Sunday, December 22, 2013

LOOK BENEATH THE SURFACE: ADDRESS THE ISSUES

PATIENT RECRUITER SENTENCED FOR ROLE IN $7 MILLION HEALTH CARE FRAUD

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, December 20, 2013
Patient Recruiter and Therapy Staffing Company Owner Sentenced for Roles in $7 Million Health Care Fraud Scheme

A patient recruiter and a therapy staffing company owner were sentenced today to serve 50 months and 46 months in prison, respectively, for their participation in a $7 million health care fraud scheme involving defunct home health care company Anna Nursing Services Corp.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Ivan Alejo, 48, and Hugo Morales, 37, both of Miami, were sentenced by U.S. District Judge Jose E. Martinez in the Southern District of Florida.   In addition to their prison terms, Alejo and Morales were both sentenced to serve three years of supervised release.   Alejo and Morales were also ordered to pay jointly and severally with their co-defendants $6,928,931 and $1,958,279, respectively, in restitution.

In August 2013, Alejo and Morales pleaded guilty before Judge Martinez to conspiracy to commit health care fraud.

Alejo worked as a patient recruiter at Anna Nursing, a Miami home health care agency that purported to provide home health and therapy services to Medicare beneficiaries.   Morales owned a therapy staffing company, Professionals Therapy Staffing Services Inc., which provided therapists to Anna Nursing.

According to court documents, co-conspirators of Alejo and Morales operated Anna Nursing for the purpose of billing the Medicare Program for, among other things, expensive physical therapy and home health care services that were not medically necessary and/or not provided.

Alejo’s primary role in the scheme at Anna Nursing involved negotiating and paying kickbacks and bribes, interacting with patient recruiters and assisting in the submission of fraudulent claims to the Medicare program.   Alejo and his co-conspirators would pay kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Anna Nursing for home health and therapy services that were medically unnecessary and/or not provided.   Alejo and his co-conspirators would pay kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications and other documentation.   Alejo and his co-conspirators would use the prescriptions, medical certifications and other documentation to fraudulently bill the Medicare program for home health care services, which Alejo knew was in violation of federal criminal laws.

Morales’s primary role in the scheme at Anna Nursing involved operating Professionals Therapy, where he and others created fictitious progress notes and other patient files indicating that therapists from Professionals Therapy had provided physical or occupational therapy services to particular Medicare beneficiaries, when in many instances those services had not been provided and/or were not medically necessary.   Morales knew the documents he and others from Professionals Therapy falsified were used to support false claims for home health care services billed to Medicare by his co-conspirators at Anna Nursing, which Morales knew was in violation of federal criminal laws.

From approximately October 2010 through approximately April 2013, Anna Nursing was paid by Medicare approximately $7 million for fraudulent claims for home health care services that were not medically necessary and/or not provided.

The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.   This case was prosecuted by Trial Attorney A. Brendan Stewart of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion.   In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers

INTERNATIONAL ARMS SMUGGLER SENT TO PRISON FOR 180 MONTHS

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, December 19, 2013
International Arms Smuggler Sentenced to 180 Months in Prison

Siarhei Baltutski, aka Sergey Boltutskiy, 41, of Minsk, Belarus, was sentenced today to serve 180 months in prison for conspiracy to violate the Arms Export Control Act, conspiracy to violate the International Emergency Economic Powers Act and conspiracy to commit money laundering.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Acting Assistant Attorney General John Carlin of the Justice Department’s National Security Division and U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania made the announcement.

Baltutski pleaded guilty on Jan. 25, 2013.  In addition to the prison term, U.S. District Court Judge Paul S. Diamond of the Eastern District of Pennsylvania ordered Baltutski to serve three years of supervised release.

Between Jan. 1, 2008, and Sept. 21, 2011, Baltutski organized a network of buyers in the United States to obtain and illegally export to Belarus high-tech military hardware such as Scorpion Thermal Weapon Sights, ThOR 2 Thermal Imaging Scopes, Thermal-Eye Renegade 320’s, and other night vision targeting devices.  During the course of the conspiracy, Baltutski and his associates illegally exported hundreds of these items.  Baltutski then arranged for hundreds of thousands of dollars to be secretly wired, via offshore shell companies, to purchase these items, to pay for shipping, and to pay his network of buyers.

The Arms Export Control Act and the International Emergency Economic Power Act prohibit the export of high-tech military technology.  Keeping this technology out of the hands of current and potential adversaries is critical to national interest and the safety and success of U.S. service members in combat.

