Thursday, July 25, 2013
DOJ ON OCCASION OF 23RD ANNIVERSARY OF ADA, CELEBRATES OPENING GATEWAY TO EMERGING TECHNOLOGY
FROM: U.S. DEPARTMENT OF JUSTICE
Celebrating 23 Years of the ADA – ADA Anniversary Week at the Department of Justice
July 23rd, 2013 Posted by The Department Of Justice
TUESDAY: Gateway to Emerging Technology
This week, in honor of the 23rd anniversary of the ADA, we recognize and celebrate the different gateways that the ADA is opening up to people with disabilities. Today we highlight the ADA as a gateway to emerging technology.
The explosion of new technology has dramatically changed the way America communicates, learns and does business. For many people with disabilities the benefits of this technology revolution remain beyond their reach. Many businesses websites and government entities are inaccessible to people with vision or hearing disabilities. Because websites are a primary means of accessing all kinds of goods, entertainment and government services, this lack of access excludes people with disabilities from modern society. Similarly, devices like electronic book (e-book) readers, whether used as textbooks in a classroom or to take out books from a local library, can be completely unusable by someone who is blind because accessible features they need, such as text-to-speech functions or menus and controls accessible by audio or tactile means, are not provided.
Websites and digital technologies can be made accessible, much like adding ramps to building entrances, but few entities are including available accessibility features in their technology. The Civil Rights Division is working to ensure that people with disabilities are not left behind as new technology continues to emerge.
Increasing Technological Accessibility for Students with Disabilities at Louisiana Tech: Today, the Civil Rights Division announced a settlement agreement with Louisiana Tech University and the Board of Supervisors for the University of Louisiana System to address the use of inaccessible technology in the university setting. The settlement resolves claims that the university violated the ADA by using an online learning product that was allegedly inaccessible to a blind student. The student’s lack of access to the online course materials and homework lasted nearly a month into the university quarter, at which point the student was so far behind in his coursework that he had to withdraw from the course. The settlement also resolves allegations that in a later class, the same student was not provided accessible course materials for in-class discussion or exam preparation on time.
Under the settlement agreement, the university will adopt a number of accessibility policies, including the requirement to use only learning technology, web pages and course content that are accessible in accordance with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standard. The university will also make existing web pages and materials created since 2010 accessible. The agreement also requires the university and the Board to pay a total of $23,543 in damages to the student.
Making Accessible e-book Readers Available to Patrons with Disabilities at the Sacramento Public Library: In August 2012, the Civil Rights Division and the National Federation of the Blind entered into a settlement agreement with the Sacramento Public Library to resolve a complaint that the library’s use of certain e-readers in its e-reader lending program discriminated against people who are blind or have other vision disabilities because the e-readers did not have accessible features such as text-to-speech functions or the ability to access menus through audio or tactile means. Under the terms of the settlement, the library will no longer purchase inaccessible e-book readers for patron use. The library also agreed to buy several additional accessible e-readers and to train its staff about the ADA. As a result of this settlement, the library’s e-book lending program is accessible to patrons who are blind or have other vision disabilities.
Celebrating 23 Years of the ADA – ADA Anniversary Week at the Department of Justice
July 23rd, 2013 Posted by The Department Of Justice
TUESDAY: Gateway to Emerging Technology
This week, in honor of the 23rd anniversary of the ADA, we recognize and celebrate the different gateways that the ADA is opening up to people with disabilities. Today we highlight the ADA as a gateway to emerging technology.
The explosion of new technology has dramatically changed the way America communicates, learns and does business. For many people with disabilities the benefits of this technology revolution remain beyond their reach. Many businesses websites and government entities are inaccessible to people with vision or hearing disabilities. Because websites are a primary means of accessing all kinds of goods, entertainment and government services, this lack of access excludes people with disabilities from modern society. Similarly, devices like electronic book (e-book) readers, whether used as textbooks in a classroom or to take out books from a local library, can be completely unusable by someone who is blind because accessible features they need, such as text-to-speech functions or menus and controls accessible by audio or tactile means, are not provided.
Websites and digital technologies can be made accessible, much like adding ramps to building entrances, but few entities are including available accessibility features in their technology. The Civil Rights Division is working to ensure that people with disabilities are not left behind as new technology continues to emerge.
Increasing Technological Accessibility for Students with Disabilities at Louisiana Tech: Today, the Civil Rights Division announced a settlement agreement with Louisiana Tech University and the Board of Supervisors for the University of Louisiana System to address the use of inaccessible technology in the university setting. The settlement resolves claims that the university violated the ADA by using an online learning product that was allegedly inaccessible to a blind student. The student’s lack of access to the online course materials and homework lasted nearly a month into the university quarter, at which point the student was so far behind in his coursework that he had to withdraw from the course. The settlement also resolves allegations that in a later class, the same student was not provided accessible course materials for in-class discussion or exam preparation on time.
Under the settlement agreement, the university will adopt a number of accessibility policies, including the requirement to use only learning technology, web pages and course content that are accessible in accordance with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standard. The university will also make existing web pages and materials created since 2010 accessible. The agreement also requires the university and the Board to pay a total of $23,543 in damages to the student.
