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NEWS
of the Day
- November 20, 2009 |
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on
some issues of interest to the community policing and neighborhood
activist across the country
EDITOR'S NOTE: The following group of articles from local
newspapers and other sources constitutes but a small percentage
of the information available to the community policing and neighborhood
activist public. It is by no means meant to cover every possible
issue of interest, nor is it meant to convey any particular
point of view ...
We present this simply as a convenience to our readership ...
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From LA Times
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Agents seize bongs at L.A. Harbor listed as Christmas ornaments
November 19, 2009 | 2:14 pm
Customs officials at the Los Angeles Harbor received a shipment from China listed as Christmas ornaments.
But when they opened the "presents" Tuesday, they found 316,000 bongs and pipes.
“They're very colorful and big,” said Cristina Gamez, a spokeswoman for U.S. Customs and Border Protection. “Some of them are like 2 feet tall.”
Gamez said glass bongs and pipes, contained in nearly 860 boxes of cargo, are worth about $2.6 million.
The package arrived a month ago but was seized Tuesday at the Los Angeles/Long Beach port complex. The manifest listing the cargo's contents said Christmas ornaments were inside. They were addressed to someone in L.A. County.
Gamez said no arrests have been made, and an investigation is pending. She said that it is illegal to import, export or sell drug paraphernalia in the United States and that all the items would be destroyed.
http://latimesblogs.latimes.com/lanow/
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Palmdale and Lancaster sheriff's stations start 'Safe Drug Drop-off' program
November 19, 2009 | 2:08 pm
Starting today, Palmdale and Lancaster residents can safely dispose of expired or unused prescription drugs, over-the-counter medications, syringes and other controlled substances by dropping them off at special “narcotics mailboxes” at their local sheriff's station.
The Lancaster sheriff's station also started a program. This post previously mentioned only Palmdale.
“The intent is to give people the opportunity to dispose of these dangerous drugs for whatever reason without having to do something that endangers people or endangers the environment,” said Lancaster Station Capt. Axel Anderson.
Lancaster Station is at 501 W. Lancaster Blvd.
The initiative is part of a “Safe Drug Drop-off” program that originated at the Los Angeles County Sheriff's Department's Lomita Station, law enforcement officials said in a statement. The pilot program was announced by Sheriff Lee Baca in September. The goal is to protect aquatic wildlife from being harmed when medicines are flushed down the drain.
Because wastewater treatment plants are unable to test for pharmaceuticals, or treat their negative effects, “the drugs end up in our rivers, streams, lakes, groundwater systems and oceans,” the officials said
They also noted that unused and expired medications could be used illegally if they fall into the wrong hands, and that children could gain access to the narcotics if they are left in home medicine cabinets. The drugs could be used inappropriately or sold, the officials added.
“This is just another tack Palmdale Station is using in an overall approach to keep these harmful items off our streets and out of our children's hands,” the station's Capt. Bobby D. Denham said in the statement.
Residents can anonymously place the medications and narcotics in one of three designated white mailboxes in the front parking lot of Palmdale Station, 750 East Avenue Q.
http://latimesblogs.latimes.com/lanow/2009/11/palmdale-starts-safe-drug-dropoff-program.html#more
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Overall number of hate crimes drops in L.A. County but crimes against gays increase, new report says
November 19, 2009 | 12:47 pm
Los Angeles County saw an overall 4% drop in hate crimes last year, while crimes against gays, lesbians, bisexuals and transgendered people increased, prompted in part by last November's highly charged Proposition 8 initiative, the voter-approved ban on same-sex marriage in California, according to a new report released today.
There were 134 sexual-orientation hate crimes reported last year, up from 111 in 2007, and were more likely to be violent than hate crimes motivated by race or religion, according to the annual Hate Crime Report by the Los Angeles County Commission on Human Relations.
“I am very sad to be here today because my presence means that my community – lesbian, gay, bisexual and transgender people – were horribly impacted by hate crimes in 2008,” Lorri Jean, chief executive of the Los Angeles Gay and Lesbian Center, said at a news conference.
"Anti-gay and anti-transgender hate crimes do not happen in a vacuum," she said, "they happen in the context of a society that still tolerates and even promotes discrimination against us.”
Robin Toma, executive director of the Human Relations Commission, said the data underscored the importance of the recent passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which extends federal hate crimes protection to victims of sexual orientation crimes.
Much of the overall decrease in hate crimes was connected with a 16% decline in racially motivated crimes. Some of those racial crimes, however, were tied to the presidential campaign Barack Obama.
Across the country there were numerous cases of vandalism, displays of nooses and acts of intimidation, and in Los Angeles eight cases were reported in which homes, cars and other property displaying Obama signs or stickers were vandalized with swastikas or racial slurs, Toma said.
“While hate crimes targeting African Americans decreased, they still remain by far the largest group of hate crime victims,” Toma said. “They are 61% of racial hate crime victims and yet comprise only 9% of the county population.”
Latino victims remained the second-largest targeted group and the percentage of crimes against them remained the same. Crimes targeting Asians, Middle Easterners, Armenians and whites declined.
Although religious hate crimes rose 14%, that increase is attributed to 15 crimes targeting the Church of Scientology, Toma said. Two thirds of those crimes were similar threatening letters sent to various church branches that were likely from the same individual, he said.
“Every year this report provides a startling snapshot of the face of hatred in Los Angeles County,” said Sandra Thomas, president of the commission. She said the report is used by law enforcement officials for training purposes and for directing resources.
http://latimesblogs.latimes.com/lanow/2009/11/overall-number-of-hate-crimes-drop-in-la-county-but-crimes-against-gays-increase-new-report-says.html#more
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Police in Peru say gang members killed people to drain their fat for cosmetics
November 19, 2009 | 7:11 pm
Gang members in Peru face charges of killing people and draining their fat for use in cosmetics, police said today.
Police showed journalists two bottles of fat that authorities said were recovered from two suspects and a photograph of a rotting head believed to be of a male victim. The suspects allegedly told police the fat was worth $60,000 per gallon.
Police Col. Jorge Mejia said three suspects who confessed to five killings told authorities the fat was sold in Lima, the capital. One suspect said the gang severed body parts and then suspended the torsos, collecting fat in tubs placed underneath, Mejia said.
Police named the group the “Pishtacos” after a Peruvian myth dating to pre-Columbian times of men who killed to extract human fat, quartering their victims with machetes, the Associated Press reported. The gang, which has several suspected members who are not yet in custody, allegedly operated in the Huanuco province, police said.
Several medical experts said fat has cosmetic uses, but the idea of an international black market for human fat was hard to believe.
“I can't see why there would be a black market for fat,” said Dr. Adam Katz, a professor of plastic surgery at the University of Virginia medical school, according to AP. “It doesn't make any sense at all because in most countries we can get fat so readily and in such amounts from people who are willing and ready to donate that I don't see why there would ever be a black market for fat, of all tissues.”
http://latimesblogs.latimes.com/laplaza/2009/11/peru-gang-fat-corpses-cosmetics-black-market.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LaPlaza+%28La+Plaza%29
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From the Daily News
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Nazi hunter vows to bring last Hitler criminals to justice
by Dana Bartholomew, Staff Writer
Updated: 11/19/2009 10:24:19 PM PST
They're now old, feeble, beloved by their children and grandkids - and accused of abetting the murder of millions.
Six decades after the Holocaust, the world's leading Nazi hunter vowed Thursday to either bring the last of Hitler's war criminals to justice or pursue them to their graves.
"Contrary to public perception that it's too late, that's certainly not the case," said Efraim Zuroff, chief Nazi hunter for the renowned Simon Wiesenthal Center in Los Angeles. "We have three to five years until we won't be able to do this anymore."
Zuroff, director of the center's Israeli office, was at the center's Museum of Tolerance to release its annual report on the prosecution of some of the world's most evil men and women.
He was also in town to promote his book, "Operation Last Chance: One Man's Quest to Bring Nazi Criminals to Justice."
The good news: Four of the center's 10 most wanted Nazi war criminals may soon stand trial.
They include Ivan Demjanjuk, a former American accused of helping slaughter Jews in several Waffen SS death camps, whose trial in Germany begins Nov. 30.
