LINK SOURCE: https://www.dnr.wa.gov/news/commissioner-franz-cancels-leases-remaining-net-pen-salmon-farms-puget-sound
The Washington State Department of Natural Resources (DNR) has ended the remaining two finfish net pen aquaculture leases on Washington’s state-owned aquatic lands.
DNR officials informed Cooke Aquaculture Monday that the agency will not renew expired leases for the two remaining finfish net pen aquaculture facilities in Washington; in Rich Passage off Bainbridge Island and off Hope Island in Skagit Bay.
“Since the catastrophic Cypress Island net pen collapse in 2017, I have stood tall to defend the waters of Puget Sound,” said Commissioner of Public Lands Hilary Franz. “This effort began by terminating finfish net pen operations due to lease violations. Despite years of litigation – and a company that has fought us every step of the way – we are now able to deny lease renewals for the remaining net pen sites. Today, we are returning our waters to wild fish and natural habitat. Today, we are freeing Puget Sound of enclosed cages.”
“This is a critical step to support our waters, fishermen, tribes, and the native salmon that we are so ferociously fighting to save,” said Commissioner Franz.
DNR’s denial of Cooke Aquaculture’s request to re-lease the sites to continue finfish net pen aquaculture gives the company until December 14 to finish operations and begin removing its facilities and repairing any environmental damage.
The Hope Island lease expired in March and has been in month-to-month holdover status since. The Rich Passage lease expired in November.
Decision Draws Support
Salish tribes and conservation groups hailed the decision as a step toward protecting the habitat of struggling stocks of native salmon.
“We are very pleased that Commissioner Franz rejected Cooke Aquaculture’s lease application. Removal of the existing net pen will restore full access to the Tribe’s culturally important fishing area in northern Skagit Bay. Swinomish are the People of the Salmon, and fishing has been our way of life since time immemorial. Cooke’s net pens have interfered with the exercise of our treaty rights for far too long. We look forward to the day when the Hope Island net pen facility will be a distant memory,” said Swinomish Indian Tribal Community Chairman Steve Edwards.
“This decision is a joyous and historic victory for the recovery of wild fish, orcas, and the health of Puget Sound,” says Emma Helverson, Executive Director of Wild Fish Conservancy. “For years, the public has overwhelmingly called for an end to this dangerous industry in our public waters. Commissioner Franz’s response proves she is both accountable to the public and dedicated to protecting Puget Sound’s irreplaceable public heritage for current and future generations.”
“We say, ‘the table is set when the tide goes out.’ Seafoods have always been a staple of Samish diet and traditions,” said Tom Wooten, Samish Indian Nation Chairman. “By removing the Sound’s remaining net pens, our delicate ecosystem now gets a chance to replenish, repair and heal. We are grateful and lift our hands to the DNR’s partnership in helping protect the Salish Sea that tie us to our history and culture.”
Denials End Saga Started by 2017 Collapse
Cooke Aquaculture had previously leased four sites for net pen aquaculture from the Department of Natural Resources, recently growing steelhead trout in the net pens after years of using them to grow Atlantic salmon.
DNR’s letters denying an extension of Cooke’s leases lists several areas where the firm violated terms of the leases. DNR determined that allowing Cooke to continue operations posed risks of environmental harm to state-owned aquatic lands resulting from lack of adherence to lease provisions and increased costs to DNR associated with contract compliance, monitoring, and enforcement.
In August of 2017, a net pen at Cooke’s Cypress Island fish farm collapsed, releasing hundreds of thousands of Atlantic salmon into Puget Sound. As a result, DNR terminated that lease. Cooke was fined $332,000 and found negligent by the state Department of Ecology. The net pens were removed in 2018.
In December of 2017, DNR terminated Cooke’s Port Angeles lease due to Cooke operating in an unauthorized area and failing to maintain the facility in a safe condition. Cooke challenged that termination in the superior court and that litigation is still pending.
The Washington state Legislature in 2018 phased out Atlantic salmon farming, and the company since shifted operations at its remaining leaseholds in Rich Passage and Hope Island to grow sterile steelhead trout.
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Sprague Lake water level study set to begin
Study aims to identify flood risk solutions.
Link Source: https://ecology.wa.gov/Blog/Posts/November-2022/Sprague-Lake-water-level-study-set-to-begin
Over the past few years, water levels in Sprague Lake, which straddles the Lincoln and Adams County lines, have been slow to recede following storm events. In 2017, high water levels combined with heavy rain and frozen ground caused significant flooding that damaged both public and private properties and city infrastructure. To help identify flood risk solutions, the Department of Ecology is partnering with Washington Department of Fish and Wildlife (WDFW) to study water levels at the Sprague Lake outlet channel.
“This study is the first step in discovering what’s contributing to high water levels in Sprague Lake,” said Brook Beeler, eastern region director for Ecology. “Once we better understand the contributing factors, we can move toward possible solutions and relief for property owners.”
The study will be conducted by private consulting firm Shannon & Wilson, Inc and is slated to be completed by June 30, 2023. It will include:
Developing and calibrating a hydraulic model to assess the existing conditions and constrictions from the Sprague Lake outlet into Cow Creek.
Analyzing flow constriction using a range of flow rates in the hydraulic model. This will determine if and where flow constrictions are present in the existing Cow Creek channel.
Analyzing alternative options including a bypass side-channel adjacent to Cow Creek to reduce lake water levels during high flow events. An investigation of permitting needs associated with alternatives will be included.
Assessing wind-driven lake levels to determine potential superelevation of the lake surface caused by wind.
“The Washington Department of Fish and Wildlife is also a landowner on Sprague Lake and is committed to trying to help find a solution to our mutual issue of flooding,” said Steve Pozzanghera, WDFW eastern region director.
Historically, Sprague Lake’s water levels have been managed by a water-control structure at the Cow Creek outlet. The channel, however, is slowly filling in with sediment and vegetation as it restores itself to a more natural wetland setting. Additionally, bridges and bedrock outcrops in Cow Creek will also be examined as possible contributors to the slow release of floodwaters.
“We’re eager to get started and looking forward to our community meeting to kick-off the work,” Beeler said. “The hydrology study is instrumental to determine the best path forward.”
Join our community kick-off meeting
Staff from Ecology, Department of Fish and Wildlife and Shannon and Wilson, Inc will be on hand to provide details and answer questions about the study and timeline.
Date: Tuesday, November 22, 2022
Time: 11:00 a.m. – 1:00 p.m.
Location: Lincoln County Fire Dist. 1 - 124 Old Airport Road, Sprague Lake, WA
No registration is needed, and light refreshments will be provided.
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Washington Community Economic Revitalization Board invests $11.9 million in six counties.
OLYMPIA, WA – The Washington State Community Economic Revitalization Board (CERB) yesterday approved $8.75 million in low interest loans and $3.2 million in grants for economic development and public infrastructure improvements intended to spur broadband deployment, business growth and job creation in communities throughout the state.
Among the projects supported are a new Canature USA Freeze Dry pet food production facility in Lynden and a clean energy project at the Port of Sunnyside where Pacific Ag Renewables intends to produce renewable natural gas from agricultural waste.
Adams County – $50,000 grant to the City of Othello for the “Economic Feasibility Study and Marketing Plan” that will assist the Othello community in expanding its economy. CERB funds are matched by $12,500 in local funds.
Franklin County – $50,000 grant to the City of Pasco for the “Comprehensive Economic Development Strategic Plan” to help the city and region better plan and respond to continued growth and development. CERB funds are matched by $50,000 in local resources.
Kitsap County – $50,000 grant to the Port of Bremerton for the “Sewer Replacement Planning” project consisting of design and engineering needed for the replacement of approximately 1,400 linear feet of failing sewer line. CERB funds are matched by $12,500 in local resources.
Skagit County – $1.8 million grant to the Port of Skagit County for the “Sauk-Suiattle Broadband Connectivity Project to construct a dark fiber backbone from Darrington to the Sauk-Suiattle tribe, connecting premises within 1,000 feet of Highway 530 and extending to Skagit County radio tower facilities nearby on Christian Camp Road. This project will create 90 high-speed internet connections. CERB funds are matched by $450,000 in state resources.
