U.S. PRESIDENT OBAMA VISITS THE KINGDOM OF THAILAND

President Barack Obama, with Secretary of State Hillary Rodham Clinton and Ambassador Kristie Kenney, left, meet with King Bhumibol Adulyadej of the Kingdom of Thailand, at Siriraj Hospital in Bangkok, Thailand, Nov. 18, 2012. (Official White House Photo by Pete Souza)

FROM: THE WHITE HOUSE

The first nation on the itinerary for President Obama's Asia trip is Thailand -- America's oldest friend on the continent, with diplomatic ties stretching back nearly 180 years.

Though his stop to the country lasted for less than one full day, the President visited a Buddhist temple at the Wat Pho monastery, met with Thai King Bhumibol Adulyadej, held a joint press conference with Thai Prime Minister Yingluck Shinawatra, and enjoyed a dinner hosted by the prime minister at the Government House in Bangkok.

Before the dinner, President Obama toasted the character and strength of the Thai people.

"Everything that I’ve felt -- your dignity, your resilience, your friendship, your warmth -- that is the foundation of our alliance," he said. "It’s why you were the first Asian nation to reach out to America after we won our independence. It’s why in Asia, to this day, we can say Thailand is our oldest friend. And we are extraordinarily proud of that friendship, and we are especially pleased to see the excellent leadership that, Madam Prime Minister, you are providing as you continue this country’s path of democracy, freedom and development."

SEC SAYS IT RECEIVED OVER 3000 WHISTLEBLOWER TIPS OVER THE PAST YEAR

SEC Headquarters.  Credit:  Wikimedia Commons  

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION 

Washington, D.C., Nov. 15, 2012 — Over the past year, the Securities and Exchange Commission received more than 3,000 whistleblower tips from all 50 states and from 49 countries, according to the agency's 2012 Annual Report on the Dodd-Frank Whistleblower Program released today.

The report, which is required by the Dodd Frank Wall Street Reform and Consumer Protection Act, summarizes the activities of the SEC's Office of the Whistleblower.

"In just its first year, the whistleblower program already has proven to be a valuable tool in helping us ferret out financial fraud," said SEC Chairman Mary L. Schapiro. "When insiders provide us with high-quality road maps of fraudulent wrongdoing, it reduces the length of time we spend investigating and saves the agency substantial resources."

Among other things, the report notes:
The SEC made its first award under the new program to a whistleblower who helped the SEC stop an ongoing multi-million dollar fraud. The whistleblower received an award of 30 percent of the amount collected in the SEC's enforcement action, which is the maximum percentage payout allowed by law.
The SEC received 3,001 tips, complaints, and referrals from whistleblowers from individuals in all 50 states, the District of Columbia, and the U.S. territory of Puerto Rico as well as 49 countries outside of the United States.
The most common complaints related to corporate disclosures and financials (18.2 percent), offering fraud (15.5 percent), and manipulation (15.2 percent).
There were 143 enforcement judgments and orders issued during fiscal year 2012 that potentially qualify as eligible for a whistleblower award. The Office of the Whistleblower provided the public with notice of these actions because they involved sanctions exceeding the statutory threshold of more than $1 million.
Under the Dodd-Frank Act, the SEC can pay financial awards to whistleblowers who provide high-quality, original information about a possible securities law violation that leads to a successful SEC enforcement action with more than $1 million in monetary sanctions. The SEC is authorized to pay the whistleblower 10 to 30 percent of the sanctions collected. Awards are paid from the Investor Protection Fund established by Congress to fund payments.

Information on eligibility requirements, directions on how to submit a tip or complaint, instructions on how to apply for an award, and answers to frequently asked questions are available at: www.sec.gov/whistleblower.

President Obama Meets with Congressional Leadership | The White House

President Obama Meets with Congressional Leadership | The White House

TWO MEN AND COMPANY CHARGED WITH RATTLESNAKE TRAFFICKING



Photo Credit:  Wikimedia.

FROM: U.S. DEPARTMENT OF JUSTICE

Tuesday, November 13, 2012
Two Florida Men and Company Charged in Philadelphia with Rattlesnake Trafficking
Robroy MacInnes, 54, of Fort Myers, Fla., Robert Keszey, 47, of Bushnell, Fla., and Glades Herp Farm Inc., were charged in a two-count indictment today in federal court in Philadelphia, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and Zane David Memeger, U.S. Attorney for the Eastern District of Pennsylvania. The indictment charges MacInnes, Keszey and the Florida business they co-own, Glades Herp Farm, with conspiracy to traffic in endangered and threatened reptiles, as well as charging MacInnes and Glades with trafficking in protected timber rattlesnakes in violation of the Lacey Act.

According to the indictment, between 2007 and 2008, the defendants collected protected snakes from the wild in Pennsylvania and New Jersey, purchased protected eastern timber rattlesnakes that had been illegally collected from the wild in violation of New York law, and transported federally threatened eastern indigo snakes from Florida to Pennsylvania. The indictment also charges that defendants MacInnes and Glades violated the Lacey Act by purchasing illegal eastern timber rattlesnakes and having the snakes transported to Florida.

The eastern timber rattlesnake is a species of venomous pit viper native to the Eastern United States, and is considered endangered in New Jersey and threatened in New York. It is also illegal to possess an eastern timber rattlesnake without a permit in Pennsylvania. The eastern indigo snake, the longest native North American snake species, is listed as threatened by both Florida and Federal law.

The Lacey Act, one of the oldest statutes in the United States, prohibits interstate trafficking in wildlife known to be illegally obtained. The maximum penalty for conspiring to commit offenses and for violations of the Lacey Act is up to five years in prison and a $250,000 fine for each violation.

