Thursday, August 23, 2012
U.S. GOVERNMENT JOINS LAWSUIT AGAINST GALLUP FOR VIOLATION OF FALSE CLAIMS ACT
FROM: U.S. DEPARTMENT OF JUSTICEWednesday, August 22, 2012
US Government Joins False Claims Act Lawsuit Against the Gallup Organization
Suit Alleges Polling Firm Overcharged Government on Contracts
The United States has joined a whistleblower lawsuit against The Gallup Organization, the Justice Department announced today. The lawsuit was filed by Michael Lindley, a former Gallup employee, who alleges that Gallup violated the False Claims Act by making false claims for payment under contracts with the U.S. Mint, the State Department and other federal agencies to provide polling services for various government programs.
According to the whistleblower’s complaint, Gallup violated the False Claims Act by giving the government inflated estimates of the number of hours that it would take to perform its services, even though it had separate and lower internal estimates of the number of hours that would be required. The complaint further alleges that the government paid Gallup based on the inflated estimates, rather than Gallup’s lower internal estimates. The government intervened in the lawsuit with respect to Gallup’s contracts with the Mint and the State Department.
"Contractors must understand that it is unlawful to use inflated estimates to obtain higher contract prices," said Stuart F. Delery, Acting Assistant Attorney General for the Department’s Civil Division. "The decision to join this civil lawsuit underscores the commitment of the Department of Justice to recover federal funds that are unlawfully claimed."
The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, wh ich permit private parties to sue on behalf of the United States for submission of false claims to the government. The private plaintiffs are entitled to receive a share of any funds recovered through the lawsuit. The False Claims Act authorizes the United States to intervene in such a lawsuit and take over primary responsibility for litigating it. The False Claims Act allows for recovery of three times the government’s losses, plus civil penalties.
"Contractors who do business with the federal government must honor their obligations to provide honest services and products," said U.S. Attorney Ronald C. Machen Jr. "Working with relators and federal investigators, we will do all that we can to act against those who illegitimately bill the American taxpayers."
In its notice announcing intervention, the United States also indicated that it plans to assert additional claims related to Gallup’s subcontract with the Federal Emergency Management Agency (FEMA). These claims relate to allegations in the whistleblower lawsuit that Gallup negotiated for employment with a FEMA official who was responsible for Gallup’s subcontract while, at the same time, Gallup was seeking to obtain additional funding from FEMA for Gallup’s subcontract.
The lawsuit, which was filed in the District of Columbia, is captioned U.S. ex rel. Lindley v. The Gallup Organization, 09-cv-01985. The claims made in the complaint are only allegati ons and do not constitute a determination of liability.
COMPANY RECALLS ALL 2012 CANTALOUPES BECAUSE OF POSSIBLE SALMONELLA CONTAMINATION
Chamberlain Farm Produce, Inc. Recalls Cantaloupes Because Of Possible Health RiskFROM: U.S. FOOD AND DRUG ADMINISTRATION
FOR IMMEDIATE RELEASE - August 22, 2012 - Chamberlain Farm Produce, Inc., of Owensville, Indiana, is voluntarily recalling all of its cantaloupes from the 2012 growing season that may remain in the marketplace. This recall is occurring because of concern some cantaloupes may be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.
This voluntary recall follows a prior voluntary market withdrawal of all Chamberlain Farm Produce, Inc. cantaloupes that occurred August 16 and 17, 2012.
During the period June 21, 2012 to August 16, 2012, Chamberlain Farm Produce, Inc., marketed cantaloupes to four retail grocery stores with grocery store retail outlets in Vanderburgh, Warrick, Gibson, and Dubois County, Indiana, and Wabash County, Illinois; and also to four wholesale purchasers located in Owensboro, Kentucky, St. Louis, Missouri, Peru, Illinois, and Durant, Iowa, respectively. As a part of the voluntary market withdrawal, Chamberlain Farm Produce, Inc. notified all of the purchasers of its cantaloupes to take immediate action to remove all Chamberlain Farm Produce, Inc. cantaloupes from the marketplace, and all of the purchasers confirmed compliance with that request.
The CDC reports that for the period July 7, 2012, through August 22, 2012, there have been reports of some 178 persons nationwide who may have become sick in connection with consumption of cantaloupes. The FDA investigation is ongoing and incomplete at this time. After discussion with the FDA, Chamberlain Farm Produce, Inc., decided to conduct the recall as a precautionary measure.
Consumers should inquire about the source of cantaloupes before purchasing additional cantaloupes or using cantaloupes already purchased. To be absolutely certain, consumers should destroy any cantaloupes currently in their possession the origin of which cannot be identified.
SEC COMMISSIONER SPEAKS ON CONFLICT MINERAL SOURCING
FROM: U.S. SECURITIES AND EXCHANGE COMMISSIONRequiring Disclosure to Increase Transparency Regarding the Sourcing of Conflict Minerals
by Commissioner Luis A. Aguilar
U.S. Securities and Exchange Commission
SEC Open Meeting
Washington, D.C.
August 22, 2012
The Dodd-Frank Act requires that the Commission adopt rules to implement Section 1502 of the Act. Pursuant to this statutory mandate, these rules require companies covered by the rule to disclose whether certain minerals contained in their products – specifically, tin, tantalum, tungsten and gold, often referred to as "conflict minerals" – originated in the Democratic Republic of the Congo ("DRC") or an adjoining country.
The DRC is the largest country in sub-Saharan Africa, with a population of 74 million people and vast natural resources. The facts demonstrate that armed groups use force, violence and intimidation to exploit that country’s mineral wealth for revenue and power, particularly in the Eastern portion of the country. These armed groups are responsible for serious and widespread abuses of human rights, including murder, disappearances, torture, mutilation, rape and forced labor, as well as the recruitment and abduction of child soldiers. The United States government has determined that this humanitarian crisis profoundly affects our national interest.
To address these concerns, Section 1502 of the Dodd-Frank Act added Section 13(p) of the Exchange Act, which requires us to adopt the regulations we consider today.
Senator Richard J. Durbin of Illinois, a strong proponent of Section 1502, described the provision as follows:
Following the enactment of Dodd-Frank, the Commission began a rulemaking process characterized by extensive public outreach, thoughtful deliberation, and rigorous economic analysis. The Commission received a number of comment letters from corporations, industry and professional associations, human rights and public policy groups, institutional investors, investment firms, United States and foreign government officials, and other interested parties and stakeholders. In addition, the Commission also held a public roundtable, at which stakeholders discussed their views and provided input on issues related to our required rulemaking.
Moreover, SEC Commissioners and staff have held over 140 separate meetings with external stakeholders. This robust, public, and interactive debate has allowed the Commission to more fully consider how to develop our final rules. In that connection the Commission engaged in an extensive cost/benefit analysis with respect to this rulemaking. The Commission has sought to address concerns about compliance costs while implementing Congress’ objectives. The Commission also considered the effects of the rule on efficiency, competition and capital formation.
Today’s rulemaking is the culmination of a careful and comprehensive process and a clear Congressional directive. The Commission has faithfully administered its judgment and expertise, as the independent agency tasked by Congress to implement Section 13(p). The rule under consideration today is in the interest of investors and the public interest.
Today’s rule will bring clarity to the various stakeholders that have already developed initiatives to conduct due diligence and trace supply chains.
I support the rule, and would like to take this opportunity to thank the staff for their work in connection with this rulemaking. In particular, I would like to recognize the Division of Corporation Finance; the Division of Risk, Strategy and Financial Innovation; and the Office of General Counsel. I appreciate your hard work and effort in support of this rulemaking.
Thank you.
PIRATED ANDROID CELL PHONE APPS
Tuesday, August 21, 2012
Federal Courts Order Seizure of Three Website Domains Involved in Distributing Pirated Android Cell Phone Apps
First Time Website Domains Involving Cell Phone App Marketplaces Are Seized
WASHINGTON – Seizure orders have been executed against three website domain names engaged in the illegal distribution of copies of copyrighted Android cell phone apps, Assistant Attorney General Lanny A. Breuer of the Department of Justice’s Criminal Division, U.S. Attorney Sally Quillian Yates of the Northern District of Georgia and Special Agent in Charge Brian D. Lamkin of the FBI’s Atlanta Field Office announced today. The department said that this is the first time website domains involving cell phone app marketplaces have been seized.
The seizures are the result of a comprehensive enforcement action taken to prevent the infringement of copyrighted mobile device apps. The operation was coordinated with international law enforcement, including Dutch and French law enforcement officials.
The three seized domain names – applanet.net, appbucket.net and snappzmarket.com – are in the custody of the federal government. Visitors to the sites will now find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them that willful copyright infringement is a federal crime.
"Cracking down on piracy of copyrighted works – including popular apps – is a top priority of the Criminal Division," said Assistant Attorney General Breuer. "Software apps have become an increasingly essential part of our nation’s economy and creative culture, and the Criminal Division is committed to working with our law enforcement partners to protect the creators of these apps and other forms of intellectual property from those who seek to steal it."
