Monday, August 19, 2013

U.S. SENDS BEST WISHES TO PEOPLE ON AFGHANISTAN ON THEIR INDEPENDENCE DAY

FROM:  U.S. STATE DEPARTMENT 
Afghanistan's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
August 18, 2013

On behalf of President Obama and the people of the United States, I send best wishes to the government and people of Afghanistan as you celebrate your Independence Day on August 19.

I have been to Afghanistan many times and seen firsthand the enduring partnership between our countries, which is founded on mutual respect and common interests. I have seen the people of Afghanistan work to build a peaceful, prosperous and unified nation that respects the rights of women and minorities in every fabric of society. The United States is committed to working with you and supporting the efforts necessary to achieve this goal and sustaining the gains that have been made.

There has been inspiring progress across Afghanistan in many sectors, including health care, media, education, women’s rights, trade and commerce. During the past year alone, the Afghan people have also taken significant steps to prepare for the coming security and political transitions, from the milestone event on June 18 that marked Afghan forces taking the lead for security across the country to the new electoral laws that set the stage for the coming 2014 elections. At the same time, Afghans continue to build their economy by working toward WTO accession, attracting private sector investment and developing their natural resources.

This progress is creating a better life for all Afghans. As you celebrate your independence, the United States shares your commitment to a strong and sovereign Afghanistan where Afghans enjoy security, peace, prosperity, and dignity for generations to come.

TWO SENTENCED TO PRISON IN ASBESTOS VIOLATIONS CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, August 14, 2013
Two Idaho Men Sentenced to Prison for Asbestos Violations

Waterline Renovation Project Led to $3,980,000 Cleanup
Bradley Eberhart, 51, of Garden Valley, Idaho, and Douglas Greiner, 53, of Eagle, Idaho, were sentenced this week in federal court for violating the asbestos work practice standards of the Clean Air Act, announced Robert G. Dreher, Acting Assistant Attorney General for Environment and Natural Resources Division, and Wendy J. Olson, U.S. Attorney for the District of Idaho.

U.S. District Judge Edward J. Lodge sentenced Eberhart on Monday to six months in prison plus six months of home confinement, followed by six months of supervised release, 200 hours of community service, and restitution of $3.98 million, in joint and several liability.  Greiner was also sentenced to six months in prison and six months of home confinement, to be followed by six months of supervised release.  The amount of restitution by Greiner will be the subject of further briefing by the parties.

Both defendants previously pleaded guilty on Feb. 26, 2013.

Boise-based Owyhee Construction Inc., was the successful bidder on a $2.1 million waterline renovation project in Orofino, Idaho, a rural community in north central Idaho.  Greiner was the project superintendent and Eberhart was the onsite supervisor of the project.  The contract documents warned Owyhee Construction that the company may encounter up to 5,000 linear feet of cement asbestos pipe (CAP) during the renovation.  CAP is a non-friable form of asbestos that is encapsulated in a cement matrix.  When the CAP is broken or crushed by heavy equipment or subjected to cutting and grinding by machinery it becomes subject to regulation because of the threat to public health from airborne fibers.

Eberhart and Greiner failed to properly supervise the renovation.  Eberhart supervised employees who were not properly trained in asbestos work and were not properly outfitted with protective gear while cutting CAP with saws.  While working in the trenches to replace pipe, workers would remove CAP from the trenches, crush it and then place it back in the trenches.  Large quantities of CAP were also removed from the trenches and ended up as fill material on sixteen properties around Orofino.  Greiner pleaded guilty to orchestrating one of the disposals.  The EPA cleanup cost just under $4 million.

“These prison sentences reflect the serious consequences of the failure of these defendants to comply with EPA’s regulations that protect public health from asbestos, a human carcinogen,” said Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division.  “Such criminal acts endanger workers and the community and can, as demonstrated here, cost the federal government millions of dollars to cleanup.  The Justice Department will continue to vigorously prosecute these crimes.”