Whatcom County – $5 million loan to the City of Lynden for the “West Main and Berthusen Road Roundabout” project including construction of a roundabout, street improvements, stormwater facilities, and LED street lighting. An estimated 74 full-time equivalent (FTE) staff are expected to be created by this project. CERB funds leveraged $40 million in private investment by Canature USA Freeze Dry. The company intends to build the largest freeze-dried pet food production facility in North America. CERB funds are matched by $1.125 million in local resources.
Yakima County – $25 million loan and a $1.25 million grant to the Port of Sunnyside for the “Pacific Ag Project” consisting of construction of public utilities to include sanitary sewer, sanitary force main, sanitary sewer lift station, a water main for domestic and fire flow, stormwater, and roadway improvements extended to the site. An estimated 55 FTE are estimated to be created by this project. CERB funds leveraged $80 million in private investment by Pacific Ag, for a facility to produce renewable natural gas from agricultural waste that will then be injected into the interstate natural gas pipeline. CERB funds are matched by $4.7 million in local resources.
“Since 1982, the Community Economic Revitalization Board has invested more than $223 million across the state, an investment generating over 39,000 jobs. The jobs and economic growth that result from these projects are imperative, especially as the economic landscape is shifting. These investments will help build stronger communities for our Washington residents.” said CERB Chair Michael Echanove.
The release of CERB funds to these projects is contingent upon each applicant completing specific pre-contract requirements, such as finalizing other funding sources and obtaining necessary permits. If you are a Washington local government or federally recognized Tribe and have project ideas, please reach out to Janea Stark or Leslie Wolff.
Since 1982, CERB has committed nearly $220 million to local jurisdictions across the state, an investment generating more than 39,000 jobs, and private capital investment of $6.3 billion – a $29-to-$1 return on CERB investments. Read the 2020 CERB Legislative Report and the 2020 CERB Rural Broadband Legislative Report to learn more.
As Washington’s strategic economic development resource, CERB is focused on creating private sector jobs in partnership with local governments by financing infrastructure improvements. These improvements encourage new business development and expansion. In addition to funding construction projects, CERB provides limited funding for studies that evaluate high-priority economic development projects.
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Cancelled Crab Harvests Should Be Declared Federal Disaster, Say Washington and Alaska Senators.
WASHINGTON, D.C. – U.S. Senator Maria Cantwell (D-WA), Chair of the Committee on Commerce, Science, and Transportation, today joined her Washington and Alaska Senate colleagues in a letter to Commerce Secretary Gina Raimondo calling for her to declare federal fishery disasters for certain Alaska crab harvests.
The 2022/2023 Bering Sea snow crab, the 2022/2023 Bristol Bay red king crab, and the 2021/2022 Bristol Bay red king crab harvests have all been cancelled, causing an estimated $287.7 million in economic losses for fisheries.
A disaster must be declared by the Secretary of Commerce before disaster funding can be distributed to fishermen who need it. Many impacted fishermen and their families live in Washington state.
In the letter, the senators note the urgent need for immediate disaster support to fishermen, and the wide-ranging scope of the economic losses. The senators wrote:
“The economic impact to downstream businesses such as seafood processors, gear suppliers, shipyards, and other downstream businesses will be even greater. Red king crab and snow crab are highly valued commodities traded internationally and relied upon by businesses that advertise these specialty foods at their restaurants and shops. Yet, the longer the disaster declaration and funding process takes, the greater the impact on our fishermen who are already facing incredibly difficult decisions that could include closing their businesses or filing for bankruptcy this year.”
The full text of the letter is available HERE and below:
Dear Secretary Raimondo,
We write to request that the Department of Commerce immediately declare a federal fishery disaster for the 2022-2023 Bering Sea snow crab, the 2022-2023 Bristol Bay red king crab, and the 2021-2022 Bristol Bay red king crab fisheries. The State of Alaska requested a disaster under the under Section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1861a) and Section 308 of the Interjurisdictional Fisheries Act (16 U.S.C. 4101 et seq) on October 21. While there is still a disaster request pending for the 2021-2022 Bering Sea snow crab and Tanner crab fisheries, the aforementioned disasters deserve immediate consideration due to the fact that no harvest occurred.
Many of these fishermen and businesses hail from both Alaska and Washington, and the impacts of these fishery disasters extend far beyond our states to consumers across the United States and the world. The State of Alaska estimates the ex-vessel losses from the Bristol Bay red king crab and Bering Sea snow crab fisheries for the 2021-2022 and 2022-2023 seasons to be $287.7 million. The economic impact to downstream businesses such as seafood processors, gear suppliers, shipyards, and other downstream businesses will be even greater. Red king crab and snow crab are highly valued commodities traded internationally and relied upon by businesses that advertise these specialty foods at their restaurants and shops. Yet, the longer the disaster declaration and funding process takes, the greater the impact on our fishermen who are already facing incredibly difficult decisions that could include closing their businesses or filing for bankruptcy this year.
Declaring a fishery disaster for the Bering Sea snow crab and Bristol Bay red king crab fisheries as quickly as possible is critical to support these fishery stakeholders and their communities. The disaster declaration is a key step needed before the Congress can secure funding for aid to impacted communities.
These historic closures require the Department to take immediate and decisive action to ensure fishing families and the businesses and communities that depend on them secure assistance they need as soon as possible. Thank you for the opportunity to bring this issue to your attention and for your consideration.
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Artemis Blasts Off Toward the Moon – With Contributions from 42 WA Companies and Funding Spearheaded by Cantwell.
WASHINGTON, D.C. – Today, NASA’s Artemis I mission successfully launched from Kennedy Space Center. This is the first uncrewed test flight of the Artemis program, which is designed to return humans on the Moon and prepare for human exploration of Mars. It is also the first flight of the agency’s Space Launch System (SLS) rocket, led by Boeing, and the second spaceflight of the Orion crew capsule, led by Lockheed Martin.
Orion, which is intended to carry astronauts, will travel to within about 60 miles of the Moon’s surface, then travel thousands of miles beyond the Moon, using the Moon’s gravity to help propel the craft back to Earth. The craft is expected to make a safe, precision landing off the coast of Baja, California on December 11th.
“Today’s launch lays the groundwork for landing a woman and a person of color on the Moon for the first time in history,” said Senator Cantwell. “It also shows that Washington state remains an aerospace industry leader, with workers at 42 companies from seven different counties contributing components for the Artemis missions. Today’s success is key to inspiring the next generation of STEM workers and to maintaining U.S. leadership in space, which is why we fought to authorize NASA and Artemis in the recently passed CHIPS & Science Act.”
Washington contributes significantly to the Artemis program, with 42 companies providing components either for Artemis I or for later Artemis missions including: General Dynamics in Bothell, Aerojet Rocketdyne in Redmond, Blue Origin in Kent, and Toray Composites Material in Tacoma. A full list of Washington companies supporting the Artemis program is available HERE.
NASA astronauts Kayla Barron and Anne McClain, both Washington natives, are among the 18 people under consideration to go the Moon.
In November 2019, Senator Cantwell co-sponsored the bipartisan NASA Authorization Act of 2020, which aimed to recognize the Artemis missions in U.S. law for the first time. To provide certainty and stability for the program, language authorizing the Artemis missions and requiring NASA to establish stringent oversight requirements was eventually incorporated into the CHIPS & Science Act, which Cantwell spearheaded through Congress. The CHIPS & Science Act was signed into law on August 9, 2022.
The CHIPS & Science Act also authorizes an unprecedented $13 billion in STEM education funding at the National Science Foundation (NSF), representing a tripling of NSF’s annual STEM education budget. Nearly $2 billion is authorized to go to minority-serving institutions and other emerging research institutions around the country with a proven track record of helping grow a diverse workforce.
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WORLD NEWS HEADLINES
Concluding Its Session, Third Committee Approves 12 Draft Resolutions, including Texts on Occupied Palestinian Territory, Racism, World Drug Problem.
LINK SOURCE: https://press.un.org/en/2022/gashc4370.doc.htm
The Third Committee (Social, Humanitarian and Cultural) approved 12 draft resolutions as it concluded its work today, including texts addressing the right of peoples to self-determination, racism, xenophobia and related intolerance, and the world drug problem.
