Friday, October 14, 2011

Justice Department Silent on Pornography Found on Assistant U.S. Attorney's Computer

WASHINGTON - Senator Chuck Grassley today said that 100 days after he sent a letter to the Justice Department questioning why the department declined to prosecute an assistant United States attorney after the Inspector General found that the attorney had spent hours online  viewing adult content during work hours, he still has not received an official response.

According to the Inspector General, the Assistant U.S. Attorney acknowledged he had spent a significant amount of time each day viewing pornography, including one case of child pornography.  The report indicates that the U.S. Attorney's office declined to prosecute the case.

Grassley said his staff has contacted the department several times since the letter was sent, but has yet to receive an official response from the Justice Department.

In a July 7, 2011 letter to Attorney General Eric Holder, Grassley questioned the department's decision to not prosecute and delay disciplinary action against the attorney.  He also asked the types of cases the attorney worked on and the steps the department has taken to update its technology to keep pornography off its computers.  Grassley said he's looking to be sure these types of activities are stopped in the future.

Last year, Grassley learned that 33 employees at the Securities and Exchange Commission who were found to have viewed pornography during work hours were not terminated and were given uneven and light disciplinary action.

Here is a copy of the text of Grassley's July 7, 2011 letter to Holder.  Click here for a copy of the signed letter.

 July 7, 2011

The Honorable Eric H. Holder, Jr.

Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

Dear Attorney General Holder:

On May 31, 2011 I received a report from the Department of Justice (DOJ) Office of Inspector General (OIG) in response to a request Senator Coburn and I made to all Inspectors General to provide semiannual reports on closed investigations, evaluations, and audits that were not disclosed to the public.

This report contained what appears to be an inexcusable mishandling of serious allegations against an Assistant United States Attorney (AUSA) which calls into question the DOJ's internal controls and prosecutorial discretion.  The report cites the following OIG investigation of an AUSA:

"The OIG conducted an investigation concerning allegations that an AUSA was using his government computer to view inappropriate material on his government computer.  The investigation determined that the AUSA routinely viewed adult content during official duty hours, and that there was at least one image of child pornography recovered on the AUSA's government computer.  The AUSA acknowledged that he had spent a significant amount of time each day viewing pornography.  The U.S. Attorney's Office declined prosecution.  Disciplinary action against the AUSA is pending."

This report relates to OIG investigations from October 1, 2010 through March 31, 2011 and was submitted two months later.  As the case for disciplinary action is "pending" as of May 31, 2011, this means that, at the very least, the DOJ has allowed an admitted serial viewer of pornography - possibly child pornography - to serve as an AUSA for two months, if not longer, and has yet to take action.  This is simply unacceptable and compounds the questions raised by the fact that this AUSA was found to have "at least one image of child pornography" on his government computer and yet he was not charged with a crime.

Regarding the DOJ's decisions in this case, I respectfully ask the following questions:

1.      Is this individual still employed by the Department of Justice?

a.       If so, in what capacity?

b.      If not, when did this individual leave employment with the Department of Justice?

i.      Was this departure voluntary or were they terminated?

2.      Is this individual eligible for a government pension?

a.       If so, has the DOJ made any efforts to strip this individual of his or her pension?

i.      If so, what efforts have been made?

ii.      If not, why not?

3.      What types of cases did this AUSA handle?

4.      Did the cases this AUSA was assigned to handle ever lead to any interaction with children?

5.      Was the decision not to prosecute this individual made by the U.S. Attorney's Office in which he or she served?

a.       If so, did that raise any concerns regarding a conflict of interest?

b.      If not, what office made the decision not to prosecute this individual?

6.      How was this individual able to evade the DOJ's pornography filters?

7.      Has the DOJ made efforts to upgrade its pornography filters as a result of this individual's actions?

a.       If so, what efforts have been made?

b.      If not, why not?

Thank you for cooperation and attention in this matter.  I would appreciate a response by July 21, 2011.  If you have any questions regarding this letter, please contact my office at (202) 224-5225.

Sincerely,

Charles E. Grassley
Ranking Member
Committee on the Judiciary

All Arbitrators Vetted in Overhaul of System Following This Year's Reforms

CHICAGO - October 14, 2011. Governor Pat Quinn today announced the appointments of 29 arbitrators in Illinois' workers' compensation system. Arbitrators rule on claims filed under the state's Workers Compensation Act. The appointments are part of a package of reforms to the workers' compensation system that Governor Quinn pushed through the General Assembly and signed earlier this year.

The overhaul called for the Governor to make appointments or reappointments to fill all arbitrator positions, considering recommendations from the Workers' Compensation Advisory Board. Members of the board - six representing employers and six representing workers - were appointed by the Governor earlier this year. Each appointed arbitrator also underwent a rigorous vetting process by the Advisory Board and the Office of the Governor.

"These arbitrator appointments are a key step in ensuring that our workers' compensation system is professional, transparent, and fair for both workers and employers," Governor Quinn said. "These reforms are crucial to improving Illinois' business climate, and this new group of arbitrators will be the most credentialed and experienced group of professionals Illinois has ever had in place to judge workers' compensation cases."