Also about to face justice is Sandor Kepiro, a Hungarian accused of helping to kill 1,200 civilians. And Charles Zentai, alleged to have helped kill Jews in Hungary, whose extradition from Australia was approved last week. And Heinrich Boere, an alleged hit man for the SS in Holland, now awaiting trial in Germany.
The Simon Wiesenthal report listed 706 ongoing investigations of Nazi war criminals in two dozen countries, including 85 new cases between April 2008 through March 2009. During that period, six Nazis were convicted in Italy.
The bad news: Many nations still refuse to prosecute aging Nazis.
At the top of the most-wanted list is Alois Brunner, a key SS operative responsible for the deportation of 128,500 Jews to concentration camps. He may be in Syria. He may be dead.
"It's not that hard to actually find these people. It's not even that hard to find the evidence for these people," said Zuroff, who considers himself part detective, part historian and part political lobbyist.
"What is incredibly hard is to get countries that are reluctant to bring Nazi war criminals to justice, to do the right thing and to bring them to trial."
Among the countries that got failing grades for not going after Nazis: Australia, Austria, Estonia, Hungary, Lithuania, Norway, Sweden, Syria and the Ukraine. Canada, which has never deported a single Nazi, scored a D.
The United States got top marks for helping bring 37 of the 82 war criminal convictions worldwide, while stripping 75 Nazis of their citizenship and deporting 56.
Rabbi Marvin Hier, founder and dean of the Simon Wiesenthal Center, said others may defend Nazi fugitives as old, feeble and forgetful and not worth prosecution.
But they have been able to live fruitful lives, he said, while their victims did not.
"As long as a Nazi war criminal is still alive, they should know that there's someone looking for them," Hier said. "When you hunt a Nazi war criminal, all Nazi war criminals in the world feel vulnerable."
Holocaust survivors and their children agreed.
Sol Teichman, his brother Samuel and their father were the only family members to survive the Nazi scourge. After surviving Auschwitz and a death march to Dachau where 6,000 fell, they were among the first Jewish refugees admitted to the U.S.
"We should go after them... they should not be forgiven," said Sol Teichman, 82, of Encino, a native of Czechoslovakia. "I lost 100 members of my immediate family... It's something I cannot forget, nor can I forgive."
"I want to see justice done," added the daughter of an 89-year-old Holocaust survivor in Camarillo, who asked that her name not be used. "I'd love to see 'em hang from a tree and let me at 'em."
http://www.dailynews.com/breakingnews/ci_13829525
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Homeless numbers still too high
by John Horn
Updated: 11/19/2009 03:55:41 PM PST
A count of homeless people in Los Angeles showed a dramatic 38 percent decrease in the number of homeless people on the street from the year before. The reaction to the count has brought responses ranging from subdued joy that efforts are working to downright disbelief - "Our shelter is full every night so where is this 38 percent decrease?"
What we make of the 2009 homeless count numbers and how we react is important and meaningful to discuss.
The Los Angeles Homeless Services Authority has conducted homeless counts on multiple occasions, with each count reporting a decrease in the number of homeless people on the street. One can attribute this trend to increased services resulting in fewer people on the street - a positive way to look at the results.
Another way to look at the results is that repeated counts will produce more accurate numbers as count methodologies improve. The 2009 count is the most accurate homeless count in Los Angeles the past 10 years.
But the results should not be celebrated. This year's count documents more than 43,000 homeless people - though lower than last year, still an unacceptable and disturbing number. Think about that for a minute: 43,000 homeless people, enough to fill Staples Center twice over, without a place to call home.
L.A. is still the homeless capital of the United States - a distinction that no city would want. We still have an unacceptable lack of permanent housing options and homelessness is still an all-too-common reality for many men, women and children.
As a person who has worked with the homeless for the past 20 years, I long for the day when homelessness is no longer a reality but a fading memory in Los Angeles. An increased commitment by local government to house the homeless is encouraging. Permanent supportive housing efforts give street-hardened people a place to call home, and rapid re-housing programs work to ensure that individuals and families return to permanent housing as quickly as possible.
These efforts are a good start, but we need to do more. We need an increased number of Section 8 certificates for homeless people in the city of Los Angeles. We need neighborhoods to support efforts to develop permanent housing for the homeless.
We need jobs that pay a living wage to keep people housed for the long term. And we need continued commitment from government leaders, service providers and community supporters to end homelessness in Los Angeles.
The 2009 Homeless Count provides us with the confirmation that our efforts are working and gives us the challenge to work on providing housing for the remaining 43,000 homeless persons.
John Horn is board chairman of the L.A. Coalition to End Hunger and Homelessness and the director of the Valley Shelter for L.A. Family Housing. Readers can contact him via e-mail at johnkhorn67@yahoo.com.
http://www.dailynews.com/opinions/ci_13824251
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Respect for civilian oversight a key priority for LAPD and Chief Beck
by Robert M. Saltzman
Updated: 11/19/2009 03:58:15 PM PST
EARLIER this week, the Los Angeles City Council confirmed LAPD Deputy Chief Charlie Beck as the new chief of police. The mayor chose him from a group of highly qualified candidates selected by the Los Angeles Police Commission.
Beck has big shoes to fill. Former Chief William Bratton had an extraordinarily successful seven years in which the LAPD was transformed in many significant ways.
In order to continue the progress that has so dramatically improved the LAPD, Beck needs to call on his fine political acumen, his proven leadership capabilities, his clear reform-minded vision for the LAPD, along with the creative strategies required to achieve his and the mayor's goals within limited budgets. Central to the success of this effort will be Beck's demonstration of his sincere respect for the value of civilian oversight of the LAPD.
One of Bratton's legacies was to make much of the LAPD as transparent as possible within the limits imposed by California law. That transparency - the opening-up of the LAPD to informed public scrutiny - is crucial to continuing the LAPD's progress.
In our democracy, protection of our freedoms requires the assurance that our police operate lawfully, with the utmost honesty and integrity, and that each citizen receives equal treatment under the law. That assurance is especially important here in Los Angeles, where, unfortunately, some of our police have not always met these rigorous standards and when a few years ago, the LAPD was not responsive to the public or the mayor.
Under the City Charter, the Police Commission serves as the head of the LAPD, setting policies for the department and overseeing its operations. The commission does so in coordination with the chief of police, who reports to the commission. It is in part because of this strong civilian oversight of the LAPD that the city is no longer under the tight control of many hundreds of specific requirements agreed to in a consent decree that was necessary to settle a federal lawsuit charging the LAPD with civil-rights violations.
But for the Police Commission's independence and prominence, it is hard to imagine that the federal court would have ended the expensive outside monitoring of the LAPD without some other assurance that the department would continue to be monitored independently to ensure that it would provide effective and constitutional policing.
We expect our police, as public servants, not only to protect us from harm, but also to protect our rights. We expect the LAPD to protect us from criminals, of course. But, also, when we choose to exercise our constitutional rights - for example, to assemble peacefully or to protest lawfully - we expect the police to protect our rights to do so.
Constitutional policing is not easy. We call upon our police to do just about everything - from basic social work to some of the most dangerous activities imaginable. We rely on them to respond to some of society's most intractable problems. And we expect them to face those challenges while also complying with the highest ethical and professional standards. It is for those reasons that it is so important that the LAPD operate under civilian oversight.
One of Charlie Beck's attributes as a candidate for chief was the key role he played as a command officer for Bratton. Along with others, their hard work transformed the LAPD, reducing crime, diversifying the police force, and implementing reforms designed to end corruption and excessive use of force.
As we welcome Beck as chief, we should be careful to remember that the permanence of those reforms relies on the civilian oversight of the LAPD that monitors them.
Robert M. Saltzman is a member of the Los Angeles Board of Police Commissioners and the former vice president of the Los Angeles City Ethics Commission. He is an associate dean at the USC Gould School of Law.
http://www.dailynews.com/opinions/ci_13824252
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From the Washington Times
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Army lacks guidelines to deal with jihadists in ranks
by Audrey Hudson
The Army has guidelines on how to deal with racist views and actions within the ranks, but none on how to deal with Islamic jihadism, a former Army vice chief of staff told Congress on Thursday.
Retired Army Gen. John M. Keane said this absence of guidance fostered a politically correct reluctance to investigate the man accused in the Fort Hood shootings, Maj. Nidal Malik Hasan.