A draft on the right of Palestinian people to self-determination was approved in a recorded vote of 167 in favour to 5 against (Nauru, Marshall Islands, United States, Israel, Micronesia), with 7 abstentions (Cameroon, Kiribati, Guatemala, Palau, Rwanda, Solomon Islands, Togo).
By its terms, the Assembly would stress the urgency of ending the Israeli occupation and a lasting peace settlement between the two sides. It would also underscore the need to respect the territorial integrity of the Occupied Palestinian Territory, including East Jerusalem, and urge States to assist the Palestinian people in the realization of their right to self-determination.
Addressing the draft, the observer for the State of Palestine said that Israel’s occupation severely impedes the Palestinian people’s exercise of the right to self-determination. She highlighted human rights violations in her territory, including forcible displacement of Palestinians, arbitrary arrests, property confiscations, annexation of Jerusalem and blockade of Gaza. “These violations must end for peace to begin,” she said, stressing the inadmissibility of acquiring territory by force.
Meanwhile, the representative of Israel disputed the political motive behind the related draft, indicating that, beginning with non-combative resolutions, Palestinians proceed to abuse such topics to promote their agenda. Asking delegations to imagine if the United Nations gave all those seeking self‑determination even a tenth of the attention it gives the Palestinians, she said the draft represents “a relic of the past”, with Israel being isolated in the Middle East and the Organization used to undermine its existence.
The Committee also approved, without a vote, a draft resolution on the universal realization of the right of peoples to self-determination. By the text, the Assembly would call on those States responsible to cease military interventions in and occupation of foreign countries and territories, as well as the brutal methods employed against the populations.
The representative of Spain said that an administering Power of the colonized territory of Gibraltar attempts to create the illusion that the colonial tie has disappeared, while “these authorities claim that the hypothetical right to self-determination continues to prevail”. He stressed the urgency of resuming dialogue between Spain and the United Kingdom to find a solution in line with the principles of the United Nations and reach an agreement on implementation of a new framework for regional cooperation.
In rebuttal, the representative of the United Kingdom, reaffirming his country’s sovereignty over Gibraltar, said the State that is sovereign over the land is also sovereign over territorial waters out to three nautical miles or the median line. The United Kingdom will uphold a range of proportionate diplomatic and naval responses to illegal incursions by Spanish State vessels, he added. The representative of Argentina said the right to self-determination is only applicable if a people is subjected to domination and foreign occupation. Further, it should be interpreted within the framework of the United Nations Charter and relevant resolutions.
In other action, the Committee adopted a text on the elimination of racism, racial discrimination, xenophobia and related intolerance, by a recorded vote of 126 in favour to 17 against, with 36 abstentions. The text would have the Assembly regret the evils inflicted on millions as a result of slavery, colonialism, apartheid, genocide and past tragedies. It would also call on States that have not already done so to dispense reparatory justice.
The representative of South Africa said racism also affects inter-State relations and many countries are frustrated by the lack of commitment to implement the Durban Declaration and Programme of Action. He added the text is not antisemitic and called for “righting the wrongs of the past”.
The Committee also approved a draft resolution on the world drug problem, by a vote of 116 in favour to 9 against (Belarus, Cameroon, Iran, Nicaragua, Nigeria, Russian Federation, Syria and Türkiye) with 45 abstentions. By the text, the Assembly would urge Member States and other donors to continue to fund the global drug problem response to address the growing HIV/AIDS epidemic among people who inject drugs, and in prisons.
On that draft, India denounced changes in the text compared to previous omnibus resolutions, which exclude critical paragraphs, including those relating to the International Narcotics Control Board. Many delegates echoed such concerns, noting the text became far from comprehensive and balanced, despite its title, or that the negotiating process was rushed and not transparent.
The representative of the Russian Federation underscored that the draft fails to mention the elimination of poppy cultivation, stressing that the world drug problem poses a threat to the national security of many States, including his own. The representative of Mexico expressed regret that Moscow set a precedent by calling for a vote on the text, which reflects 25 hours of negotiations.
In closing remarks, Chair José Alfonso Blanco Conde (Dominican Republic) expressed his sincere gratitude to the commitment, contributions and the work of Committee members, underlining the importance and crucial nature of matters it considers, including children’s rights, crime prevention and criminal justice. In this first in-person session after the pandemic, he expressed confidence that better results were reached with face-to-face meetings. “We must keep bridges and doors open; each of you can make a difference,” he said.
The Committee also approved draft resolutions on social development; ageing; the family; Human Rights Council report; human rights instruments; the role of Ombudsman and mediator institutions; and violence based on religion or belief.
In addition, the Committee approved its provisional work programme for the seventy‑eight session.
The Committee concluded its seventy-seventh session with delegates from the United Kingdom, Syria, Egypt and the Chair reciting self‑penned poems about themes that dominated its discussions.
Action on Draft Resolutions
The Committee next took up the draft resolution titled “Implementation of the outcome of the World Summit for Social Development and of the twenty‑fourth special session of the General Assembly” (document /Rev.1), which the Chair noted contained no programme budget implications.
The representative of Pakistan, introducing the draft on behalf of the “Group of 77” developing countries and China, said it presents updated recommendations on the World Summit for Social Development’s outcome, with a focus on eradicating poverty, eliminating inequality and improving access to education. Social development is facing serious challenges, such as the rise of extreme poverty, food insecurity, lack of access to education, energy, unemployment, he said, urging the international community to respond to these pressing issues. The significance of social development remains as relevant as it was in 1995 and unity and solidary of the international community is required more than ever. He called on all Member States to vote in favour of the draft.
The representative of the United States voiced disappointment that the text also addresses issues beyond the scope of the Committee, but said he will not block consensus in the spirit of cooperation. However, he disassociates from preambular paragraph 22, operative paragraph 32 and 63. The text does not appropriately capture agreed language of World Trade Organization (WTO) agreements on Trade-Related Aspects of Intellectual Property Rights, Doha agreements on the latter rights and public health. On preambular paragraph 22 and its reference to foreign occupation, he reaffirmed the United States’ commitment to a two‑state solution for the Israeli Palestinian conflict and to improve the lives of Palestinian people, including through sustainable development. On operative paragraph 31, the United States believes that the United Nations guiding principles on business and human rights provide an important global framework and apply to all forms of business enterprises. It is inappropriate for the United Nations to call on international financial institutions to provide debt relief. On operative paragraph 63, he said that the phrase “the international community shall increase market access” is wholly unacceptable, as such language is only appropriate in binding texts.
The representative of the United Kingdom said that the primary responsibility for the protection of human rights, including on health, lies with the State. International cooperation must be viewed in support of State efforts, not as a substitute, nor as a condition for guaranteeing human rights. Each State has the responsibility to protect human rights of persons in its territory. For that reason, the United Kingdom interprets “serve” in preambular paragraph 42 to mean “can benefit,” rather than “is necessary for”. Despite these concerns, the United Kingdom will join consensus on the draft.
The Committee then approved, without a vote, draft “L.14/Rev.1”.
By its terms, the General Assembly would express deep concern over the persistent feminization of poverty that increases vulnerability to trafficking in persons in least developed countries. It would also express deep concern that the COVID‑19 pandemic continues to have a devastating impact on sustainable development, and disproportionately affects people in vulnerable situations. By further terms, the Assembly would urge Member States to strengthen social policies, paying attention to needs of marginalized social groups, including people living with HIV/AIDS, Indigenous Peoples, and refugees. The representative of Mexico said her delegation joined consensus and provided several contributions to the text, including on the digital divide and investment in women and children to reduce poverty, inequality, and hunger. Preambular paragraph 6 contains a factual error, as it preemptively indicates what the outcome of the World Summit on Social Development in 2025 should be. Discussions on the scope and outcome of the Summit should take place in open, inclusive, and transparent consultations, with facilitators explicitly appointed for it. Surprisingly, the sponsors of the draft did not correct this error. As such, Mexico dissociates from preambular paragraph 6.