In 2010, Illinois had the third highest workers' compensation premium costs in the nation. This year's reforms are projected to result in a nearly 9 percent decrease in compensation costs for employers, based on a filing with the Illinois Department of Insurance by the National Council on Compensation Insurance. Illinois employers are expected to save up to $500 million annually in premiums as a result of the overhaul package.

While only 4 percent of the roughly 50,000 claims filed with the commission each year involve state employees, recent reports of a high level of claims, awards and settlements involving state employees in certain jurisdictions have resulted in an ongoing investigation by the Illinois Department of Insurance. To avoid the possibility that long-standing relationships among parties could compromise the integrity of the process, the reform package included the random assignment of cases amongst arbitrators. In addition, arbitrators will now rotate among the Illinois' statewide hearing sites every 90 days.

Under the new law, all newly-appointed arbitrators must be attorneys. Five sitting arbitrators who are not attorneys were reappointed based on their years of experience and exemplary performance, as allowed under the reform law. In total, 24 of the 29 total arbitrator appointees are attorneys.

Nine sitting arbitrators were not reappointed by the Governor: John Dibble, Gilberto Galicia, James Giordano, Kathleen Hagan, Robert Lammie, Andrew Nalefski, Richard Peterson and Joseph Prieto. One arbitrator, Charles DeVriendt, will be appointed to the Commission. Former arbitrator Jennifer Teague resigned as of July 30, 2011.

Governor Quinn has appointed:

 

Peter Akemann of Kane County has more than 10 years of experience in State government and has been with the Illinois Workers' Compensation Commission since 1994.  Previously Mr. Akemann worked as a regional claims manager for the Illinois Department of Transportation, is the President of the Children's Theatre of Elgin / Fox Valley Theatre Co., and has been an active member of community organizations such as the YMCA and the Youth Leadership Academy.  He holds a master's of education from Northern Illinois University, an M.A. from Northwestern University, and a B.S. from Brigham Young University.  Mr. Akemann has been appointed to a 1-year term as an arbitrator.

George Andros of Cook County has more than 30 years of experience practicing law and has been with the Illinois Workers' Compensation Commission since 2005.  Mr. Andros holds a J.D. from DePaul University and a B.S. in Management from Northern Illinois University.  Previously he was an instructor in real estate law at South Suburban and Moraine Valley Colleges, a senior member of the City of Palos Hills Planning and Zoning Commission, a speaker at the University of Chicago Center for Continuing Education on Medical-legal issues and a speaker for the Illinois Institute of Continuing Legal Education.  Mr. Andros has been appointed to a 1-year term as an arbitrator.

Milton Black of Lake County has more than 30 years of experience in civil litigation with an emphasis on workers' compensation, negligence and wrongful death.  Mr. Black has been with the Illinois Workers' Compensation Commission since 2004, while serving on the Board of Directors of the Workplace Injury Litigation Group, the American Bar Association Employer Liability Section and Trial and Insurance Practice Section.  He holds a J.D. from DePaul University. Mr. Black has been a lecturer at numerous workplace injury and workers' compensation seminars and was appointed to the Select Committee of Judges and Lawyers by the Illinois Supreme Court.  Mr. Black has been appointed to a 3-year term as an arbitrator.

Kurt Carlson of Cook County has more than 15 years of experience as a workers' compensation attorney, and has been an arbitrator with the Illinois Workers' Compensation Commission since 2004.  Previously he represented both employers and injured workers at the Macey, Chern and Diab, Teplitz & Bell, and Power & Cronin law firms.  Mr. Carlson also served in the U.S. Army Medical Corp before obtaining his B.A. from the University of Wisconsin and a J.D. from the John Marshall Law School in Chicago.  Mr. Carlson has been appointed to a 2-year term as an arbitrator.

Brian Cronin of Cook County has more than 20 years of experience in the finance and business, and has been an arbitrator at the Illinois Workers' Compensation Commission since 1996.  Previously Mr. Cronin was an independent and head trader, broker, trading floor manager and an options specialist for several firms, including the Chicago Board of Trade, Barclays Bank, and O'Connell & Piper Associates.  He holds an MBA in Finance and Business Policy from the University of Chicago, and an MBA in Management and Finance from the University of Notre Dame.  Mr. Cronin has been appointed to a 2-year term as an arbitrator.

 

Carolyn Doherty of DuPage County has more than 20 years of experience in workers' compensation, insurance law, and has served as an attorney with the Illinois Workers' Compensation Commission since 1998.  Ms. Doherty also serves as an Arbitrator in Cook and DuPage County Mandatory Arbitration systems on a rotational basis.  She holds a J.D. from the John Marshall Law School and a B.A. from Marquette University, and previously worked as an associate at the Sedgwick, Detert, Moran and Arnold, Hanson & Peters, and Schoen & Smith law firms.   Ms. Doherty has been appointed to a 2-year term as an arbitrator.

Greg Dollison of Cook County has more than 20 years of experience with the Workers' Compensation Commission as a review coordinator, and has moderated negotiations between employers and union representatives.  He has served as an arbitrator for the IWCC since 2004.  Mr. Dollison has B.S. in City and Regional Planning from the Illinois Institute of Technology and attended Roosevelt University.  Mr. Dollison has been appointed to a 2-year term as an arbitrator.