Making Accessible e-book Readers Available to Patrons with Disabilities at the Sacramento Public Library: In August 2012, the Civil Rights Division and the National Federation of the Blind entered into a settlement agreement with the Sacramento Public Library to resolve a complaint that the library’s use of certain e-readers in its e-reader lending program discriminated against people who are blind or have other vision disabilities because the e-readers did not have accessible features such as text-to-speech functions or the ability to access menus through audio or tactile means. Under the terms of the settlement, the library will no longer purchase inaccessible e-book readers for patron use. The library also agreed to buy several additional accessible e-readers and to train its staff about the ADA. As a result of this settlement, the library’s e-book lending program is accessible to patrons who are blind or have other vision disabilities.
'20/20 BY 2020'
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| DAYTON, Ohio -- Lockheed SR-71A in the Cold War Gallery at the National Museum of the United States Air Force. The aircraft was retired in 1990. (U.S. Air Force photo) |
Beale removes fuel storage tanks that kept Blackbird soaring
by Staff Sgt. Robert M. Trujillo
9th Reconnaissance Wing Public Affairs
7/22/2013 - BEALE AIR FORCE BASE, Calif. -- Beale is conducting a four-month deconstruction project to remove Cold War-era fuel storage tanks that once fueled the SR-71 Blackbird.
The project is a part of the Air Force's "20/20 by 2020" initiative, which aims to reduce excess capacity by reducing a base's footprint, as well as reducing operating costs by 20 percent by the year 2020.
Three of the storage tanks have already been removed, and the remaining two are scheduled to be demolished in the upcoming months.
During the mid-1960s, Beale was home to jets that required massive amounts of fuel including the Blackbird.
Five tanks at Beale's fuel terminal held between 400,000 and 657,000 gallons each of specially designed JP-7 jet fuel. This fuel was developed by the U.S. Air Force to power the SR-71 and was brought to the fuel terminal via a locomotive system.
The fuel was then pumped through a 4.5 mile-long pipeline to the flight line where the Blackbird consumed approximately 36,000 to 44,000 pounds of fuel per hour of flight.
The tanks became cold war relics with the retirement of the SR-71 in 1998 and coupled with the transfer of the B-52 Stratofortress bomber and KC-135 Stratotanker air refueling missions to other bases.
"They're kind of historic structures," said Robert Nordhal, 9th Civil Engineer Squadron flight chief of programs. "We just don't have the need for high capacity fuel storage anymore."
Nordhal said that unused structures cost the Air Force in maintenance and repairs as well as pose safety concerns.
"These tanks were not fitted with modern safety features," said Mark Hoover, fuels terminal superintendent with AKIMA Technical Solutions. "It would cost more for us to upgrade those tanks then to build new ones."
In addition to maintenance and repair costs, Beale will also save in the demolition of the tanks themselves.
"The scrap metal from the tanks is being recycled and is being used to fund the demolition," Hoover said. "It's essentially saving the Air Force tens of thousands of dollars.
Wednesday, July 24, 2013
SECRETARY OF DEFENSE HAGEL ADDRESSES VFW NATIONAL CONVENTION
FROM: U.S. DEPARTMENT OF DEFENSE
Hagel Calls on Vets to Partner in Reshaping Military
By Donna Miles
American Forces Press Service
WASHINGTON, July 22, 2013 - Opening his address today to the Veterans of Foreign Wars National Convention with a tribute to Korean War veterans, Defense Secretary Chuck Hagel called on the nation's 22 million veterans to become partners in helping the Defense Department work through "historic transition and change."
Every major conflict in U.S. history has been followed by a period of "realignment and redefinition," with "enormous ramifications and consequences for our entire defense enterprise," the secretary noted.
As the Defense Department undergoes the latest realignments and reshapes the military for the future, Hagel called on veterans "who helped build our military into the strongest, most capable and most respected on Earth" to help ensure it remains that way.
"All of us at the Pentagon, and across this administration, value your perspective and devotion to our military men and women," he told the group. "We will need your help and partnership as we manage through a period of historic transition and change.
"As I look out across this audience, I see thousands of veterans whose lives have been committed to helping our service members, their families and our veterans succeed, and to ensuring this country honors their legacy with policies that are worthy of their sacrifices," Hagel continued. "All of you, and the roughly 22 million veterans across this nation, have an important role to play in the debate over our country's future national security priorities."
Hagel pointed out that veterans of past wars depended on their elected representatives to ask the right questions and establish the proper policies before sending them into conflict. "You all have fought and put your lives on the line for this country," he said. "You did so with the expectation that you would be given the equipment, training and support you needed to succeed."
The secretary noted that many of the veterans, particularly those of the Korean War, have seen firsthand the human toll of sending a hollow force to war.
"Not one American should ever be ordered into battle without our leaders being as sure as they can be that their decision is worthy of the sacrifices that will be made by our sons and our daughters," he said.
The secretary began his address leading a thunderous applause for veterans of the Korean War whose service led to the armistice agreement signed 60 years ago this week. Hagel noted that he will join President Barack Obama and Veterans Affairs Secretary Eric K. Shinseki for a July 27 ceremony at the Korean War Veterans Memorial here to commemorate the formal signing of the armistice on July 27, 1953.