The Committee next took up the draft resolution titled “Follow-up to the Second World Assembly on Ageing” (document A/C.3/77/L.10/Rev.1) which the chair noted contains no programme budget implications.
Introducing the draft, the representative of Pakistan, speaking on behalf of the Group of 77 and China, said it focuses on two important issues - access to information technologies and housing for ageing persons. Calling on the international community to close digital divides, he encouraged Member States to promote digital literacy, without any discrimination relating to socioeconomic status, race or language. Further, the draft includes language emphasizing the importance of access to justice for older persons to protect them against harmful practices, such as forced eviction. He invited States that have not yet done so to co-sponsor the text.
The text “L.10/Rev.1” was then approved by consensus.
By its terms, the Assembly would be concerned that health systems are not prepared to respond to the needs of the ageing population and that older persons’ rate of poverty has increased as a result of global economic crises. It would also be concerned that older women are at greater risk of physical and psychological abuse and violence and would reiterate that their needs and perspectives must be considered in disaster risk reduction. The Assembly would further urge Member States to develop and strengthen programmes promoting healthy and active ageing as well as the prevention and control of non-communicable diseases for older persons.
The Representative of Argentina, acknowledging the importance of access to information technologies for older persons, stressed that digital literacy must be prioritized for them. As the number of older persons will surpass that of children in the world in 2050, all sustainable development policies must include them as active participants, she said, calling for a legally binding instrument for older persons as States have done for children.
The representative of Hungary said his delegation joined consensus to foster more inclusive societies but noted that the country’s legislation interprets gender and sex as the same, with most references meaning “biological sex” and would therefore interpret operative paragraph 38 mentioning “transgender” accordingly.
The representative of the United Kingdom said that older persons are more likely than any other age group to have disabilities. The United Kingdom will continue its consultations with the open-ended working group to establish a multilateral instrument on older persons. Welcoming language in the text on technology, he said increased access to it for 2.5 billion people in need will contribute to development through inclusion in the workforce and education. He expressed support for language in operative paragraph 37 on the multiple and intersecting forms of discrimination that older persons face, as older persons with disabilities are the most likely to be left behind in societies.
The representative of the Russian Federation, expressing concern for ageing populations, pointed to the solid foundation set out for them by the Madrid National Plan of Action. He expressed concern about operative paragraph 63, adding that changes to the working group will be premature and threaten its outcome. He disassociated from the paragraph.
The representative of Malaysia said his delegation joined the consensus but disassociates itself from the term “multiple and intersecting forms”, as it is inconsistent with his country’s position.
The Committee next took up the draft resolution titled “Preparations for and observance of the thirtieth anniversary of the International Year of the Family” (document A/C.3/77/L.15/Rev.1), which the Chair noted contains no programme budget implications.
Introducing the text, the representative of Pakistan, speaking on behalf of the Group of 77 and China, said that it focuses on mega-trends, including urbanization, climate change and migration. Underscoring the importance of digital literacy, the text also calls for evidence-based research on the effects of technology and artificial intelligence on family balance and parental education. He welcomed the International Year of the Family as an opportunity to raise awareness and take action to strengthen development.
Speaking before the draft’s approval, the representative of the Czech Republic, speaking on behalf of the European Union in its capacity as observer, welcomed elements on early, child and forced marriage in the COVID‑19 context as well as bridging the gender digital divide and cyberbullying. He expressed regret, however, that many of the bloc’s proposals for the text were not accepted, including measures to fight sexual and gender-based violence, intimate partner violence and multiple and intersecting forms of discrimination. He also noted that the deletion of language on childcare from the text is a step backwards in ensuring women’s participation in the labour market. He stressed that the European Union recognizes that, in different political, cultural and social systems, various forms of the family exist. References to “family functioning” is unclear and problematic, he said, reiterating that States have the primary responsibility to provide support to families and expressing regret that States claiming to support families tried to undermine Member States’ commitments to policies.
The draft “L.15/Rev.1” was then approved without a vote.
By its terms, the Assembly would call on Member States to offer support to working parents through, inter alia, expanded child and family benefits and paid family leave and sick leave. It would also request that the focal point on the family be the Department of Economic and Social Affairs to enhance collaboration with regional commissions, funds and programmes. Further, the Assembly would call on Member States and United Nations bodies to provide information on their activities, including good practices at the national level. It would request the Secretary-General to submit a report to the General Assembly at its seventy-eighth session on the implementation of the present resolution.
The representative of Uruguay welcomed references in the draft to social protection systems and public services. He added that references to gender‑based violence should be underscored when discussing the family, as it often occurs internally and between intimate partners. The family should protect children and family members from gender‑based and intimate partner violence. His country recognizes families in all their diversities, which are often a source of discrimination. He said resolutions of this issue should consider various types of families globally, including those led by single parents and members of the LGBTQI community.
The representative of the United States voiced concerns that the draft promotes “narrow visions” of the family, which impede gender equality, undermine the rights of women and girls and exclude Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) persons. Adding that diverse families exist everywhere in the world, which is “not a normative statement, it is a fact”, he said States should recognize and support them globally.
The representative of Mexico said her State identifies and protects various forms of families, adding that, since October, the marriage of people of the same sex is legal in the country. She regretted that the resolution does not go deeper on the various forms of family that exist worldwide. Refusing to recognise the existence of sexual and gender‑based violence in a family context, primarily against women and girls, is a serious stumbling block when it comes to fighting this problem, she said. Her delegation interprets “family” through the lens of diversity, and forms of violence within families to include sexual and gender‑based violence.
The representative of the United Kingdom expressed disappointment that, year after year, States are unable to make progress on this text and update language. She stressed the importance of recognizing the value of intergenerational interaction and cooperation, adding that policies must be inclusive and responsive to the changing needs and expectations of families. Noting that the make‑up of families has changed and continues to change worldwide, she said her country respects that families can have many different compositions, all deserving equal societal support and respect.
The Committee next took up the draft resolution titled “Report of the Human Rights Council” (document A/C.3/77/L.53), which the Chair noted contains no programme budget implications.
Introducing the draft, the representative of South Africa, speaking on behalf of the African Group, said the mandate of the Human Rights Council can only be implemented effectively if it is applied based on the principles of non-politicization, non-selectivity, objectivity, transparency, and international cooperation. Her Group remains convinced that the Universal Periodic Review is the sole mechanism for the Council’s work in fulfilling States’ human rights obligations and improving the human rights situation globally, she said. Reaffirming the Group’s principled position on the notion of justiciability of economic, social, and cultural rights, she said their progressive realization is informed by a recognition that “extreme poverty and social exclusion constitute a violation of human dignity” and that urgent steps are necessary to achieve better knowledge of extreme poverty and its causes, through the realization of the right to development. Adding that it is imperative the Council reports annually to the General Assembly, she said the text takes note of the reports of the Council, its addendum and recommendations, inviting States to support the draft.--(see link source for more details)
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Remarks by Ambassador Linda Thomas-Greenfield at a UN Security Council Briefing on Russia’s War Against Ukraine.
AS DELIVERED
Thank you, Mr. President. And thank you, Under-Secretary-General DiCarlo, for your valuable briefing today.
Colleagues, I want to start by noting the tragic explosion that killed two people in Poland near the Ukrainian border. We extend our deepest condolences to the loved ones of those Polish citizens who were killed. As President Biden told President Duda last night, we stand with Poland in this difficult moment and have offered our full support for and assistance with Poland’s investigation to determine exactly what happened. We have complete confidence in the Polish government’s investigation and appreciate the calm, careful, and measured response.
While we still don’t know all of the facts, we do know one thing: This tragedy would never have happened but for Russia’s needless invasion of Ukraine and its recent missile assaults against Ukraine’s civilian infrastructure.
The UN charter is clear – Ukraine has every right to defend itself against this barrage. Defend its sovereignty. Defend its territorial integrity. The more than 90 missiles that rained down on Kyiv and other targets in Ukraine have devastated civilian infrastructure. In fact, this may have been the widest scale missile attack since the beginning of the war. Now, millions of Ukrainians are without heat or electricity. We extend our solidarity with the Ukrainian people for the fallout of this attack, and our deepest condolences for those lives lost.
