AFFILIATED PSYCHOLOGIST AND OWNERS OF ASSISTED LIVING FACILITY SENTENCED FOR HEALTH CARE FRAUD

ROM: U.S. DEPARTMENT OF JUSTICE

Thursday, January 24, 2013
Four Sentenced to Prison in Florida Community Mental Health Center Case

The owners of three Miami-area assisted living facilities and an affiliated psychologist were sentenced to prison today in connection with a health care fraud scheme, involving now-defunct Miami-area health provider Health Care Solutions Network Inc. (HCSN), in which Medicare was billed for mental health treatments that were unnecessary or not provided.

The sentences were announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Michael B. Steinbach, Acting Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent-in-Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office.

U.S. District Judge Cecilia M. Altonaga sentenced Serena Joslin, 32, of Looneyville, W.Va., to 63 months in prison, following her previous guilty plea to conspiracy to commit health care fraud. Raymond Rivero, 55, Daniel Martinez, 46, and Ivon Perez, 50, all of Miami, were each sentenced to 28 months in prison. All three had previously pleaded guilty to conspiracy to violate the anti-kickback statute.

According to court documents, HCSN operated community mental health centers both in Miami and North Carolina, including partial hospitalization programs (PHP) – a form of intensive treatment for severe mental illness. HCSN obtained Medicare beneficiaries to attend HCSN for purported PHP treatment that was unnecessary and, in many instances, not provided.

In Miami, HCSN obtained beneficiaries by paying kickbacks to owners and operators of assisted living facilities (ALF) or by otherwise recruiting them from the facilities and from nursing homes. Rivero, Martinez and Perez admitted during their guilty pleas to referring Medicare beneficiaries to HCSN in exchange for cash bribes. Rivero, former owner of Miami-based God Is First ALF; Martinez, former owner of Homestead, Fla.-based Mi Renacer ALF; and Perez, former owner of Homestead-based Kayleen and Denis Care Corp., are no longer permitted to operate such facilities as a condition of their guilty pleas.

According to court documents, ALF residents referred to HCSN by Rivero, Martinez and Perez were not qualified to be placed in PHP and were only selected because they had Medicare or state of Florida Medicaid benefits. In some cases, ALF patients suffered from dementia, Alzheimer’s disease or mental retardation, or were otherwise unable to benefit from mental health services.

According to court documents, Joslin, a licensed psychologist, was hired by HCSN in North Carolina in April of 2010 as a clinical coordinator and later promoted to clinical director. In those roles, she conspired with other HCSN employees to fabricate medical documents to substantiate alleged PHP treatment that was medically unnecessary and, in many instances, not even provided to the beneficiaries. Joslin admitted that many of the HCSN patients were unqualified for the PHP program because they suffered from conditions such as mental retardation and dementia, and that she directed therapists to fabricate medical records to support HCSN’s fraudulent billing to the Medicare program. Joslin was also required to surrender her North Carolina license to provide mental health treatment as part of her plea agreement.

According to court documents, from 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported mental health services.

In addition to the prison terms, Judge Altonaga sentenced Joslin, Rivero, Martinez and Perez each to serve three years of supervised release, and ordered them to pay $4,464,728; $90,896; $76,358; and $89,245 in restitution, respectively.

The cases are being prosecuted by Special Trial Attorney William Parente and Trial Attorney Allan J. Medina of the Criminal Division’s Fraud Section. The cases were investigated by the FBI and HHS-OIG and were brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

PRESIDENT OBAMA LAUDS DECISION TO REMOVE WOMEN'S PROHIBITION FROM COMBAT ROLES

FROM: U.S. DEPARTMENT OF DEFENEE
Obama Praises DOD for Removing Women's Combat Exclusion
American Forces Press Service

WASHINGTON, Jan. 24, 2013 - President Barack Obama today expressed his support for the Defense Department's decision to remove barriers that have prevented military women from serving in direct combat roles.

Defense Secretary Leon E. Panetta and Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, announced the policy change today and signed the memo that sets the process into motion.

"Today, by moving to open more military positions -- including ground combat units -- to women, our armed forces have taken another historic step toward harnessing the talents and skills of all our citizens," the president said in a statement. "This milestone reflects the courageous and patriotic service of women through more than two centuries of American history and the indispensable role of women in today's military."

More than 150 women have died in the wars in Iraq and Afghanistan, the president noted, calling them "patriots whose sacrifices show that valor knows no gender."

Obama said he called Panetta today to express his strong support for the decision, which he said will strengthen the military, enhance readiness, and be another step toward fulfilling the nation's founding ideals of fairness and equality.

"I congratulate our military, including the Joint Chiefs of Staff, for the rigor that they have brought to this process," he said. "As commander in chief, I am absolutely confident that -- as with the repeal of 'Don't Ask, Don't Tell' -- the professionalism of our armed forces will ensure a smooth transition and keep our military the very best in the world.

"Today," he continued, "every American can be proud that our military will grow even stronger with our mothers, wives, sisters and daughters playing a greater role in protecting this country we love."

U.S. GENERAL HAM SPOKE OF PROBLEMS WITH U.S. TRAINING PROGRAM IN MAIL

FROM: U.S. DEPARTMENT OF DEFENSE
Africom Commander Addresses Concerns, Potential Solutions in Mali
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service

WASHINGTON, Jan. 24, 2013 - The commander of U.S. Africa Command today shared lessons learned from what he called shortcomings in the U.S.-Malian training program which have contributed to turmoil in the African nation.

Army Gen. Carter F. Ham spoke to students and faculty here at the Ralph J. Bunche International Affairs Center at Howard University, home to the nation's oldest Africa Studies program.

"We have had a U.S. training effort with the Malian armed forces for some number of years," he said. "Some of that has occurred in Mali, and some of that was Malian officers coming to the U.S. for training, to include, Captain [Amadou] Sanogo, who led the military coup which overthrew the constitutionally-elected government."

"[This is] very worrisome for us," Ham said. "So we looked at that, and we asked ourselves these questions: First of all, did we miss the signs that this was happening? And was there anything that we did in our training that could have been done differently, perhaps, and have caused a different outcome?"

The general said he believes the answer is "a little bit of both."

From a purely military standpoint, Ham said, U.S. forces focused Malian training almost exclusively on tactical and technical matters such as operating equipment, improving tactical effectiveness and aerial re-supply to remote bases.

"All of which is very, very good," he said. "We didn't spend, probably, the requisite time focusing on values, ethics and military ethos."

"When you put on the uniform of your nation, then you accept the responsibility to defend and protect that nation, to abide by the legitimate civilian authority that has been established," Ham said.

Additionally, he said, military members should act lawfully and see themselves as servants to the people of their nation.

"We didn't ... [train] that to the degree that we needed to, I think," Ham said. "I believe that we focused exclusively on tactical and technical [aspects]. So we've learned from that."

The general also talked about what he views as four "inter-related problems," to ending the turmoil in Mali.

"First is the restoration of the constitutional government in Bamako as a necessary precondition for a satisfactory solution," Ham said. "Second is addressing the concerns of a largely disaffected population in the northern portion of the country."

