acting Special Agent in Charge Robert E. Haley III, Jefferson County Sheriff Mike Hale, Hueytown Police Chief Chuck Hagler and Special Agent in Charge Veronica Hyman-Pillot of the Internal Revenue Service Criminal Investigation Division announced today's arrests.

The November indictment charges Ladaryl Keith "Eric" Spriggs, 30, Michael "Mike" Watson Jr., 28, Boris Bernard "Buck" Edwards, 45, and Marquis Rashad "Bobo" Abernathy, 23, all of Brighton, Alabama, as well as Damien Jamaar "Two for 15" Scott, 29, of Bessemer, Alabama, and Antione Rashun "Twan" Bell, 29, of Birmingham, Alabama, with conspiring to distribute heroin, cocaine, marijuana, oxycodone, codeine, hydrocodone, suboxone and alprazolam between August 2013 and Nov. 17, 2014.

Arrested today were Spriggs, Watson, Abernathy, Edwards and Bell.  Scott was already in custody.

"The indictment and arrests of these defendants reflects my office's commitment to work with law enforcement to battle the country's epidemic problem of heroin and opioid painkiller abuse on the supply side," said U.S. Attorney Vance.  "There have been at least 123 heroin overdose deaths in Jefferson County, alone, in 2014.  As a community, we must wage battle on many fronts, including seeking more education and awareness about opiate abuse and more addiction treatment options."

“This investigation shows the FBI’s resolve to target organizations that are bringing heroin and other dangerous drugs into the Birmingham area," said FBI Acting Special Agent in Charge Haley.  "Today, along with our law enforcement partners, we were able to remove dangerous people from the streets and take another step toward making our community safer.”

"The drug trade is a deadly business and none more deadly than heroin," said Sheriff Hale.  "This investigation and subsequent number of arrests will certainly have a positive impact in our area, as these are major players in this deadly game.  Lives will be saved because of it.  I want to thank United States Attorney Joyce Vance and her team, along with all of the federal and local enforcement partners for their commitment to this initiative.  We are a powerful force working together and we are committed to continuing this fight.”

"The heroin problem is a metro-wide epidemic that needs a cooperative response from law enforcement, on all levels, across the area," said Police Chief Hagler.  "The leadership shown by the U.S. Attorney’s Office on this issue has been both welcomed and effective.  I’m sure I speak for all my fellow police chiefs when I say we appreciate Joyce Vance’s efforts in helping to spearhead a multi-agency law enforcement strategy to deal with this threat to all our communities."

According to the indictment, Spriggs, Watson and Abernathy are charged with trafficking more than 1,000 grams of heroin as part of the conspiracy, and Scott's, Bell's and Edwards' participation in the conspiracy involved more than 100 grams of heroin.

Count 2 of the indictment charges Spriggs and Watson with possessing and intending to distribute heroin and oxycodone from a Fairfield, Alabama, house located within 1,000 feet of a public school, Fairfield High School, on July 17.

Count 3 charges Spriggs, Scott and Watson with possessing and intending to distribute heroin on August 8.

The remaining 11 counts variously charge all defendants, except Scott, with using a telephone to facilitate a drug-trafficking crime.

The indictment seeks a forfeiture judgment of at least $1 million from the defendants as proceeds of illegal activity.

The maximum penalty for conspiracy to distribute drugs illegally is 20 years in prison and a $1 million fine.  Conspiracy to distribute more than 1,000 grams of heroin carries a penalty of 10 years to life in prison and a $10 million fine, and conspiracy to distribute 100 grams or more of heroin carries a penalty of five to 40 years in prison and a $5 million fine.

The maximum penalty for possessing with intent to distribute heroin or oxycodone is 20 years in prison and a $1 million fine.  The maximum penalty doubles for distribution within 1,000 feet of a school.

The maximum penalty for using a telephone to facilitate a drug-trafficking crime is four years in prison and a $250,000 fine.

The FBI's Safe Streets Task Force investigated the case, in conjunction with the Jefferson County Sheriff's Office, Hueytown Police and IRS-CID. Assistant U.S. Attorney Gregory R. Dimler is prosecuting the case.

The public is reminded that an indictment contains only charges.  Defendants are presumed innocent unless and until proven guilty.

LOUISIANA RESIDENT PLEADS GUILTY TO PIPELINE SAFETY VIOLATIONS AND FALSE STATEMENTS

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, January 7, 2015
Pipeline Corrosion Monitor Pleads Guilty to Pipeline Safety Violations and False Statements

Randy Jones, 44, a former corrosion coordinator for Shell Pipeline Company L.P. (Shell), pleaded guilty in Milwaukee today to failing to conduct bi-monthly voltage readings and an annual survey of a pipeline used to transport jet fuel in violation of the Pipeline Safety Act (PSA) and making a false statement to the Pipeline and Hazardous Material Safety Administration (PHMSA).