This is a deliberate tactic by Putin. He seems to have decided that if he can’t seize Ukraine by force, he will try to freeze the country into submission. It is hard to overstate how horrific these attacks are.
When I was in Ukraine last week, I saw first-hand the tremendous suffering these kinds of attacks, and this war, has wrought on the Ukrainian people and Europe more broadly. I know we have all seen the photos of cratered playgrounds, bombed-out hospitals, and destroyed homes across Ukraine. But no photograph can capture the real lives affected, the real people suffering the immense human toll of Russia’s war against a fellow UN Member State.
I felt that toll when I spoke with a mother in Kyiv who had to hold her daughter’s lifeless, bloody hand after a Russian attack on her apartment building. Her daughter, in her mother’s words, “just wanted to go to school.”
I felt that toll when I met with a humanitarian aid worker who was detained and tortured by Russian forces. She was so traumatized that she could only share a portion of the horrors she experienced, unable to put the rest into words.
I felt that toll when I met a 10-year-old named Melina, who lived in a facility where displaced families were gathered to prepare for a bitterly cold winter. A facility which itself had once been hit and damaged by Russian missiles.
I was there to announce more humanitarian funding from the United States to provide supplies and support while Russia prepared to weaponize the winter. I made that announcement in the dark, during a blackout caused by Russian attacks.
Afterwards, I asked Melina what she would do when the war was over. And I could tell that this was something that she had given some thought to. She said, simply, she wanted to see her best friend, who she had not seen since the start of the war. And I have to say I wondered if she would someday see her friend again.
Colleagues, when I met with President Zelenskyy, his message was simple: he seeks peace. He told me he seeks a just peace that is based on the UN Charter and its principles, which is what everyone in this Council is here to uphold and defend. We cannot say the same for Russia. As Secretary Blinken has told this Council, “If Russia stops fighting this war today, the war ends. If Ukraine stops fighting, Ukraine ends.”
It is Ukrainian civilians who are in danger. It is Ukrainian civilians whose electricity grids have been targeted, who aren’t sure how they will keep warm throughout the winter. It is Ukrainian civilians who are suffering.
There is one man sitting comfortably in Moscow who can put a stop to this brutal, horrific war right now. This second. But until he does, we must address not only the scale of the humanitarian and human rights crisis unfolding in Ukraine, but also the continued spillover effects of this needless war. Just look at the outsized harm done by Russia’s exacerbation of the global food security crisis.
Colleagues, if you are looking for a practical way to lower tensions and help those in need, it would be by supporting and securing an extension of the Black Sea Grain Initiative. According to the UN’s records, nearly 500 ships carrying over 10 million metric tons of grain and other food items have departed under this initiative. That’s enough to feed tens of millions of people. The Black Sea Grain Initiative has helped stabilize food markets, with reports that prices have fallen to pre-war levels. Two-thirds of the wheat exported under the Initiative has gone to the Global South. But the deadline for renewing the deal is fast-approaching.
When I was in Kyiv, I visited a granary and heard that farmers need this deal to be extended so they will have the confidence to plant their wheat and continue serving as a breadbasket to the developing world. I could hear the desperation in their voices, and I promised them that I would take their message back to the Security Council.
Russia must extend this essential, lifesaving arrangement. Russia must allow these ships to keep feeding the world. And I call on our fellow Council members to make the same calls, with the same urgency, to keep the deal alive.
In the long run, the only way to ensure food supplies are not impacted further is for Russia to withdraw its troops, stop the atrocities, and end the war. But in the meantime, we are grateful for the efforts of Türkiye and the UN in sustaining and expanding this lifesaving initiative. And I hope, sincerely, that we can continue to strive – with Ukraine in the driver’s seat – toward a just and lasting peace.--USUN
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Targeting Russian Corruption in the Guatemalan Mining Sector.
US STATE DEPT.
Link SOURCE: https://www.state.gov/targeting-russian-corruption-in-the-guatemalan-mining-sector/
The United States took action today to promote accountability for Russia-linked actors engaging in corruption in Guatemala. We remain steadfast in our commitment to identify acts of corruption that threaten the United States and the democratic institutions of our partners and allies.
Today, the U.S. Department of the Treasury imposed sanctions on one Russian individual, Dmitry Kudryakov, and one Belarusian individual, Irina Gennadievna Litviniuk, for their role in corruptly exploiting the Guatemalan mining sector, as well as three associated entities connected with their corruption schemes. Kudryakov, along with Litviniuk, allegedly led multiple bribery schemes over several years involving politicians, judges, and government officials to advance Russian mining interests. These individuals and entities are designated pursuant to Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption around the world.
Corruption is a key vector for Russian harmful influence. These designations target an egregious Russian corruption network in order to disrupt its exploitative practices within the Guatemalan mining industry. The United States stands steadfastly with the people of Guatemala and supports their efforts to protect their country’s natural resources. We will not hesitate to use the tools at our disposal to help ensure that those who profit from corruption face tangible and significant consequences.
(9) NATIONAL HEADLINES
HUD PRESERVES 87 AFFORDABLE RENTAL HOMES THROUGH RENTAL ASSISTANCE DEMONSTRATION (RAD) CONVERSION WITH THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK
Recently closed RAD conversion transaction supports affordable rental homes across three properties in southwest Little Rock, AR.
LINK SOURCE: https://www.hud.gov/press/press_releases_media_advisories/HUD_No_22_237
WASHINGTON, D.C. – The U.S. Department of Housing and Urban Development’s Office of Multifamily Housing recently closed a Rental Assistance Demonstration (RAD) transaction with the Housing Authority of the City of Little Rock, AR, to preserve and rehabilitate 87 affordable rental homes across three of the housing authority’s properties: Sunset Terrace, Stephens Apartment Homes, and Central High Apartment Homes. The transaction includes a construction budget of $15 million to renovate the three properties, and the conversion of the rental assistance at the properties to HUD’s Section 8 project-based voucher program. The three properties are all located southwest of downtown Little Rock.
“With this step, HUD is investing in affordable rental housing in Little Rock, Arkansas to ensure it’s maintained and improved over time,” said HUD Secretary Marcia Fudge. “The improvements we are making will update HVAC systems, improve accessibility, and modernize the properties to provide families with safe, well-maintained homes.”
Sunset Terrace was built in 1942 as housing for military and manufacturing families during World War II. Due to the property’s age, it has unmet capital needs, limited amenities, undersized homes, and Americans with Disabilities Act non-compliance. The property will be completely renovated using part of the $15 million in renovation funding leveraged through RAD. The rehabilitation will include the replacement of windows, flooring, cabinetry, and HVAC systems, and will expand kitchens, dining areas, bedrooms, and bathrooms. Homes will also be renovated to meet accessibility, mobility, and vision requirements. Exterior work will include replacement of roofing, siding, walkways, curbs, parking, plumbing, and utilities (sewer, electrical, gas, and water), and the addition of urban gardens and updated playground areas. The roof lines will be altered from 1940s architectural features to a more modern style.
Rehabilitation at the Central and Stephens properties will be less extensive due to their recent construction in 2011 and will include replacement of HVAC, lighting fixtures, flooring, interior and exterior doors, bathroom vanities and sinks, kitchen cabinetry, countertops and appliances, asphalt pavement, parking, and striping.
The transformation in Little Rock is made possible through a RAD program component that blends its use with Section 18 of the National Housing Act that allows for the disposition of obsolete public housing properties. A RAD/Section 18 Blend allows for the preservation and rehabilitation of affordable public housing rental homes that would otherwise become unavailable. Since its creation in 2018, over 60 Public Housing Authorities have completed almost 100 transactions using the RAD/Section 18 Blend. Through these conversions, PHAs were able to invest over $4 billion to substantially rehabilitate or redevelop approximately 25,000 public housing homes, providing significantly improved housing conditions for low-income families.