This case was investigated by the U.S. Immigration and Customs Enforcement Homeland Security Investigations and the FBI.  The case was prosecuted by Trial Attorney Jerome Maiatico of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Robert Livermore of the Eastern District of Pennsylvania, with assistance from Trial Attorney David Recker of the National Security Division’s Counterespionage Section.

REMEMBRANCE: PAN AM FLIGHT 103 25TH BOMBING ANNIVERSARY

FROM:  U.S. JUSTICE DEPARTMENT 
Attorney General Eric Holder Delivers Remarks at the Memorial Service Marking the 25th Anniversary of the Bombing of Pan Am Flight 103
Arlington, Va. ~ Saturday, December 21, 2013

Thank you, Frank [Duggan], for those kind words – and for your many years of service, and leadership, alongside your fellow members of Families of the Victims of Pan Am Flight 103.

I’d also like to recognize just a few of the many dedicated public servants who are here today, including former FBI Director Bob Mueller, who has been involved with this case since he led the Justice Department’s Criminal Division more than two decades ago; Brian Murtagh, a tenacious former Justice Department prosecutor who worked tirelessly on this case for over 20 years; and U.S. Attorney Rick Hartunian, of the Northern District of New York, whose sister was aboard Flight 103 on that fateful night – and who became an original member of the victims group that called for a presidential commission on airport security.   I know that Rick’s mother Joanne and his sister Patricia – and their families – are among the many family members in this crowd today.   And I consider it an honor to join you all, once again, for this important annual remembrance.

Although a quarter century has passed since the world was shaken – and so many lives were devastated – by a heinous and cowardly act of terror, no amount of distance or time can ease the pain, or erase the loss, that was inflicted on that day.   Even now, it remains difficult to comprehend the magnitude of such a senseless crime – which claimed the lives of 259 innocent men, women, and children in the skies above Scotland, along with the lives of 11 residents of the peaceful town of Lockerbie.

Some of the victims were traveling to the United States for the very first time.   Some were enjoying quiet evenings with their families.   Some were on their way to visit friends and relatives.   Some were simply trying to come home.   And although their respective journeys, and their individual lives, were cut tragically short – all continue to be dearly loved, and deeply missed, by everyone who knew them – and especially by those who come together on this patch of hallowed ground each year to pay tribute to the lives that were stolen – and to heal those that were irreparably changed.

We will always remember the heartache, the devastation, and the pain that was etched into our collective memory on the 21st of December, 1988.   But we also recall, as we gather each year, the tremendous generosity of the Scottish people – and particularly the people of Lockerbie – who, despite their own losses, opened their homes to the families of victims who streamed into that small town from around the world in the days after the bombing.   In the midst of their anguish, these generous men and women gave what comfort they could offer, and shared what solace they could provide.

We recall the determination that animated families and victim advocates who joined together to seek answers and understanding.   Some of these passionate individuals, including many of the current and former FBI agents, Justice Department prosecutors, and other officials who are with us today, have selflessly defined the quest for justice in the aftermath of this crime as their life’s work.

But more than anything – as we assemble in this place of remembrance, year after year – we recall the moments of unity, and of love, that have arisen from the grief we share.   We remember the occasions that have brought this community together not only in mourning, but in search of healing and hope – and in celebration of the extraordinary lives that bind us together.

We keep calling for change, and fighting for justice, on behalf of those no longer with us.   We rededicate ourselves – and our nation – to the qualities that defined the men and women we lost.   And we continue to be drawn together every year on this date:   faces old and new, friends long departed and members of fresh generations – including some who bear the names of absent loved ones – to lend our voices to this solemn memorial.   To hear stories and exchange joyous memories.   And to be part of the community that – a quarter century after that terrible day – is still striving to build, from an act of unspeakable evil, a lasting legacy of compassion, of fellowship, and of love.

Today, this legacy is all around us – and it is very much alive.   It lives in the resolve that brings us together and pushes us forward each day.   It persists in our unfinished but ongoing work to see that justice is done, and to ensure that those who commit acts of terror are held accountable to the fullest extent of the law.   And it endures in our determination to secure a brighter future for ourselves and our fellow citizens – a future that is free from the hatred, and the senseless destruction, that has touched your lives and far too many others.

May our continuing efforts serve as a fitting monument to those who were taken from us 25 years ago.   May we never tire in our work to forge a society, and a world, that are worthy of the empathy and grace that unites this remarkable group.   And may God bless the memories of those we’ve lost; the cause of justice we are humbled to serve; and the great nation that will forever hold the victims of Pan Am 103, and each of their loving families, in our hearts.

Thank you all.