The armistice agreement ended the fighting in a three-year conflict between North Korea and China and South Korea and United Nations forces led by the United States.
"The upcoming observance is a chance for the country to fully express its profound gratitude for your service and sacrifice," Hagel told the veterans. "The Korean War veterans here today, and all across the country, should know that your fellow citizens are proud of what you accomplished, and what your generation has contributed to our security and prosperity."
Hagel Calls on Vets to Partner in Reshaping Military
By Donna Miles
American Forces Press Service
WASHINGTON, July 22, 2013 - Opening his address today to the Veterans of Foreign Wars National Convention with a tribute to Korean War veterans, Defense Secretary Chuck Hagel called on the nation's 22 million veterans to become partners in helping the Defense Department work through "historic transition and change."
Every major conflict in U.S. history has been followed by a period of "realignment and redefinition," with "enormous ramifications and consequences for our entire defense enterprise," the secretary noted.
As the Defense Department undergoes the latest realignments and reshapes the military for the future, Hagel called on veterans "who helped build our military into the strongest, most capable and most respected on Earth" to help ensure it remains that way.
"All of us at the Pentagon, and across this administration, value your perspective and devotion to our military men and women," he told the group. "We will need your help and partnership as we manage through a period of historic transition and change.
"As I look out across this audience, I see thousands of veterans whose lives have been committed to helping our service members, their families and our veterans succeed, and to ensuring this country honors their legacy with policies that are worthy of their sacrifices," Hagel continued. "All of you, and the roughly 22 million veterans across this nation, have an important role to play in the debate over our country's future national security priorities."
Hagel pointed out that veterans of past wars depended on their elected representatives to ask the right questions and establish the proper policies before sending them into conflict. "You all have fought and put your lives on the line for this country," he said. "You did so with the expectation that you would be given the equipment, training and support you needed to succeed."
The secretary noted that many of the veterans, particularly those of the Korean War, have seen firsthand the human toll of sending a hollow force to war.
"Not one American should ever be ordered into battle without our leaders being as sure as they can be that their decision is worthy of the sacrifices that will be made by our sons and our daughters," he said.
The secretary began his address leading a thunderous applause for veterans of the Korean War whose service led to the armistice agreement signed 60 years ago this week. Hagel noted that he will join President Barack Obama and Veterans Affairs Secretary Eric K. Shinseki for a July 27 ceremony at the Korean War Veterans Memorial here to commemorate the formal signing of the armistice on July 27, 1953.
The armistice agreement ended the fighting in a three-year conflict between North Korea and China and South Korea and United Nations forces led by the United States.
"The upcoming observance is a chance for the country to fully express its profound gratitude for your service and sacrifice," Hagel told the veterans. "The Korean War veterans here today, and all across the country, should know that your fellow citizens are proud of what you accomplished, and what your generation has contributed to our security and prosperity."
CONSTRUCTION COMPANY OWNER INDICTED FOR TAX FRAUD
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, July 19, 2013
Owner of New York Construction Company Indicted for Tax Fraud
The Justice Department and Internal Revenue Service (IRS) announced that Gurmail Singh, of Richmond Hill, N.Y., was arrested yesterday following his indictment on July 11, 2013, for multiple tax crimes. The indictment was unsealed yesterday following his arrest.
According to the indictment, Singh owned Fancy and Vicky Construction Co. Inc., a construction company in Richmond Hill. As alleged in the indictment, Singh used check-cashing services to cash more than $2.9 million of checks paid to his construction company for services between 2006 and 2008. He concealed his check-cashing activities from his tax return preparers, and this income was not included as gross income on the company’s tax returns. Singh also diverted cash receipts earned by his companies for his own personal use.
The indictment alleges that Singh filed false 2006 and 2007 corporate income tax returns for Fancy and Vicky Construction, failed to file a 2008 corporate income tax return for Fancy and Vicky Construction and failed to file individual income tax returns for 2007 and 2008. Singh faces a potential maximum sentence of nine years in prison and a potential fine of up to $800,000.
A trial date has not been scheduled. An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Kathryn Keneally, Assistant Attorney General for the Justice Department's Tax Division, commended the efforts of special agents of IRS–Criminal Investigation, who investigated the case, and Tax Division Trial Attorneys Mark Kotila and Jeffrey Bender, who are prosecuting the case.
Friday, July 19, 2013
Owner of New York Construction Company Indicted for Tax Fraud
The Justice Department and Internal Revenue Service (IRS) announced that Gurmail Singh, of Richmond Hill, N.Y., was arrested yesterday following his indictment on July 11, 2013, for multiple tax crimes. The indictment was unsealed yesterday following his arrest.
According to the indictment, Singh owned Fancy and Vicky Construction Co. Inc., a construction company in Richmond Hill. As alleged in the indictment, Singh used check-cashing services to cash more than $2.9 million of checks paid to his construction company for services between 2006 and 2008. He concealed his check-cashing activities from his tax return preparers, and this income was not included as gross income on the company’s tax returns. Singh also diverted cash receipts earned by his companies for his own personal use.
