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  • MIL-OSI Security: Jordanian National Pleads Guilty to Explosives Threats and Attack on Energy Facility

    Source: United States Attorneys General

    Hashem Younis Hashem Hnaihen, 44, of Orlando, pleaded guilty today to four counts of threatening to use explosives and one count of destruction of an energy facility.

    “With this plea, we are holding this defendant accountable for his threats to carry out hate-fueled mass violence in our country, motivated in part by his desire to ‘warn’ businesses because of their perceived support of Israel,” said Attorney General Merrick B. Garland. “The Justice Department will fiercely protect the right of every person to peacefully express their opinions, beliefs, and ideas, but we have no tolerance for acts and threats of hate-fueled violence that create lasting fear.”

    “Today, the defendant is admitting he attacked a solar power facility, damaged a number of Florida businesses, and left a series of threatening messages about perceived support for Israel,” said Director Christopher Wray of the FBI. “Violence, destruction of property, and threats are simply unacceptable. The FBI will work with our partners to pursue and hold accountable those who commit illegal and destructive acts and cause our citizens to fear for their safety and livelihoods.”

    According to court documents, beginning around June, Hnaihen targeted and attacked businesses in the Orlando area for their perceived support for Israel. Wearing a mask, under the cover of night, Hnaihen smashed the glass front doors of businesses and left behind “Warning Letters.”

    In his letters, which were addressed to the U.S. government, Hnaihen laid out a series of political demands, culminating in a threat to “destroy or explode everything here in whole America. Especially the companies and factories that support the racist state of Israel.”

    Hnaihen’s attacks escalated. At the end of June, as law enforcement worked to identify the masked attacker, Hnaihen broke into a solar power generation facility in Wedgefield, Florida, and spent hours systematically destroying solar panel arrays. He smashed panels, cut wires, and targeted critical electronic equipment. Hnaihen left behind two more copies of his threatening demand letter. Hnaihen’s attacks caused nearly $500,000 in damage.

    Following a multiagency effort, law enforcement identified Hnaihen and arrested him on July 11, shortly after another “warning letter” threatening to “destroy or explode everything” was discovered at an industrial propane gas distribution depot in Orlando.

    Hnaihen faces a maximum penalty of 10 years in prison for each threat offense and a maximum penalty of 20 years in prison for the destruction of an energy facility offense. Hnaihen has also agreed to make full restitution to the victims of the offenses. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    The FBI is investigating the case.

    Assistant U.S. Attorney Richard Varadan for the Middle District of Florida and Trial Attorneys Ryan White and George Kraehe of the National Security Division’s Counterterrorism Section are prosecuting the case.

    MIL Security OSI –

  • MIL-OSI Security: United States Joins Lawsuit Against Former Executives of Kabbage Inc. Alleging False Claims Act Violations in Connection with Paycheck Protection Program Lending

    Source: United States Attorneys General 7

    The United States has intervened and filed a complaint against Robert Frohwein, Kathryn Petralia and Spencer Robinson, three former executives of Kabbage Inc., a now-bankrupt financial technology company. The United States alleges that they violated the False Claims Act by submitting and causing the submission of false claims for loan forgiveness, loan guarantees and processing fees to the Small Business Administration (SBA) in connection with Kabbage’s participation in the Paycheck Protection Program (PPP).

    “The PPP was intended to provide critical assistance to eligible businesses during the economic uncertainty caused by the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to ensuring that PPP lenders — including their executives — are held accountable for contributing to the misuse of PPP funds by knowingly failing to comply with applicable program requirements, including approving PPP loans in inflated amounts and to ineligible borrowers.”

    Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide federally guaranteed loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The SBA administered the PPP. The CARES Act authorized private lenders to approve PPP loans for eligible borrowers who could later seek forgiveness of the loans so long as they used loan funds on employee payroll and other eligible expenses. Among other things, participating PPP lenders were required to confirm borrowers’ average monthly payroll costs by reviewing the payroll documentation submitted with the borrower’s application. Lenders were also required to follow applicable Bank Secrecy Act/Anti-Money Laundering requirements to help combat fraud. Any unforgiven or defaulted PPP loans made by lenders were guaranteed by the SBA, so long as the lenders adhered to PPP requirements. Lenders who originated PPP loans were paid a fixed fee calculated as a percentage of the loan amount by the SBA.

    According to the government’s complaint, Frohwein and Petralia co-founded Kabbage in 2008 and served as the company’s chief executive officer and president, respectively, while Robinson formerly served as the company’s head of strategy. Kabbage was approved as a PPP lender in 2020 and approved more than $7 billion in PPP loans that year for which the company was paid more than $217 million in processing fees after certifying that it had complied with all applicable lending requirements.

    The complaint alleges that, between April and October 2020, the defendants knowingly submitted or caused the submission of false claims for loan guarantees, loan forgiveness and processing fees relating to tens of thousands of PPP loans that were systemically inflated due to calculation errors by Kabbage. These errors allegedly included Kabbage’s double-counting of state and local taxes paid by employees and the failure to exclude annual compensation in excess of $100,000 per employee from its calculation of payroll costs. Additionally, the lawsuit alleges that the defendants knowingly submitted or caused the submission of false claims for processing fees related to tens of thousands of PPP loans where Kabbage failed to implement appropriate fraud controls. The government’s complaint alleges that the defendants ignored these violations to maximize PPP processing fees before selling off the majority of Kabbage’s assets in October 2020.

    Kabbage Inc., which is now winding down its operations as KServicing Wind Down Corp. after filing for bankruptcy in the wake of the 2020 asset sale, previously agreed to resolve allegations relating to its role in the submission of false claims to the SBA. As part of that settlement, the United States received a general unsecured claim in the bankruptcy proceeding of up to $120 million, and the company received a credit for $12.5 million that Kabbage returned to SBA during the department’s investigation.

    “The PPP was a light providing hope to businesses in the midst of the shadow of a global pandemic,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “Unfortunately, some unscrupulous lenders and executives took advantage of that situation by lining their pockets with ill-gotten incentive payments from processing PPP loans despite not performing even the most cursory fraud checks or reviews of borrower documentation. Individuals who shirked their responsibilities at the expense of the public fisc must be held accountable. This lawsuit against Kabbage’s former executives demonstrates our firm commitment to holding all parties responsible for their part in causing the submission of false claims to the PPP.”

    “SBA’s lending partners have a responsibility to ensure only eligible borrowers gain access to SBA’s programs,” said Special Agent in Charge Brady Ipock of the SBA Office of Inspector General (SBA OIG)’s Central Region. “SBA OIG stands ready to support the Justice Department in rooting out greed and wrongful actions. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their support and dedication to pursuing justice in this case.”

    The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Paul Pietschner, a former analyst in Kabbage’s collections department. The FCA permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The FCA also permits the United States to intervene in such an action, as it has done in this case. A defendant who violates the act is subject to liability for three times the government’s losses, plus applicable penalties. 

    On May 17, 2021, Attorney General Merrick B. Garland established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

    Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

    Trial Attorney Sarah E. Loucks of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Betty Young for the Eastern District of Texas are handling the matter, with assistance provided by the SBA’s Office of General Counsel and Office of the Inspector General.

    The case is captioned United States ex rel. Pietschner v. Kabbage, Inc., et al., No. 4:21-cv-110-SDJ (EDTX).

    The claims asserted by the United States are allegations only. There has been no determination of liability.

    MIL Security OSI –

  • MIL-OSI Security: Medicare Advantage Provider Independent Health to Pay Up To $98M to Settle False Claims Act Suit

    Source: United States Attorneys General 7

    Independent Health Association and its affiliate, Independent Health Corporation (collectively, Independent Health) have agreed to pay up to $98 million to resolve allegations that they violated the False Claims Act by knowingly submitting or causing the submission of invalid diagnosis codes to Medicare for Medicare Advantage Plan enrollees to increase payments that Independent Health received from Medicare. Independent Health is headquartered in Buffalo, New York.

    Under Medicare Advantage, also known as the Medicare Part C program, Medicare beneficiaries have the option of enrolling in managed care insurance plans called Medicare Advantage Plans (MA Plans). MA Plans are paid a per-person amount to provide Medicare-covered benefits to beneficiaries who enroll in one of their plans. The Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, adjusts the payments to MA Plans based on demographic information and the diagnoses of each plan beneficiary. The adjustments are commonly referred to as “risk scores.” In general, a beneficiary with diagnoses more expensive to treat will have a higher risk score, and CMS will make a larger risk-adjusted payment to the MA Plan for that beneficiary.

    Independent Health operates MA plans for beneficiaries living in western New York. As alleged by the United States, Independent Health created a wholly owned subsidiary, DxID LLC, to retrospectively search medical records and query physicians for information that would support additional diagnoses that could be used to generate higher risk scores, and DxID provided these services to Independent Health and other MA Plans. The United States filed a complaint alleging that, from 2011 through at least 2017, Independent Health, with the assistance of DxID and its founder and chief executive, Betsy Gaffney, knowingly submitted diagnoses to CMS that were not supported by the beneficiaries’ medical records in order to inflate Medicare’s payments to Independent Health.

    “The government expects those who participate in Medicare Advantage to provide accurate information to ensure that proper payments are made for the care received by enrolled beneficiaries,” said Deputy Assistant Attorney General Michael Granston of the Justice Department’s Civil Division. “Today’s result sends a clear message to the Medicare Advantage community that the United States will take appropriate action against those who knowingly submit inflated claims for reimbursement.”

    “To protect the integrity of Medicare and other federal health care programs, my office is committed to ensuring that each and every dollar meant for Medicare beneficiaries is spent appropriately and in accordance with the law,” said U.S. Attorney Trini E. Ross for the Western District of New York. “As this settlement makes clear, we will diligently pursue those who defraud government programs.”

    “Medicare Advantage Plans that attempt to game federal programs for profit must be held accountable through rigorous oversight and enforcement,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to root out fraud, waste and abuse in federal health care programs.”

    Under the terms of the settlement, Independent Health will make guaranteed payments of $34,500,000 and contingent payments of up to $63,500,000 on behalf it itself and DxID, which ceased operations in 2021. The settlement is based on Independent Health’s ability to pay. Gaffney will separately pay $2,000,000.

    In connection with the settlement, Independent Health entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. The CIA requires, among other things, that Independent Health hire an Independent Review Organization to annually review a sample of Independent Health’s Medicare Advantage patients’ medical records and associated internal controls to help ensure appropriate risk adjustment payments.

    The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Teresa Ross, a former employee of Group Health Cooperative, now Kaiser Foundation Health Plan of Washington (Kaiser). Under the qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act permits the government to intervene in such lawsuits as it has done in this case. Ms. Ross will receive at least $8,212,500 of the settlement announced today. Ms. Ross also alleged that Kaiser employed DxID to identify additional diagnoses to be submitted to Medicare for risk adjustment, and the United States previously settled those claims with Kaiser.

    The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS, at 800-HHS-TIPS (800-447-8477).

    Attorneys Samson Asiyanbi and David Wiseman of the Civil Division’s Fraud Section and Assistant U.S. Attorney David Coriell and investigator Peggy McFarland for the Western District of New York handled the matter, with assistance from the HHS-OIG Buffalo Regional Office.