"Thirdly ... is the existence in northern Mali, now, of al-Qaida and other terrorist and extremist organizations that undermine the rule of law," he said. "They've eliminated the rule of law -- that's got to be dealt with."

The fourth problem, which Ham noted doesn't get much attention but is patently the most difficult to address, is bad and worsening humanitarian conditions across the Sahel region of north-central Africa.

"If any one of those four problems existed, it would be a significant problem," he said. "When all four of them exist simultaneously, it makes it increasingly complex."

The resolution of those four issues, Ham said, would be the right end state in Bamako.

"The ability for that government to extend its reach into all portions of the country," he said. "So territorial integrity of Mali is non-negotiable. No discussion of a separatist state or something like that."

"Realistically, we would all like to see the elimination of al-Qaida and other [terrorist and insurgent groups] from northern Mali," Ham said. "Realistically, probably the best you can get is containment and disruption, so that al-Qaida is no longer able to control territory [there] as they do today."

The general said extended governance would also prevent extremist organizations from controlling the lives of citizens in the country's population centers, particularly Timbuktu, Gao and Kidal.

"Those have to be freed and restored under Malian control," Ham said. "So I think that is what I would see as the [desired] end state."

Ham made it clear resolving these issues is a task for African nations and not the U.S.

"We very clearly see this from the U.S. government side, in fact and in perception, as an African-led endeavor that is done at the request of the Malian government and I think that's well under way now," he said.

SECRETARY OF STATE PANETTA'S STATEMENT ON WOMEN IN THE MILITARY

FROM: U.S. DEPARTMENT OF DEFENSE
Statement on Women in Service
As Delivered by Secretary of Defense Leon E. Panetta, Pentagon Press Briefing Room, Thursday, January 24, 2013

ood afternoon. One of my priorities as Secretary of Defense has been to remove as many barriers as possible for talented and qualified people to be able to serve this country in uniform. Our nation was built on the premise of the citizen-soldier. In our democracy, I believe it is the responsibility of every citizen to protect the nation. And every citizen who can meet the qualifications of service should have that opportunity.

To that end, I've been working closely with General Dempsey and the Joint Chiefs of Staff. We've been working for well over a year to examine, how can we expand the opportunities for women in the armed services?

It's clear to all of us that women are contributing in unprecedented ways to the military's mission of defending the nation. Women represent 15 percent of the force, over 200,000. They're serving in a growing number of critical roles on and off the battlefield. The fact is that they have become an integral part of our ability to perform our mission.

Over more than a decade of war, they have demonstrated courage and skill and patriotism. A hundred and fifty-two women in uniform have died serving this nation in Iraq and Afghanistan. Female servicemembers have faced the reality of combat, proven their willingness to fight and, yes, to die to defend their fellow Americans.

However, many military positions, particularly in ground combat units, still remain closed to women because of the 1994 direct ground combat definition and assignment rule. Military and civilian leaders in this department have been taking a hard look at that rule based on the experiences of the last decade.

In early 2012, we announced a series of modifications to that rule which opened up more than 14,000 new positions to women, including positions that were collocated with ground combat units and certain positions in ground combat units below the battalion level. These changes have been implemented, and the experience has been very positive.

Every time I visited the warzone, every time I've met with troops, reviewed military operations, and talked to wounded warriors, I've been impressed with the fact that everyone - men and women alike - everyone is committed to doing the job. They're fighting and they're dying together. And the time has come for our policies to recognize that reality.

The chairman and the Joint Chiefs of Staff and I believe that we must open up service opportunities for women as fully as possible. And therefore today, General Dempsey and I are pleased to announce that we are eliminating the direct ground combat exclusion rule for women and we are moving forward with a plan to eliminate all unnecessary gender-based barriers to service. In a few moments after we speak, we'll both sign a memo that will rescind the '94 barrier.

Our purpose is to ensure that the mission is carried out by the best qualified and the most capable servicemembers, regardless of gender and regardless of creed and beliefs. If members of our military can meet the qualifications for a job - and let me be clear, I'm not talking about reducing the qualifications for the job - if they can meet the qualifications for the job, then they should have the right to serve, regardless of creed or color or gender or sexual orientation.

Having conducted an extensive review, the Joint Chiefs of Staff have developed a very thoughtful approach to integrating women into occupations across the force. I strongly agree with their guiding principles and the specific milestones that they propose.

We are all committed to implementing this change without compromising readiness or morale or our warfighting capabilities. Positions will be open to women following service reviews, using the Joint Chiefs' guiding principles, and following congressional notification procedures established by law.

For this change and policy to succeed, it must be done in a responsible, measured, and a coherent way. I'll let General Dempsey describe our plan of action in greater detail. But the bottom line is that further integration of women will occur expeditiously, even as we recognize the need to take time to institutionalize changes of this importance.

The steps we are announcing today are significant. And in many ways, they are an affirmation of where we have been heading as a department for more than 10 years. Nevertheless, it will take leadership and it will take professionalism to effectively implement these changes. I am confident in our ability to do that, because I am confident in the leadership that General Dempsey and the Joint Chiefs of Staff have demonstrated throughout this process.

This has truly been a team effort, and I deeply admire the extremely thorough and considerate approach that they have taken. I want to express my deepest thanks to Marty Dempsey for his leadership and all of the service chiefs who has been working on this issue and as a group came forward with the recommendation that we are implementing today.

Our men and women in uniform could not ask for more from their leaders in uniform. I fundamentally believe that our military is more effective when success is based solely on ability and qualifications and on performance.

When I look at my grandsons and my granddaughters - you know, I've got six grandchildren, three grandsons and three granddaughters - I want each of them to have the same chance to succeed at whatever they want to do. In life, as we all know, there are no guarantees of success. Not everyone is going to be able to be a combat soldier. But everyone is entitled to a chance.

By committing ourselves to that principle, we are renewing our commitment to the American values our servicemembers fight and die to defend. As Secretary, when I've gone to Bethesda to visit wounded warriors, and when I've gone to Arlington to bury our dead, there is no distinction that's made between the sacrifices of men and women in uniform. They serve, they're wounded, and they die right next to each other. The time has come to recognize that reality.

By opening up more opportunities for people to serve in uniform, we are making our military stronger and we are making America stronger. We deeply honor all of those past generations, combat soldiers and Marines, who fought and died for our freedom. And in many ways, their sacrifice has ensured that the next greatest generation will be one of men and women who will fight and die together to protect this nation. And that is what freedom is all about.

ECONOMIC SECURITY IN HAITI

Map:  Haiti.  Credit:  CIA World Factbook.

FROM: U.S. STATE DEPARTMENT

Fast Facts on the U.S. Government's Work in Haiti: Economic Security
Fact Sheet
Office of the Haiti Special Coordinator
January 22, 2013
 
The Challenge


Even before the earthquake, Haiti faced significant challenges to economic security. Its economy is primarily driven by informal micro-, small-, and medium-sized enterprises (MSMEs), which generate up to 80 percent of new jobs. However, informal MSMEs have difficulties accessing financing from formal institutions, thus limiting their ability to grow. The wide-scale damage caused by the earthquake further exacerbated the situation, disrupting businesses and destroying stores and other infrastructure. Estimates indicate that 40 percent of the Haitian population is unemployed.