"Criminal copyright laws apply to apps for cell phones and tablets, just as they do to other software, music and writings. These laws protect and encourage the hard work and ingenuity of software developers entering this growing and important part of our economy. We will continue to seize and shut down websites that market pirated apps, and to pursue those responsible for criminal charges if appropriate," said U.S. Attorney Yates.
"The theft of intellectual property, particularly within the cyber arena, is a growing problem and one that cannot be ignored by the U.S government’s law enforcement community. These thefts cost companies millions of dollars and can even inhibit the development and implementation of new ideas and applications. The FBI, in working with its various corporate and government partners, is not only committed to combating such thefts but is well poised to coordinate with the many jurisdictions that are impacted by such activities," said FBI Special Agent in Charge Lamkin.
During the operation, FBI agents downloaded thousands of copies of popular copyrighted mobile device apps from the alternative online markets suspected of distributing copies of apps without permission from the software developers who would otherwise sell copies of the apps on legitimate online markets for a fee. In most cases, the servers storing the apps sold by these alternative online markets were being hosted in other countries, and our international law enforcement partners assisted in obtaining or seizing evidence stored on these servers. Nine search warrants were also executed in six different districts across the country today as part of the operation.
The operation reflects a coordinated effort by the Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section and the Office of International Affairs; the U.S. Attorney’s Office for the Northern District of Georgia; the FBI’s Atlanta Field Office; and six other U.S. Attorney’s Offices, including the Southern District of Mississippi, the Middle District of Florida, the Western District of Michigan, the Southern District of Indiana, the District of Rhode Island and the Northern District of Texas.
9/11 HEARINGS POSTPONED BECAUSE OF STORM
FROM: U.S. DEPARTMENT OF DEFENSE
Sailors pile sandbags against the walls of Naval Security Forces headquarters at Naval Station Guantanamo Bay, Cuba, Aug. 22, 2012, in preparation for wind and rain from tropical storm Isaac. DOD photo by Cheryl Pellerin
Judge Postpones 9/11 Hearings as Guantanamo Preps for Storm
By Cheryl Pellerin
American Forces Press Service
NAVAL STATION GUANTANAMO BAY, Cuba, Aug. 23, 2012 - Lawyers, observers and media are leaving the island today after the base commanding officer recommended their evacuation ahead of tropical storm Isaac's projected path to Cuba.
Military commissions judge Army Col. James L. Pohl postponed hearings of five accused 9/11 detainees that were scheduled to begin today after an unrelated one-day delay due to technical issues.
No new date was set for the hearings.
Pohl said he based the decision on impending weather conditions, concern for the safety and welfare of personnel, and a recommendation by the station's commanding officer, Navy Capt. John R. Nettleton.
The hearings -- in the case of the United States v. Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi -- were originally scheduled to begin yesterday. But in the early morning hours of Aug. 21, a coal-train derailment in suburban Baltimore killed two young women and damaged fiber-optic lines that carry Internet traffic to and from Guantanamo Bay.
The damage caused loss of Internet connectivity for the base and for the Office of Military Commissions, and it hindered the ability of the defense team, according to an emergency motion filed by the team.
"Our hearts go out to the families of the two young women who were killed by the train wreck that resulted in our communications in Guantanamo being cut off," Army Brig. Gen. Mark S. Martins, chief prosecutor in the Office of Military Commissions, said in a news conference yesterday.
Instances of delay and disruption are nothing new to civilian and military courts, "but we're going to certainly move forward methodically [and] the court is going to take up these issues," Martins said.
Pohl said a forthcoming docketing order would set a date for the next sessions in the case.
Around the 45-square-mile naval base, people were busy with preparations for tropical storm Isaac. Some weather models are forecasting that the storm's winds and rain could make landfall on the island the afternoon of Aug. 25, affecting Cuba's southeast corner, where the base was established in 1903.
"I recommended that all the lawyers and everybody [who is part of the Office of Military Commissions] leave and come back [at a later date] and restart. But it's not my decision, it's my recommendation," Nettleton told reporters before the postponement. His recommendation for evacuation, he noted, included nonessential personnel and visitors.
The commanding officer, who's been at Guantanamo Bay Naval Station for about six weeks, said the last major hurricane that affected the base was Inez in 1963. That storm dumped 36 inches of rain onto the island, he added.
"Right now, [Isaac] is a big swath of projected winds," the captain said. "It's down from 110 to 115 [knots] to about 60 to 70 knots in the last projection we have. But it could speed up, and the wind speed could go up or it could go down."
As the storm pushes rain and heavy winds toward Cuba, he said, preparations on the island include cleaning up debris that the winds could turn into missiles, closing the hangars, securing buildings, moving people who are at risk into sturdier buildings, and hauling boats out of the water.
At the wharf yesterday, a 600-ton crane began hauling boats out of the water and rolling on giant tires over heavy concrete tracks to a dry dock several hundred feet away.
Over a 24-hour period, a port operations officer said, they'll move up to 17 boats and ferries -- from 22-foot center-console oil-spill response boats to 120-foot amphibious landing craft -- out of the water to avoid waves and storm surge.
Dark clouds moved over half the sky as the crane worked and as sailors snugged sandbags up against the walls of Naval Security Forces headquarters, located in a low-lying area near the harbor.
Nettleton said several hundred nonessential personnel and visitors will leave the island, leaving roughly 5,600 residents, including service members, workers and families, and their pets.
"Everybody on the base is pretty good at [storm preparation], because this is one of the things that we drill to constantly. ... This is actually one of the best harbors in the Caribbean, so the thing I worry about is a little bit of complacency," he said. "[But] procedurally, we're solid."
As the storm gets close, he said, an orderly shutdown of services will begin.
"We'll turn the water plant off, we'll turn the electricity off, [and] we'll go on backup generators because it's easier on the system than letting the power fail," Nettleton said. They'll also shut down activity on the beaches and on the bay.
Just before hurricane season, he said, base personnel take coconuts off the trees so the hard shells don't become deadly missiles in a storm.
Isaac may postpone the island's fresh food flight, which comes in on Saturdays, Nettleton added, and heavy rain on an island made of clay and coral could cause rockslides and close roads.
"But we'll be fine," the captain said. "We have massive amounts of support. The U.S. government will make sure everybody's good."
Once everything is shut down, the residents will shelter in place, he said. "Once the storm's passed, the first thing we'll do is sweep the area and make sure everything's clear, then slowly open services back up," he added.
It's been so long since Cuba experienced a major hurricane, some observers think it's unlikely that Isaac will be a problem here
The suggestion to evacuate nonessential personnel and visitors was "a conservative call," he said, "[but] it's one I'm always going to make, because it's about lives."
TROPICAL STORM ISAAC
NASA Sees Tropical Storm Isaac and Tropical Depression 10 Racing in AtlanticFROM: NASA
There are now two active tropical cyclones in the Atlantic and NASA is generating satellite imagery to monitor their march westward. Tropical Storm Isaac is already bringing rainfall to the Lesser Antilles today, Aug. 22, Tropical Depression 10 formed in the eastern Atlantic, and another low fizzled in the western Gulf of Mexico.
Tropical Storm Isaac formed late on Aug. 21 from Tropical Depression 9 and immediately caused warnings and watches. Tropical Depression 10 formed during the morning hours on Aug. 22 in the central Atlantic, east of Isaac and appears to be following the tropical storm on NOAA's GOES-13 satellite imagery. NOAA's GOES-13 satellite captured an image of Tropical Storm Isaac over the Lesser Antilles, and newborn Tropical Depression 10 trailing behind on Aug. 22 at 1445 UTC (10:45 a.m. EDT). The image was created by the NASA GOES Project at the NASA Goddard Space Flight Center in Greenbelt, Md. Both storms are showing good circulation.
The Atmospheric Infrared Sounder (AIRS) instrument onboard NASA's Aqua satellite captured an infrared image of Tropical Storm Isaac on Aug. 22 at 2:05 a.m. EDT, as it was bringing heavy rainfall to the Lesser Antilles. Strong thunderstorms appeared in a band of thunderstorms in Isaac's western quadrant that had cloud top temperatures as cold as -63F (-52C).
Watches and Warnings in Effect
The National Hurricane Center has posted Warnings and Watches for Tropical Storm Issac. A Tropical Storm Warning is in effect for Martinique, Dominica, Guadeloupe and the surrounding islands, and St. Martin, St. Kitts, Nevis, Antigua, Barbuda, Montserrat, and Anguilla, Saba, St. Eustatius, and St. Maarten, British Virgin Islands, Puerto Rico, Vieques, Culebra, and the U.S. Virgin Islands.