Anthony Erbacci of Cook County has more than 25 years of extensive experience in State government and insurance and labor law.  He has served as a staff attorney at the Illinois Workers' Compensation Commission since 1996 and has been an arbitrator since 1997.  Previously Mr. Erbacci served as the Deputy General Counsel of Office of the Special Deputy Receiver, Inc., as Deputy Director of Statewide Enforcement and Chief of Medical Prosecutions at the Illinois Department of Professional Regulation, and as Counsel for the Illinois Department of Labor.  He received a J.D. from the John Marshall Law School and a B.A. from DePaul University.  Mr. Erbacci has been appointed to a 3-year term as an arbitrator.

Robert Falcioni of Will County has served as a staff attorney and as Acting Commissioner at the Illinois Industrial Commission (Illinois Workers' Compensation Commission), and has been an arbitrator since 1997.   He has more than 20 years of law experience is an adjunct faculty member and instructor of the paralegal program at South Suburban College.  Previously Mr. Falcioni was managing partner at Falcioni and Britt, after serving as an attorney at the Charles R. Stone, Hyatt Legal Services and Zalutsky, Pinski and DiGiacamo law firms.  He holds a J.D. from Chicago-Kent School of Law at the Illinois Institute of Technology and a B.S. from Illinois State University.  Mr. Falcioni has been appointed to a 3-year term as an arbitrator.

Barbara Flores of Cook County brings more than five years of law experience as Corporate Counsel of Alden Management Services, previously in the Labor and Employment law department at the U.S. Postal Service, and as an Assistant Attorney General in the Labor and Employment Unit at the Office of the Attorney General.  Ms. Flores also previously worked at the firm Rock, Fusco and Garvey and at the AIDS Legal Council of Chicago.  She holds a J.D. from Chicago-Kent School of Law at the Illinois Institute of Technology, and a B.S. from the University of Illinois.  Ms. Flores has been appointed to a 2-year term as an arbitrator.

Joann Fratianni-Atsaves of Lake County has more than 30 years of workers' compensation law experience, having served as a Commissioner (Public Member) for three years and as an arbitrator with the Illinois Workers' Compensation Commission since 1993. She previously has worked at the Anthony V. Fanone and Osterkamp, Jackson and Hollywood law firms, is a Fellow of the Illinois Bar Foundation, current assembly member of the Illinois State Bar Association, and a member of the Lake County Bar Association Board of Directors.  She received J.D. from Northern Illinois University and a B.A. from the University of Illinois.  Ms. Fratianni-Atsaves has been appointed to a 3-year term as an arbitrator.

Gerald Granada of Cook County has 17 years of experience of workers' compensation law, and is currently an Associate Attorney at Ancel, Glink, Diamond, Bush, DiCianni & Rolek. Previously, he worked as a civil trial and workers' compensation defense attorney at Meachum, Spahr, Cozzi, Postel, Zenz & Matyas, and as an associate attorney at Cullen, Haskins, Nicholson & Menchetti. Mr. Granada has been appointed to a 1-year term as an arbitrator.

 

Douglas Holland of LaSalle County has more than 20 years of experience with the Illinois Workers' Compensation Commission.  Mr. Holland has served as an arbitrator with the Commission since 1989, and prior to that served for three years as a Commissioner.   He is a farmer and entrepreneur, and holds a B.A. from Sangamon State University, and attended Illinois Valley Community College.  Mr. Holland has been appointed to a 1-year term as an arbitrator.

 

Gerald Jutila of Cook County brings more than 30 years of experience representing injured or deceased workers and their families.  He has served as Acting Chairman of the Illinois Workers' Compensation Commission, and has been an arbitrator since 2004.  Previously he was an attorney at May, Decker and Associates, managing partner at Collins, Jutila and Shovlain, and counsel at Gibson and Kopsick.  Mr. Jutila is a Life Fellow of the Illinois State Bar Association since 1996 and has been a member of numerous professional law associations.  He was honorably discharged from the U.S. Air Force Security Service, where he served as Staff Sergeant and Intelligence Analyst.  Mr. Jutila has been appointed to a 1-year term as an arbitrator.

David Kane of Cook County has 30 years of overall workers' compensation law experience as a staff attorney and a former Acting Commissioner of the Illinois Industrial Commission (Illinois Workers' Compensation Commission).  He has been an arbitrator since 1990.   He holds a J.D. from DePaul University and a B.A. from Northwestern University.  Mr. Kane has been appointed to a 3-year term as an arbitrator.

Svetlana Kelmanson of Cook County brings eight years of law experience, having served as a staff attorney at the Illinois Workers' Compensation Commission, and as a law clerk at the Appellate Court of Illinois First District.  Ms. Kelmanson also worked at the Law Offices of Chicago-Kent College of Law's Low-Income Taxpayer Clinic and the Employment Discrimination / Civil Rights Clinic, and at the law firm Sachnoff  & Weaver.  She holds J.D. with high honors from Chicago-Kent College at the Illinois Institute of Technology and a B.S. from the University of Illinois. Ms. Kelmanson has been appointed to a 3-year term as an arbitrator.

