Tuesday, December 19, 2017

Remarks at a UN Security Council Briefing on the Situation in the Middle East

From the US Mission to the UN
Ambassador Nikki Haley
Thank you, Mr. President. In this meeting, I will not use Council’s time to address where a sovereign nation might decide to put its embassy, and why we have every right to do so. I will address a more appropriate and urgent concern.
This week marks the one-year anniversary of the passage of Resolution 2334. On that day, in this Council, in December 2016, the United States elected to abstain, allowing the measure to pass. Now it’s one year and a new administration later. Given the chance to vote again on Resolution 2334, I can say with complete confidence that the United States would vote “no.” We would exercise our veto power. The reasons why are very relevant to the cause of peace in the Middle East.
On the surface, Resolution 2334 described Israeli settlements as impediments to peace. Reasonable people can disagree about that, and in fact, over the years the United States has expressed criticism of Israeli settlement policies many times.

But in truth, it was Resolution 2334 itself that was an impediment to peace. This Security Council put the negotiations between Israelis and the Palestinians further out of reach by injecting itself, yet again, in between the two parties to the conflict. By misplacing the blame for the failure of peace efforts squarely on the Israeli settlements, the resolution gave a pass to Palestinian leaders who for many years rejected one peace proposal after another. It also gave them encouragement to avoid negotiations in the future. It refused to acknowledge the legacy of failed negotiations unrelated to settlements. And the Council passed judgment on issues that must be decided in direct negotiations between the parties.
If the United Nations’ history in the peace efforts proves anything, it is that talking in New York cannot take the place of face-to-face negotiations between the regional parties. It only sets back the cause of peace, not advance it.
As if to make this very point, Resolution 2334 demanded a halt to all Israeli settlement activity in East Jerusalem – even in the Jewish Quarter of the Old City. This is something that no responsible person or country would ever expect Israel would do. And in this way, Resolution 2334 did what President Trump’s announcement on Jerusalem as the capital of Israel did not do: It prejudged issues that should be left in final status negotiations.
Given the chance today, the United States would veto Resolution 2334 for another reason. It gave new life to an ugly creation of the Human Rights Council: the database of companies operating in Jewish communities. This is an effort to create a blacklist, plain and simple. It is yet another obstacle to a negotiated peace. It is a stain on America’s conscience that we gave the so-called BDS movement momentum by allowing the passage of Resolution 2334.

To the United Nations’ shame, this has been a disproportionately hostile place for the Middle East’s most enduring democracy.
The United States refuses to accept the double standard that says we are not impartial when we stand by the will of the American people by moving our U.S. embassy, but somehow the United Nations is a neutral party when it consistently singles out Israel for condemnation.
For decades, Israel has withstood wave after wave of bias in the UN and its agencies. The United States has often stood beside Israel. We did not on December 23, 2016. We will not make that mistake again.
This week marks the one year anniversary of a significant setback for Middle East peace. But the United States has an undiminished commitment to helping bring about final status negotiations that will lead to lasting peace.
Our hand remains extended to both parties. We call on all countries that share this commitment to learn the hard lessons of the past and work to bring Israel and the Palestinian people in good faith to the peace table.

Senators Murray, Cantwell and Representatives Kilmer, Heck Announce Critical Investments in Puget Sound Recovery

From Congressman Kilmer press release issued 12/ 18/ 17

(Washington, D.C.) – Today, Senators Patty Murray (D-WA), a senior member of the Senate Appropriations Committee, Maria Cantwell (D-WA), top Democrat on the Senate Energy and Natural Resources Committee, and Representatives Derek Kilmer (D-WA) and Denny Heck (D-WA) announced new federal investments totaling $25.2 million to support the continued cleanup and restoration of the Puget Sound. Originally appropriated by Congress in last year’s budget, the grants were awarded through the Environmental Protection Agency’s National Estuary Program and will fund state, local and tribal Puget Sound recovery and conservation efforts.

“Puget Sound is one of the Pacific Northwest’s most cherished cultural and environmental treasures, and this announcement is great news for Washington state families who benefit from the important role it plays in our state’s economy and ecology,” said Senator Murray. “Strong federal investments in the Sound’s recovery and cleanup will help ensure that our local communities continue to reap Puget Sound’s rich benefits for generations to come, and as a voice for Washington state I will continue fighting back against the Trump Administration’s attempts to eliminate funding for this and other critical Puget Sound efforts.” 