A military pamphlet created after the 1995 racially motivated shootings at Fort Bragg is the intended guidebook on how to deal with extremist activities and prohibited conduct but is mostly focused on white supremacist behavior, Gen. Keane told the Senate Homeland Security and Governmental Affairs Committee in the first congressional oversight hearing on the Fort Hood shootings.
"Clearly we don't have specific guidelines in dealing with jihadist extremists," Gen. Keane told the Senate homeland security committee.
Most of the witness panel agreed with Sen. John McCain, Arizona Republican, when he asked: "Do you think that political correctness may have played some role in the fact" that there was no in-depth investigation of Maj. Hasan? He is charged with murder in the rampage that left 13 people dead and 29 others wounded.
"There is no doubt in my mind that was operating here," said Gen. Keane, who served as vice chief of staff from 1999 to 2003, capping a 37-year military career.
Frances Fragos Townsend, an assistant to President George W. Bush for homeland security and counterterrorism, agreed that there was a reluctance to investigate Maj. Hasan because he was a senior member of the military, as well as a psychiatrist.
"We can't allow [investigators] to be reluctant to follow the facts, just because they are afraid they will be criticized for not being politically correct," Mrs. Townsend said.
Updating guidelines to teach the military rank and file how to identify Islamic radicals and how to report suspicious activity up the chain of command also could eliminate the fear of being labeled as prejudiced against Muslims, Gen. Keane and Mrs. Townsend said.
"You take some of this burden away from people by having those guidelines. And when you have those guidelines in place, you are clearly saying to the institution that this is important to us, we are not going to tolerate this kind of behavior and we want to identify with immediately to try to curb the behavior through counseling and rehabilitation and, if necessary, separate that individual from the service if it cannot be curbed," Gen. Keane said.
The hearing, led by Sen. Joe Lieberman, Connecticut independent, is the only congressional review of Fort Hood to be moving forward.
President Obama cautioned Congress on Saturday to "resist the temptation to turn this tragic event into the political theater that sometimes dominates the discussion here in Washington."
On Tuesday, Democratic leaders agreed to postpone any congressional action on the shootings after a closed-door meeting with the president's National Security Council.
Mr. Lieberman says his inquiry will not interfere with the criminal investigation.
Lt. Col. Nathan Banks, an Army spokesman at the Pentagon, did not address the general's statement about a lack of anti-jihad guidelines, except to say that the service is "extremely vigilant about any potential activity with extremist organization among its soldiers."
He concluded an e-mail to The Washington Times with: "It is the policy of the Army to provide equal opportunity and treatment for all Soldiers without regard to race, color, religion, gender, or national origin."
After Mr. Lieberman's hearing, Defense Secretary Robert M. Gates announced departmentwide reviews of the shooting that will identify threats among service members, as well as new policies, changes and procedures.
"The shootings at Fort Hood raise a number of troubling questions that demand complete but prompt answers," he told a Pentagon news conference.
An emergency 45-day investigation will be led by former Army Secretary Togo West and former Navy chief Vernon Clark. That probe will focus on policies on discharging service members and related mental health issues, as well as security and emergency response at U.S. military facilities.
A longer six-month review will examine what Mr. Gates called "systemic institutional shortcomings."
"It is prudent to determine immediately whether there are internal weaknesses or procedural shortcomings in the department that could make us vulnerable in the future," Mr. Gates said.
Thursday's testimony focused on the history of homegrown terrorists, increased attacks directed at the military, and whether investigators failed to "connect the dots" between Maj. Hasan and his potential radical activity.
Sen. Susan Collins, Maine Republican and ranking committee member, said there were "warning signs and red flags galore" that investigators missed or ignored.
"There was allegations of communications with other extremists, a Web posting advocating suicide bombing," Mr. McCain said.
"Extremist activities at Walter Reed in that Hasan antagonized some students and faculty by espousing what they perceive to be extremist Islamic views, and of course the most notable is his activities while working at Walter Reed was a medical presentation to fellow students where he included statements such as we love death more than you love life, fighting to establish an Islamic state to please God even by force is condoned by the Islam," Mr. McCain said.
Mr. McCain also asked the panel whether they thought the shooting was an act of terrorism.
"In my mind, I do," Gen. Keane said.
"I think it's hard to imagine that this wasn't an act of terror," Mrs. Townsend said.
Added Juan Carlos Zarate, an adviser for the Center for Strategic and International Studies: "It certainly looks like an act of terror to me."
Only one panelist, Mitchell D. Silber, director of intelligence analysis for the New York City Police Department, declined to answer.
At his Pentagon briefing, Mr. Gates would not comment on that same question.
Maj. Hasan remains hospitalized and is in intensive care at the San Antonio Military Medical Center.
http://www.washingtontimes.com/news/2009/nov/20/army-lacks-guide-on-jihadists-in-ranks//print/
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EDITORIAL
Get ready to bomb Iran
THE WASHINGTON TIMES
Representatives from the United States, Britain, France, Germany, China and Russia are scheduled to meet today in Brussels to discuss future steps to dissuade Iran from developing the capacity to build nuclear weapons. Our message to the world leaders: If you want peace, prepare for war.
President Obama said yesterday that the international community intends to send a "clear message" to Iran. Unfortunately, Iran has clearly gotten the message already: It has nothing to fear. The United States has shown no desire to take serious steps to confront Tehran on the nuclear issue. It's doubtful that anything will come out of Brussels to change the substance of that message.
Iran has learned the lesson of the international community's spectacularly flawed attempt to prevent North Korea from developing nuclear weapons. Years of negotiations, sanctions, agreements, breakdowns and breakthroughs resulted in one of the poorest countries in the world joining the nuclear club. The missing ingredient throughout the confrontation with Pyongyang was the credible threat of force. The idea of a strike against North Korea's nuclear facilities was never on the table, which freed the state to pursue a two-track strategy of pretending to negotiate away its program while pressing ahead on weapons development.
The United States has never really admitted that diplomacy failed with Pyongyang, and Mr. Obama sealed the sense of cognitive dissonance by rewarding the architect of failure, former Assistant Secretary of State for East Asian and Pacific Affairs Christopher R. Hill, with the important ambassadorship in Baghdad.
Tehran is taking a page from Pyongyang's book - indeed, the countries collaborate on nuclear matters - by bending just enough to hold out hope to the diplomats without actually delivering. There is no reason to believe Iran will give up its nuclear program, the true extent of which is still unknown. Yesterday, inspectors from the International Atomic Energy Agency examined the nuclear facility at Qom that Iran had concealed for seven years, and an IAEA report released Monday implies that Iran is hiding other nuclear facilities. It is bewildering that U.S. intelligence agencies still maintain that Iran has no intention of developing nuclear weapons.
The case for using force against Iran is growing more plausible as the threat intensifies. Compared to the 2002 case for war against Saddam Hussein, it is a slam-dunk. Unlike Saddam's Iraq, Tehran has a functioning nuclear program and is close to being able to assemble nuclear weapons. It is developing long-range delivery systems and has tested a rocket that could be the basis for an ICBM. Iran is the world's leading state sponsor of terrorism, with a global network of operatives. Tehran has given safe haven (what it calls house arrest) to dozens of members of al Qaeda and supplied sophisticated anti-armor weapons to Iraqi insurgents and the Taliban to use against coalition forces. Iran is more of a threat than Iraq ever was.
Force need not be used to be effective, but the threat of force must be credible to have any chance of influencing Iranian behavior. Right now, there is no credible threat emanating from the United States. The Obama administration unambiguously opposes military action against Iran, particularly by Israel. But it would help to have a little ambiguity on this issue. So long as Tehran thinks the United States will work actively to prevent Israel from taking action, it has one less reason to worry. It would be most helpful if the United States began to send signals to Tehran that the United States will assist Israel in its preparations for military action and maybe even participate when the attack ultimately is launched.
If the regime in Tehran is not made to fear serious consequences for its continued intransigence, it has no reason to abandon its nuclear ambitions.
http://www.washingtontimes.com/news/2009/nov/20/get-ready-to-bomb-iran//print/
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EDITORIAL
An anti-pirate policy that works
THE WASHINGTON TIMES
Merchant ships need guns to fight pirates. Seven months ago, Somali pirates attacked the Maersk Alabama and held its captain hostage. Pirates attacked the Maersk Alabama again this week but were repulsed because the Maersk Shipping Line put armed guards on its ships.