“This case demonstrates the commitment of law enforcement and the Department of Justice to ensure the health of our residents,” said U.S. Attorney Olson.  “Threats to the environment and to public health may not be readily apparent from a construction project.  Renovation projects like these often generate dust with fine asbestos particles that may have the potential to cause serious health and environmental problems if safety precautions are not taken.  The full extent of injury from airborne asbestos may not be noticed or diagnosed for years.  It is important that companies, their foremen and their operators comply with environmental laws to avoid serious harm.”

“These two Defendants carelessly subjected Orofino residents to asbestos exposure,” said Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division in Seattle.  “In the course of their enterprise, they also created sixteen separate asbestos disposal sites that threatened the community, jeopardized workers and cost taxpayers $4 million to cleanup.  Today’s sentence sends a clear message: if you risk people’s lives to save time and money, you will pay the price.”

The case was investigated by the U.S. Environmental Protection Agency.  The case was prosecuted by Assistant U.S. Attorney D. Marc Haws from the District of Idaho and Senior Trial Attorney J. Ronald Sutcliffe of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

MAN INDICTED IN CONNECTION WITH JAMAICAN LOTTERY FRAUD

FROM:  U.S. DEPARTMENT OF JUSTICE 
Wednesday, August 14, 2013

Individual Arrested in Florida in Connection with a Lottery Scam in Jamaica
A Jamaican citizen charged in connection with the operation of a fraudulent lottery was arrested Tuesday in Orlando, Fla., following his indictment by a federal grand jury in Fort Lauderdale, Fla., on Aug. 9, 2012, the Justice Department, U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Marshals Service announced today.  Oneike Mickhale Barnett was arrested based on charges that he and his co-conspirators ran a lottery scam in Jamaica that fraudulently induced elderly victims in the United States to send them thousands of dollars to cover fees for lottery winnings that victims had not in fact won.  The indictment unsealed with Barnett’s arrest forms part of the government’s crackdown on fraudulent lottery scams based in Jamaica.

Beginning in October 2008, Barnett and his co-conspirators are alleged to have contacted victims in the U.S., announced that the victims had won cash and prizes and persuaded the victims to send them thousands of dollars in fees to release the money.  The victims never received cash or prizes.  The defendant and his co-conspirators allegedly made calls from Jamaica using Voice Over Internet Protocol technology that allowed them to use a telephone number with a U.S. area code.  According to the indictment, Barnett convinced victims to send money to middlemen in South Florida, who forwarded the money to Jamaica.

“Lottery scams that target older Americans, such as the one alleged here, are the most pernicious kind of fraud – often swindling seniors out of their life savings,” said Stuart F. Delery, Assistant Attorney General for the Justice Department’s Civil Division.  “The Justice Department will continue to combat these schemes and bring those responsible to justice.”

 “The alleged lottery scheme in this case is most vile because it targeted the elderly, one of the most vulnerable members in our society,” said Wifredo Ferrer, U.S. Attorney for the Southern District of Florida.  “While the scam was based in Jamaica, it targeted victims in the United States, including South Florida.  We will continue to pursue and prosecute those responsible for these illegal schemes in an effort to bring those responsible to justice and protect those in our society.”

Barnett was charged with conspiracy and 37 counts of wire fraud, and with committing these offenses via telemarketing.  If convicted, he faces a statutory maximum sentence of 30 years per count, a possible fine and mandatory restitution.
         
 “This arrest highlights the joint effort between U.S. and Jamaican law enforcement to prosecute those who prey on our nation’s senior citizens,” said U.S. Postal Inspector in Charge for the Miami Division Ronald Verrochio.  “The mission of the Postal Inspection Service is to protect consumers by ensuring the nation’s mail system is not used as a tool for fraud.”

Special Agent in Charge for Homeland Security Investigations in Miami Alysa D. Erichs added, “These individuals are preying on some of the most vulnerable members in our communities.  We will continue to work with our partners in Jamaica and other law enforcement agencies to put these criminal enterprises out of business.”