USG Strategy

Economic security is predicated on people having secure livelihoods. The U.S. Government is helping the Haitian government in its goal of creating jobs, with a corresponding increase in household incomes, savings, and other assets―resulting in increased economic security. To achieve this goal, the U.S. Government is:
Helping the Government of Haiti to attract foreign direct investment;
Supporting value chains related to foreign direct investment and U.S. Government investments, such as energy, health, and housing;
Working with local financial institutions and investment opportunities to increase access to finance; and
Supporting efforts to increase tax and customs revenue generation. Since 2008, U.S. trade preferences for Haiti have contributed to the creation of 8,000 apparel sector jobs.
Accomplishments

The U.S. Department of Treasury is providing technical assistance to the Ministry of Finance to improve budgeting, tax collection, and debt management in the public sector. The U.S. Agency for International Development (USAID) is carrying out the private-sector U.S. Government strategy by creating jobs in targeted sectors and increasing access to capital from formal sources to stimulate growth and job opportunities. So far, we have:
Provided support valued at more than $12million to more than 30 microfinance institutions to increase lending to underserved populations and MSMEs in several sectors.
Contributed to more than 15,000 agricultural loans for farmers to improve crop production and agricultural cooperatives to access markets directly. Crops include mango, cocoa, plantain, corn, rice, and beans.
Partnered with the Bill & Melinda Gates Foundation to launch the first mobile money service in Haiti. After reaching 5 million transactions as of June 2012, the initiative is now focused on facilitating mobile money use by various stakeholders, including the Government of Haiti and the private sector, in order to ensure sustainability.
Supported a business plan competition, leveraging private investments and using a grant matching mechanism of up to $200,000 for each competition winner to enable the small and medium enterprises (SMEs) to scale up their entrepreneurial ideas. Through this competition 22 SMEs received Technical Assistance, of which four were selected to receive matching funds to expand their operations. These businesses will create more than 240 additional jobs.
Finalized four new Development Credit Authority (DCA) guarantees, which will stimulate up to $30 million in loans by local commercial banks, microfinance institutions and credit unions. The guarantees will exist over a nine-year period and contribute to rebuilding the private sector by increasing local lending to MSMEs and out-of-reach populations.
　

ISS UPDATE FOR JANURAY 24, 2013

FROM: NASA

 

President Obama Makes a Personnel Announcement | The White House

President Obama Makes a Personnel Announcement | The White House

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT

FROM: U.S. DEPARTMENT OF LABOR

SEASONALLY ADJUSTED DATA


In the week ending January 19, the advance figure for seasonally adjusted initial claims was 330,000, a decrease of 5,000 from the previous week's unrevised figure of 335,000. The 4-week moving average was 351,750, a decrease of 8,250 from the previous week's revised average of 360,000.

The advance seasonally adjusted insured unemployment rate was 2.5 percent for the week ending January 12, unchanged from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending January 12 was 3,157,000, a decrease of 71,000 from the preceding week's revised level of 3,228,000. The 4-week moving average was 3,197,500, a decrease of 12,250 from the preceding week's revised average of 3,209,750.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 436,766 in the week ending January 19, a decrease of 119,944 from the previous week. There were 416,880 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 2.9 percent during the week ending January 12, a decrease of 0.1 percentage point from the prior week's unrevised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,690,615, a decrease of 177,080 from the preceding week. A year earlier, the rate was 3.2 percent and the volume was 4,069,651.

The total number of people claiming benefits in all programs for the week ending January 5 was 5,659,760, a decrease of 214,076 from the previous week. There were 7,670,108 persons claiming benefits in all programs in the comparable week in 2012.

Extended Benefits were not available in any state during the week ending January 5.

Initial claims for UI benefits filed by former Federal civilian employees totaled 2,354 in the week ending January 12, an increase of 578 from the prior week. There were 3,037 initial claims filed by newly discharged veterans, an increase of 659 from the preceding week.

There were 22,166 former Federal civilian employees claiming UI benefits for the week ending January 5, a decrease of 571 from the previous week. Newly discharged veterans claiming benefits totaled 40,567, an increase of 1,425 from the prior week.

States reported 1,693,797 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending January 5, a decrease of 365,641 from the prior week. There were 2,922,533 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending January 5 were in Alaska (6.6), Pennsylvania (4.8), Puerto Rico (4.5), New Jersey (4.4), Oregon (4.3), Wisconsin (4.3), Connecticut (4.2), Michigan (4.2), Montana (4.2), and Rhode Island (4.1).

The largest increases in initial claims for the week ending January 12 were in Texas (+12,786), California (+10,232), Florida (+7,314), Indiana (+4,266), and New Jersey (+3,570), while the largest decreases were in New

SECRETARY OF STATE CLINTON INTRODUCES NOMINEE JOHN KERRY

FROM: U.S. DEPARTMENT OF STATE
Remarks Introducing Nominee for Secretary of State, Senator John Kerry at His Senate Foreign Relations Committee Confirmation Hearing

Testimony
Hillary Rodham Clinton
Secretary of State
Hart Office Building
Washington, DC
January 24, 2013
　

Thank you, Mr. Chairman. It’s very good to be back and to have this opportunity to join with Senator Warren and Senator McCain in introducing President Obama’s nominee to be the next Secretary of State. I was very honored when John asked me to take part in this because John is the right choice to carry forward the Obama Administration’s foreign policy, and I urge his speedy confirmation.

As we’ve heard from both the Chairman and the Ranking Member and just now Senator Warren, he will bring a record of leadership and service that is exemplary. He has a view of the world that he has acted on, first as that young returning veteran from Vietnam who appeared before this committee, through the time that he served with such distinction as its chairman. He’s been a valued partner to this Administration and to me personally. He has fought for our diplomats and development experts. He understands the value of investing in America’s global leadership. And as we work to implement the Accountability Review Board’s recommendations, he is committed to doing whatever it takes to prevent another attack and protect our people and posts around the world.

Now, working together, we’ve achieved a great deal. But the State Department and USAID have a lot of unfinished business, from Afghanistan to nonproliferation to climate change to so much. We need to sustain our renewed engagement in the Asia Pacific, continue ramping up economics as a tool for advancing American interests and jobs, pressing forward with unleashing the potential of the world’s women and girls, keep championing the kind of smart power that looks to innovation and partnerships with governments and people alike to promote peace and stability.

John has built strong relationships with leaders in governments here and around the world, and he has experience in representing our country in fragile and unpredictable circumstances. He was in Pakistan and Afghanistan a few years ago, and we were consulting over the phone. He played an instrumental role in working with President Karzai at that time to accept the results of the election and to move forward. I had to call Harry Reid and ask Harry not to schedule any votes so that John could continue to stay there to see that mission through. But that’s what he does. He is a determined and effective representative of the United States, has been as a senator, will be as Secretary.

Let me close by saying that leading our diplomats and development experts is a great honor. And every day, as I testified yesterday, I’ve seen firsthand their skill, their bravery, their unwavering commitment to our country. I’ve been proud to call them colleagues and to serve as Secretary of State. And I’m very pleased that John will be given the chance, subject to confirmation, to continue the work of a lifetime on behalf of our country.