The allegations in the indictment are mere accusations and all persons are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement. The case is being prosecuted by Patrick M. Duggan of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorney Mary Kay Costello of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.

Background Briefing With a Senior State Department Official

Background Briefing With a Senior State Department Official

THE AIR FORCE GREEN DEMOLITION PROJECT

Heavy equipment sits idle during a break in the demolition of Bldg. T-609 Nov. 5. The project is on going through Nov. 9. (U.S. Air Force Photo/Dennis Rogers)

FROM: U.S. AIR FORCE
 
Demolition highlights Schriever's green side
by Scott Prater
Schriever Sentinel
11/8/2012 - SCHRIEVER AIR FORCE BASE, Colo. -- Contractor crews smashed Bldg. T-609 to bits Monday morning.

Giant backhoes toppled walls and pulverized large chunks of concrete, steel and sheetrock into a mangled mess. But, first impressions might have been deceiving in this case. What may have looked like a pile of loose debris actually turned out to be a controlled recycling site.

Based on 50th Civil Engineer Squadron guidance, the contractor demolished the temporary building, and former home of the 310th Space Wing headquarters, in such a fashion as to save valuable copper, steel and other recyclable material.

The demolition culminated more than a year of planning by members of 50 CES and the 50th Contracting Squadron.

"There are several reasons why we conducted this project the way we did," said Robert Blevins, 50 CES chief of programs. "We have regulations to satisfy, energy and efficiency standards to meet, and operations and maintenance cost concerns."

First constructed for use by the Space Innovation and Development Center in 2004, Bldg. T-609 eventually found its way into the hands of the 310 SW, which used it until construction on its permanent structure concluded last year.

Air Force Instruction 32-101 states organizations are only authorized to use a temporary facility while they are waiting for a new military construction project to be completed.

"Temporary structures, by their nature, are also very costly to maintain, own and operate," Blevins said. "Their energy characteristics underperform compared to permanent facilities and they don't incorporate LEED [Leadership in Engineering and Environmental Design] construction standards for energy efficiency."

As soon as Bldg. 26 opened, 50 CES put word out on base that office furniture and other useful materials from Bldg. T-609 were available. The squadron also offered the building's modular furniture to any units who could use them. The remaining furniture was disassembled and sent to Peterson Air Force Base for use in future projects.

Squadron engineers removed the building's heating ventilation and air conditioning units and electrical transformers for future use as well.

"We've been leveraging the value of that building for quite a while now," Blevins said. "Gone are the days when a contractor would arrive, demolish, scoop and haul everything away to the local landfill."

During the past few months, Bldg. T-609 delivered even more lasting results as the Schriever Fire Department recognized an opportunity to conduct fire training exercises on the roof and interior of the building. Fire fighters were able to cut through floors, ceilings, floors and walls, as well as break down doors and windows.

Thanks in part to the fire department's previous work inside, the demolition contractor will level the building in the span of a week, but it could take a few weeks to clear the site, which Blevins said will be returned to its natural state.

In the meantime, Bldg. T-609 might just be remembered as the building that kept on giving.

"The overall demo of Bldg. T-609 will help Schriever AFB reach the Air Force's mandated energy reduction goals," said Lt. Col. Trent Tuthill, 50th Mission Support Group deputy commander. "In the fiscally constrained environment we operate in today, every dollar counts and the demolition will directly reduce the overall Schriever utility bill. Additionally, the recycled material will help the wing reach the AF mandated goal of diverting 55 percent of non-hazardous solid waste by 2015."

MONACO'S NATIONAL DAY

Monaco Map Credit:  CIA World Factbook

FROM:  U.S. DEPARTMENT OF STATE
On the Occasion of the Principality of Monaco's National Day
Press Statement
Hillary Rodham Clinton
Secretary of State
Washington, DC
November 16, 2012

On behalf of President Obama and the people of the United States, I am delighted to send best wishes to the people of Monaco as you celebrate your national day this November 19.

For more than a century, Monaco and the United States have worked together to promote peace and prosperity around the globe. This year, Monaco hosted representatives from the United States and over 50 other countries at the 21st Parliamentary Assembly of the Organization for Security and Cooperation in Europe. This important gathering highlighted the Principality’s commitment to development, security, and human rights. It is just one of the many contributions that Monaco has made to international collaboration and understanding. We also commemorate the 5th anniversary of the opening of the Monegasque embassy in Washington, a tangible example of our enduring friendship.

Congratulations again on this special day. I look forward to continued cooperation between our countries in the years to come.

　

Monaco Locator Map.  From:  CIA World Factbook

ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK

The Genoese built a fortress on the site of present day Monaco in 1215. The current ruling Grimaldi family first seized temporary control in 1297, and again in 1331, but were not able to permanently secure their holding until 1419. Economic development was spurred in the late 19th century with a railroad linkup to France and the opening of a casino. Since then, the principality's mild climate, splendid scenery, and gambling facilities have made Monaco world famous as a tourist and recreation center.

U.S. DEPARTMENT OF EDUCATION AWARDS $50,000 TO COLORADO SCHOOLS RECOVER FROM THEATER SHOOTING

Public School.  Credit:  Wikimedia. 

FROM: U.S. DEPARTMENT OF EDUCATION
U.S. Department of Education Awards Nearly $50,000 to Help Colorado's Aurora Public Schools Recover from Theater Shooting

November 16, 2012The U.S. Department of Education’s Office of Safe and Healthy Students, formerly the Office of Safe and Drug-Free Schools, has awarded Aurora Public Schools in Aurora, Colo., a Project School Emergency Response to Violence (SERV) grant totaling nearly $50,000. The grant will provide assistance for ongoing recovery efforts following a deadly shooting during the midnight premiere of the movie, "The Dark Knight Rises."