Jones, a resident of Louisiana, pleaded guilty to knowingly failing to conduct required safety test between January and December 2011 and submitting false data to PHMSA. The violations were in connection with a pipeline owned by Shell that delivered commercial aviation jet fuel to General Mitchell International Airport in Milwaukee, Wisconsin.  In January 2012 a hole was discovered in the pipeline at Mitchell Airport after jet fuel began showing up in soil surrounding the airport and in nearby Wilson Creek.  Fuel eventually reached and melted asphalt on airport property.  Shell reported that approximately 9,000 gallons of jet fuel was released.  The response and cleanup cost for the spill was approximately $19.3 million.    

Jones was employed by Shell from 1992 through 2012. From 2010 until 2012, Jones was employed as a corrosion coordinator and was responsible for Shell pipelines servicing Mitchell and Chicago O’Hare airports. Jones failed to conduct the required testing for 2011 and when advised of an audit by PHMSA scheduled for December 2011, he submitted false data indicating the required test had been conducted.    

Consistent with requirements of the PSA, which establishes standards for the safe operation of the hazardous materials in pipelines, buried or submerged metal pipelines must be protected to prevent corrosion.  This involves the use of a device called a rectifier which applies a negative current to soil near the pipeline to keep corrosion away from the pipe.  The operator of the pipeline is required to conduct bi-monthly readings of the voltage generated from a rectifier and conduct an annual survey of the pipeline to insure that the pipeline is adequately protected from corrosion.  PHMSA is the primary agency responsible for regulating and enforcing the PSA.

An information charging Jones with two counts of violating the PSA and one false statement violation was filed on Nov. 14, 2014.  Under the terms of the plea agreement, each offense charged carries a maximum prison sentence of five years. The sentencing is set for April 30, 2015.

The case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division, U.S. Coast Guard Investigative Service, U.S. Department of Transportation Office of Inspector General, and FBI, with assistance from PHMSA.  The case was prosecuted by Jennifer A. Whitfield of the Environmental Crimes Section of the Department of Justice and Tracy M. Johnson of the U.S. Attorney’s Office for the Eastern District of Wisconsin.

USFWS VIDEO: WILD BERGAMOT

FORMER HUD EMPLOYEE SENTENCED TO PRISON FOR THEFT OF GOVERNMENT MONEY

FROM:  U.S. JUSTICE DEPARTMENT 
FOR IMMEDIATE RELEASE
Wednesday, January 7, 2015
Former HUD Employee Sentenced to 26 Months in Prison for Theft of Over $843,000 of Government Money

Brian E. Thompson, 54, a former loan guarantee specialist for the U.S. Department of Housing and Urban Development, was sentenced today to serve 26 months in prison for a scheme in which he stole over $843,000 of government money.

The sentencing was announced by U.S. Attorney Ronald C. Machen Jr. of the District of Columbia, Inspector in Charge Gary R. Barksdale of the Washington Division of the U.S. Postal Inspection Service, and Special Agent in Charge Cary A. Rubenstein of the Mid-Atlantic Region of the Office of the Inspector General of the U.S. Department of Housing and Urban Development (HUD-OIG).

Thompson, of Washington, D.C., pleaded guilty in October 2014 in the U.S. District Court for the District of Columbia to one count of wire fraud.  He was sentenced by the Honorable Senior Judge Paul L. Friedman.  Upon completion of his prison term, Thompson will be placed on three years of supervised release.  He also must pay $843,400 in restitution to the federal government.  Finally, he is subject to a forfeiture money judgment in the amount of $645,700, in addition to over $150,000 previously seized from his financial accounts.

According to a statement of offense, signed by the defendant as well as the government, Thompson carried out his scheme from May 2013 until March 2014, while he was working for HUD’s Office of Loan Guarantee for Native American programs.  This office handles the reselling of properties that have been acquired by HUD after borrowers defaulted on their HUD-guaranteed mortgages.  Thompson was a loan guarantee specialist.  His duties included selling these HUD real estate owned properties for the best possible price in order to reimburse the government for the payments made to the mortgage lender for the insured loan.  He advised supervisors of the progress of reselling properties, and he also coordinated with the title and escrow agents at settlements.

From June 2013 until March 2014, Thompson sold parcels of such real estate properties on behalf of HUD.  For five of those parcels, he made materially false misrepresentations to third parties and diverted over $843,000 of the sales proceeds to bank accounts under his control.  In order to conceal these thefts from HUD, Thompson used and submitted fictitious settlement statements that falsely listed the buyer, and/or the contract sales prices, and/or the seller proceeds.

“Brian Thompson will be a federal inmate because of his crooked dealings,” said U.S. Attorney Machen.  “He ripped off the taxpayer and harmed the integrity of program designed to help underprivileged Native American homeowners.  Public service is a calling, not a get-rich-quick opportunity.  I want to thank the other public servants at the Office of Native American Programs who came forward and raised concerns about Thompson’s conduct.”

“As today’s sentence demonstrates, those who attempt to defraud the U.S. government will be held accountable,” said Postal Inspector in Charge Barksdale.  “Postal Inspectors applaud the efforts of its law enforcement partners at HUD-OIG.  Our combined efforts brought the individual responsible for this crime, which involved the U.S. mail system, to justice.”