Thank you.

FEMA AND NORTHCOM EXAMINE RESPONSE TO HURRICANE SANDY

Army Gen. Charles H. Jacoby Jr., commander of U.S. Northern Command, and Federal Emergency Management Agency Administrator W. Craig Fugate speak at a news conference at Northcom headquarters, Peterson Air Force Base, Colo., Jan. 23, 2013. Fugate met with Jacoby to discuss cooperation between FEMA and Northcom during complex catastrophes. U.S. Air Force photo by Tech. Sgt. Thomas J. Doscher

FROM: U.S. DEPARTMENT OF DEFENSE
Northcom, FEMA Build on Hurricane Sandy Response Lessons
By Donna Miles
American Forces Press Service

WASHINGTON, Jan. 24, 2013 - Army Gen. Charles H. Jacoby Jr., commander of U.S. Northern Command, hosted Federal Emergency Management Agency Administrator W. Craig Fugate yesterday to explore how to build on lessons from Hurricane Sandy to improve their response to future disasters -- particularly complex catastrophes.

Fugate, who led the Sandy response, praised the military support provided through Northcom, which provides defense support to civil authorities as one of its core missions.

The challenge now is to take lessons learned from the response to fix areas that need improvement and improve processes that went well, Jacoby and Fugate told reporters during a joint news conference following their meeting at Peterson Air Force Base, Colo.

"We are not dwelling on the past as much as we are thinking about the future and ensuring we take the things we learn over time and push forward into the challenges that lie ahead for us," Jacoby said. "We had very, very fruitful discussions today that I think in the long term will end up being of great benefit to our citizens across the country."

One of the lessons identified during the Hurricane Katrina response in 2005 and reinforced during Hurricane Sandy last year is the importance of preparation, he said.

Jacoby recognized an extensive training and exercise program, with hurricane preparations throughout the interagency community beginning around Jan. 1 for each year's hurricane season, which starts June 1. "We have a very deliberate process where we work together," he said.

Another lesson from past disasters, the importance of pre-positioning assets where they are expected to be needed, also benefited the Hurricane Sandy response, Fugate noted. "You don't wait until [the state governors] say they need something to start moving it," he said. "You get there early, you move stuff early, all under the presumption that if [a situation] is bad, we want to be able to support it. You can't wait until it is overwhelming."

From a Defense Department standpoint, Jacoby said, the biggest challenge is not to be late to meet communities' needs. "We have the strongest, most resilient communities, towns, counties [and] cities across the land," he added. "But when they need the Department of Defense, they really need them."

So as Hurricane Sandy roared north along the Atlantic coast in October, Jacoby said, he ensured senior Defense Department leaders understood the potential scope and scale of the operation they could be called on to support. They, in turn, gave him the authority to move a full range of assets before the storm made landfall. That included search-and-rescue assets that proved vital during the response, he noted.

"We have all learned to get our search-and-rescue assets pre-positioned early and in place [to] minimize loss of life," the general said. "In Sandy, we were able to get the maximum number of resources for search-and-rescue forward early and had good effect."

Hurricane Sandy also validated the value of the new dual-status commander construct, which authorizes a designated National Guard flag officer to command active-duty, reserve and National Guard forces, Jacoby said. Dual-status commanders led joint task forces in New Jersey and New York, providing a unified response that is not possible when military forces report to separate commanders, he added.

Fugate praised the positive contribution the construct made to the Sandy response.

"It meant being able to bring a lot of resources to bear quicker," he said. "It allowed the president and defense secretary to provide resources faster and with greater unity of effort to a domestic response."

Jacoby said he hopes to continue improving on the arrangement and to build on other lessons learned during Hurricane Sandy.

"We are not going to spend too much time congratulating ourselves on Sandy," he said. "We need to focus on how to get better and continue to meet the expectations of the American public."

Fugate said the huge scale of Hurricane Sandy highlighted a shortcoming in how FEMA calls on Northcom to support disasters -- particularly large, complex ones that affect multiple states. In some cases, he said, FEMA had defined its requirements so narrowly that it limited support the military could provide.

"I need to make sure [the Northcom commander] has the mission requirements large enough, scoped broad enough, to allow a flexible response without being so prescriptive to say, 'This state, this mission,' as much as, 'This mission across multiple states,'" he said.

That could prove critical in the event of a disaster even larger than Sandy, Fugate said. "We need to understand that as bad as Sandy was, that may not be the benchmark that we need to limit ourselves to," he said. "There are threats and potential disasters that could be even larger."

As FEMA explores this concept, Northcom is busy applying the lessons from its hurricane response missions to another type of disaster it's regularly called on to support: wildfires that rage beyond the capabilities of state and local first responders.

"Like [during] hurricane season, where we begin early and build relationships and we exercise and work together ahead of time, we are instituting a similar process for firefighting," Jacoby told reporters. "We are building the team ahead of time so the relationships are there. We are not exchanging business cards with our partners at the time of the fire, but well before the fire."

U.S. TERRORIST DESIGNATIONS FOR THE ABDALLAH AZZAM BRIGADEES

FROM: U.S. DEPARTMENT OF STATE
Terrorist Designations of the Abdallah Azzam Brigades
Media Note
Office of the Spokesperson
Washington, DC
January 24, 2013
The Department of State designated the Abdallah Azzam Brigades (AAB) as a Foreign Terrorist Organization (FTO) under Section 219 of the Immigration and Nationality Act and as a Specially Designated Global Terrorist under section 1(b) of Executive Order 13224. The Abdallah Azzam Brigades (AAB), a militant organization based in both Lebanon and the Arabian Peninsula, was formed in 2009. AAB is led by Saleh al-Qar’awi, who was designated by the Department of State under E.O. 13224. The Department of State also designated AAB’s bomb maker, Abu Jabal, under E.O. 13224 on November 22, 2011.

AAB carried out a July 2010 attack on the Japanese-owned oil tanker M/V M.Star in the Strait of Hormuz. According to a statement released online, AAB claimed that the attack was carried out by its Arabian Peninsula Branch, which calls itself the Yusuf al-’Uyayri Battalions of the Abdullah Azzam Brigades. AAB has repeatedly articulated its intent to carry out attacks against Western interests in the Middle East. In 2010, for instance, the group expressed an interest in kidnapping U.S. and British tourists in the Arabian Peninsula.

In addition, AAB is responsible for numerous indiscriminate rocket attacks on Israeli civilians. These attacks, which have been launched from within Lebanon by the Ziyad al-Jarrah Battalions of the Abdallah Azzam Brigades, have targeted population centers in northern Israel.

The consequences of these designations include a prohibition against knowingly providing material support or resources to, or engaging in transactions with, the Abdallah Azzam Brigades, and the freezing of all property and interest in property of the organization that are in the United States, or come within the United States, or the control of U.S. persons. The Department of State took these actions in consultation with the Departments of Justice and Treasury.

STATE DEPARTMENT OFFICIAL'S REMARKS REGARDING NORTH KOREA POLICY

Photo:  Royal Palace In Seoul.  Credit:  CIA World Factbook.