NASA RELEASES COLORFUL STILL IMAGE OF THE SUN

FROM:  NASA 

This still image was taken from a new NASA movie of the sun based on data from NASA's Solar Dynamics Observatory, or SDO, showing the wide range of wavelengths – invisible to the naked eye – that the telescope can view. SDO converts the wavelengths into an image humans can see, and the light is colorized into a rainbow of colors. Yellow light of 5800 Angstroms, for example, generally emanates from material of about 10,000 degrees F (5700 degrees C), which represents the surface of the sun. Extreme ultraviolet light of 94 Angstroms, which is typically colorized in green in SDO images, comes from atoms that are about 11 million degrees F (6,300,000 degrees C) and is a good wavelength for looking at solar flares, which can reach such high temperatures. By examining pictures of the sun in a variety of wavelengths – as is done not only by SDO, but also by NASA's Interface Region Imaging Spectrograph, NASA's Solar Terrestrial Relations Observatory and the European Space Agency/NASA Solar and Heliospheric Observatory -- scientists can track how particles and heat move through the sun's atmosphere.  Jewel Box Sun Image Credit: NASA Goddard Space Flight Center

SECRETARY OF LABOR PEREZ, OTHER OFFICIALS MEET WITH LABOR COMMITTEE OVER TRADE NEGOTIATIONS AND POLICY

FROM:  U.S. LABOR DEPARTMENT 
Global Competition on the Table at Trade Policy Meeting

 Secretary of Labor Thomas E. Perez (center), joined by U.S. Trade Representative, Ambassador Michael Froman (left) and Carol Pier, deputy undersecretary of labor for the Bureau of International Labor Affairs meet with representatives of the Labor Advisory Committee for Trade Negotiations and Trade Policy on December 16, 2013.

Secretary Perez, along with U.S. Trade Representative Michael Froman, co-hosted a meeting of the Labor Advisory Committee for Trade Negotiations and Trade Policy on Dec. 16. During the meeting, Perez and Froman met with the members of the LAC and participated in a lively and frank exchange of views on current international trade policies and issues affecting the labor community. Perez's message focused on the department's efforts to prepare the nation's workforce to meet the challenges of global competition, ensure a more level playing field for U.S. workers by enforcing labor obligations under our trade agreements, and increase U.S. jobs by opening foreign markets to U.S. exports. The LAC is part of the U.S. international trade policy advisory committee structure. Its purpose is to reflect the voice and advice of organized labor on U.S. trade policy and trade negotiation objectives and advise the administration on issues related to current U.S. trade

EXPORT-IMPORT BANK REPORTS RECORD YEAR FOR SMALL BUSINESS EXPORT FINANCING

FROM:  EXPORT-IMPORT BANK
Ex-Im Bank Annual Report Outlines Record Year for Small Businesses 
$27 Billion in Export Financing Supported More than 200,000 U.S. Jobs

Washington D.C. – Today the Export-Import Bank of the United States (Ex-Im Bank) released its Fiscal Year 2013 Annual Report highlighting its approval of more than $27 billion in authorizations that supported an estimated 205,000 American jobs. The Bank also approved more than 3,400 small-business authorizations, a new record.

“I am proud to announce that nearly 90 percent of the Bank’s transactions in FY 13 were for small businesses – an all-time high,” said Ex-Im Bank Chairman and President Fred P. Hochberg. “Ex-Im Bank employees have done a remarkable job of ensuring that American entrepreneurs have the tools they need to succeed in international markets. Whether it’s providing export-credit insurance to first-time exporters or working-capital guarantees to returning customers, Ex-Im Bank will continue to fulfill its mission of creating U.S. jobs.”

Among the highlights from the 2013 Annual Report:

* Ex-Im financing created or supported an estimated 205,000 export-related U.S. jobs.

* In the last five years (FY 09 to FY 13), Ex-Im Bank has assisted in financing more than $188 billion of U.S. exports and supported 1.2 million American jobs.

* In FY 13, Ex-Im Bank authorized financing for a record high 3,842 export transactions, which totaled an estimated export value of $37.4 billion.

* In FY 13, Ex-Im Bank approved 3,413 small-business authorizations – an all-time high.

* Non-aircraft manufacturing was the industry with the highest authorized amount at $8.5 billion, surpassing aircraft for the first time since 1997.

* Approximately one in five transactions involved women- or minority-owned small businesses.

4 SERVICE MEMBERS INJURED AFTER COMING UNDER FIRE IN SOUTH SUDAN

FROM:  U.S. DEFENSE DEPARTMENT SOUTH SUDAN 
Ground Fire Injures 4 U.S. Troops in South Sudan
American Forces Press Service

WASHINGTON, Dec. 21, 2013 – Four U.S. service members were injured today when their aircraft came under ground fire in South Sudan during a mission to evacuate American citizens in Bor, according to a statement issued by U.S. Africa Command.