“The United States Department of Housing and Urban Development, Office of the Inspector General is tasked with investigating allegations of waste, fraud, and abuse in HUD-sponsored programs,” said Special Agent in Charge Rubenstein.  “When we learn of HUD employees who engage in fraud, and in this instance elect to enrich themselves at the expense of a HUD program designed to ensure that Native Americans are provided the American dream of home ownership, we vigorously investigate these allegations in order to bring the employees to justice and remove them from current and future employment with HUD and the federal government.  We wish to thank our law enforcement partners at the U.S. Postal Inspection Service and United States Attorney’s Office for their steadfast efforts, hard work and dedication.  This was a truly collaborative effort that led to the sentencing today.”

In announcing the sentence, U.S. Attorney Machen, Inspector in Charge Barksdale, and Special Agent in Charge Rubenstein commended the work of those who investigated the case from the U.S. Postal Inspection Service and HUD’s Office of the Inspector General.  They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kristy Penny, the Asset Forfeiture Section’s staff, and Assistant U.S. Attorneys Diane Lucas and Virginia Cheatham.

Thursday, January 8, 2015

WHITE HOUSE VIDEO: PRESIDENT SPEAKS ON RESURGENCE OF U.S. AUTO INDUSTRY

NASA VIDEO| EARTH AT NIGHT

ALL FOUR ACTIVE SERVICES MET OR EXCEEDED RECRUITMENT GOALS

FROM:  U.S. DEFENSE DEPARTMENT 
Release No: NR-001-15
January 06, 2015
DoD Announces Recruiting and Retention Numbers for Fiscal 2015, Through November 2014

The Department of Defense announced today recruiting and retention statistics for the active and reserve components for fiscal 2015, through November 2014.
Active Component

• Recruiting. All four active services met or exceeded their numerical accession goals for fiscal 2015, through November.
• Army – 10,036 accessions, with a goal of 9,880; 101.6 percent.
• Navy – 5,079 accessions, with a goal of 5,079; 100.0 percent.
• Marine Corps – 4,126 accessions, with a goal of 4,123; 100.1 percent.
• Air Force – 3,177 accessions, with a goal of 3,177; 100.0 percent.
• Retention. The Air Force, Navy, and Marine Corps exhibited strong retention numbers for the second month of fiscal 2014.

Reserve Component

• Recruiting. Five of the six reserve components met or exceeded their fiscal-year-to-date 2015 numerical accession goals through November 2014. Five of the six reserve components also met or exceeded the DoD quality benchmarks.
• Army National Guard – 7,305 accessions, with a goal of 8,128; 89.9 percent.
• Army Reserve – 5,024 accessions, with a goal of 4,667; 107.6 percent.
• Navy Reserve – 994 accessions, with a goal of 994; 100.0 percent.
• Marine Corps Reserve – 1,341 accessions, with a goal of 1,254; 106.9 percent.
• Air National Guard – 1,346 accessions, with a goal of 1,346; 100.0 percent.
• Air Force Reserve – 1,179 accessions, with a goal of 1,179; 100.0 percent.
• Attrition – Each of the six reserve components met their attrition goals or were within the allowed variance. Current trends are expected to continue. (This indicator lags due to data availability.)

U.S. EXPORT-IMPORT BANK CHAIRMAN'S REMARKS ON EXPORT DATA RELEASE

FROM:  U.S. EXPORT-IMPORT BANK 
Export-Import Bank Chairman Fred P. Hochberg’s Statement on the Release of Export Data from the Commerce Department
U.S. Exports Reach $196.4 Billion in November

Washington, D.C. – Ex-Im Bank Chairman and President Fred P. Hochberg issued the following statement with respect to November’s export data released today by the Bureau of Economic Analysis (BEA) of the U.S. Commerce Department. According to BEA, the United States exported $196.4 billion of goods and services in November 2014.

“Contrary to the old conventional wisdom that the days of the U.S. making things are behind us, these numbers are further proof that the world still demands quality American-made goods—now more than ever, in fact,” said Hochberg. “At Ex-Im Bank, we’re supporting American exporters and workers to bring their goods and services to new global markets and create more middle class jobs here at home.”

ABOUT EX-IM BANK:

Ex-Im Bank is an independent federal agency that supports and maintains U.S. jobs by filling gaps in private export financing at no cost to American taxpayers. The Bank provides a variety of financing mechanisms, including working capital guarantees and export credit insurance, to promote the sale of U.S. goods and services abroad. Ninety percent of its transactions directly serve American small businesses.

In fiscal year 2014, Ex-Im Bank approved $20.5 billion in total authorizations. These authorizations supported an estimated $27.5 billion in U.S. export sales, as well as approximately 164,000 American jobs in communities across the country.