    The case is captioned United States ex rel. Ross v. Independent Health Association et al., No. 12-CV-0299(S) (WDNY).

    The claims resolved by the settlement are allegations only. There has been no determination of liability.

    View the settlement here.

    MIL Security OSI –

  • MIL-OSI USA: Proclamation to Implement the United  States-Israel Agreement on Trade in Agricultural Products and for Other  Purposes

    US Senate News:

    Source: The White House
         1.  On April 22, 1985, the United States and Israel entered into the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel (USIFTA), which the Congress approved in section 3 of the United States–Israel Free Trade Area Implementation Act of 1985 (the “USIFTA Implementation Act”) (Public Law 99-47, 99 Stat. 82 (19 U.S.C. 2112 note)).  Section 4(b) of the USIFTA Implementation Act provides that, whenever the President determines that it is necessary to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, the President may proclaim such withdrawal, suspension, modification, or continuance of any duty, or such continuance of existing duty-free or excise treatment, or such additional duties, as the President determines to be required or appropriate to carry out the USIFTA.  In order to maintain the general level of reciprocal and mutually advantageous concessions with respect to agricultural trade with Israel, on July 27, 2004, the United States entered into an agreement with Israel concerning certain aspects of trade in agricultural products during the period January 1, 2004, through December 31, 2008 (United States-Israel Agreement Concerning Certain Aspects of Trade in Agricultural Products (the “2004 Agreement”)).     2.  In Proclamation 7826 of October 4, 2004, the President determined, pursuant to section 4(b) of the USIFTA Implementation Act and consistent with the 2004 Agreement, that, in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, it was necessary to provide duty-free access into the United States through December 31, 2008, for specified quantities of certain agricultural products of Israel.  Each year from 2008 through 2023, the United States and Israel entered into agreements to extend the period that the 2004 Agreement was in force for 1-year periods to allow additional time for the two governments to conclude an agreement to replace the 2004 Agreement.  To carry out the extension agreements, the President in Proclamations 8334 of December 31, 2008; 8467 of December 23, 2009; 8618 of December 21, 2010; 8770 of December 29, 2011; 8921 of December 20, 2012; 9072 of December 23, 2013; 9223 of December 23, 2014; 9383 of December 21, 2015; 9555 of December 15, 2016; 9687 of December 22, 2017; 9834 of December 21, 2018; 9974 of December 26, 2019; 10128 of December 22, 2020; 10326 of December 23, 2021; 10509 of December 23, 2022; and 10692 of December 29, 2023, modified the Harmonized Tariff Schedule of the United States (HTS) to provide duty-free access into the United States for specified quantities of certain agricultural products of Israel, each time for an additional 1-year period.  On October 31, 2024, the United States entered into an agreement with Israel to extend the period that the 2004 Agreement is in force through December 31, 2025, and to allow for further negotiations on an agreement to replace the 2004 Agreement.  Pursuant to section 4(b) of the USIFTA Implementation Act, I have determined that it is necessary, in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, to provide duty-free access into the United States through the close of December 31, 2025, for specified quantities of certain agricultural products of Israel, as provided in Annex I of this proclamation.    3.  Proclamation 10053 of June 29, 2020, implemented the Agreement between the United States of America, the United Mexican States, and Canada (USMCA) with respect to the United States and, pursuant to section 103 of the United States-Mexico-Canada Agreement Implementation Act (the “USMCA Implementation Act”) (Public Law 116-113, 134 Stat. 11, 15-17 (19 U.S.C. 4513)), incorporated in the HTS the tariff modifications and rules of origin necessary or appropriate to carry out the USMCA.    4.  In order to provide generally for the preferential tariff treatment being accorded under the USMCA, to set forth rules for determining whether goods imported into the customs territory of the United States are eligible for preferential tariff treatment under the USMCA, to provide tariff-rate quotas with respect to certain originating goods of Canada, and to provide certain other treatment to originating goods for purposes of the USMCA, Proclamation 10053 modified the HTS as set forth in Annex I of Publication 5060 of the United States International Trade Commission (the “Commission”), entitled “Modifications to the Harmonized Tariff Schedule of the United States to Implement the United States-Mexico-Canada Agreement” (Publication 5060), including by adding general note 11.  Proclamation 10053 further modified the HTS to reflect the termination of tariff treatment under the North American Free Trade Agreement (NAFTA), as set forth in Annex III of Publication 5060, including by deleting general note 12.     5.  In order to implement the initial stage of duty reduction provided for in the USMCA, to provide for future staged reductions in duties for originating goods provided for in the USMCA, and to provide tariff-rate quotas with respect to certain goods provided for in the USMCA, Proclamation 10053 modified the HTS as set forth in Annex II of Publication 5060.      6.  A technical error was made in the modifications to U.S. note 3(d) to subchapter II of chapter 98 of the HTS, and certain references to general note 12 were inadvertently not modified.  I have determined that additional modifications to the HTS are necessary or appropriate to provide for the intended tariff treatment under the USMCA, including certain technical or conforming changes within the tariff schedule.      7.  Proclamation 7987 of February 28, 2006, implemented the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) with respect to the United States and, pursuant to section 201 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (the “DR-CAFTA Act”) (Public Law 109-53, 119 Stat. 462, 467 (19 U.S.C. 4001 note)), incorporated in the HTS the tariff modifications and rules of origin necessary or appropriate to carry out certain provisions of the DR-CAFTA.      8.  A rule of origin under the DR-CAFTA, found in general note 29 to the HTS, contains a reference to general note 12.  Proclamation 10053 deleted general note 12 but omitted a conforming change to the reference in general note 29.  I have determined that an additional modification to the HTS is necessary or appropriate to reflect this conforming change.     9.  Section 602 of the Consolidated Appropriations Act, 2021 (Public Law 116-260, 134 Stat. 1182, 2152-54), made technical corrections to other laws, including replacing certain references to the NAFTA with references to the USMCA in sections 112 and 113(b) of the African Growth and Opportunity Act (the “AGOA”) (title I of Public Law 106-200, 114 Stat. 251, 258-265 (19 U.S.C. 3721, 3722(b))), as amended by the Africa Investment Incentive Act of 2006 (title VI of Public Law 109-432, 120 Stat. 2922, 3190-94), and in sections 212(a), 213(b), and 213A(b) of the Caribbean Basin Economic Recovery Act (the “CBERA”) (title II of Public Law 98-67, 97 Stat. 369, 384-85, 388 (19 U.S.C. 2702(a)(1), 2703(b), 2703a(b))), as amended by the United States-Caribbean Basin Trade Partnership Act (title II of Public Law 106-200, 114 Stat. 251, 275-288), the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 (title V of Public Law 109-432, 109 Stat. 2922, 3181-87), and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 (subtitle D of Public Law 110-234, 122 Stat. 923, 1527-47).    10.  I have determined that additional modifications to the HTS are necessary or appropriate to provide for the intended tariff treatment under the AGOA and the CBERA, including certain technical or conforming changes within the tariff schedule.    11.  Section 104(c) of the Trade Preferences Extension Act of 2015 (the “TPEA”) (Public Law 114–27, 129 Stat. 362, 365 (19 U.S.C. 2466a note)) authorizes the President to proclaim modifications that may be necessary to add the special tariff treatment symbol “D” in the “Special” subcolumn of the HTS for each article classified under a heading or subheading with the special tariff treatment symbol “A” or “A” in the “Special” subcolumn of the HTS.  Pursuant to section 104(c) of the TPEA, Proclamation 9466 of June 30, 2016, modified the HTS to add the special tariff treatment symbol “D” in the HTS as set forth in Annex III of that proclamation.     12.  The modifications to the HTS authorized in Proclamation 9466 included certain technical errors.  I have determined that additional modifications to the HTS are necessary or appropriate to provide for the intended tariff treatment under the AGOA, as authorized by section 104(c) of the TPEA, including certain technical or conforming changes within the tariff schedule.     13.  Proclamation 6763 of December 23, 1994, implemented, with respect to the United States, the trade agreements resulting from the Uruguay Round of multilateral trade negotiations, including Schedule XX-United States of America, annexed to the Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994 (Schedule XX), that were entered into pursuant to sections 1102(a) and (e) of the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”) (Public Law 100-418, 102 Stat. 1107, 1126 (19 U.S.C. 2902(a) and (e))), as amended by Public Law 103-49, 107 Stat. 239, and approved in section 101(a) of the Uruguay Round Agreements Act (the “URAA”) (Public Law 103-465, 108 Stat. 4809, 4814–15 (19 U.S.C. 3511(a))).      14.  Pursuant to the authority provided in section 111 of the URAA (19 U.S.C. 3521) and sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 2902(a) and (e)), Proclamation 6763 included the staged reductions in rates of duty that the President determined to be necessary or appropriate to carry out the terms of Schedule XX.     15.  Section 1205(a) of the 1988 Act (102 Stat. 1150 (19 U.S.C. 3005(a))) directs the Commission to keep the HTS under continuous review and to periodically recommend to the President such modifications to the HTS as the Commission considers necessary or appropriate to accomplish the purposes set forth in that subsection.     16.  Pursuant to sections 1205(c) and (d) of the 1988 Act (102 Stat. 1150-51 (19 U.S.C. 3005(c) and (d))), in 2010, 2015, and 2021, the Commission recommended modifications to the HTS to conform the HTS to amendments made to the International Convention on the Harmonized Commodity Description and Coding System and the Protocol thereto (the “Convention”).     17.  Section 1206(a) of the 1988 Act (102 Stat. 1151 (19 U.S.C. 3006(a))) authorizes the President to proclaim modifications to the HTS based on the recommendations of the Commission under section 1205 of the 1988 Act if the President determines that the modifications are in conformity with United States obligations under the Convention and do not run counter to the national economic interest of the United States.     18.  Proclamation 8771 of December 29, 2011, Proclamation 9549 of December 1, 2016, and Proclamation 10326 of December 23, 2021, modified the HTS pursuant to section 1206 of the 1988 Act to conform the HTS to the amendments to the Convention.  However, the HTS modifications authorized in Proclamation 8771, Proclamation 9549, and Proclamation 10326 each included certain technical errors.     19.  Proclamation 8771 incorrectly modified the column 2 rate of duty for subheadings 0401.40.25 and 0401.50.25, and the “General” subcolumn rate of duty for column 1 and the column 2 rate of duty for subheading 6505.00.01.  I have determined that additional modifications to the HTS are necessary or appropriate to provide for the intended tariff treatment.     20.  Proclamation 9549 and Proclamation 10326 each created certain new subheadings with the special tariff treatment symbol “A” or “A” in the “Special” subcolumn of the HTS, but omitted the special tariff treatment symbol “D”.  I have determined that additional modifications to the HTS are necessary or appropriate to provide for the intended tariff treatment under the AGOA, including certain technical or conforming changes within the tariff schedule.    21.  Proclamation 10326 also included technical errors with respect to other subheadings.  I have determined that additional modifications to the HTS are necessary or appropriate to provide for the intended tariff treatment, including the tariff treatment previously proclaimed in Proclamation 6763.    22.  In Proclamation 9705 of March 8, 2018, pursuant to section 232 of the Trade Expansion Act of 1962, as amended (the “Trade Expansion Act”) (Public Law 87-794, 76 Stat. 872, 877 (19 U.S.C. 1862)), the President concurred with the finding of the Secretary of Commerce that steel articles, as defined in clause 1 of Proclamation 9705 (as amended by clause 8 of Proclamation 9711 of March 22, 2018), are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the imports of steel articles by imposing a 25 percent ad valorem tariff on such articles imported from all countries except Canada and Mexico.  Proclamation 9740 of April 30, 2018, and Proclamation 9759 of May 31, 2018, modified the HTS to provide quotas with respect to steel articles imported from certain countries.  Proclamation 10328 of December 27, 2021, Proclamation 10356 of March 31, 2022, Proclamation 10406 of May 31, 2022, and Proclamation 10691 of December 28, 2023, modified the HTS to provide tariff-rate quotas with respect to steel articles imported from certain countries.     23.  On July 1, 2024, the Commission, in cooperation with the interagency Committee for Statistical Annotation of Tariff Schedules, implemented certain changes in 10-digit statistical reporting categories of the HTS under section 484(f) of the Tariff Act of 1930 (ch. 497, 46 Stat. 590, 723 (19 U.S.C. 1484(f))), as amended by section 637 of the North American Free Trade Agreement Implementation Act (Public Law 103-182, 107 Stat. 2057, 2202).  I have determined that certain conforming amendments to the HTS are necessary in order to ensure the maintenance of duty rates, quotas, and tariff-rate quotas for steel articles under tariff categories that were modified.    24.  Section 604 of the Trade Act of 1974, as amended (the “Trade Act”) (Public Law 93-618, 88 Stat. 1978, 2073 (19 U.S.C. 2483)), authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions taken thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.      NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 4(b) of the USIFTA Implementation Act, section 104(c) of the TPEA, section 1206(a) of the 1988 Act, section 232 of the Trade Expansion Act, and section 604 of the Trade Act, do proclaim that:      (1)  In order to implement tariff commitments under the 2004 Agreement through December 31, 2025, the HTS is modified as set forth in Annex I of this proclamation.    (2)  The modifications and technical rectifications to the HTS made by Annex I of this proclamation shall enter into effect on the applicable dates set forth in Annex I of this proclamation.    (3)  In order to make the modifications and technical rectifications to the HTS described in paragraphs 3 through 24 of this proclamation, the HTS is modified as set forth in Annex II of this proclamation.  These modifications and technical rectifications shall enter into effect on the applicable dates set forth in Annex II of this proclamation.    (4)  Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.    IN WITNESS WHEREOF, I have hereunto set my hand thistwentieth day of December, in the year of our Lord two thousand twenty-four, and of the Independence of the United States of America the two hundred and forty-ninth.
                            JOSEPH R. BIDEN JR.

