FROM: FEDERAL TRADE COMMISSION
FTC Charges Marketers with Deceiving Small Businesses into Buying Credit/Debit Card Processing Services and Equipment
The Federal Trade Commission has charged an operation that sells credit and debit card payment processing services to small businesses with violating federal law. The defendants allegedly made false and unsubstantiated claims and failed to disclose material facts to storefront businesses and sole proprietorships before they applied for services and equipment to process credit and debit card payments. The FTC seeks to halt the allegedly illegal practices and return money to victims.
The defendants are Merchant Services Direct LLC (MSD), also doing business as Sphyra Inc.; Boost Commerce Inc.; Generation Y Investments LLC; Kyle Lawson Dove; and Shane Patrick Hurley. The Washington State Attorney General’s Office has simultaneously filed an action against these defendants in the Superior Court for Spokane County, Washington.
According to the FTC’s complaint, as an “independent sales organization” (ISO), MSD sells to small local businesses the ability to accept credit and debit card payments. The businesses pay fees whenever their customers pay with a credit or debit card.
As alleged in the complaint, MSD sales agents typically call small businesses and lead them to believe they are associated with the businesses’ current card processor, Visa or MasterCard, or their bank. The sales agents allegedly promise substantial savings on credit and debit card processing. They specify a much lower rate than the businesses currently pay, and quote one fee, a fixed per-transaction cost, without mentioning all the other fees the businesses will have to pay. Merchants who ask if there are other fees allegedly are told there are none.
According to the FTC’s complaint, MSD agents also dupe customers into leasing new card processing terminals for two to four years, falsely claiming their current “swipe” terminals are outdated or incompatible with its services. Sometimes they even claim the terminals are free. Agents persuade merchants to sign fine-print, binding contracts on the spot by telling them the documents are merely applications – a ruse made easier, according to the FTC, by the fact that the contracts are labeled “applications.” Merchants are often falsely told they can cancel any time. Many victims discover their new lease obligation only after being billed, still owing the balance of their previous lease, which can be thousands of dollars.
Defendants also tout on various versions of their website “Guaranteed Lowest Rates,” claiming merchants could “save 30%” with “whole sale [sic] processing” or have “anywhere from 20% to 30% savings when switching to” MSD. In fact, according to the FTC, there are no wholesale rates, as third parties process card payments, not MSD. As alleged in the complaint, those who call MSD’s customer service department reach employees who either do not help them or say they will waive fees or provide refunds but don’t. Customers who were promised they could cancel the “applications” they signed with no penalty are charged substantial cancellation fees, according to the FTC’s complaint. Generally, only in response to complaints filed with the Better Business Bureau and state attorneys general have the defendants refunded money or waived fees.
The Commission vote authorizing the staff to file the complaint was 4-0. The complaint was filed in the U.S. District Court for the Eastern District of Washington. In addition to filing the lawsuit, the FTC has sought a court order immediately halting the unlawful practices along with an order freezing the defendants’ assets and appointing a receiver over the corporate defendants.
The FTC acknowledges the assistance of the Washington State Attorney General’s Office and the Better Business Bureau of Eastern Washington, North Idaho, and Montana.
NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.
Wednesday, July 31, 2013
RECENT U.S. NAVY PHOTOS FROM AFGHANISTAN
FROM: U.S. NAVY
U.S. Navy Seabees replace the tire on equipment on Camp Leatherneck in Helmand province, Afghanistan, July 18, 2013. The Seabees are assigned to the Naval Mobile Construction Battalion 15. U.S. Navy photo by Petty Officer 1st Class Daniel Garas
A U.S. Navy Seabee dumps dirt into the back of a truck along a fence line on Camp Leatherneck in Helmand province, Afghanistan, July 18, 2013. U.S. Navy photo by Petty Officer 1st Class Daniel Garas.
PENSION PLAN TRUSTEE AGREES TO RESTORE ASSET SHORTFALLS
FROM: U.S. DEPARTMENT OF LABOR
Trustee of defunct New York City garment companies’ pension plans settles US Labor Department suit alleging misuse of more than $4.2 million in plan assets
Colette Mordo agrees to restore asset shortfalls; is permanently barred as fiduciary
NEW YORK — The U.S. Department of Labor has obtained a consent judgment in federal court in which the trustee of two defined benefit pension plans admits to entering into $4,232,915 in alleged unlawful plan transactions between 2002 and 2010. Colette Mordo, trustee and fiduciary to the pension plans of the Manhattan-based Sadimara Knitwear Inc. and the Stallion Knits Ltd. pension plans also agrees to restore, up to that amount, any shortfall in assets owed to the plans' participants and beneficiaries.
The judgment resolves a lawsuit filed in the U.S. District Court for the Southern District of New York alleging that Mordo violated her fiduciary duties under ERISA. The lawsuit alleged that Mordo authorized the pension plans to make improper loans and transfers of plan assets over several years to multiple recipients, including members of the Mordo family and International Design Concepts LLC and Apparel Group International LLC, two companies in which Mordo had an ownership interest.
"If you've been entrusted with the assets of an employee benefit plan, it's illegal to enrich yourself or your family at the plan's expense," said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi. "That's not just common sense; it's the law, and the Labor Department will not hesitate to investigate and pursue appropriate legal remedies whenever fiduciaries fail to meet this standard."
The judgment removes Mordo from any and all fiduciary positions with respect to the plans and permanently bars her from serving as a fiduciary to any ERISA-covered plan. It also appoints David M. Lipkin of Metro Benefits Inc. as the independent fiduciary who will administer the plans, determine and pay out benefits to participants, and terminate the plans. The Labor Department is authorized to seek a contempt order should Mordo violate any terms of the judgment.
Sadimara Knitwear Inc. and Stallion Knits Ltd. were garment companies headquartered in Manhattan. The companies, which are no longer in operation, sponsored the plans to provide pension benefits to their employees.
Trustee of defunct New York City garment companies’ pension plans settles US Labor Department suit alleging misuse of more than $4.2 million in plan assets
Colette Mordo agrees to restore asset shortfalls; is permanently barred as fiduciary
NEW YORK — The U.S. Department of Labor has obtained a consent judgment in federal court in which the trustee of two defined benefit pension plans admits to entering into $4,232,915 in alleged unlawful plan transactions between 2002 and 2010. Colette Mordo, trustee and fiduciary to the pension plans of the Manhattan-based Sadimara Knitwear Inc. and the Stallion Knits Ltd. pension plans also agrees to restore, up to that amount, any shortfall in assets owed to the plans' participants and beneficiaries.
The judgment resolves a lawsuit filed in the U.S. District Court for the Southern District of New York alleging that Mordo violated her fiduciary duties under ERISA. The lawsuit alleged that Mordo authorized the pension plans to make improper loans and transfers of plan assets over several years to multiple recipients, including members of the Mordo family and International Design Concepts LLC and Apparel Group International LLC, two companies in which Mordo had an ownership interest.
"If you've been entrusted with the assets of an employee benefit plan, it's illegal to enrich yourself or your family at the plan's expense," said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi. "That's not just common sense; it's the law, and the Labor Department will not hesitate to investigate and pursue appropriate legal remedies whenever fiduciaries fail to meet this standard."
The judgment removes Mordo from any and all fiduciary positions with respect to the plans and permanently bars her from serving as a fiduciary to any ERISA-covered plan. It also appoints David M. Lipkin of Metro Benefits Inc. as the independent fiduciary who will administer the plans, determine and pay out benefits to participants, and terminate the plans. The Labor Department is authorized to seek a contempt order should Mordo violate any terms of the judgment.
Sadimara Knitwear Inc. and Stallion Knits Ltd. were garment companies headquartered in Manhattan. The companies, which are no longer in operation, sponsored the plans to provide pension benefits to their employees.
Tuesday, July 30, 2013
READOUT: SECRETARY HAGEL'S MEETING WITH GREECE'S MINISTER OF DEFENSE AVRAMOPOULOS
FROM: U.S. DEPARTMENT OF DEFENSE
Readout of Secretary Hagel's Meeting with Greece's Minister of Defense Dimitris Avramopoulos
Pentagon Press Secretary George Little provided the following readout:
"Secretary of Defense Chuck Hagel welcomed Greek Minister of Defense Dimitris Avramopoulos today to the Pentagon.
"Secretary Hagel thanked Minister Avramopoulos for Greece's continued hosting of U.S. forces at Naval Support Activity at Souda Bay. Souda Bay is a key enabler of U.S. strategic objectives in the region, the importance of which became apparent during Operation Unified Protector in Libya.
"Secretary Hagel praised Greece's contributions to regional security in the Balkans and expressed appreciation for Greece's support and cooperation in the North Atlantic Treaty Organization. Secretary Hagel and Minister Avramopoulos discussed issues of mutual strategic importance in the Mediterranean, Middle East, and North Africa including Egypt and Syria. Minister Avramopoulos highlighted the partnership between the United States and Greece and pledged to maintain the strong relationship between the two allies.
"Secretary Hagel and Minister Avramopoulos agreed to continue joint military training, exchanges, and high level defense consultations, and committed to recognizing these activities through development of a U.S.-Greece Defense Cooperation Roadmap."
Readout of Secretary Hagel's Meeting with Greece's Minister of Defense Dimitris Avramopoulos
Pentagon Press Secretary George Little provided the following readout:
"Secretary of Defense Chuck Hagel welcomed Greek Minister of Defense Dimitris Avramopoulos today to the Pentagon.
"Secretary Hagel thanked Minister Avramopoulos for Greece's continued hosting of U.S. forces at Naval Support Activity at Souda Bay. Souda Bay is a key enabler of U.S. strategic objectives in the region, the importance of which became apparent during Operation Unified Protector in Libya.
"Secretary Hagel praised Greece's contributions to regional security in the Balkans and expressed appreciation for Greece's support and cooperation in the North Atlantic Treaty Organization. Secretary Hagel and Minister Avramopoulos discussed issues of mutual strategic importance in the Mediterranean, Middle East, and North Africa including Egypt and Syria. Minister Avramopoulos highlighted the partnership between the United States and Greece and pledged to maintain the strong relationship between the two allies.
"Secretary Hagel and Minister Avramopoulos agreed to continue joint military training, exchanges, and high level defense consultations, and committed to recognizing these activities through development of a U.S.-Greece Defense Cooperation Roadmap."
READOUT OF DEPUTY SECRETARY CARTER'S MEETING WITH JAPANESE PARLIAMENTARY SENIOR VICE MINISTER ETO
FROM: U.S. DEPARTMENT OF DEFENSE
Readout of Deputy Secretary Carter's Meeting with Japanese Parliamentary Senior Vice Minister Eto
Pentagon Press Secretary George Little provided the following readout:
Deputy Secretary of Defense Ashton B. Carter hosted Japanese Parliamentary Senior Vice Minister of Defense Akinori Eto today at the Pentagon.
Deputy Secretary Carter welcomed Parliamentary Senior Vice Minister Eto and expressed admiration for the strong work the United States and Japan have accomplished together in support of the bilateral Alliance. Deputy Secretary Carter emphasized the steadfast nature of the U.S. commitment to the Asia-Pacific rebalance, and noted the significant role of the U.S.-Japan Alliance in maintaining regional security and stability. The two leaders discussed the strategic environment and the possibility of a review of the 1997 U.S.-Japan Defense Guidelines in order to meet emerging opportunities and challenges. They agreed that strengthening cooperation with other regional partners, including the Republic of Korea, is an important element of promoting peace and stability.
Parliamentary Senior Vice Minister Eto updated Deputy Secretary Carter on the status of Japan's National Defense Program Guidelines, including the content of the interim report released on July 26. Deputy Secretary Carter and Parliamentary Senior Vice Minister Eto agreed to make steady progress on the realignment of U.S. Forces Japan, including the relocation of Marine Corps Air Station Futenma to Henoko and of U.S. Marines from Okinawa to Guam. They also discussed progress being made with respect to the Joint Strike Fighter program. The two leaders agreed to stay in close touch to build upon the strong bilateral relationship between their two countries.
Readout of Deputy Secretary Carter's Meeting with Japanese Parliamentary Senior Vice Minister Eto
Pentagon Press Secretary George Little provided the following readout:
Deputy Secretary of Defense Ashton B. Carter hosted Japanese Parliamentary Senior Vice Minister of Defense Akinori Eto today at the Pentagon.
Deputy Secretary Carter welcomed Parliamentary Senior Vice Minister Eto and expressed admiration for the strong work the United States and Japan have accomplished together in support of the bilateral Alliance. Deputy Secretary Carter emphasized the steadfast nature of the U.S. commitment to the Asia-Pacific rebalance, and noted the significant role of the U.S.-Japan Alliance in maintaining regional security and stability. The two leaders discussed the strategic environment and the possibility of a review of the 1997 U.S.-Japan Defense Guidelines in order to meet emerging opportunities and challenges. They agreed that strengthening cooperation with other regional partners, including the Republic of Korea, is an important element of promoting peace and stability.
Parliamentary Senior Vice Minister Eto updated Deputy Secretary Carter on the status of Japan's National Defense Program Guidelines, including the content of the interim report released on July 26. Deputy Secretary Carter and Parliamentary Senior Vice Minister Eto agreed to make steady progress on the realignment of U.S. Forces Japan, including the relocation of Marine Corps Air Station Futenma to Henoko and of U.S. Marines from Okinawa to Guam. They also discussed progress being made with respect to the Joint Strike Fighter program. The two leaders agreed to stay in close touch to build upon the strong bilateral relationship between their two countries.
EXPORT-IMPORT BANK CHAIRMAN HOCHBERG'S MESSAGE
FROM: U.S. EXPORT-IMPORT BANK
Message from the Chairman,
Fred Hochberg
Let me begin by telling you how honored I am to have been reappointed by President Obama and confirmed by the Senate for another term as Chairman of the Export-Import Bank. After a strong, bipartisan vote, I look forward to working with the excellent team here at Ex-Im on behalf of American exporters, supporting jobs here at home through sales abroad. And I look forward to working with all of you.
As we continue our economic recovery, exports continue to play a key role. Over the past four years, Ex-Im Bank’s financing has supported nearly one million American jobs and helped thousands of small businesses expand their reach into international markets. The Bank also delivered more than $1 billion to the U.S. Treasury during this period at no cost to American taxpayers.
Moving forward, all of us at Ex-Im will continue to work with members of Congress, our Board and customers to ensure that America’s workers, small business owners, and exporters have access to the financing they need. We’ll work to ensure America’s exporters are able to compete on a level playing field and sell their products and services around the world.
Aside from the confirmation proceedings, it’s been an eventful three months here at Ex-Im. I would like to update you on our latest results.
Following fiscal year 2012’s record results, Ex-Im is on track for another productive year—thanks to America’s dynamic exporting community. Authorizations in our April-June quarter were $6 billion, for a total of $21.7billion for the year to date. More important, our financing supported 165,000 export-related American jobs so far this year in communities across the country. Our total exposure is nearly $110 billion.
The Bank’s year-to-date authorizations have declined relative to the same period last year from $23.8 billion to $21.7 billion, a promising trend that illustrates the renewed lending activity of commercial banks in the wake of the financial crisis. Our transportation authorizations, for instance, will be down overall as commercial banks re-enter commercial-aircraft financing, though our support for general aviation and helicopters has increased as we have diversified our portfolio. Mining, which has traditionally played a large role, will decrease as well due in large part to slower global demand for commodities. However, our authorizations for satellite and manufacturing deals are up this year. We’ve done more transactions this year than in FY 2012, but our ticket sizes are smaller. While commercial banks are stepping back into the breach, we’re still needed to do the tougher, more complicated deals.
And if you allow me to brag a little, we won three prestigious awards:
Trade Finance magazine named Ex-Im “Best Global Export Credit Agency” for the second time and, for the fourth consecutive time, “Best ECA in the Americas.” Besides that, Trade Finance recognized Ex-Im for our participation in six “Deals of the Year.”
Two weeks later, London’s Trade and Forfaiting Review named us “World’s Best Export Credit Agency” for our support for exports and innovative deals.
AirFinance Journal recognized Ex-Im for four 2012 aviation “Deal of the Year” awards – each of them financed by our innovative Bank-guaranteed bonds, one of our most successful innovations in recent years.
We’ve achieved these results without any significant increase in staff, instead creating new financial products to meet the unique needs of our exporters competing in today’s global economy. For example, our innovative Global Credit Express program for short-term working capital loans to small exporters continues to grow rapidly. We’re having great success with our capital markets initiative that issues large, long-term guaranteed bonds for export sales like commercial aircraft.
I was also pleased that President Obama recently nominated Ex-Im Bank Vice Chair Wanda Felton for a second term here. Among her accomplishments, she’s been a driving force behind our successful expansion of financing exports to Sub-Saharan Africa. We look forward to her timely confirmation by the Senate.
Sadly, Director Larry Walther left the Bank earlier this month after two years of outstanding service as a member of our Board of Directors. Larry is a seasoned pro in trade finance and promotion here and in his beloved Arkansas, where he returns for some well-earned relaxation.
None of these successes would have been possible without the creativity, hard work and dedication of Ex-Im staff – in support of our exporters who continue to sell world-class goods and services to buyers in over 150 countries. You are a great team, and I’m proud to work with you.
Sincerely,
Fred P. Hochberg
Message from the Chairman,
Fred Hochberg
Let me begin by telling you how honored I am to have been reappointed by President Obama and confirmed by the Senate for another term as Chairman of the Export-Import Bank. After a strong, bipartisan vote, I look forward to working with the excellent team here at Ex-Im on behalf of American exporters, supporting jobs here at home through sales abroad. And I look forward to working with all of you.
As we continue our economic recovery, exports continue to play a key role. Over the past four years, Ex-Im Bank’s financing has supported nearly one million American jobs and helped thousands of small businesses expand their reach into international markets. The Bank also delivered more than $1 billion to the U.S. Treasury during this period at no cost to American taxpayers.
Moving forward, all of us at Ex-Im will continue to work with members of Congress, our Board and customers to ensure that America’s workers, small business owners, and exporters have access to the financing they need. We’ll work to ensure America’s exporters are able to compete on a level playing field and sell their products and services around the world.
