Justice Dept Brands Huawei as a Criminal Enterprise

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Gotta hope that Europe takes note, especially Britain. Europe so far has approved Huawei as the vendor platform for 5G. Check your use of apps at the Google store and take a second look at your smart devices.

Image result for huawei source

FDD: The U.S. Department of Justice (DOJ) indicted Chinese telecommunications firm Huawei Technologies and its subsidiaries last week for alleged racketeering, theft of intellectual property, and conspiracy to commit bank fraud, among other charges. The indictment portrays Huawei not merely as a company that has broken the law, but as a fundamentally criminal enterprise.

The new charges target Huawei, four of Huawei’s subsidiaries (Huawei Device Co. Ltd., Huawei Device USA Inc., Futurewei Technologies Inc., and Skycom Tech Co. Ltd.), and Huawei’s chief financial officer, Meng Wanzhou, for violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, which Congress passed in 1970 to combat organized crime.

According to the DOJ, the Huawei business model entailed “the deliberate and repeated misappropriation of intellectual property of companies headquartered or with offices in the United States.” DOJ also highlighted other violations, including Huawei’s role in sanctions evasion and fraudulent activities.

Last week’s indictment marks the first time DOJ charged a company with suspect connections to a foreign government as a criminal enterprise. Although Huawei asserts it is not state-owned, the company has indirect ties to the Chinese government and has yet to publically disclose who exactly owns and controls the company. Huawei’s majority shareholder is the company’s labor union, which keeps the details of its membership and governance structure out of the public eye. Last year, Jiang Xisheng, a top executive, explained during a press conference that the labor union’s ownership is simply a matter of legal convenience; this only further obfuscated who is really in charge. Additionally, Huawei’s founder, Ren Zhangfei, served in the Chinese military and is a member of the Chinese Communist Party.

While the indictment does not say that Beijing directed Huawei to operate as a criminal enterprise, China’s National Intelligence Law of 2017 requires Huawei and other private companies to provide the government with their data to “support, assist, and cooperate with state intelligence according to the law.” In short, the law empowers Beijing to exploit Huawei as an intelligence asset whenever it sees fit.

In other high-profile cases, the Chinese government has stolen sensitive U.S. data to achieve a strategic advantage. U.S. officials have even deemed China’s espionage and intelligence activities as a “long-term existential threat to the security of our nation.” In 2012, the head of the U.S. National Security Agency estimated that China’s economic espionage cost U.S. companies $250 billion in annual losses. Additionally, the targeting of strategic industries has allowed Beijing to enhance its own military capabilities at America’s expense.

The exploitation of Huawei could clearly enhance Beijing’s intelligence collecting capabilities. Just last week, the U.S. government reported that for over ten years Huawei secretly maintained “back doors” on its mobile networks that allowed the company – and potentially the Chinese government – to have direct access to their users’ most sensitive data.

The indictment of Huawei as a criminal enterprise shows that the Trump administration was mistaken when it placated Beijing by softening previous penalties for Huawei’s misconduct. If the court finds Huawei guilty under RICO, the administration should ensure the full application of all penalties necessary to end its criminal pursuits.

 

US Unable to Trace $716 Million of Military Gear

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It was and still is a nasty conflict in Syria, Iraq and even in Turkey. Islamic State lost their control of land mass but the terror group(s) still operate in various locations.
The Pentagon’s Office of the Inspector General, which was released to the public on Tuesday, shows that most of the CTEF weaponry’s whereabouts cannot be verified. The reason, according to the audit, is that officials with the Special Operations Joint Task Force – Operation Inherent Resolve, failed to maintain detailed lists of all military equipment given to Washington’s allies in Syria between 2017 and 2018. Officials did not have a centralized depository facility for dispensing the equipment, and no documentation was kept during the operation, according to the audit. Consequently, thousands of weapons, weapons parts and other military hardware were exposed to “loss and theft”, says the Pentagon report.

US pulled multiple ways in Syria as Islamic State recedes ... source

In December 2018, the DoD began planning for the safe, professional withdrawal of U.S. personnel from Syria while maintaining its efforts to defeat ISIS. For FY 2020, the DoD budget requested $300 million, including $173.2 million for weapons, ammunitions, vehicles, and other CTEF-S equipment, to ensure the enduring defeat of ISIS. The FY 2020 DoD budget request states that equipping, sustaining, and enabling the VSO is critical to the DoD’s approach. The relationship between U.S. forces and the VSO relies heavily on the DoD’s ability to provide weapons, ammunitions, and equipment. Furthermore, the FY 2020 DoD budget request states that the VSO’s combat effectiveness, movement, and operational tempo are directly linked to U.S. support, including the provision of weapons, ammunition, and equipment.