    MIL OSI USA News –

  • MIL-OSI USA: Amendments to Executive Orders Relating to Certain Certificates and  Badges

    US Senate News:

    Source: The White House
         By the authority vested in me as President by the Constitution and the laws of the United States of America, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
         Section 1.  Amendments to Executive Order 12793, as Amended.  Executive Order 12793 of March 20, 1992 (Continuing the Presidential Service Certificate and the Presidential Service Badge), as amended by Executive Order 13286 of February 28, 2003 (Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security), is further amended by:
         (a)  Amending section 1 to read as follows:
         “Section 1.  Presidential Service Certificate.  The Presidential Service Certificate (Certificate) is hereby continued, the design of which accompanies and is hereby made a part of this order.  The Certificate shall be awarded in the name of the President of the United States to members of the United States Uniformed Services who have been assigned to the White House Office; to military units and support facilities under the administration of the White House Military Office; or to other direct support positions within the Executive Office of the President (EOP).  The Certificate shall be awarded by the Secretary of the military department concerned, or, when the Coast Guard is not operating as a service in the Navy, by the Secretary of Homeland Security, and, in the case of members of the Commissioned Corps of the National Oceanic and Atmospheric Administration or the Commissioned Corps of the Public Health Service, by the Secretary of Commerce or the Secretary of Health and Human Services, respectively.  The Certificate shall not be issued to any member who is issued a Vice Presidential Certificate, or similar EOP Certificate, for the same period of service.  Such assignment must be for a period of at least 1 year, subsequent to January 21, 1989.”; and
         (b)  Amending section 2 to read as follows:
         “Sec. 2.  Presidential Service Badge.  The Presidential Service Badge (Badge) is hereby continued, the design of which accompanies and is hereby made a part of this order.  The Badge shall be awarded to those members of the United States Uniformed Services who have been granted the Certificate and shall be awarded in the same manner in which the Certificate has been given.  The Badge shall be worn as a part of the uniform of those individuals under such regulations as their respective Secretaries may severally prescribe.”.
         Sec. 2.  Amendments to Executive Order 11926, as Amended.  Executive Order 11926 of July 19, 1976 (The Vice Presidential Service Badge), as amended by Executive Order 13286 and by Executive Order 13373 of March 10, 2005 (Amendments to Executive Order 11926 Relating to the Vice Presidential Service Badge), is further amended by:
         (a)  Amending section 1 to read as follows:
         “Section 1.  There is established a Vice Presidential Service Badge to be awarded in the name of the Vice President of the United States of America to members of the United States Uniformed Services who have been assigned to duty in the Office of the Vice President for a period of at least 1 year subsequent to December 19, 1974, or who have been assigned to perform duties predominantly for the Vice President for a period of at least 1 year subsequent to January 20, 2001, in the implementation of Public Law 93-346, as amended, or in military units and support facilities to which section 1 of Executive Order 12793 of March 20, 1992, as amended, refers.”;
         (b)  Amending section 2 to read as follows:
         “Sec. 2.  The Vice Presidential Service Badge may be awarded, upon recommendation of the Vice President’s designee (with the concurrence of the Director of the White House Military Office in the case of personnel in military units or support facilities to which section 1 of Executive Order 12793, as amended, refers), by the Secretary of the military department concerned, or, when the Coast Guard is not operating as a service in the Navy, by the Secretary of Homeland Security, to military personnel of their respective services who have been assigned to duty in the Office of the Vice President and, in the case of members of the Commissioned Corps of the National Oceanic and Atmospheric Administration or the Commissioned Corps of the Public Health Service so assigned, by the Secretary of Commerce or the Secretary of Health and Human Services, respectively.”;
         (c)  Amending section 4 to read as follows:
         “Sec. 4.  Upon award, the Vice Presidential Service Badge may be worn as a part of the uniform of an individual both during and after their assignment to duty in the Office of the Vice President.”; and
         (d)  Amending section 6 to read as follows:
         “Sec. 6.  Notwithstanding the provisions of sections 1 and 2 of this order, any member of the United States Uniformed Services, who has been assigned to duty in the Office of the Vice President, or who has been assigned to perform duties predominantly for the Vice President, in the implementation of Public Law 93-346, as amended, or in military units and support facilities to which section 1 of Executive Order 12793, as amended, refers, is authorized, unless otherwise directed by the Director of the White House Military Office in the case of personnel in military units and support facilities to which section 1 of Executive Order 12793, as amended, refers, to wear the Vice Presidential Service Badge on their uniform commencing on the first day of such duty and thereafter while assigned to such duty.”.
         Sec. 3.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:
    (i)   the authority granted by law to an executive department or agency, or the head thereof; or
    (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
         (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
         (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
                                 JOSEPH R. BIDEN JR.
    THE WHITE HOUSE,
        December 20, 2024.

    MIL OSI USA News –

  • MIL-OSI USA: 2024 Amendments to the Manual for Courts-Martial, United  States

    US Senate News:

    Source: The White House
         By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946a), and in order to prescribe additions and amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows:
         Section 1.  Part II, Part III, Part IV, and Part V of the Manual for Courts-Martial, United States, are amended as described in the Annex attached to and made a part of this order.
         Sec. 2.  With this order, I hereby prescribe regulations for the randomized selection of qualified personnel as members of a court-martial to the maximum extent practicable, pursuant to section 543 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Public Law 117-263 (10 U.S.C. 825(e)(4)).
         Sec. 3.  Except as provided in sections 4 and 5 of this order, these amendments shall take effect on the date of this order, subject to the following:
         (a)  Nothing in these amendments shall be construed to make punishable any act committed or omitted prior to the date of this order that was not punishable when committed or omitted.
         (b)  Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action begun prior to the date of this order, and any such nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed.
         Sec. 4.  The amendments to Rule for Courts-Martial (R.C.M.) 908(c)(3), R.C.M. 1205(a), and R.C.M. 1209(a)(1) shall take effect on December 22, 2024, subject to the following:
         (a)  Nothing in these amendments shall be construed to make punishable any act committed or omitted prior to the effective date that was not punishable when committed or omitted.
         (b)  Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action begun prior to the  effective date, and any such nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed.
         Sec. 5.  The amendment to R.C.M. 503(a)(1) shall take effect on December 23, 2024, subject to the following:
         (a)  Nothing in this amendment shall be construed to make punishable any act committed or omitted prior to the effective date that was not punishable when committed or omitted.
         (b)  Nothing in this amendment shall be construed to invalidate any nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action begun prior to the  effective date, and any such nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action may proceed in the same manner and with the same effect as if this amendment had not been prescribed.
                                 JOSEPH R. BIDEN JR.
    THE WHITE HOUSE,
        December 20, 2024.

    MIL OSI USA News –

  • MIL-OSI USA: SEC Adopts Rule Amendments to the Broker-Dealer Customer Protection Rule

    Source: Securities and Exchange Commission

    The Securities and Exchange Commission today adopted amendments to Rule 15c3-3 (the customer protection rule) to require certain broker-dealers to increase the frequency with which they perform computations of the net cash they owe to customers and other broker-dealers (known as PAB account holders) from weekly to daily. The Commission also adopted amendments to Rule 15c3-3 and Rule 15c3-1 (the broker-dealer net capital rule) to permit certain broker-dealers that perform a daily customer reserve computation to decrease the required 3 percent “buffer” in the customer reserve bank account by reducing the customer-related receivables, or “aggregate debit items,” charge from 3 percent to 2 percent in the computation.

    “Our markets have dramatically evolved since the 1972 adoption of Rule 15c3-3, otherwise known as the Customer Protection Rule,” said SEC Chair Gary Gensler. “I’m pleased to support this adoption because it helps protect customers and the Securities Investor Protection Corporation Fund, while promoting greater trust in the markets.”

    Broker-dealers may have large deposit requirements that indicate that there may be times when the net amount of cash owed to customers and PAB account holders is substantially greater than the amounts on deposit in the special reserve bank accounts. The amendments will require broker-dealers with average total credits (the amount of cash they owe customers and PAB account holders) equal to or greater than $500 million to make the computations necessary to determine the amounts required to be deposited in the customer and PAB reserve bank accounts daily, as of the close of the previous business day. By reducing the timeframe between computations, the amendments will assist broker-dealers in more dynamically matching the net amount of cash owed to customers and PAB account holders with the amount on deposit in the broker-dealer’s customer and PAB reserve bank accounts. The amendments will also more quickly apply the protective measures of the Rule 15c3-3 reserve requirements to cash of customers and PAB account holders that is newly deposited into the broker-dealer. This will reduce the risk that, if the broker-dealer fails financially, it may be unable to promptly return cash and securities to customers and PAB account holders through an orderly self-liquidation.