"This senseless attack profoundly impacted students and educators throughout the city, and these resources will help the Aurora community provide special care to those who need it," said U.S. Secretary of Education Arne Duncan. "We want to support this community as it continues to recover and reconnect after this horrific event."

Project SERV provides critical support to districts and institutions of higher education that have experienced a significant traumatic event and need resources to respond, recover, and re-establish a safe environment for students. The Office of Safe and Healthy Students has awarded more than $29 million to 97 grantees, including Aurora Public Schools, since the grant program began in 2001.

On Thursday, July 20, 2012, a lone gunman opened fire in the Century 16 multiplex theater. He shot and killed 12 people, including a recent school district graduate, and wounded 58 more. According to Aurora Public Schools, more than 300 of its students and staff were affected, including 50 students from Gateway High School, some of whom were injured, and 10 students from Hinkley High School, who experienced the shooting spree in the theater. With high school registration scheduled for the following week, and the new academic year’s launch scheduled for the week of August 6, 2012, the teaching and learning environment was immediately affected, and continues to be impacted by the tragedy.

Aurora Public Schools applied for and received a Project SERV Immediate Services grant in order to support efforts taken by the district to restore the learning environment while also providing critical assistance to students and staff.

J.P. MORGAN SECURITIES LLC CHARGED BY SEC WITH MISLEADING INVESTORS IN RMBS OFFERINGS

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
In coordination with the federal-state Residential Mortgage-Backed Securities Working Group, the Securities and Exchange Commission today charged J.P. Morgan Securities LLC and affiliated entities with misleading investors in offerings of residential mortgage-backed securities (RMBS). The firm agreed to a settlement in which it will pay $296.9 million. The SEC plans to distribute the money to harmed investors.

The SEC alleges that JP Morgan misstated information about the delinquency status of mortgage loans that provided collateral for an RMBS offering in which it was the underwriter. JP Morgan received fees of more than $2.7 million, and investors sustained losses of at least $37 million on undisclosed delinquent loans. JP Morgan also is charged for Bear Stearns' failure to disclose its practice of obtaining and keeping cash settlements from mortgage loan originators on problem loans that Bear Stearns had sold into RMBS trusts. The proceeds from this bulk settlement practice were at least $137.8 million.

According to the SEC's complaint against JP Morgan filed in federal court in Washington D.C., federal regulations under the securities laws require the disclosure of delinquency information related to assets that provide collateral for an asset-backed securities offering. Information about the delinquency status of mortgage loans in an RMBS transaction is important to investors because those loans are the primary source of funds by which investors can earn interest and obtain repayment of their principal.

The SEC alleges that in the prospectus supplement for the $1.8 billion RMBS offering that occurred in December 2006, JP Morgan made materially false and misleading statements about the loans that provided collateral for the transaction. The firm represented that only four loans (.04 percent of the total loans collateralizing the transaction) were delinquent by 30 to 59 days, and that those four were the only loans that had had an instance of delinquency of 30 or more days in the 12 months prior to the "cut-off date" for the transaction. However, at the time JP Morgan made these representations, the firm actually had information showing that more than 620 loans (above 7 percent of the total loans collateralizing the transaction) were, and had been, 30 to 59 days delinquent, and the four loans represented as being 30 to 59 days delinquent were in fact 60 to 89 days delinquent.

The SEC's complaint also alleges that Bear Stearns' bulk settlements covered loans collateralizing 156 different RMBS transactions issued from 2005 to 2007. Loan originators were usually required by contract to buy back loans that suffered early payment defaults or had other defects. However, Bear Stearns frequently negotiated discounted cash settlements with these loan originators in lieu of a buy-back on loans that were owned by the RMBS trusts. The firm - both before and after the merger with JP Morgan - then kept most of the bulk settlement proceeds. The firm failed to disclose the practice to investors who owned the loans. Bear Stearns repurchased only about 13 percent of these defective bulk settlement loans from the trusts, compared to a nearly 100 percent repurchase rate when loan originators agreed to buy back the defective loans. For most loans covered by bulk settlements, the firm collected money from originators without paying anything to the trusts.

JP Morgan and J.P. Morgan Acceptance Corporation I settled the SEC's charges by consenting to pay disgorgement of $39,900,000, prejudgment interest of $10,600,000, and a penalty of $24,000,000 for the delinquency misstatements, which the SEC will seek to distribute to harmed investors in the transaction through a Fair Fund. JP Morgan; EMC Mortgage, LLC; Bear Stearns Asset Backed Securities I, LLC; Structured Asset Mortgage Investments II, Inc.; and SACO I, Inc. agreed to pay disgorgement of $137,800,000, prejudgment interest of $24,265,536, and a penalty of $60,350,000 for the bulk settlement practice misconduct, and the SEC will seek to distribute these funds to harmed investors through a separate Fair Fund. JP Morgan and each of the other defendants consented, without admitting or denying the allegations, to the entry of a final judgment permanently enjoining them from violating Section 17(a)(2) and (3) of the Securities Act of 1933. The settlement is subject to court approval.

U.S. DOD 'DISTRIBUTION SYNCHRONIZER'

U.S. Transportation Command's global campaign plan for distribution will ensure the command is postured to ensure warfighters have the transportation and logistical support required to conduct future missions around the world. Here, Army Spc. Chance Alwin with 1st Battalion, 17th Infantry Regiment, takes the lead during a combat patrol in Kandahar province, Afghanistan, Dec. 9, 2009. Courtesy photo

FROM: U.S. DEPARTMENT OF DEFENSE

Transcom Charts Future as DOD's 'Distribution Synchronizer'
By Donna Miles
American Forces Press Service
SCOTT AIR FORCE BASE, Ill., Nov. 14, 2012 - For years, tiny Morón Air Base in Southern Spain appeared to be headed to the chopping block. The base, established with the Spaniards in the early 1950s, had for decades been relegated to standby status for U.S. deployments in support of exercises or crisis response.

