Per Obama: ‘You Cant Have the Documents for 5 Years’

Sheesh, was there a grand opening in Chicago of the Obama Presidential Library that went unreported or something? Is there some extraordinary authority that select government documents became Obama’s exclusive property by some weird executive order perhaps? Was there some tractor-trailer that pulled up to the White House in the last days of the Obama administration that boxes of government property were stolen and smuggled to parts unknown?
As of a month ago, ground was not yet broken:

Judicial Watch: Obama NSC Advisor Susan Rice’s Unmasking Material is at Obama Library

Records Sought by Judicial Watch May Remain Closed to the Public for Five Years

(Washington, DC) – Judicial Watch today announced that the National Security Council (NSC) on May 23, 2017, informed it by letter that the materials regarding the unmasking by Obama National Security Advisor Susan Rice of “the identities of any U.S. citizens associated with the Trump presidential campaign or transition team” have been removed to the Obama Library.

The NSC will not fulfill an April 4 Judicial Watch request for records regarding information relating to people “who were identified pursuant to intelligence collection activities.”

The agency also informed Judicial Watch that it would not turn over communications with any Intelligence Community member or agency concerning the alleged Russian involvement in the 2016 presidential election; the hacking of DNC computers; or the suspected communications between Russia and Trump campaign/transition officials. Specifically, the NSC told Judicial Watch:

Documents from the Obama administration have been transferred to the Barack Obama Presidential Library.  You may send your request to the Obama Library.  However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.

Judicial Watch’s Freedom of Information Act (FOIA) April 4 request sought:

1.) Any and all requests for information, analyses, summaries, assessments, transcripts, or similar records submitted to any Intelligence Community member agency or any official, employee, or representative thereof by former National Security Advisor Susan Rice regarding, concerning, or related to the following:

  • Any actual or suspected effort by the Russian government or any individual acting on behalf of the Russian government to influence or otherwise interfere with the 2016 presidential election.
  • The alleged hacking of computer systems utilized by the Democratic National Committee and/or the Clinton presidential campaign.
  • Any actual or suspected communication between any member of the Trump presidential campaign or transition team and any official or employee of the Russian government or any individual acting on behalf of the Russian government.
  • The identities of U.S. citizens associated with the Trump presidential campaign or transition team who were identified pursuant to intelligence collection activities.

2.) Any and all records or responses received by former National Security Advisor Susan Rice and/or any member, employee, staff member, or representative of the National Security Council in response to any request described in part 1 of this request.

3.) Any and all records of communication between any official, employee, or representative of the Department of any Intelligence Community member agency and former National Security Advisor Susan Rice and/or any member, employee, staff member, or representative of the National Security Council regarding, concerning, or related to any request described in Part 1 of this request.

The time frame for this request was January 1, 2016, to the April 4, 2017.

While acknowledging  in its FOIA request that “we are cognizant of the finding by the Court of Appeals … that [the NSC] “does not exercise sufficiently independent authority to be an ‘agency’ for purposes of the Freedom of Information Act,” Judicial Watch argued:

The records sought in this request pertain to actions by the former National Security Advisor that demonstrate a much higher degree of independent authority than was contemplated by the court; specifically, the issuance of directives to the Intelligence Community related to the handling of classified national security information…

The recent revelations of the role of Susan Rice in the unmasking the names of U.S. citizens identified in the course of intelligence collection activities and the potential that her actions contributed to the unauthorized disclosure of classified national security information are matters of great public interest.

Judicial Watch has filed six FOIA lawsuits related to the surveillance, unmasking, and illegal leaking targeting President Trump and his associates (see hereherehereherehere and here).

“Prosecutors, Congress, and the public will want to know when the National Security Council shipped off the records about potential intelligence abuses by the Susan Rice and others in the Obama White House to the memory hole of the Obama Presidential Library,” said Judicial Watch President Tom Fitton.  “We are considering our legal options but we hope that the Special Counsel and Congress also consider their options and get these records.”