There are also hurricane and tropical storm watches in effect. A Hurricane Watch is in effect for Puerto Rico, Vieques, Culebra, and the U.S. and British Virgin Islands; the south coast of the Dominican Republic from Isla Saona westward to the Haiti-Domenican Republic southern border. A Tropical Storm Watch is in effect for the north coast of the Dominican Republic from the Haiti-Dominican Republic northern border eastward to north of Isla Saona.
At 11 a.m. EDT (1500 UTC) on Aug. 22, Tropical Storm Isaac had maximum sustained winds near 45 mph (75 kmh), and the NHC said that strengthening is forecast. Isaac could become a hurricane by Thursday or Thursday night, Aug. 23. The center of Isaac was about 140 miles (230 km) east of Guadaloupe, near latitude 15.9 north and longitude 59.3 west. Isaac is moving westward near 21 mph (33 kmh) is expected to stay on this track over the next couple of days.
The NHC said, "On the forecast track the center of Isaac should move through the Leeward Islands this evening and pass near or south of the Virgin Islands and Puerto Rico on Thursday (Aug. 23) and approach the Dominican Republic Thursday night and Friday (Aug. 24).
THE GEN. DEMPSEY TRAVELS IN IRAQ
FROM: U.S. DEPARTMENT OF DEFENSE
Dempsey Returns for Talks in Changed Baghdad
U.S. Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, travels aboard a CH-47 helicopter from Bagram to Kabul, Afghanistan, Aug. 20, 2012, to meet with leaders from the International Security Assistance Force, U.S. Central Command, U.S. State Department and the Afghan military. DOD photo by D. Myles Cullen 
By Jim Garamone
American Forces Press Service
BAGHDAD, Aug. 21, 2012 - Arriving in this city had both familiar and unfamiliar aspects for the chairman of the Joint Chiefs of Staff today.
On one hand Army Gen. Martin E. Dempsey arrived in a city he knows well, having commanded the 1st Armored Division here in 2003 and 2004, and as the commander of the Multinational Security Transition Command Iraq from 2005 to 2007.
But Baghdad also is a changed city. Many of the scars of war are gone now, and today, tens of thousands of Iraqis peacefully celebrated Eid al Fitr – the end of Ramadan – in areas where T-wall barriers once stood.
In a symbol of the changed state of Iraq and its evolved relationship with the United States, Dempsey had to get his passport stamped by Iraqi customs officials upon his arrival. And, no longer a commander in a combat zone, the chairman ditched his once familiar camouflage for his class B dress uniform for meetings with Iraqi Prime Minister Nouri al-Maliki and army Gen. Zebari Babakir, Iraq's chief of defense.
Dempsey said he felt a certain satisfaction arriving back in Baghdad. "Flying over, there certainly seemed to be a sense of what we call normalcy," he told reporters traveling with him. "Are there still challenges, problems? Of course there are. But the Iraqis appear to be on a good path."
The chairman met with Maliki for 90 minutes. The two men had worked together when Dempsey commanded the transition effort. "We spent the first 30 minutes reminiscing about our time together, the tough times and what's ahead," he said. "The way we find our way forward in difficult times is through our relationships."
Dempsey also spoke with Maliki and Babakir about the current effort to equip and train Iraqi security forces via the Office of Security Cooperation Iraq. More than 225 U.S. troops, seven Defense Department civilians, 530 security assistance team members and more than 4,000 contracted personnel are in the office at the Iraqi government's invitation.
Iraqi leaders told the chairman they are generally pleased with the efforts of the office. But, Dempsey said, all sides – including the U.S. Army chief of the office at the American embassy, Lt. Gen. Robert Caslen – are frustrated by delays in some aspects of the foreign military sales program.
The program to equip the Iraqi security forces runs to $12.7 billion this year. The lion's share comes from the Iraqi government and about $1.5 billion comes from the United States.
The leaders also discussed in general terms how Syria could evolve. The Iraqi prime minister is deeply concerned about Syria breaking up along ethnic or religious lines, Dempsey said. He is particularly worried about these divisions spilling over the border to Iraq where there are many of the same divisions.
"At the same time, there's also the opportunity for Iraq to maybe be the dam against that flood," Dempsey said.
Maliki's sense is that the Syrian example is so stark and dire for the region that it might be a reason to galvanize Iraq to pull together, the chairman said.
"Now it may have the exact opposite, too," he said. "But there's an opportunity there and my report is that he sees it. I sensed that he understands he can play a positive role in the region."
Maliki heads a democratically elected government, and as such, Iraq can become the major leader in the region as other states look to develop democracy in wake of the Arab Spring, Dempsey said. If Iraq can help other nations in the region, "I think Maliki could be historic," he said.
The relationship between Iraq and the United States is improving because U.S. officials did what they said they would do, the chairman said. When the United States and Iraq negotiated the agreement for U.S. troops to leave Iraq in December, many Iraqis believed it wouldn't happen, he said.
But the U.S. government proved good to its word, and that has made the relationship easier, Dempsey said. "We scaled our physical presence way down, while not scaling down our commitment to the nation," he said. "I don't know if they believed that a year or two ago."
The leaders also discussed aspects of the military-to-military relationship – bilateral exercises, education, equipment and the like -- as they would with leaders of any other country, Dempsey said.
"We are having conversations as two sovereign nations about interests," he said. "And that's what's important."
SECRETARY PANETTA'S REMARKS ABOARD THE USS JOHN C. STENNIS
Photo: USS John C. Stennis. Credit: U.S. NavyFROM: U.S. DEPARTMENT OF DEFENSE
August 22, 2012
STAFF: Afternoon, sir. How are you?
SECRETARY OF DEFENSE LEON E. PANETTA: Thank you very much. Good to be here. Spent some time at Fort Lewis a long time ago when I was in ROTC at Santa Clara. So ever since then I've spent a lot of time up here in Seattle.
From a defense point of view this is really a -- a community that is one of the -- one of the -- the very best in terms of supporting the military mission. There are a lot of different missions that are supported here, and I have tremendous thanks and respect for the people of Washington and the way they support our military mission.
So I'm glad to be here and happy to answer your questions.
Q: (Inaudible) -- shifted Navy or other assets to the Mediterranean or Syria region at this time?
SEC. PANETTA: Not at this time. We've -- we have deployed a force to the Middle East, and obviously the Stennis will -- will join that force. And the focus of that is to be prepared to deal with any contingency that develops in the Middle East.
Q: How much of this has to do with the conflict between Israel and Iran? Is this a positioning effort?
SEC. PANETTA: It deals with a lot of threats in the Middle East right now. Obviously Iran is one of those threats that we have to -- we have to be able to focus on and make sure that we're prepared to deal with any threats that could emerge out of Iran.
Secondly, it is the turmoil in Syria, and we're obviously following that closely as well.
There also are tanker threats that come from Iran that threaten some of the tanker -- the oil traffic that goes through the straits, and that's another concern.
So there are a number of issues in that region. It is -- you know, we're gone through the Arab spring there. The results of that present both challenges and opportunities. And all of that is the reason we maintain the force that we have in the Middle East.
Q: (inaudible) -- two-carrier requirement that was going to end in September and now is definite or is there a new end date?
SEC. PANETTA: You know, we're looking at what we need in order to deal with the potential challenges that we face in the Middle East. I can't give you a time frame as to how long we'll have to maintain that -- that presence. But clearly maintaining two carriers in that region was important to us in order to have the ability to confront any contingency.
Q: Do you have any more details about the kind of assistance the military can provide to Jordan or Turkey in the case of Syrian refugees?
SEC. PANETTA: You know, dealing with Syria, obviously we've tried to focus on three areas of importance. One is to do what we can to assist on the humanitarian effort, and I think the president pointed out we've done about $81 million, $82 million. But we're also working with Jordan and with Turkey to try to deal with the refugee flows and try to help them as best we can.
Secondly is the -- the whole threat of chemical and biological weapons. There are sites in Syria. We're concerned about the security of those sites. So we're continuing to monitor those sites and work with both Turkey, as well as Jordan and Israel to ensure that -- that none of those weapons fall into the wrong hands.
STAFF: Couple more here, guys.
SEC. PANETTA: And let me just mention, the third one is the -- is obviously working with the opposition to try to give them what assistance we can. Basically we're providing nonlethal assistance at this time, but we're working with other countries to try to give them what support they can get in order to try to confront the Syrian army.
Q: Is there any possibility for a no-fly zone in the region at this point?
SEC. PANETTA: Well, you know, we've developed contingency plans for all kinds of possibilities there. But as I -- as I said, that's not on the front burner right now.
Q: Sir, is the U.S. any closer to declaring whether or not the Haqqani Network is a terrorist organization?
SEC. PANETTA: That's -- that's a decision that the State Department has to make with regards to making a recommendation on that. And I think it's probably best one that is addressed to them.
Q: Mr. Secretary, you testified that you're having -- you've called for investigations into the system-wide review of PTSD diagnoses. Is that close to being completed, or when might we see results from that?
SEC. PANETTA: Well, obviously, it -- you know, the concern sprang out of a situation here at McChord that told us that there was some misdiagnoses that had taken place.