U.S. Air Forces in Europe leaders, looking for ways to cut operations that don't directly support their contingency plans, were prepared to close its gates. However, officials at U.S. Transportation Command, working with U.S. European Command, helped them realize that although Morón may no longer be vital to activities in the European theater, it's a key node for operations within both U.S. Central Command and U.S. Africa Command.

The decision to maintain Morón offers a snapshot of Transcom's work as the Defense Department's officially designed "distribution synchronizer," Navy Rear Adm. William "Andy" Brown, the command's director of strategy, policies, programs and logistics, told American Forces Press Service

That mission, assigned in early 2011, charges Transcom to look horizontally across the combatant commands -- rather than vertically, through individual combatant command stovepipes -- to synchronize planning for global distribution operations, Brown explained.

The idea is to help DOD "knit the distribution seams among the combatant commands to better support their theater campaign and contingency plans," Air Force Gen. William M. Fraser III, the Transcom commander, told the Senate Armed Services Committee earlier this year.

This, in turn, will help ensure access to the places vital to Transcom's transportation and distribution mission, Fraser said, ensuring sufficient distribution lines across multiple theaters for it to project and sustain forces around the globe.

A big consideration, Brown said, is to continue posturing Transcom to react to simultaneous events with the transportation and distribution network in place to support them. "What happens if we had to [respond to] a hurricane over here and another operation over there?" he said, pointing to two opposite ends of the globe. "What happens to the global transportation network, and how do you maintain that resiliency and ability to react quickly to changes?"

Transcom's global campaign plan for distribution, expected to be completed by late 2013, will provide the framework for addressing these issues, Air Force Col. Carol Johnson, a plans officer in Brown's directorate, reported.

The campaign plan will help Transcom identify what measures need to be taken now to provide the infrastructure, relationships and other requirements to support the defense strategic guidance, she said. That includes the department's pivot toward the Asia-Pacific region, the drawdown of combat operations within Centcom, natural disasters and other contingencies.

Recognizing that requirements will always outweigh capability, Johnson said the global campaign plan will help DOD identify redundancies, establish priorities, weigh risks and recommend solutions for reducing them.

Working with an initial concept, Transcom brought together stakeholders from across its distribution community to war-game it in July. "Everybody agreed it was feasible and would work," Johnson said of the concept. Now, the Transcom staff is waiting for Undersecretary of Defense for Policy James N. Miller to give that concept the green light, most likely in early December, so they can begin drafting the official plan.

If that plan is approved as expected by the end of next year, Transcom officials plan to spend a year fine-tuning the processes.

Then, once each year, the Transcom commander will sit at the table with defense senior leaders and the other combatant commanders to review their theater distribution plans and identify ways to shore up any gaps.

"Our job will be to look across the spectrum and make recommendations to the chairman," Brown said. "From a national perspective, our No. 1 priority is to get this global campaign plan for distribution right."

The annual review will help keep Transcom's global distribution plan in line with the changing strategic environment and COCOM requirements, Johnson said.

"Most people write plans, get them approved, then put them on the shelf until it's time to pull them off and execute," she said. "But ours is consistently going to be evolving and updating, because we do this every day. Our plan will be updated based on the strategic environment and the strategic needs of the Defense Department."

Ultimately, she said, the new plan will help DOD develop a more strategic posture for the future.

"In the past, we have been reactionary in supporting folks when things happen, and we haven't had that strategic look at distribution," Johnson said. "But with the global campaign plan for distribution, we can be more strategic in the planning effort of distribution. And that will make us more effective in everything we do."

DEFENSE: MULTIPLE MISSILE ENGAGEMENT

A Terminal High Altitude Area Defense (THAAD) interceptor is launched from Meck Island on its way to intercept of a ballistic missile target during MDA’s historic flight test on Oct. 24, 2012. (Photo by Andrew Hall)

FROM: U.S. DELPARTMENT OF DEFENSE
Written by jtozer
Five Targets, One Missile

The Missile Defense Agency, U.S. Army soldiers from the 94th and 32nd Army Air and Missile Defense Command; U.S. Navy sailors aboard the USS FITZGERALD (DDG 62); and airmen from the 613th Air and Space Operations Center successfully conducted the largest, most complex missile defense flight test ever attempted resulting in the simultaneous engagement of five ballistic missile and cruise missile targets.

An integrated air and ballistic missile defense architecture used multiple sensors and missile defense systems to engage multiple targets at the same time.

All targets were successfully launched and initial indications are that the Terminal High Altitude Area Defense system successfully intercepted its first medium-range ballistic target in history, and PATRIOT Advanced Capability-3 (PAC-3) near simultaneously destroyed a Short Range Ballistic Missile and a low flying cruise missile target over water.

The live-fire demonstration, conducted at U.S. Army Kwajalein Atoll/Reagan Test Site, Hickam Air Force Base and surrounding areas in the western Pacific, stressed the performance of the Aegis Ballistic Missile Defense, THAAD and PATRIOT weapon systems.

An Extended Long Range Air Launch Target (E-LRALT) missile was airdropped over the broad ocean area north of Wake Island from a U.S. Air Force C-17 aircraft, staged from Joint Base Pearl Harbor-Hickam, Hawaii. The AN/TPY-2 X-band radar, located with the THAAD system on Meck Island, tracked the E-LRALT, and a THAAD interceptor successfully intercepted the medium-range ballistic missile. THAAD was operated by soldiers from the 32nd AAMDC.