Jacqueline Kinnaman of Cook County has served as a Commissioner of the Illinois Industrial Commission (Illinois Workers' Compensation Commission) for more than 10 years, and has been an arbitrator since 2004. Ms. Kinnaman previously represented public employees as an attorney for the American Federation of State, County and Municipal Employees (AFSCME) Council 31, and as General Counsel of the West Virginia Education Association. She attended the University of Wisconsin Law School, during which she also worked in the legal counsel office of Governor Schreiber. Ms. Kinnaman has been appointed to a 1-year term as an arbitrator.

Edward Lee of DuPage County has more than 30 years of overall workers' compensation law experience.  He served as a U.S. Army Armor Officer, representing soldiers or the Army in court martial cases.  Mr. Lee worked in private practice specializing in workers' compensation law, representing both respondents and petitioners.  He has been an arbitrator at the Illinois Workers' Compensation Commission since 1997, and in 2004 served on the Review Board dealing with disciplinary issues concerning Arbitrators and Commissioners.  He holds a law degree from John Marshall Law School and attended Tulane University for his undergraduate studies.  Mr. Lee has been appointed to a 2-year term as an arbitrator.

Joshua Luskin of Cook County has 15 years of law experience and is currently a partner at the law firm Nyhan, Bambrick, Kinzie & Lowry, specializing in workers' compensation. Previously, Mr. Luskin has served as an arbitrator with the Cook County Mandatory Arbitration program, a Lieutenant in the U.S. Navy Judge Advocate General's Corps as a prosecutor, as counsel of the Champaign County State's Attorney's Appellate Prosecutor and a Champaign County Assistant State's Attorney. He holds a J.D. from University of Michigan and a B.A. from Macalester College. Mr. Luskin has been appointed to a 2-year term as an arbitrator.

Molly Mason of Cook County has more than 25 years of workers' compensation law experience, served as a Commissioner with the Illinois Workers' Compensation Commission since 2007 and as a staff attorney since 2003. Ms. Mason previously worked at law firms Corti, Freeman & Aleksy, and Burke & Burke, and has published several articles in the Illinois Bar Journal.  She holds a J.D. from Loyola University, and a B.A. from Harvard University.  Ms. Mason has been appointed to a 2-year term as an arbitrator.

 

Stephen Mathis of Sangamon County served for 10 years as Legal Counsel and Staff Analyst for the Illinois Senate Staff, and has been an arbitrator with the Illinois Workers' Compensation Commission since 1996.  He holds a J.D. from John Marshall Law School and a B.S from the University of South Florida and has more than 20 years of workers' compensation law experience.  Mr. Mathis has been appointed to a 1-year term as an arbitrator.

Neva Neal Mundstock of Sangamon County has more than 25 years of experience in workers' compensation and has been an arbitrator at the Illinois Workers' Compensation Commission since 1981. She has studied Administrative Law and the National Judicial College and holds a B.A. from the University of Illinois at Springfield. Ms. Neal Mundstock has been appointed to a 1­­-year term as an arbitrator.

Peter O'Malley of DuPage County has more than 20 years of workers' compensation experience as a staff attorney of the Illinois Workers' Compensation Commission since 1995 and as an arbitrator since 2003.  Previously Mr. O'Malley represented petitioners and respondents in workers' compensation cases at Kubiesa, Power &Cronin and Bullaro, Carton & Stone. He holds a J.D. from the John Marshall Law School and a B.S. from Marquette University.  Mr. O'Malley has been appointed to a 1-year term as an arbitrator.

Maureen Pulia of Cook County brings extensive experience in business, government and workers' compensation.  She has been a staff attorney for Illinois Workers' Compensation Commission and has been an arbitrator since 2003.  Previously, Ms. Pulia was the Director of Access Health, Trustee of the Village of Westchester, and product manager of systems and management at Baxter Healthcare.   She holds a J.D. and a B.S. from DePaul University.  Ms. Pulia has been appointed to a 1-year term as an arbitrator.

 

Deborah Simpson of Kane County has more than 25 years of government and law, having served since 2000 in the Office of the Illinois Attorney General's Administrative Review / Civil Prosecutions Unit.  Previously Ms. Simpson was attorney at the State's Attorney's Offices for Kane, Vermilion and Cook Counties.  She has been a part-time instructor at the Danville Area Community College, and is a member of several community organizations.  She holds a J.D. from the John Marshall Law School and a B.A. from DePaul University.  Ms. Simpson has been appointed to a 2-year term as an arbitrator.

 

Lynette Thompson-Smith of Cook County has been Special Assistant Attorney General of the Illinois Industrial Commission Bureau since 1989. Her previous experience includes working as an Associate at the City of Chicago's Office of the Corporation Counsel prosecuting license violations, as a law clerk at the Circuit Court of Cook County and as a law clerk at the Office of the Cook County Public Defender. She received a Certificate of Completion from the International Workers' Compensation College of the International Association of Industrial Accident Boards and Commissions at Salve Regina University, Rhode Island and received her Doctorate at Rutgers School of Law in 1983. Ms. Thompson-Smith has been appointed to a 3-year term as an arbitrator.

 

Jeffrey E. Tobin of Morgan County has been an arbitrator with the with the Illinois Workers' Compensation Commission since 2004. Mr. Tobin holds a J.D. from T.M. Cooley Law School. Prior to joining the Commission, Mr. Tobin worked at Pratt & Tobin, P.C. from 2000 through August 2002 resolving workers' compensation claims. In 2002, Mr. Tobin was Partner at Thomson, McNeely & Tobin, P.C. handling workers' compensation and personal injury claims. Mr. Tobin has been appointed to a 2-year term as an arbitrator.