Actually as a result of that I've asked all of the services to review all of their diagnosis to see just exactly whether the same thing has occurred elsewhere, and that's -- that's ongoing right now.
Also, there is an ongoing investigation here as to what took place at McChord, making sure that -- that we do everything possible to find out what happened and try to make sure we're taking steps to avoid that happening in the future.
I sent, obviously, high level individuals from the Pentagon who have visited here to try to look at the situation. We've made some changes. I'm awaiting further recommendations as to what we can do to do everything possible to make sure that that kind of misdiagnosis doesn't take place.
STAFF: Last one. Anyone?
Q: (Inaudible) -- for this region. (Inaudible) -- Pacific Rim.
SEC. PANETTA: I would assume that Bremerton's going to stay busy for a long time to come as a result of having to focus and project our force into the Pacific. That's -- that's going to -- we're going to need the kind of shipyards and maintenance and backup that Bremerton provides.
STAFF: Thank you all very much.
SEC. PANETTA: Okay.
WOMEN'S EQUALTY DAY
FROM: U.S. NAVYNavy Commemorates Women's Equality Day
100826-N-6003P-046 ARABIAN SEA (Aug. 26, 2010) An all-female line-handling team guides the phone and distance line from the aircraft carrier USS Harry S. Truman (CVN 75) to the Military Sealift Command fleet replenishment oiler USNS Big Horn (T-AO 198) during a replenishment at sea (RAS). Harry S. Truman's deck department used an all-female crew at one of the RAS stations to commemorate Women's Equality Month in the Navy. The Harry S. Truman Carrier Strike group is deployed supporting maritime security operations and theater security cooperation efforts in the U.S. 5th Fleet area of responsibility. U.S. Navy Photo by Mass Communication Specialist 2nd Class Kilho Par
By Ensign Amber Lynn Daniel, Diversity and Inclusion Public Affairs
WASHINGTON (NNS) -- Commands are encouraged to celebrate Women's Equality Day Aug. 26, as announced by NAVADMIN 251/12.
Established by Congress in 1971, Women's Equality Day was designed to commemorate the long struggle of generations of women to gain the right to vote.
The observance also calls attention to women's continuing efforts today towards full equality.
The women's suffrage movement began in 1848 at the Seneca Falls Convention in Seneca Falls, N.Y. Convened by suffragist leaders Elizabeth Cady Stanton and Lucretia Mott, the committee published a "Declaration of Sentiments." The declaration outlined key social, civil and political demands for women, helping the cause of women's suffrage gain national prominence. Nearly 72 years later, the 19th Amendment to the Constitution was passed Aug. 26, 1920, granting women throughout the United States the right to vote.
In 1971, to honor and commemorate the passing of the 19th Amendment, U.S. Rep. Bella Abzug introduced a resolution to designate Aug. 26 as the annual Women's Equality Day. Today, the observance recognizes the anniversary of women's suffrage and of the continued efforts toward equal rights in the United States.
All Navy commands are encouraged to reflect on and celebrate the accomplishments of women in the armed services during this observance.
Women first entered Naval service in 1908 with the establishment of the Navy Nurse Corps, 12 years before women were granted the right to vote. Women continued to serve in the Navy in varying capacities throughout World War I and World War II, but it was not until June 12, 1948, with the passage of the Women's Armed Services Integration Act that women gained permanent status in the U.S. armed services. The first six enlisted women were sworn into regular U.S. Navy service July 7, 1948. Four months later the first eight female Naval officers were commissioned Oct. 15, 1948.
Women were first assigned to selected non-combatant ships in 1978, and opportunities were later broadened to include service on warships in 1994 following the repeal of the combat exclusion law. In April 2010, the Navy announced a policy change allowing female officers to serve on submarines. Today, 95 percent of Navy billets are open to the assignment of women.
This year has been a landmark year for women in the Navy. The year kicked off with five women making naval history as the first all-female E-2C Hawkeye crew to fly a combat mission. Plane Commander Lt. Cmdr. Tara Refo, Mission Commander Lt. Cmdr. Brandy Jackson, Second Pilot Lt. Ashley Ruic, Air Control Officer Lt. Nydia Driver, and Radar Operator Lt. j.g. Ashley Ellison were assigned to Airborne Early Warning Squadron (VAW) 125, embarked aboard the Nimitz-class aircraft carrier USS Carl Vinson (CVN 70) as part of Carrier Air Wing (CVW) 17 when they made their historic flight Jan. 25.
Two days later, the Navy honored the passing of the fleet's first female aircraft handling officer, Lt. Cmdr. Regina Mills, during a ceremony Jan. 27 in Bremerton, Wash. More than 2,000 family members, friends, and shipmates assembled aboard the aircraft carrier USS Nimitz (CVN 68) to pay respect to Mills, who was struck and killed by a vehicle when she stopped to assist others involved in a traffic collision in Gig Harbor, Wash., Jan. 23.
In April, the Navy bid fair winds and following seas to one of the original female surface warfare trailblazers, Vice Adm. Ann Rondeau. Rondeau holds the distinction of serving as the first warfare qualified female admiral and, prior to her retirement, was the highest ranking female flag officer in the Navy. She retired after 38 years of dedicated naval service.
Later that month, Rear Adm. Michelle Howard was nominated for appointment to the rank of Vice Admiral April 16. If confirmed, Howard would become the first female African American three star admiral. In July, Vice Adm. Nanette DeRenzi was assigned as Judge Advocate General of the Navy. De Renzi is the highest ranking female in the Judge Advocate General Corps, and is the first woman to hold the Judge Advocate General Corps' most senior position. Vice Adm. Robin Braun, the highest ranking female aviator in the Navy, became chief of the Navy Reserve Aug. 13, and is the first woman to hold the post.
There are currently 35 female flag officers in the Navy; 21 represent the active duty component, and 14 represent the Reserve component.
Enlisted women also made notable accomplishments during 2012. In May, Command Master Chief (AW/SW) JoAnn M. Ortloff became Fleet Master Chief for Commander, Naval Forces Europe and Africa. Upon her selection, Ortloff became the highest ranking enlisted woman in the Navy, and only the second woman to reach the position of fleet master chief.
Command Master Chief (AW/SW) April Beldo continued her tradition of breaking barriers for women when she assumed her new position as force master chief of Naval Education and Training Command (NETC), the first African American woman to do so. Beldo arrived at NETC in April after serving aboard USS Carl Vinson (CVN 70), where she held the title of the first female African American command master chief of a nuclear aircraft carrier. She is currently the only woman serving as a force master chief in the Navy.
Policy changes affecting women serving in the Navy also took shape in 2012. The Department of Defense announced changes to the 1994 Direct Ground Combat Definition and Assignment Rule Feb. 9. The changes were implemented in May, opening an additional 14,325 positions throughout the Department of Defense previously closed to women.
Today, 54,537 women serve in the Navy on active duty or in the Reserve, comprising 17 percent of the force. Additionally, nearly 50,000 women serve across the Navy in a wide range of specialties as civilian employees.
GENERAL HAM'S AFRICA REPORT
FROM: U.S. DEPARTMENT OF DEFENSE
Ham Reports Progress Against al-Shabab in AfricaBy Donna MilesAmerican Forces Press Service
THEBEPHATSHWA AIR BASE, Aug. 22, 2012 - Calling the elimination of safe havens and support for terrorist groups in Africa his top priority, the commander of U.S. Africa Command reported that U.S. support for Somalia's military has had a direct impact in degrading the al-Shabab terror organization there.
"The performance of African militaries in Somalia ... has been extraordinary," Army Gen. Carter F. Ham told Soldiers Radio and Television Service reporter Gail McCabe during closing ceremonies for exercise Southern Accord here.
Ham noted the U.S. government role in training and equipping these forces and the impact it has had in increasing the African partners' counterterrorism capabilities.
"They really have degraded the capability of al-Shabab, an al-Qaida affiliate operating in Somalia, where most of Somali territory is no longer receptive to al-Shabab," he said. "They certainly still have some strong points, but are [al-Shabab is] greatly diminished over the last year, because of the role of Africans."
While holding up Somalia as a positive trend on the continent, Ham acknowledged progress elsewhere remains mixed. He noted Mali, where about two-thirds of the country "is essentially outside the control of the interim government ... and is largely controlled by transnational terrorist organizations."
Ham called the terrorist threat his most pressing challenge. "In fact, I would say it is my highest priority, as the geographic combatant commander, ... to protect America, Americans and American interests from threats that emerge from the continent of Africa," he said. "And at present, the most dangerous of those threats are transnational terrorists."
Countering this threat is the common denominator that drives Ham's theater engagement strategy and its broad array of operations, exercises and security cooperation programs. This includes teaching partner nations how to improve their border security, intelligence and tactical capabilities and equipping African nations so they can operate more effectively.