“Investments like these lead to a cleaner Puget Sound and healthy fisheries that sustain jobs in our tourism and fishing sectors,” said Representative Kilmer. “As co-chairman of the Puget Sound Recovery Caucus, I’m working to protect Puget Sound and enhance the vital role it plays in our region’s culture and economy.”

“All of us who are privileged to live in Washington state understand the fundamental importance of a healthy Puget Sound to our way of life. Orca and salmon call Puget Sound home, and are iconic figures of the Pacific Northwest,” said Representative Heck. “Federal investments like EPA’s National Estuary Program, in partnership with our state, local, and tribal efforts, are vital to Puget Sound recovery and help us honor our treaty obligations. As co-chair of the Puget Sound Recovery Caucus, I will continue to fight for a greater federal role for our nation’s largest estuary.”

One of the region’s most vital natural resources, cleanup of Puget Sound is critical to the recovery of several Endangered Species Act-listed salmon species, the protection of tribal treaty rights, and to the environmental and economic future of Washington state. Among the efforts funded in whole or in part by the grant awards include:

The restoration of an additional 5,000 acres of key Orca and salmon habitat;
The re-opening of about 4,000 acres of shellfish beds in Puget Sound; and
Improvement of biological condition from fair to good for at least 30 streams.
According to the Environmental Protection Agency, the grants will fund projects that meet the goals of both the National Estuary Program and the Puget Sound Action Agenda which is developed by the Puget Sound Partnership, the Washington state agency charged with leading the state’s collective efforts to restore and protect Puget Sound. The grants were awarded to Washington’s Department of Ecology, Department of Health, Department of Fish and Wildlife, Department of Natural Resources, and Department of Commerce, the Northwest Indian Fisheries Commission, Washington State University’s Stormwater Center, the Puget Sound Partnership, and the University of Washington’s Puget Sound Institute. Senators Murray, Cantwell, and Representative Kilmer joined lawmakers earlier this year to restore funding for Puget Sound recovery and conservation after it was eliminated in President Trump’s proposed budget.

Kent landscaper with history of illegal contracting charged in consumer scams

From Labor and Industries press release dated 12/ 15/ 17

Seattle – A Kent man faces criminal charges in a scheme that left consumers with unfinished and botched landscaping projects despite paying thousands of dollars.
Honorio Mendez-Ortega, 42, faces four counts of performing or offering to perform work as a construction contractor without being registered by the state.
Mendez-Ortega has pleaded not guilty to the charges in King County District Court. He goes by multiple aliases, including Honorio "Orio" Mendez, Antonio Mendez, Honorio Mendez Ortega, and Honorio Ortega Mendez.
The King County Prosecutor filed the charges based on contractor compliance investigations by the Washington State Department of Labor & Industries (L&I).
Unregistered contracting is a gross misdemeanor punishable by up to 364 days in jail and $5,000 fine.
"It's horrible when someone uses elaborate lies and deception to fool consumers," said Elizabeth Smith, assistant director for L&I's Fraud Prevention & Labor Standards. "But we see it all too often. Even if a friend or a home referral service recommends a contractor, you still need to do your homework and check with us for tips."
Consumers should always hire contractors registered with L&I, and never pay in full until the job is done right.
Renton couple pays $32K for job that was never finished
Consumers found Mendez-Ortega through an online, construction referral service and Craigslist ads. He's accused of using company names and contractor licenses that were registered to other people.
In the most recent case, investigators say Mendez-Ortega accepted more than $32,000 from a Renton couple last year. According to the charges, he agreed to build an outdoor kitchen and patio and to landscape their yard even though he was not a registered contractor.
Charging papers say that Mendez-Ortega quit in the middle of construction and refused to finish or return the couple's money. What little work Mendez-Ortega's crew had done was so poor it had to be redone.
Mendez-Ortega told the couple his business was Best Way Services LLC, a construction company that turned out to be registered to a man in California. The couple wrote two checks to the company, court papers said, and at Mendez-Ortega's direction, wrote the remaining $17,000 in checks to him personally.
Victims in Kirkland, Maple Valley, Bellevue and Seattle lose $27K
Mendez-Ortega was recently arrested on a bench warrant for three unregistered contracting charges that were filed last year for incidents around King County in 2014 and 2015. The arrest warrant was issued after he failed to appear for arraignment.
According to charging papers, Mendez-Ortega failed to finish landscape projects for two of the customers, and never even showed up for work after accepting deposits from two other homeowners.
He falsely told those victims that his business was Spike Services LLC, charging papers said. Though he didn't own the company, he introduced himself using the real name of the owner. It turned out the owner was a college student from Seattle who was attending classes in Jakarta, Indonesia, when many of the incidents occurred.
Long history with L&I
Since 2013, L&I has cited Ortega-Mendez with 11 civil infractions for unregistered contracting. He owes L&I more than $84,000 in fines, in unpaid employee wages, and workers' compensation insurance premiums. He owes the state Department of Revenue more than $151,000 in unpaid taxes.
Ortega-Mendez originally used his own name to register two contractor businesses from 2003 to 2011. The registrations were suspended partly because of $83,000 in court judgments to harmed customers. He could not register again until he paid the judgments and met all other requirements.
State law requires construction contractors to register with L&I. The department confirms they have liability insurance, a business license, and a bond — requirements that provide some financial recourse to consumers if problems arise.
L&I can issue violators a civil infraction, refer them for criminal prosecution or both.