Pirates successfully attacked another unarmed ship on Monday, leaving 28 members of its crew dead. On Tuesday, 36 crew members of a Spanish ship were released only after pirates were paid a $3.3 million ransom. But when the pirates got within 300 yards of the Maersk Alabama, the ship tried evasive maneuvers and its security team successfully engaged in small-arms fire. Vice Admiral Bill Gortney of the U.S. Naval Forces Central Command said the actions of the Maersk Alabama were following the maritime industry's "best practices."
Things have changed a lot since the first Maersk Alabama attack in April. As late as the beginning of 2009, it was very rare for ships to have armed security guards. Now about 20 percent of the vessels off East Africa are armed, though they are almost exclusively American ships. Gun-control advocates warned about having guns on ships, pointing to possible accidents or misuse. As with armed pilots on airplanes, the fear of guns on ships has not been justified by experience.
It is not practical to depend on the Navy to protect merchant shipping. Aside from the enormous cost, Navy ships cannot be everywhere all the time, and they generally arrive on the scene after an initial action has taken place. It is far better for merchant ships to defend themselves, but a major obstacle exists. Many foreign ports do not allow armed vessels to dock. The U.S. government can help by using diplomatic channels to convince other nations to allow entry to lightly armed ships.
Gun-control proponents keep claiming that banning guns will make people safer, but we suspect that as more ships are armed, fewer will be attacked. What gun controllers refuse to admit is that gun-free zones are a magnet for criminals, terrorists and even pirates.
http://www.washingtontimes.com/news/2009/nov/20/an-anti-pirate-policy-that-works//print/
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From the Wall Street Journal
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More Employers Face Immigration Audits
by CAM SIMPSON and MIRIAM JORDAN
About 1,000 U.S. employers will be audited for immigration violations as the federal government escalates pressure on business owners to resist hiring illegal immigrants.
Authorities said Thursday it was the largest employer crackdown ever; the government in July announced audits of 654 businesses.
Targeted firms will get a notice that federal agents intend to audit compliance with immigration laws and check the eligibility of workers. Violations could lead to fines, as well as civil or criminal charges.
None of the 1,000 companies was named. But each firm is "associated with critical infrastructure," officials said. That's the label the government applies to companies involving, for example, utilities, transportation or communications. Critical infrastructure entities are also seen as national security assets or potential targets for terrorists.
The Obama administration wants to use tough enforcement to win support in a broader campaign for a congressional overhaul of the U.S. immigration system next year. The White House would like to create a way for millions of illegal immigrants in the U.S. to win legal residency and citizenship.
Administration officials and allies in Congress say stronger enforcement of existing immigration laws goes hand-in-hand with efforts to legalize the undocumented.
"The second shoe has fallen," said Tom Roach, an immigration lawyer in Pasco, Wash., who represents farmers, landscapers and other employers of immigrant workers in Washington state. "The Obama administration is getting very serious about punishing employers."
Business groups say the Obama administration's increased focus on employer audits rather than workplace raids, which mostly target employees, is triggering higher costs.
"As reports of more and more workplace audits roll in, the typical story is of employers who have hired workers whose documents appear legitimate, on the books, paying federal and state taxes and Medicare and Social Security," said Craig J. Regelbrugge, of the American Nursery & Landscape Association.
"When companies undergo audits, there is disruption of normal business and a necessity to involve lawyers and consultants," he added. "The direct cost to a business can easily surpass tens of thousands of dollars."
The government chose the 1,000 targeted companies based on leads, officials said, and because the firms have a connection to public safety or national security.
Investigators are "finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said John Morton, an assistant secretary at the Department of Homeland Security.
Of the 654 employers audited earlier this year, almost half of the cases were closed after issuing warnings or finding them in compliance, authorities said Thursday. Officials issued notices for 61 fines totaling more than $2.3 million. Fines were still being weighed in another 267 cases, the government said.
Among those audited this year were several California agricultural businesses.
"It caused tremendous havoc and emotional problems for farmers and staff," said Manuel Cunha, president of the Nisei Farmers League, an association that represents 1,100 growers in California and Arizona. "Farmers had known these workers' families for 10 or 15 years and had trained them to work in management, packing lines...Now we just kick them out the door."
In central California, where unemployment is hovering around 20%, farmers say they cannot find legal workers. "We try to hire people from the unemployment line. These people tell us they aren't trained and prefer a welfare check," said Mr. Cunha.
The surge in enforcement activity, coupled with lack of certainty about immigration reform, has led some U.S. farmers to consider moving their operations to Latin America, where land and labor is abundant.
Mr. Cunha, who is a citrus farmer in central California, said he was meeting with representatives of El Salvador, Honduras and Guatemala about farming opportunities there.
http://online.wsj.com/article/SB125866577819456287.html#printMode
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From the Department of Homeland Security
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Secretary Napolitano, ICE Assistant Secretary Morton and USCIS Director Mayorkas Announce New Campaign to Recognize Employers Committed to Maintaining a Legal Workforce
Release Date: November 19, 2009
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Department of Homeland Security (DHS) Secretary Janet Napolitano today was joined by U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas to announce the new "I E-Verify" campaign to recognize the approximately 170,000 businesses nationwide that seek to maintain legal workforces by using E-Verify—DHS' online system to verify employment eligibility of new hires.
The "I E-Verify" campaign highlights employers' commitment to working with DHS to maintain a legal workforce and reduce the use of fraudulent identity documents through enrollment in the modern and effective E-Verify system.
"E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce," said Secretary Napolitano. "The 'I E-Verify' program will let consumers know which businesses are working hard to follow the law and are committed to protecting employment opportunities."
"Employment verification is not just good business, it's the law," said ICE Assistant Secretary John Morton. "The main reason people enter the United States illegally is the opportunity to work. The public can and should choose to reward companies who follow the law and employ a legal workforce."
"USCIS, in partnership with ICE, is providing tools to companies and engaging with them to help ensure the employment of a legal workforce, a key component of responsible corporate citizenship," said Director Mayorkas.
Today's announcement came at the "2009 Government and Employers: Working Together to Ensure a Legal Workforce" symposium, hosted by ICE and USCIS, where Secretary Napolitano urged businesses to enroll in E-Verify and praised the numerous employers in attendance who are already participating.
Symposium attendees currently participating in E-Verify include:
- American Council on International Personnel (ACIP)
- Cargill Meat Solutions
- Fragomen, Del Ray, Bernsen & Loewy, LLP
- General Dynamics
- H2A Complete LLC
- Hillsborough County
- Hilton Naples
- Immigration and Customs Solutions
- Jackson Lewis LLP
- Keystone Foods
- Marriott International, Inc.
- MASLabor
- North Carolina Growers Association
- Talent Tree, Inc.
- Tyson Foods
- Underwriters Laboratories, Inc.
- University of Utah
- Wal-Mart Stores, Inc.
More than 150 representatives from the private sector and senior managers from ICE, USCIS, the DHS Office of Civil Rights and Civil Liberties, and the Departments of Labor and Justice participated in the symposium—designed to enhance the dialogue between DHS and the private sector about steps businesses can take to employ a legal workforce.
In her remarks, Secretary Napolitano also underscored the message she delivered on comprehensive immigration reform last week—outlining the urgent need for legislation that includes serious and effective immigration law enforcement; a better system for families and workers coming to the United States legally; and a firm but fair way to deal with those who are already here.
E-Verify, which compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers' employment eligibility, is a free web-based system operated by DHS in partnership with the Social Security Administration (SSA). Today, more than 169,700 total employers representing more than 647,500 locations nationwide have enrolled in E-Verify. Since January, more than 7.9 million queries have run through the system.
"I E-Verify" will also recognize employers who are part of the ICE Mutual Agreement Between Government and Employers (IMAGE) Program—which requires E-Verify in addition to other best practice strategies designed to ensure compliance with employment and immigration laws. Under IMAGE, ICE provides employer training on proper hiring procedures, fraudulent document detection and how to use E-Verify. Member companies must enroll in E-Verify, undergo an I-9 audit, adhere to IMAGE best hiring practices and sign an official IMAGE partnership agreement with ICE.
