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Ohio Deputies Indicted on Civil Rights Charges
Breaking Legal News | 2006/12/08 10:55

WASHINGTON – Two Lucas County, Ohio, sheriff’s deputies were charged today with violating the civil rights of a juvenile who was in their custody, conspiring to obstruct and actually obstructing a federal investigation of the incident. The two defendants, Troy Jackson, 45, and Marc Odoms, 38, both of Toledo, were charged with violations of federal law for depriving the rights of the victims while acting in their official capacity as sheriff’s deputies, tampering with witnesses and conspiring to obstruct justice. Odoms was also charged with making false statements.

The indictment charges that on Jan. 20, 2005, Jackson, while on official duty, physically assaulted a handcuffed juvenile detained at the Lucas County Juvenile Justice Center by striking him multiple times in the eye and the side of the face. The indictment further charges that Odoms watched the assault and failed to intervene and that Jackson and Odoms subsequently both agreed to and eventually did obstruct a federal investigation of the assault by creating false written reports and making false statements to authorities investigating the incident.

If convicted, both men face a maximum sentence of 10 years in prison and fines of $250,000 on each criminal civil rights and obstruction charge. Odoms faces an additional five years in prison on the false statements charge.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials. In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Department of Justice has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years.

An indictment is merely an accusation and the defendants are presumed innocent unless proven guilty.

The case is being prosecuted by Trial Attorneys Kristy L. Parker and Eric Gibson of the Justice Department’s Civil Rights Division and by the U.S. Attorney’s Office for the Northern District of Ohio.



New Orleans Airport To Benefit From Fema Funds
Breaking Legal News | 2006/12/08 10:53

NEW ORLEANS, La. -- The Louis Armstrong New Orleans International Airport was obligated $2.27 million by the Department of Homeland Security’s Federal Emergency Management Agency, it was announced today.

When Hurricane Katrina tore through Louisiana last year, the airport was converted into a shelter that housed stranded passengers, evacuees, trauma victims, airport staff and emergency personnel. Part of the funds obligated today will go towards reimbursement for food, water, electrical services and other emergency services needed during that critical time.

The funds will also cover permanent repairs and renovations to various buildings across the site, including the Airborne Express building, the Hertz Rental Car facility and the Perishable Goods building. Additional work covered includes replacement of Dell Power Pack computers and battery packs for the terminals, damages to uninsured fleet vehicles and for the use of a 1500-gallon fire truck during the emergency.

When projects are obligated by FEMA, the funds are transferred to the state. This allows the state to draw down the monies and distribute them to the local applicants. The state may require additional documentation from the applicant before disbursals are made.

The Public Assistance program works with state and local officials to fund recovery measures and the rebuilding of government buildings, roads and bridges, schools, water and sewer plants, recreational facilities owned by government agencies, some facilities owned by nonprofit agencies, and other publicly owned facilities. FEMA can set aside money to bring each project back to its pre-disaster function and capacity, and the state distributes the money. In order for the process to be successful, federal, state and local partners coordinate to draw up project plans, fund these projects and oversee their completion.

FEMA manages federal response and recovery efforts following any national incident, initiates mitigation activities and manages the National Flood Insurance Program. FEMA works closely with state and local emergency managers, law enforcement personnel, firefighters and other first responders. FEMA became part of the U.S. Department of Homeland Security on March 1, 2003.



FDA Investigating Taco Bell E. Coli Infections
Breaking Legal News | 2006/12/07 11:35

The Food and Drug Administration is assisting in the investigation of an outbreak of E. coli O157 infection in consumers associated with eating food from several Taco Bell restaurants in Northeastern states. FDA is actively working with state and local health officials, the U.S. Centers for Disease Control and Prevention (CDC), the firm, suppliers and distributors to determine the cause of the sicknesses and prevent additional infections.

States reporting probable cases associated with the outbreak are: New Jersey (20); New York (15); Pennsylvania (7); and Delaware (1). Additional cases are suspected in these states and in Connecticut. Thirty five individuals have been hospitalized, three with hemolytic uremic syndrome (HUS). No deaths have been reported to date. CDC reports that the first reported onset of illness connected with this outbreak occurred on November 20, 2006; the latest on December 2, 2006.

This morning, Taco Bell Corp. announced it was voluntarily removing green onions from its restaurants nationwide after preliminary tests by the firm indicated the possible presence of E. coli O157:H7 in samples of the product. To date the confirmatory test has not been reported by Taco Bell. In view of this FDA is continuing to explore the possibility of other food commodities being the source of the E. coli.

