REMEMBERING DR. MARTIN LUTHER KING

FROM: U.S. DEPARTMENT OF DEFENSE

August 28th, 2012 Posted by Tracy Russo

Remembering Dr. King's Dream

The following post appears courtesy of Tom Perez, Assistant Attorney General for the Civil Rights Division.

Forty-nine years ago today, hundreds of thousands of Americans gathered in National Mall for the March on Washington. United and unrelenting, they called on our nation to live up to its fundamental ideals of limitless opportunity and of liberty and equality for all.

In the shadow of the Lincoln Memorial, Dr. Martin Luther King Jr. shared his "Dream" of a more just, more free, and more perfect union. His presence showcased the difference that a single individual can make. His vision stirred Americans of all ages, races, and backgrounds into action. And his speech established the creed that guided those committed to the cause of justice and equality.

Dr. King declared:
"Now is the time to make real the promises of democracy . . . now is the time to make justice a reality for all God’s children."
　 Those words were true in 1963, and they remain just as true today. So as we join to remember the immense sacrifice front line generals like Dr. King made in the face of bigotry and violence, we are also presented with an important opportunity to rededicate ourselves to their noble cause and to forge ahead.

In the nearly five decades since the March, there is no question that America has made great strides on freedom’s trail. There’s no doubt that if Dr. King were here with us today, he would feel a great sense of accomplishment at the steps we have taken toward his fulfilling his vision of racial, social, and economic justice.

Last week, U.S. Attorney Joyce Vance and I announced the formation of the new Civil Rights Enforcement Unit in the Northern District of Alabama. There, I spoke of how the new unit will enhance the ability of the U.S. Attorney to carry on Dr. King’s legacy. Steps away from where we spoke, in the Birmingham Civil Rights Institute, stood a replica of the jail cell where Dr. King wrote his letter from Birmingham nearly half a century ago. It was a powerful reminder of all we carry forward.

It was also a reminder of how far we have left to travel. If Dr. King were here today, I have no doubt that he would be leading efforts across the country to combat violence against Sikhs, Muslims, and other religious minorities. He would continue to fight for equal education opportunity for all students. He would continue efforts to ensure that all eligible Americans have the right to vote, the most fundamental and powerful right in our democracy.

Living in Dr. King’s legacy, we take very seriously our responsibility to enforce civil rights laws in a wide array of contexts. We continue to prosecute hate crimes, expand educational opportunities, ensure workplace fairness, and address longstanding and emerging civil rights challenges. And we continue to review state voting laws carefully and independently to ensure that every eligible voter can take part in the democratic process. That is why we have taken vigorous steps to defend citizens’ voting rights by enforcing laws that protect servicemembers and overseas citizens’ right to vote; that make sure no citizen is excluded from the electoral process because of language barriers; that increase the number of eligible citizens who register to vote, and that ensure accurate registration lists; and that require non-discrimination on the basis of race when setting voting rules and drawing district lines.

In short, Dr. King would not rest. He would be the first to remind us that there is still more to do, because for so many of our neighbors, true equal opportunity and true equal justice remain just out of reach.

As the Assistant Attorney General for the Civil Rights Division, it is my privilege and duty to continue Dr. King’s journey to fight such injustice. And despite the challenges before us, I am proud to report that under this Administration, the critical work of the Civil Rights Division – to expand opportunity for all people, to safeguard the fundamental infrastructure of our democracy, and to protect the most vulnerable among us – has never been stronger.

The unfinished struggle for equal opportunity and justice is one in which we all have a part. Today, we remember the legacy of the heroes of the civil rights movement together, and Dr. King’s dream serves as our most powerful guidepost. The best tribute we can pay to those heroes is to continue protecting all they achieved, to aggressively and fairly enforce our all of our nation’s civil rights laws, and, as Dr. King said forty-nine years ago today, to "always march ahead."

THE MARINES: WHERE LEADERS ARE MADE

FROM: U.S. DEPARTMENT OF DEFENSE
Marine Corps Pvt. Zachery T. Douthitt at Camp Pendleton, Calif., Aug.14, 2012. Marine Corps photo by Cpl. Walter Marino III.


Marine Recruit Strives for Leadership Role
By Marine Corps Cpl. Walter Marino III
Marine Corps Recruit Depot San Diego SAN DIEGO, Aug. 24, 2012 - Most everyone sets goals for their lives. Marine recruits are no different, and many enter training hoping to earn a leadership position. However, goals sometimes take more time to achieve than expected and for one recruit, it took most of boot camp to get within reach of a leadership billet.
 Throughout recruit training, Marine Corps Pvt. Zachery T. Douthitt, Platoon 3242, Lima Company, 3rd Recruit Training Battalion, strived to be a squad leader or guide. Unfortunately, it wasn't until the later stages of training that his drill instructors noticed his upstanding character.  "He's been a good recruit this whole cycle," said Sgt. Alanser Uruo, the platoon's senior drill instructor. "He always puts out in all the events, whether it's physically training, drill or guided discussions."
 Out of a platoon of 60 recruits, only four are selected as squad leaders and one as platoon guide.
 At 5 feet 4 inches, Douthitt, a 20-year-old native of Muncie, Ind., is one of the smaller recruits in his platoon. He also has a calm demeanor and is soft spoken. While that didn't make him a bad recruit, it did make it harder for him to get noticed.
 "I always tried to show leadership characteristics," said Douthitt. "I don't know why I wasn't picked. I hope to get recognized after boot camp to show I did give everything I have."
 Uruo said that it's possible for Douthitt to pick up a leadership role in the Corps if he does three things: "All he has to do is stand out, be more vocal [and] take more initiative."
 Although Douthitt was a good recruit, Uruo said, it took until the second and third phase of recruit training to notice his outstanding positive and humble character.
 "If I wanted to know how the platoon was doing, I would ask him. That's how much confidence I have in him," said Uruo. "The way he presents himself, his mannerisms, motivates other recruits. He has really good character and is a humble recruit."
 As the weeks passed in training, Uruo said Douthitt's positivity and motivation became obvious, particularly when he would consistently provide input during recruit classes and direct fellow recruits to improve.
 However, Uruo said, by that time it was too late in the game to switch up the leadership roster.
 Fellow recruits called Douthitt a positive light and someone who always helped others during stressful times.
　
"He would help me when I was struggling," said Pvt. Justin E. Duncan, one of Douthitt's platoon mates. "I remember telling him that I didn't know what I was doing here and he told me basically to keep my eyes on the prize of becoming a Marine."
 Although Douthitt did not reach his goal of holding a leadership billet in recruit training, he said it hasn't discouraged him from continuing to excel. Douthitt believes he can earn it during his time in the Marine Corps.
 "He's been that positive person that people have looked up to," said Duncan. "Yeah he's not a squad leader now but if he continues the way he is there is no doubt in my mind he's going to accomplish big things."
 Douthitt said that not being picked as squad leader didn't affect him; it instead drove him to try harder to help others and to be someone to look up to.
 "I'm not going to let my efforts stop here in boot camp," said Douthitt. "I'm going to keep trying to do my best."
 Douthitt is the son and brother of former Marines, and, he said, he plans on passing on to his kids the values of honor and courage he learned in recruit training.

Astronauti alla ricerca di vita sotterranea in Sardegna

Astronauti alla ricerca di vita sotterranea in Sardegna

ISAF NEWS FROM AFGHANISTAN

Photo Credit:  U.S. Navy
FROM: U.S. DEPARTMENT OF DEFENSE
Combined Force Arrests Taliban Weapons Supplier
From an International Security Assistance Force Joint Command News Release

KABUL, Afghanistan, Aug. 29, 2012 - An Afghan and coalition security force arrested a Taliban weapons supplier during an operation in the Andar district of Afghanistan's Ghazni province today, military officials reported.

The weapons supplier provided Taliban leaders in Ghazni with improvised explosive devices, other weapons and ammunition, officials said.

The security force also detained two additional suspected insurgents during the operation.

Also today, a combined force arrested a Taliban leader and detained two other suspects in the Kandahar district of Kandahar province. The Taliban leader distributed weapons and explosives to Taliban fighters. He also is suspected of being involved in planning the assassination of an Afghan government official in Kandahar.