FROM: U.S. DEPARTMENT OF STATE
Remarks to Press in Seoul
Remarks
Glyn Davies
Special Representative for North Korea Policy
Ministry of Foreign Affairs and Trade
Seoul, Korea,South
January 24, 2013
　

 
AMBASSADOR DAVIES: Most of you are not here because I am here, it is because the President is here. But let me go ahead and make a couple of very quick remarks. I do want to follow up on what I said at the airport yesterday, and then maybe we will have time for a few questions at the end of it. But I do want to clear out in time for the President’s departure. I do not want to get in his way.

Obviously what I said yesterday is that I very much look forward to being here in Seoul, South Korea, on the first stop of a three-city visit to North Asia. I started out last night, had an excellent dinner conversation with representatives of the President-elect’s transition team. We talked about all the issues. This morning, I checked in briefly with my very good friend Ambassador Sung Kim, met with General Thurman at U.S. Forces Korea. But the most important meeting I have had so far today was the one I just came from with my excellent friend and colleague and partner Ambassador Lim Sung-nam, and we talked about all aspects of the North Korea issue.

I will go on from here to meet with Vice Minister Kim at the Ministry of Unification, and will finish up my formal meetings by going to the Blue House to meet with Ambassador Chun, and I look forward very much to that. Then off to Beijing tomorrow and Tokyo on Saturday.

As I said at the airport, my visit occurs against the backdrop of the action taken by the United Nations Security Council and the passage of Resolution 2087, which condemns the December 12 launch by North Korea of a three-stage intercontinental-type ballistic missile. It imposes strong sanctions on North Korean companies, agencies, individuals. It strengthens the nonproliferation provisions and increases vigilance with regard to DPRK financial activities. This tough resolution, these tightened sanctions are reasonable, necessary, and justified in the face of the DPRK’s unacceptable violation of its obligations under previous United Nations Security Council actions.

We now call on all UN member states to do their part in implementing the provisions of the resolutions. The sanctions will help to impede the growth of weapons of mass destruction programs in North Korea and reduce the threat of proliferation by targeting entities and individuals directly involved in these programs.

I think it is exceedingly important, as I said at the airport, that this was passed by unanimous consent of 16 nations from all corners of the world. And this, of course, follows up the very broad coalition of nations, some 60 countries and international organizations which condemned the launch when it occurred. This broad and growing consensus sends a unified message to Pyongyang. And the message is: "Live up to your obligations. Keep your promises. Start down the path of denuclearization. Keep the commitment you made in 2005 in the Joint Statement of that year. Or you will only further isolate your nation and impoverish your people."

Now, you know all of that already. Ambassador Susan Rice, my colleague in New York at UN headquarters, went into detail about the resolutions, so I will not say anything further about that at this moment.

Why am I here? Why am I here with Syd Seiler of the White House staff and colleagues from the State Department? Because we want to reinforce a message that our President and Secretary of State have sent. That message is that we, the United States of America, are still open to authentic and credible negotiations to implement the September 19, 2005 Joint Statement. We are willing to extend our hand if Pyongyang chooses the path of peace and progress by letting go of its nuclear weapons and its multi-stage missiles. If North Korea comes into compliance with Security Council resolutions and takes irreversible steps leading to denuclearization, the United States said we believe our other partners in the Six-Party process will do the hard work with the DPRK of finding a peaceful way forward.

So our mission, starting here in Seoul, is to explore ideas for how we might move forward, how might we achieve authentic and credible negotiations. It is very much up to Pyongyang to decide. And here in Seoul especially, we want to stress one key point: Without sustained improvement in inter-Korean relations, U.S.-DPRK ties cannot fundamentally improve. This is why our talks here in Seoul are so important to us. Our alliance with the ROK is strong. It is getting stronger. We look forward with great anticipation to deepening our ties under this vibrant democracy’s new president.

With that, let me go to your questions very quickly before I think we have to clear out.

QUESTION: Ambassador, is the U.S. and South Korea going to impose its own additional sanctions on North Korea?

AMBASSADOR DAVIES: Well, I think the first step we take, certainly on the part of the United States, will be to implement the provisions of the sanctions contained in the resolution just passed by the United Nations Security Council. We will do that, and then we will take a look at what further steps might be necessary. And of course I cannot speak for the Republic of Korea. It is up to the government here in Seoul to make that decision for themselves.

QUESTION: Will these authentic and credible negotiations be unconditional, that they won’t be conditioned on denuclearization? Following North Korean Foreign Ministry statement yesterday, how does this, you know, willingness to continue dialogue fit in?

AMBASSADOR DAVIES: Well, our policy toward North Korea has been the same for a while now. It has been a dual-track policy of engagement when possible, pressure when necessary. We are, of course, in a bit of a pressure phase. But I am here because my role in this as a diplomat representing the United States is to try always creatively to look for ways forward. And we are interested, as we have been all along, as we demonstrated back in 2011 and 2012 through our 10-month effort to talk to North Korea, always interested in trying to find ways forward diplomatically with the North. I think that that has to be ultimately a multilateral process going forward.

So, I am not going to get into conditionality for any diplomatic process going forward. There are obvious things that you know well about. Further provocations are not going to help the process forward. They would only retard it, make it much more difficult for us to engage. It is very important, I stressed this in my statement at the beginning, very important that North-South relations improve, and that is very much up to Pyongyang to accept any overtures it receives, not to further provoke South Korea. So all of these strictures remain in place. All of these conditions remain in place, but beyond that, it does not serve any interest for me to go into further negotiating with North Korea through my discussion here with you today.

QUESTION: What’s your prospect about North Korea’s nuclear test?

AMBASSADOR DAVIES: Well, I addressed this at the airport yesterday. Whether North Korea tests or not is up to North Korea. We hope they do not do it. We call on them not to do it. It would be a mistake and a missed opportunity if they were to do it. This is not a moment to increase tensions on the Korean Peninsula. This is a moment to seize the opportunity that has been out there with the new government in Seoul, with the renewal of the mandate of the President of the United States, who has always been interested in finding diplomatic ways forward. This is an opportunity to try to find a way forward in that respect.

So, that is why I am here to emphasize that particular point. Last question.

QUESTION: Can the U.S. government confirm that North Korea is indeed ready for a nuclear test? Because there are reports in South Korea that they are waiting on the political decision.

AMBASSADOR DAVIES: All of you want to write articles about nuclear tests. And you all want to talk about how this is something that North Korea could do in reaction to steps that we take and all of the rest of it. Again, these underground tests, it is not for me to predict whether they will test or not. We hope they do not. We call on them not to do it. It would be highly provocative. It would set back the cause of trying to find a solution to these long-standing problems that have prevented the peninsula from becoming reunited. I think it is very important that they do not test. And I hope you will forgive me, but I am not going to get into talking about what is happening at Punggye, or what is not happening at Punggye, will they test, won’t they test. My point is a diplomatic point, that testing a nuclear device would be a supremely unhelpful and retrograde step by North Korea, were they to choose to do it.

Anyway, I have got to go. I think you have your president coming down. I want to get out of his way. Thank you all very much. This has been my pleasure. I hope to see you all again soon. Thank you.