The Housing Authority of the City of Little Rock leveraged RAD to fully financing their $15 billion construction budget through several sources:
Commercial Mortgage
Public Housing Capital Funds
HOME Funds
National Housing Trust Funds
4% Low-Income Housing Tax Credits
About RAD
RAD was designed to help address the multi-billion-dollar nationwide backlog of deferred maintenance in the public housing portfolio and to stem the loss of affordable housing that could no longer be kept to decent standards. From the program’s inception through November 1, 2022, the Rental Assistance Demonstration has facilitated more than $15 billion in capital investment to improve or replace nearly 185,000 deeply rent-assisted homes, most of which house extremely low-income families, seniors, and persons with disabilities.
Under RAD, projects funded under the public housing program convert their public housing assistance to project-based Section 8 rental assistance. Under Section 8, residents continue to pay 30% of their income towards rent and the housing must continue to serve those with very low and extremely low incomes, as was the case when the property was assisted through the public housing program. Residents must be notified and consulted prior to conversion, are given a right to return to assisted housing post-construction so that the same tenants can enjoy these newly preserved and improved apartments and maintain the same fundamental rights they had as public housing residents.
RAD Resources
More programmatic information is available at the RAD website. Data on RAD is available at the RAD Resource Desk.
View photo essays and read case studies where RAD is working to successfully preserve and improve public housing for low-income families.
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Biden-Harris Administration Announces More Than $109 Million to Create Good-Paying Union Jobs, Catalyze Economic Revitalization
President Biden’s Bipartisan Infrastructure Law will clean up hazardous sites, address environmental injustices.
WASHINGTON — The Biden-Harris administration today announced $109.48 million from President Biden’s Bipartisan Infrastructure Law to create good-paying union jobs and catalyze economic opportunity by reclaiming abandoned mine lands (AML) in Alabama, Illinois, Iowa, Kansas and New Mexico.
The Department of the Interior has made $725 million available to 22 states and the Navajo Nation in fiscal year 2022. Over $533 million in awards were announced last month for Kentucky, Maryland, Ohio, Pennsylvania, Virginia and West Virginia. Funding will be awarded to additional eligible entities on a rolling basis as they apply.
“Through President Biden’s Bipartisan Infrastructure Law, we are making a once-in-a-generation investment to clean up environmental hazards that are harming local communities,” said Secretary Deb Haaland. “Reclaiming and restoring these sites will create jobs, revitalize economic activity, and advance outdoor recreation. I am so excited about what we can do with these new resources, today and for future generations.”
Millions of Americans nationwide live within just one mile of an abandoned coal mine or orphaned oil and gas well. The Bipartisan Infrastructure Law allocates a total of $11.3 billion in AML funding over 15 years, facilitated by the Office of Surface Mining Reclamation and Enforcement (OSMRE). This historic funding is expected to address the vast majority of inventoried abandoned coal mine lands in this country, which will help communities eliminate dangerous environmental conditions and pollution caused by past coal mining.
AML reclamation supports jobs in coal communities by investing in projects that close dangerous mine shafts, reclaim unstable slopes, improve water quality by treating acid mine drainage, and restore water supplies damaged by mining. It also enables economic revitalization by reclaiming hazardous land for recreational facilities and other economic redevelopment uses like advanced manufacturing and renewable energy deployment. As required by the Bipartisan Infrastructure Law, funding will prioritize projects that employ dislocated coal industry workers.
This funding will enable states to remediate abandoned mines that are leaking methane – a key contributor to climate change. This comes as part of the Biden-Harris administration’s unprecedented investments in coal, oil and gas and power plant communities. This effort also advances the President’s Justice40 Initiative which commits to delivering 40% of the benefits of certain climate and clean energy investments to disadvantaged communities.
As required by the Bipartisan Infrastructure Law, allocations are determined based on the number of tons of coal historically produced in each state or on Indian lands before August 3, 1977, when the Surface Mining Control and Reclamation Act of 1977 (SMCRA) was enacted. States are guaranteed at least $20 million over the 15-year life of the program if their inventory of AML sites would cost more than $20 million to address. As state AML inventories are updated, future distributions will change.
These investments supplement traditional annual AML grants, which are funded by coal operators and ensured to be provided through 2034, thanks to language in the Bipartisan Infrastructure Law. Under the AML reclamation program, OSMRE has provided more than $8 billion to reclaim lands and waters that were mined or affected by mining prior to 1977, when SMCRA was enacted by Congress.
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Attorney General Merrick B. Garland Delivers Remarks on the Appointment of a Special Counsel.
LINK SOURCE: https://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-delivers-remarks-appointment-special-counsel
Good afternoon.
I am here today to announce the appointment of a Special Counsel in connection with two ongoing criminal investigations that have received significant public attention.
The first, as described in court filings in the District of Columbia, is the investigation into whether any person or entity unlawfully interfered with the transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021.
The second is the ongoing investigation involving classified documents and other presidential records, as well as the possible obstruction of that investigation, referenced and described in court filings in a pending matter in the Southern District of Florida.
I am joined today by Deputy Attorney General Lisa Monaco, U.S. Attorney for the District of Columbia Matthew Graves, and Assistant Attorney General for the Criminal Division Kenneth Polite. Assistant Attorney General for National Security Matthew Olsen could not be here. He is currently in Germany, representing the Department at the G7 home affairs and security ministerial.
U.S. Attorney Graves has been ably leading the investigations into the events leading up to and on January 6. He and dozens of assistant U.S. Attorneys and other prosecutors have taken on the monumental task of conducting over 900 prosecutions in defense of our democratic institutions.
Criminal Division prosecutors under the able leadership of Assistant Attorney General Polite have played a significant role in those prosecutions.
Assistant Attorney General Olsen has been ably leading the team responsible for investigating the matter involving classified documents and other presidential records, as well as the possible obstruction of that investigation.
All of the career prosecutors assigned to these matters are conducting their work in the best traditions of the Department of Justice.
I also want to recognize the efforts of the many FBI agents and other law enforcement personnel who are assigned to these matters. They are working courageously and steadfastly, and are serving our nation honorably. I am grateful to them. We all are.
The Department of Justice has long recognized that in certain extraordinary cases, it is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution.
Based on recent developments, including the former President's announcement that he is a candidate for President in the next election, and the sitting President's stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a Special Counsel.
Such an appointment underscores the Department's commitment to both independence and accountability in particularly sensitive matters. It also allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law.
The Special Counsel will conduct parts of the first investigation I just mentioned: the investigation into whether any person or entity unlawfully interfered with the transfer of power following the 2020 presidential election or with the certification of the Electoral College vote held on or about January 6.
This does not include prosecutions that are currently pending in the District of Columbia, or future investigations and prosecutions of individuals for offenses committed while they were physically present on the Capitol grounds on January 6. Those investigations and prosecutions will remain under the authority of the U.S. Attorney for the District of Columbia.
The Special Counsel will also conduct the investigation involving classified documents and other presidential records, as well as the possible obstruction of that investigation.
Today, I signed an order appointing Jack Smith to serve as Special Counsel. The order authorizes him to continue the ongoing investigations into both of the matters that I have just described and to prosecute any federal crimes that may arise from those investigations.
Mr. Smith is a veteran career prosecutor.
He began his prosecutorial career in 1994 as an Assistant District Attorney with the New York County DA's Office. In 1999, he became an Assistant U.S. Attorney for the Eastern District of New York, where over the course of nine years he prosecuted matters ranging from gang murders of police officers to civil rights violations. From 2008 to 2010, he served with the International Criminal Court, where he supervised war crimes investigations.
In 2010, Mr. Smith returned to the Justice Department to serve as chief of the Public Integrity Section, where he led a team of more than 30 prosecutors who handled public corruption and election crimes cases across the United States. In 2015, he agreed to serve as the First Assistant U.S. Attorney for the Middle District of Tennessee, later becoming the Acting United States Attorney.
Most recently, Mr. Smith served as the chief prosecutor for the special court in the Hague charged with investigating and adjudicating war crimes in Kosovo. Mr. Smith will begin his work as Special Counsel immediately, and will be returning to the United States from The Hague.
Throughout his career, Jack Smith has built a reputation as an impartial and determined prosecutor, who leads teams with energy and focus to follow the facts wherever they lead.
As Special Counsel, he will exercise independent prosecutorial judgment to decide whether charges should be brought. Although the Special Counsel will not be subject to the day-to-day supervision of any official of the Department, he must comply with the regulations, procedures, and policies of the Department.