In an operation yesterday in the Lashkar Gah district of Helmand province, a combined force found mortar rounds, two IEDs, bomb-making equipment, and 7,716 pounds of ammonium nitrate, a compound used to produce homemade explosives.

TWO MILLION GALLONS OF RETARDANT DROPPED FOR FIRE SEASON

FROM: U.S. DEPARTMENT OF DEFENSEA Modular Airborne Fire Fighting System-equipped C-130 drops retardant on a section of the Waldo Canyon fire near Colorado Springs, Colo., June 26, 2012. Air Force Reserve and Air National Guard MAFFS-equipped C-130s have exceeded 2 million gallons of fire retardant dropped during the 2012 wildfire season. U.S. Air Force photo by Tech. Sgt. Thomas J. Doscher

 C-130 Firefighting Effort Reaches Milestone

By Ann Skarban
302nd Airlift Wing
PETERSON AIR FORCE BASE, Colo., Aug. 28, 2012 - Defense Department Modular Airborne Fire Fighting System-equipped C-130s reached a major mission milestone Aug. 24 by dropping the 2 millionth gallon of retardant for the season.

MAFFS 5, assigned to the Air Force Reserve Command's 302nd Airlift Wing here, dropped the record-breaking gallon during its third sortie of the day battling the Halstead fire north of Stanley, Idaho.

The same day, the 1 Wyoming Air National Guard's 53rd Airlift Wing also provided aerial firefighting support to the Halstead fire, and additional MAFFS-equipped C-130s flew in support of firefighting efforts in California and Oregon.

Leaders of the 153rd Air Expeditionary Group in Boise, Idaho, said this season has become the third-highest in MAFFS history for gallons dropped, surpassed only by 1994 and 2000, when about 5 million gallons and 2.1 million gallons, respectively, were dropped.

"This has been an extremely challenging year, with several large fires and severe drought conditions," said Air Force Col. Jerry Champlin, 153rd Air Expeditionary Group commander. "Our MAFFS aircrews and aircraft maintainers have been working long hours every day to help with the initial attack and suppression of several wildland fires throughout the Western region of the country."

MAFFS-equipped C-130s have been activated since June 25, when they were requested by the U.S. Forest Service for assistance in the Rocky Mountain area. Their first missions included fire suppression support for the costliest fire in Colorado's history.

Throughout the 2012 season, MAFFS C-130s have been flying out of a number of tanker base locations, moving MAFFS operations closer to the fires as needed. Tanker bases in 2012 included locations in Colorado, Wyoming, Nevada, Idaho, California, Montana and Oregon.

This year, MAFFS has supported firefighting efforts in California, Colorado, Idaho, Montana, Nevada, Oregon, South Dakota, Utah, Washington and Wyoming.

"The Air National Guard and Air Force Reserve MAFFS aircrews and support personnel have been extremely flexible, responding to short-notice changes to the MAFFS mission including tanker base relocations throughout this year," Champlin said. Through Aug. 27, the MAFFS fleet had released more than 2,152,603 gallons of fire retardant during 899 drops on fires in 10 states.

MAFFS is a joint DOD and U.S. Forest Service program designed to provide additional aerial firefighting resources when commercial and private air tankers are no longer able to meet the needs of the forest service. The system can discharge 3,000 gallons of water or fire retardant in less than five seconds, covering an area one-quarter of a mile long by 100 feet wide. Once the load is discharged, it can be refilled in less than 12 minutes.

The MAFFS-equipped C-130s are operated by four military units: the 153rd Airlift Wing, Wyoming Air National Guard; 146th Airlift Wing, California Air National Guard; 145th Airlift Wing, North Carolina Air National Guard; and the 302nd Airlift Wing, U.S. Air Force Reserve Command.

This is the first year since 2008 that all four MAFFS wings have been activated simultaneously, officials said.

FDIC-INSURED BANKS EARN $34.5 BILLION IN SECOND QUARTER

 FROM: FEDERAL DEPOSIT INSURANCE CORPORATION
FDIC-Insured Institutions Earned $34.5 Billion in The Second Quarter of 2012
Loan Balances Increased by $102 Billion

Commercial banks and savings institutions insured by the Federal Deposit Insurance Corporation (FDIC) reported aggregate net income of $34.5 billion in the second quarter of 2012, a $5.9 billion improvement from the $28.5 billion in profits the industry reported in the second quarter of 2011. This is the 12th consecutive quarter that earnings have registered a year-over-year increase. Lower provisions for loan losses and higher gains on sales of loans and other assets accounted for most of the year-over-year improvement in earnings. Also noteworthy was an increase in loan balances for the fourth time in the last five quarters.

"The banking industry continued to make gradual but steady progress toward recovery in the second quarter," FDIC Acting Chairman Martin J. Gruenberg said. "Levels of troubled assets and troubled institutions remain high, but they are continuing to improve. After declining in the first quarter, loan balances once again expanded in the second quarter — extending a positive trend that began in 2011. Most institutions are profitable and are improving their profitability. All of these trends are consistent with the moderate pace of economic growth that has occurred over the past year."

Almost two-thirds of all institutions (62.7 percent) reported improvements in their quarterly net income from a year ago. Also, the share of institutions reporting net losses for the quarter fell to 10.9 percent from 15.7 percent a year earlier. The average return on assets (ROA), a basic yardstick of profitability, rose to 0.99 percent from 0.85 percent a year ago.

Second-quarter loss provisions totaled $14.2 billion, more than 26 percent less than the $19.2 billion that insured institutions set aside for losses in the second quarter of 2011. Net operating revenue (net interest income plus total noninterest income) totaled $165.4 billion, an increase of $1.3 billion (0.8 percent) from a year earlier, as gains from loan sales rose by $3.0 billion. In addition to the increase in net operating revenue, realized gains on investment securities and other assets were $1.7 billion higher than in the second quarter of 2011.

Asset quality indicators continued to improve as insured banks and thrifts charged off $20.5 billion in uncollectible loans during the quarter, down $8.4 billion (29.1 percent) from a year earlier. The amount of noncurrent loans and leases (those 90 days or more past due or in nonaccrual status) fell for a ninth consecutive quarter, and the percentage of loans and leases that were noncurrent declined to the lowest level in more than three years (since the first quarter of 2009).

Financial results for the second quarter of 2012 are contained in the FDIC's latest Quarterly Banking Profile, which was released today. Also among the findings:

Total loan balances increased. Loan balances posted their fourth quarterly increase in the last five quarters, rising by $102 billion (1.4 percent). Loans to commercial and industrial borrowers increased by $48.9 billion (3.6 percent), while residential mortgages rose by $16.6 billion (0.9 percent) and credit card balances grew by $14.7 billion (2.3 percent). However, balances of real estate construction and development loans fell by $10.9 billion (4.8 percent), and home equity lines of credit declined by $10.2 billion (1.7 percent). "This quarter's return to loan growth is an encouraging development, but we will have to wait and see if the trend toward increased lending can be sustained," Acting Chairman Gruenberg said.

The flow of money into deposit accounts continued to slow. Total deposits increased by $61.6 billion in the second quarter, after rising by $74.7 billion in the first quarter and $186 billion in the fourth quarter of 2011. Deposits in domestic offices increased by $88.1 billion, while deposits in foreign offices declined by $26.5 billion. The amount of deposits exceeding $250,000 in noninterest-bearing transaction accounts, which have temporary unlimited coverage under the Dodd-Frank Act, increased by $65.7 billion in the second quarter after declining by $85.8 billion the previous quarter.

The number of "problem" institutions fell for the fifth quarter in a row. The number of "problem" institutions declined from 772 to 732. This is the smallest number of "problem" banks since year-end 2009. Total assets of "problem" institutions declined from $292 billion to $282 billion. Fifteen insured institutions failed during the second quarter. This is the smallest number of failures in a quarter since the fourth quarter of 2008, when there were 12. Another nine banks have failed so far in the third quarter, bringing the total for the year to date to 40. At this point last year, there had been 68 failures.

The Deposit Insurance Fund (DIF) balance continued to increase. The unaudited DIF balance — the net worth of the fund — rose to $22.7 billion at June 30 from $15.3 billion at the end of March. The increase included $4.0 billion previously set aside for debt guarantees under the FDIC's Temporary Liquidity Guarantee Program. Assessment revenue and fewer expected bank failures also continued to drive growth in the fund balance. The contingent loss reserve, which covers the costs of expected failures, fell from $5.3 billion to $4.0 billion during the quarter. Estimated insured deposits grew 0.7 percent in the second quarter.