Aside from the confirmation proceedings, it’s been an eventful three months here at Ex-Im. I would like to update you on our latest results.
Following fiscal year 2012’s record results, Ex-Im is on track for another productive year—thanks to America’s dynamic exporting community. Authorizations in our April-June quarter were $6 billion, for a total of $21.7billion for the year to date. More important, our financing supported 165,000 export-related American jobs so far this year in communities across the country. Our total exposure is nearly $110 billion.
The Bank’s year-to-date authorizations have declined relative to the same period last year from $23.8 billion to $21.7 billion, a promising trend that illustrates the renewed lending activity of commercial banks in the wake of the financial crisis. Our transportation authorizations, for instance, will be down overall as commercial banks re-enter commercial-aircraft financing, though our support for general aviation and helicopters has increased as we have diversified our portfolio. Mining, which has traditionally played a large role, will decrease as well due in large part to slower global demand for commodities. However, our authorizations for satellite and manufacturing deals are up this year. We’ve done more transactions this year than in FY 2012, but our ticket sizes are smaller. While commercial banks are stepping back into the breach, we’re still needed to do the tougher, more complicated deals.
And if you allow me to brag a little, we won three prestigious awards:
Trade Finance magazine named Ex-Im “Best Global Export Credit Agency” for the second time and, for the fourth consecutive time, “Best ECA in the Americas.” Besides that, Trade Finance recognized Ex-Im for our participation in six “Deals of the Year.”
Two weeks later, London’s Trade and Forfaiting Review named us “World’s Best Export Credit Agency” for our support for exports and innovative deals.
AirFinance Journal recognized Ex-Im for four 2012 aviation “Deal of the Year” awards – each of them financed by our innovative Bank-guaranteed bonds, one of our most successful innovations in recent years.
We’ve achieved these results without any significant increase in staff, instead creating new financial products to meet the unique needs of our exporters competing in today’s global economy. For example, our innovative Global Credit Express program for short-term working capital loans to small exporters continues to grow rapidly. We’re having great success with our capital markets initiative that issues large, long-term guaranteed bonds for export sales like commercial aircraft.
I was also pleased that President Obama recently nominated Ex-Im Bank Vice Chair Wanda Felton for a second term here. Among her accomplishments, she’s been a driving force behind our successful expansion of financing exports to Sub-Saharan Africa. We look forward to her timely confirmation by the Senate.
Sadly, Director Larry Walther left the Bank earlier this month after two years of outstanding service as a member of our Board of Directors. Larry is a seasoned pro in trade finance and promotion here and in his beloved Arkansas, where he returns for some well-earned relaxation.
None of these successes would have been possible without the creativity, hard work and dedication of Ex-Im staff – in support of our exporters who continue to sell world-class goods and services to buyers in over 150 countries. You are a great team, and I’m proud to work with you.
Sincerely,
Fred P. Hochberg
FORMER SENIOR EXECUTIVE PLEADS GUILTY IN $400 MILLION SECURITIES FRAUD CASE
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, July 23, 2013
Former Senior Executive of ArthroCare Corp. Pleads Guilty in $400 Million Securities Fraud Scheme
A former senior executive of ArthroCare Corp., a publicly traded medical device company based in Austin, Texas, pleaded guilty for his role in a scheme to defraud the company’s shareholders and members of the investing public by falsely inflating ArthroCare’s earnings, announced Acting Assistant Attorney Mythili Raman of the Department of Justice’s Criminal Division and U.S. Attorney Robert Pitman of the Western District of Texas. The plea was taken under seal on June 24, 2013, and unsealed late yesterday.
John Raffle, 45, of Austin, pleaded guilty before U.S. Magistrate Judge Mark Lane in Austin to conspiracy to commit securities, mail and wire fraud and two false statements violations. Raffle was the senior vice president of Strategic Business Units at ArthroCare, overseeing all sales and marketing staff at the company. Raffle admitted that he and other co-conspirators falsely inflated ArthroCare’s sales and revenue through a series of end-of-quarter transactions involving ArthroCare’s distributors and that he and other co-conspirators caused ArthroCare to file a Form 10-K for 2007 and Form 10-Q for the first quarter of 2008 with the U.S. Securities and Exchange Commission that materially misrepresented ArthroCare’s quarterly and annual sales, revenues, expenses and earnings. As part of his plea, Raffle agreed that his conduct and the conduct of his co-conspirators caused more than $400 million in losses to shareholders.
According to court documents, Raffle and others determined the type and amount of product to be shipped to distributors – notably ArthroCare’s largest distributor, DiscoCare Inc. – based on ArthroCare’s need to meet sales forecasts, rather than the distributors’ actual orders. Raffle and others then caused ArthroCare to “park” millions of dollars worth of ArthroCare’s medical devices at its distributors at the end of each relevant quarter. ArthroCare would then report these shipments as sales in its quarterly and annual filings at the time of the shipment, enabling the company to meet or exceed internal and external earnings forecasts.
According to the superseding information, DiscoCare agreed to accept shipment of approximately $37 million of product in exchange for substantial, upfront cash commissions, extended payment terms and the ability to return product, as well as other special conditions, allowing ArthroCare to falsely inflate its revenue by tens of millions of dollars. To conceal the fact that DiscoCare owed ArthroCare a substantial amount of money on the unused inventory, Raffle and others caused ArthroCare to acquire DiscoCare on Dec. 31, 2007.
According to court documents, between December 2005 and December 2008, ArthroCare’s shareholders held more than 25 million shares of ArthroCare stock. On July 21, 2008, after ArthroCare announced publicly that it would be restating its previously reported financial results from the third quarter 2006 through the first quarter 2008 to reflect the results of an internal investigation, the price of ArthroCare shares dropped from $40.03 to $23.21 per share. The drop in ArthroCare’s share price caused an immediate loss in shareholder value of more than $400 million.
Raffle faces a maximum prison sentence of five years in prison for each charge. A sentencing date has yet to be scheduled. Raffle’s co-defendant David Applegate pleaded guilty on May 9, 2013. ArthroCare’s Chief Executive Officer, Michael Baker, and Chief Financial Officer, Michael Gluk, were indicted as part of the same alleged securities fraud scheme on July 16, 2013. An indictment is merely a charge, and the defendants are presumed innocent until proven guilty.
This case was investigated by the FBI’s Austin office. The case is being prosecuted by Deputy Chief Benjamin D. Singer and Trial Attorneys Henry P. Van Dyck and William Chang of the Criminal Division’s Fraud Section. The Department recognizes the substantial assistance of the U.S. Securities and Exchange Commission.
Tuesday, July 23, 2013
Former Senior Executive of ArthroCare Corp. Pleads Guilty in $400 Million Securities Fraud Scheme
A former senior executive of ArthroCare Corp., a publicly traded medical device company based in Austin, Texas, pleaded guilty for his role in a scheme to defraud the company’s shareholders and members of the investing public by falsely inflating ArthroCare’s earnings, announced Acting Assistant Attorney Mythili Raman of the Department of Justice’s Criminal Division and U.S. Attorney Robert Pitman of the Western District of Texas. The plea was taken under seal on June 24, 2013, and unsealed late yesterday.
John Raffle, 45, of Austin, pleaded guilty before U.S. Magistrate Judge Mark Lane in Austin to conspiracy to commit securities, mail and wire fraud and two false statements violations. Raffle was the senior vice president of Strategic Business Units at ArthroCare, overseeing all sales and marketing staff at the company. Raffle admitted that he and other co-conspirators falsely inflated ArthroCare’s sales and revenue through a series of end-of-quarter transactions involving ArthroCare’s distributors and that he and other co-conspirators caused ArthroCare to file a Form 10-K for 2007 and Form 10-Q for the first quarter of 2008 with the U.S. Securities and Exchange Commission that materially misrepresented ArthroCare’s quarterly and annual sales, revenues, expenses and earnings. As part of his plea, Raffle agreed that his conduct and the conduct of his co-conspirators caused more than $400 million in losses to shareholders.
According to court documents, Raffle and others determined the type and amount of product to be shipped to distributors – notably ArthroCare’s largest distributor, DiscoCare Inc. – based on ArthroCare’s need to meet sales forecasts, rather than the distributors’ actual orders. Raffle and others then caused ArthroCare to “park” millions of dollars worth of ArthroCare’s medical devices at its distributors at the end of each relevant quarter. ArthroCare would then report these shipments as sales in its quarterly and annual filings at the time of the shipment, enabling the company to meet or exceed internal and external earnings forecasts.
According to the superseding information, DiscoCare agreed to accept shipment of approximately $37 million of product in exchange for substantial, upfront cash commissions, extended payment terms and the ability to return product, as well as other special conditions, allowing ArthroCare to falsely inflate its revenue by tens of millions of dollars. To conceal the fact that DiscoCare owed ArthroCare a substantial amount of money on the unused inventory, Raffle and others caused ArthroCare to acquire DiscoCare on Dec. 31, 2007.
According to court documents, between December 2005 and December 2008, ArthroCare’s shareholders held more than 25 million shares of ArthroCare stock. On July 21, 2008, after ArthroCare announced publicly that it would be restating its previously reported financial results from the third quarter 2006 through the first quarter 2008 to reflect the results of an internal investigation, the price of ArthroCare shares dropped from $40.03 to $23.21 per share. The drop in ArthroCare’s share price caused an immediate loss in shareholder value of more than $400 million.
Raffle faces a maximum prison sentence of five years in prison for each charge. A sentencing date has yet to be scheduled. Raffle’s co-defendant David Applegate pleaded guilty on May 9, 2013. ArthroCare’s Chief Executive Officer, Michael Baker, and Chief Financial Officer, Michael Gluk, were indicted as part of the same alleged securities fraud scheme on July 16, 2013. An indictment is merely a charge, and the defendants are presumed innocent until proven guilty.
This case was investigated by the FBI’s Austin office. The case is being prosecuted by Deputy Chief Benjamin D. Singer and Trial Attorneys Henry P. Van Dyck and William Chang of the Criminal Division’s Fraud Section. The Department recognizes the substantial assistance of the U.S. Securities and Exchange Commission.
THE LITTLE ROVER BELOW
FROM: NASA
NASA's Mars Science Laboratory rover Curiosity appears as a bluish dot near the lower right corner of this enhanced-color view from the High Resolution Imaging Science Experiment (HiRISE) camera on NASA's Mars Reconnaissance Orbiter. The rover's tracks are visible extending from the landing site, "Bradbury Landing," in the left half of the scene. Two bright, relatively blue spots surrounded by darker patches are where the Mars Science Laboratory spacecraft's landing jets cleared away reddish surface dust at the landing site. North is toward the top. For scale, the two parallel lines of the wheel tracks are about 10 feet (3 meters) apart. HiRISE shot this image on June 27, 2013, when Curiosity was at an outcrop called "Shaler" in the "Glenelg" area of Gale Crater. Subsequently the rover drove away from Glenelg toward the southwest. When HiRISE captured this view, the Mars Reconnaissance Orbiter was rolled for an eastward-looking angle rather than straight downward. The afternoon sun illuminated the scene from the western sky, so the lighting was nearly behind the camera. Specifically, the angle from sun to orbiter to rover was just 5.47 degrees. This geometry hides shadows and reveals subtle color variations. The image is one product from HiRISE observation ESP_032436_1755. Other image products from this observation are available at http://www.uahirise.org/ESP_032436_1755 . HiRISE is one of six instruments on NASA's Mars Reconnaissance Orbiter. The University of Arizona, Tucson, operates HiRISE, which was built by Ball Aerospace & Technologies Corp., Boulder, Colo. NASA's Jet Propulsion Laboratory, a division of the California Institute of Technology in Pasadena, manages the Mars Reconnaissance Orbiter and Mars Science Laboratory projects for NASA's Science Mission Directorate, Washington. Image credit: NASA/JPL-Caltech/Univ. of Arizona › Related release.
Monday, July 29, 2013
JOHN KERRY'S REMARKS WITH AMBASSADOR MARTIN INDYK ON ISRAELI-PALESTINIAN NEGOTIATIONS
FROM: U.S. STATE DEPARTMENT
Remarks With Ambassador Martin Indyk
Remarks
John Kerry
Secretary of State
Press Briefing Room
Washington, DC
July 29, 2013
SECRETARY KERRY: Good morning, everybody. Well, as you all know, it’s taken many hours and many trips to make possible the resumption of the Israeli-Palestinian negotiations. And the negotiators are now en route to Washington, even as we speak here. And I will have more to say about the journey to this moment and what our hopes are after our initial meetings conclude tomorrow.
This effort began with President Obama’s historic trip to Israel and Ramallah in March of this year. And without his commitment, without his conversations there, and without his engagement in this initiative, we would not be here today. The President charged me directly with the responsibility to explore fully the possibility of resuming talks. And in our meetings with President Abbas and Prime Minister Netanyahu, he conveyed his expectations for this process.
Getting to this resumption has also taken the courageous leadership of Prime Minister Netanyahu and President Abbas. And I salute both of them for their willingness to make difficult decisions and to advocate within their own countries and with their own leadership teams – countries with the Palestinian territories.
I would also like to recognize the important contributions of senior negotiators on both sides, particularly Minister Tzipi Livni and Saeb Erekat, both of whom really stood up and stood strong in the face of very tough criticism at home and whose unwavering commitment made the launch of these talks possible. I look forward to beginning work with them tonight.
Going forward, it’s no secret that this is a difficult process. If it were easy, it would have happened a long time. It’s no secret, therefore, that many difficult choices lie ahead for the negotiators and for the leaders as we seek reasonable compromises on tough, complicated, emotional, and symbolic issues. I think reasonable compromises has to be a keystone of all of this effort. I know the negotiations are going to be tough, but I also know that the consequences of not trying could be worse.
To help the parties navigate the path to peace and to avoid its many pitfalls, we’ll be very fortunate to have on our team on a day-to-day basis, working with the parties wherever they are negotiating a seasoned American diplomat, Ambassador Martin Indyk, who has agreed to take on this critical task at this crucial time as the UN – U.S. – excuse me – U.S. Special Envoy for Israeli-Palestinian Negotiations. Assisting Martin will be – as his deputy and as a senior advisor to me – will be Frank Lowenstein, who has been working with me on this process from the beginning.
In his memoir about the peace process, Ambassador Indyk quotes a poem by Samuel Coleridge that begins, “If men could learn from history, what lessons it would teach us!” Ambassador Indyk brings to this challenge his deep appreciation for the history of the Israeli-Palestinian conflict. And from his service under President Clinton, Secretary Christopher, and Secretary Albright, he brings a deep appreciation for the art of U.S. diplomacy in the Middle East. That experience has earned Ambassador Indyk the respect of both sides, and they know that he has made the cause of peace his life mission. He knows what has worked and he knows what hasn’t worked, and he knows how important it is to get this right.
Ambassador Indyk is realistic. He understands that Israeli-Palestinian peace will not come easily and it will not happen overnight. But he also understands that there is now a path forward and we must follow that path with urgency. He understands that to ensure that lives are not needlessly lost, we have to ensure that opportunities are not needlessly lost. And he shares my belief that if the leaders on both sides continue to show strong leadership and a willingness to make those tough choices and a willingness to reasonably compromise, then peace is possible.
So Martin, I’m grateful that you’ve agreed to take a leave from your post at the Brookings Institution to serve once again in this most important role. And I know that you are eager to get to work, as am I. Martin.
AMBASSADOR INDYK: Thank you. Mr. Secretary, thank you very much for that generous introduction and for vesting in me such important responsibilities. I am deeply honored to serve you and to serve President Obama in your noble endeavor to achieve Israeli-Palestinian peace. The fact that later today Israeli and Palestinian negotiators will sit down in this building to resume final status negotiations after a three-year hiatus is testament to your extraordinary tireless efforts, backed by President Obama, to try to resolve this intractable conflict.
President Obama made the case so eloquently in his historic speech in Jerusalem in March of this year when he argued to an audience of young Israelis that, quote, “Peace is necessary, peace is just, and peace is possible.” And you, Mr. Secretary, have proven him right. You’ve shown that it can be done.
I couldn’t agree more with President Obama. It’s been my conviction for 40 years that peace is possible since I experienced the agony of the 1973 Yom Kippur War as a student in Jerusalem. In those dark days, I witnessed firsthand how one of your predecessors, Henry Kissinger, brokered a ceasefire that ended the war and paved the way for peace between Israel and Egypt.
Because of your confidence that it could be done, you took up the challenge when most people thought you were on a mission impossible. And backed by the President, you drove the effort with persistence, patience, and creativity. As a result, today, Prime Minister Netanyahu and President Mahmoud Abbas have made the tough decisions required to come back to the negotiating table.
I’m therefore deeply grateful to you and to President Obama for entrusting me with the mission of helping you take this breakthrough and turn it into a full-fledged Israeli-Palestinian peace agreement. It is a daunting and humbling challenge, but one that I cannot desist from. I look forward with great excitement to working with you, President Abbas, and Prime Minister Netanyahu, and their teams, to do our best to achieve President Obama’s vision of two states living side-by-side in peace and security. I also look forward to working with the team that you are assembling, starting with Frank Lowenstein, who, as you said, has made such an important contribution to getting us to this point and who will be my partner in this endeavor.
Fifteen years ago my son, Jacob, who was 13 at the time, designed a screensaver for my computer. It consisted of a simple question that flashed across the screen constantly: Dad, is there peace in the Middle East yet? I guess you could say, Mr. Secretary, that he was one of the original skeptics. (Laughter.) But behind that skepticism was also a yearning. And for 15 years, I’ve only been able to answer him, “Not yet.” Perhaps, Mr. Secretary, through your efforts and our support, we may yet be able to tell Jake, and more importantly, all those young Israelis and Palestinians who yearn for a different, better tomorrow, that this time, we actually made it.
Thank you.
SECRETARY KERRY: Thank you, all. We’ll see you later. Thank you.
Remarks With Ambassador Martin Indyk
Remarks
John Kerry
Secretary of State
Press Briefing Room
Washington, DC
July 29, 2013
SECRETARY KERRY: Good morning, everybody. Well, as you all know, it’s taken many hours and many trips to make possible the resumption of the Israeli-Palestinian negotiations. And the negotiators are now en route to Washington, even as we speak here. And I will have more to say about the journey to this moment and what our hopes are after our initial meetings conclude tomorrow.