For more information, visit www.ice.gov , www.uscis.gov or www.dhs.gov .
http://www.dhs.gov/ynews/releases/pr_1258640944663.shtm
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Secretary Napolitano Announces Rule Proposing Permanent Global Entry Program
Release Date: November 19, 2009
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the publication of new proposed rule that would establish Global Entry—a U.S. Customs and Border Protection (CBP) voluntary initiative that streamlines the international arrivals and admission process at airports for trusted travelers through biometric identification—as a permanent program.
“Global Entry expedites the customs and security process for trusted air travelers through biometric identification while helping DHS ensure the safety of all airline passengers,” said Secretary Napolitano. “Making Global Entry permanent will improve customer service at airports across the country and enable law enforcement to focus on higher-risk travelers.”
Global Entry—currently available as a pilot program at 20 U.S. international airports—allows pre-approved members a streamlined, automated alternative to regular passport processing lines. The program currently reduces average wait times by more than 70 percent, with more than 75 percent of travelers using Global Entry processed in under five minutes.
The proposed rule published today poses federal regulations that would end the current pilot and make Global Entry permanent—allowing CBP to expand the program to additional U.S. international airports. Those members currently participating in the pilot will have their time credited to the five year membership as proposed in the rule, so there will be no break in membership or need to re-apply when the program becomes permanent.
At Global Entry kiosks, members insert their passport or lawful permanent resident card into a document reader, provide digital fingerprints for comparison with fingerprints on file, answer customs declaration questions on the kiosk's touch-screen, and then present a transaction receipt to U.S. Customs and Border Protection (CBP) officers before leaving the inspection area.
To date, there have been approximately 100,000 admissions with Global Entry by 27,000 members. Global Entry is currently open to citizens of the United States and lawful permanent residents of the United States. Citizens of the Netherlands may also apply under a special reciprocal arrangement that links Global Entry with the Privium program in Amsterdam.
In August, Secretary Napolitano announced the expansion of the Global Entry pilot program to 13 additional airports across the country.
Citizens interested in commenting on this rulemaking—identified by docket number USCBP-2008-0097—may submit written comments by one of the following methods:
- The Federal eRulemaking Portal: www.regulations.gov
- Postal Mail:
Border Security Regulations Branch
Regulations and Rulings
Office of International Trade
Customs and Border Protection
799 9th Street, NW, 5th floor
Washington, DC 20001-4501
Comments must be received by Jan. 19, 2010.
For more information on this or other CBP Trusted Traveler programs, or for an application to enroll in the Global Entry pilot program, please visit: www.cbp.gov/travel or www.globalentry.gov
http://www.dhs.gov/ynews/releases/pr_1258657984894.shtm
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Secretary Napolitano Promotes Holiday Travel Tips for Safety, Security and Health
Release Date: November 19, 2009
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Department of Homeland Security (DHS) Secretary Janet Napolitano today was joined by the Centers for Disease Control and Prevention's (CDC) Dr. Anne Schuchat and Transportation Security Administration (TSA) Acting Administrator Gale Rossides to promote holiday travel tips and highlight the simple steps travelers can take to prevent the spread of the flu.
“Following these simple travel tips will help expedite the screening process at airports and keep travelers healthy and safe throughout the holiday travel season,” said Secretary Napolitano.
TSA's holiday travel tips will help decrease the amount of time passengers spend in line at airport security checkpoints, increase the overall efficiency of airport operations and enhance security by engaging passengers in the shared responsibility of watching out for suspicious activity at airports across the nation.
TSA Travel Tips
- Pay attention to your health before traveling
- The best way to prevent the spread of the flu is to stay home if you're sick or have flu-like symptoms.
- The CDC recommends you get both H1N1 and seasonal flu vaccines.
- Practice good hygiene while traveling
- Cover your mouth when coughing or sneezing.
- Wash your hands regularly to help prevent the spread of germs and illness.
- Ensure your government-issued ID and boarding pass are out and ready
- Getting all travel documents together and ready before you get in line will help security officers quickly verify that you, your identification, and your boarding pass match and are valid.
- Wear easily removable shoes and jackets
- Wearing footwear that can be easily removed helps speed the process for X-ray screening. Be prepared to remove all shoes, jackets and other outerwear for screening.
- Take out liquids and laptops
- Remember the 3-1-1 rule for liquids, gels and aerosols at the checkpoint:
- 3-ounce bottles or less for all liquids, gels and aerosols;
- 1 quart-sized, clear, plastic zip-top bag; and
- 1 bag per passenger placed separately in a security bin for X-ray screening.
- The liquid restriction applies only to carry-on bags. Passengers can pack larger quantities of liquids and gels in checked baggage.
- Be prepared to remove your laptop from its case and place it in separate bin for X-ray screening.
- Use TSA Family Lanes if you or your family needs extra time or assistance
- Last year, TSA expanded its popular Family Lanes to every security checkpoint in the United States.
- Family Lanes allow infrequent travelers, those with small children or passengers who need additional assistance to move through security at their own pace. Officers in these lanes work with passengers to screen medically necessary items like baby formula and insulin.
- Keep an eye out for suspicious activity
- Transportation security is a shared responsibility. The traveling public plays an important role in keeping holiday travel safe.
- Travelers should report all suspicious activities or items to airport security personnel.
- Remember TSA's new Secure Flight program when booking new airline tickets
- Fulfilling a key 9/11 Commission recommendation, TSA is working with airlines to implement Secure Flight.
- Secure Flight prescreens passenger name, date of birth and gender against government watch lists for domestic and international flights—making travel safer and easier by keeping known or suspected terrorists from obtaining a boarding pass.
- In addition, Secure Flight helps prevent the misidentification of passengers who have names similar to individuals on government watch lists.
- When booking airline tickets, use your name as it appears on the government ID you plan to use when traveling—along with your date of birth and gender. Providing this information will clear 99 percent of travelers to print boarding passes at home.
- Airlines are phasing in this program; if you are not prompted for this information when booking travel or if there are small variations between your name and your reservation, don't worry—you will still be able to travel.
For more information on these and other helpful travel tips, please visit www.tsa.gov .
http://www.dhs.gov/ynews/releases/pr_1258656649862.shtm
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From the Department of Justice
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Nineteen Alleged Latin Kings Gang Members Indicted on Federal Racketeering Conspiracy Charge Defendants Allegedly Conspired to Commit Murders, Assaults, Robberies and Arson
A federal grand jury in Greenbelt, Md., has indicted 19 alleged members of the Almighty Latin King and Queen Nation (Latin Kings) for conspiracy to participate in a racketeering enterprise. The indictment was returned under seal yesterday and unsealed today upon the arrests of the defendants.
"Gangs, like the one charged in this indictment, may be relentless in protecting their turf, but we will be relentless in taking it back," said Assistant Attorney General Lanny A. Breuer. "As this case demonstrates, the Justice Department will use all of its authority – including the RICO statute and the federal conspiracy laws – to dismantle gangs, from the lowest-level members to the highest-ranking leaders. Working together with our partners in the U.S. Attorneys' Offices, as well as other federal, state and local agencies, we will make our communities, our neighborhoods, and our children safer by prosecuting these gangs with resolve and determination."
"This case is part of a series of federal racketeering and conspiracy prosecutions in which federal, state and local agencies have joined to target leaders and key members of violent gangs operating in Maryland," said U.S. Attorney Rod J. Rosenstein. "Today's indictment alleges that the Latin Kings gang is an organized criminal enterprise with leaders and members who commit violent crimes. Other federal racketeering cases are pending in Maryland against MS-13, Black Guerilla Family, PDL Bloods and TTP Bloods, and additional gang investigations are ongoing with the support of federal, state and local partners. We believe that this coordinated approach to gang prosecutions is contributing to the reduction in violent crime in Maryland."
"Today we executed the enforcement action on a very violent group of criminals who call themselves the Latin Kings," said ATF Deputy Director Kenneth Melson. "We dismantled a large part of the Latin Kings organization whose members allegedly used violence to secure the sanctity of their private society. We have made a serious impact on violent crime and gang violence. This case is a great example of the efforts of ATF and our law enforcement partners to fight violent crime nationwide."
According to the indictment, the defendants were members of the Latin Kings, a violent street gang with members operating in Maryland since at least 2007. The traditional power centers of the Latin Kings are predominantly located in the Chicago and New York metropolitan areas, with thousands of members scattered across the United States and overseas.