PAGE 2: Milking the system


Three Major New York Diagnostic Testing Facility Owners Charged for Their Roles in Alleged Multi-Million Dollar Health Care Fraud Scheme

From a DOJ press release 12/ 18/ 17

Three owners of independent diagnostic testing facilities in Brooklyn, New York, were charged in an indictment unsealed today for their roles in an allegedly fraudulent scheme that involved submitting over $44 million in claims to Medicare and private insurers, which included government-sponsored managed care organizations.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office, Special Agent in Charge James D. Robnett of the Internal Revenue Service-Criminal Investigation (IRS-CI) New York Office and Special Agent in Charge Scott Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Office of Investigations made the announcement.
Tea Kaganovich, 45, and Ramazi Mitaishvili, 57, both of Brooklyn, were the co-owners of Sophisticated Imaging, East Coast Diagnostics, East Shore Diagnostics, East West Management and RM Global.  Syora Iskanderova aka Samira Sanders, 42, also of Brooklyn, was the owner of Global Testing, Liberty Mobile Imaging, Liberty Mobile Testing, Med Tech Services and Scanwell Diagnostics.  The three defendants were each charged with one count of health care fraud, two counts of making false claims to a federal agency, one count of conspiracy to pay health care kickbacks, two counts of paying health care kickbacks and four counts of money laundering.  Kaganovich and Mitaishvili were also charged with one count of conspiracy to defraud the United States by obstructing the lawful functions of the IRS.  Iskanderova was also charged with two counts of making false statements to federal agents.  The indictment was filed on Nov. 22 and unsealed upon the arrest of the defendants this morning.  Defendants Kaganovich and Mitaishvili are expected to make an initial appearance this afternoon before U.S. Magistrate Judge Steven M. Gold of the Eastern District of New York at the federal courthouse in Brooklyn.  Defendant Iskanderova is expected to make an initial appearance this afternoon before U.S. Magistrate Judge Edwin G. Torres of the Southern District of Florida at the federal courthouse in Miami.  The case has been assigned to U.S. District Judge Margo K. Brodie.
According to the indictment, beginning in approximately January 2014 and continuing through at least December 2016, Kaganovich, Mitaishvili and Iskanderova executed a scheme in which they submitted fraudulent claims to Medicare, Medicaid managed care plans and other health care benefit programs for diagnostic testing services.  As part of the scheme, the defendants allegedly paid kickbacks for the referral of beneficiaries who submitted themselves to diagnostic testing and other purported medical services.  The indictment also alleges that the beneficiaries themselves received kickbacks as part of the scheme.  The defendants allegedly submitted and caused to be submitted claims to Medicare, Medicaid managed care plans and other health care benefit programs for services that misrepresented which diagnostic testing company purportedly performed the services.  The indictment further alleges that the defendants disguised their illicit payments by moving the proceeds of this illegal activity through shell companies and engaged in financial transactions greater than $10,000 involving the proceeds of unlawful activity.  Kaganovich and Mitaishviliare are alleged to have falsely reported to the IRS that the illegal payments made to co-conspirators were legitimate business expenses, which caused relevant tax forms to falsely under-report business income and claim deductions.  In addition, the indictment alleges that Iskanderova, on two separate occasions, lied to federal agents about her role in the alleged fraud scheme.   
As alleged in the indictment, the defendants submitted and caused to be submitted at least $44 million in claims to Medicare, Medicaid managed care plans and other health care benefit programs for diagnostic testing services and were paid at least $19 million on those claims.