NEWS FROM AFGHANISTAN FOR JANUARY 24, 2013

Afghan soldiers return to base after conducting a security operation in Farah province, Afghanistan, Jan. 19, 2013. U.S. Marine Corps photo by Sgt. Chadwick de Bree  

FROM: U.S. DEPARTMENT OF DEFENSE
Combined Force Arrests Haqqani Network Facilitator
From an International Security Assistance Force Joint Command News Release

KABUL, Afghanistan, Jan. 24, 2013 - A combined Afghan and coalition security force arrested a Haqqani network facilitator in the Sabari district of Afghanistan's Khost province today, military officials reported.

The facilitator was responsible for purchasing and selling weapons to support the insurgency, and he coordinated the movement of bomb-making materials and ammunition.

The security force also detained two suspected insurgents and seized firearms in the operation.

In Afghanistan operations yesterday:

-- A combined force in Kandahar province's Panjwai district arrested a Taliban facilitator who coordinated the movement of weapons and ammunition for attacks against Afghan and coalition forces. He also provided financial and logistic support for improvised explosive devices and offered a safe haven for insurgents. The security force also detained a suspected insurgent and seized 100 pounds of illegal narcotics.

-- In Logar province's Pul-e Alam district, coalition forces found more than 33 tons of ammonium nitrate, a banned fertilizer insurgents use to make explosives, and nearly 20,000 feet of electrical wire.

-- A combined force in Kunar province's Ghaziabad district killed two insurgents during a search for an al-Qaida-associated Taliban leader who organizes attacks against Afghan and coalition forces and enables insurgent movements.

-- In Nangarhar province's Khugyani district, a precision airstrike killed three heavily armed insurgents.

CLINIC DIRECTOR SENTENCED TO 70 MONTHS IN PRISON FOR PART IN HIV INFUSION FRAUD SCHEME

FROM: U.S. DEPARTMENT OF JUSTICE

Wednesday, January 23, 2013
Former Miami Clinic Director Sentenced to 70 Months in Prison for Role in HIV Infusion Fraud Scheme

A former Miami HIV infusion clinic director was sentenced today to serve 70 months in prison for his role in a $26.2 million HIV infusion fraud scheme, announced Assistant Attorney General Lanny Breuer of the Criminal Division, U.S. Wifredo A. Ferrer of the Southern District of Florida, Acting Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office.

Enrique Gonzalez, 67, formerly of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida. In addition to his prison term, Judge Altonaga sentenced Gonzalez to serve three years of supervised release and ordered him to pay $17,590,896 in restitution to HHS.

On Nov. 13, 2012, Gonzalez pleaded guilty to one count of conspiracy to defraud the United States, to cause the submission of false claims, and to pay health care kickbacks, and one count of conspiracy to commit health care fraud.

Gonzalez admitted that between August 2002 and March 2004, he conspired with co-defendant Ronald Harris, a Miami physician, and alleged co-conspirators to operate Physicians Med-Care and Physicians Health (together the "Physicians Clinics"), two Miami HIV infusion clinics. According to court documents, the Physicians Clinics were owned and controlled by alleged co-conspirators Carlos Benitez and his brother Luis Benitez. The Physicians Clinics purported to specialize in treating patients with HIV, but were operated for the sole purpose of committing Medicare fraud, according to court documents. Gonzalez was a director of Physicians Med-Care and, at the direction of his co-conspirators, was responsible for the finances of the Physicians Clinics.

Gonzalez admitted that he agreed with his co-conspirators to handle the finances for the Physicians Clinics, moving the money paid by the Medicare program out of the Physicians Clinics’ accounts and into accounts owned and controlled by his co-conspirators. According to court documents, Harris signed blank checks that Gonzalez used to transfer funds to various Benitez-owned entities and others, as directed by his co-conspirators. In addition, Gonzalez agreed to provide cash to various co-conspirators at the Physicians Clinics to be used to pay bribes and kickbacks to the Medicare beneficiaries in return for those beneficiaries allowing the Physicians Clinics to bill the Medicare program for HIV infusion services that were not medically necessary and often not provided.

Gonzalez admitted that during his association with Physicians Med-Care, the clinic billed the Medicare program approximately $24.5 million in HIV infusion therapy claims, for which the clinic received $16.7 million in payments. Gonzalez also admitted that during his time with Physicians Health, the clinic billed Medicare approximately $1.7 million and received approximately $800,000 in payment from the Medicare program for fraudulent services.

Gonzalez was a fugitive from justice from the time of his indictment in 2008, until he was located and detained in Peru in late 2011. Gonzalez was extradited to the United States in July of 2012. Gonzalez’ daughter, Carmen Gonzalez, was indicted in a related case and is currently a fugitive.

Co-defendant Harris pleaded guilty on Aug. 26, 2008, to one count of conspiracy to defraud the United States, to cause the submission of false claims and to pay health care kickbacks; one count of conspiracy to commit health care fraud; and three counts of submitting false claims to the Medicare program. Harris pleaded guilty in connection with his role as the medical director for the Physicians Clinics. On Nov. 4, 2008, Harris was sentenced to serve 84 months in prison for his role in the scheme.

Carlos and Luis Benitez and Thomas McKenzie were charged separately with health care fraud and money laundering crimes in an indictment unsealed on June 11, 2008. According to the separate indictment, the defendants provided the money and staff necessary to open the Physicians Clinics, the Medicare patients that the clinics needed to bill the Medicare program and transportation for the HIV patients who visited the clinics. Carlos and Luis Benitez and McKenzie were charged for their role in committing approximately $109 million in HIV infusion fraud and money laundering through the Physicians Clinics and nine other HIV infusion clinics.

On Sept. 18, 2008, McKenzie pleaded guilty to one count of conspiracy to commit health care fraud and one count of submitting false claims to the Medicare program, and admitted to his role in a $119 million HIV infusion fraud scheme. On Dec. 18, 2008, McKenzie was sentenced to serve 14 years in prison.

Carlos and Luis Benitez are also fugitives. Anyone with information regarding the whereabouts of the fugitives is urged to contact HHS-OIG fugitive reporting phone line at 888-476-4453.

The defendants who have not been convicted are presumed innocent unless and until proven guilty.

The Physicians Med-Care and Physicians Health case is being prosecuted by Trial Attorney N. Nathan Dimock of the Criminal Division’s Fraud Section. The case was investigated by the FBI and the DHS Office of Inspector General.

The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. The Department also thanks the Peruvian National Police Interpol Unit for their assistance.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

La NASA participará en la misión de la ESA para estudiar el lado oscuro del Universo

La NASA participará en la misión de la ESA para estudiar el lado oscuro del Universo

ANTARTIC SEARCH AND RESCUE MISSION UNDERWAY

Photograph by: Spencer Klein, NSF

FROM: NATIONAL SCIENCE FOUNDATION

NSF Cooperating with Italy, New Zealand in Search for Downed Plane in Antarctica

January 23, 2013
Officials with the U.S. Antarctic Program are cooperating with their Italian and New Zealand counterparts, as well as the Rescue Coordination Centre in Wellington, NZ, in a search-and-rescue effort to locate a propeller-driven aircraft that is believed to have crashed in a remote and mountainous part of Antarctica.