This effort began with President Obama’s historic trip to Israel and Ramallah in March of this year. And without his commitment, without his conversations there, and without his engagement in this initiative, we would not be here today. The President charged me directly with the responsibility to explore fully the possibility of resuming talks. And in our meetings with President Abbas and Prime Minister Netanyahu, he conveyed his expectations for this process.
Getting to this resumption has also taken the courageous leadership of Prime Minister Netanyahu and President Abbas. And I salute both of them for their willingness to make difficult decisions and to advocate within their own countries and with their own leadership teams – countries with the Palestinian territories.
I would also like to recognize the important contributions of senior negotiators on both sides, particularly Minister Tzipi Livni and Saeb Erekat, both of whom really stood up and stood strong in the face of very tough criticism at home and whose unwavering commitment made the launch of these talks possible. I look forward to beginning work with them tonight.
Going forward, it’s no secret that this is a difficult process. If it were easy, it would have happened a long time. It’s no secret, therefore, that many difficult choices lie ahead for the negotiators and for the leaders as we seek reasonable compromises on tough, complicated, emotional, and symbolic issues. I think reasonable compromises has to be a keystone of all of this effort. I know the negotiations are going to be tough, but I also know that the consequences of not trying could be worse.
To help the parties navigate the path to peace and to avoid its many pitfalls, we’ll be very fortunate to have on our team on a day-to-day basis, working with the parties wherever they are negotiating a seasoned American diplomat, Ambassador Martin Indyk, who has agreed to take on this critical task at this crucial time as the UN – U.S. – excuse me – U.S. Special Envoy for Israeli-Palestinian Negotiations. Assisting Martin will be – as his deputy and as a senior advisor to me – will be Frank Lowenstein, who has been working with me on this process from the beginning.
In his memoir about the peace process, Ambassador Indyk quotes a poem by Samuel Coleridge that begins, “If men could learn from history, what lessons it would teach us!” Ambassador Indyk brings to this challenge his deep appreciation for the history of the Israeli-Palestinian conflict. And from his service under President Clinton, Secretary Christopher, and Secretary Albright, he brings a deep appreciation for the art of U.S. diplomacy in the Middle East. That experience has earned Ambassador Indyk the respect of both sides, and they know that he has made the cause of peace his life mission. He knows what has worked and he knows what hasn’t worked, and he knows how important it is to get this right.
Ambassador Indyk is realistic. He understands that Israeli-Palestinian peace will not come easily and it will not happen overnight. But he also understands that there is now a path forward and we must follow that path with urgency. He understands that to ensure that lives are not needlessly lost, we have to ensure that opportunities are not needlessly lost. And he shares my belief that if the leaders on both sides continue to show strong leadership and a willingness to make those tough choices and a willingness to reasonably compromise, then peace is possible.
So Martin, I’m grateful that you’ve agreed to take a leave from your post at the Brookings Institution to serve once again in this most important role. And I know that you are eager to get to work, as am I. Martin.
AMBASSADOR INDYK: Thank you. Mr. Secretary, thank you very much for that generous introduction and for vesting in me such important responsibilities. I am deeply honored to serve you and to serve President Obama in your noble endeavor to achieve Israeli-Palestinian peace. The fact that later today Israeli and Palestinian negotiators will sit down in this building to resume final status negotiations after a three-year hiatus is testament to your extraordinary tireless efforts, backed by President Obama, to try to resolve this intractable conflict.
President Obama made the case so eloquently in his historic speech in Jerusalem in March of this year when he argued to an audience of young Israelis that, quote, “Peace is necessary, peace is just, and peace is possible.” And you, Mr. Secretary, have proven him right. You’ve shown that it can be done.
I couldn’t agree more with President Obama. It’s been my conviction for 40 years that peace is possible since I experienced the agony of the 1973 Yom Kippur War as a student in Jerusalem. In those dark days, I witnessed firsthand how one of your predecessors, Henry Kissinger, brokered a ceasefire that ended the war and paved the way for peace between Israel and Egypt.
Because of your confidence that it could be done, you took up the challenge when most people thought you were on a mission impossible. And backed by the President, you drove the effort with persistence, patience, and creativity. As a result, today, Prime Minister Netanyahu and President Mahmoud Abbas have made the tough decisions required to come back to the negotiating table.
I’m therefore deeply grateful to you and to President Obama for entrusting me with the mission of helping you take this breakthrough and turn it into a full-fledged Israeli-Palestinian peace agreement. It is a daunting and humbling challenge, but one that I cannot desist from. I look forward with great excitement to working with you, President Abbas, and Prime Minister Netanyahu, and their teams, to do our best to achieve President Obama’s vision of two states living side-by-side in peace and security. I also look forward to working with the team that you are assembling, starting with Frank Lowenstein, who, as you said, has made such an important contribution to getting us to this point and who will be my partner in this endeavor.
Fifteen years ago my son, Jacob, who was 13 at the time, designed a screensaver for my computer. It consisted of a simple question that flashed across the screen constantly: Dad, is there peace in the Middle East yet? I guess you could say, Mr. Secretary, that he was one of the original skeptics. (Laughter.) But behind that skepticism was also a yearning. And for 15 years, I’ve only been able to answer him, “Not yet.” Perhaps, Mr. Secretary, through your efforts and our support, we may yet be able to tell Jake, and more importantly, all those young Israelis and Palestinians who yearn for a different, better tomorrow, that this time, we actually made it.
Thank you.
SECRETARY KERRY: Thank you, all. We’ll see you later. Thank you.
FDIC ENCOURAGES LENDERS TO WORK WITH STUDENT BORROWERS
FROM: FEDERAL DEPOSIT INSURANCE CORPORATION
Agencies Encourage Lenders to Work with Student Loan Borrowers
WASHINGTON — The federal bank regulatory agencies today issued a statement encouraging financial institutions to work constructively with private student loan borrowers experiencing financial difficulties. Prudent workout arrangements are consistent with safe and sound lending practices and are generally in the long-term best interest of both the financial institution and the borrower.
Student loan borrowers who are unemployed or underemployed may face hardship in making payments on their private student loan debts after separation from school or during periods of economic difficulty. Current interagency guidance permits prudent workout and modification programs for retail loans, including student loans, and provides that extensions, deferrals, renewals, and rewrites may be used to help borrowers overcome temporary financial difficulties. Institutions that have private student loan workout programs should provide borrowers with information that clearly explains the programs, including eligibility criteria and the process for requesting a modification.
The statement is being issued by the Federal Deposit Insurance Corporation, the Federal Reserve Board, and the Office of the Comptroller of the Currency.
Agencies Encourage Lenders to Work with Student Loan Borrowers
WASHINGTON — The federal bank regulatory agencies today issued a statement encouraging financial institutions to work constructively with private student loan borrowers experiencing financial difficulties. Prudent workout arrangements are consistent with safe and sound lending practices and are generally in the long-term best interest of both the financial institution and the borrower.
Student loan borrowers who are unemployed or underemployed may face hardship in making payments on their private student loan debts after separation from school or during periods of economic difficulty. Current interagency guidance permits prudent workout and modification programs for retail loans, including student loans, and provides that extensions, deferrals, renewals, and rewrites may be used to help borrowers overcome temporary financial difficulties. Institutions that have private student loan workout programs should provide borrowers with information that clearly explains the programs, including eligibility criteria and the process for requesting a modification.
The statement is being issued by the Federal Deposit Insurance Corporation, the Federal Reserve Board, and the Office of the Comptroller of the Currency.
THREE UBS EXECUTIVES SENTENCED TO PRISON
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, July 24, 2013
Three Former UBS Executives Sentenced to Serve Time in Prison for Frauds Involving Contracts Related to the Investment of Municipal Bond Proceeds
Three former financial services executives were sentenced today in U.S. District Court for the Southern District of New York for their participation in frauds related to bidding for contracts for the investment of municipal bond proceeds and other municipal finance contracts, the Department of Justice announced.
Peter Ghavami, Gary Heinz and Michael Welty, all former UBS AG executives, were convicted on Aug. 31, 2012, after a five-week trial for their roles in the frauds. They were sentenced today by U.S. District Court Judge Kimba Wood. Ghavami was sentenced to serve 18 months in prison and to pay a $1 million criminal fine; Heinz was sentenced to serve 27 months in prison and to pay a $400,000 criminal fine; and Welty was sentenced to serve 16 months in prison and to pay a $300,000 criminal fine.
“For years, these executives corrupted the competitive bidding process and defrauded municipalities across the country for important public works projects,” said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program. “The division will continue to prosecute those who subvert and corrupt competitive markets for personal profit.”
According to evidence presented at trial, while employed at UBS, Ghavami, Heinz and Welty participated in multiple fraud conspiracies and schemes with various financial institutions and with a broker, at various time periods from as early as March 2001 until at least November 2006. These financial institutions, or providers, offered a type of contract – known as an investment agreement – to state, county and local governments and agencies, and not-for-profit entities, throughout the United States. The public entities were seeking to invest money from a variety of sources, primarily the proceeds of municipal bonds that they had issued to raise money for, among other things, public projects. Public entities typically hire a broker to assist them in investing their money and to conduct a competitive bidding process to determine the winning provider.
At trial, the Department of Justice showed that while acting as providers, Ghavami, Heinz and Welty conspired with other providers and with a broker to corrupt the bidding process for more than a dozen investment agreements in order to increase the number and profitability of the agreements awarded to UBS. At other times, while acting as brokers, Ghavami, Heinz, Welty and their co-conspirators arranged for UBS to receive kickbacks in exchange for manipulating the bidding process and steering investment agreements to certain providers. Ghavami, Heinz and Welty deprived the municipalities of competitive interest rates for the investment of tax-exempt bond proceeds that were to be used by municipalities to refinance outstanding debt and for various public works projects, such as for building or repairing schools, hospitals and roads. Evidence at trial established that they cost municipalities around the country and the U.S. Treasury millions of dolla rs.
During the trial, the government presented specific evidence relating to 26 corrupted bids, including 76 recorded conversations made by the co-conspirator financial institutions. Among the issuers and not-for-profit entities whose agreements or contracts were subject to the defendants’ schemes were the commonwealth of Massachusetts, the New Mexico Educational Assistance Foundation, the Tobacco Settlement Financing Corporation of Rhode Island, the Hospital Authority of Forsyth County, Ga., and the RWJ Health Care Corp. at Hamilton in New Jersey.
“The charges against these individuals outline a deceptive scheme to subvert competition in the marketplace. Those who engage in this type of criminal activity not only stand to defraud public entities, but erode the public’s trust in the competitive bidding process,” said George Venizelos, Acting Director in Charge of the FBI in New York. “The sentences announced today remind the public that the FBI will continue to work with the Antitrust Division to ensure the integrity of competitive bidding in public finance.”
“Those who manipulate the competitive bidding system to benefit themselves will be held accountable for their criminal activity,” said Richard Weber, Chief, Internal Revenue Service – Criminal Investigation (IRS-CI). “The defendants conspired with others to corrupt the bidding process for more than a dozen investment agreements in order to increase the profitability of the agreements awarded to UBS. Quite simply, they enriched themselves at the expense of the towns and cities that needed the money for important public works projects such as building and repairing schools, hospitals and roads. IRS-CI is committed to using our financial expertise to uncover this kind of corruption.”
Ghavami was found guilty on two counts of conspiracy to commit wire fraud and one count of substantive wire fraud. Heinz was found guilty on three counts of conspiracy to commit wire fraud and two counts of substantive wire fraud. Welty was found guilty on three counts of conspiracy to commit wire fraud.
A total of 20 individuals have been charged as a result of the department’s ongoing municipal bonds investigation, and 19 have been convicted or pleaded guilty. Another individual awaits trial. Additionally, one company, Rubin/Chambers, Dunhill Insurance Services Inc. has pleaded guilty.
The sentences announced today resulted from an ongoing investigation conducted by the Antitrust Division’s New York and Chicago Offices, the FBI and the IRS-CI. The division is coordinating its investigation with the U.S. Securities and Exchange Commission, the Office of the Comptroller of the Currency and the Federal Reserve Bank of New York.
Today’s charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants.
Wednesday, July 24, 2013
Three Former UBS Executives Sentenced to Serve Time in Prison for Frauds Involving Contracts Related to the Investment of Municipal Bond Proceeds
Three former financial services executives were sentenced today in U.S. District Court for the Southern District of New York for their participation in frauds related to bidding for contracts for the investment of municipal bond proceeds and other municipal finance contracts, the Department of Justice announced.
Peter Ghavami, Gary Heinz and Michael Welty, all former UBS AG executives, were convicted on Aug. 31, 2012, after a five-week trial for their roles in the frauds. They were sentenced today by U.S. District Court Judge Kimba Wood. Ghavami was sentenced to serve 18 months in prison and to pay a $1 million criminal fine; Heinz was sentenced to serve 27 months in prison and to pay a $400,000 criminal fine; and Welty was sentenced to serve 16 months in prison and to pay a $300,000 criminal fine.
“For years, these executives corrupted the competitive bidding process and defrauded municipalities across the country for important public works projects,” said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program. “The division will continue to prosecute those who subvert and corrupt competitive markets for personal profit.”
According to evidence presented at trial, while employed at UBS, Ghavami, Heinz and Welty participated in multiple fraud conspiracies and schemes with various financial institutions and with a broker, at various time periods from as early as March 2001 until at least November 2006. These financial institutions, or providers, offered a type of contract – known as an investment agreement – to state, county and local governments and agencies, and not-for-profit entities, throughout the United States. The public entities were seeking to invest money from a variety of sources, primarily the proceeds of municipal bonds that they had issued to raise money for, among other things, public projects. Public entities typically hire a broker to assist them in investing their money and to conduct a competitive bidding process to determine the winning provider.
At trial, the Department of Justice showed that while acting as providers, Ghavami, Heinz and Welty conspired with other providers and with a broker to corrupt the bidding process for more than a dozen investment agreements in order to increase the number and profitability of the agreements awarded to UBS. At other times, while acting as brokers, Ghavami, Heinz, Welty and their co-conspirators arranged for UBS to receive kickbacks in exchange for manipulating the bidding process and steering investment agreements to certain providers. Ghavami, Heinz and Welty deprived the municipalities of competitive interest rates for the investment of tax-exempt bond proceeds that were to be used by municipalities to refinance outstanding debt and for various public works projects, such as for building or repairing schools, hospitals and roads. Evidence at trial established that they cost municipalities around the country and the U.S. Treasury millions of dolla rs.
During the trial, the government presented specific evidence relating to 26 corrupted bids, including 76 recorded conversations made by the co-conspirator financial institutions. Among the issuers and not-for-profit entities whose agreements or contracts were subject to the defendants’ schemes were the commonwealth of Massachusetts, the New Mexico Educational Assistance Foundation, the Tobacco Settlement Financing Corporation of Rhode Island, the Hospital Authority of Forsyth County, Ga., and the RWJ Health Care Corp. at Hamilton in New Jersey.
“The charges against these individuals outline a deceptive scheme to subvert competition in the marketplace. Those who engage in this type of criminal activity not only stand to defraud public entities, but erode the public’s trust in the competitive bidding process,” said George Venizelos, Acting Director in Charge of the FBI in New York. “The sentences announced today remind the public that the FBI will continue to work with the Antitrust Division to ensure the integrity of competitive bidding in public finance.”
“Those who manipulate the competitive bidding system to benefit themselves will be held accountable for their criminal activity,” said Richard Weber, Chief, Internal Revenue Service – Criminal Investigation (IRS-CI). “The defendants conspired with others to corrupt the bidding process for more than a dozen investment agreements in order to increase the profitability of the agreements awarded to UBS. Quite simply, they enriched themselves at the expense of the towns and cities that needed the money for important public works projects such as building and repairing schools, hospitals and roads. IRS-CI is committed to using our financial expertise to uncover this kind of corruption.”
Ghavami was found guilty on two counts of conspiracy to commit wire fraud and one count of substantive wire fraud. Heinz was found guilty on three counts of conspiracy to commit wire fraud and two counts of substantive wire fraud. Welty was found guilty on three counts of conspiracy to commit wire fraud.
A total of 20 individuals have been charged as a result of the department’s ongoing municipal bonds investigation, and 19 have been convicted or pleaded guilty. Another individual awaits trial. Additionally, one company, Rubin/Chambers, Dunhill Insurance Services Inc. has pleaded guilty.
The sentences announced today resulted from an ongoing investigation conducted by the Antitrust Division’s New York and Chicago Offices, the FBI and the IRS-CI. The division is coordinating its investigation with the U.S. Securities and Exchange Commission, the Office of the Comptroller of the Currency and the Federal Reserve Bank of New York.
Today’s charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants.
DECLINE OF THE POLLINATORS
FROM: NATIONAL SCIENCE FOUNDATION
Bee Faithful? Plant-Pollinator Relationships Compromised When Bee Species Decline
Remove even one bumblebee species from an ecosystem and the effect is swift and clear: Pollination is less effective, and plants produce significantly fewer seeds.
This according to research published today in the journal Proceedings of the National Academy of Sciences that focuses on the interactions between bumblebees and larkspur wildflowers in Colorado's Rocky Mountains.
The findings show that reduced competition among pollinators disrupts floral fidelity, or specialization, among the remaining bees in the system, leading to less successful plant reproduction.
"We found that these wildflowers produce one-third fewer seeds in the absence of just one bumblebee species," says Emory University ecologist Berry Brosi, who led the study.
"That's alarming and suggests that global declines in pollinators could have a bigger effect on flowering plants and food crops than was previously realized."
The National Science Foundation (NSF) funded the research; the paper was co-authored by ecologist Heather Briggs of the University of California-Santa Cruz.
"This study shows that the loss of a single bee species can harm pollination and reproduction of all flowering plant species in an ecosystem," says Alan Tessier, program director in NSF's Division of Environmental Biology, which funded the research.
"What's equally impressive is the demonstration of the mechanisms--that the loss of a single species changes the foraging behavior of all the remaining bee species."