Members of the Latin Kings greet each other using a set of hand-signs, each intended to evoke the shape of a crown, according to the indictment. In addition, Latin Kings often greet one another by exclaiming "ADR" or "Amor De Rey," which means "King's Love" in Spanish. The Latin Kings use symbols depicting three- or five-pointed crowns, lions and Inca- or Aztec-inspired artwork to demonstrate their affiliation. The colors associated with, and often worn by, the Latin Kings are black and gold.
At the local level, groups of Latin Kings are organized into "tribes." The indictment alleges that in the spring of 2007, Miguel Cruz and Erick Roman established the Maryland Latin Kings, calling the tribe the Royal Lion Tribe of Maryland. The indictment charges that from a date unknown to the present, the Latin Kings members conspired to commit attempted murders, robberies, witness tampering and arson to further their racketeering scheme.
For example, the indictment alleges that Latin Kings members stored guns for Erick Roman, and gathered materials for a firebombing ordered by Roman. Gang members allegedly hunted for rival MS-13 members to shoot; kicked and stabbed a suspected MS-13 member near the Marylander Condominiums in Langley Park, Md., in December 2007; and in January 2009, fired shots at MS-13 members at a night club in Queens, N.Y. Latin Kings members allegedly robbed the home of a drug dealer at the Marylander Condominiums and a prostitute at a motel in Laurel, Md.; assaulted and stabbed two victims in Wheaton, Md.; agreed to murder a security guard at an apartment complex near the Marylander Condominiums; and burglarized a gun shop. In the summer of 2009, Francisco Ortiz, Leuri Read and other alleged members attempted to murder a victim by beating him with a wooden object and by stabbing him.
Gang members also allegedly attempted to shoot a victim in the leg for wanting to leave the gang; beat alleged fellow member Joseph Deleon and held another at gunpoint, slicing him with a knife, as punishment for violating Latin Kings rules; created a hit list containing names of Maryland Latin Kings members; and agreed to run background checks on new members and members under investigation. Ortiz, Read, Remy Heath and Brandon Smith allegedly agreed in January 2009 to kill a female gang member for "snitching" on Latin Kings members who had just been sentenced in federal court in Maryland for possession of an unregistered destructive device.
Latin Kings members communicate with members of their own tribe and with members across the country through the Internet and telephone. In October 2008, a member ordered all other members to take down any pictures of "hammers {guns} and knives," on their MySpace pages, due to his belief that the police wanted "to do RICO" on the members. Another member cautioned against talking about shooting people over the telephone.
The indictment charges the following defendants with conspiracy to participate in the racketeering activities of the Latin Kings:
Erick Roman, a/k/a "Erick Javier Sierra," "Malian-T," and "King Malian-T," age 33;
Miguel Cruz, a/k/a "Skibee" and "King Skibee," age 44;
Matthew Aguilar, a/k/a "Mateo" and "King Mateo," age 24;
Miguel Castillo, a/k/a "Colombia" and "King Colombia", age 22;
Joseph Deleon, a/k/a "Spirit" and "King Spirit," age 28;
Andres Echevarria, a/k/a "B-Boy" and "King B-Boy," age 22;
Remy Heath, a/k/a "Remy," "King Remy" and "King Mello," age 25;
Jorge Kilgore, a/k/a "Murda" and King Murda," age 20;
Erick Martinez, a/k/a "Eazie" and "King Eazie," age 19;
Melvin Carlos Nolasco, a/k/a "Joker" and "King Joker," age 22;
Senni Nolasco-Rodriguez, a/k/a "Cano" and "King Cano," age 20;
Francisco Ortiz, a/k/a "Francis Gabriel Ortis," "Pone" and "King Pone," age 25;
Roddy E. Paredes Jr., a/k/a "Guate," "King Guate" and "Walter," age 27;
Leuri Read, a/k/a "Kampana" and "King Kampana," age 21;
Alejandro Ivan Rodriguez, a/k/a "Sombra" and "King Sombra," age 32;
Nelson Santos, a/k/a "Nelly" and "King Nelly," age 26;
Chinua Shepperdson, a/k/a "Nu," "NuNu" and "King Nu," age 27;
Brandon Smith, a/k/a "Little One" and "King Little One," age 25; and
Hugo Soto-Moran, a/k/a "Vision" and "King Vision," age 22. |
The defendants face a maximum sentence of life in prison. The defendants are scheduled to have their initial appearance in U.S. District Court in Greenbelt today starting at 11:00 a.m. One defendant, Remy Heath, is a fugitive.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorneys Emily Glatfelter and David Salem, and Trial Attorney Lara M. Peirce of the Criminal Division's Gang Unit. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement; the Montgomery County Police Department; Montgomery County State's Attorney Office; the Prince George's County Police Department; Prince George's County State's Attorney Office; the New York City Police Department; the Gaithersburg Police Department; the Montgomery County Sheriff's Office; the Prince George's County Sheriff's Office; the Maryland National Capital Park Police - Prince George's County Division; the Maryland State Police; the U.S. Secret Service; and the Internal Revenue Service - Criminal Investigation.
http://www.justice.gov/opa/pr/2009/November/09-crm-1256.html
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Justice Department Recovers $2.4 Billion in False Claims Cases in Fiscal Year 2009; More Than $24 Billion Since 1986 FY09 Recovery Is Second Largest on History
WASHINGTON - The United States secured $2.4 billion in settlements and judgments in cases involving fraud against the government in the fiscal year ending Sept. 30, 2009, the Justice Department announced today. This represents the second largest annual recovery of civil fraud claims in history, and brings total recoveries since 1986, when Congress substantially strengthened the civil False Claims Act, to more than $24 billion.
"Rooting out fraud and safeguarding taxpayers from illegal conduct are among the Justice Department's highest priorities," said Tony West, the Assistant Attorney General for the Civil Division. "I applaud the dedication of the public servants who investigate and prosecute fraud, and the courage of the many private citizens who risk their careers by reporting fraud."
Assistant Attorney General West continued, "The cases that the department pursued this year illustrate the government's commitment to maintaining the integrity of the health care system, ensuring that members of our military and law enforcement community are safe, and protecting consumers from fraudulent schemes. The extraordinary success of this public-private partnership goes far beyond the $2.4 billion recovered to additional billions saved through deterrence and vigilance."
Assistant Attorney General West also commended the substantial efforts of the federal and state agencies that investigate and support these matters. "We are grateful for the dedication of other federal agencies and the state attorneys general and Medicaid Fraud Control Units. This cooperation allows us to bring all of our resources to bear in combating fraud against both the federal and state governments."
The government's partnership with private citizens in the fight against fraud was cemented in 1986, when Congress amended the False Claims Act, the United States' primary tool against government fraud. The amendments strengthened the act by, among other things, revising the statute's qui tam provisions, which were intended to encourage whistleblowers to come forward with allegations of fraud. The 1986 amendments reduced the barriers to citizens suing on behalf of the government and increased the incentives to filing such suits. Assistant Attorney General West paid tribute to the amendments' sponsors, Senator Charles Grassley and Representative Howard L. Berman. "Without Congress' support in enacting this important legislation," the Assistant Attorney General explained, "recovering the billions of taxpayer dollars lost through fraud since 1986 would not have been possible."
Assistant Attorney General West further expressed his gratitude to Senators Grassley and Patrick J. Leahy and Representative Berman for their support of the Fraud Enforcement and Recovery Act of 2009, which made additional improvements to the False Claims Act and other fraud statutes. Noting that several courts had narrowed the scope of the False Claims Act, the Assistant Attorney General stated, "The 2009 amendments clarify the act and give the Justice Department a powerful tool in its efforts to pursue those who cause losses to the United States and harm to taxpayers."
Of the $2.4 billion in settlements and judgments obtained in fiscal year 2009, nearly $2 billion was recovered in lawsuits filed under the False Claims Act's qui tam provisions. These provisions authorize private persons, known as "relators," to file suit on behalf of the United States against those who have falsely or fraudulently claimed federal funds. Such cases run the gamut of federally funded programs, from Medicare and Medicaid to defense and other government procurement contracts, federally insured mortgage and other federal housing programs, disaster assistance loans, agricultural subsidies and more. Persons who knowingly make false claims for federal funds are liable for three times the government's loss plus a civil penalty of $5,500 to $11,000 for each claim. Relators recover 15 to 25 percent of the proceeds of a successful suit if the United States intervenes in the qui tam action, and up to 30 percent if the United States declines and the relator pursues the action alone. In fiscal year 2009, relators were awarded $255 million. (This figure does not include relator shares awarded after Sept. 30, 2009.)