Acting U.S. Marshal Neil DeSousa said, “The U.S. Marshals Service in the Southern District of Florida, along with the Jamaica Foreign Field Office and the Organized Crime Drug Enforcement Task Force, remain committed to locating and apprehending criminals who defraud elderly Americans.  We will continue to work with the U.S. Postal Inspection Service and Department of Homeland Security on the JOLT task force in the ongoing effort to combat lottery fraud targeting some of our most vulnerable citizens.”

U.S. Attorney Ferrer and Assistant Attorney General Delery both commended the investigative efforts of the U.S. Postal Inspection Service, Homeland Security Investigations, the U.S. Marshals Service and Jamaica’s Major Organized Crime and Anti-Corruption Task Force.  The case is being prosecuted by Assistant U.S. Attorney Bertha Mitrani and Consumer Protection Branch, Civil Division attorneys Jeffrey Steger and Kathryn Drenning.

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

DOJ SETTLES FAIR HOUSING LAWSUIT WITH HOMEOWNERS ASSOCIATION

FROM:  U.S. DEPARTMENT OF JUSTICE 
Tuesday, August 13, 2013
Justice Department Reaches Settlement with Homeowners Association and Property Management Company in Fair Housing Lawsuit Involving Occupancy Limits

The Justice Department announced today that the Townhomes of Kings Lake HOA Inc. (HOA) and Vanguard Management Group Inc. have agreed to pay $150,000 to settle a lawsuit alleging violations of the Fair Housing Act (FHA).  The lawsuit alleged that the HOA adopted and both defendants enforced occupancy limits that discriminated against families with children at the Townhomes of Kings Lake, a 249-townhome community in Gibsonton, Fla.

Under the proposed consent decree, which must still be approved by the U.S. District Court for the Middle District of Florida, the defendants will pay $45,000 to the family that initiated the original complaint filed with the U.S. Department of Housing and Urban Development (HUD), $85,000 into a victim fund to compensate other aggrieved families, and $20,000 to the United States as a civil penalty.  In addition, the proposed consent decree prohibits the defendants from discriminating in the future against families with children and requires the defendants to receive training on the requirements of the FHA.  In January 2013, while the lawsuit was pending, the HOA modified its occupancy limits to permit four occupants in 2-bedroom townhomes, six occupants in 3-bedroom townhomes, and eight occupants in 4-bedroom townhomes.

“The Fair Housing Act ensures that families with children are not denied their housing rights based on discriminatory occupancy policies,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “The Justice Department will continue to vigorously enforce fair housing laws that protect the rights of families with children.”

The lawsuit, filed in October 2012, arose from a complaint filed with HUD by a family with six children that was living at the Townhomes of Kings Lake.  After the family moved into their 4-bedroom townhome, the defendants indicated there was a problem with the number of people living in the home and threatened to evict the family.  The family eventually moved out of the Kings Lake community.  After HUD investigated the complaint, it issued a charge of discrimination and referred the matter to the Justice Department.  The lawsuit alleged that the defendants violated the family’s rights, that the restrictive occupancy policies discriminated against other families with children, and that the defendants engaged in a pattern or practice of discrimination or denied rights protected by the FHA to a group of persons.

“Twenty-plus years of HUD guidance and cases have put housing providers on notice that occupancy standards which unfairly limit or exclude families with children violate the Fair Housing Act,” said Bryan Greene, HUD’s Acting Assistant Secretary for Fair Housing and Equal Opportunity. “HUD and the Department of Justice are committed to making sure that all people have equal access to the housing for which they financially qualify.”

THERAPEUTIC MEDICINES AND TECHNOLOGY

FROM:  NATIONAL SCIENCE FOUNDATION 
From fundamental science to Innovation Corps: Technology to develop new therapeutic medicines

In medical diagnostics, clinicians often use positron emission technology (PET), a nuclear medicine imaging technology that sends an active molecule containing a radioactive tag--almost like a GPS system--that is designed to hone in on specific parts of the body.