1000TH EXOPLANET DISCOVERED AND MORE HABITABLE PLANETS FOUND

FROM:  NASA 
NASA’s Kepler Marks 1,000th Exoplanet Discovery, Uncovers More Small Worlds in Habitable Zones

NASA Kepler's Hall of Fame: Of the more than 1,000 verified planets found by NASA's Kepler Space Telescope, eight are less than twice Earth-size and in their stars' habitable zone. All eight orbit stars cooler and smaller than our sun. The search continues for Earth-size habitable zone worlds around sun-like stars.
How many stars like our sun host planets like our Earth? NASA’s Kepler Space Telescope continuously monitored more than 150,000 stars beyond our solar system, and to date has offered scientists an assortment of more than 4,000 candidate planets for further study -- the 1,000th of which was recently verified.
Using Kepler data, scientists reached this millenary milestone after validating that eight more candidates spotted by the planet-hunting telescope are, in fact, planets. The Kepler team also has added another 554 candidates to the roll of potential planets, six of which are near-Earth-size and orbit in the habitable zone of stars similar to our sun.

Three of the newly-validated planets are located in their distant suns’ habitable zone, the range of distances from the host star where liquid water might exist on the surface of an orbiting planet. Of the three, two are likely made of rock, like Earth.

"Each result from the planet-hunting Kepler mission's treasure trove of data takes us another step closer to answering the question of whether we are alone in the Universe," said John Grunsfeld, associate administrator of NASA’s Science Mission Directorate at the agency’s headquarters in Washington. “The Kepler team and its science community continue to produce impressive results with the data from this venerable explorer."

To determine whether a planet is made of rock, water or gas, scientists must know its size and mass. When its mass can’t be directly determined, scientists can infer what the planet is made of based on its size.

Two of the newly validated planets, Kepler-438b and Kepler-442b, are less than 1.5 times the diameter of Earth. Kepler-438b, 475 light-years away, is 12 percent bigger than Earth and orbits its star once every 35.2 days. Kepler-442b, 1,100 light-years away, is 33 percent bigger than Earth and orbits its star once every 112 days.

Both Kepler-438b and Kepler-442b orbit stars smaller and cooler than our sun, making the habitable zone closer to their parent star, in the direction of the constellation Lyra. The research paper reporting this finding has been accepted for publication in The Astrophysical Journal.

"With each new discovery of these small, possibly rocky worlds, our confidence strengthens in the determination of the true frequency of planets like Earth," said co-author Doug Caldwell, SETI Institute Kepler scientist at NASA's Ames Research Center at Moffett Field, California. "The day is on the horizon when we’ll know how common temperate, rocky planets like Earth are.”

With the detection of 554 more planet candidates from Kepler observations conducted May 2009 to April 2013, the Kepler team has raised the candidate count to 4,175. Eight of these new candidates are between one to two times the size of Earth, and orbit in their sun's habitable zone. Of these eight, six orbit stars that are similar to our sun in size and temperature. All candidates require follow-up observations and analysis to verify they are actual planets.

“Kepler collected data for four years -- long enough that we can now tease out the Earth-size candidates in one Earth-year orbits”, said Fergal Mullally, SETI Institute Kepler scientist at Ames who led the analysis of a new candidate catalog. “We’re closer than we’ve ever been to finding Earth twins around other sun-like stars. These are the planets we’re looking for”.

These findings also have been submitted for publication in The Astrophysical Journal Supplement.

Work is underway to translate these recent discoveries into estimates of how often rocky planets appear in the habitable zones of stars like our sun, a key step toward NASA's goal of understanding our place in the universe.

Scientists also are working on the next catalog release of Kepler’s four-year data set. The analysis will include the final month of data collected by the mission and also will be conducted using sophisticated software that is more sensitive to the tiny telltale signatures of small Earth-size planets than software used in the past.
Ames is responsible for Kepler's mission operations, ground system development and science data analysis. NASA's Jet Propulsion Laboratory in Pasadena, California, managed Kepler mission development. Ball Aerospace & Technologies Corp. in Boulder, Colorado, developed the Kepler flight system and supports mission operations with the Laboratory for Atmospheric and Space Physics at the University of Colorado in Boulder. The Space Telescope Science Institute in Baltimore archives, hosts and distributes Kepler science data. Kepler is NASA's 10th Discovery Mission and was funded by the agency's Science Mission Directorate in Washington.

REMARKS BY UN AMBASSADOR POWER ON BURUNDI'S ELECTIONS

FROM:  U.S. STATE DEPARTMENT 

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U.S. Mission to the United Nations: Statement by Ambassador Samantha Power, U.S. Permanent Representative to the United Nations, on the UN Integrated Office in Burundi's Closure and Transition to the UN Electoral Observation Mission in Burundi
January 6, 2015

FOR IMMEDIATE RELEASE

Last week, the United Nations Integrated Office in Burundi (BNUB) formally closed and transitioned to the United Nations Electoral Observation Mission in Burundi (MENUB) with a mandate to support Burundi’s electoral process ahead of the 2015 elections.

In April 2014, I visited Burundi and heard first-hand from political party representatives, members of the opposition, young university leaders, and civil society advocates about their hopes for the country’s political future and how they might contribute to it. But it was also clear then, as it is now, that the shrinking political space for opposition voices, including new, restrictive media and assembly laws, poses a threat to that future. As I stressed during my visit, an environment of open and free dialogue is essential to fulfilling Burundi’s democratic aspirations and preserving its hard-won peace.