The indictment alleges that Singh filed false 2006 and 2007 corporate income tax returns for Fancy and Vicky Construction, failed to file a 2008 corporate income tax return for Fancy and Vicky Construction and failed to file individual income tax returns for 2007 and 2008. Singh faces a potential maximum sentence of nine years in prison and a potential fine of up to $800,000.
A trial date has not been scheduled. An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Kathryn Keneally, Assistant Attorney General for the Justice Department's Tax Division, commended the efforts of special agents of IRS–Criminal Investigation, who investigated the case, and Tax Division Trial Attorneys Mark Kotila and Jeffrey Bender, who are prosecuting the case.
ARMY SERGEANT PLEADS GUILTY TO STEALING IDENTITY INFORMATION
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, July 18, 2013
US Army Sergeant Pleads Guilty in Georgia to Stealing Identity Information from US Army Computer System
Ammie Brothers, 29, of Columbus, Ga., a sergeant in the U.S. Army, pleaded guilty today to unlawfully obtaining personal information from the U.S. Army’s Army Knowledge Online computer system.
The guilty plea was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Virginia Neil H. MacBride; U.S. Attorney for the Middle District of Georgia Michael J. Moore; and Director Daniel T. Andrews of the U.S. Army Criminal Investigation Command’s Computer Crime Investigative Unit.
Brothers pleaded guilty before U. S. District Judge Clay Land in Columbus, Ga., to one count of unauthorized access to information from a U.S. Army computer system. She was charged on Feb. 14, 2013, in a five-count indictment returned by a federal grand jury in Alexandria, Va.
In a statement of facts filed with the plea agreement, Brothers admitted that between April 24, 2009, and Oct. 5, 2011, she repeatedly and intentionally accessed two victims’ Army Knowledge Online accounts, which contain personnel files for members of the armed services. Brothers initially gained access by calling the Army Knowledge Online help desk in the Eastern District of Virginia and providing the victims’ Social Security numbers and dates of birth in order to obtain temporary passwords.
When law enforcement searched Brothers’s home in Columbus, they recovered numerous documents printed from the Army Knowledge Online system that contained victims’ Social Security numbers, bank account numbers and employment history, including the Social Security number of one minor child. Brothers admitted to law enforcement that, in addition to illegally accessing the victims’ Army Knowledge Online accounts, she regularly harassed the victims by telephone and accessed several credit card accounts belonging to one victim, and in one case authorized charges without the victim’s knowledge or consent.
At sentencing, scheduled for Oct. 24, 2013, Brothers faces a maximum penalty of five years in prison.
This case was investigated by the Computer Crime Investigative Unit of U.S. Army Criminal Investigation Command.
The case is being prosecuted by Trial Attorney Peter V. Roman of the Justice Department’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Assistant U.S. Attorney Crawford L. Seals of the Middle District of Georgia.
Thursday, July 18, 2013
US Army Sergeant Pleads Guilty in Georgia to Stealing Identity Information from US Army Computer System
Ammie Brothers, 29, of Columbus, Ga., a sergeant in the U.S. Army, pleaded guilty today to unlawfully obtaining personal information from the U.S. Army’s Army Knowledge Online computer system.
The guilty plea was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Virginia Neil H. MacBride; U.S. Attorney for the Middle District of Georgia Michael J. Moore; and Director Daniel T. Andrews of the U.S. Army Criminal Investigation Command’s Computer Crime Investigative Unit.
Brothers pleaded guilty before U. S. District Judge Clay Land in Columbus, Ga., to one count of unauthorized access to information from a U.S. Army computer system. She was charged on Feb. 14, 2013, in a five-count indictment returned by a federal grand jury in Alexandria, Va.
In a statement of facts filed with the plea agreement, Brothers admitted that between April 24, 2009, and Oct. 5, 2011, she repeatedly and intentionally accessed two victims’ Army Knowledge Online accounts, which contain personnel files for members of the armed services. Brothers initially gained access by calling the Army Knowledge Online help desk in the Eastern District of Virginia and providing the victims’ Social Security numbers and dates of birth in order to obtain temporary passwords.
When law enforcement searched Brothers’s home in Columbus, they recovered numerous documents printed from the Army Knowledge Online system that contained victims’ Social Security numbers, bank account numbers and employment history, including the Social Security number of one minor child. Brothers admitted to law enforcement that, in addition to illegally accessing the victims’ Army Knowledge Online accounts, she regularly harassed the victims by telephone and accessed several credit card accounts belonging to one victim, and in one case authorized charges without the victim’s knowledge or consent.
At sentencing, scheduled for Oct. 24, 2013, Brothers faces a maximum penalty of five years in prison.
This case was investigated by the Computer Crime Investigative Unit of U.S. Army Criminal Investigation Command.
The case is being prosecuted by Trial Attorney Peter V. Roman of the Justice Department’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Assistant U.S. Attorney Crawford L. Seals of the Middle District of Georgia.