A three-person crew is believed to have been aboard the de Havilland Twin Otter when contact was lost with the plane in the early morning hours of Jan. 23, Eastern Standard Time (U.S. stations in Antarctica keep New Zealand time). The nationalities of the crew are unconfirmed at this point.

The missing plane was flying in support of the Italian Antarctic Program under the logistical responsibility of the Italian National Agency for New Technologies, Energy and Sustainable Economic Development (ENEA), and was en route from NSF's Amundsen-Scott South Pole Station to the Italian research station at Terra Nova Bay when contact was lost with the aircraft in a remote region of the Transantarctic Mountains.

The aircraft is owned and operated by Kenn Borek Air Ltd., a Canadian firm headquartered in Calgary that charters aircraft to the U.S. program.

Communications between U.S. officials at McMurdo Station in Antarctica and the New Zealand Rescue Coordination Centre confirmed that an emergency locator beacon had been activated.

Officials are monitoring conditions at the site, where the weather is currently very poor, to decide when to launch a search of the area and what kind of aircraft to use.

The National Science Foundation (NSF) manages the U.S. Antarctic Program through which it coordinates all U.S. scientific research on the southernmost continent and in the surrounding Southern Ocean as well as providing the necessary logistical support for the science.

Pricing flu risk

Pricing flu risk

NORAD AND THE LAW

Army Sgt. Adama Ilbouda, left, with the New York Army National Guard, and Air Force Tech. Sgt. David Tayler of the New York Air National Guard's 274th Air Support Operations Squadron, distribute fuel at the Staten Island Armory during the Hurricane Sandy response, Nov. 3, 2012, U.S. Northern Command and North American Aerospace Defense Command operate according to strict laws and policies that govern how U.S. forces can be used in the homeland. U.S. Army photo by Sgt. 1st Class Jon Soucy

FROM: U.S. DEPARTMENT OF DEFENSE, NORTHCOM
Strict Laws, Policies Frame Northcom, NORAD Operations
By Donna Miles
American Forces Press Service

PETERSON AIR FORCE BASE, Colo., Jan. 23, 2013 - Every time U.S. Northern Command and North American Aerospace Defense Command get involved in a mission, a team of lawyers here pays extra close attention.

"You may not hear from us every single time at every single meeting in the building, but we are sitting in on them, and we are listening," Coast Guard Capt. Timothy Connors, staff judge advocate for NORAD and Northcom, told American Forces Press Service.

Connors oversees a staff of 17 active-duty and 15 reserve lawyers -- the most assigned to any U.S. combatant command. Their job is to advise Army Gen. Charles H. Jacoby Jr., the NORAD and Northcom commander, to ensure the commands remain squarely within the law as they operate in the homeland.

With a homeland defense mission that crosses every domain -- air, land, space, maritime and cyber -- and support roles when needed during domestic disasters and to conduct theater security cooperation assistance, the commands' activities fall within a huge body of law.

These laws dictate what military forces can and can't do inside the United States, Connors explained. They also differentiate between missions federal forces can conduct and those reserved for National Guardsmen operating in a state capacity.

Northcom uses military assets to watch outward for threats headed toward the country, but largely plays a support role for those already within its borders. Military members can support civilian law enforcement for counterdrug operations within the United States, but can't get directly involved in law enforcement activities. They can perform designated missions such as delivering fuel and distributing supplies following a natural disaster, but can't do jobs that would take revenue from private companies.

Simply put, many of the missions that U.S. forces conduct every day outside the United States can't be done within Northcom's area of responsibility.

"Something might sound like a great use of Department of Defense assets, but things can get very complicated when you look at them from a legal standpoint," Connors said. "There's a robust system of laws, policies and regulations that define exactly what is an appropriate use of DOD forces. ... So our job is to ensure that in everything we as a command do, we are operating within that framework."

It all stems back to 1878, when the United States enacted the Posse Comitatus Act.

As the decade of Reconstruction following the Civil War drew to a close, Congress passed the landmark legislation to prevent the federal government from using federal troops to enforce state laws, explained Lance Blythe, command historian for Northcom and NORAD.

The years leading up to passage of the Posse Comitatus Act had been challenging for the United States, Blythe said. Some of the new legislators elected in the former Confederacy were turning a blind eye to new laws designed to institute political reforms and protect former slaves. Concerned that the federal government would dispatch troops to enforce these laws, they pressed for a statute to prohibit the federal government from imposing federal troops in any U.S. state.

More than 100 years since its enactment, the Posse Comitatus Act continues to guide everything the military does while operating in the homeland. "Basically, it means that you won't have a posse of Department of Defense people going out and providing law enforcement," Connors said. "That is not their role."

Posse Comitatus does not limit the military's role in military operations against external threats and in defense of the United States, Connors said. But it draws a clear line within U.S. borders, recognizing that law enforcement responsibility belongs to federal, state and local law enforcement, including the National Guard.

"This is important, because you want the military doing military operations," Connors said. "It keeps defenders focused on defense, and security [experts] focused on security."

Although initially written to prevent military forces from enforcing state laws, the Posse Comitatus Act has been extended by policy to prohibit direct military involvement in all law enforcement activity, Connors said.

But recognizing the military's special capabilities, Congress has authorized specific exceptions in which military forces can be used domestically -- as long as they operate within strict compliance with the Constitution and U.S. laws, he said.

That generally confines them to a supporting role: typically for the Federal Emergency Management Agency during a natural disaster and, in other cases, for the Justice Department or other civilian law enforcement agencies.

Congress, for example, specifically authorized the use of military forces to support counterdrug operations, to assist the Justice Department in crimes involving nuclear materials and in emergencies involving chemical or biological weapons of mass destruction.

With growing awareness of the capabilities the Defense Department has to offer, and proven performance of U.S. forces to support domestic operations, Connors said he anticipates greater demand for them in the future.

"That is why we need to have a robust legal staff in a place like this," he said. "In everything we do, there's a line we need to walk. And when things start to move closer to that line, that's when the lawyers get more and more involved."

One example of a particularly difficult legal scenario is the Insurrection Act. That law predates Posse Comitatus, authorizing the president to use U.S. military personnel to suppress an insurrection. The last time that law was invoked was during the Los Angeles riots in 1992, and Connors said he envisions few circumstances when it might be used again.

"It would have to be the most complex of catastrophes," he said.

CAPTORS OF ADULTS WITH DISABILITIES CHARGED WITH MURDER, RACKETEERING, SEX TRAFFICKING AND OHTER CRIMES

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, January 23, 2013
Federal Charges Allege Captors Held Adults with Disabilities in Subhuman Conditions to Carry out Social Security Fraud

First Hate Crimes Case of Its Kind in the Country Also Charges Murder

Linda Weston, her daughter and three co-defendants are charged in a 193-count indictment, unsealed today, with racketeering, murder in aid of racketeering, hate crimes, sex trafficking, forced labor, theft, fraud and other crimes. The indictment alleges that Weston and her associates carried out a racketeering enterprise that targeted victims with mental disabilities as part of a scheme to steal disability payments from the victims and the Social Security system. As part of the scheme, Weston persuaded each victim to make her the designated recipient of their Social Security disability payments in exchange for the promise of a comfortable place to live. Once appointed as the designated recipient of disability payments, Weston, aided by the co-defendants, subjected the victims to subhuman conditions of captivity.

