Thursday, August 22, 2013

JUSTICE AND ENGINEERING FIRM SETTLE ACCESSIBILITY LAWSUIT

FROM:  U.S. DEPARTMENT OF JUSTICE 
Tuesday, August 20, 2013
Justice Department Settles Fair Housing Lawsuit with Multi/Tech Engineering Services Inc.

The Justice Department announced that Multi/Tech Engineering Services Inc., an engineering firm based in Salem, Ore., has agreed to pay more than $60,000 to settle a lawsuit alleging that it had violated the Fair Housing Act by designing Gateway Village Apartments with steps and other features that made it inaccessible to people with disabilities.

“Steps, narrow doors and other accessibility barriers prevent people with disabilities from exercising the same rights to obtain housing of their choice that other people enjoy” said Acting Assistant General for the Civil Rights Division Jocelyn Samuels.  “We will hold builders and designers accountable and those who fail to follow the law will face enforcement action.”  

This settlement will assist in compensating victims of discrimination and in removing accessibility barriers at Gateway Village, a 275 unit apartment complex in Salem.  In May 2013, the Justice Department and the Fair Housing Council of Oregon (FHCO) also reached a settlement with the developers of the property to resolve the rest of the lawsuit, filed in September 2011.  The settlement must still be approved by the court.

Under the terms of the parties’ agreement, Multi/Tech will pay $32,000 to a settlement fund to compensate individuals with disabilities who were impacted by the accessibility violations.  Multi/Tech will also contribute $21,000 to the corrective actions already being undertaken by the developer according to the prior settlement agreement to make Gateway Village accessible to people with disabilities.  These corrective actions include removing steps from sidewalks, widening interior doorways, reducing threshold heights, replacing excessively sloped portions of sidewalks and installing properly sloped curb ramps to allow people with disabilities to access the sidewalks from the parking areas.  In addition, Multi/Tech will pay $7,902.70 in damages to the FHCO, the plaintiff-intervenor, whose investigation revealed the accessibility violations.    

“The right to accessible housing is a fundamental protection afforded by law,” said U.S. Attorney for the District of Oregon Amanda Marshall. “I am committed to working with the Fair Housing Council of Oregon, and our federal, state and local partners to ensure that those who design and construct housing units make them accessible to people with disabilities in compliance with the Fair Housing Act.”

The lawsuit arose as a result of a complaint filed by FHCO with the U.S. Department of Housing and Urban Development (HUD).  After HUD investigated the complaint, it issued a charge of discrimination and referred the matter to the Justice Department.

“For more than two decades the law has required that newly-built multifamily housing provide equal access to people with disabilities,” said Bryan Greene, HUD’s Acting Assistant Secretary for Fair Housing and Equal Opportunity. “Throughout that time, HUD and the Department of Justice have educated builders, design professionals and others on those requirements, most recently through guidance issued this past April.  Where those efforts fail, our agencies will gain compliance through enforcement of the law."

 Individuals who are entitled to share in the settlement fund will be identified through a process established in the settlement. Those who believe they were subjected to unlawful discrimination at Gateway Village, either when they lived there or when they considered living there, should contact the Justice Department toll-free at 1-800-896-7743 mailbox # 9993, or e-mail the Justice Department at fairhousing@usdoj.gov .

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.  Among other things, the Fair Housing Act requires that newly constructed multifamily housing with four or more units contain certain accessibility features so that the housing is accessible to and usable by people with disabilities.


READOUT OF DEFENSE SECRETARY HAGEL'S MEETING WITH DENMARK'S MINISTER OF DEFENSE

FROM:  U.S. DEPARTMENT OF DEFENSE 
Readout of Secretary Hagel's Meeting With Denmark's Minister of Defence Nicolai Wammen

           Pentagon Press Secretary George Little provided the following readout:


           "Secretary of Defense Chuck Hagel and Danish Minister of Defence Nicolai Wammen met Wednesday at the Pentagon, reaffirming the two countries' strong defense relationship based upon shared approaches to defense and security issues, and pledging to continue to deepen military cooperation.


           "The two leaders highlighted the long friendship between the two nations' armed forces, as well as present-day cooperation in North Atlantic Treaty Organization (NATO)-led operations in Afghanistan, off the Horn of Africa, and cyber defense.  Secretary Hagel and Minister Wammen also discussed the ongoing violence in Syria and the situation in Egypt.