The updated Africom statement reads as follows:
“At the request of the Department of State, the United States Africa Command, utilizing forces from Combined Joint Task Force-Horn of Africa (CJTF-HOA), attempted to evacuate U.S. citizens from the town of Bor, South Sudan, today.
“As the aircraft, three CV-22 Ospreys, were approaching the town they were fired on by small-arms fire by unknown forces. All three aircraft sustained damage during the engagement. Four service members onboard the aircraft were wounded during the engagement.

“The damaged aircraft diverted to Entebbe, Uganda, where the wounded were transferred onboard a U.S. Air Force C-17 and flown to Nairobi, Kenya, for medical treatment.

“All four service members were treated and are in stable condition.”
In Hawaii, President Barack Obama was updated on the status of the injured U.S. service members, according to a White House news release issued today. Obama directed his national security team to ensure the safety of U.S. military personnel in the region and to continue to work with the United Nations to evacuate American citizens from Bor.

This morning, following a meeting of his national security principals that was led by National Security Advisor Susan Rice, Obama participated in a secure call with Rice, Deputy National Security Advisor Tony Blinken, Deputy National Security Advisor Ben Rhodes, and Senior Director for African Affairs Grant Harris to update him on the situation in South Sudan, according to the White House release. The president, the release said, was briefed on the status of U.S. military personnel and the safety of U.S. citizens in Bor and U.S. personnel at the U.S. Embassy in Juba, South Sudan.

The president was pleased that the injured U.S. service members are in stable condition and he reaffirmed the importance of continuing to work with the United Nations to secure U.S. citizens in Bor, according to the White House release.
Obama underscored that South Sudan's leaders have a responsibility to support U.S. efforts to secure its personnel and citizens in Juba and Bor, the release said.
More broadly, Obama underscored the urgency of helping to support efforts to resolve the differences within South Sudan through dialogue, according to the White House release. South Sudan's leaders, the president said in the release, must know that continued violence will endanger the people of South Sudan and the hard-earned progress of independence. This conflict can only be resolved peacefully through negotiations. Any effort to seize power through the use of military force, the release said, will result in the end of longstanding support from the United States and the international community.

Obama expressed his deep appreciation for the work of U.S. military members and civilians who are operating in difficult circumstances in South Sudan and directed his team to continue to update him going forward, the White House release said.
South Sudan is currently experiencing turmoil that’s pitting the government against armed rebel groups. Secretary of State John F. Kerry said in a statement issued yesterday that it’s time “for South Sudan’s leaders to rein-in armed groups under their control, immediately cease attacks on civilians, and end the chain of retributive violence between different ethnic and political groups. The violence must stop, the dialogue must intensify.”

To help facilitate that effort, Kerry added, U.S. Special Envoy for Sudan and South Sudan, Ambassador Donald E. Booth, has been dispatched to the region.
Defense Secretary Chuck Hagel is keeping a close watch on the situation in South Sudan and is reviewing options, Pentagon Press Secretary Navy Adm. John Kirby said. Whatever action the Pentagon takes, it will be conducted in coordination with the State Department, Kirby added.

The United States recognized South Sudan as a sovereign, independent state on July 9, 2011 following its secession from Sudan, according to the U.S. State Department’s website. The United States played a key role in helping create the 2005 Comprehensive Peace Agreement that laid the groundwork for the 2011 independence referendum and secession.

Several disputes between Sudan and South Sudan remain unresolved post-independence, including the management of oil resources and the status of the Abyei region, according to the State Department website. The United States supports the efforts of the African Union High-Level Implementation Panel to help the parties work through these issues.

On Dec. 18, about 45 U.S. service members deployed to South Sudan to support the security of U.S. personnel and the U.S. Embassy, according to a Dec. 19 letter President Barack Obama wrote to the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

The text of the president’s letter reads as follows:
“On December 18, 2013, approximately 45 U.S. Armed Forces personnel deployed to South Sudan to support the security of U.S. personnel and our Embassy. Although equipped for combat, this force was deployed for the purpose of protecting U.S. citizens and property. This force will remain in South Sudan until the security situation becomes such that it is no longer needed.

“This action has been directed consistent with my responsibility to protect U.S. citizens both at home and abroad, and in furtherance of U.S. national security and foreign policy interests, pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive.
“I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148). I appreciate the support of the Congress in these actions.”

In recent years, South Sudan “has made great progress toward breaking the cycle of violence that characterized much of its history,” Obama said in a separate statement issued Dec. 19.