The United States welcomes UN efforts to get MENUB up and running quickly, in line with the international commitment to the security and well-being of the people of Burundi, and looks forward to the important role MENUB will play in providing support to the government in the development of an inclusive and transparent 2015 elections cycle. The United States urges the Government of Burundi to engage the new UN mission earnestly to ensure all political and civil society leaders play an active role in the electoral process and that the people of Burundi enjoy a fully free and fair electoral process, one that results in a representative government determined to protect democratic institutions and serve the public’s needs.

WHITE HOUSE VIDEO: PRESIDENT OBAMA ADDRESSES THE NATIONAL GOVERNORS ASSOCIATION

COOLING-OFF RULE CHANGES ANNOUNCED BY FTC

FROM:  U.S. FEDERAL TRADE COMMISSION 
FTC Approves Changes to Cooling-Off Rule

The Federal Trade Commission has approved a final amendment to its Cooling-Off Rule that increases the exclusionary limit for certain “door-to-door” sales. The Cooling-Off Rule previously provided that it is unfair and deceptive for sellers engaged in “door-to-door” sales valued at more than $25 to fail to provide consumers with disclosures regarding their right to cancel the sales contract within three business days of the transaction.

Under the final rule, the revised definition of “door-to-door sales” distinguishes between sales at a buyer’s residence and those at other locations. The revised definition retains coverage for sales made at a buyer’s residence that have a purchase price of $25 or more, and it increases the purchase price to $130 or more for all other covered sales at temporary locations.

In retaining the $25 limit for in-home sales, the Commission stated that the rulemaking record reflected significant concern about high-pressure sales tactics and deception that can occur during in-home solicitations. Because the sellers’ practices did not appear to be as problematic when sales were made away from consumers’ homes, the Commission concluded that raising the value to $130 for those sales would reduce compliance burdens for sellers while still protecting consumers who make purchases from sellers located in temporary locations.

Wednesday, January 7, 2015

U.S. NAVY COMMANDER PLEADS GUILTY TO TAKING BRIBES INCLUDING CASH AND PROSTITUTE SERVICES

FROM:  U.S. NAVY 
Tuesday, January 6, 2015
U.S. Navy Commander Pleads Guilty in International Bribery Scandal
Second U.S. Navy Officer Indicted on Related Bribery Charges

A commander in the U.S. Navy pleaded guilty to federal bribery charges today, admitting that he provided a government contractor with classified ship schedules and other internal U.S. Navy information in exchange for cash, travel and entertainment expenses, as well as the services of prostitutes.  A second U.S. Navy officer was also indicted today on related bribery charges by a federal grand jury in the Southern District of California.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Laura E. Duffy of the Southern District of California, Director Andrew L. Traver of the Naval Criminal Investigative Service (NCIS) and Deputy Inspector General of Investigations James B. Burch of the Department of Defense, Defense Criminal Investigative Service (DCIS) made the announcement.

“Commander Sanchez sold out his command and country for cash bribes, luxury hotel rooms, and the services of prostitutes,” said Assistant Attorney General Caldwell.  “After today’s guilty plea, instead of free stays at the Shangri-La hotel, Sanchez is facing many nights in federal prison.  The Department of Justice’s Criminal Division is committed to prosecuting those who abuse positions of public trust for personal enrichment at the expense of national security and the American taxpayers.”

“During the course of the investigation into this criminal enterprise, investigators have compiled voluminous evidence identifying multiple persons of interest, generating numerous leads, and establishing and corroborating connections,” said Director Traver.  “NCIS and our law enforcement partners are committed to seeing this massive fraud and bribery investigation through to its conclusion, so that those responsible are held accountable.”

“This outcome yet again sends the message that corruption will be vigorously investigated and prosecuted,” said Deputy Inspector General of Investigations Burch.  “This is an unfortunate example of dishonorable Naval officers who recklessly risked the safety of our troops by trading classified information for cash, extravagant gifts and prostitutes.  Cases such as these are not motivated by need or other difficult personal circumstances; they are the product of simple greed.  This investigation should serve as a warning that those who compromise the integrity of the United States will face their day of reckoning.  DCIS and our law enforcement partners will pursue these crimes relentlessly.”

Jose Luis Sanchez, 42, an active duty U.S. Navy Officer stationed in San Diego, California, is one of seven defendants charged – and the fifth to plead guilty – in the corruption probe involving Glenn Defense Marine Asia (GDMA), a defense contractor based in Singapore that serviced U.S. Navy ships and submarines throughout the Pacific.  Sanchez pleaded guilty to bribery and bribery conspiracy before U.S. Magistrate Judge David H. Bartick of the Southern District of California.  A sentencing hearing was scheduled for March 27, 2015, before U.S. District Judge Janis L. Sammartino.