           "The leaders also discussed the developments in Afghanistan's national security forces' capability to address the country's own security challenges and the role of NATO post-2014.  Hagel and Wammen underscored their belief that the United States and Denmark should work to maintain and increase interoperability and implement lessons learned from operations in Afghanistan.  They both agreed on the importance of exploring new approaches to bilateral and multinational cooperation for the benefit of both nations and of NATO as a whole.


           "Hagel and Wammen discussed exchanging lessons learned in defense materiel and logistics.  They also discussed opportunities to cooperate on veterans' initiatives.  Hagel and Wammen agreed on the inauguration of annual policy-level staff discussions that would develop plans for cooperation in more detail.


           "Secretary Hagel expressed appreciation for Denmark's close partnership, and Minister Wammen invited Secretary Hagel to visit Denmark at his earliest convenience."

HHS STATEMENT ON GOOD HEALTH FOR THOSE OVER 65

FROM:  U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 
Long healthy life?
From the U.S. Department of Health and Human Services, I’m Ira Dreyfuss with HHS HealthBeat.

A study indicates that how many of your remaining years will be healthy as a senior citizen varies according to who you are and where you live.

Researchers at the Centers for Disease Control and Prevention looked at national health data on the number of years after age 65 that people had good health. The CDC’s Man-Huei Chang:

“Across all of the states, healthy life expectancy was about 14 years, on the average.”

Mississippians averaged the fewest healthy years after they turned 65, and Hawaiians averaged the most. State by state, men consistently averaged fewer years than women. Blacks fairly consistently had fewer healthy years than whites.

Healthy living habits, such as not smoking, reduce the odds that people die early.

The study was in CDC’s Morbidity and Mortality Weekly Report.

Learn more at healthfinder.gov.

HHS HealthBeat is a production of the U.S. Department of Health and Human Services. I’m Ira Dreyfuss.

DEFENSE SECRETARY HAGEL AND DANISH DEFENSE MINISTER WAMMEN MEET AT PENTAGON

FROM:  U.S. DEFENSE DEPARTMENT 
Hagel, Danish Defense Minister Discuss Continued Cooperation
American Forces Press Service

WASHINGTON, Aug. 21, 2013 - Defense Secretary Chuck Hagel and Danish Defense Minister Nicolai Wammen met today at the Pentagon, reaffirming the two countries' strong defense relationship based upon shared approaches to defense and security issues, and pledging to continue to deepen military cooperation, Pentagon Press Secretary George Little said.

"The two leaders highlighted the long friendship between the two nations' armed forces, as well as present-day cooperation in North Atlantic Treaty Organization-led operations in Afghanistan, off the Horn of Africa, and cyber defense," Little said in a statement summarizing the meeting.

"Secretary Hagel and Minister Wammen also discussed the ongoing violence in Syria and the situation in Egypt," Little added.

The two defense leaders also discussed the developments in the capability of Afghanistan's national security forces to address the country's own security challenges and the role of NATO in Afghanistan after the alliance's current mission ends there at the end of 2014, Little said.

Hagel and Wammen underscored their belief that the United States and Denmark should work to maintain and increase interoperability and implement lessons learned from operations in Afghanistan, the press secretary said.

"They both agreed on the importance of exploring new approaches to bilateral and multinational cooperation for the benefit of both nations and of NATO as a whole," he added.

In addition, they discussed exchanging lessons learned in defense materiel and logistics and opportunities to cooperate on veterans' initiatives, Little said. They also agreed on the inauguration of annual policy-level staff discussions that would develop plans for cooperation in more detail.

"Secretary Hagel expressed appreciation for Denmark's close partnership, and Minister Wammen invited Secretary Hagel to visit Denmark at his earliest convenience," Little said.

SEC ANNOUNCES SETTLEMENT WITH HARBINGER CAPITAL PARTNERS

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

The Securities and Exchange Commission today announced that New York-based hedge fund adviser Philip A. Falcone and his advisory firm Harbinger Capital Partners have agreed to a settlement in which they must pay more than $18 million and admit wrongdoing.  Falcone also agreed to be barred from the securities industry for at least five years.

The SEC filed enforcement actions in June 2012 alleging that Falcone improperly used $113 million in fund assets to pay his personal taxes, secretly favored certain customer redemption requests at the expense of other investors, and conducted an improper “short squeeze” in bonds issued by a Canadian manufacturing company.  In the settlement papers filed in court today, Falcone and Harbinger admit to multiple acts of misconduct that harmed investors and interfered with the normal functioning of the securities markets.