Today, however, South Sudan’s “future is at risk,” Obama added. South Sudan, he said, now “stands at the precipice,” with recent fighting there threatening to plunge the country “back into the dark days of its past.”

Obama continued: “But it doesn’t have to be that way. South Sudan has a choice. Its leaders can end the violence and work to resolve tensions peacefully and democratically. Fighting to settle political scores or to destabilize the government must stop immediately. Inflammatory rhetoric and targeted violence must cease. All sides must listen to the wise counsel of their neighbors, commit to dialogue and take immediate steps to urge calm and support reconciliation.”
South Sudan’s leaders must “recognize that compromise with one’s political enemy is difficult, but recovering from unchecked violence and unleashed hatred will prove much harder,” the president said.

“Too much blood has been spilled and too many lives have been lost to allow South Sudan’s moment of hope and opportunity to slip from its grasp,” Obama said. “Now is the time for South Sudan’s leaders to show courage and leadership, to reaffirm their commitment to peace, to unity, and to a better future for their people. The United States will remain a steady partner of the South Sudanese people as they seek the security and prosperity they deserve.”

South Sudan is located on the eastern border of the Central African Republic. The United States established diplomatic relations with the Central African Republic in 1960, following its independence from France, according to Africom’s website. The C.A.R. is one of the world’s least developed nations, and has experienced several periods of political instability since independence.

The United States is deeply concerned about “the shocking and horrific atrocities that have been committed by government-affiliated armed groups and independent militias against innocent civilians in the Central African Republic” in recent weeks, a Pentagon spokesman told reporters Dec. 11.

In an audio message released Dec. 9, Obama called on the transitional C.A.R. government to arrest those who are committing crimes.

“Individuals who are engaging in violence must be held accountable -- in accordance with the law. Meanwhile, as forces from other African countries and France work to restore security, the United States will support their efforts to protect civilians,” Obama said.

On Dec. 10, the president authorized the State Department to use up to $60 million in defense services and articles for countries that contribute forces to the African Union-led International Support Mission in the Central African Republic. The assistance could include logistical support -- including strategic airlift and aerial refueling -- and training for French and African forces deploying to the Central African Republic.

Saturday, December 21, 2013

SECRETARY OF DEFENSE HAGEL MAKES REMARKS WITH EGYPTIAN MINISTER OF DEFENSE GEN. AL-SISI

FROM:  U.S. DEFENSE DEPARTMENT 
Hagel, Al-Sisi Discuss U.S.-Egypt Relationship
American Forces Press Service

WASHINGTON, Dec. 19, 2013 – Defense Secretary Chuck Hagel called Egyptian Minister of Defense Gen. Abdel Fattah Al-Sisi this morning to provide an update on his recent visit to the Middle East and to discuss the United States-Egypt relationship, Pentagon Press Secretary Navy Rear Adm. John Kirby said in a statement issued today.

Kirby’s statement reads as follows:
Secretary Hagel called Egyptian Minister of Defense General Al-Sisi this morning to provide an update on his recent visit to the Middle East and to discuss the United States-Egypt relationship.

Secretary Hagel conveyed that the United States is committed to the U.S.-Egypt defense relationship and wants to continue working with Egypt to support a stable inclusive political transition.

He told Minister Al-Sisi that, on his visit to the Gulf region, he encouraged regional partners to continue playing a role in improving Egypt's economy and to play a constructive role in supporting Egypt's transition.

Secretary Hagel noted that the United States looks forward to Egypt's constitutional referendum in mid-January. They discussed the importance of a transparent process, in which the freedom of expression is protected for all citizens during the campaign period, regardless of whether they support or oppose the constitution.

Secretary Hagel also expressed concern over the recent charges involving former President Morsi and the Muslim Brotherhood, as well as the recent violence against a Non-Governmental Organization. The Secretary noted that civil society organizations play a vital role in any democracy and that incidences such as these can undermine confidence in the interim government's commitment to a non-violent, inclusive and sustainable democratic transition.

Secretary Hagel and Minister Al-Sisi agreed to continue to talk frequently to continue to engage on these important issues in the U.S.-Egypt relationship.

DEFENSE DEPARTMENT VIDEO: U.S. TROOPS TRANSFER BASE TO AFGHANS



NATO STATUS OF FORCES AGREEMENT NEGOTIATIONS BEGIN WITH AFGHANISTAN GOVERNMENT

FROM:  U.S. DEFENSE DEPARTMENT 
NATO Begins SOFA Negotiations with Afghanistan
American Forces Press Service

WASHINGTON, Dec. 21, 2013 – NATO began Status of Forces Agreement negotiations with the government of Afghanistan, Pentagon Press Secretary Navy Adm. John Kirby said in a statement issued today.
Kirby’s statement reads as follows:

“Secretary of Defense Chuck Hagel was pleased to learn that NATO has begun negotiations with the Government of Afghanistan on the NATO Status of Forces Agreement (SOFA).