According to his plea agreement, from April 2008 to April 2013, Sanchez held various logistical positions with the U.S. Navy’s Seventh Fleet in Asia.  Sanchez admitted that, beginning in September 2009, he entered into a bribery scheme with Leonard Glenn Francis, the CEO of GDMA, in which Sanchez provided classified U.S. Navy ship schedules and other sensitive U.S. Navy information to Francis and used his position and influence within the U.S. Navy to benefit GDMA.  In return, Francis gave him things of value such as cash, travel and entertainment expenses, and the services of prostitutes.  Sanchez admitted that this bribery scheme continued until September 2013.  Francis was charged in a complaint unsealed on Nov. 6, 2013, with conspiring to commit bribery; that charge remains pending.

In his plea agreement, Sanchez admitted to seven specific instances in which he provided Francis with classified U.S. Navy ship and submarine schedules.  He also admitted using his position and influence with the U.S. Navy to benefit GDMA and Francis on various occasions.  Further, Sanchez admitted that he tipped Francis off about investigations into GDMA overbillings and briefed Francis on internal U.S. Navy deliberations.

Sanchez further admitted that, in exchange for this information, Francis provided him with cash, entertainment and stays at high-end hotels.  For example, in May 2012, Francis paid for Sanchez to stay five nights at the Shangri-La, a luxury hotel in Singapore, and, two months later, Francis paid for Sanchez’s travel from Asia to the United States, at a cost of over $7,500.  Additionally, Francis arranged and paid for the services of prostitutes for Sanchez while Sanchez was in Singapore and elsewhere in Asia.

In addition to Sanchez, two other U.S. Navy officials – former NCIS Special Agent John Beliveau and Petty Officer First Class Dan Layug – have pleaded guilty in connection with this investigation.Two former GDMA executives, Alex Wisidagama and Edmond Aruffo, have likewise pleaded guilty.

Also today, an indictment was returned against U.S. Navy Captain-Select Michael Vannak Khem Misiewicz, 47, of San Diego, California, charging him with a bribery conspiracy and seven counts of bribery.  According to allegations in the indictment, from at least as early as July 2011 until  September 2013, Misiewicz provided classified U.S. Navy ship schedules and other sensitive U.S. Navy information to Francis and used his position and influence within the U.S. Navy to benefit GDMA.  In return Francis allegedly gave him things of value such as cash, travel and entertainment expenses, and the services of prostitutes.

The charges contained in a criminal complaint and indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

The ongoing investigation is being conducted by NCIS, DCIS and the Defense Contract Audit Agency. The case is being prosecuted by Director of Procurement Fraud Catherine Votaw and Trial Attorney Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Mark W. Pletcher and Robert S. Huie of the Southern District of California.

1/6/15: White House Press Briefing

President Obama Meets with President Nieto of Mexico

SECRETARY KERRY'S REMARKS ON PARIS ATTACK

FROM:  U.S. STATE DEPARTMENT 
Remarks on the Terrorist Attack in Paris
Remarks
John Kerry
Secretary of State
Polish Foreign Minister Grzegorz Schetyna
Treaty Room
Washington, DC
January 7, 2015

SECRETARY KERRY: I’m very pleased to welcome Polish Foreign Minister Schetyna here to Washington today. He’s come here especially to meet with us and talk about the important relationship between Poland and the United States – a very important NATO member – and we are working on many, many issues in a very, very close bilateral way.

Before I do talk, however, about our relationship, both of us were just talking about the horrific attack in Paris today, the murderous attack on the headquarters of Charlie Hebdo in Paris. I would like to say directly to the people of Paris and of all of France that each and every American stands with you today, not just in horror or in anger or in outrage for this vicious act of violence, though we stand with you in solidarity and in commitment both to the cause of confronting extremism and in the cause which the extremists fear so much and which has always united our two countries: freedom.

No country knows better than France that freedom has a price, because France gave birth to democracy itself. France sparked so many revolutions of the human spirit, borne of freedom and of free expression, and that is what the extremists fear the most. They may wield weapons, but we in France and in the United States share a commitment to those who wield something that is far more powerful – not just a pen, but a pen that represents an instrument of freedom, not fear. Free expression and a free press are core values, they are universal values; principles that can be attacked but never eradicated, because brave and decent people around the world will never give in to the intimidation and the terror that those seeking to destroy those values employ.

I agree with the French imam who today called the slain journalists martyrs for liberty. Today’s murders are part of a larger confrontation, not between civilizations – no – but between civilization itself and those who are opposed to a civilized world. The murderers dared proclaim “Charlie Hebdo is dead,” but make no mistake: They are wrong. Today, tomorrow, in Paris, in France, or across the world, the freedom of expression that this magazine, no matter what your feelings were about it, the freedom of expression that it represented is not able to be killed by this kind of act of terror. On the contrary; it will never be eradicated by any act of terror. What they don’t understand – what these people who do these things don’t understand – is they will only strengthen the commitment to that freedom and our commitment to a civilized world.

I’d like to just say a quick word, if I may, directly to the people of France.

(In French.)

We wish our friends in France well, and we stand in strong solidarity with them.

I know our friends in Poland understand these acts of terror and this challenge as well as any people, not just in Europe but on the planet. And so I’m pleased to be standing here with the foreign minister today. Poland is a strong, stalwart advocate for and supporter of freedom and of democracy, and they’ve stood on the front lines for a long time in that effort. They understand the price of freedom and they understand the cost.