Another short-range ballistic missile was launched from a mobile launch platform located in the broad ocean area northeast of Kwajalein Atoll. The PATRIOT system, manned by soldiers of the 94th AAMDC, detected, tracked and successfully intercepted the target with a PAC-3 interceptor.

The USS FITZGERALD successfully engaged a low-flying cruise missile over water. The Aegis system also tracked and launched an SM-3 Block 1A interceptor against a short-range ballistic missile. However, despite indication of a nominal flight of the SM-3 Block 1A interceptor, there was no indication of an intercept of the SRBM.

FTI-01 was a combined developmental and operational test. Soldiers, sailors and airmen from multiple combatant commands operated the systems and were provided a unique opportunity to refine operational doctrine and tactics. Program officials continue to assess and evaluate system performance based upon telemetry and other data obtained during the test.

Ballistic Missile Defense System programs have completed 56 successful hit-to-kill intercepts in 71 flight test attempts since 2001

Story provided by the Missile Defense Agency


　

SOL HAS TWIN SONS

FROM: NASA

Double Prominence Eruptions


The Sun erupted with two prominence eruptions, one after the other over a four-hour period (Nov. 16, 2012). The action was captured in the 304 Angstrom wavelength of extreme ultraviolet light. It seems possible that the disruption to the Sun’s magnetic field might have triggered the second event since they were in relatively close proximity to each other. The expanding particle clouds heading into space do not appear to be Earth-directed. Credit: NASA/SDO

 

OHIO AUTOMOBILE PARTS SUPPLIER EXECUTIVE PLEADS GUILTY IN PRICE FIXING AND BID-RIGGING CONSPIRACY

FROM: U.S. DEPARTMENT OF JUSTICE

Executive Agrees to Serve One Year in U.S. Prison
WASHINGTON — An executive at the Ohio subsidiary of a Japanese automotive supplier pleaded guilty today for his role in a conspiracy to fix prices and rig bids of anti-vibration rubber parts sold in the United States and elsewhere, the Department of Justice announced. This is the first charge in the department’s ongoing investigation into price fixing and bid rigging in the automobile anti-vibration rubber parts industry, which is one of the department’s ongoing investigations into anticompetitive conduct in the automotive parts industry.

According to a one-count felony charge filed on Oct. 30, 2012, in the U.S. District Court for the Northern District of Ohio, in Toledo, Hiroshi Yoshida, a Japanese national employed at the Ohio-based U.S. subsidiary of an automobile anti-vibration rubber supplier headquartered in Saitama, Japan, participated in a conspiracy to rig bids for, and to fix prices of, automobile anti-vibration rubber parts sold in the United States and elsewhere. According to the charge, Yoshida’s involvement in the conspiracy began at least as early as October 2005 and continued until at least June 2011. The department said Yoshida and his co-conspirators carried out the conspiracy by agreeing, in meetings and discussions, to allocate the supply of certain automobile anti-vibration rubber parts, to exchange prices, to submit noncompetitive bids and to sell the parts at collusive and noncompetitive prices in the United States and elsewhere.

According to the plea agreement, Yoshida has agreed to serve 12 months and one day in a U.S. prison, to pay a $20,000 criminal fine and to cooperate with the department’s ongoing investigation. Yoshida’s sentencing is scheduled to take place on Dec. 20, 2012.

Anti-vibration rubber parts are comprised primarily of rubber and metal, and are installed in automobiles to reduce engine and road vibration. Anti-vibration rubber parts are installed in suspension systems and engine mounts, as well as other parts of an automobile.

"This is the first charge in the division’s investigation into anticompetitive conduct involving automotive parts used to reduce engine and road vibration," said Joseph Wayland, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "The aim of this multi-year conspiracy was to do away with competition among suppliers, through bid rigging and price fixing, in order to maximize profits."

"We are pleased with the guilty plea entered today by Mr. Yoshida and his acceptance of responsibility, as the anti-vibration rubber parts industry is a critical component of the automobile manufacturing process," said Stephen D. Anthony, Special Agent in Charge of the FBI Cleveland Division. "The Cleveland FBI is committed to working with our Department of Justice partners in the Antitrust Division to keep this industry and other critical industries competitive by aggressively pursuing any conspiracy in Northern Ohio that undermines free competition and our economy."

Including Yoshida, nine companies and 12 executives have pleaded guilty or agreed to plead guilty 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., Autoliv Inc. and TRW Deutschland Holding GmbH pleaded guilty and were sentenced to pay a total of more than $790 million in criminal fines. Nippon Seiki Co. Ltd. and Tokai Rika Co. Ltd. have agreed to plead guilty and await arraignment and sentencing. Additionally, Junichi Funo, Hirotsugu Nagata, Tetsuya Ukai, Tsuneaki Hanamura, Ryoki Kawai, Shigeru Ogawa, Hisamitsu Takada, Norihiro Imai, Kazuhiko Kashimoto, Toshio Sudo and Makoto Hattori have pleaded guilty and been sentenced to pay criminal fines and to serve jail sentences ranging from a year and a day to two years each.

Yoshida is charged with violating the Sherman Act, which carries a maximum sentence of 10 years in prison and a $1 million criminal fine for individuals. The maximum fine 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.

SEC CHARGES LIFE INSURANCE COMPANY WITH SECURITIES LAW VIOLATIONS

FROM: SECURITIES AND EXCHANGE COMMISSION

Washington, D.C., Nov. 15, 2012 — The Securities and Exchange Commission today charged Massachusetts Mutual Life Insurance Company with securities law violations for failing to sufficiently disclose the potential negative impact of a "cap" it placed on a complex investment product that investors were planning to use for retirement.