 

At Least 34 Years of Immigration Debate, Loopholes and Dollars

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The proposed Department of Justice budget request for 2018 for the Executive Office of Immigration is $421.5 million and includes 2600 employees with 831 lawyers. Judges assigned to immigration courts are being hired, shuffled around the country and have in some areas have a five year base backlog.

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The Executive Office for Immigration Review (EOIR) was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined the Board of Immigration Appeals (BIA or Board) with the Immigration Judge function previously performed by the former Immigration and Naturalization Service (INS) (now part of the Department of Homeland Security). Besides establishing EOIR as a separate agency within DOJ, this reorganization made the Immigration Courts independent of INS, the agency charged with enforcement of Federal immigration laws. The Office of the Chief Administrative Hearing Officer (OCAHO) was added in 1987. In 2013, EOIR observed its 30th anniversary.

EOIR is also separate from the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the DOJ Civil Rights Division and the Office of Immigration Litigation in the DOJ Civil Division.

As an office within the Department of Justice, EOIR is headed by a Director who reports directly to the Deputy Attorney General. Its headquarters are located in Falls Church, Virginia, about 10 miles from downtown Washington, DC.

New York City Law Creates Loophole To Avoid Deporting Criminal Illegal Immigrants

A New York City law that reclassifies several low-level offenses as non-criminal went into effect Tuesday, allowing citizen offenders to keep clean records and illegal immigrant offenders to potentially avoid deportation.

The law, passed by the city council and signed by Mayor Bill de Blasio in 2016, allows police to classify trial summonses for petty crimes as civil summonses, rather than criminal summonses. The change would affect crimes including public urination and drinking and staying in the park after dark, DNA Info reports. The change critically affects the impact of an executive order from President Donald Trump this spring ordering the deportation of illegal immigrants convicted of crimes.

Under the new law, illegal immigrants convicted of these crimes would receive a civil rather than criminal summons, which frees local law enforcement from the obligation of reporting the offender’s immigration status to Immigration and Customs Enforcement (ICE).

The law would affect cases such as Alejandro Luna, a former gang member and an illegal immigrant caught in central park after dark June 5 who now faces deportation. This would be Luna’s second deportation, the first came in 2006 after he was convicted of home-invasion and robbery. He then illegally entered the country again only to be detained on the June 5 park offense. More here.

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***

Illegals presently have access to government funded healthcare. However:

The ‘Verify First Act’ by Rep. Lou Barletta (R-PA) would subsequently end American taxpayer-funded money going to illegal aliens in the form of healthcare insurance credits. The plan is being supported by NumbersUSA, a group which has staunchly advocated for Trump’s America First agenda.

“We applaud Rep. Lou Barletta for introducing the Verify First Act to ensure that illegal aliens cannot qualify for taxpayer-funded health insurance credits,” NumbersUSA Peter Robbio said in a statement. “We are grateful that the Ways and Means Committee and House Republican Leadership agreed to move this important bill forward.”

Since Obamacare’s enactment, illegal immigrants received more than $700 million in healthcare insurance credits by 2015, according to the Senate Committee on Homeland Security and Governmental Affairs.

In Barletta’s plan, healthcare insurance recipients through the American Health Care Act (AHCA) would have their citizenship and immigration statuses verified by the Social Security Administration (SSA) and the Department of Homeland Security (DHS). More here.

***

In part: Traditional sanctuary policies are often described as falling under one of three categories. First, so-called “don’t enforce” policies generally bar the state or local police from assisting federal immigration authorities. Second, “don’t ask” policies generally bar certain state or local officials from inquiring into a person’s immigration status. Third, “don’t tell” policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities.

State or local measures limiting police participation in immigration enforcement are not a recent phenomenon. Indeed, many of the recent “sanctuary”-type initiatives can be traced back to

activities carried out by churches that provided refuge—or “sanctuary”—to unauthorized Central American aliens fleeing civil unrest in the 1980s.13 A number of states and municipalities issued declarations in support of these churches’ actions.14 Others went further and enacted more substantive measures intended to limit police involvement in federal immigration enforcement activities.15 These measures have included, among other things, restricting state and local police from arresting persons for immigration violations, limiting the sharing of immigration-related information with federal authorities, and barring police from questioning a person about his or her immigration status.16

Still, there is no official definition of a “sanctuary” jurisdiction in federal statute or regulation.17 Broadly speaking, sanctuary jurisdictions are commonly understood to be those that have laws or policies designed to substantially limit involvement in federal immigration enforcement activities,18 though there is not necessarily a consensus as to the meaning of this term.19 Some jurisdictions have self-identified as sanctuary cities.