NSF SAYS BURIED NEW JERSEY SEAWALL SPARED COASTAL HOMES FROM SANDY
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| Hurricane Sandy Aftermath. Credit: FEMA |
Long-Buried New Jersey Seawall Spared Coastal Homes From Hurricane Sandy's Wrath
Built in 1882, then hidden by drifting sands, seawall mitigated 2012 hurricane's effects
July 16, 2013
Picture two residential beach communities on the New Jersey shore: Bay Head and Mantoloking. They sit side-by-side in Ocean County on a narrow barrier island that separates the Atlantic Ocean and Barnegat Bay.
Before Hurricane Sandy landed on Oct. 29, 2012, a motorist traveling north would pass through Mantoloking into Bay Head. He or she would note few changes in residential development, dunes, beaches or shoreline.
The difference, however, was hidden under the sand.
A long-forgotten, 4,134-feet-long seawall buried beneath the beach helped Bay Head weather Sandy's record storm surges and large waves, says geoscientist Jennifer Irish of Virginia Tech.
The stone structure dates to 1882. Its reappearance in 2012 surprised many area residents, underscoring the difficulties transient communities have in planning for future threats along their shores, Irish says.
"It's amazing that a seawall built nearly 150 years ago, then naturally hidden under beach sands and forgotten, would have a major effect under the conditions in which it was originally designed to perform," says H. Richard Lane, program director in the National Science Foundation's (NSF) Division of Earth Sciences.
NSF funded the research through a rapid response award following Hurricane Sandy.
"This finding should have major implications for coastal planning, as sea level rises and storms increase in intensity in response to global warming," says Lane.
The results, published online this week in the journal Coastal Engineering, illustrate the need for multi-levels of beach protection in coastal communities, Irish and colleagues say. Irish is the paper's lead author.
"Once we got to the site, we immediately saw the seawall," Irish says.
"The beach and dunes did their job to a certain point, then the seawall took over, providing significant dampening of the hurricane waves.
"It was the difference between houses that were flooded in Bay Head and houses that were reduced to piles of rubble in Mantoloking."
With recovery efforts underway and storms still circulating through the area, Irish and Robert Weiss, also a geoscientist at Virginia Tech, along with Patrick Lynett, a civil and environmental engineer at the University of Southern California, assessed the area, documenting high water marks, damage, overwash and breaches of the barrier island.
All oceanfront homes in the two boroughs were damaged, ranging from ground-floor flooding to complete destruction.
As measured by waterlines in the interiors of homes, flooding was similar in both boroughs.
The difference was the extent of the storm's effects.
In Mantoloking, an entire dune nearly vanished. Water washed over a barrier spit and opened three breaches of 541 feet, 194 feet and 115 feet, respectively, where the land was swept away.
In Bay Head, only the portion of the dune located seaward of the seawall was eroded. The section of dune behind the seawall received only minor local scouring.
Later, using Google Earth to evaluate aerial images taken two years before and immediately after Hurricane Sandy, the researchers looked at the area's houses.
They labeled a structure with a different roofline as damaged, one that no longer sits on its foundation as destroyed and the remaining houses as flooded.
The scientists classified 88 percent of the oceanfront homes in Bay Head as flooded, with just one oceanfront home destroyed.
In Mantoloking, more than half the oceanfront homes were classified as damaged or destroyed.
Despite the immense magnitude and duration of the storm, a relatively small coastal obstacle--the seawall--reduced potential wave loads by a factor of two.
The seawall was the difference between widespread destruction and minor structural effects, the researchers say.
"We are left with a clear, unintentional example," says Irish, "of the need for multiple levels of defense that include hard structures and beach nourishment to protect coastal communities."
Additional researchers include Wei Cheng and Stephanie Smallegan of Virginia Tech.
-NSF-
Tuesday, July 23, 2013
IPHONE SPAMMER SETTLES FTC CHARGES
FROM: FEDERAL TRADE COMMISSION
'Free iPhone' Text Message Spammer Settles FTC Charges
An Internet marketer has agreed to settle Federal Trade Commission allegations that he blasted consumers with millions of deceptive spam text messages.
Henry Nolan Kelly was the subject of one of a series of FTC complaints filed in March against those responsible for sending millions of spam text messages to consumers with false promises of free gift cards or expensive electronic devices.
The complaint against Kelly alleged that he sent more than 20 million unwanted text messages to consumers across the country, offering supposedly free iPhones and iPads to those who clicked on links in the messages. Those who clicked were instead taken to sites that requested substantial personal information and required an elaborate process – often involving other purchases or paid subscriptions – to be eligible for the “free” devices.
The stipulated final order against Kelly prohibits him from having any involvement with the sending of unsolicited or unwanted text messages to consumers. In addition, Kelly will be prohibited from misleading consumers about whether they have won gifts or prizes, whether a product is “free,” and from using text messages to do the same.
The order against Kelly also imposes a monetary judgment of $60,950, which is all of the money that he received in connection with the text message spamming scam. The financial judgment is suspended due to Kelly’s inability to pay. Kelly must also cooperate with the FTC in any future investigations.
The Commission vote approving each of the stipulated final orders was 4-0. The stipulated judgment was entered by the U.S. District Court for the Northern District of Georgia on July 17, 2013.