“Falcone and Harbinger engaged in serious misconduct that harmed investors, and their admissions leave no doubt that they violated the federal securities laws,” said Andrew Ceresney, Co-Director of the SEC’s Division of Enforcement.  “Falcone must now pay a heavy price for his misconduct by surrendering millions of dollars and being barred from the hedge fund industry.”

The settlement, which must be approved by the U.S. District Court for the Southern District of New York, requires Falcone to pay $6,507,574 in disgorgement, $1,013,140 in prejudgment interest, and a $4 million penalty.  The Harbinger entities are required to pay a $6.5 million penalty.  Falcone has consented to the entry of a judgment barring him from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization with a right to reapply after five years.  The bar will allow him to assist with the liquidation of his hedge funds under the supervision of an independent monitor.

Among the set of facts that Falcone and Harbinger admitted to in settlement papers filed with the court:

Falcone improperly borrowed $113.2 million from the Harbinger Capital Partners Special Situations Fund (SSF) at an interest rate less than SSF was paying to borrow money, to pay his personal tax obligation, at a time when Falcone had barred other SSF investors from making redemptions, and did not disclose the loan to investors for approximately five months.

Falcone and Harbinger granted favorable redemption and liquidity terms to certain large investors in HCP Fund I, and did not disclose certain of these arrangements to the fund’s board of directors and the other fund investors.

During the summer of 2006, Falcone heard rumors that a Financial Services Firm was shorting the bonds of the Canadian manufacturer, and encouraging its customers to do the same.

In September and October 2006, Falcone retaliated against the Financial Services Firm for shorting the bonds by causing the Harbinger funds to purchase all of the remaining outstanding bonds in the open market.

Falcone and the other Defendants then demanded that the Financial Services Firm settle its outstanding transactions in the bonds and deliver the bonds that it owed.  Defendants did not disclose at the time that it would be virtually impossible for the Financial Services Firm to acquire any bonds to deliver, as nearly the entire supply was locked up in the Harbinger funds’ custodial account and the Harbinger funds were not offering them for sale.

Due to Falcone’s and the other Defendants’ improper interference with the normal interplay of supply and demand in the bonds, the bonds more than doubled in price during this period.

The SEC’s investigation was conducted by Conway T. Dodge, Jr., Robert C. Besse, Ken C. Joseph, Mark Salzberg, Brian Fitzpatrick, and David Stoelting.  The SEC’s litigation was handled by Mr. Stoelting, Mr. Besse, Mr. Salzberg, Kevin McGrath, David J. Gottesman, and Bridget Fitzpatrick.

READOUT OF SECRETARY HAGEL'S MEETING WITH GEORGIA'S MINISTER OF DEFENSE ALASANIA

FROM:  U.S. STATE DEPARTMENT 
Readout of Secretary Hagel's Meeting With Georgia's Minister of Defense Irakli Alasania

           Pentagon Press Secretary George Little provided the following readout:

           "Secretary of Defense Chuck Hagel and Georgian Minister of Defense Irakli Alasania met today at the Pentagon.

           "Secretary Hagel acknowledged Georgia's continuing contribution to International Security Assistance Force, and thanked Minister Alasania for the sacrifices Georgia's soldiers and their families are making.

           "Secretary Hagel praised Georgia's efforts to enhance civilian oversight of the armed forces, as these actions are a strong example of democratic progress through defense reform.

           "Secretary Hagel expressed United States support for Georgia's Euro-Atlantic integration efforts, and highlighted its holding fair elections and continuing to consolidate democratic gains as effective measures to advance those efforts.

"The two leaders agreed to continue to broaden United States-Georgian defense cooperation."

TEENS AND SMOKELESS TOBACCO

FROM:  DEPARTMENT OF HEALTH AND HUMAN SERVICES

From the U.S. Department of Health and Human Services, I’m Ira Dreyfuss with HHS HealthBeat.

It’s bad for a teen to smoke, but smokeless is no good, either. Smokeless tobacco – things like dip, snuff and dissolvable – are also cancer-causers. And a study indicates about 1 in 20 middle school or high school students use smokeless. Researchers at the Harvard School of Public Health saw that in national survey data.

The scientists also saw the power of peer pressure. Researcher Constantine Vardavas:

“Adolescents who had a friend that used smokeless tobacco were 10 times more likely to use smokeless tobacco themselves.”

For comparison, teens with a family member who used smokeless were only 3 times more likely to use it.

Nearly all of the smokeless users reported it’s easy to get the stuff.

The study in the journal Pediatrics was supported by the National Institutes of Health.