U.S. DROUGHT ASSESSMENT AS OF MID-AUGUST 2012

 

FROM:  U.S.  NATIONAL WEATHER SERVICE

Latest Seasonal Assessment -

Drought covered over 60 percent of the contiguous 48 states as of mid-August 2012, although significant expansion finally halted during the last couple of weeks. Still, almost one-quarter of the country was experiencing extreme to exceptional drought (D3 – D4 on the Drought Monitor), primarily in a large swath generally extending from the central Rockies eastward through the Mississippi and Ohio River Valleys. Many locations from Indiana, the western reaches of Tennessee and Kentucky, and Arkansas westward through parts of Iowa, central Kansas, and eastern Oklahoma received 8 to 12 inches less precipitation than normal April 1 – August 14, 2012, with a few areas reporting deficits exceeding one foot. According to the U.S. Department of Agriculture, 51 percent of the corn crop was in poor or very poor condition across the 18 primary corn-producing states, as was 48 percent of sorghum (11 primary producing states) and 38 percent of soybeans (18 states). For the contiguous 48 states as a whole, 59 percent of pastures and rangelands were in poor or very poor condition, with 4 states reporting more than 90 percent of their pastures and rangelands in poor or very poor condition (Missouri 98 percent, Illinois 94 percent, Nebraska 92 percent, Kansas 90 percent) and another 6 states topping 85 percent. The Drought Outlook valid through the end of November 2012 indicates drought conditions will remain essentially unchanged in large sections of the central Mississippi Valley, the central and southwestern Great Plains, most of the High Plains, the central Rockies, the Great Basin, and parts of the Far West, though the seasonal declines in temperatures, evaporative moisture loss, and water demand should preclude any widespread worsening of conditions. At least some improvement is forecast for much of the central Rockies, the Southwest, the southern Great Plains, the Ohio Valley, the Great Lakes region, the upper Midwest, and the eastern tier of states. In Hawaii, the odds favor cooler- and drier-than-normal conditions through the rest of the year as a whole, which should cause drought to persist and expand through most of the state except for eastern sections of the Big Island. The developing El Niño episode, expected to last through the winter, could begin to bring above-normal precipitation to parts of the southern and eastern states late in the period.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
Sailors perform routine maintenance on tomahawk cruise missile launchers aboard the guided-missile destroyer USS James E. Williams (DDG 95). James E. Williams is deployed to the U.S. 5th Fleet area of responsibility conducting maritime security operations, theater security cooperation efforts and support missions for Operation Enduring Freedom. U.S. Navy photo by Mass Communication Specialist 3rd Class Daniel Meshel (Released) 120823-N-NL401-011

120827-N-KA046-348 NORFOLK (Aug. 27, 2012) A "Hellfire" air-ground-missile 114K launches from an MH-60 Sea Hawk helicopter assigned to Helicopter Combat Squadron (HSC) 28 during a training exercise. (U.S. Navy photo by Mass Communication Specialist 3rd Class James R. Turner/Released

AGRICULTURAL INDUSTRY BEING SUPPORTED BY LARGE DEFENSE DEPARTMENT PURCHASES

Photo Credit:  USDA.
FROM: U.S. DEPARTMENT OF DEFENSE

DLA Orders Six-month Meat Supply to Aid Industry
From a Defense Logistics Agency News Release

PHILADELPHIA, Aug. 28, 2012 - At the direction of the president, the Defense Logistics Agency is procuring a six-month meat supply for its Defense Department customers to provide relief to the drought-stricken agriculture industry.

The DLA Troop Support Subsistence supply chain is asking its top three prime vendors to purchase, store and distribute beef, pork, lamb, chicken and catfish items, said Tom Daley, deputy director. He estimated the purchases will amount to more than $100 million.

In 2011, DLA Troop Support Subsistence provided 95 million pounds of beef, 68 million pounds of pork, 500,000 pounds of lamb, 55 million pounds of chicken and 2 million pounds of catfish to the U.S. military services and other DOD agencies all over the world.

"Dining facility menus will not be affected by this purchase," Daley said. "A soldier ... in Afghanistan won't notice anything different when eating a grilled cheeseburger or baked chicken. The warfighter will continue to receive healthy, wholesome and nutritious meals."

DLA Troop Support Subsistence officials are negotiating with prime vendors on additional storage and distribution fees, estimated to be between $2.4 million and $3.3 million. As they do for all food products, the prime vendors will store the additional meat, which will be frozen to maximize shelf life.

Purchases will be based on forecast demand. The organization also is working with the suppliers to identify the specific meat items to purchase.

"We are focusing on high-demand items with long shelf life and items that will make an immediate impact on the industry," Daley said.

DLA Troop Support Subsistence is working with the Joint Subsistence Policy Board to keep the military services informed as it finalizes purchase details. Officials also are working with the board, made up of service food advisors, to determine standardized meat pack sizes and other details.

One of five DLA Troop Support supply chains, Subsistence ensures that service members and other DOD customers around the world have high-quality, nutritious meals daily.

As a Defense Department combat support agency, DLA provides the Army, Navy, Air Force, Marine Corps, other federal agencies, and joint and allied forces with a variety of logistics, acquisition and technical services. The agency sources and provides nearly 100 percent of the consumable items America's military forces need to operate -- from food, fuel and energy to uniforms, medical supplies, and construction and barrier equipment. DLA also supplies more than 80 percent of the military's spare parts.

Headquartered at Fort Belvoir, Va., DLA has about 27,000 employees worldwide and supports more than 2,210 weapon systems.

NORAD WATCHING OVER REPUBLICAN CONVENTION

Photo Credit:  U.S. Air Force.
FROM: NORTH AMERICAN AEROSPACE DEFENSE COMMAND


Law Enforcement, Public Safety Agencies Announce Security Restrictions, Transportation Plan for 2012 Republican, Democratic National Conventions
Aug. 16, 2012
PETERSON AIR FORCE BASE, Colo. - The U.S. Secret Service released the security restrictions and transportation plans for the 2012 Republican and Democratic National Conventions.

Security and transportation plans for the conventions have been developed by a partnership of local, state and federal law enforcement and public safety agencies. These plans provide the general outlines for road closures, vehicular restricted zones, public transportation, charter vehicles and pedestrian routes.

The 2012 Republican National Convention (RNC) will be held in Tampa, Florida from August 26-30, 2012. The 2012 Democratic National Convention (DNC) will be held in Charlotte, North Carolina from September 4-6, 2012. Both events have been designated as National Special Security Events by the U.S. Department of Homeland Security.

TWO CONVICTED FOR ATTEMPT TO SCAM A WEALTHY INVESTOR OUT OF $1 BILLION

FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, August 28, 2012
Two Investment Advisors Convicted in California of High Yield Investment Fraud

WASHINGTON – William J. Ferry, a former stock broker and investment advisor, and Dennis J. Clinton, a former real estate investment manager, were found guilty by a federal jury in Santa Ana, Calif., today for their roles in a conspiracy to defraud a wealthy investor of $1 billion in a high-yield investment fraud scheme, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division. The investor was, in reality, part of an undercover FBI team that posed as wealthy investors and investment managers in an effort to stop fraudsters before they actually harmed victims.

"Mr. Ferry and Mr. Clinton tried to dupe undercover agents into believing their high-yield investment program would earn them extremely high rates of return," said Assistant Attorney General Breuer. "In fact, Ferry and Clinton were conspiring to steal their money, along with the money of trusting investors. Undercover operations are an integral part of our efforts to stop financial fraudsters before they wipe out the life savings of innocent victims. Based on today’s verdict, the defendants will now pay a heavy price for their conduct."

Ferry, 70, of Newport Beach , Calif., and Clinton, 64, of San Diego, were each found guilty in U.S. District Court for the Central District of California of one count of conspiracy, two counts of mail fraud and six counts of wire fraud. They face a maximum penalty of 20 years in prison on each fraud count. They will be sentenced on Feb. 1, 2013.

Paul R. Martin, a former senior vice president and managing director of Bankers Trust, was found guilty in U.S. District Court for the Central District of California for his role in the scheme in a separate trial on Aug. 3, 2012. Martin, 63, of New Jersey, was convicted of one count of conspiracy, two counts of mail fraud and six counts of wire fraud. At sentencing, scheduled for Feb. 1, 2013, Martin faces a maximum penalty of 20 years in prison on each fraud count.