 

Ruth White of Sangamon County has been an arbitrator with the Illinois Workers' Compensation Commission for the last 30 years.  Ms. White graduated from the University of Illinois, College of Law in 1973 and started working at the Law Office of Richard Grummon.  Ms. White served as special Assistant to the Attorney General from 1976-1978 and joined the Workers' Compensation Commission (formerly known as the Industrial Commission) in 1979.  Ms. White has been appointed to a 1-year term as an arbitrator.

Robert Williams of Cook County has more than 30 years of experience practicing law in government and in the private sector, and has been an arbitrator with the Illinois Workers' Compensation Commission since 1997. Previously, Mr. Williams has served as Chief of the Chicago Industrial Commission bureau of the Office of the Illinois Attorney General, as legal counsel for the Illinois Office of the Comptroller and as corporate counsel in the City of Chicago's law department. He also was an associate at Washington, Kennon, Bryant & Hunter, holds an MBA from the University of Illinois, a J.D. from Loyola University, and a B.S. from Le Moyne-Owen College. Mr. Williams has been appointed to a 2-year term as an arbitrator.

###

Lyons, Nebraska - For the Center for Rural Affairs, the most troubling concern about a  proposal rumored to be forthcoming in a letter from House and Senate Agriculture Committee leaders to the twelve member deficit reduction "Super Committee" is whether it would follow the trend of recent farm bill proposals and continue to allow the single most wasteful and counterproductive feature of current farm policy - virtually unlimited federal crop and revenue insurance subsidies.


*Following is a list of questions and background on the subjects mentioned above...

Will the nation's largest farms and wealthiest landowners get a pass on contributing to deficit reduction?

Will the Agriculture Committees' recommendations to the Super Committee continue the single most wasteful and counterproductive feature of current farm policy - unlimited payments to subsidize the nation's largest farms to drive small operations out of business?  

Any serious reform of federal farm programs must cap federal crop and revenue insurance subsidies to mega farms.  They are the most expensive element of farm programs, costing $7 billion annually. And if one big corporation farmed all of America, USDA would pay 60 percent of its insurance premiums on every acre for protection from low prices and crop failure.

Why should the federal government pay 60% of crop insurance premiums on every acre of the largest farms and richest landowners in America, especially in the midst of record high farm income and record federal deficits?

Any serious reform must also close loopholes in the cap on other farm payments. Senators Chuck Grassley (R-IA) and Tim Johnson (D-SD) have again introduced legislation to close those loopholes, but it is not incorporated in either the President's proposal or any of the budget proposals introduced in Congress. That means that whatever revised safety net is established will include no cap on benefits for anyone who takes the steps to form a general partnership with investor partners.

Finally, will the Agriculture Committees' budget proposal include any room for funding for rural development and beginning farmer programs that invest in creating a future in rural America?   We probably know the answer.  But consider this.  The two last farm bills have invested an average of about $45 million annually in rural development programs from mandatory funds.  Overall federal rural development funding has fallen by more than one quarter since 2003. (See below.)

Why should continuing recent levels of farm bill funding for rural development be a lesser priority than paying the crop insurance premiums for the biggest farms and richest landowners in America, without limit, at a time of record deficits and record farm income?

Subsidies should be capped to powerful mega-farm interests and the savings reinvested in rural development programs that support small business and beginning farmers, create jobs for ordinary rural Americans and build a more vibrant future for small town America.

Rural Community Development Budget Authority Final Appropriation FY 03-11 and President's Proposed FY 12 Budget (excluding ARRA and mandatory funds for water and sewer backlog )

 

 

FY03

 

FY04

FY05

FY06

FY07

FY08

FY9

FY10

FY11

FY12

Water/Sewer

723.2

 

605

552.1

530.1

554

539

566.8

568

529

489

Buss-ness

127.7

 

91.5

89.6

109.5

71.3

105.9

123.9

121.4

108.3

125

Comm Facility

96.8

 

75.9

89.1

82.6

77

69

50.1

55

41.62

38

Total

947.7

 

772.4

730.8

722.2

702.3

713.9

740.8

744.4

679.1

675

WASHINGTON - As the Joint Select Committee on Deficit Reduction works to adopt deficit reduction measures, Senators Herb Kohl and Chuck Grassley are urging the panel to include a bipartisan bill that cuts costs by encouraging competition from generic drugs.

The Preserve Access to Affordable Generic Drugs Act (S. 27) would deter "pay-for delay" settlements in which brand name drug companies settle patent disputes by paying generic drug manufacturers in exchange for the promise of keeping the generic version of the drug off the market. Under the bill, these anti-consumer pay-off agreements would be presumed illegal and the Federal Trade Commission (FTC) would be given the authority to stop the agreements.

"Keeping generic drugs out of the market costs taxpayers and consumers billions of dollars," Kohl said. "By ending these kinds of backroom deals, generic drugs will get to market sooner and prescription drug costs will go down."