I will ensure that the Special Counsel receives the resources to conduct this work quickly and completely. Given the work done to date and Mr. Smith's prosecutorial experience, I am confident that this appointment will not slow the completion of these investigations.
The men and women who are pursuing these investigations are conducting themselves in accordance with the highest standards of professionalism. I could not be prouder of them.
I strongly believe that the normal processes of this Department can handle all investigations with integrity. And I also believe that appointing a Special Counsel at this time is the right thing to do. The extraordinary circumstances presented here demand it.
Mr. Smith is the right choice to complete these matters in an even-handed and urgent manner.
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BUSINESS NEWS
10 Charged in Business Email Compromise and Money Laundering Schemes Targeting Medicare, Medicaid, and Other Victims.
Justice Department’s first coordinated action against individuals using BEC and money laundering schemes to target public and private health insurers
The U.S. Department of Justice announced charges today against 10 defendants in multiple states in connection with multiple business email compromise (BEC), money laundering, and wire fraud schemes that targeted Medicare, state Medicaid programs, private health insurers, and numerous other victims and resulted in more than $11.1 million in total losses.
“The Criminal Division and our partners are committed to holding accountable those who seek to line their own pockets through sophisticated business email compromise and money laundering schemes targeting public and private health insurers as well as individual victims,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As these cases demonstrate, we will work tirelessly to combat fraud affecting Medicare and Medicaid, which are vital in providing health care to millions of Americans, including some of our most vulnerable citizens.”
The charges stem primarily from BEC schemes in which individuals posing as business partners are alleged to have fraudulently diverted money from victims’ bank accounts into accounts they or co-conspirators controlled (sometimes through the use of recruited “money mules”) by using spoofed email addresses, bank account takeovers, and similar fraudulent methods designed to deceive victims into believing they were making legitimate payments.
“These defendants defrauded numerous individuals, companies, and federal programs, resulting in millions of dollars in financial losses to vital federal programs meant to provide assistance to those in need,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “We pledge to continue to work alongside our federal and state partners to investigate and prosecute those who engage in fraud and money laundering activities resulting in financial and psychological harm to members of our communities.”
“In the District of South Carolina, we’ve seen a marked increase in email scams, identity theft, and related money laundering schemes,” said U.S. Attorney Adair Boroughs for the District of South Carolina. “These indictments demonstrate our unwavering commitment to fighting internet crime and holding internet fraudsters accountable, particularly when their schemes target taxpayer-funded programs intended to benefit the most vulnerable among us.”
The prosecutions announced today include alleged schemes that fraudulently diverted payments intended for hospitals to provide medical services to patients. For example, fraudulent emails from accounts resembling those associated with actual hospitals were allegedly sent to public and private health insurance programs requesting that future reimbursements be sent to new bank accounts that did not belong to the hospitals. Unwittingly, five state Medicaid programs, two Medicare Administrative Contractors, and two private health insurers allegedly were deceived into making payments to the defendants and their co-conspirators instead of depositing the reimbursement payments into bank accounts belonging to the hospitals. The defendants and their co-conspirators allegedly laundered the proceeds fraudulently obtained from these health care benefit plans and from other victims by, among other things, withdrawing large amounts of cash, layering them through other accounts they or their co-conspirators opened in the names of false and stolen identities and shell companies, transferring them overseas, and purchasing luxury goods and exotic automobiles.
“These allegations depict a brazen effort to siphon monies, in part, from essential health care programs to instead fund personal gain,” said Deputy Inspector General for Investigations Christian J. Schrank of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “A top concern of HHS-OIG is the integrity of programs such as Medicare and Medicaid, so it is an utmost priority to pursue individuals who financially exploit them. This coordinated action is a prime example of the commitment that HHS-OIG and our law enforcement partners have to defending the federal health care system against fraud.”
“Millions of American citizens rely on Medicaid, Medicare, and other health care systems for their health care needs. These subjects utilized complex financial schemes, such as BECs and money laundering, to defraud and undermine health care systems across the United States,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Elder fraud and romance fraud schemes utilized by the subjects often target our most vulnerable citizens and the FBI is committed to pursuing justice for those who were victimized by these schemes.”
This week, charges were unsealed against six defendants in the Northern District of Georgia and against one defendant in the District of South Carolina. In addition, one defendant was previously charged in the Northern District of Georgia and one was previously charged in the Eastern District of Virginia. A third defendant previously charged in the Northern District of Texas has entered a guilty plea and been sentenced. The alleged schemes caused more than $4.7 million in losses to Medicare, Medicaid, and private health insurers, and $6.4 million in losses to other federal government agencies, private companies, and individuals, such as elderly romance fraud victims who were deceived into sending hundreds of thousands of dollars to the defendants and their co-conspirators.
The seven defendants against whom charges were unsealed this week are:
Biliamin Fagbewesa, 31, of Columbia, South Carolina, was charged by indictment in the District of South Carolina on Nov. 8 with three counts of money laundering and one count of unlawful procurement of naturalization. According to court documents, Fagbewesa allegedly used a stolen identity to open bank accounts in the name of a shell company to receive more than $1.4 million of proceeds fraudulently diverted from a state Medicaid program, a hospital, and others, approximately $583,000 of which Fagbewesa laundered and spent on, among other things, Fagbewesa’s rental payments. If convicted of the top count, he faces a maximum penalty of 20 years in prison.
Patrick Ndong-Bike, 32, of Atlanta, Georgia, was charged by indictment in the Northern District of Georgia on Nov. 15 with four counts of money laundering. According to court documents, Ndong-Bike allegedly used false identities to open bank accounts in the names of those identities and shell companies to receive approximately $2.4 million of proceeds of BEC fraud and other similar schemes, approximately $679,000 of which Ndong-Bike laundered and spent, including proceeds that were fraudulently diverted from Medicare and several private companies. If convicted of the top count, he faces a maximum penalty of 20 years in prison.
Desmond Nkwenya, 35, of Atlanta, Georgia, was charged by indictment in the Northern District of Georgia on Nov. 15 with two counts of money laundering and one count of bank fraud. According to court documents, Nkwenya allegedly used false identities to open bank accounts in the names of those identities and shell companies to receive approximately $308,000 derived from BEC fraud and other similar schemes, all of which Nkwenya laundered. Nkwenya also allegedly received approximately $119,000 as a result of a fraudulent Paycheck Protection Program loan application. If convicted of the top count, he faces a maximum penalty of 30 years in prison.
Cory Smith, 29, of Atlanta, Georgia was charged by indictment in the Northern District of Georgia on Nov. 15 with three counts of money laundering. According to court documents, Smith allegedly opened a bank account in the name of a false identity and used that account receive and launder more than $57,000 fraudulently diverted from a private company in a BEC scheme. If convicted of one of the counts, he faces a maximum penalty of 20 years in prison.
Chisom Okonkwo, 26, of Atlanta, Georgia, was charged by indictment in the Northern District of Georgia on Nov. 15 with three counts of wire fraud, two counts of aggravated identity theft, and six counts of money laundering. According to court documents, Okonkwo allegedly used stolen and false identities to open accounts in the names of shell companies that received approximately $830,000 in proceeds from BEC fraud and other similar schemes, approximately $535,000 of which Okonkwo allegedly laundered through a variety of transactions, including withdrawing large amounts in cash. Okonkwo also allegedly paid for a luxury car through a fraudulent loan she obtained in the name of a stolen identity. If convicted of the top count, she faces a maximum penalty of 20 years in prison.
Olugbenga Abu, 45, of Atlanta, Georgia, was charged by indictment in the Northern District of Georgia on Nov. 15 with one count of bank fraud, one count of wire fraud, and four counts of money laundering. According to court documents, Abu allegedly used a false identity to open a bank account that received and laundered more than $95,000 of BEC fraud proceeds. Abu also allegedly obtained a fraudulent loan of more than $341,000 and fraudulently sought an additional $65,000 of loan proceeds from the Small Business Administration (SBA). If convicted of the top count, he faces a maximum penalty of 30 years in prison.