NOTE: Stipulated orders have the force of law when signed and approved by the District Court judge. (FTC File No. X130041; the staff contact is Robin Rock, 404-656-1368.)
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
'Free iPhone' Text Message Spammer Settles FTC Charges
An Internet marketer has agreed to settle Federal Trade Commission allegations that he blasted consumers with millions of deceptive spam text messages.
Henry Nolan Kelly was the subject of one of a series of FTC complaints filed in March against those responsible for sending millions of spam text messages to consumers with false promises of free gift cards or expensive electronic devices.
The complaint against Kelly alleged that he sent more than 20 million unwanted text messages to consumers across the country, offering supposedly free iPhones and iPads to those who clicked on links in the messages. Those who clicked were instead taken to sites that requested substantial personal information and required an elaborate process – often involving other purchases or paid subscriptions – to be eligible for the “free” devices.
The stipulated final order against Kelly prohibits him from having any involvement with the sending of unsolicited or unwanted text messages to consumers. In addition, Kelly will be prohibited from misleading consumers about whether they have won gifts or prizes, whether a product is “free,” and from using text messages to do the same.
The order against Kelly also imposes a monetary judgment of $60,950, which is all of the money that he received in connection with the text message spamming scam. The financial judgment is suspended due to Kelly’s inability to pay. Kelly must also cooperate with the FTC in any future investigations.
The Commission vote approving each of the stipulated final orders was 4-0. The stipulated judgment was entered by the U.S. District Court for the Northern District of Georgia on July 17, 2013.
NOTE: Stipulated orders have the force of law when signed and approved by the District Court judge. (FTC File No. X130041; the staff contact is Robin Rock, 404-656-1368.)
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
U.S.-ISRAELI LEADERS REAFFIRM MILITARY RELATIONSHIP
FROM: U.S. DEPARTMENT OF DEFENSE
Carter, Israeli Leaders Reaffirm Defense Relationship
By Cheryl Pellerin
American Forces Press Service
TEL AVIV, Israel, July 22, 2013 - During Deputy Defense Secretary Ash Carter's first official trip to Israel, he and senior security officials here reaffirmed that the U.S.-Israeli defense relationship has never been stronger and agreed to continuing close consultations on shared security interests.
Carter's visit this week, made to discuss a range of issues of mutual importance -- including the unfolding situations in Syria and Iran -- comes a month after Israeli Defense Minister Moshe "Boogie" Ya'alon's June visit to Washington, where he met with Defense Secretary Chuck Hagel. Hagel visited Israel in April.
The deputy secretary also met with Ya'alon, Israeli National Security Adviser Yaakov Amidror and other senior officials. Director-General of the Ministry of Defense Udi Shani hosted an official dinner for Carter.
As part of the visit, Carter took a helicopter tour of some of Israel's security challenges, and received briefings and observed demonstrations of tactical capabilities in several areas near Tel Aviv, including the Mitkan Adam Army Base, an Israel Defense Force special training installation.
Among the elite training schools at the installation are the IDF Counterterrorism Warfare School, the IDF Snipers School, and the IDF Canine Unit, or Oketz Unit, whose logo is a winged dog head. The dogs of the unit are the special operations equivalents of canine assistants -- they climb, they crawl, they tiptoe across logs, they even fast-rope down from heights with their handlers, making no sound at all.
Israeli ground forces discussed their use of canine partners in a range of operations -- finding roadside bombs, hidden adversaries, and contraband smuggled in all kinds of vehicles -- and in performing many other kinds of jobs.
A couple of miles away, next to a rocky, shrub-covered hill, the sun beat down on a two-story building. Nearby is a narrow wooden structure built only for fast-roping. This remote part of Camp Adam has been scene of many canine and special operations training operations, and yesterday afternoon Carter watched as they showed him how they like to work.
Afterward, Carter spoke briefly to the troops before shaking their hands and presenting them with commemorative coins from his office.
"Protecting America means protecting Israel, and that's why we're here in the first place," he said. "But this is the fun part," he added, indicating the tactical demonstration area and the fit, skilled men and women in uniform, some with their dogs and some still dressed in garb that disguised them as boulders and bushes.
Carter, Israeli Leaders Reaffirm Defense Relationship
By Cheryl Pellerin
American Forces Press Service
TEL AVIV, Israel, July 22, 2013 - During Deputy Defense Secretary Ash Carter's first official trip to Israel, he and senior security officials here reaffirmed that the U.S.-Israeli defense relationship has never been stronger and agreed to continuing close consultations on shared security interests.
Carter's visit this week, made to discuss a range of issues of mutual importance -- including the unfolding situations in Syria and Iran -- comes a month after Israeli Defense Minister Moshe "Boogie" Ya'alon's June visit to Washington, where he met with Defense Secretary Chuck Hagel. Hagel visited Israel in April.
The deputy secretary also met with Ya'alon, Israeli National Security Adviser Yaakov Amidror and other senior officials. Director-General of the Ministry of Defense Udi Shani hosted an official dinner for Carter.