On Aug. 21, 2008, Ferry, Clinton and Martin were indicted along with Oregon resident John Brent Leiske, Canadian citizen and resident Alex Chelak, Iowa resident Richard Arthur Pundt, California resident Brad Keith Lee and Florida resident Ronald J. Nolte.

Evidence at trial established that, from February to December 2006, Ferry, Clinton, Martin and others conspired to promote a high-yield investment fraud scheme promising an extremely high return at little or no risk to principal. The defendants claimed that their high-yield investment program (HYIP) was a "Fed trade program" regulated by the "Fed" (Federal Reserve Bank), that they had to follow strict Fed guidelines, and that a Fed trade administrator administered their program, with compliance duties handled by a Fed compliance officer.

Investors also were told that once they had passed compliance, they would become registered in Washington, D.C., with the Fed. The defendants falsely represented to FBI undercover agents that they would arrange for them to meet a Federal Reserve official and/or the chairman of the board of a major U.S. bank to confirm the existence of the defendants’ HYIP. The defendants falsely claimed that these Fed investment programs existed primarily to generate funds for project funding and humanitarian purposes, such as Hurricane Katrina relief. They further falsely claimed that the promised profits from investing in a Fed program had to be divided, in equal amounts, with one portion going for some humanitarian purpose, another portion for some kind of project financing, and the remainder to the investor. The defendants represented to the undercover agents that the agents’ offshore bank account would be managed by a Swiss banker who was already managing billions of dollars for the defendants. In the scheme: Ferry acted as an underwriter and member of the compliance team; Martin acted as a banking expert; Clinton acted as a troubleshooter during the compliance phase and transfer of funds to the Swiss banker; Lee acted as the contact with the Swiss banker; and Leiske acted as the trader. Chelak is charged with having acted as a compliance officer.

On April 13, 2009, Lee pleaded guilty to wire fraud and conspiracy to commit mail and wire fraud. On Jan. 11, 2010, he was sentenced to 24 months in prison.

Leiske’s case was transferred to the District of Oregon, where he pleaded guilty to all counts on Jan. 24, 2012. He is scheduled to be sentenced on Sept. 19, 2012.

Nolte was acquitted today of all charges by a jury in the Central District of California. In August 2010, charges against Pundt were dismissed by the government.

Chelak remains a fugitive.

This continuing investigation is being conducted by the FBI. This case is being prosecuted by Senior Trial Attorney David Bybee and Trial Attorney Fred Medick of the Justice Department Criminal Division’s Fraud Section.

GSA SAYS IT SAVED OVER $11 MILLION WITH TRAVEL AND CONFERENCE REFORMS

FROM: GENERAL SERVICES ADMINISTRATION

GSA Saves More Than $11 Million in Initial Travel and Conference Reforms

August 27, 2012

WASHINGTON — Today, the U.S. General Services Administration announced that the agency is projected to save more than $11 million in taxpayer dollars through an initial set of policies implemented in April 2012 by the new head of the agency, Dan Tangherlini, to cut travel and conference costs. A financial audit showed that since April 2012 and through the rest of the fiscal year, more than $11 million has been saved in meetings, conferences, trainings and travel costs. This is just one step in the ongoing top to bottom review of all agency operations.

"Four months ago we began a rigorous top to bottom review of all agency operations. We've made significant cuts in travel and conference spending and these savings are just the beginning," said GSA Acting Administrator Tangherlini. "We are deepening our commitment to promoting efficiency, driving steeper bargains, delivering better value, and creating greater opportunities for savings here at GSA and across the government."

To date, GSA has cancelled 47 conferences and implemented strong oversight to ensure that all travel and events are limited to necessary and essential functions. Tangherlini has consolidated oversight of conference and travel expenses in the new Office of Administrative Services.

Recently, Tangherlini also cut $500,000 in executive bonuses and instituted a hiring freeze across the agency through the end of the fiscal year while his review of all agency operations is underway.

The new leadership at GSA will continue to make changes to make the agency more accountable, transparent, and efficient as part of the ongoing top to bottom review.

ISAF NEWS FOR AUGUST 27, 2012

FROM:  U.S. DEPARTMENT OF DEFENSE

Several Key Taliban Leaders Killed, Captured

Compiled from International Security Assistance Force Joint Command News Releases

KABUL , Aug. 27, 2012 - The National Directorate of Security and coalition forces has confirmed that the mid-level Taliban leader, Haji Padcha, was one of several insurgents detained during an operation in Kandahar province's Spin Boldak district Aug. 23. Padcha was a weapons facilitator responsible for supplying insurgents with the rockets used in numerous attacks against Kandahar Airfield.

-- A combined force detained several suspected Taliban insurgents in Logar province's Pul-e 'Alam district yesterday. The detained individuals are suspected of being involved in an Aug. 25 attack against an Afghan and coalition installation in Logar province. During the operation, the security force also seized ammunition and military-related equipment.

In Aug. 25 operations:

-- Afghan and coalition officials confirmed that the Tehrik-i Taliban leader Maulawi Dadullah was one of several insurgents killed in a precision airstrike in Kunar province's Shigal wa Sheltan district Aug. 24.

Dadullah, also known as Jamal, was responsible for the movement of fighters and weapons, as well as attacks against Afghan and coalition forces, the officials said.

Dadullah's deputy, Shakir, was also killed in the airstrike.

After the strike, a combined force conducted a post-strike assessment and determined no civilians had been injured and no civilian property had been damaged.

-- Several armed insurgents were killed by a precision airstrike during an operation conducted by a combined force in Kunar province's Marawarah district Aug. 25.

A post-strike assessment determined no civilians had been injured and no property had been damaged.

-- The Zabul Provincial Response Company, supported by coalition troops, was attacked by insurgents Aug. 25 during a search operation in Zabul province's Shah Joy district. The Afghan-led security force engaged the attackers, killing three of them. After the engagement, the security force seized 176 pounds of homemade explosives, three motorcycles, ammunition and a number of weapons.

-- Afghan and coalition officials confirmed Aug. 25 that a Taliban weapons dealer was one of several insurgents detained during an operation in Helmand province's Now Zad district Aug. 22. The weapons dealer was responsible for acquiring weapons and ammunition for Taliban fighters in Marjah and Washer districts. He also directed and led attacks against Afghan and coalition forces.

-- Afghan and coalition officials confirmed Aug. 25 that a Haqqani facilitator was one of several insurgents detained during an operation in Khost district, Khost province, Aug. 19. The Haqqani facilitator planed and coordinated complex attacks against Afghan and coalition forces in Sabari and Khost districts. At the time of his detention, the facilitator was coordinating the shipment of weapons to insurgents for future attacks against Afghan and coalition forces.

-- A combined force arrested a senior Taliban financier in Kandahar province's Kandahar district Aug. 25. The financier oversaw the financial operations for Taliban insurgents and purchased weapons and ammunition for Taliban attacks in the area.

SAPBER IS A BOMB DISMANTLING MACHINE

Photo Credit: DHS. SAPBER is DHS S&T's new low-cost device for dismantling dangerous pipe bombs
　
FROM: U.S. DEPARTMENT OF HOMELAND SECURITY
Dismantling a Pipe Bomb - and Preserving the Evidence

　
multi-tool mobile mechanism from Homeland Security takes the edge off a pipe bomb—literally.
The Department of Homeland Security (DHS) Science and Technology Directorate’s (S&T) new low-cost device for dismantling dangerous pipe bombs may look like a tinkerer’s project, but that’s no accident. The Semi Autonomous Pipe Bomb End-cap Remover (SAPBER) is unassuming in appearance, but sophisticated enough to preserve the forensic evidence needed to track down the perpetrator.

"From ten paces away, you might mistake the contraption for a pressure washer," says S&T Program Manager Christine Lee. "But step closer and you’ll find an ingenious device bristling with four video cameras, radios, a telescoping mast, cutting wheels, a twisting wrist, an electric motor, and a chain-driven gear, all powered by a pair of 12-volt batteries."

Thousands of pipe bombs are made each year, and thousands of pipe bomb threats are called into local police and FBI authorities across the country. Many are false alarms, but those that aren’t can be deadly.