Fiscal year 2009 settlements include two records, both triggered by qui tam suits. In a record settlement of federal Medicaid claims, the state of New York and New York City agreed to pay the United States $540 million. And in a record settlement in a General Services Administration defective pricing case, NetApp Inc. and NetApp U.S. Public Sector Inc. paid the government $128.7 million.
A top priority for this administration is fighting health care fraud. On May 20, 2009, the Attorney General and the Secretary of the Department of Health and Human Services (HHS) announced the creation of a new interagency task force, the Health Care Fraud Prevention and Enforcement Team (HEAT), to increase coordination and optimize criminal and civil enforcement. These efforts not only protect the Medicare Trust Fund for seniors and the Medicaid program for the country's neediest citizens, they result in higher quality health care at a more reasonable price.
In fiscal year 2009, health care fraud recoveries reached $1.6 billion, two-thirds of the year's total. The Department of Health and Human Services reaped the biggest recoveries, largely attributable to its Medicare and Medicaid programs. Recoveries were also made by the Office of Personnel Management, which administers the Federal Employees Health Benefits Program, the Department of Defense for its TRICARE insurance program and the Department of Veterans Affairs, among others.
The largest health care recoveries came from the pharmaceutical and medical device industries, which accounted for $866.7 million in settlements, including Aventis Pharmaceuticals Inc., Bayer HealthCare LLC, Eli Lilly & Company and Quest Diagnostics Inc. and its subsidiary, Nichols Institute Diagnostics Inc. In addition to federal recoveries, these pharmaceutical and medical device fraud cases returned $402 million to state Medicaid programs.
The Civil Division's investigation of the pharmaceutical industry is part of a department-wide effort. The Civil Division is pursuing allegations of a variety of schemes, including "off-label" marketing, which is the illegal promotion of drugs or devices that are billed to Medicare and other federal health care programs for uses that were neither found safe and effective by the Food and Drug Administration (FDA) nor supported by the medical literature; paying kickbacks to physicians, wholesalers and pharmacies to induce drug or device purchases; establishing inflated drug prices knowing that federal health care programs use these prices to reimburse providers, then marketing the "spread" between the federal reimbursement and the provider's lower cost to induce drug purchases; and knowingly failing to report the company's true "best price" for a drug in order to reduce rebates owed to the Medicaid program.
Procurement fraud accounted for a quarter of fiscal year 2009 recoveries with $608.4 million in settlements and judgments, including $422 million attributable to Department of Defense contracts. Of that amount, $59 million related to contracts in support of the wars in Iraq and Afghanistan, including two settlements with The Boeing Company totaling $27 million and a $26.3 million settlement with APL Limited. This brings settlements and judgments in procurement fraud cases involving the wars in Southwest Asia to a total of $76 million, with many matters still pending.
http://www.justice.gov/opa/pr/2009/November/09-civ-1253.html
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From ICE
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3 arrested for role in major San Diego-area human smuggling scheme
ICE, Border Patrol probe revealed ring cut holes in border fence to smuggle illegal aliens
SAN DIEGO - Three defendants are in custody after federal agents executed a series of search and arrest warrants Tuesday targeting a local criminal organization that allegedly smuggled thousands of illegal aliens into the United States over the past several years.
The enforcement actions are the latest developments in a year-long joint investigation by agents from U.S. Immigration and Customs Enforcement (ICE) and U.S. Border Patrol assigned to the Border Enforcement Security Task Force (BEST).
According to court documents, the investigation uncovered a cross-border smuggling organization allegedly run by a San Diego man, Maurilio Mosley. The court documents claim Mosley and his brother Erik, who resides in Tijuana, hired drivers and foot guides, then trained those guides to smuggle illegal aliens into the United States using various methods, including cutting holes in the border fence. After the aliens reached the United States, the drivers transported them to several "drop houses" in the South Bay area. The ring allegedly paid the guides and drivers as much as $1,800 for each group of illegal aliens they smuggled into the country.
As part of Tuesday's operation, ICE and Border Patrol agents, with assistance from the San Diego Sheriff's Department and California Highway Patrol, executed search warrants at several locations allegedly used by the organization to support the smuggling scheme, including the suspected ring leader's Chula Vista apartment and a National City business. Agents seized a variety of evidence at the sites, including five vehicles, nearly $18,000, numerous alien smuggling ledgers and nine counterfeit $100 bills.
"These arrests are a testament to the tireless cooperative efforts of the ICE and Border Patrol agents involved in the case," said Jose Garcia, acting special agent in charge for the ICE Office of Investigations in San Diego. "Over the course of this investigation, they conducted countless interviews and ultimately pieced together the evidence needed to dismantle one of the most persistent, large-scale local smuggling organizations uncovered in recent years."
The three men arrested Tuesday are named in a criminal complaint unsealed in federal court today. They are charged with smuggling and harboring illegal aliens for financial gain and conspiring to do so. They are:
- Maurilio Mosley, 27, of San Diego, the suspected ringleader on the U.S. side;
- Erik Mosley, 24, of Tijuana, the suspected ringleader on the Mexican side; and
- George Sandoval, 42, of San Ysidro, Calif., a driver and recruiter for the organization.
The made their initial appearances in federal court here this morning. The charge of human smuggling for financial gain carries a maximum penalty of 10 years in prison and a related conspiracy charge carries additional penalties.
A complaint itself is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.
http://www.ice.gov/pi/nr/0911/091119sandiego.htm
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From the FBI
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WE NEED YOUR HELP
To Find Civil Rights Victims' Next of Kin |
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11/18/09 |
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After two-and-a-half years of exhaustive investigation into more than 100 civil rights-era cold cases, the FBI has announced the next phase of our Cold Case Initiative: we're looking for the next-of-kin in 33 cases to let families know what happened to their loved ones and to possibly obtain additional investigative information.
So please look over this list , and if you're a family member of one of the victims or think you may know the whereabouts of a family member, contact your local FBI office .
These cases—announced today in Baton Rouge, Louisiana by FBI Civil Rights Unit Chief Cynthia Deitle, along with cold case documentary filmmaker Keith Beauchamp—represent the last remaining investigations from our original list of 108 cold cases released in February 2007. We've done a tremendous amount of work since February 2007 , locating victims' families in 75 cases, enabling us to investigate and assess each one. “Our agents have worked tirelessly, reaching out to victims' families and interviewing witnesses, along with police officers, prosecutors, and judges,” says Deitle. “They've combed through old police records, grand jury transcripts, and court transcripts to piece together a story that may have happened decades ago.
Because of our previous publicity efforts, Deitle adds, “We've also received tips and other help from the public, the media, academia, and our partners at organizations like the NAACP, the Southern Poverty Law Center, and the National Urban League.”
To date, three of our 108 cases have been referred for state prosecution. In other cases, there may be no charges filed because many involve:
- deceased suspects (47 percent of cases);
- individuals who were already tried in state court and can't be prosecuted again in federal court because of double jeopardy;
- deceased witnesses and old evidence that's been destroyed; or
- deaths that weren't racially-motivated homicides (19 percent).
However, several additional cold cases have been prosecuted federally in recent years, including the 1964 murders of Henry Dee and Charles Moore . And we're pursuing leads in other cases, including the 1964 murder of Frank Morris .
Among the 36 victims whose families we're currently looking for:
- Arthur James Hill: shot and killed in August 1965 in Villa Rica, Georgia during an altercation with a group of white men.
- Clarence Horatious Pickett: beaten to death by a police officer in December 1957 in a jail in Columbus, Georgia.
- Ann Thomas: sexually assaulted and shot four times in the head in April 1969 in San Antonio, Texas.
- William Lewis Moore: a postal worker and former U.S. Marine shot and killed in April 1963 near Attalla, Alabama while marching to deliver a letter to the governor of Mississippi urging the integration of the University of Mississippi.
- Ernest Jells: shot to death in October 1963 in Clarksville, Mississippi, by police after he allegedly pointed a rifle at officers attempting to arrest him for stealing a banana.