    Today’s amendments also recognize that the enhancements to the customer protection measures of Rule 15c3-3 through a daily reserve computation warrant a corresponding reduction of the 3 percent “buffer” that certain broker-dealers must include as part of their customer reserve computation to 2 percent.

    The amendments will become effective 60 days after the date of publication of the adopting release in the Federal Register. Broker-dealers that exceed the $500 million threshold using each of the 12 filed month-end FOCUS Reports from July 31, 2024, through June 30, 2025, must perform the customer and PAB reserve computations daily beginning no later than December 31, 2025 (i.e., six months after June 30, 2025). When the amendments are effective, a carrying broker-dealer may voluntarily perform a daily customer reserve computation and apply the 2 percent aggregate debit items reduction, provided it notifies its designated examining authority in writing at least 30 calendar days prior.

    MIL OSI USA News –

  • MIL-OSI USA: Department of Natural Resources awards $226,000 to Palmyra

    Source: US State of Missouri

    City will plan and design drinking water system improvements

    JEFFERSON CITY, MO, DEC. 20, 2024 – The Missouri Department of Natural Resources has awarded a $226,000 loan to the city of Palmyra for planning and design work related to the city’s ongoing drinking water improvement project.

    These funds will provide vital interim financing to cover early engineering and administrative costs while the city works with the department to secure a larger loan and grant funding package for its drinking water project. The larger project is estimated to cost approximately $3.3 million and construction is estimated to start in 2026.

    The early planning phases of infrastructure projects often represent a significant financial burden for cash-limited communities with water and wastewater needs. The planning and design loan program’s goal is to provide a cost-effective alternative to expensive private financing that will allow communities to develop and deliver vital infrastructure projects for their citizens. These planning and design loans bear no interest and come with a five-year term. The funding provided by the department is estimated to save the city’s ratepayers approximately $30,000 in interest.

    “Grants and low-interest loans through the State Revolving Fund help Missouri communities like Palmyra fund treatment system improvements that they might not have been able to undertake otherwise,” said Dru Buntin, director of the Missouri Department of Natural Resources. “Projects like this ultimately help protect public health and the environment, which improves the quality of life for Missourians.”

    The department’s Drinking Water State Revolving Fund finances improvements to water treatment plants, distribution systems, water storage and supply facilities, along with interconnection or consolidation projects. Communities that borrow from the fund benefit from the below-market interest rate and from assistance provided throughout their project from a project manager.

    The department’s Financial Assistance Center is committed to working with communities to assist with water and wastewater infrastructure improvement projects. This project will be funded wholly or in part with monies received from the U. S. Environmental Protection Agency.

    For more information on wastewater and drinking water funding opportunities, visit dnr.mo.gov/water/what-were-doing/state-revolving-fund-srf.

    MIL OSI USA News –

  • MIL-OSI Security: Two Arizonans Plead Guilty to Fraud Targeting AHCCCS

    Source: Office of United States Attorneys

    PHOENIX, Ariz. – CoEric Riley, 38, of Mesa, pleaded guilty on Tuesday to Healthcare Fraud. His co-defendant, Britney Gooch, 37, of Mesa, also pleaded guilty to Healthcare Fraud on November 21, 2024. Sentencing for Riley and Gooch is scheduled for February 21, 2025, before United States District Judge Krissa M. Lanham.

    Riley and Gooch admitted that they defrauded the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid agency, through their company New Horizons Behavioral Health, a behavioral health clinic in Mesa, Arizona. They further admitted that through New Horizons, they exploited AHCCCS’s American Indian Health Program (AIHP) by falsely billing for services that were not provided to AIHP patients. As a result of the fraudulent billing submissions, Riley and Gooch obtained approximately $3.3 million in illegitimate proceeds from AHCCCS.

    A conviction for Healthcare Fraud carries a maximum penalty of 10 years in prison and a fine of up to $250,000, or both.

    The Federal Bureau of Investigation – Phoenix Division conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
     

    CASE NUMBER:           CR-24-01794-PHX-KML
    RELEASE NUMBER:    2024-179_Riley and Gooch

     

    # # #

    For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
    Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.

    MIL Security OSI –

  • MIL-OSI Security: Colorado Man Sentenced To 60 Months In Prison For Assaulting Federal Officer

    Source: Office of United States Attorneys

    DURANGO – The United States Attorney’s Office for the District of Colorado announces that Daniel Lehi, 44, of Towaoc, Colorado, was sentenced to 60 months in prison and three years of supervised release after pleading guilty to one count of assaulting a federal officer.

    On April 5, 2024, a Bureau of Indian Affairs Officer responded to the Ute Mountain Ute Casino in Towaoc, Colorado, within the exterior boundaries of the Ute Mountain Ute Reservation, on a report of an intoxicated person, later identified as Lehi. Lehi lunged at the officer and struck him in the face. When additional security personnel responded to the incident, Lehi continued to fight until officers were able to subdue him.

    United States District Court Judge Gordon P. Gallagher sentenced Lehi after considering numerous sentencing factors, including the defendant’s history of assaults on law enforcement officers.

    “Assault on a law enforcement officer is a serious offense, and this defendant received a serious sentence for his actions,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “I want to acknowledge the BIA officer for deftly handling a challenging situation.”

    “This attack on a federal officer simply doing his job is unacceptable. We fully support the officer who is a victim in this case and are steadfast in our commitment to pursuing justice in cases involving assaults on law enforcement officers,” said FBI Denver Special Agent in Charge Mark Michalek. “Such acts will not go unanswered, and we will work tirelessly to ensure accountability.”

    The Federal Bureau of Investigation Durango Field Office and the Bureau of Indian Affairs handled the investigation. Assistant United States Attorney Lisa Franceware handled the prosecution.

    Case Number: 1:24-cr-00182-GPG

    MIL Security OSI –

  • MIL-OSI Security: Syracuse Man Pleads Guilty to Distribution and Possession of Child Pornography

    Source: Office of United States Attorneys

    SYRACUSE, NEW YORK – David Hullihen, age 41, of Syracuse, pled guilty today to ten counts of receipt of child pornography. United States Attorney Carla B. Freedman, and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI) made the announcement.

    As part of his guilty plea, Hullihen admitted that he sent multiple videos depicting child sexual abuse material to another person over the application Wire. Hullihen also possessed child sexual abuse material on his cell phone. Hullihen is a registered sex offender with two previous convictions for child pornography offenses in New York.

    The offenses to which Hullihen pled guilty carry a mandatory minimum sentence of 15 years, with a maximum of 40 years imprisonment. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the United States Sentencing Guidelines, and other factors.  However, if Chief United States District Judge Brenda K. Sannes accepts the parties’ agreed-upon disposition at sentencing on April 23, 2025, Hullihen will receive an prison term of 235 months. Hullihen’s sentence must also include a post-imprisonment term of supervised release of between five years and life, a fine of up to $250,000.00, restitution to the children whose images he distributed and possessed, and he will be required to register as a sex offender upon his release from prison. 

    This case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force, the Tiffin, Ohio Police Department, the Syracuse, New York Police Department, and the New York State Police. Special Assistant U.S. Attorney Paul Tuck prosecuted Hullihen as part of Project Safe Childhood. 

    Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

    MIL Security OSI –

  • MIL-OSI Security: Chinese National Indicted for Money Laundering Conspiracy Involving Walmart Gift Cards

    Source: Office of United States Attorneys

    SYRACUSE, NEW YORK – Jun Wang, age 62, a Chinese national and lawful permanent resident of the United States who has lived in Florida and Texas for most of the past 26 years, has been charged by indictment with conspiracy to commit money laundering. United States Attorney Carla B. Freedman and Craig L. Tremaroli Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement. 

    The indictment alleges that between June 2019 and June 2021 Wang received gift cards which had been obtained from victims of wire fraud schemes in the Northern District of New York and elsewhere and that he used the fraudulently obtained gift cards – totaling more than $2 million – at Walmart and Sam’s Club stores in Florida and other states to buy other gift cards and thereby disguise the source and nature of the funds obtained from the fraud victims.

    The charge filed against Wang carries a maximum sentence of 20 years in federal prison, a fine of up to twice the value of the allegedly laundered funds, or $4 million in this case, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

    Wang was arrested several weeks ago at Los Angeles International Airport, and arraigned this week in Binghamton, New York, before Magistrate Judge Miroslav Lovric, after being transported to the Northern District of New York. Judge Lovric ordered Wang detained pending trial, which is expected to be held sometime in 2025 before Senior United States District Judge David N. Hurd.

    The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

    The FBI is investigating the case, which is being prosecuted by Assistant U.S. Attorneys Tamara B. Thomson and Michael F. Perry.

    MIL Security OSI –

  • MIL-OSI Security: Beverly Hills and Ventura County Men Indicted for Allegedly Running NFT Crypto Fraud that Conned Investors Out of More Than $22 Million

    Source: Office of United States Attorneys

    LOS ANGELES – A six-count indictment was unsealed today charging two Southern California men with defrauding investors of more than $22 million in cryptocurrency through a series of digital asset project “rugpulls,” a type of fraud scheme in which the creator of a nonfungible token (NFT) or other digital asset project solicits funds from investors for the project and then abruptly abandons the project and fraudulently retains investors’ funds.

    Gabriel Hay, 23, of Beverly Hills, and Gavin Mayo, 23, of Thousand Oaks, are each charged with one count of conspiracy to commit wire fraud, two counts of wire fraud, and one count of stalking.

    Their arraignments are scheduled for this afternoon in United States District Court in downtown Los Angeles.

    “Whenever a new investment trend occurs, scammers are sure to follow,” said United States Attorney Martin Estrada. “My office and our law enforcement partners will continue our efforts to protect consumers and punish wrongdoers involved in crypto fraud.”

    “Gabriel Hay and Gavin Mayo allegedly defrauded investors in digital asset projects of tens of millions of dollars and threatened an individual who attempted to expose their roles in these fraudulent schemes,” said Principal Deputy Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Fraudsters take advantage of new technologies and financial products to steal investors’ hard-earned money. The department is committed to protecting investors and will continue to work with our law enforcement partners to root out fraud involving cryptocurrency and other digital assets and bring offenders to justice.”

    “For three years, Hay and Mayo allegedly lied to their investors in order to defraud them out of millions of dollars,” said HSI Executive Associate Director Katrina W. Berger. “Such technological fraud schemes cost investors millions of dollars every year. Just because such crimes aren’t violent does not mean they are victimless. HSI will continue to investigate, disrupt, and dismantle such cryptocurrency fraud networks.”

    According to court documents, from May 2021 to May 2024, Hay and Mayo sponsored several NFT and other digital asset projects and undertook promotional activities in support of those projects. Hay and Mayo allegedly made or caused others to make materially false and misleading statements regarding the digital asset projects being launched and provided false and misleading project “roadmaps” detailing plans for the NFTs or digital asset projects after their launch that the sponsors never intended to fulfill.