Dismantling a pipe bomb is tricky and serious business, and missteps during the dismantling process can produce catastrophic results. Law enforcement authorities ideally would like to preserve all evidence related to pipe bomb attacks, but the main focus of responders is the safety of the public and current pipe bomb render-safe techniques often limit the amount of evidence that can be collected. Not so with SAPBER (say-ber).

Pipe bombs can be constructed from many different pipe materials, and filled with many different explosive materials. Making it even more challenging, they can also be constructed with shrapnel on the outside. SAPBER is designed to carefully disassemble the pipe bomb without disturbing the deadly explosive materials inside. Once the pipe bomb is dismantled, the filler explosive materials can then be emptied, and both materials and the pipe itself can be preserved as evidence. The SAPBER system is able to use these special techniques on a wide variety of pipes including straight steel, galvanized steel, copper, and PVC plumbing plastic.

The prototype and its remote-control software were developed by RE2 Inc., of Pittsburgh, Pennsylvania. As an operator controls the device from a distance, SAPBER takes the pipe bomb from a bomb-disposal robot, disassembles it, empties the pipe, makes a video, and carefully preserves all of the evidence.

The 140-pound (64-kg) two-wheeler is small enough to squeeze into a current bomb-squad truck while sharing space with a bomb-disposal robot. Once off the truck, SAPBER is towed into place by hand or by the robot. On-scene, the robot lifts the pipe bomb and gently lays it onto SAPBER’s transfer tray to be cleanly disassembled. When the pipe is opened, the material inside—powder, detonator, shrapnel, and all—fall into SAPBER’s collection trough, to be studied later and used as evidence.

In May, SAPBER underwent trials conducted by the S&T Bomb Squad Test Bed at the Army’s Fort Meade. During these trials, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) fabricated "live" pipe bombs for the Baltimore County Police Department Bomb Squad to test in four different, operational scenarios and each operator had to control SAPBER remotely, using the tool’s video feed. The SAPBER system has also been tested using "live" explosives and has gone through an extensive evaluation by several bomb squads including the Allegheny County and Fairfax County Bomb Squads.

"To keep it affordable (currently around $12,000) and easy to maintain, RE2 Inc. designed and built the device from proven commercial parts that are mass-produced and easily replaced," says Lee.

Everything that S&T’s First Responders Group (FRG/R-Tech) funds must appeal to cash-strapped, cost efficient responders. If SAPBER looks more like a boy’s go-cart, and not a sleek racecar, that’s no matter to them. Cost saving is a practice encouraged by S&T’s First Responders Group (FRG), whose R-Tech program funded SAPBER’s development. The final design was shown to the National Bomb Squad Commander’s Advisory Board and municipal bomb squads, and SAPBER proved its mettle—at the conclusion of the user evaluation, two SAPBER prototypes were transferred to ATF to disarm the scores of pipe bombs its agents have confiscated.

Bomb Squad Commander Corporal Robert Conroy of the Baltimore County Police Department – Hazardous Devices Team says: "The most unique feature of the SAPBER is its simplicity and ease of use. Personally, I liked that the operating system was computer based and didn’t require any extra hardware outside of a standard modem and Wi-Fi hotspot (included with the SAPBER). In addition, the ability of the SAPBER to remotely dismantle pipe bombs in various ways is very unique."

According to Cathy Parker, RE2’s Manager of Business Development, "With the SAPBER system, bomb squads will be able to replace dangerous pipe bomb disassembly tools and techniques with a totally remote solution. This tool ushers in a new era of capability for dealing with pipe bombs."

"This means disarming a pipe bomb safely is no longer a pipe dream," says Lee.

FACT SHEET ON US AID TO LIBYA

FROM: U.S. STATE DEPARTMENT

U.S. Government Assistance to Libya
Fact Sheet
Office of the Special Coordinator for Middle East Transitions
Washington, DC
August 14, 2012
The United States has a strategic interest in a stable and prosperous Libya, and is supporting Libya’s democratic transition in cooperation with the UN and other international partners. Recognizing Libya’s own substantial resources, the United States has focused on building Libyan institutions and increasing its capacity to govern effectively, hold free and fair elections, and manage public finances transparently and responsibly. We have also provided targeted assistance to support the development of Libyan civil society and its security forces. Investing modestly in Libya’s future will help further advance Libya’s democratic transition, promote stability, and strengthen the U.S.-Libya partnership.

Since February 2011, the United States has provided $170 million in assistance, mostly in response to urgent humanitarian and security challenges in the immediate aftermath of the beginning of the conflict. We have also focused on supporting capacity building efforts within government institutions, developing civil society, and facilitating free and fair elections. All programs advance key U.S. interests by filling critical capacity gaps within U.S.-Libya identified transition priorities. All projects are being coordinated with the United Nations Support Mission in Libya (UNSMIL).

The United States has also resumed a full range of people-to-people programming and exchanges, to include scholarships, fellowships, English-language education, educational advising, cultural preservation, and short term visits and training in the United States.

Democracy, Governance, Rule of Law, Human Rights

Constitutional Development: The United States, in coordination with the UN, is working with civil society, government, and the media to ensure the process of constitutional development is transparent and participatory to ensure broad public support for the final document. A particular focus will be ensuring the constitution guarantees rights for minorities and women.

Election Management and Administration: The United States provided technical assistance and support for election management and administration, including developing legal electoral frameworks, creating a voter registry, and strengthening the election management body, all in close cooperation with the Government of Libya, the European Union and the UN.

Independent Media: The United States is working to strengthen local and independent media, and to provide training that improves journalistic standards and enhances the ability of Libyan media to report on the activities of government.

Elections Monitoring: The United States contributed support to an international elections observation mission to help ensure electoral transparency and credibility during Libya’s first national elections. The U.S. also provided technical assistance to a network of Libyan partners to organize nationwide domestic elections monitoring efforts.

Political Party Development and Voter Outreach: The United States is providing technical assistance to new political parties as they work to develop the platforms, messages, and core skills needed to effectively participate in public discussion and debate. The United States is also supporting civil society efforts to launch country-wide civic and voter education initiatives.

Supporting New Representative Bodies: The United States is developing programming to support representative bodies at the national and local level, including on developing outreach mechanisms for engaging the public..

Disarmament, Demobilization, and Reintegration: The United States is assisting the Government of Libya in navigating the disarmament, demobilization and reintegration of militia members. Together, the civilian and military elements of the U.S. government are working with the Government of Libya to help them formulate this critical area of programming.

Justice and Security Sector: The United States is working with Libyan authorities to develop ways to support the delivery of justice and security in a manner that promotes democratic values now and as constitutionally determined structures build themselves.

Transitional Justice: The United States is working with government, civil society, and other informal community leaders to build transparent systems for justice and reconciliation in the wake of the revolution. This includes working with the UN Commission of Inquiry's ability to catalogue its documentation of human rights abuses .

NGO Development: The United States is providing technical assistance to NGOs throughout Libya to bolster their administrative, financial, and programmatic capacities. This includes bolstering the ability of local bar associations and advocacy groups to advocate for rule of law reform during the democratic transition.

Forensics and Mass Graves: The United States is providing forensic technical assistance, including mapping human rights and international humanitarian law abuses and preserving evidence by: mapping the number and extent of mass graves; providing technical expertise on forensic-based exhumations; providing training and capacity building to civil society organizations on human rights documentation practices and the use of forensic evidence; and engaging and empowering victims’ groups and families of the missing to ensure that they are a supportive part of the transitional justice process.

Economic Revitalization

Public Financial Management: The United States is providing targeted technical assistance to the Government of Libya to promote financial transparency and improve governance of Libya’s financial and economic resources.

Economic Growth and Trade Facilitation: The United States is providing technical advice to the Government of Libya on public infrastructure-related projects and facilitating meetings with US businesses who can source services and equipment for reconstruction.

Africa Diaspora Marketplace: The United States added Libya to the 2012 African Diaspora Marketplace (ADM) initiative. This public-private partnership encourages sustainable economic growth and employment by supporting U.S.-based diaspora entrepreneurs with startups and established businesses on the African continent.

Women’s Economic Empowerment: The United States is developing an assistance program to bolster economic empowerment opportunities for women by providing business skills training activities to women and key actors in the business community.