Learn more at healthfinder.gov.

HHS HealthBeat is a production of the U.S. Department of Health and Human Services. I’m Ira Dreyfuss.

Last revised: August 19, 2013

THE GREEN ICE SHEET MELT AND THE RAMIFICATIONS

FROM:  LOS ALAMOS NATIONAL LABORATORIES
Meltwater from Greenland’s ice sheet less severe for sea level rise than earlier feared, scientists say

LOS ALAMOS, N.M., August 19, 2013—The effects of increased melting on the future motion of and sea-level contribution from Greenland’s massive ice sheet are not quite as dire as previously thought, according to a new study from an international team of researchers.

In a paper published this month in Proceedings of the National Academy of Sciences (PNAS), the team found that accelerating ice sheet movement from increasing meltwater lubrication is likely to have only a minor role in future sea-level rise, when compared with other factors like increased iceberg production and surface melting. Greenland’s ice sheet is the world’s second largest body of ice. A melt event impacting 97 percent of this ice sheet surface was detected in 2012.

“Scientists have been looking into this mechanism for about a decade now, as a means by which the Greenland ice sheet might decay faster than expected, therefore contributing more to future sea-level rise than when considering the increases in melting alone,” said co-author Stephen Price of the Los Alamos National Laboratory Climate Ocean and Sea Ice Modeling Project team.

The study used new models to test the hypothesis that, as the climate warms and melting of Greenland’s surface increases, so will the availability of meltwater, which lubricates the base of the ice sheet and causes glaciers to slide faster towards the sea.

“This study walks us back from those fears a bit, and argues that we have a better handle—relative to 5-10 years ago—on how much sea-level rise we can expect from Greenland during the next few centuries,” said Price.

While this study marks progress in understanding, it does not suggest that future sea-level impact from Greenland is of no concern; this and other recent studies estimate ~6 cm of sea-level rise from melting and an additional ~4-9 cm from potential interactions with warming oceans, for a total of ~10-15 cm of sea-level rise from Greenland by 2100.

In the current study, observations from fieldwork in Greenland were used to derive empirical models for the relationship between increased melting and increased ice speed. These were then incorporated into computer models of ice sheet flow, which revealed that by the year 2200 meltwater lubrication could add a maximum of 8 mm to sea-level rise—less than 5 percent of the projected total contribution from increased melting alone.

“The outstanding capabilities of Los Alamos and our partner national laboratories are critical to this new level of understanding,” said Alan Bishop, Principal Associate Director for Science, Technology and Engineering at Los Alamos.

Lead author Sarah Shannon, from the University of Bristol, said: “This is an important step forward in our understanding of the factors that control sea-level rise from the Greenland ice sheet. Our results show that meltwater-enhanced lubrication will have a minor contribution to future sea-level rise. Future mass loss will be governed by changes in surface meltwater runoff or iceberg calving.”

The U.S. computer modeling teams from Los Alamos, Sandia and Oak Ridge national laboratories conducted the experiments using DOE-developed ice sheet models on high-performance computers at Lawrence Berkeley and Oak Ridge national laboratories. Output from large-scale climate models was first used to predict future changes in surface melting as a result of climate warming. The ice sheet model experiments then quantified the importance of meltwater lubrication on mass loss from the ice sheet to the oceans, relative to the case of increased melting alone.

In fact, in some of the team’s simulations, meltwater’s lubricating effect had a negative impact on sea-level rise—in other words it could, in some cases, lead to a lowering of the sea-level rise that would come from increased melting alone. Previous studies on the effects of meltwater on ice speed generally assumed that increased meltwater always acts as a lubricant, speeding up ice flow. In this study the team allowed for the fact that, in some cases, increased meltwater can slow down the flow, in agreement with recent observations.

Regardless of whether more meltwater increased or decreased the speed of ice flow, the overall effect on sea level is small. While this study confirms that increased flow due to increased lubrication does move more ice from the interior of the ice sheet to the margins, it also confirms that some other process, such as increased iceberg calving or increased melting, is then required to move that build-up of ice from the margins to the ocean. In general, processes that might do this are slow.

The findings are part of research undertaken through the European-funded ice2sea program. This work was funded in part by the US Department of Energy’s Office of Science. Earlier research from the program has indicated that changes in surface melting of the ice sheet will be a major factor in sea-level rise contributions from Greenland. In 2007, the fourth Intergovernmental Panel on Climate Change (IPCC) report highlighted ice-sheets as the most significant remaining uncertainty in projections of sea-level rise.

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