    For example, the indictment alleges that in promoting the Vault of Gems NFT project, Hay and Mayo falsely claimed that the project would be the “first NFT project to be pegged to a hard asset.” However, instead of pursuing the Vault of Gems project or others as they had represented they would, Hay and Mayo allegedly abandoned the projects after collecting millions in funds from investors.

    Hay, Mayo, and others allegedly used these tactics with a variety of other digital asset projects, including Vault of Gems, Faceless, Sinful Souls, Clout Coin, Dirty Dogs, Uncovered, MoonPortal, Squiggles, and Roost Coin. Hay and Mayo also allegedly used a variety of means to conceal their involvement in the fraudulent projects by falsely identifying other individuals or causing other individuals to be falsely identified as owners of the projects.

    When one project manager on the Faceless NFT project exposed Hay and Mayo as being behind that project, Hay and Mayo allegedly embarked on a harassment campaign against the project manager, sending or causing the sending of messages to the project manager and his parents for the purpose of intimidating him and his family and causing them great emotional distress.

    “Using NFTs to commit fraud not only exploits emerging technology but also erodes trust in the broader digital ecosystem,” said Special Agent in Charge Michael McCarthy of Homeland Security Investigations (HSI). “The alleged actions of Hay and Mayo, who defrauded investors out of millions over several years, highlight the profound harm these schemes cause. These crimes may not involve violence, but they leave countless victims in their wake. HSI remains dedicated to exposing and dismantling cryptocurrency fraud schemes to protect investors and ensure that technological advancements are used to drive progress, not deception.”

    An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    If convicted, they each face a maximum penalty of 20 years in prison on each of the conspiracy and wire fraud counts and a maximum penalty of five years on the stalking count.

    The HSI Baltimore Field Office is investigating the case.

    Assistant United States Attorney Maxwell K. Coll of the Cyber and Intellectual Property Crimes Section and Justice Department Trial Attorneys Tian Huang and Tamara Livshiz of the Criminal Division’s Fraud Section, both members of the National Cryptocurrency Enforcement Team (NCET), are prosecuting this case.

    The NCET was established to combat the growing illicit use of cryptocurrencies and digital assets. Within the Criminal Division’s Computer Crime and Intellectual Property Section, the NCET conducts and supports investigations into individuals and entities that are enabling the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers. The NCET also works to set strategic priorities regarding digital asset technologies, identify areas for increased investigative and prosecutorial focus, and lead the department’s efforts to collaborate with domestic and foreign government agencies as well as the private sector to aggressively investigate and prosecute crimes involving cryptocurrency and digital assets. 

    MIL Security OSI –

  • MIL-OSI Security: U.S. Attorney, FBI Announce Federal Charges Against Arizona Man for Sexual Abuse

    Source: Office of United States Attorneys

    ALBUQUERQUE – A Whiteriver man has been charged with two counts of sexual abuse.

    The indictment alleges that between August 1, 2021, and August 31, 2021, Fernando Yatsatie, Jr., 47, a member of the Zuni Pueblo, unlawfully engaged in and attempted to engage in sexual acts using threats and intimidation.

    Yatsatie will remain in custody pending trial, which has not been scheduled. If convicted, Yatsatie faces any term of years up to life in prison.

    U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

    The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

    An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    # # #

    MIL Security OSI –

  • MIL-OSI Security: Bank General Counsel Pleads Guilty to Offenses Stemming from $7.4 Million Embezzlement Scheme

    Source: Office of United States Attorneys

    JAMES BLOSE, 56, of Fairfield, waived his right to be indicted and pleaded guilty today in New Haven federal court to offenses stemming from a decade-long embezzlement scheme at banks where he served as General Counsel and held other high-ranking positions.

    The announcement was made by Vanessa Roberts Avery, United States Attorney for the District of Connecticut; Robert Fuller, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation; Harry T. Chavis, Jr., Special Agent in Charge of IRS Criminal Investigation in New England; and Brian Tucker, Special Agent in Charge of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s Office of the Inspector General, Eastern Region.

    According to court documents and statements made in court, from approximately 2013 to January 2022, Blose was an attorney and held high-ranking positions, including General Counsel, at Hudson Valley Bank and Sterling National Bank.  From approximately January 2022, when Webster Bank acquired Sterling National Bank, until February 2023, Blose served as Executive Vice President and General Counsel and Corporate Secretary at Webster Bank.

    From approximately 2013 until Webster Bank discovered his scheme and his employment was terminated in February 2023, Blose defrauded his employers (“The Bank”) in various ways.  In certain commercial loan transactions where The Bank was the lender, Blose fraudulently retained for himself portions of closing costs, including legal fees.  In certain real estate transactions in which The Bank was the seller, Blose retained portions of the sale proceeds for himself.  For some of the real estate transactions, Blose created false documents in order to hide his theft from The Bank.  Blose also stole from The Bank in other ways.

    As part of the scheme, used his attorney trust accounts to make personal expenditures, and to transfer funds to accounts in the names of business entities he created and controlled, and then used those funds for his personal benefit.  Through this scheme, Blose stole approximately $7.4 million from his employers.

    Blose pleaded guilty to one count of bank fraud, which carries a maximum term of imprisonment of 30 years, and one count of engaging in illegal monetary transactions, which carries a maximum term of imprisonment of 10 years.  He is released on a $250,000 bond pending sentencing, which is scheduled for March 13 in Hartford.

    This investigation has been conducted by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s Office of the Inspector General.  Financial crimes investigators from Webster Bank assisted the investigation.

    This case is being prosecuted by Assistant U.S. Attorneys Michael S. McGarry and Ross Weingarten.

    MIL Security OSI –

  • MIL-OSI: Ninepoint Partners Announces Estimated December 2024 Cash and Annual Notional Distributions for ETF Series Securities

    Source: GlobeNewswire (MIL-OSI)

    TORONTO, Dec. 20, 2024 (GLOBE NEWSWIRE) — Ninepoint Partners LP (“Ninepoint Partners”) today announced the estimated December 2024 cash distributions and annual notional capital gains distributions for its ETF Series securities. The record date for the distributions is December 31, 2024 for all the ETF Series securities listed in the table below. All distributions are payable on January 8, 2025.

    Please note that these are estimated amounts only and have been calculated based upon information as of December 13, 2024.  The final distributions may change due to subscriptions or redemptions activity before the ex-dividend date or other factors.

    For the annual notional capital gains distributions, these will be reinvested in additional units of the respective ETF Series securities and do not include any cash distribution amounts for December. The additional units will be immediately consolidated so that the number of units outstanding following the distribution will equal the number of units outstanding before the distribution.

    The actual taxable amounts of distributions for 2024, including the tax characteristics of the distributions, will be reported to CDS Clearing and Depository Services Inc. in early 2025. Securityholders can contact their brokerage firm for this information.

    The per-unit estimated December distributions are detailed below:

    About Ninepoint Partners

    Based in Toronto, Ninepoint Partners LP is one of Canada’s leading alternative investment management firms overseeing approximately $7 billion in assets under management and institutional contracts. Committed to helping investors explore innovative investment solutions that have the potential to enhance returns and manage portfolio risk, Ninepoint offers a diverse set of alternative strategies spanning Equities, Fixed Income, Alternative Income, Real Assets, F/X and Digital Assets.

    For more information on Ninepoint Partners LP, please visit www.ninepoint.com or please contact us at (416) 943-6707 or (866) 299-9906 or invest@ninepoint.com.

    Ninepoint Partners LP is the investment manager to the Ninepoint Funds (collectively, the “Funds”). Commissions, trailing commissions, management fees, performance fees (if any), and other expenses all may be associated with investing in the Funds. Please read the prospectus carefully before investing. The information contained herein does not constitute an offer or solicitation by anyone in the United States or in any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation.

    Prospective investors who are not resident in Canada should contact their financial advisor to determine whether securities of the Fund may be lawfully sold in their jurisdiction.

    Please note that distribution factors (breakdown between income, capital gains and return of capital) can only be calculated when a fund has reached its year-end. Distribution information should not be relied upon for income tax reporting purposes as this is only a component of total distributions for the year. For accurate distribution amounts for the purpose of filing an income tax return, please refer to the appropriate T3/T5 slips for that particular taxation year. Please refer to the prospectus or offering memorandum of each Fund for details of the Fund’s distribution policy.

    The payment of distributions and distribution breakdown, if applicable, is not guaranteed and may fluctuate. The payment of distributions should not be confused with a Fund’s performance, rate of return, or yield. If distributions paid by the Fund are greater than the performance of the Fund, then an investor’s original investment will shrink. Distributions paid as a result of capital gains realized by a Fund and income and dividends earned by a Fund are taxable in the year they are paid. An investor’s adjusted cost base will be reduced by the amount of any returns of capital. If an investor’s adjusted cost base goes below zero, then capital gains tax will have to be paid on the amount below zero.

    Sales Inquiries:

    Ninepoint Partners LP
    Neil Ross
    416-945-6227
    nross@ninepoint.com

    The MIL Network –

  • MIL-OSI: Independent Bank Corporation Announces Date for its Fourth Quarter 2024 Earnings Release

    Source: GlobeNewswire (MIL-OSI)

    GRAND RAPIDS, Mich., Dec. 20, 2024 (GLOBE NEWSWIRE) — Independent Bank Corporation (NASDAQ: IBCP), the holding company of Independent Bank, a Michigan-based community bank, announced that it expects to issue its 2024 fourth quarter results on Thursday, January 23, 2025, at approximately 8:00 am ET. The release will be available on the Internet at IndependentBank.com within the “News” section of the “Investor Relations” area of the Company’s website.

    Brad Kessel, President and CEO, Gavin Mohr, CFO and Joel Rahn, EVP Commercial Banking will review the quarterly results in a conference call for investors and analysts beginning at 11:00 am ET on Thursday, January 23, 2025.

    To participate in the live conference call, please dial 1-833-470-1428 (Access Code # 213949). Also the conference call will be accessible through an audio webcast with user-controlled slides via the following event site/URL: https://events.q4inc.com/attendee/519785754.

    A playback of the call can be accessed by dialing 1-866-813-9403 (Access Code # 178534). The replay will be available through January 30, 2025.

    About Independent Bank Corporation

    Independent Bank Corporation (NASDAQ: IBCP) is a Michigan-based bank holding company with total assets of approximately $5.3 billion. Founded as First National Bank of Ionia in 1864, Independent Bank Corporation operates a branch network across Michigan’s Lower Peninsula through one state-chartered bank subsidiary. This subsidiary (Independent Bank) provides a full range of financial services, including commercial banking, mortgage lending, investments, insurance and title services. Independent Bank Corporation is committed to providing exceptional personal service and value to its customers, stockholders and the communities it serves.

    For more information, please visit our website at: IndependentBank.com.

    Contact:   William B. Kessel, President and CEO, 616.447.3933
        Gavin A. Mohr, Chief Financial Officer, 616.447.3929

           

    The MIL Network –

  • MIL-OSI Europe: President Meloni’s statement on Magdeburg Christmas market attack

    Source: Government of Italy (English)

    20 Dicembre 2024

    I am deeply shocked by the brutal attack against a defenceless crowd at the Christmas market in Magdeburg. Mine and the entire government’s sympathies go to the families of the victims, the injured and all of the German people. There can be no room for violence in our democracies.