It's an effort Ham said involves the entire U.S. interagency – the departments of State, Commerce, Treasury and Justice, the U.S. Agency for International Development and other organizations – as they coordinate efforts to help address the underlying causes that create an environment where terrorists can operate.
The president's recently released policy directive for sub-Saharan Africa recognizes the importance of security in advancing economic development that lays the foundation for democracy, Ham noted.
"The two are interrelated," he said. "You can't really have good, strong economic development if there is not security and stability."
So Africom focuses on helping African partners promote security and stability. "We think it is important that we help African nations develop their own capabilities to provide their own security and also to begin the capability to contribute more expansively to regional security," Ham said.
U.S. engagements in Africa, such as Southern Accord, are tailored to help partners build capacity and to respect the rule of law, the general said. "What we are really trying to do is help you build security forces that are not only tactically capable, but forces that are genuinely responsive to legitimate civilian control – that operate according to the rule of law and see themselves as servants of that nation,'" he explained. "And we are seeing that over and over again, and we certainly see that here in Botswana."
Promoting that kind of engagement requires close relationships that are built over time. "It is all about relationships," Ham said. "It is the ability to talk to a chief of defense or minister of defense and in some cases, heads of state to convey to them what it is that we are trying to do, and make sure they understand that we ... don't want to do anything that they don't want us to do."
A true partnership benefits all the participants, Ham said, recognizing the gains both U.S. service members and Botswana Defense Force members received as they worked together during Southern Accord.
Ham said he's sometimes asked why what the United States needs a combatant command focused on Africa and why what happens in Africa matters to the United States. "I could easily say there are a billion reasons," he said, recognizing the African continent's population.
But also citing global economies and the global nature of security challenges, Ham emphasized that "what happens in Africa affects us in the United States."
"So I think there is a whole host of reasons why America and Americans should care about advancing our interests in Africa," he said. "And security is one component of an overall U.S. approach."
Wednesday, August 22, 2012
ASSISTED LIVING FACILITY AND MEDICARE FRAUD
Tuesday, August 21, 2012
Florida Assisted Living Facility Owner Sentenced to 30 Months in Prison for Medicare Fraud Scheme
WASHINGTON – The owner of a Miami-area assisted living facility was sentenced today to serve 30 months in prison for his role in a kickback scheme that funneled patients to a fraudulent mental health provider, American Therapeutic Corporation (ATC), the Department of Justice, the FBI and the Department of Health and Human Services announced today.
Bobby Ramnarine, 36, was sentenced by U.S. District Judge Donald M. Middlebrooks in the Southern District of Florida. In addition to his prison term, Ramnarine was sentenced to serve two years of supervised release and was ordered to pay $165,881 in restitution, jointly and severally with co-defendants. Ramnarine pleaded guilty on May 22, 2012, to one count of conspiracy to commit health care fraud.
Ramnarine was the owner of an assisted living facility called Elmina Inc., located in Lauderhill, Fla. According to court documents, Ramnarine agreed to send Elmina residents to ATC in exchange for illegal health care kickbacks. ATC purported to operate partial hospitalization programs (PHPs), a form of intensive treatment for severe mental illness, in seven different locations throughout South Florida and Orlando, Fla. According to court documents, Ramnarine admitted that he knew ATC falsely billed Medicare for PHP treatment based on his fraudulent referrals. Ramnarine also admitted he referred his residents to ATC because he would receive a cash kickback and because his residents had Medicare and were willing to go to ATC. According to the plea agreement, Ramnarine’s participation in the fraud resulted in more than $445,025 in fraudulent billing to the Medicare program.
ATC, its management company, Medlink Professional Management Group Inc., and various owners, managers, doctors, therapists, patient brokers and marketers of ATC, were charged with various health care fraud, kickback, money laundering and other offenses in two indictments unsealed on Feb. 15, 2011. ATC, Medlink and more than 20 of the individual defendants charged in these cases have pleaded guilty or have been convicted at trial.
The sentencing was announced today by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Michael B. Steinbach, Acting Special Agent-in-Charge of the FBI’s Miami Field Office; and Special Agent-in-Charge Christopher B. Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami Office.
The case was prosecuted by Trial Attorneys Allan J. Medina, Steven Kim and William Parente of the Justice Department Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
ISAF NEWS FROM AFGHANISTAN AUGUST 22, 2012
Photo: General Dempsey On Board Aircraft In Afghanistan. Credit: DOD.FROM: U.S. DEPARTMENT OF DEFENSE
From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, Aug. 22, 2012 - An Afghan and coalition security force arrested a Taliban leader today in the Panjwai district of Afghanistan's Kandahar province, military officials reported.
The Taliban leader conducted attacks against Afghan and coalition forces and moved weapons and explosives to other Taliban fighters in the area. Prior to his arrest, officials said, the Taliban leader carried out an improvised explosive device attack against Afghan forces.
The security force also detained several suspected insurgents during the operation.
In other operations today:
-- In Kunduz province's Imam Sahib district, a combined force detained several suspected insurgents and seized weapons during a search for an Islamic Movement of Uzbekistan leader who finances and directs attacks against Afghan and coalition forces.
-- A combined force detained several suspected insurgents in Helmand province's Now Zad district during a search for a Taliban leader who is in charge of acquiring weapons for Taliban fighters in the province's Marjah and Washir districts.
-- In the Pul-e Alam district of Logar province, a combined security force detained several suspected insurgents during an operation to arrest a Haqqani network leader who facilitates construction of improvised explosive devices and oversees IED attacks.
In other news, Afghan and coalition officials announced today that the insurgent leader Mullah Dost Mohammad was one of several insurgents arrested Aug. 20 during an operation in the Tarin Kot district of Uruzgan province. Mohammad is a key member of an IED supply and facilitation network in the Deh Rafshan area of Tarin Kot, officials said. He also is responsible for IED attacks against Afghan and coalition forces.
ETHOPIA: HISTORY, ECONOMY AND PASSING OF IT'S LEADER
FROM: U.S DEPARTMENT OF STATEThe Passing of Ethiopian Prime Minister Meles Zenawi
Press Statement
Hillary Rodham Clinton
Secretary of State
Washington, DC
August 21, 2012
I was deeply saddened to learn of the passing of Prime Minister Meles Zenawi of Ethiopia.
I admired the Prime Minister’s personal commitment to transforming Ethiopia’s economy and to expanding education and health services. He was an important and influential voice in Africa, and we especially valued his role in promoting peace and security in the region. I am confident that Ethiopia will peacefully navigate the political transition according to its constitution.
On behalf of the American people, I would like to offer my sincere condolences to the people of Ethiopia, and to reaffirm our commitment to a strong partnership focused on strengthening development, democracy and human rights, and regional security.
PROFILE
Geography
Area: 1.1 million sq. km (472,000 sq. mi.); about the size of Texas, Oklahoma, and New Mexico combined.
Cities: Capital--Addis Ababa (pop. 3.4 million, 2012 est.). Other cities--Dire Dawa (387,000), Nazret (271,562), Gondar (254,420), Dessie (181,042), Mekelle (273,459), Bahir Dar (266,432), Jimma (149,166), Awassa (326,675).
Terrain: High plateau, mountains, dry lowland plains.
Climate: Temperate in the highlands; hot in the lowlands.
People
Nationality: Noun and adjective--Ethiopian(s).
Population (est.): 84 million.
Annual population growth rate (est.): 2.6%.
Ethnic groups (est.): Oromo 34.5%, Amhara 26.9%, Tigre 6.1%, Somali 6.2%, Sidama 4%, Gurage 2.5%, Wolaita 2.3%, Afar 1.7%, other nationalities 3%.
Religions (est.): Ethiopian Orthodox Christian 43.5%, Muslim 33.9%, Protestant 18.6%, remainder indigenous beliefs.
Languages: Amharic (official), Tigrinya, Arabic, Guaragigna, Oromifa, English, Somali.
Education: Years compulsory--none. Attendance (elementary)--87.9%. Literacy--43%.
Health: Infant mortality rate--77/1,000 live births.
Work force: Agriculture--80%. Industry and commerce--20%.
Government
Type: Federal republic.
Constitution: Ratified 1994.
Branches: Executive--president, Council of State, Council of Ministers. Executive power resides with the prime minister. Legislative--bicameral parliament. Judicial--divided into federal and regional courts.
Administrative subdivisions: 9 regions and 2 special city administrations: Addis Ababa and Dire Dawa.
Political parties: Ethiopian People's Revolutionary Democratic Front (EPRDF), Ethiopian Federal Democratic Unity Forum (Medrek), the Unity for Democracy and Justice (UDJ) party, the United Ethiopian Democratic Forces (UEDF), Oromo Federalist Democratic Movement (OFDM), Ethiopian Democratic Party (EDP), Oromo Peoples’ Congress (OPC), All Ethiopia Unity Party (AEUP), and other small parties.
Suffrage: Universal starting at age 18.
Central government budget (2011-2012): $6.97 billion.