“NATO's decision to move forward with negotiations on a SOFA is yet another demonstration of the international community's willingness to support Afghanistan after 2014.

“But, as both the NATO Secretary General and Secretary Hagel have made clear, the Alliance won't finalize their agreement with the Bilateral Security Agreement still hanging in the balance. The message of the United States and its allies in Europe is clear: the Bilateral Security Agreement should be signed without any more delay.”

Weekly Address: Working Together on Behalf of the American People (+play...

MAN ARRESTED IN CONNECTION WITH TRAFFICKING OF NARWHAL TUSKS

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, December 19, 2013
Canadian Citizen Arrested for Money Laundering in Connection with Illegal Importation and Trafficking of Narwhal Tusks

A Canadian man was arrested today in St. John, New Brunswick, Canada, on an extradition warrant requested by the United States for money laundering crimes related to the illegal importation and illegal trafficking of narwhal tusks, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division .

On Nov. 14, 2012, a federal grand jury sitting in Bangor, Maine, returned an indictment that was partially unsealed today upon the arrest of Gregory R. Logan of Grand Prairie, Alberta, Canada.   The indictment also names Jay G. Conrad of Lakeland, Tenn., and Andrew L. Zarauskas of Union, N.J.   Logan was arrested on charges in the indictment for money laundering conspiracy and substantive money laundering violations.   The indictment also charges Conrad and Zarauskas with conspiracy to smuggle narwhal tusks, money laundering conspiracy, smuggling narwhal tusks and money laundering violations.   According to the indictment, Logan illegally laundered the money earned from his illegal imports and sales of narwhal tusks in the United States.   It further charges that Conrad and Zarauskas bought the narwhal tusks from Logan, knowing the tusks had been illegally imported into the United States, and sold or attempted to sell the tusks after their illegal importation.

The arrest of Logan on an extradition warrant in Canada begins the extradition process to the U.S.   The extradition process is governed by a 1971 extradition treaty between the U.S. and Canada.

The charges contained in the indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.   If convicted of these charges, the defendants each face up to twenty years in prison on each of the most serious charges, as well as fines up to $250,000.

The case was investigated by agents from National Oceanic and Atmospheric Administration Office of Law Enforcement and the U.S. Fish and Wildlife Service Office of Law Enforcement.   The case is being prosecuted by Trial Attorney Todd S. Mikolop of the Justice Department’s Environmental Crimes Section, with assistance from the Justice Department's Office of International Affairs.


ON BOARD: TRAVELS WITH THE VICE PRESIDENT IN ASIA

FROM:  THE WHITE HOUSE 





U.S. LABOR DEPARTMENT ANNOUNCES $2 MILLION GRANT TO STRENGTHEN LABOR LAWS IN REPUBLIC OF GEORGIA

FROM:  U.S. LABOR DEPARTMENT 
Project to improve compliance with labor laws in the Democratic 
Republic of Georgia awarded $2M grant by US Labor Department

WASHINGTON — U.S. Department of Labor's Bureau of International Labor Affairs today announced a $2 million grant award to improve compliance with labor laws in the Democratic Republic of Georgia. The grant provides funding for a project that will be developed and implemented through a cooperative agreement between the department and the International Labour Organization.
The project will improve the government's ability to enforce labor laws and adhere to international labor standards. It will also help worker organizations be more effective when representing workers' rights and interests to the government, employers and courts.

Since 1995, ILAB has worked with other governments and international organizations to identify assistance that countries may require to improve the labor conditions of their workers. ILAB's Office of Trade and Labor Affairs currently provides approximately $76 million in technical assistance to improve worker rights, livelihoods and labor law compliance in more than 72 countries around the world.

EXPORT-IMPORT BANK SUPPORTS $694 MILLION FINANCING FOR EXPORTS TO AUSTRALIA

FROM:  U.S. EXPORT-IMPORT BANK 
Ex-Im Bank Approves $694 Million to Finance Export of U.S. Mining 
and Rail Equipment to Australia 
Transaction Supports 3,400 U.S. Jobs

Washington, D.C. – In a decision that will support thousands of U.S. jobs, the Export-Import Bank of the United States (Ex-Im Bank) has authorized a $694.4 million loan to Roy Hill Holdings of Australia contingent upon the purchase of U.S. mining and rail equipment from Caterpillar Inc., GE, and Atlas Copco.