As part of the visit, Carter took a helicopter tour of some of Israel's security challenges, and received briefings and observed demonstrations of tactical capabilities in several areas near Tel Aviv, including the Mitkan Adam Army Base, an Israel Defense Force special training installation.
Among the elite training schools at the installation are the IDF Counterterrorism Warfare School, the IDF Snipers School, and the IDF Canine Unit, or Oketz Unit, whose logo is a winged dog head. The dogs of the unit are the special operations equivalents of canine assistants -- they climb, they crawl, they tiptoe across logs, they even fast-rope down from heights with their handlers, making no sound at all.
Israeli ground forces discussed their use of canine partners in a range of operations -- finding roadside bombs, hidden adversaries, and contraband smuggled in all kinds of vehicles -- and in performing many other kinds of jobs.
A couple of miles away, next to a rocky, shrub-covered hill, the sun beat down on a two-story building. Nearby is a narrow wooden structure built only for fast-roping. This remote part of Camp Adam has been scene of many canine and special operations training operations, and yesterday afternoon Carter watched as they showed him how they like to work.
Afterward, Carter spoke briefly to the troops before shaking their hands and presenting them with commemorative coins from his office.
"Protecting America means protecting Israel, and that's why we're here in the first place," he said. "But this is the fun part," he added, indicating the tactical demonstration area and the fit, skilled men and women in uniform, some with their dogs and some still dressed in garb that disguised them as boulders and bushes.
CORPORATION AND IT'S MAN SENTENCED FOR WETLANDS VIOLATIONS
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Florida Man and His Corporation Sentenced for Wetlands Violations in Panama City
WASHINGTON - Brian Raphael D’Isernia, 69, of Panama City Beach, Fla., and Lagoon Landing, LLC, a corporation controlled by D’Isernia, were sentenced today in federal court in the Northern District of Florida for illegal dredging and felony wetlands violations in Panama City. The two defendants were ordered to pay a criminal fine totaling $2.25 million dollars, the largest criminal fine assessed for wetlands-related violations in Florida history. D’Isernia was sentenced to pay a $100,000 criminal fine, while Lagoon Landing, LLC was sentenced to pay a $2.15 million criminal fine, a $1 million community service payment, and a term of three years probation.
D’Isernia pleaded guilty to knowingly violating the Rivers and Harbors Act. D’Isernia was charged with dredging an upland cut ship launching basin in Allanton and the channel connecting it to East Bay between December 2009 and February 2010 without obtaining a permit.
Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act for knowingly discharging a pollutant into waters of the United States without a permit. Between 2005 and 2010, Lagoon Landing, through its agents and employees in conjunction with persons using tractors and other heavy equipment, altered and filled wetland areas of property it controlled in Allanton without obtaining a permit. The wetland areas were adjacent to and had a significant nexus to East Bay.
Lagoon Landing, LLC was also ordered to pay a $1 million community service payment to the National Fish and Wildlife Foundation, a charitable non-profit organization created by Congress. The foundation will use the money to fund projects for the conservation, protection, restoration and management of wetland, marine and coastal resources, with an emphasis on projects benefiting wetlands in and around St. Andrew Bay.
“The defendants adversely impacted wetlands, which play a critical role in maintaining water quality, providing habitat for fish and wildlife, reducing flood damage, and providing recreational opportunities for the public,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assistance. “The sentences show that EPA, in conjunction with its federal and state law enforcement partners, will vigorously investigate and seek prosecution for those who harm these essential natural resources.”
In a separate but related civil settlement, Northwest Florida Holdings, Inc., a Florida holding corporation controlled by D’Isernia, entered into an Administrative Compliance Order with the U.S. Environmental Protection Agency (EPA) that will result in the restoration of approximately 58.63 acres of wetlands and upland buffers. The wetlands will be protected from future development by a conservation easement. The corporation also agreed to study the water quality in and around the Allanton and Nelson Street Shipyards; upgrade stormwater protection for the Allanton Shipyard; withdraw applications to convert the launching basin to a marina and create a Planned Unit Development at the Allanton Shipyard; and hire someone to oversee environmental compliance.
In a second separate but related civil settlement, Northwest Florida Holdings, Inc. entered into a consent order with the Florida Department of Environmental Protection (FDEP) and agreed to conduct stormwater corrective actions and water quality studies at the Allanton Shipyard. The corporation will pay a $9,750 civil fine to the Ecosystem Management and Restoration Trust Fund, and $94,718.25 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
In a third separate but related civil settlement, Bay Fabrication, Inc., a corporation controlled by D’Isernia, entered into a consent order with FDEP and agreed to conduct stormwater corrective actions and water quality studies at the Nelson Street Shipyard. The corporation will pay a $6,000 civil fine to the Ecosystem Management and Restoration Trust Fund, and $76,923 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
In a fourth separate but related civil settlement, Peninsula Holdings, LLC, a corporation controlled by D’Isernia, entered into a Consent Order with FDEP and agreed to conduct stormwater improvements at property it owns located at 2500 Nelson Street, Panama City, Florida 32401. The corporation will pay a $1,500 civil fine to the Ecosystem Management and Restoration Trust Fund.