About 90 percent of plants need animals, mostly insects, to transfer pollen between them so they can fertilize and reproduce.
Bees are by far the most important pollinators worldwide and have co-evolved with the floral resources they need for nutrition.
During the past decade, however, scientists have reported dramatic declines in populations of some bee species.
Some studies have indicated that plants can tolerate losing most pollinator species in an ecosystem as long as other pollinators remain to take up the slack. Those studies, however, were based on theoretical computer modeling.
Brosi and Briggs were curious about whether this theoretical resilience would hold up in real-life scenarios.
The team conducted field experiments to learn how the removal of a single pollinator species would affect the plant-pollinator relationship.
"Most pollinators visit several plant species over their lifetimes, but often will display what we call floral fidelity over shorter time periods," Brosi says.
"They'll tend to focus on one plant while it's in bloom, then a few weeks later move on to the next species in bloom. You might think of them as serial monogamists."
Floral fidelity clearly benefits plants, because a pollinator visit will only lead to plant reproduction when the pollinator is carrying pollen from the same plant species.
"When bees are 'promiscuous,' visiting plants of more than one species during a single foraging session, they are much less effective as pollinators," Briggs says.
The researchers conducted their experiments at the Rocky Mountain Biological Laboratory near Crested Butte, Colo.
Located at 9,500 feet, the facility's subalpine meadows are too high for honeybees, but they are buzzing during the summer months with bumblebees.
The experiments focused on the interactions of the insects with larkspurs, dark purple wildflowers that are visited by 10 of the 11 bumblebee species there.
The researchers studied a series of 20-meter-square wildflower plots, evaluating each one in both a control state, left in its natural condition, and in a manipulated state, in which nets were used to remove the bumblebees of just one species.
The researchers then observed bumblebee behavior in both the control plots and the manipulated plots.
"We'd literally follow around the bumblebees as they foraged," Briggs says. "It's challenging because the bees can fly pretty fast."
Sometimes the researchers could only record between five and 10 movements, while in other cases they could follow the bees to 100 or more flowers.
"When we caught bees to remove target species from the system, or to swab their bodies for pollen, we released them unharmed," Brosi says.
No researchers were harmed either, he adds. "Stings were very uncommon during the experiments. Bumblebees are quite gentle on the whole."
Across the steps of the pollination process, from patterns of bumblebee visits to plants, to picking up pollen, to seed production, the researchers saw a cascading effect of removing one bee species.
While about 78 percent of the bumblebees in the control groups were faithful to a single species of flower, only 66 percent of the bumblebees in the manipulated groups showed such floral fidelity.
The reduced fidelity in manipulated plots meant that bees in those groups carried more types of pollen than those in the control groups.
The changes had direct implications for plant reproduction: Larkspurs produced about one-third fewer seeds when one of the bumblebee species was removed, compared to larkspurs in the control groups.
"The small change in the level of competition made the remaining bees more likely to 'cheat' on the larkspur," Briggs says.
While previous research has shown how competition drives specialization within a species, the bumblebee study is one of the first to link this mechanism to the broader functioning of an ecosystem.
"Our work shows why biodiversity may be key to the conservation of an entire ecosystem," Brosi says.
"It has the potential to open a whole new set of studies into the implications of interspecies interactions."
-NSF-
Bee Faithful? Plant-Pollinator Relationships Compromised When Bee Species Decline
Remove even one bumblebee species from an ecosystem and the effect is swift and clear: Pollination is less effective, and plants produce significantly fewer seeds.
This according to research published today in the journal Proceedings of the National Academy of Sciences that focuses on the interactions between bumblebees and larkspur wildflowers in Colorado's Rocky Mountains.
The findings show that reduced competition among pollinators disrupts floral fidelity, or specialization, among the remaining bees in the system, leading to less successful plant reproduction.
"We found that these wildflowers produce one-third fewer seeds in the absence of just one bumblebee species," says Emory University ecologist Berry Brosi, who led the study.
"That's alarming and suggests that global declines in pollinators could have a bigger effect on flowering plants and food crops than was previously realized."
The National Science Foundation (NSF) funded the research; the paper was co-authored by ecologist Heather Briggs of the University of California-Santa Cruz.
"This study shows that the loss of a single bee species can harm pollination and reproduction of all flowering plant species in an ecosystem," says Alan Tessier, program director in NSF's Division of Environmental Biology, which funded the research.
"What's equally impressive is the demonstration of the mechanisms--that the loss of a single species changes the foraging behavior of all the remaining bee species."
About 90 percent of plants need animals, mostly insects, to transfer pollen between them so they can fertilize and reproduce.
Bees are by far the most important pollinators worldwide and have co-evolved with the floral resources they need for nutrition.
During the past decade, however, scientists have reported dramatic declines in populations of some bee species.
Some studies have indicated that plants can tolerate losing most pollinator species in an ecosystem as long as other pollinators remain to take up the slack. Those studies, however, were based on theoretical computer modeling.
Brosi and Briggs were curious about whether this theoretical resilience would hold up in real-life scenarios.
The team conducted field experiments to learn how the removal of a single pollinator species would affect the plant-pollinator relationship.
"Most pollinators visit several plant species over their lifetimes, but often will display what we call floral fidelity over shorter time periods," Brosi says.
"They'll tend to focus on one plant while it's in bloom, then a few weeks later move on to the next species in bloom. You might think of them as serial monogamists."
Floral fidelity clearly benefits plants, because a pollinator visit will only lead to plant reproduction when the pollinator is carrying pollen from the same plant species.
"When bees are 'promiscuous,' visiting plants of more than one species during a single foraging session, they are much less effective as pollinators," Briggs says.
The researchers conducted their experiments at the Rocky Mountain Biological Laboratory near Crested Butte, Colo.
Located at 9,500 feet, the facility's subalpine meadows are too high for honeybees, but they are buzzing during the summer months with bumblebees.
The experiments focused on the interactions of the insects with larkspurs, dark purple wildflowers that are visited by 10 of the 11 bumblebee species there.
The researchers studied a series of 20-meter-square wildflower plots, evaluating each one in both a control state, left in its natural condition, and in a manipulated state, in which nets were used to remove the bumblebees of just one species.
The researchers then observed bumblebee behavior in both the control plots and the manipulated plots.
"We'd literally follow around the bumblebees as they foraged," Briggs says. "It's challenging because the bees can fly pretty fast."
Sometimes the researchers could only record between five and 10 movements, while in other cases they could follow the bees to 100 or more flowers.
"When we caught bees to remove target species from the system, or to swab their bodies for pollen, we released them unharmed," Brosi says.
No researchers were harmed either, he adds. "Stings were very uncommon during the experiments. Bumblebees are quite gentle on the whole."
Across the steps of the pollination process, from patterns of bumblebee visits to plants, to picking up pollen, to seed production, the researchers saw a cascading effect of removing one bee species.
While about 78 percent of the bumblebees in the control groups were faithful to a single species of flower, only 66 percent of the bumblebees in the manipulated groups showed such floral fidelity.
The reduced fidelity in manipulated plots meant that bees in those groups carried more types of pollen than those in the control groups.
The changes had direct implications for plant reproduction: Larkspurs produced about one-third fewer seeds when one of the bumblebee species was removed, compared to larkspurs in the control groups.
"The small change in the level of competition made the remaining bees more likely to 'cheat' on the larkspur," Briggs says.
While previous research has shown how competition drives specialization within a species, the bumblebee study is one of the first to link this mechanism to the broader functioning of an ecosystem.
"Our work shows why biodiversity may be key to the conservation of an entire ecosystem," Brosi says.
"It has the potential to open a whole new set of studies into the implications of interspecies interactions."
-NSF-
Sunday, July 28, 2013
CDC WARNS THAT HPV VACCINE IS UNDERUTILIZED IN GIRLS AGED 13-17
FROM: CENTERS FOR DISEASE CONTROL
HPV vaccine: Safe, effective, and grossly underutilized
In a press conference held today, top officials from CDC and the American Academy of Pediatrics announced that HPV vaccination rates in girls aged 13-17 years failed to increase between 2011 and 2012, according to data from the Centers for Disease Control and Prevention (CDC). Three-dose coverage actually declined slightly from 2011 to 2012.
The article in CDC's Morbidity and Mortality Weekly Report (MMWR) drew on data from the 2012 National Immunization Survey-Teen (NIS-Teen).
Among girls unvaccinated for HPV, 84 percent had a healthcare visit where they received another vaccine (such as one aimed at meningitis or pertussis) but not HPV vaccine. If HPV vaccine had been administered, vaccination coverage for ≥1 dose could be nearly 93 percent rather than 54 percent.
"Progress increasing HPV vaccination has stalled, risking the health of the next generation.," said CDC Director Tom Frieden M.D., M.P.H. "Doctors need to step up their efforts by talking to parents about the importance of HPV vaccine just as they do other vaccines and ensure its given at every opportunity."
According to CDC, for each year the 3-dose HPV vaccine series coverage remains near the current level of 33 perccent instead of achieving the Healthy People 2020 goal of 80 percent coverage, an additional 4,400 women will be diagnosed with cervical cancer and 1,400 cervical cancer-attributable deaths will occur in the future.
The 2012 NIS-Teen data show that not receiving a healthcare provider's recommendation for HPV vaccine was one of the five main reasons parents reported for not vaccinating daughters. Healthcare providers are urged to give a strong recommendation for HPV vaccination for boys and girls aged 11 or 12 years.
The other responses parents provided indicate gaps in understanding about the vaccine, including why vaccination is recommended at ages 11 or 12.
"Parents need reassurance that HPV vaccine is recommended at 11 or 12 because it should be given well in advance of any sexual activity," said Dr. Frieden. "We don't wait for exposure to occur before we vaccinate with any other routinely recommended vaccine."
Parents also reported safety concerns as a reason for not vaccinating. In the seven years of post-licensure vaccine safety monitoring and evaluation conducted independently by federal agencies and vaccine manufacturers, no serious safety concerns have been identified. According to today's MMWR article, reports of adverse events after HPV vaccination to the Vaccine
Adverse Event Reporting System (VAERS) have steadily decreased from 2008 to 2012 and the numbers of serious adverse events reported has also declined since 2009.
Approximately 79 million Americans are currently infected with HPV. About 14 million people become newly infected each year. HPV is so common that nearly all sexually-active men and women will get at least one type of HPV at some point in their lives.
Parents and caregivers are encouraged to ask about vaccination every time they take children for a healthcare visit. If a preteen boy or girl (aged 11 or 12 years) has not started the HPV vaccine series, make an appointment to get him or her vaccinated. Teens who haven't started or finished the 3-dose series should do so—it's not too late for them to receive HPV vaccine.
For many, it's easier than ever to get the HPV vaccine. Because of the Affordable Care Act, most private health insurance plans must cover the HPV vaccine at no out-of-pocket cost, meaning no co-pay or deductible. Visit https://www.healthcare.gov/what-are-my-preventive-care-benefits/#part=3External Web Site Icon for more information.
CDC officials urge healthcare providers to increase the consistency and strength of how they recommend HPV vaccine, especially when patients are 11 or 12 years old. Reviewing vaccination status at every healthcare encounter and taking advantage of every visit, including acute care visits, can increase HPV vaccine coverage in the United States.
HPV vaccine is an anti-cancer vaccine. Preteen and teens are relying on the adults in their lives to help protect them.
National and state vaccination coverage data for adolescent immunization will be released late August 2013 in the MMWR and will include HPV vaccine coverage for both girls and boys.
HPV vaccine: Safe, effective, and grossly underutilized
In a press conference held today, top officials from CDC and the American Academy of Pediatrics announced that HPV vaccination rates in girls aged 13-17 years failed to increase between 2011 and 2012, according to data from the Centers for Disease Control and Prevention (CDC). Three-dose coverage actually declined slightly from 2011 to 2012.
The article in CDC's Morbidity and Mortality Weekly Report (MMWR) drew on data from the 2012 National Immunization Survey-Teen (NIS-Teen).
Among girls unvaccinated for HPV, 84 percent had a healthcare visit where they received another vaccine (such as one aimed at meningitis or pertussis) but not HPV vaccine. If HPV vaccine had been administered, vaccination coverage for ≥1 dose could be nearly 93 percent rather than 54 percent.
"Progress increasing HPV vaccination has stalled, risking the health of the next generation.," said CDC Director Tom Frieden M.D., M.P.H. "Doctors need to step up their efforts by talking to parents about the importance of HPV vaccine just as they do other vaccines and ensure its given at every opportunity."
According to CDC, for each year the 3-dose HPV vaccine series coverage remains near the current level of 33 perccent instead of achieving the Healthy People 2020 goal of 80 percent coverage, an additional 4,400 women will be diagnosed with cervical cancer and 1,400 cervical cancer-attributable deaths will occur in the future.
The 2012 NIS-Teen data show that not receiving a healthcare provider's recommendation for HPV vaccine was one of the five main reasons parents reported for not vaccinating daughters. Healthcare providers are urged to give a strong recommendation for HPV vaccination for boys and girls aged 11 or 12 years.
The other responses parents provided indicate gaps in understanding about the vaccine, including why vaccination is recommended at ages 11 or 12.
"Parents need reassurance that HPV vaccine is recommended at 11 or 12 because it should be given well in advance of any sexual activity," said Dr. Frieden. "We don't wait for exposure to occur before we vaccinate with any other routinely recommended vaccine."
Parents also reported safety concerns as a reason for not vaccinating. In the seven years of post-licensure vaccine safety monitoring and evaluation conducted independently by federal agencies and vaccine manufacturers, no serious safety concerns have been identified. According to today's MMWR article, reports of adverse events after HPV vaccination to the Vaccine
Adverse Event Reporting System (VAERS) have steadily decreased from 2008 to 2012 and the numbers of serious adverse events reported has also declined since 2009.
Approximately 79 million Americans are currently infected with HPV. About 14 million people become newly infected each year. HPV is so common that nearly all sexually-active men and women will get at least one type of HPV at some point in their lives.
Parents and caregivers are encouraged to ask about vaccination every time they take children for a healthcare visit. If a preteen boy or girl (aged 11 or 12 years) has not started the HPV vaccine series, make an appointment to get him or her vaccinated. Teens who haven't started or finished the 3-dose series should do so—it's not too late for them to receive HPV vaccine.
For many, it's easier than ever to get the HPV vaccine. Because of the Affordable Care Act, most private health insurance plans must cover the HPV vaccine at no out-of-pocket cost, meaning no co-pay or deductible. Visit https://www.healthcare.gov/what-are-my-preventive-care-benefits/#part=3External Web Site Icon for more information.
CDC officials urge healthcare providers to increase the consistency and strength of how they recommend HPV vaccine, especially when patients are 11 or 12 years old. Reviewing vaccination status at every healthcare encounter and taking advantage of every visit, including acute care visits, can increase HPV vaccine coverage in the United States.
HPV vaccine is an anti-cancer vaccine. Preteen and teens are relying on the adults in their lives to help protect them.
National and state vaccination coverage data for adolescent immunization will be released late August 2013 in the MMWR and will include HPV vaccine coverage for both girls and boys.
LABOR DEPARTMENT SAYS 85% OF FULL-TIME PRIVATE INDUSTRY WORKERS COVERED BY EMPLOYER-PROVIDED MEDICAL CARE
FROM: U.S. DEPARTMENT OF LABOR
Employer-provided medical care was available to 85 percent of full-time private industry workers in the United States in March 2013, the U.S. Bureau of Labor Statistics reported today. By contrast, only 24 percent of part-time workers had medical care benefits available. Access, or availability, also varied by employment size: 57 percent for all workers in small establishments (those with fewer than 100 employees), compared with 85 percent in medium and large establishments (those with 100 employees or more).
Retirement benefits followed a similar pattern as medical care benefits. In private industry, 74 percent of full-time workers had access to a retirement plan, significantly higher than 37 percent of part-time workers. Retirement benefits were available to 49 percent of workers in small establishments and 82 percent of workers in medium and large establishments. A worker with access to a medical or retirement plan is defined as having an employer-provided plan available for use, regardless of the workers’ decision to enroll or participate in the plan. (See charts 1 and 2.)
Paid sick leave benefits were also more commonly offered to full-time workers and those in medium and large establishments in private industry. Plans were offered to 74 percent of full-time workers and 24 percent of part-time workers. Similarly, 51 percent of workers in small establishments and 72 percent in medium and large establishments had access to a paid sick leave benefit. (See charts 1 and 2 and table 6.)
These data are from the National Compensation Survey (NCS), which provides comprehensive measures of compensation cost trends and incidence and provisions of employee benefit plans.Additional findings include:
* In private industry, 64 percent of employees had access to retirement benefits, significantly less than the 89 percent of state and local government employees with access. Additionally, only 49 percent of private industry employees actually participated in a retirement plan (had current coverage), significantly less than the 85 percent participation rate of state and local government employees. (See table 1.)
* Full-time workers in state and local government had greater access to employer-provided benefits than private industry workers. For example, retirement and medical care benefits were offered to 99 percent of state and local government workers while only 74 percent of full-time employees in private industry had access to retirement benefits and 85 percent to medical care coverage. (See tables 1 and 2.)
* For private industry employees in the lowest 10 percent of average earnings, employers paid 71 percent of the single coverage medical plan premium. For employees in the highest 10 percent of average earnings, the employer share of the premium was 81 percent. For family coverage, the
employer share of the premium was 56 percent for employees in the lowest 10 percent of arnings, significantly less than the 73 percent for employees in the highest 10 percent of earnings. (See tables 3 and 4).
* Access and participation in life insurance benefits varied significantly for full-time and part-time workers. In private industry, 72 percent of full-time workers had access to life insurance benefits. For state and local government workers, 90 percent of full-time workers had access. In contrast, only 14 percent of part-time workers in private industry and 23 percent of state and local government workers had access. Most workers who had access participated in life insurance benefits. (See table 5.)
* Paid holidays were available to 97 percent of management, business, and financial employees in private industry. In contrast, only 53 percent of service employees in private industry were provided paid holidays. (See table 6.)
