Wednesday, February 13, 2013

Stephen M. Strauss

Stephen M. Strauss

JUSTICE SETTLES WITH EATING DISORDER CLINIC REGARDING HIV DISCRIMINATION

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, February 6, 2013
Justice Department Settles with Missouri Eating Disorder Clinic Over HIV Discrimination

The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, it has reached a settlement with Castlewood Treatment Center LLC, of St. Louis, Mo., under the Americans with Disabilities Act (ADA). The settlement resolves allegations that Castlewood Treatment Center violated the ADA by refusing to treat a woman for a serious eating disorder because she has HIV. This is the second settlement addressing HIV discrimination by a medical provider reached by the Justice Department in two weeks.

The Justice Department found that Castlewood refused to treat Susan Gibson because of her HIV, despite Castlewood’s determination that she was qualified to receive counseling treatment for her eating disorder, and despite advice from its own medical staff that they were able to treat someone with HIV at Castlewood. The department also determined that for months Castlewood staff told Gibson that she was on a waiting list for the program, even though they had no intention to admit her into the program. In the meantime, Gibson’s condition worsened and her health declined. Castlewood’s actions delayed Gibson from receiving appropriate medical treatment for up to seven months. Gibson’s complaint was brought to the Justice Department’s attention by the American Civil Liberties Union, LGBT & AIDS Project.

"Excluding a person from necessary medical treatment solely because of HIV is unconscionable," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Civil Rights Division takes HIV discrimination in any form seriously, and will not allow for the marginalization of those living with HIV."

Under the settlement, the Castlewood Treatment Center must pay $115,000 to Gibson and $25,000 in civil penalties. In addition, Castlewood must train its staff on the ADA and develop and implement an anti-discrimination policy. The department will monitor Castlewood’s compliance for four years.

Last week the department announced a similar agreement with the Fayetteville Pain Center to address HIV discrimination. Both settlements are part of the Department of Justice’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities. The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of 40 U.S. Attorney’s offices. The division expects the initiative to address access to health care for people with HIV and those with hearing disabilities, as well as physical access to medical facilities. In 2012, the division and U.S. Attorneys offices reached two settlement agreements regarding access to medical care for people with HIV and four settlements regarding access to medical care for people with hearing disabilities.

Tuesday, February 12, 2013

LIST OF COMPANIES WITH NONPROLIFERATION SANCTIONS

FROM: U.S. STATE DEPARTMENT
Imposition of Nonproliferation Sanctions Against Foreign Entities and Individuals
Media Note
Office of the Spokesperson
Washington, DC
February 11, 2013

In February 11, 2013, the Department of State announced the imposition of nonproliferation sanctions on several foreign entities and individuals under multiple U.S. authorities.

Pursuant to the Iran, North Korea, and Syria Nonproliferation Act (INKSNA), a determination was made to impose sanctions on: two Belarusian entities [TM Services Limited (TMS) and Scientific and Industrial Republic Unitary Enterprise (aka DB Radar)]; four Chinese entities [BST Technology and Trade Company, China Precision Machinery Import and Export Corporation (CPMIEC), Dalian Sunny Industries, and Poly Technologies Incorporated] and one Chinese individual [Li Fangwei (aka Karl Lee)]; two Iranian entities [Iran Electronics Industries (IEI) and Marine Industries Organization (MIO)] and one Iranian individual [Milad Jafari]; two Sudanese entities [Al-Zargaa Engineering Complex (ZEC) and SMT Engineering]; one Syrian entity [Army Supply Bureau (ASB)]; and one Venezuelan entity [Venezuelan Military Industry Company (CAVIM)]. INKSNA sanctions were imposed on these entities and individuals because there was credible information indicating they had transferred to, or acquired from, Iran, North Korea, or Syria, equipment and technology listed on multilateral export control lists (Australia Group, Chemical Weapons Convention, Missile Technology Control Regime, Nuclear Suppliers Group, Wassenaar Arrangement), or items that are not listed, but nevertheless, could materially contribute to a weapons of mass destruction (WMD) or cruise or ballistic missile program.

A separate determination was made to impose missile proliferation sanctions under the Arms Export Control Act (AECA) and Export Administration Act (EAA) on the Chinese individual Li Fangwei (aka Karl Lee) and his company, Dalian Sunny Industries, for transferring equipment and technology controlled under the Missile Technology Control Regime (MTCR) Annex to MTCR-class (Category I) missiles in a non-MTCR country.

The United States also imposed sanctions pursuant to Executive Order (E.O.) 12938, as amended, on Li Fangwei (aka Karl Lee), Dalian Sunny Industry, and the Iranian entities Shahid Bakeri Industrial Group (SBIG), Shahid Sattari Ground Equipment Industries, and the Ministry of Defense and Armed Forces Logistics (MODAFL), because these entities contributed materially (or posed a risk of contributing materially) to the proliferation of WMD or their means of delivery (including missiles capable of delivering such weapons).