The federal government’s power to regulate immigration is both substantial and exclusive.23 This authority is derived from multiple sources, including Congress’s Article I powers to “establish a uniform Rule of Naturalization” and “regulate commerce with foreign nations, and among the several states,”24 as well as the federal government’s “inherent power as a sovereign to conduct relations with foreign nations.”

The Supreme Court’s 2012 ruling in Arizona v. United States—which invalidated several Arizona laws designed “to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States”28 as preempted by federal law—reinforced the federal government’s pervasive role in creating and enforcing the nation’s immigration laws.29 “The Government of the United States,” the Court said, “has broad, undoubted power over the subject of immigration and the status of aliens.”30

Yet despite the federal government’s sweeping authority over immigration, the Supreme Court has cautioned that not “every state enactment which in any way deals with aliens is a regulation of immigration and thus per se preempted” by the federal government’s exclusive power over immigration.39 Accordingly, in Arizona the Supreme Court reiterated that, “[i]n preemption analysis, courts should assume that the historic police powers of the States are not superseded unless that was the clear and manifest purpose of Congress.”40 For example, in Chamber of Commerce of the U.S. v. Whiting, the Supreme Court upheld an Arizona law—related to the states’ “broad authority under their police powers to regulate the employment relationship to protect workers within the State”41—that authorized the revocation of licenses held by state employers that knowingly or intentionally employ unauthorized aliens.42 Even though the Immigration Reform and Control Act of 1986 (IRCA) expressly preempted “any State or local law imposing civil or criminal sanctions … upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens,” the Supreme Court concluded that Arizona’s law fit within IRCA’s savings clause for state licensing regimes and thus was not preempted.43

Accordingly, based on current jurisprudence, federal measures that impose direct requirements on state or municipal authorities appear most likely to withstand an anti-commandeering challenge if they (1) are not directed at a state’s regulation of the activities of private parties; and (2) apply to the activities of private parties as well as government actors.

Finally, Congress does not violate the Tenth Amendment when it uses its broad authority to enact legislation for the “general welfare” through its spending power,62 including by placing

conditions on funds distributed to the states that require those accepting the funds to take certain actions that Congress otherwise could not directly compel the states to perform.63 However, Congress cannot impose a financial condition that is “so coercive as to pass the point at which ‘pressure turns into compulsion.’”64 For example, in National Federation of Independent Business v. Sebelius, the Supreme Court struck down a provision of the Patient Protection and Affordable Care Act of 2010 (ACA) that purported to withhold Medicaid funding to states that did not expand their Medicaid programs.65 The Court found that the financial conditions placed on the states in the ACA (withholding all federal Medicaid funding, which, according to the Court, typically totals about 20% of a state’s entire budget) were akin to “a gun to the head” and thus unlawfully coercive.66

violations of federal immigration law may be criminal or civil in nature, with alien removal understood to be a civil proceeding.71 Some immigration-related conduct potentially constitutes a removable offense and also may be subject to criminal sanction. For example, an alien who knowingly enters the United States without authorization is not only potentially subject to removal,72 but could also be charged with the criminal offense of unlawful entry.73 Other violations of the INA are exclusively criminal or civil in nature. Notably, an alien’s unauthorized immigration status makes him or her removable, but absent additional factors (e.g., having reentered the United States after being formally removed),74 unlawful presence on its own is not a criminal offense.