FDA is obtaining samples of all non-meat items served in the restaurants that could carry the pathogen. These include cilantro, cheddar cheese, blended cheese, green onions, yellow onions, tomatoes and lettuce. The samples will be tested at FDA laboratories. The states involved are testing as well. At this time the agency does not have data implicating or ruling out any of these items.

FDA also is working with Taco Bell Corp. and its suppliers and distributors to obtain information on sources and distribution of products, to aid in tracing back any products identified as contaminated with the pathogen. The agency continues to cooperate with CDC and state and local health officials to determine the specific cause of the outbreak and prevent further illnesses.

Infection with E. coli O157 causes diarrhea, often bloody. Although most healthy adults can recover completely within a week, some people can develop hemolytic uremic syndrome, a form of kidney failure. HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney damage and even death.

Consumers who are concerned that they may have contracted E. coli O157 infection should notify your local health department, contact their physician or health care provider or seek medical attention, as needed.

FDA will provide regular updates on this investigation as more information becomes available.



US Marines prepare charges in Iraqi civilian killings
Breaking Legal News | 2006/12/06 10:38

The US military is close to charging at least five US Marines in connection with the deaths of 24 Iraqi civilians in Haditha last November, a military spokesperson said late Tuesday. Though specific details have not yet been disclosed, some Marines may be charged with murder and others with the lesser charge of negligent homicide. The 24 deaths prompted two separate military investigations: one conducted by the Naval Criminal Investigation Service (NCIS), aimed at determining whether to prosecute the soldiers involved, and an investigation into decisions made by Marine leadership led by US Army Major General Eldon Bargewell. An anonymous US official familiar with the NCIS investigation, speaking in May, suggested the Marines murdered in cold blood, and the probe concluded in August that evidence exists to support murder allegations. Bargewell's report has not yet been released, but officials briefed on the investigation said that there was evidence that soldiers concealed and destroyed evidence relating to the incident and were reluctant to hand over evidence.

Lt. Col. Jeffrey R. Chessani, the US Marine commander in charge of the Third Battalion, First Marine Regiment implicated in the Haditha incident, told the Washington Post in August that he did not order an immediate investigation into the deaths because he did not suspect any wrongdoing. Lt. Gen. James Mattis, the officer responsible for determining whether to charge the Marines involved, attracted press attention in 2005 when he told a panel discussion that "It's fun to shoot people".



Susan Winckler Appointed as FDA Chief of Staff
Breaking Legal News | 2006/12/05 12:49

Dr. Andrew von Eschenbach, Acting Commissioner of Food and Drugs (FDA), today announced the appointment of Susan C. Winckler, RPh, Esq., as the agency’s  Acting Chief of Staff. Ms. Winckler is replacing Patrick Ronan who announced his resignation last week after several years of service at the FDA.

In this role, Susan will coordinate staff activities in the Office of the Commissioner and serve as the principal liaison to Department of Health and Human Services.

"Susan has taken a leadership role on important policy initiatives, such as the implementation of improvements to our Advisory Committee process," said Dr. von Eschenbach. "She has a distinguished record of public health leadership and will bring her perspective as healthcare provider to the management challenges of this important post."

Susan joined FDA in September 2006 as the Director, Policy Communications, in the Office of Policy and Planning within the Office of the Commissioner. In this capacity she has been a point person for constituent communications and policy development on key issues, including updating policies and operations related to the management and operation of FDA advisory committees.

Prior to joining the agency, Susan most recently served as the Vice President for Policy and Communications and Staff Counsel for the American Pharmacists Association, the national professional society of pharmacists. In that capacity, she was responsible for coordinating the Association's legislative, regulatory and private sector advocacy agenda and public relations programs. Ms.Winckler served as a frequent spokesperson for the Association for media interviews, on Capitol Hill, and with external organizations.

Susan is a graduate of the University of Iowa College of Pharmacy and the Georgetown University Law Center, magna cum laude. Winckler is a licensed pharmacist in Iowa and is admitted to the bar in the Commonwealth of Virginia.

Susan will begin her new role in early January 2007.



IRS Removes RLA loans from Free File Customers
Breaking Legal News | 2006/12/05 12:48

Washington -- President Bush has accepted “with deep regret” the resignation of U.S. Representative to the United Nations John Bolton.