The charges in the indictment are merely allegations, and all defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
The FBI, IRS-CI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of New York.  Trial Attorneys Debra Jaroslawicz and Richard Powers of the Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Former Florida State Health Care Administration Official Sentenced to More Than Four Years in Prison for Accepting Bribes

From a DOJ press release issued 12/ 15/ 17

A former employee of Florida’s Agency for Health Care Administration (AHCA) was sentenced today to 57 months in prison for accepting bribes in exchange for providing confidential information about health care facilities that received Medicare and Medicaid funds.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.

Bertha Blanco, 66, of Miami, Florida, was sentenced by U.S. District Judge Ursula Ungaro of the Southern District of Florida.  Judge Ungaro also ordered Blanco to pay $441,000 in restitution and to forfeit $100,000, which represents the gross proceeds traced to Blanco’s commission of the offense.  Blanco pleaded guilty on Oct. 13 to one count of bribery concerning a program receiving federal funds.

AHCA’s Division of Health Quality Assurance is responsible for the licensure and regulation of health care facilities in Florida that receive Medicare and Medicaid funds, including skilled nursing facilities (SNFs), assisted living facilities (ALFs) and home health agencies (HHAs).  As part of her guilty plea, Blanco, who was employed by AHCA for approximately 30 years, admitted that, from at least 2007 through June 2015, she solicited and received thousands of dollars of cash bribes from Miami-area owners of SNFs, ALFs and HHAs, and intermediaries working with them, in exchange for providing the purchasers with sensitive, nonpublic AHCA reports and information related to their facilities.  The information included the schedules of future unannounced inspections by AHCA surveyors and previously undisclosed patient complaints filed with AHCA.  Blanco knew that the information she provided in exchange for bribes could ultimately be used to fabricate and falsify medical paperwork and to temporarily remedy deficiencies so that AHCA would not discover lapses in patient care and revoke the licenses of the facilities that had received the information.

The purchasers of information provided by Blanco included Philip Esformes, Isabel Lopez, Gustavo Mustelier, Gabriel Delgado, Guillermo Delgado, and Sila Luis.  Esformes is awaiting trial, presently scheduled for March 2018, on numerous charges related to health care fraud, wire fraud, kickbacks, money laundering, bribery, and obstruction of justice.  Lopez and Mustelier pleaded guilty in May 2017 to conspiracy to defraud the United States and are awaiting sentencing.  Gabriel Delgado pleaded guilty in 2015 to money laundering and was sentenced to 55 months in prison.  Guillermo Delgado pleaded guilty in 2015 to conspiracy to distribute a controlled substance and was sentenced to 110 months in prison.  Luis pleaded guilty in June 2017 to conspiracy to commit health care fraud and was sentenced to 80 months in prison.
The FBI and HHS-OIG investigated this case.  Trial Attorneys David Snider, Elizabeth Young and Drew Bradylyons of the Criminal Division’s Fraud Section are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  The Medicare Fraud Strike Force operates in nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

PAGE 3: Justice Department Settles U.S. Worker Discrimination Claims Against Colorado Agricultural Company

DOJ press release issued 12/ 18/ 17

The Justice Department announced today that it has reached a settlement agreement with Crop Production Services Inc. (Crop Production), an agricultural company headquartered in Loveland, Colorado.  The settlement resolves a lawsuit the Justice Department filed against the company on Sept. 28, 2017, alleging that the company discriminated against U.S. citizens because of a preference for foreign visa workers, in violation of the Immigration and Nationality Act (INA). 

The Department’s lawsuit alleged that in 2016, Crop Production discriminated against at least three United States citizens by refusing to employ them as seasonal technicians at its El Campo, Texas location because the company preferred to employ temporary foreign workers under the H-2A visa program.  According to the Department’s complaint, Crop Production imposed more burdensome requirements on U.S. citizens than it did on H-2A visa workers to discourage U.S. citizens from working at the facility.  For instance, the complaint alleges that although U.S. citizens had to complete a background check and a drug test before being permitted to start work, H-2A visa workers were allowed to begin working without completing them and, in some cases, never completed them.  The complaint also alleged that Crop Production refused to consider a limited-English proficient U.S. citizen for employment yet hired H-2A visa workers with limited-English proficiency.  Ultimately, all of Crop Production’s 15 available seasonal technician jobs in 2016 went to H-2A visa workers instead of U.S. workers.