Some jurisdictions have adopted measures that restrict or bar police officers from making arrests for violations of federal immigration law. In some jurisdictions restrictions prohibit police from detaining or arresting aliens for civil violations of federal immigration law, like unlawful presence.75 Other jurisdictions prohibit police from making arrests for some criminal violations of federal immigration law, like unlawful entry.76 Still others prohibit assisting federal immigration authorities with investigating or arresting persons for civil or criminal violations of U.S. immigration laws.77 And some other jurisdictions have prohibitions that are broader in scope, such as a general statement that immigration enforcement is the province of federal immigration authorities, rather than that of local law enforcement.

Some states and localities have restricted government agencies or employees from sharing information with federal immigration authorities, primarily to prevent federal authorities from using the information to identify and apprehend unlawfully present aliens for removal.88 For instance, some jurisdictions prohibit law enforcement from notifying federal immigration authorities about the release status of incarcerated aliens, unless the alien has been convicted of certain felonies.89 Similarly, other jurisdictions prohibit their employees from disclosing information about an individual’s immigration status unless the alien is suspected of engaging in illegal activity that is separate from unlawful immigration status.90 Some jurisdictions restrict disclosing information except as required by federal law91—sometimes referred to as a “savings clause”—although it appears that the Department of Justice has interpreted those provisions as conflicting with federal information-sharing provisions. For the full summary and context with access to footnotes, go here.

Kislyak’s Party, Sanctions and 39 U.S. States

Yup, it IS Russia, Russia, Russia. Why because Putin’s playbook is working and so many in America are useful dupes and unwitting accomplices. Does that include you?

Well it does include U.S. diplomats attending a party hosted by Russian Ambassador Sergei Kislyak for the sake of photos and social media. Were you there Monday night? It was a propaganda operation that included Russian intelligence officials as well.

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Embattled Russian diplomat Sergey Kislyak played host to Washington insiders and diplomats at the Russian Embassy Monday night, greeting guests one-by-one in a long receiving line at the embassy in honor of Russia Day. Attendees were encouraged to pose for photos with signs that said “I love Russia” and post them on Facebook, Instagram and other social networks.

The frayed U.S.-Russia relationship was clearly on the embassy’s mind as they handed out a pamphlet highlighting the two countries’ close relationship. On the cover: “As an American, I love Russia – friend of Washington and Lincoln.” At the top of the second page, there was this: “As an American, I love Russia because if not for Russia, there may not have been a United States of America.”

Meanwhile, many Senators came together in a bipartisan fashion for a major piece of legislation on sanctions against Russia.

The Senate has clinched a wide-ranging bipartisan agreement to slap new financial penalties on Russia and limit President Trump’s ability to lift sanctions without giving Congress a chance to weigh in.

“It’s as comprehensive as we could make it, and it’s going to be a very good piece of legislation,”

The agreement imposes new sanctions including “malicious cyber activity” on behalf of Moscow, individuals supplying weapons to Syrian President Bashar Assad’s government or individuals tied to Russia’s intelligence and defense sectors. More here.

So, how bad was this hacking/phishing scheme launched by Russia? Much wider than previously know. Some explain all this to Tucker Carlson.

Russian Cyber Hacks on U.S. Electoral System Far Wider Than Previously Known

Bloomberg: Russia’s cyberattack on the U.S. electoral system before Donald Trump’s election was far more widespread than has been publicly revealed, including incursions into voter databases and software systems in almost twice as many states as previously reported.

In Illinois, investigators found evidence that cyber intruders tried to delete or alter voter data. The hackers accessed software designed to be used by poll workers on Election Day, and in at least one state accessed a campaign finance database. Details of the wave of attacks, in the summer and fall of 2016, were provided by three people with direct knowledge of the U.S. investigation into the matter. In all, the Russian hackers hit systems in a total of 39 states, one of them said.

The scope and sophistication so concerned Obama administration officials that they took an unprecedented step — complaining directly to Moscow over a modern-day “red phone.” In October, two of the people said, the White House contacted the Kremlin on the back channel to offer detailed documents of what it said was Russia’s role in election meddling and to warn that the attacks risked setting off a broader conflict.

The new details, buttressed by a classified National Security Agency document recently disclosed by the Intercept, show the scope of alleged hacking that federal investigators are scrutinizing as they look into whether Trump campaign officials may have colluded in the efforts. But they also paint a worrisome picture for future elections: The newest portrayal of potentially deep vulnerabilities in the U.S.’s patchwork of voting technologies comes less than a week after former FBI Director James Comey warned Congress that Moscow isn’t done meddling.