These sanctions (INKSNA, AECA/EAA, E.O.), and the specific penalties levied on the sanctioned entities, were announced in the Federal Register (Vol. 78 No. 28) on February 11, 2013. The sanctions were imposed for a period of two years and will expire in February 2015.




Monday, February 11, 2013

Every $1 Spent Recovered $7.90

Every $1 Spent Recovered $7.90

China Voice Holding Corp., et al.: Registration Revoked

China Voice Holding Corp., et al.

INFRASTRUCTURE CONSTRUCTION COMPANY SETTLES FALSE CLAIMS ALLEGATIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Friday, February 8, 2013
California-Based Granite Construction Company to Pay U.S. $367,500 to Resolve False Claims Allegations

Granite Construction Company, a California-based construction company specializing in roads, tunnels, bridges, airports and other infrastructure-related projects, reached a settlement with the United States following an investigation of alleged false claims in connection with federal construction projects across the country, the Justice Department announced today. Granite has agreed to pay the United States $367,500.

The settlement resolves claims that Granite overcharged the government on certain federal construction projects funded by the Department of Transportation (DOT) and the Army Corps of Engineers between 2006 and 2008. Specifically, in certain instances, Granite sought price increases in the form of change orders and requests for equitable adjustment which were inflated because the general liability and workman’s compensation insurance rates used to support the adjustments included added amounts or "cushions" that were not actually incurred by the company and therefore should not have been charged to the federal government. Granite disclosed the potential overcharges to the Justice Department.

"Federal contractors will be held accountable for their billing practices," said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Department of Justice’s Civil Division. "This settlement is an example of the department’s commitment to ensuring that contractors deal squarely and honestly with the government at all times."

"To prevent and detect potential violations of law, we encourage federal contractors to apply consistent oversight to their operations throughout all phases of contracting," said DOT Office of Inspector General Special Agent in Charge Hank Smedley. "This settlement is an example of how we work with our law enforcement colleagues to protect taxpayer dollars."

The investigation and settlement was the result of a coordinated effort by the Civil Division of the Department of Justice and the Department of Transportation Office of Inspector General. The claims settled by this agreement are allegations only, and there has been no determination of liability.

Sunday, February 10, 2013

H. KRAMER AND CO., RESOLVES VIOLATIONS OF CLEAN AIR ACT

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
U.S. EPA and State of Illinois announce settlement with H. Kramer; company will spend $3 million to reduce air pollution

Chicago (Jan. 31, 2013) - The U.S. Environmental Protection Agency and the State of Illinois have signed a consent decree with H. Kramer and Co., to resolve violations of the Clean Air Act and state air pollution violations at the firm’s copper smelting foundry in the Pilsen neighborhood on the southwest side of Chicago. Under the terms of the settlement, H. Kramer will spend $3 million on new state-of-the-art pollution controls for the foundry, pay a $35,000 penalty and provide $40,000 to retrofit diesel school buses operating in the neighborhood and surrounding areas with controls to reduce air emissions.

The settlement resolves the federal government’s allegations that H. Kramer failed to maintain and operate furnaces at the foundry in a manner which controls lead emissions and that the company violated the Illinois State Implementation Plan by causing or allowing releases of lead into the air. The settlement also resolves Illinois’ claims that H. Kramer’s activities at the foundry resulted in lead emissions that caused or contributed to air pollution and created danger to the public and the environment. The consent decree requires H. Kramer to install new filters and other controls on two furnaces to reduce emissions and to continue to limit production of two lead alloys until the new equipment is installed.

"This settlement will protect Pilsen residents from lead emissions from the H. Kramer foundry and prevent future violations of the Clean Air Act," said EPA Regional Administrator Susan Hedman. "Exposure to lead can impair the ability of children to learn."

"This settlement will help to dramatically reduce harmful pollution levels in the Pilsen neighborhood and to improve overall air quality in the surrounding community," Attorney General Lisa Madigan said.

On Nov. 22, 2011, EPA announced that air quality in part of Chicago’s Pilsen neighborhood exceeds the national air quality standard for lead. EPA’s determination was based on data collected from a state air quality monitor located on the roof of the Manuel Perez Jr. Elementary School. The H. Kramer facility is located in the area that violates the lead air quality standard -- which is bounded by Damen Avenue to the west, Roosevelt Road to the north, the Dan Ryan Expressway to the east and the Stevenson Expressway to the south.

The proposed settlement, lodged today in the U.S. District Court for the Northern District of Illinois, is subject to a 30-day comment period and final court approval.