The CTEF-S program provides equipment designated for Syria to support the VSO. From FY 2017 through FY 2018, Congress authorized a total of $930 million for the CTEF-S program to support the VSO. Of the $930 million, the DoD budget requested $715.8 million for weapons, ammunition, vehicles, or equipment for FYs 2017 and 2018.

Special Operations Joint Task Force–Operation Inherent Resolve (SOJTF-OIR), under Combined Joint Task Force–OIR (CJTF-OIR), is the primary accompany force in Syria that advises and assists the VSO. According to SOJTF-OIR personnel, SOJTF-OIR also manages the day-to-day operations of the CTEF-S program. Specifically, SOJTF-OIR personnel identify program requirements—including the VSO’s needs for CTEF-S equipment and weapons— coordinate with acquisition agencies, manage equipment distribution, and monitor divestment tracking and reporting for CTEF-S equipment, such as weapons, ammunition, or vehicles.

Personnel from 1st Theater Sustainment Command (1st TSC), under U.S. Army Central, told us that 1st TSC personnel account for and store CTEF-S equipment in Kuwait, accept the equipment once it arrives in Kuwait, then transport the equipment to the Building Partners Capacity (BPC) Kuwait warehouse. According to 1st TSC personnel, 1st TSC maintain a detailed inventory of all CTEF-S equipment at the BPC Kuwait warehouse and coordinate the movement of all CTEF-S equipment from the BPC Kuwait warehouse to storage sites closer to Syria. Personnel from 1st TSC indicated that CTEF-S equipment remains in U.S. Government possession while stored at the BPC Kuwait warehouse and storage sites closer to Syria. According to SOJTF-OIR personnel, Coalition units located throughout Syria work closely with the VSO to identify their current and future operational needs, such as weapons and vehicles. The VSO consists of DoD-approved Syrian opposition personnel who are dedicated to fighting ISIS throughout Syria. SOJTF-OIR personnel stated that Coalition units select, investigate, train, and equip these local Syrian forces to defeat ISIS. In addition, SOJTF-OIR personnel stated that Coalition units receive the CTEF-S equipment from the BPC Kuwait warehouse and divest CTEF-S equipment to the VSO. Once divested, ownership and accountability of CTEF-S equipment is transferred from the DoD to the VSO.

Finding

SOJTF-OIR personnel did not account for the budgeted $715.8 million of CTEF-S equipment for FYs 2017 and 2018 from procurement through divestment in accordance with DoD Instruction 5000.64 and Army Regulation 735-5. For example, SOJTF-OIR personnel did not maintain comprehensive lists of all equipment purchased and received. This occurred because SOJTF-OIR personnel allowed multiple entities involved with CTEF-S equipment to store records in numerous locations instead of designating a central repository for all supporting accountability documentation.

1st TSC personnel did not properly store or secure CTEF-S equipment at the BPC Kuwait warehouse in accordance with DoD guidance, Army regulations, or SOJTF-OIR standard operating procedures. For example, 1st TSC personnel stored weapons outside in metal shipping containers, exposing the equipment to harsh environmental elements, such as heat and humidity. This occurred because SOJTF-OIR personnel did not divest or dispose of CTEF-S equipment, which led to overcrowding at the BPC Kuwait warehouse. In addition, according to 1st TSC’s inventory records, 1st TSC personnel stored 4,144 Category II weapons (sensitive weapons), such as machine guns and grenade launchers, outside in metal shipping containers and not in a facility that met the requirement for storing Category II weapons.

For FY 2020, the DoD budget requested $173.2 million for weapons, ammunitions, vehicles, and other CTEF-S equipment. Without accurate accountability records, such as inventory records and hand receipts, SOJTF-OIR personnel could order equipment that SOJTF-OIR already has in stock, risking unnecessary spending of CTEF-S funds and further overcrowding the BPC Kuwait warehouse resulting in equipment being stored outside.