Defense: $384.6 million (5.5% of GDP FY 2011-2012).
National holiday: May 28.
Economy
GDP (FY 2010-2011): $31.7 billion.
Annual growth rate (2010-2011): 11.4%.
GDP per capita (2010-2011): $376.
Average inflation rate (FY 2010-2011): 18.1%; year-on-year inflation rate: 38.1%.
Natural resources: Potash, salt, gold, copper, platinum, natural gas (unexploited).
Agriculture (41% of GDP): Products--coffee, cereals, pulses, oilseeds, khat, meat, hides and skins. Cultivated land--17%.
Industry (13% of GDP): Types--textiles, leather products, processed foods, construction, cement, and hydroelectric power.
Services (46% of GDP).
Trade (2010-2011): Exports--$2.75 billion. Imports--$8.25 billion; plus private transfers including remittances--official est. $3.2 billion.
Fiscal year: July 8-July 7.
GEOGRAPHY
Ethiopia is located in the Horn of Africa and is bordered by Eritrea, Djibouti, Somalia, Kenya, South Sudan, and Sudan. The country has a high central plateau that varies from 1,800 to 3,000 meters (6,000 ft.-10,000 ft.) above sea level, with some mountains reaching 4,620 meters (15,158 ft.). Elevation is generally highest just before the point of descent to the Great Rift Valley, which splits the plateau diagonally. A number of rivers cross the plateau--notably the Blue Nile flowing from Lake Tana. The plateau gradually slopes to the lowlands of Ethiopia's neighbors to the west and the Somali-inhabited plains to the southeast.
PEOPLE
Ethiopia's population is highly diverse. Most of its people speak a Semitic or Cushitic language. The Oromo, Amhara, and Tigreans make up more than two-thirds of the population, but there are more than 77 different ethnic groups with their own distinct languages within Ethiopia. Some of these have as few as 10,000 members. In general, most of the Christians live in the highlands, while Muslims and adherents of traditional African religions tend to inhabit lowland regions. English is the most widely spoken foreign language and is taught in all secondary schools. Amharic is the official language and was the language of primary school instruction but has been replaced in many areas by local languages such as Oromifa and Tigrinya.
HISTORY
Hominid bones discovered in eastern Ethiopia dating back 4.4 million years make Ethiopia one of the earliest known locations of human ancestors. Ethiopia is the oldest independent country in Africa and one of the oldest in the world. Herodotus, the Greek historian of the fifth century B.C., describes ancient Ethiopia in his writings. The Old Testament of the Bible records the Queen of Sheba's visit to Jerusalem. According to legend, Menelik I, the son of King Solomon and the Queen of Sheba, founded the Ethiopian Empire. Missionaries from Egypt and Syria introduced Christianity in the fourth century A.D. Following the rise of Islam in the seventh century, Ethiopia was gradually cut off from European Christendom. The Portuguese established contact with Ethiopia in 1493, primarily to strengthen their influence over the Indian Ocean and to convert Ethiopia to Roman Catholicism. There followed a century of conflict between pro- and anti-Catholic factions, resulting in the expulsion of all foreign missionaries in the 1630s. This period of bitter religious conflict contributed to hostility toward foreign Christians and Europeans, which persisted into the 20th century and was a factor in Ethiopia's isolation until the mid-19th century.
Under the Emperors Tewodros II (1855-68), Johannes IV (1872-89), and Menelik II (1889-1913), the kingdom was consolidated and began to emerge from its medieval isolation. When Menelik II died, his grandson, Lij Iyassu, succeeded to the throne but soon lost support because of his Muslim ties. The Christian nobility deposed him in 1916, and Menelik's daughter, Zewditu, was made empress. Her cousin, Ras Tafari Makonnen (1892-1975), was made regent and successor to the throne. In 1930, after the empress died, the regent, adopting the throne name Haile Selassie, was crowned emperor. His reign was interrupted in 1936 when Italian Fascist forces invaded and occupied Ethiopia. The emperor was forced into exile in England. Five years later, British and Ethiopian forces defeated the Italians, and the emperor returned to the throne.
Following civil unrest, which began in February 1974, the aging Haile Selassie I was deposed on September 12, 1974, by a provisional administrative council of soldiers, known as the Derg ("committee"). The Derg seized power, installing a government that was socialist in name and military in style. It then summarily executed 59 members of the royal family and ministers and generals of the emperor's government; Emperor Haile Selassie I was strangled in the basement of his palace on August 22, 1975.
The Derg's collapse was hastened by droughts, famine, and insurrections, particularly in the northern regions of Tigray and Eritrea. In 1989, the Tigrayan People's Liberation Front (TPLF) merged with other ethnically based opposition movements to form the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF). In May 1991, EPRDF forces advanced on Addis Ababa. Mengistu fled the country for asylum in Zimbabwe, where he still resides.
In July 1991, the EPRDF, the Oromo Liberation Front (OLF), and others established the Transitional Government of Ethiopia (TGE), composed of an 87-member Council of Representatives and guided by a national charter that functioned as a transitional constitution. In June 1992, the OLF withdrew from the government; in March 1993, members of the Southern Ethiopia Peoples' Democratic Coalition left the government.
In May 1991, the Eritrean People's Liberation Front (EPLF), led by Isaias Afwerki, assumed control of Eritrea and established a provisional government. This provisional government independently administered Eritrea until April 23-25, 1993, when Eritreans voted overwhelmingly for independence in a UN-monitored free and fair referendum. Eritrea, with Ethiopia’s consent, was declared independent on April 27. The United States recognized its independence the next day.
In Ethiopia, President Meles Zenawi and members of the TGE pledged to oversee the formation of a multi-party democracy. The election for a 547-member constituent assembly was held in June 1994. The assembly adopted the constitution of the Federal Democratic Republic of Ethiopia in December 1994. The elections for Ethiopia's first popularly chosen national parliament and regional legislatures were held in May and June 1995. Most opposition parties chose to boycott these elections, ensuring a landslide victory for the EPRDF. International and non-governmental observers concluded that opposition parties would have been able to participate had they chosen to do so. The Government of the Federal Democratic Republic of Ethiopia was installed in August 1995.
In May 1998, Eritrean forces attacked part of the Ethiopia-Eritrea border region, seizing some Ethiopian-controlled territory. The strike spurred a 2-year war between the neighboring states that cost more than 70,000 lives. On June 18, 2000, Ethiopian and Eritrean leaders signed an Agreement on Cessation of Hostilities and on December 12, 2000, a peace agreement known as the Algiers Agreement.
Opposition candidates won 12 seats in national parliamentary elections in 2000. In controversial national elections in May 2005, the opposition was awarded 170 of 547 seats but claimed fraud; violence ensued. Ethiopian security forces responded and in the process killed more than 200 people, arrested scores of opposition leaders, as well as journalists and human rights advocates, and detained tens of thousands of civilians for up to 3 months in rural detention camps. In December 2005, the government charged 131 opposition, media, and civil society leaders--including the prominent opposition leader Birtukan Mideksa, a former judge and the vice-chairperson of the opposition Coalition for Unity and Democracy (CUD) party--with capital offenses including "outrages against the constitution." Birtukan was sentenced to life imprisonment, though she and other key opposition leaders and the majority of the 131 arrested were pardoned and released from prison 18 months later. The opposition largely boycotted local elections in 2008 with the result that EPRDF won more than 99% of all local seats.
In June 2008, Birtukan was elected the party chairman of the new Unity for Democracy and Justice (UDJ) party at its inaugural session in Addis Ababa. In October 2008, the Ethiopian Government arrested more than 100 Oromo leaders, accusing some of being members of the outlawed Oromo Liberation Front (OLF). At the end of December 2008, after briefly detaining Birtukan several times during the month, the government re-arrested her, saying she had violated the conditions of her summer 2007 pardon. Her original sentence of life imprisonment was reinstated and she remained in prison until she was pardoned again and released on October 6, 2010.
In April 2009, the Ethiopian Government arrested 41 individuals, mostly Amhara military or ex-military members allegedly affiliated with external opposition party Ginbot 7, for suspected involvement in a terrorist assassination plot of government leaders. The Ginbot 7 party was founded in May 2008 in the United States by Berhanu Nega, one of the opposition leaders in the 2005 elections, and advocates for change in the government "by any means." In August 2009, the Federal High Court found 13 of the defendants guilty in absentia and one not guilty in absentia. In November 2009, the court found another 27 guilty.
In simultaneous national and regional parliamentary elections in May 2010, the ruling EPRDF won more than 99% of all legislative seats in the country. In a tally of the popular vote, 91.95% voted for EPRDF and affiliate parties, while only 8.05% voted for the opposition countrywide. Election day was peaceful as 89% of registered voters cast ballots, but independent observation of the vote was severely limited. Only European Union and African Union observers were permitted, and they were restricted to the capital and barred from proximity to polling places. Although those few independent observers allowed access to the process did not question the EPRDF victory, there was ample evidence that unsavory government tactics--including intimidation of opposition candidates and supporters--influenced the extent of the victory.