Once we officially close all 108 cases, we'll continue to look into racially-motivated homicides from the civil rights era that come to our attention. Protecting the rights of all Americans—whether in 1959 or 2009—remains one of our top criminal investigative priorities.
http://www.fbi.gov/page2/nov09/coldcases_111809.html
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Twenty-Six Charged in Nationwide Scheme to Defraud the FCC's Video Relay Service Program
Arrests Made in Nine States
WASHINGTON—Indictments were unsealed today against 26 people charged with engaging in a scheme to steal millions of dollars from the Federal Communications Commission's (FCC) Video Relay Service (VRS) program, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, Assistant Director of the FBI's Washington Field Office Joseph Persichini Jr., Deputy Chief Postal Inspector Zane Hill, and FCC Chief of Staff Edward Lazarus.
Arrests were made today by FBI agents and Postal Inspectors in New York, New Jersey, Florida, Texas, Pennsylvania, Arizona, Nevada, Oregon, and Maryland and were the result of a joint FBI, U.S. Postal Inspection Service (USPIS), and FCC Office of Inspector General (FCC-OIG) investigation into a nationwide scheme to defraud the FCC's VRS program.
“The individuals charged in connection with today's operation are alleged to have stolen tens of millions of dollars from an important government program that is intended to help deaf and hard-of-hearing Americans communicate with hearing persons,” said Assistant Attorney General of the Criminal Division Lanny A. Breuer. “These defendants are alleged to have generated fraudulent call minutes by making it appear that deaf Americans were engaging in legitimate calls with hearing persons, when in reality, the defendants were simply attempting to steal money from an FCC program that is funded by every single American who pays their telephone bills. The Department of Justice will not stand by and let corporate executives and others line their pockets with money that should be used to help deaf Americans.”
“Unfortunately, this remarkable service, designed to help those in need, also provided a growth opportunity for criminal activity that we believe has cost American consumers tens of millions of dollars,” said Joseph Persichini, Jr., Assistant Director of the FBI's Washington Field Office.
“When the U.S. Mail is used for the purposes of committing fraud, and in this case, a particularly insidious type of fraud, it's the job of the Postal Inspection Service to aggressively investigate and ensure America's confidence in the integrity of its postal system,” said Deputy Chief Postal Inspector Zane M. Hill.
“Today's events represent both a tragedy and an opportunity,” said FCC Chief of Staff Edward Lazarus. “The tragedy is the unfortunate truth that a significant number of unscrupulous individuals, at great cost to the nation, have preyed on a very important program for delivering essential telecommunications services to persons with hearing disabilities. The ‘opportunity' is the chance to reiterate our commitment to the VRS program and to follow through on efforts, already begun at the FCC, to safeguard the program against further waste, fraud, and abuse and to improve its delivery of VRS services to consumers.”
The indictments allege that 26 individuals engaged in a scheme to defraud the FCC by submitting false and fraudulent claims for VRS calls, causing the FCC to reimburse the defendants at a rate of approximately $390 per hour. According to the indictments, VRS is an online video translation service that allows people with hearing disabilities to communicate with hearing individuals through the use of interpreters and web cameras. A person with a hearing disability who wants to communicate with a hearing person can do so by contacting a VRS provider through an audio and video Internet connection. The VRS provider, in turn, employs a video interpreter to view and interpret the hearing disabled person's signed conversation and relay the signed conversation orally to a hearing person. VRS is funded by fees assessed by telecommunications providers to telephone customers and is provided at no cost to the VRS user.
The indictments charge owners and employees of the following seven companies with engaging in a scheme to defraud the FCC's VRS program:
- Viable Communications Inc., of Rockville, Maryland;
- Master Communications LLC, of Las Vegas;
- KL Communications LLC, of Phoenix;
- Mascom LLC of Austin, Texas;
- Deaf and Hard-of-Hearing Interpreting Services Inc. (DHIS), of New York and New Jersey;
- Innovative Communication Services for the Deaf Corp. (ICSD), of Miami Lakes, Florida.; and
- Deaf Studio 29 of Huntington Beach, California.
Each of the indictments alleges that the defendants made, caused others to make, or processed fraudulent VRS calls that were then submitted to the FCC for reimbursement. These calls, often referred to as “r calls,” “rest calls” or “run calls,” served no purpose other than to generate call minutes that would be billed to the FCC's VRS Fund.
In the first indictment, Viable Communications Inc. and four Viable executives have been charged with fraudulently generating VRS call minutes and obtaining reimbursements from the FCC for those calls. Viable owner and CEO John Yeh, 62, of Potomac, Maryland; Viable Chief Operating Officer Joseph Yeh, 64, of Potomac; Viable Assistant Vice President Anthony Mowl, 25, of Rockville, Maryland; and Viable Human Relations Director Donald Tropp, 25, of Rockville, have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
In the second indictment, Master Communications, KL Communications, and Mascom owners and employees have been charged with generating fraudulent VRS minutes. According to the indictment, these companies operated VRS call centers for Viable that generated and processed a large volume of fraudulent VRS calls, which were then submitted to the FCC's TRS Fund Administrator for reimbursement. Master Communications, KL Communications and Mascom owner and employee Kim E. Hawkins, 46, of Las Vegas; Master Communications employee and KL Communications owner and employee Larry Berke, 62, of Phoenix; KL Communications employee Dary Berke of Phoenix; KL Communications and Master Communications employee Lisa Goetz, 43, of Phoenix; and Mascom Marketing and Advertising Director David Simmons, 43, of Austin; have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
In the third indictment, DHIS owners and employees have been charged with generating and processing a large volume of fraudulent VRS calls. According to the indictment, DHIS operated VRS call centers for Viable that generated and processed fraudulent VRS calls. DHIS co-owners Irma Azrelyant, 47, of Basking Ridge, N.J., and Joshua Finkle, 41, of New York; DHIS video interpreter Natan Zfati, 31, of Brooklyn, New York; DHIS bookkeeper Oksana Strusa, 35, of Jersey City, New Jersey; DHIS video interpreter Alfia Iskandarova, 29, of Brooklyn; and DHIS video interpreter Hennadii Holovkin, 36, of Philadelphia; have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
In the fourth indictment, ICSD owners and employees have been charged with generating and processing a large volume of fraudulent VRS calls. According to the indictment, ICSD operated VRS call centers for Viable that generated and processed a large number of fraudulent VRS calls. The indictment also alleges that ICSD owners and employees engaged in sham “marketing calls” for the stated purpose of marketing VRS services, but for the alleged true purpose of fraudulently generating additional VRS minutes. ICSD co-owners Yosbel Buscaron, 25, and Lazaro Fernandez, 35, both of Hialeah, Florida; ICSD call center manager Wanda Hutchinson, 35, of Pembroke Pines, Florida; ICSD call center manager Jessica Bacallo, 23, of Miami; and ICSD marketing manager Kathleen Valle, 23, of Miami; have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
In the fifth indictment, defendants Benjamin Pena, Robert Z. Rubeck and Tamara Frankel have been charged with generating fraudulent VRS calls. According to that indictment, Pena was allegedly paid by Viable owner and CEO John Yeh to generate fraudulent VRS minutes. Also according to the indictment, Pena allegedly paid Rubeck and Frankel to make VRS calls for the purpose of generating those fraudulent minutes. Pena, 34, of Scottsdale, Arizona; Rubeck, 34, of Surprise, Arizona; and Frankel, 28, also of Surprise; have been charged in the six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
Deaf Studio 29 owners and employees have been charged in a sixth indictment with generating fraudulent VRS calls. According to the indictment, Marc Velasquez Verson, Ellen Thompson, and Doris Martinez allegedly organized and paid employees to use a particular VRS provider to make run calls. That provider would pay the defendants approximately 20 to 25 percent of the money the provider received from the FCC for the calls generated by the defendants. Velasquez, 56, of Oswego, Oregon; Ellen Thompson, 43, of Lake Oswego, Oregon; and Doris Martinez, 51, also of Oswego; were charged in the six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit wire fraud; and wire fraud.
All of the indictments seek criminal forfeiture from each of the charged defendants.
An indictment is merely an accusation, and defendants are presumed innocent unless proven guilty.
These cases are being prosecuted by Assistant Chief Hank Bond Walther and Trial Attorney Brigham Cannon of the Criminal Division's Fraud Section, with the investigative assistance of the FBI's Washington Field Office, USPIS, and FCC-OIG.
http://washingtondc.fbi.gov/dojpressrel/pressrel09/wfo111909.htm |
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