The SEC's investigation found that MassMutual included a cap feature in certain optional riders offered to investors, and the cap potentially affected $2.5 billion worth of MassMutual variable annuities. Neither the prospectuses nor the sales literature sufficiently explained that if the cap was reached, the guaranteed minimum income benefit (GMIB) value would no longer earn interest. MassMutual's disclosures instead implied that interest would continue to accrue after the GMIB value reached the cap, and dollar-for-dollar withdrawals would remain available to investors. A number of MassMutual's own sales agents were confused by the language in the disclosures, and investors were not sufficiently informed of the potential negative effect of taking withdrawals if they reached the cap approximately a decade from now.

MassMutual, which removed the cap after the SEC's investigation to ensure that no investors will be harmed, has agreed to settle the charges and pay a $1.625 million penalty.

"Investors shouldn't have their retirement nest eggs at risk because of undisclosed investment complexities," said Robert Khuzami, Director of the SEC's Division of Enforcement. "Through our proactive investigative efforts, we exposed a problem with a complex variable annuity investment at least a decade before it could have harmed investors."

According to the SEC's order instituting settled administrative proceedings, MassMutual offered GMIB 5 and 6 riders from 2007 to 2009 as an optional feature on certain variable annuity products. The GMIB rider sets a minimum floor for a future amount that can be applied to an annuity option, known as the "GMIB value." Unlike the contract value of the annuity that fluctuates with the performance of the underlying investment, the GMIB value increases by a compound annual interest rate of either 5 or 6 percent and allows investors to make withdrawals any time during the annuity's accumulation phase.

According to the SEC's order, MassMutual advertised its GMIB riders as providing "Income Now" if investors elected to make withdrawals during the accumulation phase or "Income Later" if they elected to receive annuity payments. MassMutual's sales literature highlighted the guarantee provided by the riders by stating, "Even if your contract value drops to zero, you can apply your GMIB value to a fixed or variable annuity." The riders included a maximum GMIB value, and investors could not reach this cap until 2022. If the GMIB value reached the cap, every dollar withdrawn would reduce the GMIB value by a pro-rata amount tied to the percentage decrease on the contract value. After a number of such withdrawals, depending on market conditions, both the contract value and the GMIB value could decline and adversely affect the amount a customer could apply to an annuity and the future income stream.

The SEC's investigation found that a number of MassMutual sales agents and others did not understand that all withdrawals taken after the GMIB value reached the cap would result in such pro-rata reductions. After reviewing MassMutual's prospectuses and other disclosures, they believed that if the GMIB value reached the cap, investors could take withdrawals and the GMIB value would remain at the cap. Some sales agents mistakenly believed that investors could maximize their benefits by waiting until the GMIB value reaches the cap, taking annual 5 or 6 percent withdrawals, and annuitizing their contracts in order to receive an income stream tied to the maximum GMIB value. But in reality, following such an investment strategy could have had severe adverse consequences for investors. By taking withdrawals annually after the cap is reached, investors would proportionately reduce their GMIB values and in turn potentially decrease their future income streams. In a worst-case scenario, they would withdraw all of their contract value, the GMIB value would decline to zero, and they would be left with nothing to annuitize and, consequently, no future income stream.

According to the SEC's order, while MassMutual was offering GMIB riders, there were indications that sales agents and others did not understand the effect of post-cap withdrawals on the GMIB value, which should have alerted the company to the fact that its disclosures were inadequate. Beginning May 1, 2009, after it stopped offering the riders, MassMutual revised its prospectuses to better explain the consequences of taking withdrawals after the GMIB value reaches the cap. Following the SEC's investigation, MassMutual undertook the remedial step of removing the cap entirely from these riders in order to guarantee that no investor will ever reach the cap. This action contributed to the determination of the penalty amount. MassMutual consented to the SEC's order without admitting or denying the findings. In addition to the $1.625 million penalty, MassMutual agreed to cease and desist from committing or causing any violations and any future violations of Section 34(b) of the Investment Company Act.

The SEC's investigation was conducted by Attorney-Advisor Daniel H. Rubenstein and supervised by Associate Director Stephen L. Cohen and Assistant Director C. Joshua Felker.

HOLIDAY RETAIL CROWD CONTROL AND WORKER SAFETY

Shopping Mall Photo Credit:  Wikimedia Commons

FROM: U.S. DEPARTMENT OF LABOR

US Labor Department's OSHA encourages retailers to provide crowd management measures to protect workers during major sales events

WASHINGTON — The U.S. Department of Labor's Occupational Safety and Health Administration is encouraging retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.

In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. OSHA recommends that retailers follow certain safeguards against this type of tragedy.

"Crowd control and proper planning are critical to preventing injuries and deaths," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA urges retailers to adopt a crowd management plan during the holiday shopping season that includes a few simple guidelines."

Crowd management plans should include:
On-site trained security personnel or police officers.
Barricades or rope lines for pedestrians that do not start right in front of the store’s entrance.
Implementing crowd control measures well in advance of customers arriving at the store.
Emergency procedures in place to address potential dangers.
Explaining approach and entrance procedures to the arriving public.
Not allowing additional customers to enter the store when it reaches its maximum occupancy level.
Not blocking or locking exit doors.