According to the indictment, the defendants beat the victims, kept them captive in locked closets, basements and attics, deprived them of adequate food and medical care, and moved them between Philadelphia, Pennsylvania, Texas, Virginia and Florida in order to further the scheme and evade law enforcement. According to the indictment, some of the victims endured this abuse for years, until Oct. 15, 2011, when Philadelphia Police Department officers rescued them from the sub-basement of an apartment building in the city’s Tacony section.

Today’s indictment was announced at a press conference by U.S. Attorney for the Eastern District of Pennsylvania Zane David Memeger, FBI Acting Special Agent-in-Charge John Brosnan, Special Agent-in-Charge Michael McGill with the Social Security Administration’s Office of Inspector General and Philadelphia Police Commissioner Charles Ramsey.

Along with Weston and her daughter Jean McIntosh, the indictment charges Weston’s paramour, Gregory Thomas Sr., Eddie Wright and Nicklaus Woodard. According to the indictment, the defendants used isolation, intimidation, threats of violence and violence to control the victims with mental disabilities and each defendant had a role in the racketeering enterprise:

?? Linda Weston was the leader and organizer of the enterprise that operated from at least the fall of 2001 through October of 2011. She enticed all of the victims into coming to live with the enterprise and controlled all aspects of their captivity.

?? Jean McIntosh was also a leader of the enterprise who acted as her mother’s right hand woman. She assisted in confining, controlling, disciplining, housing and transporting the victims.

?? Gregory Thomas Sr. assisted in obtaining, confining, controlling, housing and transporting the victims. He installed locks on the doors and windows of every residence where the victims were kept to prevent them from escaping.

?? Eddie Wright assisted in confining, controlling, housing and transporting the victims.

?? Nicklaus Woodard assisted in confining, controlling and disciplining the victims.

The indictment charges that in confining the victims, the defendants practiced what is described as "abusive control and confinement techniques" in which the defendants:

· Confined the victims to locked basements, rooms, closets, attics and apartments;

· Sedated the victims by putting drugs in the food and drink served to them by Weston and others, at Weston’s direction;

· Subdued the victims by serving them a low calorie, high starch diet consisting exclusively of Ramen noodles, beans and stew and generally limited them to, at most, one meal a day;

· Punished the victims by slapping, punching, kicking, stabbing, burning and hitting them with closed hands, belts, sticks, bats and hammers or other objects, including the butt of a pistol, when the victims tried to escape, stole food or otherwise protested their confinement and treatment.

The indictment alleges that Weston’s use of these techniques caused the deaths of two of the victims. For example, in 2002, Weston met M.L. and lured her to come live with the family. M.L. was forced to cook, clean, wash clothes and babysit without compensation. M.L. was beaten when she tried to escape or when she begged for food and was not provided with any medical attention for her injuries. When Weston moved the enterprise to Virginia in 2008, M.L. died of bacterial meningitis and starvation. Weston allegedly ordered other members of the household to move M.L.’s body to a bedroom and stage the scene before calling law enforcement and the next day the family left for Philadelphia. In addition, in April 2005, Weston and Thomas allegedly targeted victim D.S. who they saw standing on a street corner. They brought D.S. to the WF home at 2211 Glenview Avenue in Philadelphia. D.S. was kept in the basement with the other victims, fed a substandard diet, and not allowed to use the bathroom. On June 26, 2005, D.S. was found dead in the basement. Weston allegedly ordered other members of the household to move D.S.’s body to a bedroom and stage an accidental overdose before calling law enforcement.

The indictment also alleges that Weston forced two female captives to engage in prostitution while the enterprise operated in Killeen, Texas, and West Palm Beach, Fla.

The defendants are charged in four counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The Shepard-Byrd Act criminalizes certain acts of physical violence causing bodily injury motivated by any person's actual or perceived disability, race, color, national origin, religion, sexual orientation, gender or gender identity.

"The allegations in this indictment describe a scheme to physically abuse and subjugate persons with disabilities for purposes of de-humanizing them, stealing their money, and unlawfully obtaining their labor," said Assistant Attorney General Thomas E. Perez of the Department of Justice’s Civil Rights Division. "The laws against violently assaulting individuals because of their disabilities and those that prohibit human trafficking were designed to combat conduct aimed at vulnerable members of society, such as the alleged victims in this case."

"Those with physical and mental disabilities are among the most vulnerable in our society. As with everyone else, they deserve to be treated with respect, not violence," said U.S. Attorney Memeger. "Linda Weston and others, in fact, decided to prey on these victims specifically because of their disabilities and they did so through violence, fear and intimidation for the purpose of stealing social security payments that were meant for the victims’ long-term care. ‘Shocking’ does not begin to describe the criminal allegations in this case where the victims were tied-up and confined like zoo animals and treated like property akin to slaves. Hopefully, today’s announcement of a 196-count indictment will help begin the process of restoring the victims’ faith in humanity."

"Today’s indictment represents just one more step towards closure and healing, not only for the victims of this heinous hate crime, but for the community as a whole," said Special Agent-in-Charge John Brosnan. "The FBI, along with the U.S. Attorney’s Office, the Philadelphia Police Department and the Social Security Administration Office of Inspector General remain committed to protecting each and every citizen's civil rights, and will aggressively investigate any violation of those rights, bringing the perpetrators to justice."

"The Office of the Inspector General investigates many cases involving the misuse of Social Security benefits by representative payees, but thankfully, we've never seen a case involving this level of cruelty and inhumanity to our most vulnerable beneficiaries," said Special Agent-in-Charge Michael McGill. "We're pleased to see justice served, and grateful to the U.S. Attorney and our investigative partners for their unflagging support in this investigation."

If convicted of all charges, each of the defendants faces a statutory maximum sentence of life in prison with advisory guideline sentencing ranges that involve substantial terms of imprisonment. Weston also faces mandatory restitution in the amount of approximately $212,000, fines, and special assessments.

An indictment is merely an accusation; all defendants are presumed innocent until proven guilty.

The case was investigated by the FBI, the Social Security Administration Office of Inspector General, the Internal Revenue Service Criminal Investigation, the Philadelphia Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, West Palm Beach Field Office. It is being prosecuted by Department of Justice Civil Rights Division Trial Attorney Betsy Biffl and Assistant U.S. Attorneys Richard P. Barrett and Faithe Moore Taylor. The case was originally charged by the Philadelphia District Attorney’s Office.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
The U.S. Navy Band marches on Pennsylvania Ave. during military support for the 57th Presidential Inauguration. More than 2,100 service members from each of the five branches are marching in the Inaugural Parade, with approximately 5,000 supporting the inauguration. U.S. Navy photo by EJ Hersom (Released) 130121-D-DB155-008

The aircraft carrier USS John C. Stennis (CVN 74) conducts flight operations during a deployment to the U.S. 5th Fleet area of responsibility. John C. Stennis is conducting maritime security operations, theater security cooperation efforts and support missions for Operation Enduring Freedom. U.S. Navy photo by Mass Communication Specialist 2nd Class Kenneth Abbate (Released) 130115-N-OY799-361