"The wheeling and dealing that these companies take part in only hurts the pocketbooks of taxpayers.  Our bill is a win-win for both the federal government and the consumer.  It won't solve our fiscal problems, but every little bit helps," Grassley said.

The Congressional Budget Office estimated that the bill would save the federal government - which pays approximately one-third of all prescription costs - $2.68 billion over ten years. The president included a provision to end pay-for-delay settlements in his FY 2012 budget and estimated it would save the federal government $8 billion over ten years. The FTC estimated that ending these settlements would save consumers, who pay for prescription drugs through private insurance or on their own, $3.5 billion per year.

The text of the letter is included below and a copy of the letter can be found here.

October 13, 2011

 

The Honorable Patty Murray

Co-Chairman

Joint Select Committee on Deficit Reduction

United States Congress

Washington, DC 20510

 

The Honorable Jeb Hensarling

Co-Chairman

Joint Select Committee on Deficit Reduction

United States Congress

Washington, DC 20510

 

Dear Senator Murray and Representative Hensarling:

As the Joint Select Committee on Deficit Reduction considers measures to accomplish deficit reduction, we urge you to include our bipartisan  pro-consumer legislation to remove barriers to generic drug competition, the Preserve Access to Affordable Generics Act, S. 27.  Because it would increase the availability of low cost generic drugs to millions of Americans, this legislation has been scored by the Congressional Budget Office as saving the federal government over $ 2.68 billion in reduced drug reimbursement payment in federal health programs over the next decade.    The President's budget for FY 2012 estimated that adoption of our bill would save the federal government $ 8.79 billion over the next decade.

Our bill would presume illegal so-called "pay for delay" pharmaceutical patent settlements.   In these settlements, brand name pharmaceutical companies pay millions of dollars in cash or other valuable consideration to generic drug companies to settle drug patent litigation, in return for the generic drug company agreeing to withhold marketing its generic drug until the end, or shortly before, the expiration of the patent.

These pay for delay settlements deprive consumers of years of generic drug competition, while enriching both the generic drug company and the brand name manufacturer, which maintains its monopoly on the drug.   However, consumers lose by paying substantially higher prices and the government loses by paying substantially higher drug reimbursement payments under Medicare and other federal health programs.

In the late 1990s, the FTC challenged several pay-for-delay agreements as being anti-competitive and shortly thereafter, the use of these agreements declined.  From 2000 to 2004, patent cases continued to settle, but the settlements did not include payments to generic drug makers.  Since 2005, however, three Circuit Courts of Appeal decisions have rejected these antitrust challenges, and held that the rights of patent holders make virtually any patent settlement permissible, even anti-competitive settlements, trumping antitrust law.  And the effects of these court decisions were immediate - the FTC found that half of the settlements made in 2006 and 2007 between brand name and generic companies included a pay-off from the brand name manufacturer in exchange for a promise from the generic company to delay entry into the market.  These precedents have made it very difficult for the FTC to successfully challenge these pay-for-delay patent settlements.  Our legislation would ensure that these anticompetitive pay-for-delay agreements are properly subject to antitrust scrutiny.

The Preserve Affordable Access to Generics Act is a balanced solution to addressing this problem.  Under our legislation, these pay-for-delay agreements will be presumed illegal and the FTC will have to pursue legal action under the FTC Act to invalidate a settlement.  During the proceeding, the drug companies will have the opportunity to prove to a judge by clear and convincing evidence that these agreements are pro-competitive.  Significant penalties may be assessed against companies that enter into agreements which are found to be illegal.  This legislation will therefore prevent anti-competitive pay-for-delay agreements while permitting settlements which truly do not harm competition.

In addition, we should stress that our bill would in no way prevent pharmaceutical patent settlements that do not contain pay for delay provisions.   In FY 2010, the FTC reviewed 113 settlements agreements under the Medicare Modernization Act.  Of those, 31 contained pay-for-delay provisions, of which 22 involved different drugs for a total of $9.3 billion in U.S. sales.  The 81 remaining settlements did not have a pay-for-delay provision in them.  This data suggests that these cases can be settled without resorting to a pay-for delay agreement.   Our legislation only targets those settlements that harm competition - pay-for-delay agreements in which cash or other valuable consideration is exchanged for delay in generic entry.

 

Our legislation passed the Senate Judiciary Committee with bipartisan support in both of the last two Congresses, most recently in July.   By removing a significant barrier to the availability of generic drugs, this bill will reduce the federal deficit and benefit millions of consumers. We urge the Joint Select Committee to include our bill as part of any overall deficit reduction measure that you adopt.

Thank you for your consideration.

Sincerely,

 

 

_____________________________ 

HERB KOHL                           CHUCK GRASSLEY                      

Chairman, Subcommittee on                   Ranking Member, Committee on the

Antitrust,  Competition Policy                    Judiciary

and Consumer Rights

 

 

CC:

Senator Max Baucus

Senator John Kerry

Senator Jon Kyl

Senator Rob Portman

Senator Pat Toomey

Congressman Xavier Becerra

Congressman Dave Camp

Congressman James Clyburn

Congressman Fred Upton

Congressman Chris Van Hollen
'Grow. Evolve. Become.'