Under the INA, it is unlawful for employers to intentionally discriminate against U.S. workers because of their citizenship status or to otherwise favor the employment of temporary foreign visa workers over available, qualified U.S. workers.  In addition, the H-2A visa program allows employers to hire foreign visa workers only if there is not a sufficient number of qualified and available U.S. workers to fill the jobs.
The settlement agreement requires Crop Production to pay civil penalties of $10,500.00 to the United States, undergo department-provided training on the anti-discrimination provision of the INA, and comply with departmental monitoring and reporting requirements.  In a separate agreement with workers represented by Texas RioGrande Legal Aid, Crop Production agreed to pay $18,738.75 in lost wages to affected U.S. workers. 
“There will be zero tolerance for companies that violate the Immigration and Nationality Act by hiring foreign visa holders over U.S. workers,” said Acting Assistant Attorney General John Gore of the Civil Rights Division.  “The Division’s Protecting U.S. Workers Initiative is committed to fighting discriminatory hiring practices that prevent qualified U.S. workers from obtaining jobs, and we commend Texas RioGrande Legal Aid for bringing this matter to our attention.”
The settlement is part of the Division’s Protecting U.S. Workers Initiative, an initiative aimed at targeting, investigating, and bringing enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.
The Division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the anti-discrimination provision of the INA.  The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.   
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov (link sends e-mail); or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.

PAGE 4: Nominations Process Opens for National Space Council Users’ Advisory Group

From a NASA press release 12/ 18/ 17
Public nominations now are being accepted from U.S. citizens and organizations for potential membership on an advisory group that will represent the perspectives, interests and expertise of industry and other non-federal entities to the National Space Council.
NASA recently established the Users’ Advisory Group (UAG) to advise and inform the National Space Council on a broad range of aerospace topics, including the impacts of U.S. and international laws and regulations, national security space priorities relating to the civil and commercial space sectors, scientific and human space exploration priorities, and ways to bolster support for U.S. space priorities and leadership in space. The UAG is a Federal advisory committee established pursuant to the Federal Advisory Committee Act. NASA is sponsoring the UAG on behalf of the National Space Council.
Between 15 and 30 members will be selected to serve in the capacity of either a Representative or a Special Government Employee (SGE). Representatives will come from non-federal organizations, such as private industry, and represent the perspectives and interests of their communities. SGEs will be selected for their individual knowledge and expertise in their relevant field to provide objective advice.
To obtain the procedure for submitting public nominations, and for more information about the National Space Council Users’ Advisory Group, visit:
https://www.nasa.gov/content/national-space-council-users-advisory-group

HUD MARKS 25 YEARS of HELPING FAMILIES BECOME SELF-SUFFICIENT

From an HUD press release 12/ 15/ 17

WASHINGTON – Twenty-five years ago this year, the U.S. Department of Housing and Urban Development (HUD) launched a program to help households living in assisted housing to become self-sufficient.  Today, HUD marked the 25th anniversary of the Family Self-Sufficiency Program (FSS) by awarding $75 million to continue helping public housing residents, those participating in the Housing Choice Voucher Program and residents of Project-Based Rental Assistance to further their education and find good jobs. Read more about the local impact of the grants announced today. HUD Secretary Ben Carson made the funding announcement this morning at a FSS anniversary commemoration with the District of Columbia Housing Authority in Washington.

“A necessary part of what we do is to help families move beyond HUD assistance by providing the tools they need to become self-sufficient,” said Secretary Carson. “For 25 years, HUD and our local partners have been connecting residents to job training, childcare and other resources that expand their opportunities and lead them towards higher paying jobs and self-sufficiency.” 
HUD’s FSS Program helps local Public Housing Authorities to hire Service Coordinators who work directly with residents to connect them with programs and services that already exist in the local community. The program encourages innovative strategies that link housing assistance with a broad spectrum of services that will enable participating families to find jobs, increase earned income, reduce or eliminate the need for rental and/or welfare assistance, and make progress toward achieving economic independence and housing self-sufficiency.
Participants in the program sign a five-year contract that requires the head of the household to obtain employment and that no member of the household will receive certain types of public assistance at the end of the five-year term. Families in the FSS program have an interest-bearing escrow account established for them. The amount credited to the family's escrow account is based on increases in the family's earned income during the term of the FSS contract. If the family successfully completes its FSS contract, the family receives the escrow funds that it can use for any purpose, including debt reduction in order to improve credit scores, educational expenses, or a down payment on a home.
During the 10-year period from 2007-2016, the average household income of FSS participant more than doubled from approximately $10,000 at the time of entry into the program to more than $27,000 upon completion.


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