In a statement released by the White House December 4, the president credited Bolton with leading negotiations in the U.N. Security Council that resulted in unanimous resolutions on North Korean military and nuclear activities, a resolution calling on Iran to suspend the enrichment and reprocessing of uranium, and a U.N. peacekeeping commitment to Sudan.

Bolton was appointed to the post in August 2005 during a period when the U.S. Senate, which normally would vote on the nomination, was in recess.  Under the U.S. Constitution, a president may make temporary recess appointments without Senate confirmation.

The president re-nominated Bolton on November 9, but administration officials believed that his nomination did not have enough support in the Senate Foreign Relations Committee to come to the full Senate for a confirmation vote.

Bush said some senators were practicing “stubborn obstructionism” by “obstruct[ing] his confirmation” despite Bolton having the support of the majority of the Senate.  “[T]heir tactics will disrupt our diplomatic work at a sensitive and important time,” Bush said.

White House press secretary Tony Snow blamed Bolton’s difficulties in the Senate on “partisanship and not performance,” adding, “for whatever reason the confirmation process seems to be broken.”

The press secretary called on both Republicans and Democrats in the Senate to cooperate on “a confirmation process that allows competent people who share the president’s goals and policies to become confirmed for key positions.”



USDA announces $20 Million in Conservation Grants
Breaking Legal News | 2006/12/05 12:35

WASHINGTON, -Agriculture Secretary Mike Johanns today announced the request for proposals for Conservation Innovation Grants (CIG). The CIG program is designed to stimulate the development and adoption of innovative conservation approaches and technologies.

"CIG rewards the creation of new and innovative approaches to managing the nation's natural resources more effectively and efficiently," said Johanns. "It allows applicants to come up with practical solutions to address conservation and resource management on a local, regional or national scale."

USDA's Natural Resources Conservation Service administers CIG. For FY 2007, up to $20 million is available for the National CIG competition. Funds for single- or multi-year projects, not to exceed three years, will be awarded through a nationwide competitive grants process with applications accepted from all 50 States, the Caribbean Area (Puerto Rico and the Virgin Islands) and the Pacific Basin Area (Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) from all eligible government or non-government organizations or individuals, including federally recognized tribes.

There are three CIG categories available in FY 2007:

  • Natural Resource Concerns Category—up to $10 million available for proposals addressing one or more of the CIG natural resource concerns. This component was also offered in 2004, 2005 and 2006.
  • Chesapeake Bay Watershed Category—up to $5 million available for proposals addressing one or more of the CIG natural resource concerns in the Chesapeake Bay watershed. This component was also offered in 2005 and 2006.
  • Technology Category—up to $5 million available for proposals addressing one or more of the CIG technology categories. This component was offered for the first time in 2006.

Applicants should explain how large a geographic area the project would benefit. These projects may be watershed-based, regional, multi-State, or nationwide in scope. Applications should describe the use of innovative technologies or approaches, or both, to address a natural resource conservation concern or concerns.

Funding for CIG is made available through the Environmental Quality Incentives Program (EQIP). All proposed CIG projects must involve EQIP-eligible producers. CIG funds that are used to provide direct or indirect payments to individuals or entities to implement structural, vegetative or management practices are subject to the $450,000 EQIP payment limitation. CIG is not a research program but rather a tool to stimulate the adoption of conservation approaches or technologies that have been studied sufficiently to indicate a high likelihood of success, and are likely candidates for eventual technology transfer.

CIG will fund projects targeting innovative on-the-ground conservation, including pilot projects and field demonstrations. Technologies and approaches that are commonly used in the geographic area covered by the application, and which are eligible for funding through EQIP, are not eligible for funding through CIG. Proposed projects must conform to the description of innovative conservation projects or activities published in the Announcement of Program Funding (APF).

CIG funds pilot projects and conservation field trials that can last from one to three years. Grants for approved projects cannot exceed 50 percent of the total project cost. The federal contribution for a single project cannot exceed $1 million. At least 50 percent of the total cost of the project must come from non-Federal matching funds (cash and in-kind contributions) provided by the grantee. While NRCS will provide technical oversight for each project receiving an award, the grantee is responsible for providing the technical assistance required to successfully complete the project.

To view the Announcement of Program Funding or to apply visit: http://www.nrcs.usda.gov/programs/cig or http://www.grants.gov/ . For more information about NRCS conservation programs visit http://www.nrcs.usda.gov or visit the nearest USDA Service Center.



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