More information can be obtained by calling (202) 691-6199, sending e-mail to NCSinfo@bls.gov, or by visiting the BLS Internet site, http://www.bls.gov/ebs/home.htm.
NOTE
More information will be published in early fall, including March 2013 data for civilian, private industry, and state and local government workers on the incidence and provisions of health care benefits,
retirement benefits, life insurance, short-term and long-term disability benefits, paid holidays and vacations, and other selected benefits. For the latest benefit publications, see: http://www.bls.gov/ebs.
In addition, new editions of Beyond the Numbers: Pay and Benefits (http://www.bls.gov/opub/btn/) will be published featuring the latest benefits data. Beyond the Numbers: Pay and Benefits, brings together employee benefits information from various National Compensation Survey publications into one convenient and easy-to-read format.
Employer-provided medical care was available to 85 percent of full-time private industry workers in the United States in March 2013, the U.S. Bureau of Labor Statistics reported today. By contrast, only 24 percent of part-time workers had medical care benefits available. Access, or availability, also varied by employment size: 57 percent for all workers in small establishments (those with fewer than 100 employees), compared with 85 percent in medium and large establishments (those with 100 employees or more).
Retirement benefits followed a similar pattern as medical care benefits. In private industry, 74 percent of full-time workers had access to a retirement plan, significantly higher than 37 percent of part-time workers. Retirement benefits were available to 49 percent of workers in small establishments and 82 percent of workers in medium and large establishments. A worker with access to a medical or retirement plan is defined as having an employer-provided plan available for use, regardless of the workers’ decision to enroll or participate in the plan. (See charts 1 and 2.)
Paid sick leave benefits were also more commonly offered to full-time workers and those in medium and large establishments in private industry. Plans were offered to 74 percent of full-time workers and 24 percent of part-time workers. Similarly, 51 percent of workers in small establishments and 72 percent in medium and large establishments had access to a paid sick leave benefit. (See charts 1 and 2 and table 6.)
These data are from the National Compensation Survey (NCS), which provides comprehensive measures of compensation cost trends and incidence and provisions of employee benefit plans.Additional findings include:
* In private industry, 64 percent of employees had access to retirement benefits, significantly less than the 89 percent of state and local government employees with access. Additionally, only 49 percent of private industry employees actually participated in a retirement plan (had current coverage), significantly less than the 85 percent participation rate of state and local government employees. (See table 1.)
* Full-time workers in state and local government had greater access to employer-provided benefits than private industry workers. For example, retirement and medical care benefits were offered to 99 percent of state and local government workers while only 74 percent of full-time employees in private industry had access to retirement benefits and 85 percent to medical care coverage. (See tables 1 and 2.)
* For private industry employees in the lowest 10 percent of average earnings, employers paid 71 percent of the single coverage medical plan premium. For employees in the highest 10 percent of average earnings, the employer share of the premium was 81 percent. For family coverage, the
employer share of the premium was 56 percent for employees in the lowest 10 percent of arnings, significantly less than the 73 percent for employees in the highest 10 percent of earnings. (See tables 3 and 4).
* Access and participation in life insurance benefits varied significantly for full-time and part-time workers. In private industry, 72 percent of full-time workers had access to life insurance benefits. For state and local government workers, 90 percent of full-time workers had access. In contrast, only 14 percent of part-time workers in private industry and 23 percent of state and local government workers had access. Most workers who had access participated in life insurance benefits. (See table 5.)
* Paid holidays were available to 97 percent of management, business, and financial employees in private industry. In contrast, only 53 percent of service employees in private industry were provided paid holidays. (See table 6.)
More information can be obtained by calling (202) 691-6199, sending e-mail to NCSinfo@bls.gov, or by visiting the BLS Internet site, http://www.bls.gov/ebs/home.htm.
NOTE
More information will be published in early fall, including March 2013 data for civilian, private industry, and state and local government workers on the incidence and provisions of health care benefits,
retirement benefits, life insurance, short-term and long-term disability benefits, paid holidays and vacations, and other selected benefits. For the latest benefit publications, see: http://www.bls.gov/ebs.
In addition, new editions of Beyond the Numbers: Pay and Benefits (http://www.bls.gov/opub/btn/) will be published featuring the latest benefits data. Beyond the Numbers: Pay and Benefits, brings together employee benefits information from various National Compensation Survey publications into one convenient and easy-to-read format.
CHINA INTELLIGENT LIGHTING AND OTHERS ARE CHARGED WITH FRAUD BY SEC
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
SEC Files Fraud Charges Against China Intelligent Lighting and Electronics, Inc.; NIVS Intellimedia Technology Group, Inc.; and Their Sibling CEOs
The Securities and Exchange Commission today announced that the Commission filed fraud and other related charges against China Intelligent Lighting and Electronics, Inc. (CIL); NIVS IntelliMedia Technology Group, Inc. (NIV); and their respective CEOs, Xuemei Li and, her brother, Tianfu Li. CIL reports that it is a lighting company, and NIV reports that it is a consumer electronic company. Both are located in China.
The Commission alleges that CIL, NIV, and their CEOs engaged in fraudulent schemes to raise and divert offering proceeds, and then attempted to hide the diversions by lying to auditors and making false and materially misleading filings with the Commission. CIL and NIV are U.S. issuers that raised approximately $7.7 million and $21.5 million, respectively, in public registered offerings in the U.S. capital markets in 2010. Thereafter, Xuemei Li, and Tianfu Li diverted those offering proceeds from CIL and NIV contrary to the stated uses of proceeds set forth in the offering documents. Specifically, on June 24, 2010, $7.7 million in offering proceeds was deposited into CIL’s Hong Kong bank account. The next day, Xuemei Li transferred approximately $6.8 million, or almost 90%, to a company that has no disclosed relation to CIL, but continued to tell CIL’s auditor that the funds remained in the account. Similarly, on April 26, 2010, $21.5 million in offering proceeds was deposited in NIV’s Hong Kong bank account. Even though almost all of the money was transferred out of the Hong Kong bank account by May 5, 2010, NIV and Tianfu Li told the company’s auditor that the funds continued to be held in the account.
In addition to lying to auditors to mask the diversions, CIL, NIV, and their respective CEOs also falsified bank and accounting records to reflect inflated cash balances, and filed false and misleading quarterly reports on Forms 10-Q with the SEC that contained inflated cash balances. In addition, the defendants filed registration statements signed by the Lis that misled investors about how the offering proceeds would be used.
In its complaint, the Commission alleges that the Defendants violated the antifraud provisions of the securities laws, Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Exchange Act of 1934 (Exchange Act) and Rule 10b-5. The Commission further alleges that Xuemei Li and Tianfu Li lied to the auditors and aided and abetted the companies’ violations of the reporting, recordkeeping, and internal controls provisions of the securities laws, including Sections 13(a), 13(b)(2)(A), 13(b)(2) (B), and 13(b)(5) of the Exchange Act and Exchange Act Rules 12b-20, 13a-1, 13a-13, 13a-14, 13b2-1, and 13b2-2. The Commission seeks permanent injunctive relief to prevent future violations of the federal securities laws, disgorgement of ill-gotten gains with prejudgment interest, civil penalties, officer and director bars, and any other appropriate relief.
The Commission also announced today the entry of an order instituting administrative proceedings to determine whether the registration of each class of securities of CIL and NIV should be revoked for failure to make required periodic filings with the Commission.
SEC Files Fraud Charges Against China Intelligent Lighting and Electronics, Inc.; NIVS Intellimedia Technology Group, Inc.; and Their Sibling CEOs
The Securities and Exchange Commission today announced that the Commission filed fraud and other related charges against China Intelligent Lighting and Electronics, Inc. (CIL); NIVS IntelliMedia Technology Group, Inc. (NIV); and their respective CEOs, Xuemei Li and, her brother, Tianfu Li. CIL reports that it is a lighting company, and NIV reports that it is a consumer electronic company. Both are located in China.
The Commission alleges that CIL, NIV, and their CEOs engaged in fraudulent schemes to raise and divert offering proceeds, and then attempted to hide the diversions by lying to auditors and making false and materially misleading filings with the Commission. CIL and NIV are U.S. issuers that raised approximately $7.7 million and $21.5 million, respectively, in public registered offerings in the U.S. capital markets in 2010. Thereafter, Xuemei Li, and Tianfu Li diverted those offering proceeds from CIL and NIV contrary to the stated uses of proceeds set forth in the offering documents. Specifically, on June 24, 2010, $7.7 million in offering proceeds was deposited into CIL’s Hong Kong bank account. The next day, Xuemei Li transferred approximately $6.8 million, or almost 90%, to a company that has no disclosed relation to CIL, but continued to tell CIL’s auditor that the funds remained in the account. Similarly, on April 26, 2010, $21.5 million in offering proceeds was deposited in NIV’s Hong Kong bank account. Even though almost all of the money was transferred out of the Hong Kong bank account by May 5, 2010, NIV and Tianfu Li told the company’s auditor that the funds continued to be held in the account.
In addition to lying to auditors to mask the diversions, CIL, NIV, and their respective CEOs also falsified bank and accounting records to reflect inflated cash balances, and filed false and misleading quarterly reports on Forms 10-Q with the SEC that contained inflated cash balances. In addition, the defendants filed registration statements signed by the Lis that misled investors about how the offering proceeds would be used.
In its complaint, the Commission alleges that the Defendants violated the antifraud provisions of the securities laws, Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Exchange Act of 1934 (Exchange Act) and Rule 10b-5. The Commission further alleges that Xuemei Li and Tianfu Li lied to the auditors and aided and abetted the companies’ violations of the reporting, recordkeeping, and internal controls provisions of the securities laws, including Sections 13(a), 13(b)(2)(A), 13(b)(2) (B), and 13(b)(5) of the Exchange Act and Exchange Act Rules 12b-20, 13a-1, 13a-13, 13a-14, 13b2-1, and 13b2-2. The Commission seeks permanent injunctive relief to prevent future violations of the federal securities laws, disgorgement of ill-gotten gains with prejudgment interest, civil penalties, officer and director bars, and any other appropriate relief.
The Commission also announced today the entry of an order instituting administrative proceedings to determine whether the registration of each class of securities of CIL and NIV should be revoked for failure to make required periodic filings with the Commission.
Saturday, July 27, 2013
READOUT: SECRETARY OF DEFENSE HAGEL'S CALL WITH EGYPTIAN DEFENSE MINISTER AL-SISI
FROM: U.S. DEPARTMENT OF DEFENSE
Readout of Secretary Hagel's Call with Egyptian Defense Minister al-Sisi
Pentagon Press Secretary George Little issued the following readout:
"This afternoon Secretary Hagel spoke by phone with Egyptian Defense Minister al-Sisi to express deep concern about the security situation and recent violence in Egypt, and to encourage that restraint be exercised during this difficult period. The United States believes that the current transition needs to be marked by inclusivity, that Egyptian authorities should avoid politicized arrests and detentions, and take steps to prevent further bloodshed and loss of life. It is in the short and long term interests of the Egyptian people to renew their path toward democratic transition, and to emphasize tolerance across the political spectrum."
Readout of Secretary Hagel's Call with Egyptian Defense Minister al-Sisi
Pentagon Press Secretary George Little issued the following readout:
"This afternoon Secretary Hagel spoke by phone with Egyptian Defense Minister al-Sisi to express deep concern about the security situation and recent violence in Egypt, and to encourage that restraint be exercised during this difficult period. The United States believes that the current transition needs to be marked by inclusivity, that Egyptian authorities should avoid politicized arrests and detentions, and take steps to prevent further bloodshed and loss of life. It is in the short and long term interests of the Egyptian people to renew their path toward democratic transition, and to emphasize tolerance across the political spectrum."
THE U.S. NUCLEAR ENTERPRISE: CAPABILITY AND CREDIBILITY
FROM: U.S. DEPARTMENT OF DEFENSE
Kehler Lauds Capability, Credibility of Nuclear Enterprise
By Donna Miles
American Forces Press Service
WASHINGTON, July 24, 2013 - Sweeping improvements across the U.S. nuclear enterprise since a 2007 incident have increased the focus on the nuclear mission and raised the bar in terms of standards and performance, the commander of U.S. Strategic Command told reporters today.
"In general, I feel much more comfortable today with the level of attention," Air Force Gen. C. Robert Kehler said during a Defense Writers Group breakfast roundtable. "I am very confident in the capability and credibility of the forces. And I am very, very confident in our ability to continue our deterrence mission."
Kehler was deputy commander of Stratcom during the August 2007 "Bent Spear" incident in which nuclear-equipped missiles were mistakenly transported nearly 1,500 miles on the wing of a B-52 Stratofortress bomber.
Revelation of the incident -- defense officials emphasized at the time that the weapons were never unsecured and never at risk of detonating -- led to personnel dismissals, organizational changes and heightened performance requirements.
"A lot has changed in the last six to seven years," Kehler said. "A lot has changed organizationally, ... in terms of the intensity of the focus on the nuclear part of our mission, ... [and] in terms of the assessment and evaluation that we put on the units that are involved in all of this.
"And as we say, perfection is really the standard when we talk about nuclear weapons," he said.
Among the changes was the Air Force's standup of Global Strike Command, with a singular focus on the nuclear mission and the standards applied to those involved, he said. The Navy underwent its own top-to-bottom review of its nuclear operations and activities.
The increased focus on nuclear-related units and activities has paid off in better performance levels, Kehler reported.
The general recalled his own experience with these "hard looks" during his earlier years within the nuclear force. "These are not easy evaluations to pass," he said. "And they have gotten harder."
Stratcom's nuclear deterrence mission remains critical to the United States, Kehler noted, injected with a renewed focus and sense of urgency by the president's 2010 Nuclear Posture Review and the national defense strategy.
"We recognize the Cold War has been over for 20 years," he said, but he noted President Barack Obama's pledge to maintain a "credible deterrent force" for both the United States and its allies and partners.
That deterrent is based on the triad of ballistic missile submarines, intercontinental ballistic missiles, nuclear-capable heavy bombers and the associated aerial tankers, and the assured warning and command-and-control system that interconnects them.
Kehler called modernization of the nuclear enterprise "essential."
"We find ourselves in the position today where most of the platforms and virtually all of the weapons are well over 20 years old, and, in some cases, substantially over 20 years old," he said.
"Life extensions are due on the weapons, [and] modernization is due on the platforms ... and the nuclear command-and control system," said Kehler, noting that some of these efforts already have been deferred for almost 10 years.
Asked about morale within the nuclear force, Kehler said it's generally good. "It is not an easy job," he added, noting the intellectual intensity of the nuclear mission.
Kehler visited the Global Strike Command headquarters at Barksdale Air Force Base, La., earlier this month, to emphasize the importance of that mission to the men and women charged with carrying it out every day.
"The skills that we have for the nuclear-deterrence mission will be needed as far into the future as I can see," he said. "As long as we have nuclear weapons, it's our job to deter nuclear attack with a safe, secure and effective force. That's what we're here for."
Kehler Lauds Capability, Credibility of Nuclear Enterprise
By Donna Miles
American Forces Press Service
WASHINGTON, July 24, 2013 - Sweeping improvements across the U.S. nuclear enterprise since a 2007 incident have increased the focus on the nuclear mission and raised the bar in terms of standards and performance, the commander of U.S. Strategic Command told reporters today.
"In general, I feel much more comfortable today with the level of attention," Air Force Gen. C. Robert Kehler said during a Defense Writers Group breakfast roundtable. "I am very confident in the capability and credibility of the forces. And I am very, very confident in our ability to continue our deterrence mission."
Kehler was deputy commander of Stratcom during the August 2007 "Bent Spear" incident in which nuclear-equipped missiles were mistakenly transported nearly 1,500 miles on the wing of a B-52 Stratofortress bomber.
Revelation of the incident -- defense officials emphasized at the time that the weapons were never unsecured and never at risk of detonating -- led to personnel dismissals, organizational changes and heightened performance requirements.
"A lot has changed in the last six to seven years," Kehler said. "A lot has changed organizationally, ... in terms of the intensity of the focus on the nuclear part of our mission, ... [and] in terms of the assessment and evaluation that we put on the units that are involved in all of this.
"And as we say, perfection is really the standard when we talk about nuclear weapons," he said.
Among the changes was the Air Force's standup of Global Strike Command, with a singular focus on the nuclear mission and the standards applied to those involved, he said. The Navy underwent its own top-to-bottom review of its nuclear operations and activities.
The increased focus on nuclear-related units and activities has paid off in better performance levels, Kehler reported.
The general recalled his own experience with these "hard looks" during his earlier years within the nuclear force. "These are not easy evaluations to pass," he said. "And they have gotten harder."
Stratcom's nuclear deterrence mission remains critical to the United States, Kehler noted, injected with a renewed focus and sense of urgency by the president's 2010 Nuclear Posture Review and the national defense strategy.
"We recognize the Cold War has been over for 20 years," he said, but he noted President Barack Obama's pledge to maintain a "credible deterrent force" for both the United States and its allies and partners.
That deterrent is based on the triad of ballistic missile submarines, intercontinental ballistic missiles, nuclear-capable heavy bombers and the associated aerial tankers, and the assured warning and command-and-control system that interconnects them.
Kehler called modernization of the nuclear enterprise "essential."
"We find ourselves in the position today where most of the platforms and virtually all of the weapons are well over 20 years old, and, in some cases, substantially over 20 years old," he said.
"Life extensions are due on the weapons, [and] modernization is due on the platforms ... and the nuclear command-and control system," said Kehler, noting that some of these efforts already have been deferred for almost 10 years.
Asked about morale within the nuclear force, Kehler said it's generally good. "It is not an easy job," he added, noting the intellectual intensity of the nuclear mission.
Kehler visited the Global Strike Command headquarters at Barksdale Air Force Base, La., earlier this month, to emphasize the importance of that mission to the men and women charged with carrying it out every day.
"The skills that we have for the nuclear-deterrence mission will be needed as far into the future as I can see," he said. "As long as we have nuclear weapons, it's our job to deter nuclear attack with a safe, secure and effective force. That's what we're here for."