According to Bank estimates derived from Departments of Commerce and Labor data and methodology, the credit will support 3,400 U.S. jobs across America. Furthermore, an estimated 20 percent of the job support will benefit small-business jobs.

“After a comprehensive review, the Bank determined that this transaction represents a significant opportunity for American exporters to create and sustain American jobs,” said Ex-Im Bank Chairman and President Fred P. Hochberg. “Our financing positions American companies on a level playing field so they can close the sales and expand their homegrown workforces. Projects this size can be difficult to finance—that’s where Ex-Im comes in. And I am proud that today’s action will support 3,400 jobs across the country, many of them at small businesses.”

Export credit agencies of several other countries have obtained preliminary or final approvals for the Roy Hill transaction as well.

The exported equipment will contribute to the development of the Roy Hill iron ore mine, an open-pit surface mine in the Pilbara region of northwestern Australia. The mine sits approximately 280 kilometers south of Port Hedland.

Ex-Im Bank’s loan increases the likelihood that Caterpillar, a leading equipment manufacturer based in Peoria, Ill., will provide surface-mining equipment for the project.

“Caterpillar applauds Ex-Im Bank for approving the long-term financing request for the Roy Hill’s Australian iron-ore project,” said Steve Wunning, group president with responsibility for the Resource Industries Group, Caterpillar Inc. “By backing this project, Ex-Im Bank is bolstering U.S. manufacturing competitiveness, supporting American jobs and promoting exports. Ex-Im Bank is also providing Caterpillar and other U.S. suppliers with the opportunity to support Roy Hill with mining equipment that may have otherwise been supplied by non-U.S. competitors using their countries’ export credit agencies. We appreciate the support of Chairman Hochberg and all the Ex-Im Bank officials who worked so hard to get us to this point.”

The financing also increases the likelihood that GE will furnish locomotives to transport the iron ore to the port.

“Ex-Im Bank’s support of the Roy Hill’s Australian iron-ore project represents a major milestone for the mining industry and U.S. job growth,” said Russell Stokes, president and chief executive officer, GE Transportation. “Further, it’s testament to the great outcomes that can be achieved through collaboration of federal and private sector leadership. We’re thrilled to have our locomotives leading the charge and enabling transport efficiencies.”

In line with its economic-impact procedures, Ex-Im Bank performed a detailed economic-impact analysis and found that the transaction will likely have a significant net positive effect on the U.S. economy. Additionally, Ex-Im Bank obtained a market-based supplemental analysis prepared by a third party that also yielded a positive finding.

SECRETARY OF DEFENSE HAGEL: TROOP DEATHS A "HEARTBREAKING REMINDER" OF WAR

FROM:  U.S. DEFENSE DEPARTMENT  

VIOLENCE IN SOUTH SUDAN: SECRETARY OF STATE KERRY'S REMARKS

FROM:  U.S. STATE DEPARTMENT 
Violence in South Sudan
Press Statement
John Kerry
Secretary of State
Washington, DC
December 20, 2013

The international community is laser-focused on the deeply alarming violence in South Sudan. We are all determined to continue standing for the aspirations of a people who have endured far too many years of conflict and sacrificed far too much to allow their young country to plunge back into turmoil. With the world watching and South Sudan’s people yearning for a country marked by peace and prosperity not conflict and division, peace is the only option.

Last night, I called South Sudanese President Kiir and urged him, as president of all of South Sudan, to protect all South Sudanese citizens and work toward reconciliation. We recalled the difficult decisions that led to the remarkable moment when so many stood in long lines for a referendum to give birth to South Sudan, knowing all too well that the toughest decisions were still to come. Now is the time for leadership that makes those decisions through dialogue.

Now is the time for South Sudan’s leaders to rein in armed groups under their control, immediately cease attacks on civilians, and end the chain of retributive violence between different ethnic and political groups. The violence must stop, the dialogue must intensify.

To help facilitate this process, we have asked our U.S. Special Envoy for Sudan and South Sudan, Ambassador Donald Booth, to travel to the region and support regional efforts already underway. He will be departing today.

The United States strongly condemns yesterday’s attacks on the United Nations Mission in South Sudan (UNMISS) base in Akobo County in Jonglei State, South Sudan. We offer our condolences to the UN and victims of this attack. We call on all parties to respect UNMISS, to refrain from any attacks on its personnel, and to help facilitate its mission to protect civilians who have sought shelter from the turmoil secure the delivery of humanitarian assistance to all those in need.