Furthermore, SOJTF-OIR and 1st TSC personnel left thousands of CTEF-S weapons and sensitive equipment items vulnerable to loss or theft. Without conducting consistent inventories and ensuring proper security for CTEF-S equipment, 1st TSC could not determine whether items were lost or stolen which could delay the initiation of an investigation.

Recommendations

We recommend that the Commander of SOJTF-OIR develop a central repository system for all documentation required to support CTEF-S equipment requested on the memorandum of requirement through the entire divestment process.

We recommend that the Commander of SOJTF-OIR develop guidance for the proper disposal of CTEF-S equipment stored at the BPC Kuwait warehouse that has been declared unserviceable.

Additionally, we recommend that the Commander of 1st TSC complete a physical security inspection periodically, but no less than every 18 months, and ensure corrective action is taken to fix new and existing security issues identified.

Management Comments and Our Response

During the audit, we advised SOJTF-OIR and 1st TSC of the deficiencies within the CTEF-S program for the accountability and security of CTEF-S equipment. SOJTF-OIR and 1st TSC personnel agreed with our findings and immediately initiated corrective actions. SOJTF-OIR personnel stated that SOJTF-OIR created a shared drive portal for all documentation for CTEF-S equipment from procurement through divestment, including memorandums of requirement, purchase orders, equipment received, inventories completed, hand receipts, transfers, and divestment packages. 1st TSC has already started providing its hand receipts and completed inventory documents to SOJTF-OIR for inclusion in the shared drive. As of January 2020, SOJTF-OIR is using this shared drive portal to store documentation for CTEF-S equipment, such as inventories, lateral transfers, and hand receipts. The actions taken addressed the specifics of Recommendation 1 to establish a central repository for all documentation required to support CTEF-S equipment requested on the memorandum of requirement through the entire divestment process; therefore, Recommendation 1 is closed.

On May 31, 2019, U.S. Central Command developed and began implementing a disposal plan for unserviceable equipment purchased for the VSO, including items stored at the BPC Kuwait warehouse. CJTF-OIR personnel stated that this plan will reduce the amount of CTEF-S equipment currently stored at the BPC Kuwait warehouse, and equipment will no longer need to be stored outside the warehouse exposed to the harsh elements. Furthermore, in November 2019, CJTF-OIR personnel confirmed that disposition guidance for unserviceable CTEF-S equipment was received from U.S. Central Command and that unserviceable CTEF-S equipment will be provided to the Defense Logistics Agency or disposed. The actions taken addressed the specifics of Recommendation 2 to develop guidance for the disposal of unserviceable equipment; therefore, Recommendation 2 is closed.

During our February 2019 followup site visit, the audit team verified that 1st TSC personnel had started taking corrective actions to address the security deficiencies on the issues the audit team identified during the initial site visit. The actions taken addressed the specifics of Recommendation 3 to complete a security inspection and address security issues; therefore, Recommendation 3 is closed.

This report is a result of Project No. D2019-D000RJ-0031.000

Trump Assembles Clemency Team

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So much has been debated in recent years over prison sentencing and reform. Last year, a new law was passed by Congress and signed by President Trump that changed sentencing and release standards giving pathways for second chances.

The most recent signatures by President Trump on the 11 people giving them criminal relief is still in contention especially with former Illinois Governor Rod Blagojevich. As a sidebar, it is suggested that there is much more to the story regarding the case of Blago that the reader should consider why he was the single fall guy.

All presidents are presented with petitions and letters of cases for consideration of those serving excessive prison terms or those released having served their respective terms and seek pardons. President Trump indeed does support second chances and has assembled a team to review cases. This team of advisers is to recommend and vet candidates for pardons. Jared Kushner, Trump’s son-in-law and senior adviser is the manager of the team.

Alice Johnson/source

Others on the team include Pam Bondi, Alice Johnson, Matthew G. Whitaker, Democratic commentator Van Jones and Brett Tolman, a former U.S. attorney in Utah.

Several officials familiar with the matter said the White House has been discussing ways to revamp the clemency process for months, amid growing consensus that the role of the Justice Department should be minimized. The White House has been disappointed with the Justice Department’s process, officials said. While the Justice Department has traditionally received clemency petitions, the new process involves direct submission of applicants to the White House Office of American Innovation, which is led by Kushner, according to people familiar with the matter.

Ja’Ron Smith, the deputy director of the Office of American Innovation, has also been involved in the pardon process, officials said.