CFTC ORDERS BAN ON TRADING FOR ONE YEAR FOR COMPANY AND PRINCIPAL IN 'SPOOFING' CASE
FROM: COMMODITY FUTURES TRADING COMMISSION
CFTC Orders Panther Energy Trading LLC and its Principal Michael J. Coscia to Pay $2.8 Million and Bans Them from Trading for One Year, for Spoofing in Numerous Commodity Futures Contracts
First Case under Dodd-Frank’s Prohibition of the Disruptive Practice of Spoofing by Bidding or Offering with Intent to Cancel before Execution
Washington DC – The U.S. Commodity Futures Trading Commission (CFTC) issued an Order today filing and simultaneously settling charges against Panther Energy Trading LLC of Red Bank, New Jersey, and Michael J. Coscia of Rumson, New Jersey, for engaging in the disruptive practice of “spoofing” by utilizing a computer algorithm that was designed to illegally place and quickly cancel bids and offers in futures contracts. The Order finds that this unlawful activity took place across a broad spectrum of commodities from August 8, 2011 through October 18, 2011 on CME Group’s Globex trading platform. The CFTC Order requires Panther and Coscia to pay a $1.4 million civil monetary penalty, disgorge $1.4 million in trading profits, and bans Panther and Coscia from trading on any CFTC-registered entity for one year.
According to the Order, Coscia and Panther made money by employing a computer algorithm that was designed to unlawfully place and quickly cancel orders in exchange-traded futures contracts. For example, Coscia and Panther would place a relatively small order to sell futures that they did want to execute, which they quickly followed with several large buy orders at successively higher prices that they intended to cancel. By placing the large buy orders, Coscia and Panther sought to give the market the impression that there was significant buying interest, which suggested that prices would soon rise, raising the likelihood that other market participants would buy from the small order Coscia and Panther were then offering to sell. Although Coscia and Panther wanted to give the impression of buy-side interest, they entered the large buy orders with the intent that they be canceled before these orders were actually executed. Once the small sell order was filled according to the plan, the buy orders would be cancelled, and the sequence would quickly repeat but in reverse – a small buy order followed by several large sell orders. With this back and forth, Coscia and Panther profited on the executions of the small orders many times over the period in question.
David Meister, the CFTC’s Enforcement Director, said, “While forms of algorithmic trading are of course lawful, using a computer program that is written to spoof the market is illegal and will not be tolerated. We will use the Dodd Frank anti-disruptive practices provision against schemes like this one to protect market participants and promote market integrity, particularly in the growing world of electronic trading platforms.”
The Order finds that Panther and Coscia engaged in this unlawful activity in 18 futures contracts traded on four exchanges owned by CME Group. The activity involved a broad spectrum of commodities including energies, metals, interest rates, agricultures, stock indices, and foreign currencies. The futures contracts included the widely-traded Light Sweet Crude Oil contract as well as Natural Gas, Corn, Soybean, Soybean Oil, Soybean Meal, and Wheat contracts.
In a related matter, the United Kingdom’s Financial Conduct Authority issued a Final Notice regarding its enforcement action against Coscia relating to his market abuse activities on the ICE Futures Europe exchange, and has imposed a penalty of approximately $900,000 against him. Furthermore, the CME Group, by virtue of disciplinary actions taken by four of its exchanges, has imposed a fine of $800,000 and ordered disgorgement of approximately $1.3 million against Coscia and Panther and has issued a six-month trading ban on its exchanges against Coscia.
The CFTC’s $1.4 million disgorgement will be offset by amounts paid by Panther and Coscia to satisfy any disgorgement order in CME Group’s disciplinary action related to the spoofing charged by the CFTC. As CME Group has represented to the Commission, disgorgement paid in the CME Group’s action will be used first to offset the cost of customer protection programs, and thereafter, if the disgorged funds collected exceed the cost of those programs, the excess will be contributed to the CME Trust to be used to provide assistance to customers threatened with loss of their money or securities. The CME Trust is prohibited from utilizing any of its funds for the purpose of satisfying any legal obligation of the CME.
The CFTC thanks the Financial Conduct Authority in the United Kingdom and the CME Group for their cooperation.
Concurring Statement of Commissioner Bart Chilton in the Matter of Panther Energy Trading LLC and Michael J. Coscia
July 22, 2013
While I concur with the settlement in this matter, and agree wholeheartedly with the civil monetary penalty, disgorgement, findings of violations, undertakings, and cease and desist order imposed by the settlement, I am dissatisfied with the imposition of a one-year trading ban as to the respondents. I believe that the type of disruptive trading practice described in the Commission’s complaint is an egregious violation of the Commodity Exchange Act, and warrants the imposition of a much more significant trading ban to protect markets and consumers, and to act as a sufficient deterrent to other would-be wrongdoers.
Additionally, these types of violations of the law are becoming more common with the advent of high frequency traders (HFTs)—traders I’ve termed “cheetahs” due to their incredible speed. The cheetahs are to be commended for their innovative strategies, at the same time, when they violate the law, regulators need to be firm and resolute in our desire to deter such activities. Regulators already have a tough time keeping up with the cheetahs. Without sufficient deterrents, such as meaningful trading bans, many trading cats will simply find other ways to get back to their market hunting grounds. In years past, for example, a trader who was banned for a year from trading might as well consider it a lifetime ban. People on the trading floor would know, customers would know. People wouldn’t want to do business with the trader. In today’s cheetah trading world where identities can be cloaked behind technology, a year trading ban might simply be a nice sabbatical for a cheetah trader to work on some new algo programs to unleash after the trading ban has expired.
At the end of the day, regulators will have to work overtime to be able to keep up with the cheetahs and their superfast trading. But like the cheetahs are a breed all their own, so are regulators. And, we are a persistent bunch. That’s our advantage. We may have to work out the curve to get all the technology tools we need. But we will be tenacious and tireless in our efforts to tract down market predators that break the rules. And, we need those that violate, or may be thinking of violating the law to understand that regulators will always be harsh hard-hitters when the rules are broken.
CFTC Orders Panther Energy Trading LLC and its Principal Michael J. Coscia to Pay $2.8 Million and Bans Them from Trading for One Year, for Spoofing in Numerous Commodity Futures Contracts
First Case under Dodd-Frank’s Prohibition of the Disruptive Practice of Spoofing by Bidding or Offering with Intent to Cancel before Execution
Washington DC – The U.S. Commodity Futures Trading Commission (CFTC) issued an Order today filing and simultaneously settling charges against Panther Energy Trading LLC of Red Bank, New Jersey, and Michael J. Coscia of Rumson, New Jersey, for engaging in the disruptive practice of “spoofing” by utilizing a computer algorithm that was designed to illegally place and quickly cancel bids and offers in futures contracts. The Order finds that this unlawful activity took place across a broad spectrum of commodities from August 8, 2011 through October 18, 2011 on CME Group’s Globex trading platform. The CFTC Order requires Panther and Coscia to pay a $1.4 million civil monetary penalty, disgorge $1.4 million in trading profits, and bans Panther and Coscia from trading on any CFTC-registered entity for one year.
According to the Order, Coscia and Panther made money by employing a computer algorithm that was designed to unlawfully place and quickly cancel orders in exchange-traded futures contracts. For example, Coscia and Panther would place a relatively small order to sell futures that they did want to execute, which they quickly followed with several large buy orders at successively higher prices that they intended to cancel. By placing the large buy orders, Coscia and Panther sought to give the market the impression that there was significant buying interest, which suggested that prices would soon rise, raising the likelihood that other market participants would buy from the small order Coscia and Panther were then offering to sell. Although Coscia and Panther wanted to give the impression of buy-side interest, they entered the large buy orders with the intent that they be canceled before these orders were actually executed. Once the small sell order was filled according to the plan, the buy orders would be cancelled, and the sequence would quickly repeat but in reverse – a small buy order followed by several large sell orders. With this back and forth, Coscia and Panther profited on the executions of the small orders many times over the period in question.
David Meister, the CFTC’s Enforcement Director, said, “While forms of algorithmic trading are of course lawful, using a computer program that is written to spoof the market is illegal and will not be tolerated. We will use the Dodd Frank anti-disruptive practices provision against schemes like this one to protect market participants and promote market integrity, particularly in the growing world of electronic trading platforms.”
The Order finds that Panther and Coscia engaged in this unlawful activity in 18 futures contracts traded on four exchanges owned by CME Group. The activity involved a broad spectrum of commodities including energies, metals, interest rates, agricultures, stock indices, and foreign currencies. The futures contracts included the widely-traded Light Sweet Crude Oil contract as well as Natural Gas, Corn, Soybean, Soybean Oil, Soybean Meal, and Wheat contracts.
In a related matter, the United Kingdom’s Financial Conduct Authority issued a Final Notice regarding its enforcement action against Coscia relating to his market abuse activities on the ICE Futures Europe exchange, and has imposed a penalty of approximately $900,000 against him. Furthermore, the CME Group, by virtue of disciplinary actions taken by four of its exchanges, has imposed a fine of $800,000 and ordered disgorgement of approximately $1.3 million against Coscia and Panther and has issued a six-month trading ban on its exchanges against Coscia.
The CFTC’s $1.4 million disgorgement will be offset by amounts paid by Panther and Coscia to satisfy any disgorgement order in CME Group’s disciplinary action related to the spoofing charged by the CFTC. As CME Group has represented to the Commission, disgorgement paid in the CME Group’s action will be used first to offset the cost of customer protection programs, and thereafter, if the disgorged funds collected exceed the cost of those programs, the excess will be contributed to the CME Trust to be used to provide assistance to customers threatened with loss of their money or securities. The CME Trust is prohibited from utilizing any of its funds for the purpose of satisfying any legal obligation of the CME.
The CFTC thanks the Financial Conduct Authority in the United Kingdom and the CME Group for their cooperation.
Concurring Statement of Commissioner Bart Chilton in the Matter of Panther Energy Trading LLC and Michael J. Coscia
July 22, 2013
While I concur with the settlement in this matter, and agree wholeheartedly with the civil monetary penalty, disgorgement, findings of violations, undertakings, and cease and desist order imposed by the settlement, I am dissatisfied with the imposition of a one-year trading ban as to the respondents. I believe that the type of disruptive trading practice described in the Commission’s complaint is an egregious violation of the Commodity Exchange Act, and warrants the imposition of a much more significant trading ban to protect markets and consumers, and to act as a sufficient deterrent to other would-be wrongdoers.
Additionally, these types of violations of the law are becoming more common with the advent of high frequency traders (HFTs)—traders I’ve termed “cheetahs” due to their incredible speed. The cheetahs are to be commended for their innovative strategies, at the same time, when they violate the law, regulators need to be firm and resolute in our desire to deter such activities. Regulators already have a tough time keeping up with the cheetahs. Without sufficient deterrents, such as meaningful trading bans, many trading cats will simply find other ways to get back to their market hunting grounds. In years past, for example, a trader who was banned for a year from trading might as well consider it a lifetime ban. People on the trading floor would know, customers would know. People wouldn’t want to do business with the trader. In today’s cheetah trading world where identities can be cloaked behind technology, a year trading ban might simply be a nice sabbatical for a cheetah trader to work on some new algo programs to unleash after the trading ban has expired.
At the end of the day, regulators will have to work overtime to be able to keep up with the cheetahs and their superfast trading. But like the cheetahs are a breed all their own, so are regulators. And, we are a persistent bunch. That’s our advantage. We may have to work out the curve to get all the technology tools we need. But we will be tenacious and tireless in our efforts to tract down market predators that break the rules. And, we need those that violate, or may be thinking of violating the law to understand that regulators will always be harsh hard-hitters when the rules are broken.
ACCOUNTING FOR POW/MIA MILITARY PERSONNEL
FROM: U.S. DEPARTMENT OF DEFENSE
Mission Fulfills Sacred Pledge, POW/MIA Official Says
By Claudette Roulo
American Forces Press Service
WASHINGTON, July 23, 2013 - No matter what it takes, no matter how long it takes, the nation must continue to fulfill its sacred pledge to account for its missing warriors, the deputy assistant secretary of defense for prisoner of war and missing personnel affairs said today.
"We honor the sacrifices of our missing and the sacrifices of their families," W. Montague "Q" Winfield told attendees at the Veterans of Foreign Wars national convention in Louisville, Ky.
Winfield, also the director of the Defense POW/Missing Personnel Office, leads the national effort to achieve the fullest possible accounting of the more than 83,000 warriors lost while serving the United States. He also is responsible for limiting the loss and capture of Americans serving abroad in current operations.
In the last year, Winfield said, the Joint Prisoners of War, Missing in Action Accounting Command has accounted for 64 missing warriors -- seven from World War II, 40 from the Korean War and 17 from the Vietnam War.
Additionally, the White House recently approved the charter for a joint U.S.-Russia commission. "This is a wonderful, wonderful advancement," he said, "because it will allow us to increase our bilateral relationship with our Russian counterparts as we seek to get more access to their archives."
One of the most important aspects of his job is meeting with family members of missing service members, Winfield said. One of those family members recently showed him a letter written from Vietnam in late 1970 by Army Sgt. George C. Green Jr., a radio operator in the 5th Special Forces Group.
"In the last paragraph of what was to be his last letter home to his mom, he wrote, 'If I am killed, no one will ever recover my body, because I don't want anyone to risk their life for this worthless piece of clay,'" Winfield said.
In December 1970, Green's reconnaissance patrol in Laos was engaged by an enemy force, and he was killed during the firefight.
"Because of the intensity of that firefight, his team had to leave his remains behind," Winfield said. "Like thousands before him, Sergeant Green answered the call to duty. Like thousands before him, Sergeant Green was a humble soldier. Like thousands before him, Sergeant Green laid down his life for his brothers in arms. Like thousands before him, Sergeant Green paid the price for our freedom with his life.
"Sergeant Green may have felt that he was a worthless piece of clay, but to us, he was and is an American hero, deserving our nation's highest priority and enduring effort," Winfield continued. "He is not forgotten."
A widow once told him that people don't appreciate a funeral until there isn't one, Winfield said.
"The men and women of the accounting community are dedicated [and] committed to doing everything humanly possible to account for America's heroes -- those who are still missing. We believe in that mission," he said.
Mission Fulfills Sacred Pledge, POW/MIA Official Says
By Claudette Roulo
American Forces Press Service
WASHINGTON, July 23, 2013 - No matter what it takes, no matter how long it takes, the nation must continue to fulfill its sacred pledge to account for its missing warriors, the deputy assistant secretary of defense for prisoner of war and missing personnel affairs said today.
"We honor the sacrifices of our missing and the sacrifices of their families," W. Montague "Q" Winfield told attendees at the Veterans of Foreign Wars national convention in Louisville, Ky.
Winfield, also the director of the Defense POW/Missing Personnel Office, leads the national effort to achieve the fullest possible accounting of the more than 83,000 warriors lost while serving the United States. He also is responsible for limiting the loss and capture of Americans serving abroad in current operations.
In the last year, Winfield said, the Joint Prisoners of War, Missing in Action Accounting Command has accounted for 64 missing warriors -- seven from World War II, 40 from the Korean War and 17 from the Vietnam War.
Additionally, the White House recently approved the charter for a joint U.S.-Russia commission. "This is a wonderful, wonderful advancement," he said, "because it will allow us to increase our bilateral relationship with our Russian counterparts as we seek to get more access to their archives."
One of the most important aspects of his job is meeting with family members of missing service members, Winfield said. One of those family members recently showed him a letter written from Vietnam in late 1970 by Army Sgt. George C. Green Jr., a radio operator in the 5th Special Forces Group.
"In the last paragraph of what was to be his last letter home to his mom, he wrote, 'If I am killed, no one will ever recover my body, because I don't want anyone to risk their life for this worthless piece of clay,'" Winfield said.
In December 1970, Green's reconnaissance patrol in Laos was engaged by an enemy force, and he was killed during the firefight.
"Because of the intensity of that firefight, his team had to leave his remains behind," Winfield said. "Like thousands before him, Sergeant Green answered the call to duty. Like thousands before him, Sergeant Green was a humble soldier. Like thousands before him, Sergeant Green laid down his life for his brothers in arms. Like thousands before him, Sergeant Green paid the price for our freedom with his life.
"Sergeant Green may have felt that he was a worthless piece of clay, but to us, he was and is an American hero, deserving our nation's highest priority and enduring effort," Winfield continued. "He is not forgotten."
A widow once told him that people don't appreciate a funeral until there isn't one, Winfield said.
"The men and women of the accounting community are dedicated [and] committed to doing everything humanly possible to account for America's heroes -- those who are still missing. We believe in that mission," he said.
Friday, July 26, 2013
U.S. OFFICIAL AFFIRMS U.S.-UGANDA RELATIONSHIP
FROM: U.S. DEPARTMENT OF DEFENSE
By Cheryl Pellerin
American Forces Press Service
Carter Affirms Growing Partnership Between U.S., Uganda
KAMPALA, Uganda, July 24, 2013 - Deputy Defense Secretary Ash Carter visited Uganda yesterday, meeting with senior government and military leaders to affirm the growing security partnership between the United States and the East African nation, Pentagon Press Secretary George Little said in a statement.
The visit was part of a trip Carter is making this week to Israel, Uganda and Ethiopia to discuss issues of mutual importance with defense and government leaders in the three countries.
Carter is the highest-ranking DOD official ever to visit Uganda.
The visit gave him a chance to discuss a range of regional security challenges with Ugandan partners -- including the conflicts in Somalia, Sudan and South Sudan, and the Democratic Republic of Congo -- and ending the longstanding threat to civilians and to regional stability posed by Joseph Kony and the Lord's Resistance Army, known as the LRA.
In Somalia, for example, as of July 22, 6,220 Uganda People's Defense Force soldiers supported the African Union mission in Somalia, called AMISOM.
The United States also is committed to helping Somalia; since 2009, it has provided more than $1.5 billion in assistance to Somalia, including $545 million in fiscal year 2012, according to a State Department fact sheet. U.S. funding helps to provide training, equipment and logistical support for Uganda and other troop-contributing countries.
Senior defense officials traveling with Carter said the United States commends UPDF soldiers involved in AMISOM for their commitment and selfless support to the Somali people and to the fight against al-Shabaab, an al-Qaida-linked militant group and U.S.-designated foreign terrorist organization fighting to create a fundamentalist Islamic state in Somalia.