Security Assistance

Presidential Drawdown Authority for Non-Lethal Equipment: The United States has provided non-lethal assistance, including personnel protective gear, uniforms, and halal Meals Ready to Eat (MREs), to Government security forces through the Presidential drawdown authority.

Conventional Weapons Destruction: The United States is supporting international mine action NGOs to clear unexploded ordnance and destroy unsecured conventional weapons, including man-portable air defense systems (MANPADs).

Weapons Abatement: The U.S. committed significant assistance for conventional weapons mitigation efforts, including the survey, inventory and disposal of known weapons and ammunition storage sites in Libya.

Border Security Training: The Export Control and Border Security (EXBS) program is resuming engagement with the Government of Libya (GOL) with targeted technical assistance focused on land border security. As part of an overall U.S. Government effort, EXBS developed an approved list of immediate deliverables for near term border security assistance.

Ministry of Defense Advisory Support: The Department of Defense is providing advisory support through the Defense Institution Reform Initiative (DIRI) to the Libyan Ministry of Defense to assist in the process of establishing defense institutions and armed forces that are unified, capable, and subject to civilian control and the rule of law. This effort supports other USG and international initiatives aimed at broader security sector reform.

Chemical weapons security and destruction: The United States has provided support for improving the near-term security of Libya’s chemical weapons and is working closely with the Libyan authorities to facilitate the eventual destruction of these weapons with the oversight of the Organization for the Prohibition of Chemical Weapons..

Health

Support for the War Wounded: The United States facilitated collaboration between the Government of Libya and U.S. hospitals to provide advanced medical treatment to warriors who were severely injured in combat. Currently, the U.S. is assisting the Ministries of Health and Social Affairs in improving the management and technical capacity of the Libyan health care system to care for the war wounded. This assistance includes the development of pairing relationships with U.S. based institutions.

Humanitarian Assistance

Refugee and IDP Relief: In the immediate aftermath of the revolution, the United States provided humanitarian assistance to international organizations and NGOs aiding internally displaced persons, refugees, and migrants in Libya and neighboring countries through health, humanitarian protection, logistics, water, sanitation, and hygiene activities, as well as the distribution of emergency relief supplies and food assistance.

People-to-People Exchanges

Higher Education Task Force: In May 2012, the United States and Libya launched the U.S.-Libya Higher Education Task Force to expand educational exchanges and cooperation.

Fulbright: Libyan students who were scheduled to participate in the Fulbright program prior to the revolution have had their candidacies restored. In the 2012-2013 academic year, Libya will send 14 Fulbright students to the United States—double the size of the previous cohort. Approximately 1,700 Libyans submitted applications for the 14 grants.

Educational Advising: EducationUSA is expanding its virtual and on-the-ground presence to provide educational advising to Libyan students interested in studying in the United States.

English Language: The English Access Microscholarship Program has three active programs in Libya—one in Tripoli and two in Benghazi—with a total of 80 Libyan students ages 14-18. Embassy Tripoli is currently exploring partnerships to further expand the Access Program, as well as other means of meeting the substantial nationwide demand for classes in English as a Second Language.

Cultural Preservation: The United States is providing resources toward a partnership between Oberlin College and the Libyan Department of Antiquities to document and preserve endangered archaeological sites.

International Visitor Leadership Programs (IVLP): Approximately 30 Libyan government officials, youth and civil society representatives, women leaders, and journalists will participate in three-week professional development IVLPs during the FY 2012 fiscal year.

Youth Leadership Program: Libyan high school students will join participants from Egypt and Tunisia for a three-week leadership and cross-cultural exchange in the United States in August 2012.

AUTOMOBILE PARTS MANUFACTURER AGREES TO PLEAD GUILTY TO PRICE FIXING

FROM: U.S. DEPARTMENT OF JUSTICE
Company Agrees to Pay $1 Million Criminal Fine

WASHINGTON — Nagoka, Japan-based Nippon Seiki Co. Ltd. has agreed to plead guilty and to pay a $1 million criminal fine for its role in a conspiracy to fix prices of instrument panel clusters, commonly known as meters, installed in cars sold in the United States and elsewhere, the Department of Justice announced today.

According to a one-count felony charge filed today in the U.S. District Court for the Eastern District of Michigan in Detroit, Nippon Seiki engaged in conspiracies to rig bids for, and to fix, stabilize and maintain the prices of instrument panel clusters sold to an automaker in the United States and elsewhere. According to the court document, Nippon Seiki’s involvement in the conspiracy lasted from at least as early as April 2008 until at least February 2010.

Nippon Seiki manufactures and sells a variety of automotive parts, including instrument panel clusters. Instrument panel clusters are the mounted array of instruments and gauges housed in front of the driver of an automobile. The department said that Nippon Seiki and its co-conspirators carried out the conspiracy by agreeing, during meetings and conversations, to rig bids for, and to fix, stabilize and maintain the prices of instrument panel clusters, sold to an automaker in the United States and elsewhere, on a model-by-model basis.

As part of the plea agreement, which will be subject to court approval, Nippon Seiki has agreed to cooperate with the department’s investigation.

"For nearly two years, Nippon Seiki conspired to sell instrument control panels at collusive and noncompetitive prices, affecting the prices of many automobiles sold in the United States," said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program. "The division will continue to hold companies accountable for these types of anticompetitive practices that harm American consumers."

Including Nippon Seiki, eight companies and 11 executives have been charged in the department’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Furukawa Electric Co. Ltd., DENSO Corp., Yazaki Corp., G.S. Electech Inc., Fujikura Ltd. and Autoliv Inc. pleaded guilty and were sentenced to pay a total of more than $785 million in criminal fines. In July 2012, TRW Deutschland Holding GmbH agreed to plead guilty and is awaiting sentencing. Additionally, seven of the individuals – Junichi Funo, Hirotsugu Nagata, Tetsuya Ukai, Tsuneaki Hanamura, Ryoki Kawai, Shigeru Ogawa and Hisamitsu Takada – have been sentenced to pay criminal fines and to serve jail sentences ranging from a year and a day to two years each. Makoto Hattori and Norihiro Imai have pleaded guilty and await sentencing. Kazuhiko Kashimoto and Toshio Sudo have also agreed to plead guilty.

Nippon Seiki is charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of a $100 million criminal fine for corporations. The maximum fine for the company may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

DEBT PROTECTION FOR SERVICEMEMBERS

FROM: U.S. DEPARTMENT OF DEFENSE

Servicemembers' Civil Relief Act provides debt protection
by Christoph Mlinarchik and Capt. Patrick Clary
21st Space Wing Base Legal Office
8/23/2012 - PETERSON AIR FORCE BASE, Colo. -- According to the U.S. Supreme Court, the purpose of the Servicemembers' Civil Relief Act is to protect "those who dropped their affairs to answer their country's call." SCRA extends the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, which covered a wide range of topics such as foreclosures, evictions, rental agreements, installment contracts, credit card and mortgage interest, civil litigation and income tax.

The policy of SCRA is to ensure those who serve and protect their nation are not unfairly penalized in their private lives by the challenges of military duty. SCRA applies to active duty military members, Reservists, and members of the National Guards. Military life sometimes creates obstacles for military service members to deal with personal, financial, legal and residential aspects of daily life. This article highlights three major SCRA benefits: 6 percent interest rates, terminations of leases, and protections in judicial proceedings.

Section 207 of SCRA mandates that debts incurred prior to entry to active duty must be lowered to no more than 6 percent. This applies to consumer debt, mortgage interest rates, and private student loans but not public, federally-insured student loans. To activate this protection, write a letter to the creditor requesting immediate reduction of the interest rate to 6 percent, and include a short statement of how the service member has been materially affected by military service with a copy of the orders to active duty. Any difference between the higher interest rate and 6 percent will be forgiven and need not be repaid. These benefits can save thousands of dollars over the life of a loan. Remember, this only applies to preservice debt, not debt accrued during military service.

SCRA Section 305 governs terminations of both housing and automobile leases. After receiving permanent change of station or deployment orders for 90 days or more, SCRA allows terminations of housing leases without penalty. All that is needed is written notice to the landlord along with a copy of the orders.