Paul Larkin, a research fellow at the Heritage Foundation who has worked with the White House on criminal-justice issues, said Kushner and others in the administration have held discussions about changing the clemency process since 2018.

Larkin said the discussions he participated in, including one led by Kushner in 2018, included proposals for reducing or eliminating the role of the Justice Department’s Office of the Pardon Attorney in the clemency process.

Marc Levin, who leads the Texas Public Policy Foundation’s Right on Crime initiative, said changing the presidential pardon process has long been on the agenda of advocates on both sides of the aisle.

“In most states, as you know, the parole and clemency process is not vested with prosecutors,” he said, noting that Obama also tried to make changes, though those efforts still took place within the Justice Department. “Both sides recognize that the traditional process needs to be reformed.”

The foundation’s executive, Kevin Roberts, was listed by the White House as someone who advocated for the release of Hall, Munoz and Negron.

It’s not clear how the people in Trump’s informal network will select people to recommend for clemency, or whether any of the thousands of inmates with pending applications will be able to get the attention of Trump’s allies.

Larry Kupers, who led the pardon office during the first two years of the Trump administration, noted that a record-setting number of nearly 13,000 people are waiting for responses to their clemency requests. Many of them have no access to the president, and it’s not clear how they would fare under a new clemency process that cuts out the career officials at the Justice Department. More found here.

 

The World/Media Ignores Frozen to Death Syrian Children

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Anyone remember the war in Syria? Anyone? Does anyone report the humanitarian crisis in Aleppo and Idlib where bombing continues on schools and hospitals by Russia?
Anyone?
Turkey hold several Syrian refugee camps and since December yet another 1.0 Syrians have fled on foot or by riding on the back of flatbed trucks towards the Turkey/Syria border which is essentially closed.
Remember the refugee crisis a few years ago of millions flowing into Europe? It is about to happen again, Turkey and Jordan cant handle the current refugees much less another million. Are they just to die? This atrocity all belongs to Putin and Assad and Iranian militias.

Since Dec. 1, some 900,000 people have been uprooted by violence in Syria, according to the United Nations. Now, new satellite images give a sense of scale to that crisis.

Syrian troops and the Russian air force are attempting to retake the northwest province of Idlib, the last rebel-held province in Syria’s ongoing civil war. NPR’s Deb Amos reports the offensive has killed over a thousand civilians. Many others have sought shelter near the Turkish border, the U.N. says.

Photos collected by a commercial satellite company show the refugee camps that have popped up in and around three Syrian towns near the border.

The U.N. says the majority of those who have been displaced are women and children.

“They are traumatized and forced to sleep outside in freezing temperatures because camps are full,” U.N. Under-Secretary-General for Humanitarian Affairs Mark Lowcock said Monday. “Mothers burn plastic to keep children warm. Babies and small children are dying because of the cold.”

Turkey has taken in about 3.5 million refugees. But the country says it’s at its limits.

The U.N.’s Lowcock is urging a cease-fire, saying it would be the only way to avert “the biggest humanitarian horror story of the 21st Century.” Satellite images found here.

***

A father clutching his sick daughter says they’ve been on the road for two days trying to reach safety. Where is that? He points ahead. “The camp,” he says, before rushing off.
Once independent from each other, the camps along the border with Turkey have sprawled into a massive city of semi-permanent structures. More than one million people, displaced from nine years of fighting, already live in the ever-expanding camps, which provide some semblance of security even as the freezing temperatures take their toll.
Sitting in the corner of the family’s tent, Samiya recalls the night when temperatures dipped below freezing as the last of their fuel ran out. Her seven-month-old baby, Abdulwahab, was warm when she changed his diaper and fed him that evening before putting him to sleep for the night.
Just after dawn, she woke up to the screams of her older kids. Abdulwahab’s little body was as cold and gray as the cement their tent sits on.
“I touched him and he was icy,” Samiya said. The family doesn’t own a phone, so there are no photos of Abdulwahab alive. They rushed the boy to the closest doctor, who told them he died of the cold, according to Samiya.
“It’s a hard thing, for a mother to wake up and find her son dead … I wouldn’t wish it on anyone,” she said. “I thought the children would be safe here.”