"Uganda is a key partner in terms of security and stability in the region," a senior defense official said. "Not only do they tend to security within their borders, but ... they're operating in the region trying to track down LRA, which is something that affects four different countries in the region. It's not just Uganda, it's the Democratic Republic of Congo, it's South Sudan, and it's the Central African Republic."
Uganda, as a member of the African Union Peace and Security Council, has a role in negotiations between South Sudan and Sudan and was a strong supporter of the Comprehensive Peace Agreement that led to South Sudan's independence on July 9, 2011.
Uganda and most of its neighbors have been victims and now are taking the fight to Joseph Kony and his followers. For more than two decades, according to a U.S. Africa Command fact sheet, the LRA murdered, raped and kidnapped tens of thousands of men, women and children. In 2011, the LRA committed more than 250 attacks. In 2012, the United Nations estimated that more than 465,000 people were displaced or living as refugees across the Central African Republic, the Democratic Republic of the Congo, and South Sudan as a result of LRA activity in 2011.
In May 2010, President Barack Obama signed into law the Lord's Resistance Disarmament and Northern Uganda Recovery Act, which reaffirmed U.S. commitment to support regional partners' efforts to end LRA atrocities in central Africa. In October 2011, Obama authorized the deployment to central Africa of 100 U.S. forces whose mission is to help regional forces end the threat posed by Kony.
The multiyear U.S. strategy seeks to help the governments of Uganda, the Central African Republic, the Democratic Republic of Congo, and South Sudan, and the African Union and the United Nations end the LRA threat to civilians and regional stability, defense officials said. Its four objectives are to increase civilian protection, apprehend or remove Kony and senior LRA commanders from the battlefield, promote defections of those who follow Kony and urge them back into the community and provide continued humanitarian relief to affected communities, they added.
At U.S. Embassy Kampala during the deputy defense secretary's visit, Information Officer Elise Crane said Carter's visit comes at a time when security cooperation between the United States and Uganda has been very strong.
"I'd say it's the cornerstone of our partnership with Uganda," Crane said. Another important part of the partnership has been the counter-LRA effort, a truly regional mission led by the Africans, she added.
"I think the deputy secretary's visit is a good reminder that the U.S. is still committed to this mission. His visit comes at a good time," the information officer added. "The reception he got from the Ugandan security forces was very warm. They're delighted to have him, and I think this visit will strengthen our partnership even more."
While here, Carter also spoke on the phone with President Yoweri Museveni, who was traveling outside Kampala, and met with Foreign Affairs Minister Henry Okello, Chief of Defense Forces Edward Katumba Wamala, Chieftaincy of Military Intelligence Brig. Gen. Charles Bakahumura, and Chief of Staff of Ugandan Land Forces Brig. Gen. Leopold Kyanda.
The deputy secretary also met with U.S. troops supporting the Ugandan military's effort to remove LRA leaders from the battlefield and a separate contingent of U.S. forces providing specialized counterterrorism training to Ugandan forces who will deploy as part of the African Union AMISOM mission in Somalia.
In the late afternoon, despite having wrapped up a full appointment schedule and with a plane waiting to take him on to the final leg of his trip in Ethiopia, Carter and his motorcade hurried down rutted red dirt roads, stirring clouds of dust into the air on the way to Kisenyi Peacekeeping Base.
The Ugandan troops gathered around when he got there, and he told them about the people he passed along the road -- adults and children going to work, going to school, riding bikes, tending animals.
"That's why we're here," he told them, "so those people can go on living their daily lives."
Economic and human development is what it's all about and what people really want, Carter said, "but that can't happen without you all. We recognize that you're planting the seeds for the future for all of us, and we're very grateful, so on behalf of me ... and the whole DOD team that's here, thank you."
By Cheryl Pellerin
American Forces Press Service
Carter Affirms Growing Partnership Between U.S., Uganda
KAMPALA, Uganda, July 24, 2013 - Deputy Defense Secretary Ash Carter visited Uganda yesterday, meeting with senior government and military leaders to affirm the growing security partnership between the United States and the East African nation, Pentagon Press Secretary George Little said in a statement.
The visit was part of a trip Carter is making this week to Israel, Uganda and Ethiopia to discuss issues of mutual importance with defense and government leaders in the three countries.
Carter is the highest-ranking DOD official ever to visit Uganda.
The visit gave him a chance to discuss a range of regional security challenges with Ugandan partners -- including the conflicts in Somalia, Sudan and South Sudan, and the Democratic Republic of Congo -- and ending the longstanding threat to civilians and to regional stability posed by Joseph Kony and the Lord's Resistance Army, known as the LRA.
In Somalia, for example, as of July 22, 6,220 Uganda People's Defense Force soldiers supported the African Union mission in Somalia, called AMISOM.
The United States also is committed to helping Somalia; since 2009, it has provided more than $1.5 billion in assistance to Somalia, including $545 million in fiscal year 2012, according to a State Department fact sheet. U.S. funding helps to provide training, equipment and logistical support for Uganda and other troop-contributing countries.
Senior defense officials traveling with Carter said the United States commends UPDF soldiers involved in AMISOM for their commitment and selfless support to the Somali people and to the fight against al-Shabaab, an al-Qaida-linked militant group and U.S.-designated foreign terrorist organization fighting to create a fundamentalist Islamic state in Somalia.
"Uganda is a key partner in terms of security and stability in the region," a senior defense official said. "Not only do they tend to security within their borders, but ... they're operating in the region trying to track down LRA, which is something that affects four different countries in the region. It's not just Uganda, it's the Democratic Republic of Congo, it's South Sudan, and it's the Central African Republic."
Uganda, as a member of the African Union Peace and Security Council, has a role in negotiations between South Sudan and Sudan and was a strong supporter of the Comprehensive Peace Agreement that led to South Sudan's independence on July 9, 2011.
Uganda and most of its neighbors have been victims and now are taking the fight to Joseph Kony and his followers. For more than two decades, according to a U.S. Africa Command fact sheet, the LRA murdered, raped and kidnapped tens of thousands of men, women and children. In 2011, the LRA committed more than 250 attacks. In 2012, the United Nations estimated that more than 465,000 people were displaced or living as refugees across the Central African Republic, the Democratic Republic of the Congo, and South Sudan as a result of LRA activity in 2011.
In May 2010, President Barack Obama signed into law the Lord's Resistance Disarmament and Northern Uganda Recovery Act, which reaffirmed U.S. commitment to support regional partners' efforts to end LRA atrocities in central Africa. In October 2011, Obama authorized the deployment to central Africa of 100 U.S. forces whose mission is to help regional forces end the threat posed by Kony.
The multiyear U.S. strategy seeks to help the governments of Uganda, the Central African Republic, the Democratic Republic of Congo, and South Sudan, and the African Union and the United Nations end the LRA threat to civilians and regional stability, defense officials said. Its four objectives are to increase civilian protection, apprehend or remove Kony and senior LRA commanders from the battlefield, promote defections of those who follow Kony and urge them back into the community and provide continued humanitarian relief to affected communities, they added.
At U.S. Embassy Kampala during the deputy defense secretary's visit, Information Officer Elise Crane said Carter's visit comes at a time when security cooperation between the United States and Uganda has been very strong.
"I'd say it's the cornerstone of our partnership with Uganda," Crane said. Another important part of the partnership has been the counter-LRA effort, a truly regional mission led by the Africans, she added.
"I think the deputy secretary's visit is a good reminder that the U.S. is still committed to this mission. His visit comes at a good time," the information officer added. "The reception he got from the Ugandan security forces was very warm. They're delighted to have him, and I think this visit will strengthen our partnership even more."
While here, Carter also spoke on the phone with President Yoweri Museveni, who was traveling outside Kampala, and met with Foreign Affairs Minister Henry Okello, Chief of Defense Forces Edward Katumba Wamala, Chieftaincy of Military Intelligence Brig. Gen. Charles Bakahumura, and Chief of Staff of Ugandan Land Forces Brig. Gen. Leopold Kyanda.
The deputy secretary also met with U.S. troops supporting the Ugandan military's effort to remove LRA leaders from the battlefield and a separate contingent of U.S. forces providing specialized counterterrorism training to Ugandan forces who will deploy as part of the African Union AMISOM mission in Somalia.
In the late afternoon, despite having wrapped up a full appointment schedule and with a plane waiting to take him on to the final leg of his trip in Ethiopia, Carter and his motorcade hurried down rutted red dirt roads, stirring clouds of dust into the air on the way to Kisenyi Peacekeeping Base.
The Ugandan troops gathered around when he got there, and he told them about the people he passed along the road -- adults and children going to work, going to school, riding bikes, tending animals.
"That's why we're here," he told them, "so those people can go on living their daily lives."
Economic and human development is what it's all about and what people really want, Carter said, "but that can't happen without you all. We recognize that you're planting the seeds for the future for all of us, and we're very grateful, so on behalf of me ... and the whole DOD team that's here, thank you."
KOREAN WAR ARMISTICE ANNIVERSARY MARKED
FROM: U.S. DEPARTMENT OF DEFENSE
Anniversary Marks Milestone in U.S.-South Korea Alliance
By Walter T. Ham IV
8th U.S. Army
SEOUL, South Korea, July 24, 2013 - American and South Korean officials and veterans will commemorate the 60th anniversary of the Korean War armistice agreement in the United States and South Korea this week.
Signed on July 27, 1953, the ceasefire agreement brought the brutal three-year conflict to an end.
The negotiations took place during 158 meetings over two years and 17 days while fighting continued to rage across the Korean Peninsula. Ron Miller, 8th U.S. Army historian, said language differences complicated negotiations as discussions were translated into English, Korean and Chinese.
The armistice agreement created the Demilitarized Zone -- 155 miles long by 2.5 miles wide -- that serves as a buffer zone and de facto border between totalitarian North Korea and democratic South Korea.
The armistice agreement also established the truce village of Panmunjom, where negotiations are still held between the two Koreas.
The Korean War armistice has never been followed by a peace treaty, and the two Koreas technically are still at war. Miller said North Korea has violated the armistice thousands of times. More than 450 South Korean and 100 American troops have been killed in the line of duty during North Korean provocations since 1953.
As a part of the South Korea-United States alliance, 28,500 American troops serve in South Korea to provide security on the Korean Peninsula and stability in Northeast Asia. Arriving in 1950, 8th Army commanded all United Nations Command ground forces as the only U.S. field army in the Korean War. Eighth Army has served in Korea since the armistice was signed.
Miller credits the armistice with South Korea's success today.
"The Korean War armistice agreement has successfully suspended full-scale hostilities on the peninsula for 60 years," said Miller, a native of Odessa, Texas. "As a result, the Republic of Korea has developed into a full-fledged, modern democracy. It is a prosperous, productive and responsible member of the global community."
Navy Lt. Cmdr. Daniel McShane, the joint duty officer for the United Nations Command Military Armistice Commission, said UNCMAC continues to fulfill its mission of armistice implementation.
As one of the few U.S. military officers who maintain contact with the North Korean military, McShane works out of an office just 27 feet south of the border.
"This anniversary is very important," said McShane, a naval aviator from Charlotte, N.C. "The commemorations of the armistice anniversary can be seen as a clear signal that the sending nations of the United Nations Command are still dedicated to upholding the agreements that we made 60 years ago to preclude hostilities and maintain peace on the Korean Peninsula."
Lt. Col. Lee Seok-jae, who commands the Yongsan Garrison-based Republic of Korea Army Support Group and the 3,400 Korean Augmentation to the U.S. Army troops who support 8th Army, expressed his gratitude for the U.S. military's contribution to security in Korea.
"A true friend can be defined when you face a difficult situation and the friend does not just ignore the situation, but comes in assistance and even takes the risk of sacrificing oneself for you," Lee wrote in a message to 8th Army leaders. "This is how the Korean people during the Korean War in 1950 came to recognize who their friends were."
"In the midst of being under attack by the North to the point where the country was on the verge of crumbling down, forces of 350,000 men from 16 nations led by the United States joined in the war in aid of the Republic of Korea," Lee added. "Especially, more than 300,000 United States soldiers participated in the war."
Lee said the U.S. military continues to serve with South Korean forces on the Korean Peninsula almost 60 years after the armistice was signed.
"The U.S. military continues to have its presence in the Republic of Korea to deter the aggression of North Korea and guard the liberty and democracy we enjoy in the Republic of Korea," Lee wrote.
Anniversary Marks Milestone in U.S.-South Korea Alliance
By Walter T. Ham IV
8th U.S. Army
SEOUL, South Korea, July 24, 2013 - American and South Korean officials and veterans will commemorate the 60th anniversary of the Korean War armistice agreement in the United States and South Korea this week.
Signed on July 27, 1953, the ceasefire agreement brought the brutal three-year conflict to an end.
The negotiations took place during 158 meetings over two years and 17 days while fighting continued to rage across the Korean Peninsula. Ron Miller, 8th U.S. Army historian, said language differences complicated negotiations as discussions were translated into English, Korean and Chinese.
The armistice agreement created the Demilitarized Zone -- 155 miles long by 2.5 miles wide -- that serves as a buffer zone and de facto border between totalitarian North Korea and democratic South Korea.
The armistice agreement also established the truce village of Panmunjom, where negotiations are still held between the two Koreas.
The Korean War armistice has never been followed by a peace treaty, and the two Koreas technically are still at war. Miller said North Korea has violated the armistice thousands of times. More than 450 South Korean and 100 American troops have been killed in the line of duty during North Korean provocations since 1953.
As a part of the South Korea-United States alliance, 28,500 American troops serve in South Korea to provide security on the Korean Peninsula and stability in Northeast Asia. Arriving in 1950, 8th Army commanded all United Nations Command ground forces as the only U.S. field army in the Korean War. Eighth Army has served in Korea since the armistice was signed.
Miller credits the armistice with South Korea's success today.
"The Korean War armistice agreement has successfully suspended full-scale hostilities on the peninsula for 60 years," said Miller, a native of Odessa, Texas. "As a result, the Republic of Korea has developed into a full-fledged, modern democracy. It is a prosperous, productive and responsible member of the global community."
Navy Lt. Cmdr. Daniel McShane, the joint duty officer for the United Nations Command Military Armistice Commission, said UNCMAC continues to fulfill its mission of armistice implementation.
As one of the few U.S. military officers who maintain contact with the North Korean military, McShane works out of an office just 27 feet south of the border.
"This anniversary is very important," said McShane, a naval aviator from Charlotte, N.C. "The commemorations of the armistice anniversary can be seen as a clear signal that the sending nations of the United Nations Command are still dedicated to upholding the agreements that we made 60 years ago to preclude hostilities and maintain peace on the Korean Peninsula."
Lt. Col. Lee Seok-jae, who commands the Yongsan Garrison-based Republic of Korea Army Support Group and the 3,400 Korean Augmentation to the U.S. Army troops who support 8th Army, expressed his gratitude for the U.S. military's contribution to security in Korea.
"A true friend can be defined when you face a difficult situation and the friend does not just ignore the situation, but comes in assistance and even takes the risk of sacrificing oneself for you," Lee wrote in a message to 8th Army leaders. "This is how the Korean people during the Korean War in 1950 came to recognize who their friends were."
"In the midst of being under attack by the North to the point where the country was on the verge of crumbling down, forces of 350,000 men from 16 nations led by the United States joined in the war in aid of the Republic of Korea," Lee added. "Especially, more than 300,000 United States soldiers participated in the war."
Lee said the U.S. military continues to serve with South Korean forces on the Korean Peninsula almost 60 years after the armistice was signed.
"The U.S. military continues to have its presence in the Republic of Korea to deter the aggression of North Korea and guard the liberty and democracy we enjoy in the Republic of Korea," Lee wrote.
U.S. CRACKS DOWN ON ILLEGAL TRADE IN SEA TURTLES IN PUERTO RICO
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, July 19, 2013
Eight Arrested in Puerto Rico on Charges of Illegal Trade in Endangered Sea Turtles for Human Consumption
Federal Agencies Announce Formation of Puerto Rico Environmental Crimes Task Force
Federal authorities arrested eight people in the cities of Arroyo and Patillas, Puerto Rico, yesterday on felony and misdemeanor charges for the illegal take, possession and sale of endangered sea turtles and their parts for human consumption as well as aiding and abetting violations of the Endangered Species and Lacey Act, announced Robert G. Dreher, the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico.
Roberto Guzman Herpin, 34, Madelyne Montes Santiago, 37, Edwin Alamo Silva, 50, Juan Soto Rodriguez, 45, Ricardo Dejesus Alamo, 33, Jose Javier Rodriguez Sanchez, 40, Iris Lebron Montanez, 53, and Miguel Rivera Delgado, 55, all residents of Patillas and Arroyo, were arrested Thursday and made their appearances in federal court.
The takedown was led by special agents of the U.S. Fish and Wildlife Service (FWS), with assistance from the recently formed Puerto Rico Environmental Crimes Task Force, the U.S. Marshals Service, the Puerto Rico Police Department and the Puerto Rico Department of Natural Resources. Participating agencies of the task force currently include prosecutors from the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the District of Puerto Rico, FWS, the U.S. Environmental Protection Agency Criminal Investigation Division (EPA-CID), U.S. Immigration and Customs Enforcement- Homeland Security Investigations (ICE-HSI), the National Oceanic and Atmospheric Administration (NOAA) and the FBI.
In 2011, the FWS initiated an undercover operation to investigate the illegal trade in sea turtles for human consumption. During this investigation, it was determined that these illegal sales of sea turtle meat, confirmed through DNA analysis conducted by the FWS Forensic Lab, have resulted in the illegal take of 15 individual endangered hawksbill sea turtles (Eretmochelys imbricate) and 7 endangered green sea turtles (Chelonia mydas).