These molecules are specific to certain conditions. For example, abnormally growing tissue will take up large amounts of glucose, so PET scans often use a glucose analog with a radioactive tag to pinpoint a suspected tumor.

Until recently, however, compounds that are known biomarkers for certain diseases had been very difficult to label with radioactive tags, limiting their value for detecting these diseases, for example, L-DOPA, which is taken up by the brain. "Because the technology to put the isotope on the molecule efficiently did not exist, we just couldn't use these compounds," says Stephen DiMagno, professor of chemistry at the University of Nebraska-Lincoln.

But DiMagno and his research team have found a way to add radioactive tags to L-DOPA, and dopamine, an advance that increases the potential for speeding up the diagnosis of certain pediatric cancers, cardiac disease, and such neurological disorders as Alzheimer's and Parkinson's diseases. Moreover, "it opens the way to make new compounds as well as 'label' those compounds that had been difficult to label," DiMagno says.

These compounds, with their radioactive tracers, are 6-[18F]-Fluorodopamine (6-[18F], a promising imaging biomarker of neuroblastoma, a serious and often fatal childhood cancer, and pheochromocytoma, a rare tumor of the adrenal gland, and 6-[18F]-L-DOPA, which has potential as a biomarker in patients with Parkinson's disease.

DiMagno and his colleagues, using a specific chemical reaction, developed a process that modifies L-DOPA in a way that allows the radioactive tag to be more easily attached. "The actual reaction we used has been known for a long time, but it was difficult to use effectively because there were fundamental things about the chemistry we did not understand," he says. "It took three or four years, but we fixed the problems that prevented them from being used."

The scientists make "precursor" molecules, that is, the compounds that ultimately will become imaging agents, that are designed to combine rapidly and efficiently with [18F]-fluoride, in a sterile glass reactor, according to DiMagno.

"After heating the mixture under a special set of conditions, the [18F]-fluoride displaces an ancillary portion of the precursor, yielding the fluorinated compound," he says. "Then we quickly purify the compound for use in imaging studies."

DiMagno's lab had long focused on the process of putting fluorine into molecules, but a sabbatical he took seven years ago, when he had time to reflect more deeply about his science, convinced him to work on this particular project.

"I got into science because I wanted to have an impact," he says. "I was doing fundamental work, but I wanted to do more to make a difference in the world. So when I came back, we took an inventory on the possible ways this problem could be solved, to figure out these chemical reactions and the routes for putting the label onto these drugs."

In the fall of 2011, DiMagno was among the first group of scientists to receive a $50,000 National Science Foundation Innovation Corps (I-Corps) award, which supports a set of activities and programs that prepare scientists and engineers to extend their focus beyond the laboratory into the commercial world.

Such results may be translated through I-Corps into technologies with near-term benefits for the economy and society. It is a public-private partnership program that teaches grantees to identify valuable product opportunities that can emerge from academic research, and offers entrepreneurship training to student participants.

Last February, DiMagno co-founded Ground Fluor Pharmaceuticals, a company that now manufactures the precursor molecules, those materials destined to be tagged with radioactive isotopes. The company also has received an NSF $180,000 Small Business Innovative Research (SBIR) award.

"This new chemistry can be used to increase the efficiency and reduce production costs per dose for many existing PET agents," he says. "We believe this technology can also be used to make new PET agents that will assist drug companies in their efforts to develop new therapeutic drugs."

DiMagno worked with his former doctoral student Kiel Neumann, now an employee of the new company, who helped establish a collaboration with St. Jude Children's Research Hospital, an internationally recognized pediatric treatment and research facility in Memphis. St. Jude's is interested in using radiotracers prepared through this technology to image pediatric cancers.

Interestingly, the research initially grew from an NSF basic science grant of $420,000, awarded in July 2007, that focused on the behavior of salts in liquids such as gasoline.