We are delighted to have their support and to work with them in their commitment to Ukraine, to the freedom and sovereignty of that nation; to the rule of law that has stood us so well in all of our global affairs, that was defined by World War II, in which Poland paid such a price for freedom. And we value enormously the very robust economic relationship that we share, the investment in defense modernization, the commitment to NATO. And we restate once again our commitment to Article 5 and to our NATO obligations and to the important relationship between Poland and the United States with respect to the rule of law. And finally, we appreciate Poland’s strong commitment to the TTIP, to the Transatlantic Trade and Investment Partnership, which is such a key component of our future in terms of jobs and our economies.

So Poland is a very important ally and an important guest today. And I think symbolically to have Poland standing by our side as we talk about the events that have taken place in Paris is something that should not be missed.

So thank you, Mr. Foreign Minister. We appreciate you being here. Thank you.

FOREIGN MINISTER SCHETYNA: Thank you. First of all, let me express my condolences to France and its people. We are deeply touched by terrorist act in Paris a few hours ago. We stand together with France today. But we will talk – we arranged our meeting a couple weeks ago and we established that we will talk about the – our fight against terrorists and terrorism. And we – I’d like to talk that it’s the – last year it was really fruitful with our relations between Poland and the United States. And I’m convinced that it will continue for the next months and years we’ll be talking about.

And Warsaw and Washington are close allies, intensively cooperating bilaterally and within a NATO framework. And it’s for us very important. We will be talking about decisions made in (inaudible), about implementation these decisions; about NATO summit in Warsaw, which we’ll head to 2016; and about all these issue – about the supports for international force in other regions all over the world like Ukraine, Middle East, Afghanistan – all the place where is a problem with terrorists and terrorism – with directness. And for sure we can say today that Washington can count on Warsaw, and I’m confident that Warsaw can count on Washington also.

Thank you very much.

SECRETARY KERRY: Thank you very much. Thank you so much. Thank you.

FOREIGN MINISTER SCHETYNA: Thank you.

NASA VIDEO: THE OCEAN WORLD OF EUROPA

ODOMETER TAMPERING AUTO DEALERS INDICTED FOR ODOMETER TAMPERING AND MONEY LAUNDERING

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, January 6, 2015
Used Motor Vehicle Dealers Indicted for Odometer Tampering and Money Laundering

A Queens, New York, man and his Israeli brother were charged in indictments unsealed today in federal courts in Philadelphia and Brooklyn, New York, with offenses related to a long-running odometer tampering and money laundering scheme, the Justice Department and the U.S. Attorney’s Office for the Eastern District of New York announced.

Chaim Gali aka Mike Gali and John Triculy, 40, of Queens Village, New York, and Shmuel Gali aka Sam Gali, 42, of Israel, are charged in a 15-count indictment in the Eastern District of Pennsylvania (EDPA) with conspiracy, securities fraud and false odometer statements.  The Galis are also charged in a related two-count indictment in the Eastern District of New York (EDNY) with mail and wire fraud conspiracy, and money laundering conspiracy.  If convicted of the charges in the EDPA indictment, the defendants face a statutory maximum of five years in prison on the conspiracy charge; a statutory maximum of 10 years in prison for each securities fraud charge and up to three years in prison for each false odometer statement charge.   If convicted of the charges in the EDNY indictment, they face a statutory maximum of 20 years in prison for each of the charges.

“Mileage is one of the most important factors in a consumer’s decision to purchase a used car,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “Misrepresenting the mileage on a used car fraudulently induces a consumer to pay more money for less value, and it hides necessary information that will affect how a consumer maintains and repairs that vehicle.”

The indictments allege that the Galis devised a scheme to defraud buyers of used motor vehicles by misrepresenting the mileage of approximately 690 vehicles they sold beginning as early as 2006 and through at least 2011.  The indictments charge that the Galis used fictitious dealer names to purchase high-mileage, used motor vehicles from a national vehicle leasing company.  The defendants are charged with conspiring to alter the odometers in these vehicles, which they purchased in Florida, Maryland, Missouri and elsewhere, to reflect false lower mileages.  The indictments allege that the Galis then fraudulently altered the motor vehicle titles to reflect the false lower mileages and as a result, the commonwealth of Pennsylvania issued motor vehicle titles reflecting the altered mileages.

The defendants subsequently sold the vehicles at wholesale automobile auctions in Pennsylvania and New Jersey using various dealerships, including Chase Auto Center and Conestoga City Autos.  At the auctions, the Galis provided the buyers with Pennsylvania vehicle titles bearing the false lower mileages.  The EDPA indictment alleges that in some instances, the title indicated mileage more than 100,000 miles less than the true mileage of the vehicle and as a result, the defendants received inflated sales prices for the vehicles they sold.

The defendants deposited the proceeds of the sales of the rolled-back vehicles into various bank accounts, mainly in Brooklyn.  Among other things, the defendants then used this money to purchase additional used vehicles and continue their fraud scheme.