“Hawksbill and green sea turtles are protected by Puerto Rican law, nationally under the Endangered Species Act as well as internationally under CITES (Convention on International Trade in Endangered Species of Wild Flora and Fauna),” said U.S. Fish & Wildlife Service, Resident Agent in Charge David Pharo. “The protection from the illegal take and sale of this and of other marine life organisms is a priority of the U.S. Fish and Wildlife Service and is instrumental to the health of marine ecosystems for where they exist. These charges stem from a collaborative effort amongst law enforcement agencies to achieve a common goal of protecting our nation’s sensitive marine environments. It demonstrates our commitment to pursue those who violate fish & wildlife laws for the purpose of personal and or commercial gain as well as those that drive the illegal trade of marine life nationally and internationally.”
The cases are being prosecuted by Assistant U.S. Attorney Carmen Márquez. If convicted, the defendants face a maximum sentence of five years in prison and a $250,000 fine. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
The waters around Puerto Rico are designated as a critical habitat for the hawksbill and the green sea turtle. The most significant nesting for the hawksbill within the U.S. occurs in Puerto Rico and the U.S. Virgin Islands. Each year, about 500-1000 hawksbill nests are laid on Mona Island, Puerto Rico. The green sea turtle population has declined by 48-65 percent over the past century. Puerto Rico is also home to nesting sites for the endangered leatherback sea turtle, the largest species of turtle in the world. The leatherback sea turtle suffered a severe population crash due to human harvesting of its meat and eggs, and the destruction of its nesting habitat by beachfront development.
The Puerto Rico Environmental Crimes Task Force
Also today, representatives of federal criminal investigative agencies, the U.S. Attorney’s Office and the Department of Justice Environment and Natural Resources Division announced the creation of a Puerto Rico Environmental Crimes Task Force to investigate and prosecute environmental crimes on the island.
The commonwealth of Puerto Rico contains six national wildlife refuges (Cabo Rojo, Culebra, Desecheo, Laguna Cartagena, Navassa Island, Vieques) and is home to 25 endangered and threatened animal species, 21 of which are found nowhere else on earth. For instance, there are only 200 Puerto Rican parrots (Amazona vittata) remaining, with less than 50 left in the wild, making it one of the 10 rarest birds on Earth. The island is also home to 49 endangered and threatened plant species. There are 37 Resource Conservation and Recovery Act (RCRA) and Superfund cleanup sites on Puerto Rico.
Through the new task force, federal investigative agencies will coordinate their efforts to investigate and prosecute those responsible for committing serious environmental crimes. Federal laws have been enacted to protect the environment, but their enforcement requires the coordinated efforts and involvement of multiple federal law enforcement agencies with the assistance local law enforcement and the citizenry. The task force has three specific goals:
• Improve investigative coordination among the federal authorities who are responsible for protecting public health and the environment.
• Coordinate the available federal resources and improve the dissemination of information between the federal law enforcement agencies to better protect human health and the environment.
• Improve environmental awareness of the community to recognize violations of federal environmental laws and regulations.
“Through the effective and efficient coordination of federal agencies who will jointly investigate and prosecute environmental crimes on the island, the task force will help preserve the island’s abundant natural resources and wildlife, including endangered sea turtles,” said Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “It is our hope and vision that these efforts will raise greater awareness about environmental crime, bring those who knowingly harm the environment to justice, and help preserve the island’s environment for generations to come.”
“With the creation of this Task Force we aim to protect the environment and the public’s health from exposure to environmental hazards, said Rosa Emilia Rodríguez-Vélez United States Attorney for the District of Puerto Rico. “We will vigorously investigate and prosecute those who do not comply with the environmental laws of the United States.”
“Puerto Rico’s high asthma rates and its incredible natural resources make pollution prevention together with the rigorous enforcement of environmental laws critical to the people of Puerto Rico,” said EPA Regional Administrator Judith A. Enck. “By pooling EPA resources and those of other agencies, the EPA’s Criminal Investigation Division and EPA’s Caribbean Environmental Protection Division can maximize the ability to ensure that those who willfully violate environmental laws are held accountable.”
“The task force will strengthen already existing enforcement partnerships that help protect Puerto Rico’s wildlife and rich wildlife heritage,” said Special Agent in Charge Luis Santiago, who oversees U.S. Fish and Wildlife Service Office of Law Enforcement operations in southeastern states, Puerto Rico and the U.S. Virgin Islands.
“This enforcement task force will be a great help for us in our mission to conserve, protect, and manage living marine resources in the commonwealth,” said Otha Easley, Acting Special Agent in Charge of NOAA’s Office of Law Enforcement Southeast Division, which covers eight southern states and all U.S. Caribbean territories. “Puerto Rico has a rich and diverse ecosystem, and this partnership is a significant step forward in its protection.”
Friday, July 19, 2013
Eight Arrested in Puerto Rico on Charges of Illegal Trade in Endangered Sea Turtles for Human Consumption
Federal Agencies Announce Formation of Puerto Rico Environmental Crimes Task Force
Federal authorities arrested eight people in the cities of Arroyo and Patillas, Puerto Rico, yesterday on felony and misdemeanor charges for the illegal take, possession and sale of endangered sea turtles and their parts for human consumption as well as aiding and abetting violations of the Endangered Species and Lacey Act, announced Robert G. Dreher, the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico.
Roberto Guzman Herpin, 34, Madelyne Montes Santiago, 37, Edwin Alamo Silva, 50, Juan Soto Rodriguez, 45, Ricardo Dejesus Alamo, 33, Jose Javier Rodriguez Sanchez, 40, Iris Lebron Montanez, 53, and Miguel Rivera Delgado, 55, all residents of Patillas and Arroyo, were arrested Thursday and made their appearances in federal court.
The takedown was led by special agents of the U.S. Fish and Wildlife Service (FWS), with assistance from the recently formed Puerto Rico Environmental Crimes Task Force, the U.S. Marshals Service, the Puerto Rico Police Department and the Puerto Rico Department of Natural Resources. Participating agencies of the task force currently include prosecutors from the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the District of Puerto Rico, FWS, the U.S. Environmental Protection Agency Criminal Investigation Division (EPA-CID), U.S. Immigration and Customs Enforcement- Homeland Security Investigations (ICE-HSI), the National Oceanic and Atmospheric Administration (NOAA) and the FBI.
In 2011, the FWS initiated an undercover operation to investigate the illegal trade in sea turtles for human consumption. During this investigation, it was determined that these illegal sales of sea turtle meat, confirmed through DNA analysis conducted by the FWS Forensic Lab, have resulted in the illegal take of 15 individual endangered hawksbill sea turtles (Eretmochelys imbricate) and 7 endangered green sea turtles (Chelonia mydas).
“Hawksbill and green sea turtles are protected by Puerto Rican law, nationally under the Endangered Species Act as well as internationally under CITES (Convention on International Trade in Endangered Species of Wild Flora and Fauna),” said U.S. Fish & Wildlife Service, Resident Agent in Charge David Pharo. “The protection from the illegal take and sale of this and of other marine life organisms is a priority of the U.S. Fish and Wildlife Service and is instrumental to the health of marine ecosystems for where they exist. These charges stem from a collaborative effort amongst law enforcement agencies to achieve a common goal of protecting our nation’s sensitive marine environments. It demonstrates our commitment to pursue those who violate fish & wildlife laws for the purpose of personal and or commercial gain as well as those that drive the illegal trade of marine life nationally and internationally.”
The cases are being prosecuted by Assistant U.S. Attorney Carmen Márquez. If convicted, the defendants face a maximum sentence of five years in prison and a $250,000 fine. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
The waters around Puerto Rico are designated as a critical habitat for the hawksbill and the green sea turtle. The most significant nesting for the hawksbill within the U.S. occurs in Puerto Rico and the U.S. Virgin Islands. Each year, about 500-1000 hawksbill nests are laid on Mona Island, Puerto Rico. The green sea turtle population has declined by 48-65 percent over the past century. Puerto Rico is also home to nesting sites for the endangered leatherback sea turtle, the largest species of turtle in the world. The leatherback sea turtle suffered a severe population crash due to human harvesting of its meat and eggs, and the destruction of its nesting habitat by beachfront development.
The Puerto Rico Environmental Crimes Task Force
Also today, representatives of federal criminal investigative agencies, the U.S. Attorney’s Office and the Department of Justice Environment and Natural Resources Division announced the creation of a Puerto Rico Environmental Crimes Task Force to investigate and prosecute environmental crimes on the island.
The commonwealth of Puerto Rico contains six national wildlife refuges (Cabo Rojo, Culebra, Desecheo, Laguna Cartagena, Navassa Island, Vieques) and is home to 25 endangered and threatened animal species, 21 of which are found nowhere else on earth. For instance, there are only 200 Puerto Rican parrots (Amazona vittata) remaining, with less than 50 left in the wild, making it one of the 10 rarest birds on Earth. The island is also home to 49 endangered and threatened plant species. There are 37 Resource Conservation and Recovery Act (RCRA) and Superfund cleanup sites on Puerto Rico.
Through the new task force, federal investigative agencies will coordinate their efforts to investigate and prosecute those responsible for committing serious environmental crimes. Federal laws have been enacted to protect the environment, but their enforcement requires the coordinated efforts and involvement of multiple federal law enforcement agencies with the assistance local law enforcement and the citizenry. The task force has three specific goals:
• Improve investigative coordination among the federal authorities who are responsible for protecting public health and the environment.
• Coordinate the available federal resources and improve the dissemination of information between the federal law enforcement agencies to better protect human health and the environment.
• Improve environmental awareness of the community to recognize violations of federal environmental laws and regulations.
“Through the effective and efficient coordination of federal agencies who will jointly investigate and prosecute environmental crimes on the island, the task force will help preserve the island’s abundant natural resources and wildlife, including endangered sea turtles,” said Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “It is our hope and vision that these efforts will raise greater awareness about environmental crime, bring those who knowingly harm the environment to justice, and help preserve the island’s environment for generations to come.”
“With the creation of this Task Force we aim to protect the environment and the public’s health from exposure to environmental hazards, said Rosa Emilia Rodríguez-Vélez United States Attorney for the District of Puerto Rico. “We will vigorously investigate and prosecute those who do not comply with the environmental laws of the United States.”
“Puerto Rico’s high asthma rates and its incredible natural resources make pollution prevention together with the rigorous enforcement of environmental laws critical to the people of Puerto Rico,” said EPA Regional Administrator Judith A. Enck. “By pooling EPA resources and those of other agencies, the EPA’s Criminal Investigation Division and EPA’s Caribbean Environmental Protection Division can maximize the ability to ensure that those who willfully violate environmental laws are held accountable.”
“The task force will strengthen already existing enforcement partnerships that help protect Puerto Rico’s wildlife and rich wildlife heritage,” said Special Agent in Charge Luis Santiago, who oversees U.S. Fish and Wildlife Service Office of Law Enforcement operations in southeastern states, Puerto Rico and the U.S. Virgin Islands.
“This enforcement task force will be a great help for us in our mission to conserve, protect, and manage living marine resources in the commonwealth,” said Otha Easley, Acting Special Agent in Charge of NOAA’s Office of Law Enforcement Southeast Division, which covers eight southern states and all U.S. Caribbean territories. “Puerto Rico has a rich and diverse ecosystem, and this partnership is a significant step forward in its protection.”
SPECIAL OPERATIONS COMMAND EMPHASIZES BUILDING SPECIAL OPERATIONS CAPACITY
FROM: U.S. DEPARTMENT OF DEFENSE
Special Operations Officials Emphasize Capacity Building
By Donna Miles
American Forces Press Service
WASHINGTON, July 22, 2013 - Building on the lessons learned in Iraq and Afghanistan, U.S. Special Operations Command is refocusing on helping partner militaries across the geographic commands build special operations capacity, Socom's commander reported.
The drawdown in Afghanistan will free up more special operators to support other theaters, Navy Adm. William H. McRaven said during a July 19 panel discussion at the 2013 Aspen Security Forum in Aspen, Colo.
McRaven reported that he already has sat down with all of the geographic combatant commanders to discuss their objectives and determine how more special operations forces can support them.
Toward that goal, Socom is returning to its pre-9/11 concept of aligning forces to specific geographic areas and providing them cultural and language training for that region, he said.
By necessity, special operators shifted their focus to Iraq and Afghanistan over the past 12 years, McRaven said, and fluency in languages other than Arabic, Dari and Pashto suffered. To rebuild lost skill sets, the command is reinvigorating its language and cultural awareness program and aligning it to the theaters "so that the right people speak the right languages and understand the right cultures in the right regions," the admiral added.
One of the big takeaways from Afghanistan has been the effectiveness of the command structure provided through the Special Operations Joint Task Force Afghanistan, he reported. It aligns all special operations missions across Afghanistan, to make them more coordinated and effective.
The task force has provided "effects that we hadn't seen in the previous decade," McRaven said. The challenge now, he told the forum, is to take the lessons learned and export them to other special operations missions around the world.
Special operators "will always be able to do the kinetic piece ... better than anyone else in the world," he said. "When somebody needs to rescue Americans or when someone needs to capture or kill the enemy, I think we have the best force in the world and will for a long time."
McRaven acknowledged, however, that "that's a small part of what we do in the special operations community."
Building partner capacity is the larger mission, he reported, and it currently involves about 3,000 special operations forces in about 84 countries outside Afghanistan. Working in small teams, they are helping partner-nation militaries build special operations capacity so their sovereign governments can deal with their own problems without the need for U.S. forces, he said.
These are core special operations capabilities that the special operations community has been conducting "for a very, very long time," McRaven said. "So any thought that this is a new idea is not correct," he added.
What has changed is the fiscal environment, he noted. "Now, we've got to do it in a little more structured fashion," McRaven said. "We have limited resources, [so] we've got to figure out where to apply those resources."
Michael A. Sheehan, assistant secretary of defense for special operations and low intensity conflict, joined McRaven for the panel discussion. A former Green Beret, Sheehan recalled being among only about 12 special operations advisors in El Salvador during its civil war. "I think in many ways, we're going to go back to the future in terms of the SOF mission set," he said.
Counterterrorism is actually a two-part effort, both with a special operations forces component, Sheehan explained.
"One is [that] we have to deny sanctuary to terrorists. We can't let them sit and be comfortable, or they will be able to attack us strategically," he said. "And secondly, we need to pressure the network. We need to attack the leaders, safe houses, training sites, their assets, lines of communications, et cetera."
Typically, a special operations forces advisor works with a host-nation military to help train and equip the force and plan activities designed to deny space to the enemy, Sheehan said. "On the other side, we want to have a relationship, the training, advising, equipping for the host country's kinetic action for their direct action against the enemy," he explained.
The key, Sheehan said, is to identify the best way to train, equip and advise the host-nation forces so they can successfully conduct their own special operations missions.
"When we are successful in doing that, we have then pushed ourselves back into the secondary role and enabled host countries to defend their own country," Sheehan said. "And that's our goal for the next 10 years."
Special Operations Officials Emphasize Capacity Building
By Donna Miles
American Forces Press Service
WASHINGTON, July 22, 2013 - Building on the lessons learned in Iraq and Afghanistan, U.S. Special Operations Command is refocusing on helping partner militaries across the geographic commands build special operations capacity, Socom's commander reported.
The drawdown in Afghanistan will free up more special operators to support other theaters, Navy Adm. William H. McRaven said during a July 19 panel discussion at the 2013 Aspen Security Forum in Aspen, Colo.
McRaven reported that he already has sat down with all of the geographic combatant commanders to discuss their objectives and determine how more special operations forces can support them.
Toward that goal, Socom is returning to its pre-9/11 concept of aligning forces to specific geographic areas and providing them cultural and language training for that region, he said.
By necessity, special operators shifted their focus to Iraq and Afghanistan over the past 12 years, McRaven said, and fluency in languages other than Arabic, Dari and Pashto suffered. To rebuild lost skill sets, the command is reinvigorating its language and cultural awareness program and aligning it to the theaters "so that the right people speak the right languages and understand the right cultures in the right regions," the admiral added.
One of the big takeaways from Afghanistan has been the effectiveness of the command structure provided through the Special Operations Joint Task Force Afghanistan, he reported. It aligns all special operations missions across Afghanistan, to make them more coordinated and effective.
The task force has provided "effects that we hadn't seen in the previous decade," McRaven said. The challenge now, he told the forum, is to take the lessons learned and export them to other special operations missions around the world.
Special operators "will always be able to do the kinetic piece ... better than anyone else in the world," he said. "When somebody needs to rescue Americans or when someone needs to capture or kill the enemy, I think we have the best force in the world and will for a long time."
McRaven acknowledged, however, that "that's a small part of what we do in the special operations community."
Building partner capacity is the larger mission, he reported, and it currently involves about 3,000 special operations forces in about 84 countries outside Afghanistan. Working in small teams, they are helping partner-nation militaries build special operations capacity so their sovereign governments can deal with their own problems without the need for U.S. forces, he said.
These are core special operations capabilities that the special operations community has been conducting "for a very, very long time," McRaven said. "So any thought that this is a new idea is not correct," he added.
What has changed is the fiscal environment, he noted. "Now, we've got to do it in a little more structured fashion," McRaven said. "We have limited resources, [so] we've got to figure out where to apply those resources."
Michael A. Sheehan, assistant secretary of defense for special operations and low intensity conflict, joined McRaven for the panel discussion. A former Green Beret, Sheehan recalled being among only about 12 special operations advisors in El Salvador during its civil war. "I think in many ways, we're going to go back to the future in terms of the SOF mission set," he said.
Counterterrorism is actually a two-part effort, both with a special operations forces component, Sheehan explained.
"One is [that] we have to deny sanctuary to terrorists. We can't let them sit and be comfortable, or they will be able to attack us strategically," he said. "And secondly, we need to pressure the network. We need to attack the leaders, safe houses, training sites, their assets, lines of communications, et cetera."
Typically, a special operations forces advisor works with a host-nation military to help train and equip the force and plan activities designed to deny space to the enemy, Sheehan said. "On the other side, we want to have a relationship, the training, advising, equipping for the host country's kinetic action for their direct action against the enemy," he explained.
The key, Sheehan said, is to identify the best way to train, equip and advise the host-nation forces so they can successfully conduct their own special operations missions.
"When we are successful in doing that, we have then pushed ourselves back into the secondary role and enabled host countries to defend their own country," Sheehan said. "And that's our goal for the next 10 years."
Thursday, July 25, 2013
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