Weekly Address: Working Together to Extend the Middle Class Tax Cuts | The White House

Weekly Address: Working Together to Extend the Middle Class Tax Cuts | The White House

U.S. SEC. OF STATE CLINTON ADDRESSES EMBASSY STAFF IN SINGAPORE

FROM: U.S. DEPARTMENT OF STATE

Meeting With Embassy Singapore Staff and Their Families
Remarks
Hillary Rodham Clinton
Secretary of State
St. Regis Hotel
Singapore
November 17, 2012

AMBASSADOR ADELMAN: Well, Madam Secretary, you are in the presence of an all-star team. And that is really what we're about here in the U.S. Embassy Singapore, and that is teamwork. We've got 19 U.S. Government agencies working hard every day. And you saw some of their good work over the last couple of days. U.S.-Singapore relations, as you know, have never been better, and that's a result of the work of these extraordinarily talented people and their families, who have all served the public. And, if you don't mind, I will add following in your good example.

I know they want to hear from you, and we sincerely hope you will have some time to greet some of the families individually.

SECRETARY CLINTON: Absolutely. Absolutely.

AMBASSADOR ADELMAN: So, once again, please join me in thanking our United States Secretary of State, Hillary Rodham Clinton. (Applause.)

SECRETARY CLINTON: Thank you so much. Thank you, David. Thank you. Thank you all. Well, it is wonderful, being back here in Singapore, and having this chance to thank each and every one of you for the great contributions you are making to this important relationship. I want to thank the ambassador and Caroline and their entire family for representing our country so well, so enthusiastically, and so positively. And it is a special pleasure for me to thank you for what you've done to help make this trip of mine successful, and what you do every day to bring the people of our two countries closer together.

I have had excellent meetings here in Singapore. I just gave a speech about an hour-and-a-half ago at Singapore Management University about the nexus of economic power and global influence, and explaining what I call our economic statecraft agenda. I raised these issues in the meetings with the Prime Minister and the Foreign Minister. And we couldn't do what we are doing without all of you supporting American businesses, including the more than 2,000 who have their regional headquarters here. I was just out at the GE facility that does aircraft parts repair, and it was great to see what they are doing here in this region. And I also want to thank you for coordinating the efforts, as David was saying, of 19 agencies represented here. That's a lot of coordination. From State and Defense to Commerce, Treasury, USDA, and so much more.

But that represents the depth and breadth of our relationship. And this embassy has led the way with regional trade missions to Indonesia, Vietnam, India, Malaysia, most recently Burma, that ended with at least five American companies either opening an office or landing a sale there. And I am proud to say that today U.S. exports to Singapore are at an all-time high, as are American investments. That's a testament to the ambassador's leadership and the talent and energy of so many of you in this room.

I know you're also reaching out to the community, helping to clean up one of Singapore's beautiful beaches, volunteering at the Special Olympics or the Ronald McDonald House, serving meals at a retirement home, building connections which, after all, are the base of any strong relationship. That is every bit as important as security and economics for the long run.

I also want to thank all the family members who are here today. I know that there is a lot of you who are far from home. But I am glad that you are part of this team. Some of you have served unaccompanied time in Afghanistan, Iraq, and Pakistan, which I greatly appreciate. The President and I are very grateful for what you do.

I also want to take a moment to recognize our locally-engaged staff. Could all of our Singaporean staff raise your hands so we can thank you for what you do every single day? (Applause.) I want to congratulate your FSN of the Year, Susan Mok. (Applause.) And there are 3 staff members -- I did a double-take when I saw this number -- there are 3 staff members who, between them, have put in a combined 120 years of service at this post. (Applause.) Now, they all started when they were in kindergarten. (Laughter.) But let me thank Yahya Rahmat, Amy Ho, and Helen Jen. (Applause.) Because I know very well that ambassadors come and go, and secretaries come and go, but our locally-employed staff provide the continuity, the memory bank that keeps our mission going year after year.

So, it is wonderful for me to be able to come and take this chance to celebrate and thank you for all you're accomplishing on behalf of the American people and this critical relationship. And now I'm going to shake as many hands as I can, and thank you personally for the great job you are doing. Thank you all. (Applause.)

LATVIA'S NATIONAL DAY

Latvia.  Map Credit:  CIA World Factbook.

FROM: U.S. STATE DEPARTMENT

Latvia's National Day
Press Statement
Hillary Rodham Clinton
Secretary of State
Washington, DC
November 15, 2012

On behalf of President Obama and the people of the United States, I am delighted to send best wishes to the people of Latvia as you celebrate the 94th anniversary of your independence this November 18. You have made progress under difficult circumstances and demonstrated what can be accomplished through hard work, pride in country, and an unwavering faith in democracy.

The United States is proud of our long shared history as strategic allies, valued partners, and close friends. Since 1918, American support for the sovereign people of Latvia has never wavered. Today, Latvia and the United States remain steadfast partners. From cooperation in Afghanistan to exploring new business opportunities, the ties between our two countries only grow stronger.

On this special day, I send my deepest congratulations to all the people of Latvia and look forward to strengthening our cooperation even more as we promote the fundamental values we both cherish.

Latvia Locator Map Credit:  CIA World Factbook.

ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK

The name "Latvia" originates from the ancient Latgalians, one of four eastern Baltic tribes that formed the ethnic core of the Latvian people (ca. 8th-12th centuries A.D.). The region subsequently came under the control of Germans, Poles, Swedes, and finally, Russians. A Latvian republic emerged following World War I, but it was annexed by the USSR in 1940 - an action never recognized by the US and many other countries. Latvia reestablished its independence in 1991 following the breakup of the Soviet Union. Although the last Russian troops left in 1994, the status of the Russian minority (some 28% of the population) remains of concern to Moscow. Latvia joined both NATO and the EU in the spring of 2004.

GAMER CHARGED WITH HACKING INTO GAMING COMPANY SERVERS

Photo:  Gamer Hisroty, Atari's Pong.  Credit:  Wikimedia Commons.