"That's where the chemistry came from, even though it seems like a pretty far cry from what we are doing now," DiMagno says. "But it's not. It was a logical extension of a basic science proposal."

The researchers formed the new company "to allow physicians to image patients with cancer and diseases such as Alzheimer's better than they could before," he says, adding that he now feels he is making the impact he sought. "I look forward to the day when I can shake some parents' hands because I played role in saving their child's life," he says.

-- Marlene Cimons, National Science Foundation

Sunday, August 18, 2013

DOJ FILES LAWSUIT TO ENFORCE EMPLOYMENT RIGHTS OF MILITARY RESERVE MEMBER

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, August 14, 2013
Justice Department Files Lawsuit in Delaware Against Regal Contractors LLC Et Al., to Enforce the Employment Rights of Air Force Reserve Member

The Justice Department and U.S. Attorney for the District of Delaware Charles M. Oberly III announced today the filing of a lawsuit alleging that Regal Contractors LLC, Regal Builders LLC and Noble Pond Homes willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating U.S. Air Force Reserve Member Lon Fluman following his return from required military training with his reserve unit.

Fluman is a Senior Airman with the U.S. Air Force Reserve serving with the 712th Aircraft Maintenance Squadron at Dover Air Force Base.   According to the complaint, filed in the U.S. District Court for Delaware, Fluman was scheduled for reserve military duty to begin on Sept. 3, 2012 but was rescheduled on short notice to start one day later.    Subsequently, Fluman served weekend reserve duty in early December of 2012.  Following his second duty, the defendants terminated Fluman from his position as a maintenance technician.   Although Fluman satisfied USERRA’s notification requirements before departing for his military leaves, according to the complaint,  the defendants terminated Fluman anyway, claiming the notice provided was not sufficient.

USERRA explicitly protects the rights of members of the uniformed services to retain their employment following absences due to military service obligations. “Congress enacted USERRA to protect our men and women in uniform from experiencing this kind of injustice,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to vigorously enforcing federal laws that protect the employment rights of our servicemembers.”

“Members of the Air Force Reserve sacrifice time away from their jobs to serve their country,” said U.S. Attorney Oberly.   “USERRA ensures that they are not discriminated against and that their employment rights are protected.”

This case stems from a referral by the U.S. Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service.   The case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the District of Delaware, who work collaboratively with the Department of Labor to protect the jobs and benefits of National Guard and Reserve servicemembers upon their return to civilian life.

Hyperbaric Oxygen Therapy: Don't Be Misled

Hyperbaric Oxygen Therapy: Don't Be Misled

FORMER LIQUOR STORE OWNER PLEADS GUILTY TO SELLING CUTTING AGENTS TO DRUG DEALERS

FROM:  DEPARTMENT OF JUSTICE 
Tuesday, August 13, 2013
Former Owner of Liquor Store Pleads Guilty to Tax Crime and Selling Cutting Agents to Local Drug Dealers

Southfield, Mich., resident Bashar Saroki pleaded guilty to filing a false tax return and selling drug paraphernalia, the Justice Department and the Internal Revenue Service (IRS) announced today.

According to court documents, Saroki controlled and operated Golden Star Party Store, a liquor store that was located in Detroit.  From 2007 through 2011, Saroki sold more than $1 million worth of a variety of cutting agents to local narcotics dealers out of Golden Star Party Store and from his residence.  The cutting agents were substances used by narcotics dealers to dilute the potency and increase the quantity of the narcotics sold to customers.  Despite the significant proceeds from the sale of cutting agents, Saroki reported very little income on his false tax return for 2009.    

Saroki faces a maximum sentence of three years in prison, one year of supervised release and a $250,000 fine on each count.  U.S. District Judge Robert H. Cleland set sentencing for Dec. 17, 2013.

Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division, commended the efforts of special agents of IRS-Criminal Investigation, who investigated this case, and Tax Division Trial Attorneys Kenneth C. Vert and Yael T. Epstein, who prosecuted the case.

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