    [Courtesy translation]

    MIL OSI Europe News –

  • MIL-OSI United Nations: Amid Growing Strength of Terrorist Groups in Sahel, West Africa, Senior Official Urges Security Council to Scale Up Support within Regional Frameworks

    Source: United Nations General Assembly and Security Council

    In a region grappling with escalating threats due to violent non-State actors, civic restrictions, political transitions and heightened humanitarian needs, the head of UN efforts in West Africa and the Sahel called on the Security Council for scaled up support within regional frameworks, as speakers welcomed small signs of progress on the democratic front.

    Leonardo Santos Simão, Special Representative of the Secretary-General and Head of the United Nations Office for West Africa and the Sahel (UNOWAS), presenting the latest Secretary-General’s report (document S/2024/871), reported that he just attended the 15 December Economic Community of West African States (ECOWAS) Summit, where Heads of State took note of the decision of Burkina Faso, Mali and Niger to withdraw from the organization.  ECOWAS responded with an offer of six months for dialogue to encourage those countries to remain, he added.  Regional leaders unanimously acknowledge insecurity as the region’s most urgent concern, with terrorists becoming increasingly aggressive, and utilizing sophisticated weaponry, including drones, he said, also drawing attention the spread, beyond the Sahel, of violent extremism and organized crime to northern Benin and Togo, and the Gulf of Guinea countries.

    To address such threats, he called for the Council to scale up support within regional frameworks.  While the announced operationalization of the ECOWAS Standby Force is a positive step, the Group of Five for the Sahel (G5 Sahel) joint force has ceased operations, and the Accra Initiative is undergoing restructuring, to model the Multinational Joint Task Force, “the primary security cooperation mechanism in the Lake Chad Basin region, and the only functioning platform for cooperation on regional security in West Africa and the Sahel”.  He went on to highlight a trip in November to Chad with Special Representative Abdou Abarry, Head of the United Nations Regional Office for Central Africa (UNOCA), during which they met the Lake Chad Basin Commission as well as a camp for internally displaced persons — of whom the country presently hosts 2 million, amid severe flooding, with the worsening humanitarian situation in other countries leading to further displacement.  In this context, he urged support for the underfunded humanitarian appeal, which is less than 50 per cent funded.  Addressing climate resilience, he spotlighted meetings held between stakeholders to discuss the transboundary management of water at the 2024 UN Climate Change Conference in Baku, and welcomed the visit, in December, of the Council’s informal expert group on climate change, peace and security to the Lake Chad Basin region.

    On human rights issues, he deplored the closing of 8,200 schools in the region, due to insecurity and expressed concern about persisting human rights violations and civic restrictions in Guinea and Central Sahel.  However, he welcomed progress in fighting impunity, citing the conviction of those responsible for the 2009 Guinea stadium massacre.  Detailing progress in the region on the democratic front, he noted his visit to Ghana during the presidential and legislative elections; as well as taking note of legislative elections in Senegal on 17 November, Côte d’Ivoire on track to its 2025 presidential elections and Liberia making progress in democratic consolidation.  However, in Guinea-Bissau, the parliamentary elections planned for November 2024 have been postponed sine die, he said, also pointing out that, in the Gambia, 2025 will be a critical year for the adoption of constitutional reforms, due to a political environment in which consensus has eroded.

    The Council also heard from Levinia Addae-Mensah, Executive Director, West Africa Network for Peacebuilding, a network encompassing 750 civil society organizations across the region, who described a “heightened security threat profile”, leading to expanding zones of instability and ungoverned spaces in the region, due to recent democratic transformations and security challenges stemming from the growing strength of terrorist and violent extremist groups in the Sahel and some coastal States.  Citing data from the group’s early warning system indicates that 76 per cent of armed attacks occurred around tri-border communities with inadequate State presence, she pointed out that “cascaded negative effects” of such dynamics led to challenges, including the closing of 12,000 schools, exacerbating the vulnerability of girls to early marriage, female genital mutilation and trafficking.

    Despite these challenges, she took note of positive trends, including progress towards democratic governance in Liberia, Senegal and Ghana; strengthened early warning systems and response mechanisms; and development of national and local infrastructures for peace.  Despite the shrinking of civic spaces, her organization is strengthening resilience through initiatives, such as Security Consultative Committees, which it introduced in Mali, she said, pointing out that such “a dichotomous reality” underscores the value of organic approaches to peacebuilding.  In closing, she highlighted processes that presented opportunities to reset approaches to addressing threats in the region, including the 2025 review of United Nations Peacebuilding Architecture and the Africa Facility to Support Inclusive Transitions.

    In the ensuing discussion, many speakers echoed concerns about the security situation in the region, with several urging support for regional security initiatives. Among them was the representative of Sierra Leone, co-penholder on the file, speaking also for Algeria, Guyana and Mozambique, who urged predictable funding for regional security mechanisms, spotlighting the importance of the Multinational Joint Task Force in fighting terrorist groups in the Lake Chad Basin, and the potential of a fully operationalized Accra Initiative in addressing security threats, including the recruitment and radicalization of young people in the region.

    Switzerland’s delegate called for a holistic approach to security, stressing that insecurity also hinders the improvement of the socioeconomic and humanitarian situation in the region.  Voicing alarm about the persistence and spread of armed conflict, terrorism and violent extremism, she said:  “It is necessary to engage in actions to maintain and promote dialogue and social cohesion, and to tackle the root causes of fragility.”

    The representative of the Republic of Korea concurred, pointing out that the “lack of coordinated regional responses and fragmented counter-terrorism efforts heighten the risk of terrorist expansion across the Central Sahel and into coastal States”.  He therefore encouraged ECOWAS and regional States to foster effective collaboration to counter terrorism and transnational organized crime, an appeal echoed by the representative of Japan.

    Also on the security front, the United Kingdom underscored that “private military security companies — like the Wagner Group and Africa Corps — are not the answer”.  Rather, these entities have a track record of worsening existing conflicts and undermining long-term development and stability.  On the deteriorating humanitarian situation in the region, he called for more humanitarian access, highlighting his Government’s support for more than 16 million people in the Sahel since 2019.

    Similarly, the representative of the United States, Council President for December, speaking in her national capacity, warned that, amid Governments’ struggle to reclaim control over territory, leaders who engage in heavy-handed counter-terrorism tactics, while neglecting to address the drivers of marginalization, are only worsening the security situation.

    However, the Russian Federation’s delegate countered that the fractious security situation “is the heavy burden of the consequences of the military aggression waged by Western countries against Libya — a burden borne, to this day, by all States in the region”.  Long-term stability in the Sahel requires the international community to support Mali, Niger and Burkina Faso “who stand at the forefront of the fight against pan-African terrorist groups”, she added, also stressing that the Council should respect the decision by members of the Alliance of Sahel States to leave ECOWAS.

    Meanwhile, China’s delegate called for the international community to “maintain necessary patience” with countries in transition and provide them with “small constructive support”. Countries in the region must foster collective security and continuously enhance counter-terrorism cooperation, he said.  To that end, his country, as announced at the Beijing Summit of the Forum on China-Africa Cooperation in September, will provide expertise and support to the African Centre for the Study and Research on Terrorism and United Nations Office of Counter-Terrorism Programme Office for Counter-Terrorism and Training in Africa.

    Malta’s delegate was among several speakers highlighting democratic concerns, welcoming Ghana’s introduction of a 40 to 50 per cent target of women in elected and appointed positions.  However, she urged transitional Governments to adhere to previously agreed electoral timelines, pointing to postponed elections in Guinea-Bissau and Burkina Faso, as well as similar negative trends in the Gambia and Nigeria.

    Addressing the humanitarian picture, Guyana’s representative, also speaking for Switzerland, as the Council’s informal co-focal points on conflict and hunger, noted that, according to the UN Office for the Coordination of Humanitarian Affairs, 48.6  million people throughout the region were projected to experience food insecurity in the “critical June and August lean period”, mainly due to worsening security conditions in Burkina Faso, Mali, Niger and Nigeria.  She called for increased international support, particularly in capacity-building; respect for international humanitarian law to protect humanitarian personnel, as well as objects indispensable to civilian survival; and a comprehensive overview that acknowledges the interrelated nature of existing and emerging challenges, including food insecurity.

    Many delegates drew attention to the exacerbating impact of climate change on the regional humanitarian situation, including Ecuador’s representative, who called on the international community to intensify its efforts in providing aid, and Slovenia’s delegate, who warned that:  “Crop failures, combined with the local grievances and ongoing instability create a fertile ground for recruitment by extremist armed groups.”  In this context, she echoed the Secretary-General’s call for countries in the region and ECOWAS to develop conflict-sensitive climate adaptation plans as part of comprehensive peacebuilding strategies.

    France’s representative concurred, observing that, by making access to resources difficult, climate change impacts “are an additional hurdle in West Africa”.  France has therefore renewed its support to regional climate, peace and security mechanisms to address these challenges.  He added that improving the situation in the region requires a peaceful political climate, common commitment by all actors to pursue dialogue, a return to constitutional order and universal respect for human rights and the freedoms of association and expression.

    NEW – Follow real-time meetings coverage on our LIVE blog.

    MIL OSI United Nations News –

  • MIL-OSI Canada: Manitoba Government Tax Credits for Homeowners, Renters to Save Manitobans Money in 2025

    Source: Government of Canada regional news

    December 20, 2024

    Manitoba Government Tax Credits for Homeowners, Renters to Save Manitobans Money in 2025

    Manitoba government tax credits introduced in Budget 2024 and coming into effect in the new year will put more money into the pockets of Manitoba homeowners and renters, Finance Minister Adrien Sala announced today.

    “The previous government wanted to give breaks to out-of-province billionaires. We’re taking a different approach,” said Sala. “These new tax credits will provide help for all Manitobans, but particularly those who need it most.”

    Introduced in Budget 2024, the $1,500 Homeowners Affordability Tax Credit will benefit more than 80 per cent of Manitobans, the minister noted.

    The School Tax Rebate for farm properties is being maintained at 50 per cent as part of the Manitoba government’s commitment to support producers and their families, noted the minister.

    This new tax change will make it easier for young Manitobans to buy their first home and easier for homeowners to afford their mortgage payments, the minister added.

    Starting in the new year, the maximum Renter’s Tax Credit will be increased to $575, which marks the first step to the Manitoba government’s four-year commitment of fully restoring the Renter’s Tax Credit to $700. 

    – 30 –

    MIL OSI Canada News –

  • MIL-OSI New Zealand: Road Closed, SH1, Horeke

    Source: New Zealand Police (District News)

    State Highway One is closed following a serious crash in Horeke this morning.

    Emergency services were alerted to the single vehicle crash on State Highway One near Rangiahua Road at around 9.20am.

    Initial indications suggest there are serious injuries.

    The Serious Crash Unit has been advised.

    The road is closed, and diversions are in place.

    Motorists are advised to avoid the area and expect delays.