Observers declared the 2010 elections not up to international standards because an environment conducive to free and fair elections was not in place. According to observers, the EPRDF used the advantage of incumbency to restrict political space for opposition candidates and activists. At the local level, thousands of opposition activists complained of EPRDF-sponsored mistreatment, ranging from harassment in submitting candidacy forms to beatings by local militia members, and complained further that there was no forum free of EPRDF control to which to present those complaints.
In June 2011, the Ethiopian parliament officially designated five groups as terrorist organizations under Ethiopian law, including the OLF, the Ogaden National Liberation Front (ONLF), Ginbot 7, al-Qaida, and al-Shabaab. Later in 2011, the Ethiopian Government arrested large numbers of activists, journalists, and political leaders for alleged involvement in terrorist activities and charged many of them under Ethiopia's controversial 2009 anti-terrorism proclamation. In December 2011, two Swedish journalists were sentenced to 11 years in prison on charges of entering Ethiopia illegally and allegedly supporting the ONLF.
On January 26, 2012, the Federal High Court sentenced Elias Kifle, a blogger, to life imprisonment in absentia; Zerihun Gebre Egziabhier, Chairman of Ethiopian National Unity Party, to 17 years in prison; Wubishet Taye, deputy editor-in-chief of a local newspaper, to 14 years; Reeyot Alemu, a columnist, to 14 years; and Hirut Kifle, a political activist, to 19 years, for conspiring and attempting to commit terrorist acts and participation in a terrorist organization.
GOVERNMENT AND POLITICAL CONDITIONS
Ethiopia is a federal republic under the 1994 constitution. The executive branch includes a president, Council of State, and Council of Ministers. Executive power resides with the prime minister. There is a bicameral parliament; national legislative elections were held in 2010. The judicial branch comprises federal and regional courts. Following the 2010 elections, there were 152 women in the 547-seat parliament, two female judges on the 11-seat Supreme Court, three women ministers among the 21-member cabinet, and four women among 53 state ministers.
Political parties include the Ethiopian People's Revolutionary Democratic Front (EPRDF), Ethiopian Federal Democratic Unity Forum (Medrek), the Unity for Democracy and Justice (UDJ) party, the United Ethiopian Democratic Forces (UEDF), Oromo Federalist Democratic Movement (OFDM), Ethiopian Democratic Party (EDP), Oromo Peoples’ Congress (OPC), All Ethiopia Unity Party (AEUP), and other small parties. Suffrage is universal at age 18.
The EPRDF-led government of Prime Minister Meles Zenawi has promoted a policy of ethnic federalism, devolving significant powers to regional, ethnically-based authorities. Ethiopia has nine semi-autonomous administrative regions and two special city administrations (Addis Ababa and Dire Dawa), which have the power to raise their own revenues. The government redrew the regional boundaries in 1994 along ethnic lines, giving each major ethnic group its own regional administration.
Principal Government Officials
President--Girma Wolde-Giorgis
Prime Minister--Meles Zenawi
Deputy Prime Minister and Minister of Foreign Affairs--Hailemariam Desalegn
Minister of National Defense--Siraj Fegisa
Mayor of Addis Ababa--Kuma Demeska
Ambassador to the U.S.--Girma Birru
Ethiopia maintains an embassy in the U.S. at 3506 International Drive, NW, Washington, DC 20008 (tel. 202-364-1200). It also maintains a UN mission in New York and consulates in Los Angeles, Seattle (honorary), and Houston (honorary).
ECONOMY
The current government has embarked on a cautious program of economic reform, including privatization of state enterprises and rationalization of government regulation. While the process is still ongoing, the government is continuously offloading public enterprises while at the same time creating others, such as sugar corporations, keeping the government heavily involved in the economy. The government is implementing its ambitious Growth and Transformation Plan (2010-2011 through 2014-2015), which aims to achieve an average growth rate of 11.2% and meet all millennium development goals. GDP growth for the past 5 years has averaged 11% annually, according to Ethiopian Government figures, though the World Bank and the International Monetary Fund have estimated GDP growth to be in the range of 7%-8%.
The Ethiopian economy is primarily based on agriculture, which contributes 41% to GDP and more than 75% of exports, and employs 80% of the population. The major agricultural export crop is coffee, providing approximately 30.6% of Ethiopia's foreign exchange earnings in 2010-2011, down from 65% a decade ago because of the increase in other exports. Other traditional major agricultural exports are finished leather goods, pulses, oilseeds, and the traditional "khat," a leafy narcotic that is chewed. Cut flowers and gold exports have become major export items in recent years. Gold was Ethiopia's second-largest export in 2010-2011, earning 17% of export proceeds. Ethiopia's agriculture is plagued by periodic drought, soil degradation caused by inappropriate agricultural practices and overgrazing, deforestation, high population density, undeveloped water resources, and poor transport infrastructure. Commercial agriculture by large foreign firms has expanded, though this expansion has been marked by controversy over allegations of forced resettlements and adverse environmental impacts. Potential exists for self-sufficiency in grains and for export development in livestock, flowers, grains, oilseeds, sugar, vegetables, and fruits.
Gold, marble, limestone, and small amounts of tantalum are mined in Ethiopia. Other resources with potential for commercial development include large potash deposits, natural gas, iron ore, and possibly oil and geothermal energy. Although Ethiopia has good hydroelectric resources, which power most of its manufacturing sector, it is totally dependent on imports for oil. In recent years, there have been positive developments in harnessing hydropower potential through construction of mega dams that could increase Ethiopia’s current electricity production capacity of 2,000 megawatts to 10,000 megawatts by 2014-2015, generating sufficient power for Ethiopia to sell excess supply to its neighbors. A landlocked country, Ethiopia has relied on the port of Djibouti since the 1998-2000 border war with Eritrea. Ethiopia is connected with the port of Djibouti by road, and projects are ongoing to construct railway lines. Of the 49,000 kilometers of all-weather roads in Ethiopia, 15% are asphalt. Mountainous terrain and the lack of good roads and sufficient vehicles make land transportation difficult and expensive. Ethiopian Airlines serves 17 domestic airfields and has 64 international destinations.
Dependent on a few vulnerable crops for its foreign exchange earnings and reliant on imported oil and capital goods, Ethiopia often suffers from severe foreign exchange shortages. The largely subsistence economy is incapable of meeting the budget requirements for drought relief, an ambitious development plan, and indispensable imports such as oil. The financing gap has largely been covered through foreign assistance and loans.
DEFENSE
The Ethiopian National Defense Force (ENDF) is currently estimated at 180,000 personnel and is one of the largest and more capable militaries in Africa. Troop strength increased to 350,000 during the 1998-2000 border war with Eritrea but tapered to 200,000 following the 2000 Algiers Agreement. The ENDF has mostly transitioned from its roots as a guerilla force to an effective, all-volunteer, professional military. The defense forces have participated in U.S.-sponsored training and engagements, including peacekeeping operations, professional military education, management, and counterterrorism operations. Ethiopia maintains a peacekeeping contingent in Liberia and in January 2009, ENDF peacekeepers began regular rotations to Darfur. In July 2011, the ENDF conducted a rapid, three-phase deployment to the contested area of Abyei as the UN Interim Security Force for Abyei (UNISFA). Ethiopia remains the only nation entrusted by both sides to secure peace and stability for the region. In December 2011, Ethiopia conducted an offensive in Somalia to back efforts by the Transitional Federal Government (TFG) of Somalia and the African Union Mission in Somalia (AMISOM) to defeat the al-Shabaab terrorist organization.
FOREIGN RELATIONS
Ethiopia was relatively isolated from major movements of world politics until Italian invasions in 1895 and 1935. Since World War II, Ethiopia has played an active role in world and African affairs. Ethiopia was a charter member of the United Nations and took part in UN operations in Korea in 1951 and the Congo in 1960. Former Emperor Haile Selassie was a founder of the Organization of African Unity (OAU), now known as the African Union (AU), which is headquartered in Addis Ababa. Addis Ababa also hosts the UN Economic Commission for Africa (UNECA). Ethiopia is also a member of the Intergovernmental Authority on Development (IGAD), a Horn of Africa regional group.
Although nominally a member of the Non-Aligned Movement, after the 1974 revolution Ethiopia moved into a close relationship with the Soviet Union and its allies and supported their international policies and positions until the change of government in 1991. Today, Ethiopia has good relations with the United States and the West, especially in responding to regional instability and supporting counterterrorism efforts.