Conflict rumbles on

A short drive away, in a muddy makeshift camp near Sarmada, the conditions are miserable but a cheer goes up as people point to the sky and yell: “Regime aircraft down!”
In the distance there is an orange ball of fire falling through the sky, leaving a trail of black smoke as people look on, mesmerized.
It’s one Syrian government helicopter out of five that were in the air, and it’s been shot down by opposition fighters, according to activists from the area.
But it’s a small victory. Syrian government forces have captured most of the M5 highway that runs through the opposition-held area, which has shrunk to nearly half the size it was in 2018, when Turkey brokered a deal to set up military outposts to observe a ceasefire.
Back then it was called a de-escalation zone, but now schools and mosques have been converted into shelters, and families cram into tents as more relatives arrive. The physical claustrophobia is palpable, but it’s also psychological. More.
Once independent from each other, the camps along the border with Turkey have sprawled into a massive city of semi-permanent structures.

Iran to be Blacklisted as a Country

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Financial Action Task Force, a Paris based organization will take blacklisting action on Iran this week. Finally, it appears Europe is joining the United States in this effort even while former Secretary of State John Kerry and a democrat U.S. Senate delegation met with Iranian leaders in a secret setting.
The task force designation will encompass 39 member countries and organizations where this calls for sanctions on Iran due to money-laundering, financing of terror organizations, corruption politicians, international crime, illegal arms trade and drug trafficking. It is unclear if the United Nations has offered any resistance or comment. The only other country under this full designation is North Korea, yet another 12 countries are subject to the same scrutiny and punitive actions by the task force. Banking and access to international trade will be limited or terminated in many cases completely.

Meanwhile, Russia and China have stepped in to provide more support and aid to Iran.
In an effort to preserve trade and revenue, Iran was construction a rail system into Central Asia connecting the Caspian countries of Azerbaijan, Kazakhstan, Azerbaijan, Russia, Kazakhstan and Turkmenistan. Due to US sanctions, Iran has been in a financial tailspin and construction has essentially stopped and the costs were escalating due to the difficult mountainous regions and regional politics. Enter China and Russia.

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The project is expected to cost 1.2 billion euros ($1.5 billion) and is being financed by an export credit that Moscow has extended to Tehran. It will involve the electrification of 495 kilometers of existing line, including 203 kilometers in mountainous areas, and the updating of 31 stations and 95 tunnels. This railway segment is projected to carry up to ten million tons of cargo annually upon completion, in 2024. Russian and Iranian officials are jubilant: “All this creates conditions for the growth of goods traffic along the International North–South Transport Corridor and the intensification of economic ties in the Caspian region,” they say (Casp-geo.ru, February 18). The reasons are obvious: if this rail project is completed, Russia and Iran will be able to control much of the trade coming through or out of Central Asia, thus limiting the freedom of action of the states of that region and giving Moscow and Tehran a greater voice in Chinese decisions there (Casp-geo.ru, November 28, 2019; Ru.irna.ir, November 13, 2019).

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Development of Xinjiang

For China, the project is extremely important due to several factors. First, it will stimulate the economic development of the Xinjiang Uygur Autonomous Region. This autonomous region of China plays a significant role in rail freight transportation on the New Silk Road. The majority of container trains from central, eastern and southern China to Europe run via Xinjiang. Its capital, Urumqi, is also an important railway hub on the corridor towards Europe.

Kashgar, one of the westernmost cities in China, could be another junction in Xinjiang. The Chinese government is discussing the construction of two railway lines from Kashgar: one westward to Kyrgyzstan and Uzbekistan, and another southward. The latter heads to Pakistan, where China Overseas Port Holding Company operates Gwadar Deep Sea Port, and where China intends to build its second, after Djibouti, overseas naval base.

New Silk Road

The second factor of success is the potential of the railway line for the New Silk Road. According to estimations, the Xinjiang – Kyrgyzstan – Uzbekistan route will shorten the route from China to Uzbekistan. Currently, containers going to this Central Asian country must cover long distances and cross the territory of neighbouring Kazakhstan.

Moreover, the railway link between China and Uzbekistan links to Iran (via Turkmenistan) and Turkey, as well as eventually to Europe, especially to Southeast Europe. With this, the route from China to Southeast Europe could be reduced up to 900 kilometres, equal to up to seven or eight days. At the same time, the new railway will allow China to better involve Kyrgyzstan and Uzbekistan into the New Silk Road.