(Bettendorf, IA - October 14, 2011)    Brown Mackie College - Quad Cities will host an Open House Saturday, October 22, from 10:00 a.m. - 2:00 p.m. Grow Your Life. Evolve Your Mind. Become Your Vision.  Learn about targeted education for future careers and convenient "one course a month" day and evening schedules. Guests can meet the president, faculty, staff, students, and have the opportunity to tour classrooms and labs. Red Hot Brian Scott and Tony Tone from B100 will be joining us along with the Rock Island Metro Youth Group. The College will also be hosting an Halloween event. Families can bring their children to trick or treat.

There is no charge to attend the Open House. To register online, visit BMCOpenHouse.com.

EVENT:  Brown Mackie College - Quad Cities Open House
'Grow Your Life. Evolve Your Mind. Become Your Vision.'

DATE:    Saturday, October 22, 2011

TIME:     10:00 a.m. - 2:00 p.m.

Where:   Brown Mackie College - Quad Cities
2119 E. Kimberly Road
Bettendorf, IA 52722

For additional information about the Open House or Brown Mackie College - Quad Cities, contact Ann Sandoval at (563) 344-1500 or visit http://www.brownmackie.edu/pr.aspx?ID=BMC2379.
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Brown Mackie College - Quad Cities is one of 27 school locations of the Brown Mackie College system of schools (www.brownmackie.edu), which is dedicated to providing educational programs that prepare students for entry-level positions in a competitive, rapidly-changing workplace. Brown Mackie College schools offer bachelor's degree, associate's degree, certificate, and diploma programs in health sciences, business, information technology, legal studies and design technologies. See bmcprograms.info for program duration, tuition, fees, and other costs, median debt, federal salary data, alumni success, and other important info.

WASHINGTON, Oct. 14, 2011-Agriculture Deputy Secretary Kathleen Merrigan today announced 29 grants across 19 states to develop and share science-based tools to address the needs of America's specialty crop industry. USDA's National Institute of Food and Agriculture (NIFA) is awarding the grants, totaling $46 million, through its Specialty Crop Research Initiative (SCRI).

"Over the last 60 years, agriculture, including horticulture, has become increasingly reliant on science and technology to maintain profitable production," Merrigan said. "Specialty crop producers in the United States?as with all of American agriculture?are seeing sales surge both domestically and abroad as consumers search for high quality, 'Grown in America' fruits, vegetables and tree nuts. These projects will help provide specialty crop producers with the information and tools they need to successfully grow, process and market safe and high quality products, supporting jobs and opportunities for Americans working in specialty crops. From herbs to apples, from walnuts to grapes, specialty crops are central to the richness of American agriculture."

SCRI supports the specialty crop industry by developing and disseminating science-based tools to address the needs of specific crops. Specialty crops are defined in law as "fruits and vegetables, tree nuts, dried fruits and horticulture and nursery crops, including floriculture." Funded projects address five focus areas: 1) improve crop characteristics through plant breeding, genetics and genomics; 2) address threats from pests and diseases; 3) improve production efficiency, productivity and profitability; 4) develop new innovations and technologies and 5) develop methods to improve food safety.

SCRI gives priority to projects that are multistate, multi-institutional or trans-disciplinary; and include explicit mechanisms to communicate results to producers and the public. Each of the focus areas received at least 10 percent of the available funds. The majority of funded projects addresses two or more focus areas, and includes many collaborating institutions in addition to the awardee.

The projects funded address research and extension needs for crops that span the entire spectrum of specialty crops production, from researching plant genetics to improving crop characteristics; identifying and addressing threats from pests and diseases; improving production and profitability; developing new production innovations and technologies; and developing methods to respond to food safety hazards.

Projects were funded in Alabama, California, Florida, Georgia, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Virginia, Washington and Wisconsin. Most of the grant recipients are universities and colleges. Grant highlights include :

  • The University of Massachusetts Amherst will study pollination security for fruit and vegetable crops;
  • Michigan State University will develop a system to deliver resource-efficient, ecologically sustainable fruit production systems for apple and cherry producers
  • The University of Wisconsin system will study improved breeding and variety evaluation methods to increase quality in processed potato products
  • The University of Georgia Research Foundation will help to improve the long-term competitiveness of U.S. pecans based on their nutritional and health-promoting components
  • Washington State University will help U.S. raspberry producers find new tools for breeding and reaching markets

A full list of awardees can be found online at: www.nifa.usda.gov/newsroom/news/2011news/scri_awards.html.

Through federal funding and leadership for research, education and extension programs, NIFA focuses on investing in science and solving critical issues impacting people's daily lives and the nation's future. For more information, visit www.nifa.usda.gov.

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House committee endorses bill introduced by Braley to open all supercommittee meetings to the public 

 

Washington, DC - Today, Rep. Bruce Braley (IA-01) applauded the advancement of a bipartisan measure that would require all proceedings of the US Congress Joint Select Committee on Deficit Reduction be made open to the public.  The bill, which Braley introduced, advanced as the deficit supercommittee has come under increasing fire in recent days for conducting its business behind closed doors.

"Congress only works if its members are accountable to taxpayers," Braley said.  "The deficit supercommittee has power to dramatically alter Medicare, Social Security, and other federal programs.  Yet they've been conducting their discussions in secret, out of the view of even other members of Congress.