    ENDS

    MIL OSI New Zealand News –

  • MIL-OSI New Zealand: Police respond to family harm incident in Blenheim

    Source: New Zealand Police (National News)

    Attribute to Marlborough Area Commander Inspector Simon Feltham

    Police remain near a residential address in Blenheim this morning following a family harm-related incident.

    Police were called to a house on Park Terrace about 5.10pm yesterday, after a man carrying a firearm arrived at the address, where he is known.

    Two occupants were inside at the time, and one was able to get to safety. The other person remains inside the property with the man.

    The Police Negotiation Team is at the scene and no injuries have been reported. We are focused on the welfare of both people inside the address and are working hard to resolve this peacefully.

    As a precaution, neighbours of the address were asked to stay in temporary accommodation last night, and we are keeping them informed of developments.

    The incident is confined to the address and there is no risk to the wider community. A section of Park Terrace is cordoned off and we ask that people avoid the area.

    Information will be released proactively, when we are in a position to do so.

    ENDS

    Issued by the Police Media Centre

    MIL OSI New Zealand News –

  • MIL-OSI USA: Sixteen Cardiology Practices to Pay a Total of $17.7M to Resolve False Claims Act Allegations Concerning Inflated Medicare Reimbursements

    Source: US State Government of Utah

    Sixteen separate cardiology practices and associated physicians, located across 12 states, have agreed to pay amounts totaling $17,761,564 to resolve allegations that they each violated the False Claims Act by overbilling Medicare for diagnostic radiopharmaceuticals.

    Diagnostic radiopharmaceuticals are radioisotopes bound to biological molecules that target specific organs, tissues or cells within the human body and are used to diagnose and, in some cases, treat certain cancers and diseases. In 13 states and the District of Columbia, Medicare Part B reimburses healthcare providers for diagnostic radiopharmaceuticals based on the provider’s acquisition cost. In those jurisdictions, Medicare’s contractors have published guidance explaining the reimbursement methodology and providers’ obligation to accurately report their invoice costs for diagnostic radiopharmaceuticals. The government alleged that the settling cardiology practices regularly reported inflated acquisition costs to Medicare for these drugs. In each of the settlements, the conduct occurred for at least a year, and in some instances, the conduct extended over a period of more than 10 years.

    “The financial stability of federal healthcare programs depends upon providers complying with applicable billing rules,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are committed to ensuring that Medicare funds are expended appropriately and to pursuing those who knowingly fail to do so.”

    The settling medical practices and associated physicians have agreed to pay the following amounts:

    • Western Kentucky Heart & Lung Associates PSC and Mohammed Kazimuddin ($6,750,000)
    • Heart Clinic of Paris P.A. and Arjumand Hashmi ($2,600,000)
    • Scranton Cardiovascular Physician Services LLC ($2,369,111)
    • Shannon Clinic ($996,856)
    • Edward W. Leahey M.D. Professional Association and Edward Leahey ($894,679)
    • Metropolitan Cardiovascular Consultants LLC and Ayim Djamson ($846,888)
    • Cardiology Center of New Jersey LLC, Mario Criscito, Frank Iacovone, and Sameer Kaul ($740,000)
    • Clovis Cardiology Associates LLC and Mahamadu Fuseini ($600,000)
    • Family Medical Specialty Clinic PLLC, Melecio Abordo, and June Abadilla ($409,594)
    • James R. Higgins M.D. Inc. and James Higgins ($395,537)
    • TrustCare Health LLC ($279,407)
    • Taj Medical Inc. ($240,000)
    • White River Diagnostic Clinic PLC, Margaret Kuykendall, and Seth Barnes ($234,490)
    • Veinguard Heart & Vascular Center P.C. and Fareeha Khan ($195,000)
    • Boulder Medical Center PC ($160,000)
    • Wellspring Cardiac Care P.A. ($50,000).

    “Practices and providers who overcharge the government and fail to return overpayments compromise our healthcare programs,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “When people see the wrong and report it, we have the tool we need to put a stop to this type of irresponsible conduct. So, I applaud the whistleblowers who came forward in this case.”

    “These practitioners overbilled the Medicare program by grossly exaggerating the acquisition costs of drugs used in diagnostic imaging of the heart,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “This office is committed to protecting our federal health care programs, and we will hold accountable anyone who seeks to exploit them.”

    “Medicare providers are required to be honest and accurate in the costs they report for reimbursement,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to investigate alleged false claims act violations and ensure the integrity of the Medicare program. ”

    The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators Jasjit Walia and Preet Randhawa in the District of Columbia and the Western District of Kentucky. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The whistleblowers will receive a total of more than $2.7 million from the settlements announced today.

    The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the District of Columbia and Western District of Kentucky, with assistance from the HHS Office of Counsel to the Inspector General and Office of Investigations.

    The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to HHS at 800-HHS-TIPS (800-447-8477).

    Trial Attorney James Nealon of the Justice Department’s Civil Division and Assistant U.S. Attorneys Ben Schecter, Matt Weyand, John Truong and Stephen DeGenaro for the District of Columbia handled the matter.

    The claims resolved by the settlements are allegations only. There has been no determination of liability.

    View the Heart Clinic of Paris settlement agreement here.

    View the Leahey settlement agreement here.

    View the Scranton settlement agreement here.

    View the Metropolitan settlement agreement here.

    View the Shannon Clinic settlement agreement here.

    View the Family Medical Specialty Clinic settlement agreement here.

    View the Taj Medical settlement agreement here.

    View the TrustCare settlement agreement here.

    View the Veinguard settlement agreement here.

    View the Wellspring settlement agreement here.

    View the White River settlement agreement here.

    View the WKHL settlement agreement here.

    View the Boulder Medical Center settlement agreement here.

    View the CCNJ settlement agreement here.

    View the Clovis settlement agreement here.

    View the Higgins settlement agreement here.

    MIL OSI USA News –

  • MIL-OSI Security: FBI and Cincinnati Police Announce $15,000 Reward in Death of 5-Year-Old Arty Stanford

    Source: Federal Bureau of Investigation (FBI) State Crime News

    The FBI and the Cincinnati Police Department today announced a reward of up to $15,000 for information leading to the arrest and conviction of the individual(s) responsible for the death of Artagist “Arty” Stanford III.

    “Arty’s family has suffered greatly since this shooting and anyone responsible for his death should be held accountable,” stated FBI Cincinnati Special Agent in Charge Elena Iatarola. “Someone in our community knows what happened that night and who was involved. We need anyone with information to do the right thing and contact law enforcement.”

    “Silence protects the wrong people,” said Cincinnati Police Chief Teresa Theetge. “Someone knows what happened. Someone holds the key to bringing closure to Arty’s family. Please speak up and help us bring justice for Arty.”

    On October 24, 2024, at approximately 5:48 a.m., the Cincinnati Emergency Communications Center received a report of a drive-by shooting at a house on Holland Drive. Initially, residents believed there were no injuries and the house only received damage from the gunfire. When police arrived, family members found five-year-old Artagist “Arty” Stanford III suffering from a gunshot wound to the head in an upstairs bedroom. There were at least seven bullet impact marks or bullet holes in the front of the house. One of the bullets passed through the front exterior wall into a second-floor bedroom and struck Arty in the head.

    Arty was taken to the hospital for treatment which included multiple surgeries. On October 26, 2024, Arty succumbed to his injuries and his death was ruled a homicide.

    Anyone with information regarding this incident is asked to call the FBI at 1-800-Call-FBI or Crime Stoppers at 513-352-3040.

    MIL Security OSI –

  • MIL-OSI Security: Air Force re-opens competition for select platforms in Next-Generation Ejection Seat program

    Source: United States Air Force

    The decision follows analysis of industry information in response to a Sources Sought notice in August 2024, which gathered critical input from industry partners on the NGES program and allowed the program team to gain valuable insights and technical feedback from potential vendors.

    MIL Security OSI –

  • MIL-OSI Canada: ASIRT releases updates on two recent investigations

    Source: Government of Canada regional news

    Officer-involved shooting causing injury in Fort McMurray

    On Dec. 12, at approximately 5:35 p.m., a female called the RCMP about an unknown person present in a basement suite she rented out. She resided on the upper floor of the residence and could hear crying coming from her tenant’s suite below. She felt that police assistance was needed.

    Four RCMP officers from the Fort McMurray detachment attended and noted there were multiple people in the suite. The officers attempted to speak with the occupants but a male, who was not the tenant, was verbally aggressive in responding to them. A decision was made to enter the suite to perform a welfare check.

    Officers entered the suite and began clearing the residence. While doing so, a male was observed fleeing out of a basement window into the backyard of the residence. One officer entered the backyard and shortly thereafter discharged their firearm resulting in the male being hit by gunfire. Emergency medical services (EMS) were called and the male was transported to hospital where he remains in critical condition.

    The involved officer suffered a head injury and was examined at the hospital and then released. Only the officer and the male were present in the backyard when gunfire occurred. Body worn cameras were not available to these officers at the time of the incident.

    As part of its ongoing investigation, ASIRT is working to identify people who may have witnessed aspects of the confrontation between the male and police. ASIRT is asking anyone who may have been in the area and may have witnessed these events to contact investigators at 780-644-1483.

    Fatal officer-involved shooting Cold Lake

    On Dec. 14, at approximately 8:00 p.m., RCMP officers from the Bonnyville detachment responded to the area of 50 Street and 43 Avenue in Cold Lake. A 911 caller had reported an altercation between two males, one of whom had a knife.

    It was later determined that the unarmed male had left the scene and was not injured during this altercation.

    Three RCMP officers responded to the area and located a male who matched the description of the armed man provided by the caller. This individual subsequently produced a knife and approached the officers.

    One RCMP officer discharged a firearm while another officer discharged a Conducted Energy Weapon (CEW) at the male.

    The male suffered gunshot injuries as a result. EMS arrived shortly afterwards, and the officers assisted with on-site emergency treatment. The male was transported to the hospital by ambulance where he was declared deceased.

    ASIRT’s investigation will examine the use of force by the officers. No additional information will be released.

    As part of its ongoing investigation, ASIRT is working to identify people who may have witnessed aspects of the confrontation between the man and police. ASIRT is asking anyone who may have been in the area and may have witnessed these events and/or may have cell phone or dash cam video to contact investigators at 780-644-1483.

    ASIRT’s mandate is to effectively, independently and objectively investigate incidents involving Alberta’s police that have resulted in serious injury or death to any person, as well as serious or sensitive allegations of police misconduct.

    This release is distributed by the Government of Alberta on behalf of the Alberta Serious Incident Response Team.

    MIL OSI Canada News –

  • MIL-OSI New Zealand: Arrests, charges over meth-filled suitcases

    Source: New Zealand Police (National News)

    Four people have been arrested and approximately 200kg of methamphetamine has been seized following a joint investigation between New Zealand Police and the New Zealand Customs Service.

    Critically, an insider threat at the Port of Tauranga has also been identified and removed.

    Customs officers became aware of a suspicious concealment on 11 December after a routine x-ray of a container at the port.

    At about 3pm two men entered a restricted area and forced entry into the container. Police were alerted as the men loaded the suitcases into their car.