For automobile leases, leases signed before service can be canceled after receiving active duty orders for 180 days or more. If the automobile lease was signed after active duty began, it can be terminated upon receiving PCS orders to a location outside the continental United States or deployment orders for 180 days or more. Remember these termination rights can be waived. Be sure to check lease agreements for SCRA waivers and request any such language be removed before final signature. If you have any questions about language in your lease, stop by the legal office and have an attorney give you an opinion before signing it.

Due to ongoing duties, deployments and PCS orders, attending court in distant locations is not always feasible. If a defendant in a civil proceeding does not show up to court, the judge may automatically find in favor of the plaintiff, which is called a default judgment. To protect military personnel from default judgments, SCRA Section 201 mandates default judgments entered against service members during active duty or within 60 days thereafter be reopened and set aside. Request relief from the court within 90 days of the end of military service to invoke SCRA Section 201.


SCRA Section 202 provides for delays in court or administrative proceedings for those serving on active duty. The proceeding will be postponed for at least 90 days upon receipt of a written request. The request must include an explanation of how military duty affects the service member's ability to appear in court, a date when the service member can appear, and a letter from the commander stating that duty precludes appearance in court. Beyond the mandatory 90 days, further delays may be granted at the court's discretion. If further delays are denied in the service member's absence, an attorney will be appointed to represent the service member in absentia.

Contact a legal assistance attorney in the 21st Space Wing Base Legal Office for further questions or legal assistance regarding the SCRA. Legal assistance walk-in hours are 8-9 a.m. Monday and Wednesday, and from 1-2 p.m.Tuesday and Thursday.

NO MALICIOUS INTENT FOUND IN QURAN CASE

FROM:  U.S. DEPARTMENT OF DEFENSE

Investigation Finds No Malicious Intent in Quran Case

By Jim Garamone
American Forces Press Service
WASHINGTON, Aug. 27, 2012 – While U.S. service members in Afghanistan made mistakes in handling Qurans in February, there was no intent “to disrespect the Quran or defame Islam,” the general investigating the incident wrote in his report.

U.S. Central Command released the results of the investigation into the incident, in which Qurans removed from a library for detainees were mishandled at Bagram Airfield.
Six soldiers will receive nonjudicial punishment for their parts in the incident, which sparked protests throughout Afghanistan.

The report, written by Army Brig. Gen. Bryan G. Watson, found plenty of blame to go around. Still, he stressed time and again in his report that none of the personnel involved acted maliciously.
The report details how U.S. service members at the detention facility in Parwan began by looking through books in the facility library to stop messages from being transmitted among detainees. This grew into a project to get rid of books that a translator deemed extremist, according to the report.
In his investigation, Watson found that up to 100 Qurans and other religious texts were burned at the Bagram Airfield incinerator. Watson wrote that although U.S. service members did mishandle Qurans and other religious texts, “I absolutely reject any suggestion that those involved acted with any malicious intent to disrespect the Quran or defame the faith of Islam.”

The general pointed to a lack of communication among leaders and commands. He also found that senior leaders at the facility did not give clear guidance, and that mid-level and junior leaders chose “the easy way instead of the right way to address a problem.”

A contributing factor was ignorance among Americans on how to handle Qurans and other religious tracts. The general also found poor adherence to established operating procedures.

Afghan soldiers at the facility tried to make the American soldiers understand the gravity of the situation, but they were rebuffed. “That U.S. service members did not heed the warnings of their [Afghan army] partners is, perhaps, my biggest concern,” the general wrote.

The U.S. Army took immediate corrective action and implemented many of the investigation’s recommendations, along with re-emphasizing proper handling of religious materials to all soldiers during pre-deployment training to minimize the potential for reoccurrence, Army spokesman George Wright said today. “Training soldiers in the proper handling of religious material is a continual process to ensure they uphold their responsibilities,” he said.

EXERCISE PITCH BLACK 12 AND THE B-52

Birds and B’s A B-52 Stratofortress drops live guided bomb units as an F-15D Eagle follows during the Midway White III training exercise over the Nevada Test and Training Range on June 28, 2012. The data gathered from the training attacks executed in Midway White III is utilized to aid or enhance ongoing Defense Threat Reduction Agency programs. The B-52 is with the 340th Weapons School and the F-15D is with the 433rd Weapons School. (U.S. Air Force photo/Staff Sgt. Christopher Hubenthal)


FROM: U.S. AIR FORCE
B-52s bring persistent airpower to Exercise Pitch Black 12
by Airman 1st Class Marianique Santos
36th Wing Public Affairs

8/24/2012 - ANDERSEN AIR FORCE BASE, Guam (AFNS) -- The 69th Expeditionary Bomb Squadron, Minot Air Force Base, N.D., took to the skies of Australia's Northern Territory Aug. 2 to 18 as the lone U.S. Air Force unit flying in Exercise Pitch Black 12.

With more than 2,200 personnel and up to 100 participating military aircraft, Exercise Pitch Black 12 is the Royal Australian Air Force's largest and most complex air exercise.

From July 27 to Aug. 17, the U.S. Marine Corps, U.S. Air Force, Australian Defense Force, Royal Thai Armed Forces, Singapore Armed Forces, New Zealand Defense Force, Malaysian Armed Forces, French Armed Forces, British Armed Forces, Indonesian National Armed Forces and a component operating under the North Atlantic Treaty Organization participated in the exercise.

The 69th EBSs' participation in Pitch Black 12 is critical to satisfying their mission objectives in support of Pacific Air Forces' continuous bomber presence.

As part of the mission, bombers participate in exercises while deployed in order to showcase both U.S. offensive and defensive capabilities, engage with the citizens of regional partners and ultimately contribute toward interoperability with other countries.

"In traversing the Pacific Ocean for large-scale exercises such as Rim of the Pacific and Pitch Black 12, our crews hone their skills, as well as assure our allies of the United States' commitment to the region," said Capt. Timothy May, 69th EBS weapons and tactics flight commander and bomber liaison officer representing the squadron for planning and briefings in Australia for Pitch Black 12.

"It shows that the United States maintains a credible strike capability in the region at all times," he said.

For more than 20 years, the RAAF has conducted the biennial Pitch Black Exercises as major training activities, providing participating nations the opportunity to obtain useful military training and the chance to strengthen ties with regional partners.

Captain May said that integrating into Pacific Command joint and coalition exercises, operations and training provided aircrews unique training opportunities in support of the continuous bomber presence..

"This exercise afforded my colleagues and I a tremendous opportunity to learn and expand our skills as aviators," said Captain May. "Communicating and planning with our Pacific allies provided a unique learning opportunity that bolsters cultural and professional relationships among regional partners."

During the exercise, the B-52 displayed unique capabilities that make it a commodity in such large-scale air exercises. Along with its ordnance capacity, the B-52 brings a long-endurance capability, which translates directly to persistent airpower.

"The B-52 brings a volume of ordnance that smaller, tactical assets cannot match," said Captain May. "In multiple cases during the exercise, a single B-52 covered nearly 50 percent of its team's targets in given scenarios."

The exercise required participants to conduct offensive counter air and defensive counter air missions launched from RAAF Bases Darwin and Tindal.

Pitch Black 12 utilized massive training areas that featured realistic threat simulations and targets. These training areas accommodated larger aircraft formations and provided a formidable obstacle course for the aircraft and crews of participating nations.

"During the exercise we integrated into flying formations with the other nations," said Maj. Christopher Morris, 69th EBS mission planning cell team chief. "On a training day, we can have Indonesian or Taiwanese aircraft escort us to the target and protect us from the opposing targets. Such formations promote good integration with our regional partners' air forces."


Captain May said that the exercise gave participants opportunities to practice operating in high threat environments against very capable adversaries.

"With six nations participating we receive different perspectives from regional air forces, from mission planning to execution to debrief," said Captain May. "The collective efforts of all six nations bring an impressive array of aircraft and skills to the fight."

The 69th EBS participation in Pitch Black 12 is only one among multiple exercises where in the B-52 has represented the U.S. Air Force and its air-strike capability.

"We are grateful for the opportunity to integrate with our allies through participation in Pitch Black 12," said Lt. Col. Doug Gosney, 69th EBS commander. "Our B-52 bomber force and aircrew maintain a high level of readiness across all mission sets. Participation in these types of exercises allow us to hone our skills even further while simultaneously forging and strengthening relationships with our friends and allies."