The United States and other partners are committed to the realization of South Sudan’s full political, social, and economic potential, but make no mistake: these cooperative efforts will be undermined if political disputes drag the country back into senseless conflict and strife. Moreover, any armed attack on the capital will be seen as an attempt to achieve an unlawful usurpation of power, which would be universally condemned. Those who seek to take or hold power by violence or division of South Sudanese along ethnic lines will not have our support. Violence today will not pave the way for a more stable or prosperous tomorrow.

Friday, December 20, 2013

PRESIDENT APPROVES PEACEFUL USE OF NUCLEAR ENERGY AGREEMENT

FROM:   THE WHITE HOUSE  
Presidential Determination -- Taiwan

MEMORANDUM FOR THE SECRETARY OF STATE

THE SECRETARY OF ENERGY

SUBJECT: Proposed Agreement for Cooperation Between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States Concerning Peaceful Uses of Nuclear Energy

I have considered the proposed Agreement for Cooperation Between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States Concerning Peaceful Uses of Nuclear Energy, along with the views, recommendations, and statements of the interested agencies.

I have determined that the performance of the Agreement will promote, and will not constitute an unreasonable risk to, the common defense and security. Pursuant to section 123 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b)), I hereby approve the proposed Agreement and authorize the Secretary of State to arrange for its execution.

The Secretary of State is authorized to publish this determination in the Federal Register.

BARACK OBAMA

SEC ALLEGES ADM SUBSIDIARIES PAID BRIBES TO UKRAINIAN OFFICIALS

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

The Securities and Exchange Commission today charged global food processor Archer-Daniels-Midland Company (ADM) for failing to prevent illicit payments made by foreign subsidiaries to Ukrainian government officials in violation of the Foreign Corrupt Practices Act (FCPA).

An SEC investigation found that ADM’s subsidiaries in Germany and Ukraine paid $21 million in bribes through intermediaries to secure the release of value-added tax (VAT) refunds.  The payments were then concealed by improperly recording the transactions in accounting records as insurance premiums and other purported business expenses.  ADM had insufficient anti-bribery compliance controls and made approximately $33 million in illegal profits as a result of the bribery by its subsidiaries.

ADM, which is based in Decatur, Ill., has agreed to pay more than $36 million to settle the SEC’s charges.  In a parallel action, the U.S. Department of Justice today announced a non-prosecution agreement with ADM and criminal charges against an ADM subsidiary that has agreed to pay $17.8 million in criminal fines.

“ADM’s lackluster anti-bribery controls enabled its subsidiaries to get preferential refund treatment by paying off foreign government officials,” said Gerald Hodgkins, an associate director in the SEC’s Division of Enforcement.  “Companies with worldwide operations must ensure their compliance is vigilant across the globe and their transactions are recorded truthfully.”

According to the SEC’s complaint filed in U.S. District Court for the Central District of Illinois, the bribery occurred from 2002 to 2008.  Ukraine imposed a 20 percent VAT on goods purchased in its country.  If the goods were exported, the exporter could apply for a refund of the VAT already paid to the government on those goods.  However, at times the Ukrainian government delayed paying VAT refunds it owed or did not make any refund payments at all.  On these occasions, the outstanding amount of VAT refunds owed to ADM’s Ukraine affiliate reached as high as $46 million.

The SEC alleges that in order to obtain the VAT refunds that the Ukraine government was withholding, ADM’s subsidiaries in Germany and Ukraine devised several schemes to bribe Ukraine government officials to release the money.  The bribes paid were generally 18 to 20 percent of the corresponding VAT refunds.  For example, the subsidiaries artificially inflated commodities contracts with a Ukrainian shipping company to provide bribe payments to government officials.  In another scheme, the subsidiaries created phony insurance contracts with an insurance company that included false premiums passed on to Ukraine government officials.  The misconduct went unchecked by ADM for several years because of its deficient and decentralized system of FCPA oversight over subsidiaries in Germany and Ukraine.

The SEC’s complaint charges ADM with violating Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934.  ADM consented to the entry of a final judgment ordering the company to pay disgorgement of $33,342,012 plus prejudgment interest of $3,125,354.  The final judgment also permanently enjoins ADM from violating those sections of the Exchange Act, and requires the company to report on its FCPA compliance efforts for a three-year period.  The settlement is subject to court approval.  The SEC took into account ADM’s cooperation and significant remedial measures, including self-reporting the matter, implementing a comprehensive new compliance program throughout its operations, and terminating employees involved in the misconduct.

The SEC’s investigation was conducted by Nicholas A. Brady and supervised by Moira T. Roberts and Anita B. Bandy.  The SEC appreciates the assistance of the Justice Department’s Fraud Section and the Federal Bureau of Investigation.

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