    The vehicle left the port driving recklessly and at speed through heavy traffic on the East Link Toll Road towards Whakatāne.

    Bay of Plenty District Police were able to stop the vehicle using road spikes on the toll road.

    The occupants fled on foot but were apprehended a short distance from the vehicle.

    Police recovered the five suitcases in the vehicle, along with other tools linked to the burglary.

    The two men, both aged 28, have been charged with burglary, possession of methamphetamine for supply, failing to carry out obligations in relation to a computer search, and possession of instruments for burglary.

    They have been remanded in custody and will appear in the Tauranga District Court, one on 20 January 2025, and the second on 7 March 2025.

    On Wednesday 18 December, search warrants were executed at various locations around the Western Bay of Plenty, and a further two people were arrested in relation to the matter.

    The two men, aged 33 and 36, have been charged with a number of offences, including importation of methamphetamine. Both appeared in the Tauranga District Court on Thursday 19 December.

    It is believed members of this criminal operation may have been operating from within the port for some time.

    The four arrested men all have associations with the Mongrel Mob, Comancheros and the Filthy Few. 

    Detective Inspector Albie Alexander of the National Organised Crime Group says this seizure will make a significant dent into the supply of methamphetamine in the Western Bay of Plenty.

    “Even more significantly, we believe we have now shut down an insider threat at the port, and enquiries into this aspect will continue.”

    It’s estimated the 200kg of methamphetamine equates to 10 million doses and its seizure has prevented up to $209.5m of social harm to the New Zealand economy.

    While the retail value of 10 million doses may be as high as $75m, the wholesale value of the drugs is estimated to be between $14m and $32m.

    “This illustrates another example of the continuing cooperation and strong partnerships we have with Customs and our local and domestic partners in targeting criminal activity at our borders and in the community,” says Detective Inspector Alexander. 

    Customs Investigations Manager Dominic Adams says that New Zealand continues to be an attractive market for organised criminal groups to smuggle drugs including methamphetamine and cocaine, as well as illicit tobacco.

    Customs is seeing an increase in legitimate imports being targeted by overseas criminal groups who conceal illicit drugs within freight containers or container contents, which are later recovered by New Zealand-based criminals. This can involve attempted break-ins to collect the drugs.

    “We know that criminal groups attempt to circumvent border and port security processes to intercept drugs. We work closely with port companies, their security teams and our Police colleagues to ensure people who intentionally attempt to breach port security measures are identified and apprehended. Our increased port and maritime presence is helping us face this threat,” Mr Adams says.   

    “Criminal infiltration of the supply chain is common overseas, and it is a threat that all supply chain businesses including port companies should be alert to. The Customs Border Protect team has a range of resources to support businesses to identify and report criminal infiltration in the supply chain.”

    To report suspicious activity, call 0800 WE PROTECT (0800 937 768) confidentially or call CrimeStoppers anonymously on 0800 555 111. For more information, visit www.customs.govt.nz/report.

    ENDS

    Issued by the Police Media Centre

    MIL OSI New Zealand News –

  • MIL-OSI USA: FEMA Disaster Recovery Centers Holiday Schedule

    Source: US Federal Emergency Management Agency

    Headline: FEMA Disaster Recovery Centers Holiday Schedule

    FEMA Disaster Recovery Centers Holiday Schedule

    All FEMA Disaster Recovery Centers will be closed Tuesday, Dec. 24; Wednesday, Dec. 25; Tuesday, Dec. 31 and Wednesday, Jan. 1 for the holidays.Disaster Recovery Center Locations and Hours:Regular operating hours are 8 a.m. to 7 p.m. ET Monday to Saturday; closed Sunday, except where notedCarter County: Carter County Public Library, 201 N. Sycamore St., Elizabethton, TN 37643. Hours: 9 a.m. to 6 p.m. ET Monday to Friday; 9 a.m. to 5 p.m. ET Saturday.Cocke County: Old Walmart Building behind Krystal Fast Food Restaurant, 593-B W Broadway St., Newport, TN 37821.Johnson County: Tennessee National Guard Armory, 1923 S. Shady St., Mountain City, TN 37683Unicoi County: National Guard Armory/Unicoi Emergency Operations Center, 615 South Main Ave., Erwin, TN 37650Washington County: Cherry Grove Baptist Church, 104 Cherry Grove Rd., Jonesborough, TN  37659Disaster Recovery Centers are staffed with specialists from FEMA and the U.S. Small Business Administration and may have representatives from other organizations to help you recover. Specialists can also explain the rental assistance available to homeowners and renters, submit your documents to a FEMA processing center, and scan or copy new information or documents needed for your case files.Survivors have until Tuesday, Jan. 7, to apply for federal disaster assistance.There are several other ways to apply. Go to DisasterAssistance.gov, use the FEMA App for mobile devices or call the FEMA Helpline at 800-621-3362. Lines are open from 7 a.m. to midnight Eastern Time seven days a week and specialists speak many languages. To view an accessible video on how to apply, visit Three Ways to Apply for FEMA Disaster Assistance – YouTube.
    kwei.nwaogu
    Fri, 12/20/2024 – 21:12

    MIL OSI USA News –

  • MIL-OSI USA: Statement on Customer Protection Rule

    Source: Securities and Exchange Commission

    Today, the Commission adopted amendments on the requirements for large broker-dealers to calculate and segregate their customer balances daily rather than weekly. I am pleased to support this adoption because it helps better protect customers in the event a large broker-dealer fails.

    Our markets have dramatically evolved since the 1972 adoption of Rule 15c3-3, otherwise known as the Customer Protection Rule.

    Back in 1972, life was quite different. The public didn’t have access to the internet, smartphones, or social media. In the capital markets, we didn’t have anything that resembles modern electronic trading, and it took a full week to settle our securities transactions. Indeed, in 1972 we were just emerging from the paperwork crisis on Wall Street—in which stock exchanges literally closed from time to time because the back offices couldn’t keep up with the crush of paper.[1]

    Today, a full half century later, is a very different time. The overwhelming majority of our markets trade electronically, and few Americans have even seen a physical stock certificate. Indeed, more than 95 percent of trades cleared through the Depository Trust Clearing Corporation are affirmed, confirmed, and allocated by 9:00 PM on the same day they’re traded.

    Suffice it to say, it’s time to update these rules.

    The Customer Protection Rule requires broker-dealers that custody customers’ cash and securities to maintain a special reserve bank account that contains the net cash a broker-dealer owes to its customers. The rule, which we’re updating, currently requires broker-dealers to calculate and deposit the appropriate balance for that account on a weekly basis.

    Today’s amendments would change this requirement for the largest broker-dealers to daily computation rather than weekly.

    As discussed in the adopting release, nine of the largest broker-dealers already make these calculations on a daily basis. Today’s adoption would standardize this practice for an estimated 49 broker-dealers whose total credit balances averaged at least $500 million in 2023. As mentioned in the release, these 49 carrying broker-dealers held more than 99 percent of aggregate total credits of all carrying broker-dealers in 2023.[2]

    Today’s amendments are intended to reduce the likelihood of any mismatch between the amount of segregated funds and the net cash owed to customers and other broker-dealers. Further, lowering the likelihood of mismatches will help to protect the Securities Investor Protection Corporation (SIPC) Fund.

    In response to commenters, the adopting release also adjusts the amount of the required buffer that broker-dealers must maintain with regard to their customer reserve deposits. Under the current rule, as amended in 1975, certain broker-dealers must maintain an additional three percent in segregated funds. Under today’s final rule, those firms calculating their customer reserve formula daily will be able to reduce this buffer from three percent to two percent. As discussed in the adopting release, with regard to the large broker-dealers covered by the rule, the difference of one percent would have freed up a monthly average of $7.4 billion of liquidity in 2023 to use elsewhere in their business.[3]

    I’m pleased to support this adoption because it helps protect customers and the SIPC Fund, while promoting greater trust in the markets.

    For their input on these matters, I’d like to thank Chair Claudia Slacik, and other members of the SIPC Board of Directors, and SIPC staff.

    I’d also like to thank the members of the SEC staff who worked on this rulemaking, including:

    • David Saltiel, Sheila Swartz, Abraham Jacob, Randall Roy, Mike Macchiaroli, Tom McGowan, Ray Lombardo, Andrea Orr, Yue Ding, John Prochilo, Nick Shwayri, and Roni Bergoffen in the Division of Trading and Markets;
    • Jessica Wachter, Samim Ghamami, Juan Echeverri, Aysa Dordzhieva, Jasmine Boatner, Samantha Croffie, Oliver Richard, Jill Henderson, Lauren Moore, and Charles Woodworth in the Division of Economic and Risk Analysis; and
    • Megan Barbero, Meridith Mitchell, Robert Teply, Donna Chambers, and Cynthia Ginsberg in the Office of the General Counsel.

    MIL OSI USA News –

  • MIL-OSI USA: IAM District 54/Local 439 Issues Statement on Informational Picketing at Village of Northfield

    Source: US GOIAM Union

    Northfield, OH, December 20, 2024 – The International Association of Machinists and Aerospace Workers (IAM), District Lodge 54, Local 439, issued a statement about their informational picketing regarding Northfield Mayor Jennifer Domzalski’s actions against IAM Union members working for the Village of Northfield’s service department: 

    “Our members have proudly served the residents of Northfield with excellence and dedication for more than two decades, maintaining community services in all conditions, including holidays, snowstorms, and other inclement weather. Despite this stellar record, Mayor Domzalski has undermined our members’ efforts and attacked their long-standing union contract, which has been the backbone of stability for over 23 years.

    “We are not engaged in a work stoppage or strike. Informational picketing is a protected right for public employees, as affirmed by the Ohio Supreme Court in 2013, and it requires no notice from the employer.

    “Despite our members’ outstanding service to the community, Mayor Domzalski has failed to uphold her commitments and has taken steps to undermine their livelihoods. She proposed wage and benefit adjustments for service department employees but has reneged on those promises. Her administration is actively attacking critical provisions of our long-standing union contract.

    “Our union’s contract has stood as a model of stability for over 23 years, during which time there have been only two grievances, no arbitrations, and no work stoppages. This record speaks volumes about our members’ professionalism and the current agreement’s effectiveness. Yet, Mayor Domzalski’s actions represent a clear and unnecessary departure from decades of cooperative labor relations.

    “Our members have worked tirelessly, often in harsh weather conditions and during holidays, to ensure the residents of Northfield receive the services they deserve. Mayor Domzalski’s anti-union behavior is an attack on our members and a disservice to the Village of Northfield.

    “IAM Local 439 demands a fair contract recognizing our dedication and contributions to the Village of Northfield.

    “We are calling for Mayor Domzalski’s resignation, given her poor representation of the Village of Northfield and her blatant disregard for labor rights. 

    “The IAM Union will continue to advocate for justice and fairness, ensuring our members can continue to serve the community with pride and dedication.” 

    The International Association of Machinists and Aerospace Workers is one of North America’s largest and most diverse industrial trade unions, representing approximately 600,000 active and retired members in the aerospace, defense, airlines, railroad, transit, healthcare, automotive, and other industries.

    goIAM.org | @MachinistsUnion

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