Along with experiences gained and reinforced international ties, the 69th EBS continues to support the CBP mission and take part in exercises that develop greater interoperability, strengthen regional peace, and promote stability and prosperity within the Asia-Pacific Region.

"I am extremely proud of our bombers and crew force for their accomplishments and participation in regional activities in the Pacific," said Gosney. "Their service and dedication bring unique capabilities to these coalition and joint exercises as part of the continuous bomber presence mission and is a testament to the fact that the Air Force stands ready for the call and can successfully accomplish all assigned missions."

COURT UPHOLDS NLRB UNION RECOGNIZATION RULING

FROM: U.S. NATIONAL LABOR RELATIONS BOARD

In a decision issued Thursday, the U.S. Court of Appeals for the Sixth Circuit upheld a 2010 National Labor Relations Board ruling that an employer and union did not violate federal labor law by entering into an agreement establishing principles for bargaining if employees selected union representation.
　

The case involved an agreement signed by the United Auto Workers union and auto parts manufacturer Dana Corp. setting ground rules for union organizing at a plant in St. Johns, Michigan, and establishing a framework for negotiations if a majority of workers chose the union. After the agreement was signed, several workers filed charges with the NLRB alleging that the agreement constituted an unlawful recognition of the union. Ultimately, the union did not win majority support and the plant closed, but the case continued.

While acknowledging "thoughtful majority and dissenting opinions" in the 2-to-1 Board decision, the Court deferred to the Board’s conclusion that the agreement did not unlawfully recognize the union and "did no more than create a framework for future collective bargaining." It further found that "the Board was within its discretion to allow some substantive terms to be determined between the employer and union prior to recognition, as long as that agreement did not ultimately impact employees’ choice regarding union representation."

In upholding the Board decision, the Court denied a petition for review filed by two of the workers who originally filed charges.

The Court found that the Board had properly distinguished the Dana agreement from one that was held to be unlawful in Majestic Weaving, 147 NLRB 859 (1964).

U.S. AIR FORCE SPACE COMMAND: THE LAUNCH OF SPUTNIK

FROM: U.S. AIR FORCE SPACE COMMAND
The USSR launches Sputnik I, the world's first successful artificial satellite on 4 Oct 1957. Pictured here is a model of Sputnik I from the Missile & Space Gallery at the National Museum of the United States Air Force.


AFSPC Milestone: USSR launched Sputnik, starting the space race

8/26/2012 - Peterson AFB, Colo. -- As Air Force Space Command approaches its 30th Anniversary on 1 Sep, here is a significant milestone which led to the creation of a new command responsible for the space domain...

On 4 October 1957, the USSR launches Sputnik I, the world's first successful artificial satellite. The surprise success of the Russian's launch began the Space Age and triggered the Space Race, a part of the larger Col War. It also lead to the launch of Explorer I, the first US satellite to go into orbit, launched from then Cape Canaveral Missile Annex, Fla. approximately 4 months later. Mercury batteries powered the high-power transmitter on Explorer I for 31 days and the low-power transmitter for 105 days. Explorer 1 stopped transmission of data on May 23, 1958 when its batteries died, but remained in orbit for more than 12 years. It has been followed by more than 90 scientific spacecraft in the Explorer series.

Additionally, the launch of Sputnik ushered in new political, military, technological, and scientific developments. The public reaction to the "Sputnik crisis" led to the creation of the Advanced Research Projects Agency (renamed the Defense Advanced Research Projects Agency or DARPA in 1972), NASA, and an increase in U.S. government spending on scientific research and education.

RADIATION AND FULL-BODY SCANNERS

Illustration Credit:  U.S. Transportation Security Administration.

FROM: U.S. FOOD AND DRUG ADMINISTRATION
Very Low Health Risks from Full-Body X-ray Scanners

Be it in airports, court buildings, or other venues, Americans are increasingly encountering full-body imaging systems, the new wave in electronic security screening.

General-use X-ray security screening systems represent one of two full-body scanning technologies currently being put into widespread use to check people for concealed weapons, explosives, or other contraband without having to make physical contact.

Extensive use of full-body scanning technologies, including the general-use X-ray systems, is a relatively new development. Thus it's natural for people to have questions—including questions about whether these systems pose any health risks.

However, FDA Engineer Daniel Kassiday says, "The dose from one screening with a general-use X-ray security screening system is so low that it presents an extremely small risk to any individual."

 
Very Small Amounts of Energy
General-use X-ray security systems found in U.S. airports are also called "backscatter" systems. They use very small amounts of X-ray that are "bounced" off the person being screened. The reflected energy is received by an array of sensitive detectors and then processed by a computer to form an image.

Full-body scanners are large in size, and require individuals to step into the machine and remain still for a few seconds while the scan takes place.

Kassiday explains, "A person receives more radiation from naturally occurring sources in less than an hour of ordinary living than from one screening with any general-use X-ray security system."

The other type of advanced imaging technology being put in general use employs millimeter wave technology. It uses non-ionizing electromagnetic waves to generate an image based on the energy reflected from the body.

FDA scientist Abiy Desta says, "Millimeter wave security systems that comply with the limits set by the Institute of Electrical and Electronics Engineers in the applicable non-ionizing radiation safety standard cause no known adverse health effects."

 
Metal Detectors Still in Use
Meanwhile, people need to be aware that metal detectors are still being used for security screening at many facilities.

Metal detectors, which can be walk-thru portals or hand-held wands, have the potential to affect the function of certain medical devices such as implanted cardiac pacemakers, implantable cardioverter/defibrillators, and spinal cord nerve stimulators.

Although the number of significant injuries due to this is very low, individuals who use an electronic medical device are advised not to stay near a metal detector longer than necessary or lean against the metal-detecting system.

If scanning with a hand-held metal detector is necessary, warn the security personnel that you have an electronic medical device and ask them not to hold the metal detector near the device longer than necessary. You may also ask for an alternate form of personal search.

JUSTICE AND COMMONWEALTH OF VIRGINA SETTLE ADA CASE

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, August 24, 2012

Court Approves Comprehensive Agreement Between US and the Commonwealth of Virginia Regarding the Rights of Individuals with Intellectual and Developmental Disabilities

The U.S. District Court for the Eastern District of Virginia has approved a comprehensive settlement agreement between the United States and the Commonwealth of Virginia, resolving the department’s findings that Virginia’s system for serving people with intellectual and developmental disabilities violated the Americans with Disabilities Act (ADA). The department had found that Virginia was violating the ADA requirement, as interpreted by the Supreme Court’s decision in Olmstead v. L.C., to provide people with intellectual and developmental disabilities the opportunity to live and receive services in the community.

As the court noted in its order approving the settlement agreement, it "addresses pressing needs" and "dramatically changes the way Virginia provides services to" individuals with developmental disabilities. The settlement agreement will provide relief to more than 5,000 people by expanding community services and supports, including Medicaid-funded home and community-based waivers, crisis services, housing and employment supports and by establishing a comprehensive quality management system. The court further found that the agreement "is completely consonant with the principles set forth in the ADA, as interpreted . . . in Olmstead."

The agreement is court-enforceable, and an independent reviewer with decades of experience will monitor the commonwealth’s compliance with the agreement, meet with the parties and stakeholders, and issue regular reports.

The Justice Department and Virginia submitted the agreement for the court’s approval on Jan. 26, 2012. On March 6, 2012, the court provisionally approved the agreement and solicited public comment on it. After considering hundreds of submittals from a wide range of stakeholders and conducting a day-long hearing on June 8, 2012, the court determined that the agreement was "fair, reasonable, and adequate" with limited modifications. The department and the commonwealth then submitted modifications, and on August 23, 2012, the court formally approved the agreement as modified and entered it as a court order.

"We are pleased that the court, after hearing from thousands of very engaged stakeholders and examining the extensive record, gave final approval to the settlement agreement," said Thomas E. Perez, Assistant Attorney General for Civil Rights. "We commend the commonwealth of Virginia, and particularly the leadership of Governor McDonnell and Secretary Hazel, on the commitment they are already demonstrating to fully implementing the agreement. We also appreciate the deep interest and involvement of stakeholders, including those who have long fought for these changes as well as those who raised concerns."

"We are committed to ensuring that the agreement is implemented fairly on behalf of all Virginians with intellectual and developmental disabilities." said U.S. Attorney for the Eastern District of Virginia Neil H. MacBride.