WASHINGTON – A federal grand jury in the District of the Virgin Islands returned an indictment charging a St. Thomas man with five counts of child pornography, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Anthony J. Jenkins for the District of the Virgin Islands announced today.

Bradley Douglas Highbarger is charged with two counts of receiving child pornography, two counts of possessing child pornography, and one count of attempting to distribute child pornography. If convicted on all of the charges, the defendant faces a mandatory minimum sentence of five years and a maximum sentence of 20 years with a $250,000 fine and the possibility of lifetime supervised release.

On July 20, 2006, investigators initially executed two search warrants on Highbarger’s residence and computer to investigate suspected crimes involving passport fraud and controlled substances. During the review of the computer evidence, investigators also uncovered still pictures and video depicting child pornography. In or about July 2006, the defendant used peer-to-peer file sharing software to download and then possess child pornography. The defendant also configured the software to allow further distribution of the child pornography to any and all users of the peer-to-peer software program around the world.

The defendant was arrested and detained on the drug and passport fraud offenses on July 20, 2006, and has since been detained in federal custody.

The case is being prosecuted by Trial Attorney Kayla Bakshi of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney St. Clair Theodore of the U.S. Attorney’s office for the District of the Virgin Islands. This case is being investigated by multiple law enforcement agencies including the Immigration and Customs Enforcement Agency, Diplomatic Security Service of the U.S. Department of State, and the Postal Inspection Service.

The charges contained in this indictment are allegations only and the defendant is presumed innocent until convicted at trial.

This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

WASHINGTON – Steven Merkes, a former Department of Defense (DOD) employee, pleaded guilty to accepting illegal gratuities while serving as an operational support planner in the Future Operations Division of the U.S. Army Headquarters, Special Operations Command–Europe (HQSOCEUR), Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

According to plea documents filed in federal court, Merkes served in the U.S. Air Force until January 2005, when he left active duty and began work as a DOD civilian employee. In both the Air Force and in his civilian DOD employment, Merkes served as a logistical planner for the HQSOCEUR in Stuttgart, Germany. In both positions, Merkes’ official duties consisted of planning military exercises for U.S. Special Operations forces in the European theater of operations.

In April 2005, Merkes took official acts to benefit Philip Bloom, a U.S. citizen who operated and controlled construction and service companies in Romania and Iraq that did business with the U.S. government. Shortly thereafter, Merkes accepted a job offer and $24,000 from Bloom, knowing that the job and the money were for official acts he had agreed to perform for Bloom.

Merkes pleaded guilty to accepting illegal gratuities which carries a maximum penalty of two years in prison and a fine of $250,000. Sentencing has been set for June 1, 2007.

On March 10, 2006, Bloom, pleaded guilty to unrelated charges of conspiracy, bribery and money laundering. Bloom was sentenced earlier today to 46 months in prison.

This case is being prosecuted by trial attorneys James A. Crowell IV and John P. Pearson of the Public Integrity Section, headed by Acting Section Chief Edward C. Nucci, and trial attorney Patrick Murphy of the Asset Forfeiture and Money Laundering Section, headed by Section Chief Richard Weber, of the Criminal Division.

These cases are being investigated by the Special Inspector General for Iraq Reconstruction, the Internal Revenue Service (IRS) Criminal Investigation, the U.S. Immigration and Customs Enforcement at the Department of Homeland Security (ICE), U.S. Army Criminal Investigation Division, the U.S. Department of State Office of Inspector General, and the FBI Washington Field Office in support of the Justice Department’s National Procurement Fraud Task Force and the International Contract Corruption Initiative. The investigation has received substantial assistance from the ICE Cybercrimes Division.

The National Procurement Fraud Initiative was announced by Deputy Attorney General Paul J. McNulty in October 2006, and is designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in contracting activity for national security and other government programs. As part of this initiative, the Deputy Attorney General has created the National Procurement Fraud Task Force, which is chaired by Assistant Attorney General Fisher.

Hanson Bridgett Marcus Vlahos & Rudy LLP said the former lawyer for the San Francisco 49ers has joined the firm.

Ed Goines spent five years with the football team as vice president and general counsel, He directed the legal and business contractual matters of 49ers' sponsorship and broadcast media contracts, player and coaching contracts and front office employment agreements. Goines also acted as a liaison to governmental officials.

Goines left the team in May 2006 and started a solo practice focusing on sports and entertainment law.

Goines decided to bring his practice to San Francisco-based Hanson Bridgett in order to offer his clients more services. Goines' sports and entertainment practice, Sui Generis P.C., will operate from Hanson Bridgett's San Francisco office. Goines and Hanson Bridgett share some clients, including Russell Baze, thoroughbred racing's winningest jockey.