“As alleged, the defendants created an elaborate odometer tampering and money laundering scheme to con would-be buyers into purchasing used cars at inflated prices,” said U.S. Attorney Loretta E. Lynch for the EDNY.  “They then used the proceeds of their crimes to continue their fraud against additional unsuspecting consumers.  This case demonstrates our commitment to protect consumers from fraud.”

Acting Assistant Attorney General Branda and U.S. Attorney Lynch commended the investigative efforts of the Internal Revenue Service-Criminal Investigation and the U.S. Department of Transportation National Highway Traffic Safety Administration’s (NHTSA) Office of Odometer Fraud Investigation.

Chaim Gali was arrested today in New York.  Shmuel Gali is in Israel and the government will seek his extradition.

The case is being prosecuted by Trial Attorney Kathryn Drenning and Senior Litigation Counsel Linda I. Marks of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Catherine M. Mirabile of the Eastern District of New York.    

NHTSA has established a special hotline to handle odometer fraud complaints.  Individuals who have information relating to odometer tampering should call (800) 424-9393 or (202) 366-4761.

An update on the status of the case is available on the Consumer Protection Branch’s website.  More information on odometer fraud is available on NHTSA’s website, and tips on detecting and avoiding odometer fraud are also available on the NHTSA website.

The charges in the indictments are merely allegations, and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty.

U.S. NAVY PHOTOS DURING OPERATION INHERENT RESOLVE

FROM:  U.S. DEFENSE DEPARTMENT 

An E-2C Hawkeye from the Carrier Airborne Early Warning Squadron 116 launches from the flight deck of the aircraft carrier USS Carl Vinson as the ship conducts flight operations in the U.S. 5th Fleet area of responsibility, Jan. 2, 2015. U.S. Navy photo by Petty Officer 2nd Class John Philip Wagner Jr.

U.S. Navy F/A-18E Super Hornets from the Strike Fighter Squadron 81 conduct a high speed fly-by of the aircraft carrier USS Carl Vinson as the ship conducts flight operations in the U.S. 5th Fleet area of responsibility, Jan. 2, 2015. U.S. Navy photo by Petty Officer 2nd Class John Philip Wagner Jr.

CARDIOLOGIST SUED FOR ALLEGEDLY MAKING UNNEEDED PERIPHERAL ARTERY INTERVENTIONS AND KICKBACKS

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, January 5, 2015Government Intervenes in Lawsuit Against Florida Cardiologist Alleging Unnecessary Peripheral Artery Interventions and Payment of Kickbacks

The government has intervened in two lawsuits against a Florida cardiologist, Dr. Asad Qamar, and his physician group, the Institute for Cardiovascular Excellence PLLC (ICE), alleging that Qamar and ICE billed Medicare for medically unnecessary peripheral artery interventions and paid kickbacks to patients by waiving Medicare copayments irrespective of financial hardship, the Justice Department announced today.

“Performing medically unnecessary procedures puts patients at risk and contributes to the soaring costs of health care,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “Today’s action evidences the Department of Justice’s efforts both to safeguard federal health care program beneficiaries and to protect public funds.”

The lawsuits allege that Qamar and ICE performed excessive and medically unnecessary peripheral artery interventional services and affiliated procedures on Medicare patients.  One of the lawsuits further alleges that Qamar induced patients to undergo those unnecessary procedures by routinely waiving the 20 percent Medicare copayment, regardless of the patients’ financial need.

“Physicians should make medical decisions on the basis of their patients’ needs,” said U.S. Attorney A. Lee Bentley III for the Middle District of Florida.  “Performing medically unnecessary procedures solely to line a physician’s pockets strains our nation’s health care system, and can also jeopardize the health and safety of patients.  Fighting Medicare and other health care fraud is one of our office’s most important priorities.”

The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they discover evidence that defendants have submitted false claims for government funds and to receive a share of any recovery.  The False Claims Act also permits the government to intervene in such lawsuits, as it has done in these cases.  The cases are captioned United States ex rel. Doe v. Institute of Cardiovasular Excellence, PLLC, ICE Holdings, PLLC, Dr. Asad Qamar, & Dr. Humera Qamar, Case No. 5:11-CV-406-OC-KRS (M.D. Fla.) and United States ex rel. Taylor & the State of Florida v. Institute of Cardiovascular Excellence & Dr. Asad Qamar, Case No. 8:14-CV-1454-T-35-EAS (M.D. Fla.)

“Physicians who try to enrich themselves and their practices by performing medically unnecessary, invasive procedures can cause patients very serious health issues, waste millions in taxpayer dollars each year, and undercut the public’s trust in the medical profession,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG).  “We will continue to work with our law enforcement partners to protect beneficiaries and hold health care providers accountable for such outrageous fraud schemes.”

This matter illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $23.3 billion through False Claims Act cases, with more than $14.9 billion of that amount recovered in cases involving fraud against federal health care programs.

The investigation was conducted by HHS-OIG, the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Middle District of Florida.  The claims asserted by the government are allegations only and there has been no determination of liability.

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