 

"Whole armies of corporate lobbyists have been deployed to Washington to influence the supercommittee's decisions.  With as much power as they have, it's critical that the supercommittee's deliberations occur in broad daylight - not in some smoky Capitol backroom out of the public's watchful eye."

Braley's bill, the "Federal Advisory Committee Act Amendments of 2011" (HR 3124), was endorsed in a bipartisan vote by the US House Committee on Oversight and Government Reform late last night.

A copy of the bill may be downloaded at the following link: http://hdl.loc.gov/loc.uscongress/legislation.112hr3124

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Mark your calendars for November 12th, if you haven't already, because GIRS Fall Fest 2011 is only ONE MONTH AWAY!

Some highlight's of the event:

§    Nationally renowned speakers Jake Adams, editor of reefbuilders.com and Randy Reed, co-founder of Reed Mariculture Inc.
§    A TON of awesome, high value raffle items, such as two Vitrea aquariums, one with a MSRP of over 3k!  Tickets to Shedd Aquarium, gift certificates to
Rogger's Food & Aqua Medic, Portal viewer, Seachem salt, JBJ 28g nano, RO unit and MORE!
§    A dozen + commercial vendors
§    A dozen non-commercial/hobbyist sellers
§    An easy drive-held just minutes north of the Quad Cities in Eldridge, IA
§    Affordable!  Admission is just $10 and GIRS members receive 10 raffle tickets!


This is going to be the biggest and best GIRS Fall Fest EVER!

If you've been thinking about renting a table to sell at the event, all vendor space is currently spoken for.  Contact mthomp at GIRS if you would like to be notified of any cancellations.

Also, volunteers are still needed for after Fall Fest for tank tear downs and clean-up.  This is vital to the success of the event, so if you can stick around to help, please contact mthomp at GIRS for details and to volunteer.

For more event info., visit: http://fests.greateriowareefsociety.org/

The National Family Farm Coalition expressed its deep disappointment at the news of Congressional approval of the free trade agreements with Korea, Colombia, and Panama. Board president Ben Burkett stated, "The U.S. alone has lost 300,000 family farmers since NAFTA was implemented, and we don't expect the lowered tariffs for beef and oranges to offset those numbers in the next 15 years."

Wisconsin farmer John Kinsman, who met with President Obama, USDA Secretary Vilsack and Secretary of Transportation Ray LaHood at the White House Rural Forum in Podesta, Iowa, was particularly disheartened. "We outlined our concerns about the trade agreements to the President and Secretary Vilsack, but they chose to ignore them. This Administration has, unfortunately, caved to the notion that any trade is good trade. They abandoned their campaign pledge to revisit our nation's trade policies, despite the continued loss of family-scale producers and the rural communities behind them."

The Coalition was one of 57 farm, fishing, food, faith, and social justice organizations who signed a September 14 letter to members of Congress urging opposition to all three trade agreements, demanding 'fair trade, not free trade.'

NFFC board vice president Dena Hoff noted, "The Korean Peasants League calculated that South Korea will lose nearly half of its agricultural production and its farmers, so their rural communities will decline just as those in the U.S. have. Instead of supporting localized food production and food sovereignty, the plan is to export highly processed foods that simply add to the pockets of transnational corporations."

Additional concerns included Colombia's human rights abuses and Panama's tax-haven status. Added Hoff, "This is morally wrong."

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We have a lot to share with you this week, so we'll just dive right in to the details.  The RiverCenter will be buzzing with a wide range of events this week including the Trinity Celebrity Style Show, a Quad-City Rollers Bout, and the AUSA Sea of Goodwill Luncheon.

Kinetix A dynamic and high energy band, Kinetix, is headlining a show at River Music Experience Friday, and the 3rd Sunday Jazz Workshop & Matinee will feature the talented Chris Greene Quartet.  Check out Kidz Days along with performances by Diet Folk, Quarter Til, QC-KIX Orchestra, and Skynny Skynyrd, too.  Maybe you could even consider taking some music lessons?

Interested in learning more about your family history?  Visit the library during Genealogy Night and discover more about your family roots.  Entertainment at Rhythm City will feature Adam Beck as well as another thrilling and funny Mystery Dinner Theater show. 

Paris Participate in the Thursdays at the Figge Art Talk, and stick around the museum tonight to take your pick between an acrylic painting class, a printmaking workshop, and a glass workshop.  Learn about Art, Urbanism, and the Parisian Experience on Sunday, or just stop by to see the current exhibits.
Bowls Logo
Have you heard the delicious news?  Bowls: Urban Eats will begin serving breakfast on Monday!  You just can't go wrong with a breakfast bowlOktoberfest brew is now on tap at Front Street Brewery, so break out your lederhosen and polka your way over to the pub for a taste.

deadstock Mark your calendar now for the upcoming Halloween events!  Deadstock at Bucktown, IP Seance,  the Zombie Pride Parade, and the Davenport Halloween Parade are all just around the corner!  If you're too impatient to wait it out, just head over to the Jaycees Haunted House.  Stay tuned for more Halloween event details later this month.
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Don't forget to swing by the Freight House Farmers Market, and stop in Kilkenny's Pub for free live music by Jordan Danielsen and Just Chords this week.  Also, head over to Ragged Records and take advantage of their huge DVD sale while it lasts!

See you downtown!

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