Under the deal, O2 will link the “Airwave” network used by the police and other emergency services to London Underground's own “Connect” digital radio system, to allow police officers to have radio coverage when working in any of the Tube's tunnels and stations.

This complex transaction involved seven parties and required two separate and independent PFI contracts to be linked up in an innovative way. O2 Airwave provides the UK's secure digital communications network for emergency and public safety organisations, known as “Airwave”, which is used by all officers across police forces in Great Britain including the British Transport Police. To date, this network has only provided coverage in London Underground surface stations and cut-and-cover tunnels, but not in deep stations and tunnels across the Tube network. Independently, Citylink, a consortium of a number of telecoms providers is rolling out “Connect”, a new digital radio system for London Underground for use by London Underground personnel. Under the series of contracts now signed, the two systems will be linked together to provide coverage for police and other emergency services’ radios right across the London Underground network. Once in place, Airwave users, including police officers or ambulance crews, will have seamless radio coverage as they enter all Underground stations from above ground or when they travel on trains.

The Morrison & Foerster team was led by partner Alistair Maughan, technology procurement specialist and head of Morrison & Foerster’s Global Sourcing Group, and Reinhard Schu, a senior associate in Morrison & Foerster’s Global Sourcing Group. Mr. Maughan has been PITO’s legal adviser on the Airwave project since 1996.

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North and South Korea have wasted no time in building on the nuclear deal agreed to by six nations here in the Chinese capital. Following consultations in the North Korean border city of Kaesong, South Korean Assistant Unification Minister Lee Kwan-se said Thursday that suspended inter-Korean talks would resume.

He says there is willingness to improve the inter-Korean relationship, so the two Koreas will hold minister-level meetings in Pyongyang from February 27 to March 2.

South Korean Unification Minister Lee Jae-joung, who will represent Seoul at the talks, has made no secret of South Korea's interest in resuming emergency food and fertilizer assistance to the severely impoverished North.

Seoul halted regular shipments last July, after North Korea test-fired a series of missiles despite warnings from South Korea and the international community. The North responded by suspending inter-Korean talks and scheduled reunions between family members separated by the Korean divide.

South Korea kept its food embargo in place after North Korea tested its first nuclear weapon in October. Seoul also backed United Nations punitive sanctions against Pyongyang.

South Korea, the United States, China, Russia, Japan, and North Korea agreed Tuesday on a list of preliminary steps aimed at ending the North's nuclear weapons programs. Now the two Koreas are expected to devote special attention to resuming food aid and restarting a host of inter-Korean projects such as family reunions and cross-border railways.

The deal agreed to here in Beijing exchanges a shutdown of North Korea's main nuclear facility at Yongbyon for delivery of 50,000 tons of heavy fuel oil within 60 days. Far more ambitious targets toward scrapping the North's weapons are to be set out in future phases of the agreement.

Ryoo Kihl-jae, Dean of Seoul's Kyungnam Graduate School of North Korean studies, says South Korea views it as a matter of strategic importance to ensure that severe economic deprivation does not destabilize North Korea. However, he says South Korean patience for subsidizing the North does have its limits.

He says if there is trouble in implementing the current North Korean nuclear deal, South Korean political support for engagement with the North may suffer.

South Korea's main opposition party, whose candidates enjoy a wide lead in early polling for this December's presidential election, says the upcoming North-South ministerial should focus primarily on ensuring North Korea adheres to the terms of the Beijing nuclear deal.

Opposition politicians are concerned that South Korean President Roh Moo-hyun may gain political support by hosting an early summit with the North.

WASHINGTON —The IRS announced today that it had entered into an agreement that resolves several disputed tax issues with Merck & Co., Inc. and its subsidiaries. The agreement will result in a payment to the government of approximately $2.3 billion in federal tax, net interest and penalties, and resolves all issues that had been in dispute between the parties for the tax years 1993-2001. The resolution is one of the largest achieved in recent years by the Service and a taxpayer through the examination process.

Both the IRS and Merck acknowledge that reaching an agreement of this magnitude was the result of cooperation by both parties. To facilitate this agreement, the IRS and the taxpayer used various issue management strategies, including the Fast Track Settlement Program.

Among the significant issues resolved were three issues that resulted from Merck’s use of minority equity interest financing transactions. The execution of these agreements should facilitate the ability of the IRS and the taxpayer to move forward and effectively address tax issues arising in subsequent examination years.