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, November 15, 2012

Gamer Charged with Hacking into and Disabling New Hampshire Gaming Company’s Computer Servers

WASHINGTON – A federal grand jury in the District of New Hampshire returned an indictment late yesterday charging a Dutch national with allegedly conspiring to hack into and disable computer servers belonging to Rampid Interactive, a New Hampshire-based company that publishes and hosts a multi-player online role-playing game called "Outwar," Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney John P. Kacavas of the District of New Hampshire announced today.

Anil Kheda, 24, of the Netherlands, is charged with one count of conspiring to commit computer intrusion and one count of making extortionate interstate threats.

The indictment alleges that from November 2007 to August 2008, Kheda and other members of the conspiracy, all of whom were avid "Outwar" players, accessed Rampid’s computer servers without authorization and rendered "Outwar" unplayable for days at a time. According to the indictment, Kheda and his alleged co-conspirators also used their unauthorized access to Rampid’s servers to alter user accounts – causing the restoration of suspended player accounts and the accrual of unearned game points – and obtain a copy of all or portions of the "Outwar" computer source code, which they used to help create a competitor online game, "Outcraft." The indictment also alleges that Kheda and his alleged co-conspirators sent Rampid interstate communications threatening to continue to hack into Rampid’s computer systems unless Rampid agreed to pay them money or provide them with other benefits.

According to the indictment, as a result of the defendants’ hacking activities, Rampid was unable to operate "Outwar" for a total of approximately two weeks over a nine-month period and incurred over $100,000 in lost revenues, wages, hosting costs, long term loss of business, as well as the loss of exclusive use of their proprietary source code, which it had invested approximately $1.5 million in creating.

According to court documents, Kheda earned approximately $10,000 in profits from operating "Outcraft," which has approximately 10,000 players worldwide.

If convicted, Kheda faces a maximum sentence of five years in prison on the conspiracy charge and two years in prison on the interstate threats charge.

The case was investigated by the FBI and is being prosecuted by Trial Attorney Mona Sedky of the Computer Crime and Intellectual Property Section in the Justice Department’s Criminal Division and Assistant U.S. Attorney Arnold H. Huftalen of the District of New Hampshire.

The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

FORFEITURE JUDGEMENTS ENTERED AGAINST PROPERTIES BOUGHT WITH BRIBE MONEY

FROM: U.S. DEPARTMENT OF JUSTICE

Wednesday, November 14, 2012
U.S. Forfeits $2.1 Million Worth of Property Purchased with Alleged Bribes Paid to the Family of the Former President of Taiwan

The Department of Justice has forfeited a Manhattan condominium and a Virginia residence – with a combined value of approximately $ 2.1 million – purchased with the proceeds of alleged bribes paid to the family of the former President of Taiwan, Shui-Bian Chen, as part of the department’s Kleptocracy Asset Recovery Initiative. Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division announced the forfeiture today with U.S . Immigration and Customs Enforcement (ICE) Director John Morton.

On Oct. 23, 2012, U.S. District Judge Norman Moon of the Western District of Virginia entered a final forfeiture judgment against a residence in Keswick, Va., and On Oct. 24, 2012, U.S. District Judge Katherine Forrest in the Southern District of New York entered a final forfeiture judgment against a condominium in Manhattan. Both properties were previously owned by the former first family of Taiwan through a British Virgin Islands shell company.

Today, ICE Homeland Security Investigations (HSI) took possession of the Virginia property. The title of the Manhattan condominium has been vested through court order to the government.

According to the civil forfeiture complaints filed in this case, during former President Chen’s administration, Yuanta Securities Co. Ltd. paid a bribe of 200 million New Taiwan dollars (equivalent to approximately $6 million USD) to former first lady Sue-Jen Wu in 2004 to ensure that the Taiwan government would not oppose Yuanta’s bid to acquire a financial holding company.

The former first family used Hong Kong and Swiss bank accounts, British Virgin Island companies and a St. Kitts and Nevis trust to purchase the two properties. One of the shell companies, Avallo Limited, which held title to both properties through U.S. domestic companies, settled both forfeiture actions under terms that provide for the sale of the property and forfeiture to the U.S. government of approximately 85 percent of the net proceeds from the sale of both properties.

"The Kleptocracy Initiative was established to prevent corrupt leaders from using the United States as a safe haven for their ill-gotten gains," said Assistant Attorney General Breuer. "The former president of Taiwan’s family allegedly accepted millions in bribes in exchange for official action favoring Yuanta Securities, and we have now taken possession of two valuable properties purchased with their alleged spoils. We are committed to using every tool available to root out foreign official corruption."

"This most recent seizure of luxury properties in New York City and Keswick, Va. belonging to the son of the former President of Taiwan Shui-Bian Chen is part of a continued effort by Homeland Security Investigations special agents to identify, locate, and seize properties and accounts in the United States belonging to him and his family," said ICE Director Morton. "HSI will continue to find and seize the U.S. assets of foreign corrupt officials who try to use our country to conceal the illicit proceeds and profits of their crimes."

The case was prosecuted by Deputy Chief Linda Samuel and Trial Attorney Jennifer Wallis of the Criminal Division’s Asset Forfeiture and Money Laundering Section. The Criminal Division’s Office of International Affairs provided valuable assistance. The case was investigated by ICE- HSI’s Foreign Corruption Investigations Group, the HSI Miami Asset Identification and Removal Group and the HSI Attaché Hong Kong, with assistance from the Taiwan Ministry of Justice, Special Investigations Division.

This case is part of the Justice Department’s Kleptocracy Asset Recovery Initiative. This initiative is carried out by a dedicated team of prosecutors in the Asset Forfeiture and Money Laundering Section, working in partnership with federal law enforcement agencies to forfeit the proceeds of foreign official corruption and where appropriate return those proceeds to benefit those harmed