Ethiopia's relations with Eritrea have remained tense and unresolved following the brutal 1998-2000 border war. The two countries signed a peace agreement in December 2000. A five-member independent international commission--the Eritrea Ethiopia Boundary Commission (EEBC)--issued a decision in April 2002 delimiting the border. In November 2007, the EEBC issued a decision demarcating the border based on map coordinates (typical demarcation based on pillars on the ground had not yet occurred due to disagreement between Ethiopia and Eritrea) and disbanded. Ethiopia does not consider the border to be demarcated, though Eritrea does. In July 2008, the United Nations Mission in Ethiopia and Eritrea (UNMEE) peacekeeping mission was terminated because Eritrean restrictions impeded UNMEE’s ability to operate. Each country has stationed approximately 100,000 troops along the border. Both countries insist they will not instigate fighting, but remain prepared for any eventuality. Ethiopia briefly sent troops a few miles into Eritrea in March 2012 in retaliation for a January 2012 attack on foreign tourists that Ethiopia blamed on a rebel group allegedly backed by Eritrea.
The irredentist claims of the extremist-controlled Council of Islamic Courts (CIC) in Somalia in 2006 posed a security threat to Ethiopia and to the TFG. In December 2006, the TFG requested the assistance of the Ethiopian military to respond to the CIC's growing strength within Somalia. Within a few weeks, the joint Ethiopian-TFG forces routed the CIC from Somalia. Subsequently, Ethiopia stationed troops in Somalia (largely around Mogadishu), awaiting full deployment of the African Union's Mission in Somalia (AMISOM). However, the slow buildup of AMISOM troop levels pushed the Ethiopian Government to announce that its army would withdraw from the country in a matter of weeks. By the end of January 2009, all of its 3,000-4,000 troops had left the country. In December 2011, Ethiopia deployed troops to Somalia to assist the TFG, Kenyan Defense Forces, and AMISOM troops in fighting al-Shabaab.
U.S.-ETHIOPIA RELATIONS
U.S.-Ethiopian relations were established in 1903 and were positive throughout the period prior to the Italian occupation in 1935. After World War II, these ties strengthened on the basis of a September 1951 treaty of amity and economic relations. In 1953, two agreements were signed: a mutual defense assistance agreement, under which the United States agreed to furnish military equipment and training, and an accord regularizing the operations of a U.S. communication facility at Asmara. Through fiscal year 1978, the United States provided Ethiopia with $282 million in military assistance and $366 million in economic assistance in agriculture, education, public health, and transportation. A Peace Corps program emphasized education, and U.S. Information Service educational and cultural exchanges were numerous.
After Ethiopia's revolution, the bilateral relationship began to cool due to the Derg's linkage with international communism and U.S. revulsion at the Derg's human rights abuses. The United States rebuffed Ethiopia's request for increased military assistance to intensify its fight against the Eritrean secessionist movement and to repel the 1977 Somali invasion of Ethiopia. In July 1980, the U.S. Ambassador to Ethiopia was recalled at the request of the Ethiopian Government, and the U.S. Embassy in Ethiopia and the Ethiopian Embassy in the United States were headed by Charges d'Affaires. The International Security and Development Act of 1985 prohibited all U.S. economic assistance to Ethiopia with the exception of humanitarian disaster and emergency relief.
With the downfall of the Mengistu regime, U.S.-Ethiopian relations improved dramatically. Legislative restrictions on assistance to Ethiopia other than humanitarian assistance were lifted. Diplomatic relations were upgraded to the ambassadorial level in 1992. Total U.S. Government assistance, including food aid, between 2000 and 2011 was $6.226 billion. In FY 2011 the U.S. Government provided $847 million in assistance, including more than $323 million in food aid.
Today, Ethiopia is an important regional security partner of the United States. U.S. development assistance to Ethiopia is focused on reducing famine vulnerability, hunger, and poverty and emphasizes economic, governance, and social sector policy reforms. Some military training funds, including training in such issues as the laws of war and observance of human rights, also are provided but are explicitly limited to non-lethal assistance and training.
9-11 PROSECUTION AS IT STANDS TODAY
FROM: U.S. DEPARTMENT OF DEFENSEBy Cheryl Pellerin
American Forces Press Service
WASHINGTON, Aug. 21, 2012 - Three months after the arraignment of Khalid Sheikh Mohammed and his four co-defendants, those accused of planning and executing the 9/11 terrorist attacks will be back in court this month for hearings on motions made by the defense and prosecution.
Army Brig. Gen. Mark S. Martins, chief prosecutor in the Office of Military Commissions, is overseeing the trial in the case of the United States vs. Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi.
Martins is a graduate of the U.S. Military Academy and Harvard Law School and is a Rhodes scholar.
"The military commission convened to try the charges referred to it against [the defendants] will hold what are known under the Military Commissions Act of 2009 as sessions without panel members present," Martins told American Forces Press Service.
The sessions will take place at Naval Station Guantanamo Bay, Cuba, Aug. 22-24 and Aug. 26-28.
"Such sessions -- in the same manner that a federal district court hearing a criminal case will do prior to the seating of a civilian jury -- enable the hearing of various matters in an orderly, methodical way for resolution by the judge prior to trial," he added.
What the chief prosecutor described as an adversarial process is consistent, Martins said, with the fair, transparent and accountable administration of justice under the rule of law.
The charges allege that the co-defendants are responsible for planning and executing the attacks of Sept. 11, 2001, in New York, Washington and Shanksville, Pa., resulting in the deaths of 2,976 people.
During a 13-hour arraignment in a secure courtroom at Guantanamo Bay in May, the five were charged with terrorism, conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft.
Before evidence can be presented, "particularly in a complex, joint trial such as this one figures to be, many matters must be addressed and placed on the record," the chief prosecutor said, adding that this session is being called to consider 24 or so motions made by the defense and the prosecution.
Martins emphasized that the charges are only allegations and that the accused are presumed innocent unless proven guilty beyond a reasonable doubt.
In terms of the motions to be heard, he added, each piece of business must receive due deliberation.
"Some of the motions by the defense allege jurisdictional error, which means that if the defense position were to prevail, the commission would lack the authority to proceed," Martins explained.
"The prosecution's position, not surprisingly, is in opposition to these motions," he added.
In some of its motions, he said, the prosecution is seeking standard protective orders necessary to ensure that certain materials provided to the defense in discovery are not publicly released. These include classified information protecting sources and methods of intelligence gathering, information about terrorist organizations, certain privacy information, and several categories of information routinely protected in the public interest, the chief prosecutor said.
Martins advised media members who hear continuing complaints from defense counsel in the sessions about a lack of resourcing and the difficulty of forming effective attorney-client relationships to "seek out additional perspectives, including by reading government submissions to the court on the matter and by reviewing facts about resources provided, counsel and investigative hours billed and paid, numbers of flights to Guantanamo available and not taken, opportunities for communication with client through a privilege team, and similar empirical data."
The judge intends to hear arguments from legal counsel for the American Civil Liberties Union and several media organizations regarding public access to the proceedings, Martins said.
"The prosecution supports the judge hearing such argument and is facilitating counsel's travel to Guantanamo for this purpose," he said. "The trial process only benefits from the increased public-access measures that have been put in place, including closed-circuit transmission of the proceedings to the continental United States and same-day posting of unofficial, verbatim transcripts of each session."
But, he added, "the prosecution opposes departure from the public-access rules used in U.S. federal district courts and military courts-martial, while ACLU and the media organizations seek such a departure in desiring the proceedings to be televised."
No federal criminal trial or military court-martial has ever been televised, the chief prosecutor noted, "on the rationale that televising trials would violate the balance between the public's manifest interest in observing the workings of government and other important public interests, including the fair administration of justice."
The existing public-access rule, he added, "incorporates the value that criminal trials are foremost about ascertaining the truth, determining the innocence or guilt of the accused, and, if the accused is convicted, arriving at a just sentence."
While the 9/11 attacks have been heavily chronicled, Martins said, "the process of seeking accountability under law for the crimes of that day remains unfinished."
In the months ahead, more sessions without panel members will likely be held to deal with legal and evidentiary issues, he added.
"As the accused and their counsel have yet to receive hundreds of thousands of pages of discovery, ... these sessions are part of a court process that will likely take many additional months," Martins said.
"It is an important guarantee of fairness that an accused can examine the evidence against him or her, and ... have access to any information that might tend to exculpate or, if convicted, lessen the appropriate punishment," the chief prosecutor explained.
The claim has been made that the many motions and the likely length of the process show that military commissions are unsettled and that such extensive litigation would never happen in an established civilian court, Martins said.
"Such claims are mistaken," he added. "The judge in this case will consider the facts and apply a well-developed body of law and precedent. That is what courts do, and that is why records of trial and law books containing case precedents are fat," he said.
As an example, Martins cited the case of Zacarias Moussaoui, a French citizen and self-proclaimed al-Qaida operative who was tried in federal district court in Virginia and in 2006 received a sentence of life in prison.
"The federal judge considered hundreds of motions over the course of a four-year, four-month trial," the chief prosecutor said of the Moussaoui trial, adding that the case produced 1,900 docket entries and some 1,200 exhibits.
"However long the journey," Martins said, "the United States is committed to fair and thorough trial of these serious charges."
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