Trion Thomas, 50, of Stone Mountain, Georgia, was charged by information in the Northern District of Georgia on Sept. 21 with conspiracy to commit money laundering. According to court documents, Thomas allegedly received and laundered $93,000 of Medicare payments that had been fraudulently diverted because of a BEC scheme that targeted Medicare. If convicted, he faces a maximum penalty of 20 years in prison.
The three defendants previously charged are:
Malachi Mullings, 29, of Sandy Springs, Georgia, was charged in the Northern District of Georgia on Feb. 22 with conspiracy to commit money laundering and seven substantive money laundering offenses. According to court documents, Mullings used numerous bank accounts opened in the name of a shell company, The Mullings Group LLC, to receive and launder millions of dollars derived from BEC schemes targeting a health care benefit program, private companies, and individual romance scam victims. In one instance, Mullings laundered $310,000 fraudulently diverted from a state Medicaid program that had been intended as reimbursement for a hospital. In another instance, Mullings received $260,000 from a romance scam perpetrated on an elderly victim, which he subsequently used to purchase a Ferrari. If convicted of the top count, he faces a maximum penalty of 20 years in prison.
Adewale Adesanya, 39, of Jonesboro, Georgia, pleaded guilty in the Northern District of Texas on June 2 to conspiracy to commit money laundering and use of a false passport. According to court documents, Adesanya used a false passport in the name of “Timi Graig” to create a shell company for the purpose of opening bank accounts to receive and launder more than $1.5 million obtained from BEC schemes targeting two state Medicaid programs, the IRS, the SBA, a private company, and two elderly romance scam victims. On Sept. 15, Adesanya was sentenced to four years in prison.
Sauveur Blanchard Jr., 49, of Richmond, Virginia, was charged by indictment in the Eastern District of Virginia on Sept. 8, 2021, with conspiracy to commit money laundering and four substantive money laundering offenses. According to court documents, Blanchard allegedly opened bank accounts in the names of shell companies to receive and launder more than $55,000 in Medicaid payments intended for a hospital but fraudulently diverted to Blanchard’s account. Trial in this matter is currently scheduled for Jan. 9, 2023. If convicted of any of the counts, he faces a maximum penalty of 20 years in prison.
In each case, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The HHS-OIG; FBI Omaha Field Office and Seattle Field Office; IRS Criminal Investigation; U.S. Department of Homeland Security Homeland Security Investigations; U.S. Department of State Diplomatic Security Service; U.S. Secret Service; Department of the Army Criminal Investigation Division; U.S. Department of the Treasury Office of Inspector General; Federal Deposit Insurance Corporation Office of Inspector General; Arkansas Medicaid Fraud Control Unit; Wisconsin Department of Justice Division of Criminal Investigation; Minnesota Commerce Fraud Bureau; and Polk County Sheriff’s Office in Iowa are investigating the cases.
Trial Attorneys Gary Winters, Chris Wenger, and Babu Kaza of the Criminal Division’s Fraud Section’s National Rapid Response Strike Force are prosecuting the cases, along with Assistant U.S. Attorney Kelly Connors for the Northern District of Georgia, Assistant U.S. Attorney Kaitlin Cooke for the Eastern District of Virginia, and Assistant U.S. Attorney Amy Bower for the District of South Carolina. Assistant U.S. Attorney Rachel Scherle for the Southern District of Iowa provided significant assistance in the investigation of these cases. The case against Adewale Adesanya in the Northern District of Texas was prosecuted by the Criminal Division’s Fraud Section and Assistant U.S. Attorney Marty Basu and former Assistant U.S. Attorney Erica Hilliard for the Northern District of Texas.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
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Fugitive Couple Extradited to the United States from Montenegro to Begin Prison Sentences for $20 Million Fraud.
SOURCE LINK:
A California couple who fled to Montenegro to avoid serving lengthy prison sentences has been returned to the United States after approximately one year and two months as fugitives.
Richard Ayvazyan, 44, and his wife, Marietta Terabelian, 38, were extradited by Montenegro and arrived in Los Angeles last night. They are expected to appear in U.S. District Court in Los Angeles this afternoon.
In June 2021, Ayvazyan and Terabelian were convicted by a federal jury of leading a conspiracy to fraudulently obtain over $20 million in COVID-19 relief funds. After the trial, Ayvazyan and Terabelian fled the United States. In November 2021, they were sentenced in absentia. Ayvazyan was sentenced to 17 years in prison, and Terabelian was sentenced to six years in prison. U.S. authorities later determined the couple had fled to Montenegro.
According to court documents and evidence presented at trial, Ayvazyan and Terabelian were members of a Los Angeles-based fraud ring who engaged a scheme to fraudulently obtain more than $20 million in Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) COVID-19 relief funds. Ayvazyan and Terabelian used dozens of fake, stolen, or synthetic identities – including names belonging to elderly or deceased people and foreign exchange students who briefly visited the United States years ago and never returned – to submit fraudulent applications for approximately 150 PPP and EIDL loans.
In support of the fraudulent loan applications, Ayvazyan and Terabelian also submitted false and fictitious documents to lenders and the Small Business Administration (SBA), including fake identity documents, tax documents, and payroll records. Ayvazyan and Terabelian then used the fraudulently obtained funds as down payments on three luxury homes in California. They also used the funds to buy gold coins, diamonds, jewelry, luxury watches, fine imported furnishings, designer handbags, clothing, and a Harley-Davidson motorcycle.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Martin Estrada for the Central District of California; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge Tyler Hatcher of the IRS Criminal Investigation (IRS-CI), Los Angeles Field Office; Special Agent in Charge Weston King of the SBA Office of Inspector General (SBA-OIG), Western Region; and Special Agent in Charge Jay N. Johnson of the Federal Housing Finance Agency Office of Inspector General (FHFA-OIG) Western Region, made the announcement.
The Government of Montenegro, including the Ministry of Justice, provided significant assistance in the extradition of Ayvazyan and Terabelian to the United States. The Justice Department’s Office of International Affairs also provided substantial assistance in securing the arrest and extradition of Ayvazyan and Terabelian.
The FBI Los Angeles Field Office, IRS-CI, SBA-OIG, and FHFA-OIG investigated this matter. The U.S. Marshals Service transported Ayvazyan and Terabelian from Montenegro to the United States.
Trial Attorney Christopher Fenton of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Brian Faerstein and Scott Paetty for the Central District of California are prosecuting the case. Assistant U.S. Attorney Dan Boyle for the Central District of California is handling forfeiture. Trial Attorney Goran Krnaich and International Affairs Specialist Taylor Cole of the Justice Department’s Office of International Affairs handled the extraditions.
The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted more than 192 defendants in more than 121 criminal cases related to CARES Act programs and funds. The Fraud Section has also seized more than $78 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across 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 criminal actors and assists agencies tasked with administering relief programs to prevent fraud by 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 https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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FTC Secures Monetary Judgment in Deceptive Energy Savings Claims Case
Kansas-based defendants misled consumers in ads for coatings.
In response to a Federal Trade Commission complaint, the U.S. District Court for the District of Kansas ordered Superior Products International II, Inc. and the company’s CEO Joseph E. Pritchett to permanently halt the deceptive energy-efficiency claims they had been making about coating products sold for houses and other buildings.
The court issued a permanent injunction prohibiting Superior Products and Pritchett from misrepresenting the coatings’ insulating or energy-saving capabilities and imposed a monetary judgment of $14,182.95 against them.
The FTC’s complaint against the Kansas-based Superior Products and its officer, J.E. Pritchett, alleged that they market their Super Therm and Sunshield roof and wall coatings using deceptive energy-savings claims. Specifically, the complaint states the defendants falsely claim that the products provide significant energy savings of “between 40% and 70%” for consumers when applied to a home or other building.
In issuing the opinion and order the court found that Superior Products and Pritchett violated the FTC Act by deceptively selling Super Therm and Sunshield by misrepresenting their energy-savings capabilities. The order permanently prohibits the defendants from misrepresenting the energy savings capabilities of their products, and misrepresenting the existence, conclusions and interpretations of any test or study.
It further prohibits them from failing to comply with the FTC’s R-Value Rule, which covers the labeling and advertising of home insulation.
The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