In a fifth separate but related civil settlement, D’Isernia and his wife Miriam D’Isernia, entered into a consent order with FDEP to remove unauthorized fill materials from property located in Panama City Beach, Fla. Brian and Miriam D’Isernia will pay a $250 civil fine to the Ecosystem Management and Restoration Trust Fund.
These cases were investigated by the EPA Criminal Investigation Division and the Coast Guard Investigative Service, in partnership with EPA Region 4, the U.S. Department of Transportation, Office of Inspector General, U.S. Army Corps of Engineers, U.S. Coast Guard Station Panama City, U.S. Department of Agriculture, and FDEP. These cases were prosecuted by the Honorable Randall J. Hensel, Assistant United States Attorney for the Northern District of Florida.
Florida Man and His Corporation Sentenced for Wetlands Violations in Panama City
WASHINGTON - Brian Raphael D’Isernia, 69, of Panama City Beach, Fla., and Lagoon Landing, LLC, a corporation controlled by D’Isernia, were sentenced today in federal court in the Northern District of Florida for illegal dredging and felony wetlands violations in Panama City. The two defendants were ordered to pay a criminal fine totaling $2.25 million dollars, the largest criminal fine assessed for wetlands-related violations in Florida history. D’Isernia was sentenced to pay a $100,000 criminal fine, while Lagoon Landing, LLC was sentenced to pay a $2.15 million criminal fine, a $1 million community service payment, and a term of three years probation.
D’Isernia pleaded guilty to knowingly violating the Rivers and Harbors Act. D’Isernia was charged with dredging an upland cut ship launching basin in Allanton and the channel connecting it to East Bay between December 2009 and February 2010 without obtaining a permit.
Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act for knowingly discharging a pollutant into waters of the United States without a permit. Between 2005 and 2010, Lagoon Landing, through its agents and employees in conjunction with persons using tractors and other heavy equipment, altered and filled wetland areas of property it controlled in Allanton without obtaining a permit. The wetland areas were adjacent to and had a significant nexus to East Bay.
Lagoon Landing, LLC was also ordered to pay a $1 million community service payment to the National Fish and Wildlife Foundation, a charitable non-profit organization created by Congress. The foundation will use the money to fund projects for the conservation, protection, restoration and management of wetland, marine and coastal resources, with an emphasis on projects benefiting wetlands in and around St. Andrew Bay.
“The defendants adversely impacted wetlands, which play a critical role in maintaining water quality, providing habitat for fish and wildlife, reducing flood damage, and providing recreational opportunities for the public,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assistance. “The sentences show that EPA, in conjunction with its federal and state law enforcement partners, will vigorously investigate and seek prosecution for those who harm these essential natural resources.”
In a separate but related civil settlement, Northwest Florida Holdings, Inc., a Florida holding corporation controlled by D’Isernia, entered into an Administrative Compliance Order with the U.S. Environmental Protection Agency (EPA) that will result in the restoration of approximately 58.63 acres of wetlands and upland buffers. The wetlands will be protected from future development by a conservation easement. The corporation also agreed to study the water quality in and around the Allanton and Nelson Street Shipyards; upgrade stormwater protection for the Allanton Shipyard; withdraw applications to convert the launching basin to a marina and create a Planned Unit Development at the Allanton Shipyard; and hire someone to oversee environmental compliance.
In a second separate but related civil settlement, Northwest Florida Holdings, Inc. entered into a consent order with the Florida Department of Environmental Protection (FDEP) and agreed to conduct stormwater corrective actions and water quality studies at the Allanton Shipyard. The corporation will pay a $9,750 civil fine to the Ecosystem Management and Restoration Trust Fund, and $94,718.25 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
In a third separate but related civil settlement, Bay Fabrication, Inc., a corporation controlled by D’Isernia, entered into a consent order with FDEP and agreed to conduct stormwater corrective actions and water quality studies at the Nelson Street Shipyard. The corporation will pay a $6,000 civil fine to the Ecosystem Management and Restoration Trust Fund, and $76,923 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.
In a fourth separate but related civil settlement, Peninsula Holdings, LLC, a corporation controlled by D’Isernia, entered into a Consent Order with FDEP and agreed to conduct stormwater improvements at property it owns located at 2500 Nelson Street, Panama City, Florida 32401. The corporation will pay a $1,500 civil fine to the Ecosystem Management and Restoration Trust Fund.
In a fifth separate but related civil settlement, D’Isernia and his wife Miriam D’Isernia, entered into a consent order with FDEP to remove unauthorized fill materials from property located in Panama City Beach, Fla. Brian and Miriam D’Isernia will pay a $250 civil fine to the Ecosystem Management and Restoration Trust Fund.
These cases were investigated by the EPA Criminal Investigation Division and the Coast Guard Investigative Service, in partnership with EPA Region 4, the U.S. Department of Transportation, Office of Inspector General, U.S. Army Corps of Engineers, U.S. Coast Guard Station Panama City, U.S. Department of Agriculture, and FDEP. These cases were prosecuted by the Honorable Randall J. Hensel, Assistant United States Attorney for the Northern District of Florida.
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