“They’re coming after America,” Comey told the Senate Intelligence Committee investigating Russian interference in the election. “They will be back.”

A spokeswoman for the Federal Bureau of Investigation in Washington declined to comment on the agency’s probe.

Kremlin Denials

Russian officials have publicly denied any role in cyber attacks connected to the U.S. elections, including a massive “spear phishing” effort that compromised Hillary Clinton’s campaign and the Democratic National Committee, among hundreds of other groups. President Vladimir Putin said in recent comments to reporters that criminals inside the country could have been involved without having been sanctioned by the Russian government.

One of the mysteries about the 2016 presidential  election is why Russian intelligence, after gaining access to state and local systems, didn’t try to disrupt the vote. One possibility is that the American warning was effective. Another former senior U.S. official, who asked for anonymity to discuss the classified U.S. probe into pre-election hacking, said a more likely explanation is that several months of hacking failed to give the attackers the access they needed to master America’s disparate voting systems spread across more than 7,000 local jurisdictions.

***

Such operations need not change votes to be effective. In fact, the Obama administration believed that the Russians were possibly preparing to delete voter registration information or slow vote tallying in order to undermine confidence in the election. That effort went far beyond the carefully timed release of private communications by individuals and parties.

One former senior U.S. official expressed concern that the Russians now have three years to build on their knowledge of U.S. voting systems before the next presidential election, and there is every reason to believe they will use what they have learned in future attacks.

Secure Channel

As the first test of a communication system designed to de-escalate cyber conflict between the two countries, the cyber “red phone” — not a phone, in fact, but a secure messaging channel for sending urgent messages and documents — didn’t quite work as the White House had hoped. NBC News first reported that use of the red phone by the White House last December.

The White House provided evidence gathered on Russia’s hacking efforts and reasons why the U.S. considered it dangerously aggressive. Russia responded by asking for more information and providing assurances that it would look into the matter even as the hacking continued, according to the two people familiar with the response.

“Last year, as we detected intrusions into websites managed by election officials around the country, the administration worked relentlessly to protect our election infrastructure,” said Eric Schultz, a spokesman for former President Barack Obama. “Given that our election systems are so decentralized, that effort meant working with Democratic and Republican election administrators from all across the country to bolster their cyber defenses.”

Illinois Database

Illinois, which was among the states that gave the FBI and the Department of Homeland Security almost full access to investigate its systems, provides a window into the hackers’ successes and failures.

In early July 2016, a contractor who works two or three days a week at the state board of elections detected unauthorized data leaving the network, according to Ken Menzel, general counsel for the Illinois board of elections. The hackers had gained access to the state’s voter database, which contained information such as names, dates of birth, genders, driver’s licenses and partial Social Security numbers on 15 million people, half of whom were active voters. As many as 90,000 records were ultimately compromised.

But even if the entire database had been deleted, it might not have affected the election, according to Menzel. Counties upload records to the state, not the other way around, and no data moves from the database back to the counties, which run the elections. The hackers had no way of knowing that when they attacked the state database, Menzel said.

The state does, however, process online voter registration applications that are sent to the counties for approval, Menzel said. When voters are added to the county rolls, that information is then sent back to the state and added to the central database. This process, which is common across states, does present an opportunity for attackers to manipulate records at their inception.

Patient Zero

Illinois became Patient Zero in the government’s probe, eventually leading investigators to a hacking pandemic that touched four out of every five U.S. states.

Using evidence from the Illinois computer banks, federal agents were able to develop digital “signatures” — among them, Internet Protocol addresses used by the attackers — to spot the hackers at work.

The signatures were then sent through Homeland Security alerts and other means to every state. Thirty-seven states reported finding traces of the hackers in various systems, according to one of the people familiar with the probe. In two others — Florida and California — those traces were found in systems run by a private contractor managing critical election systems.

(An NSA document reportedly leaked by  Reality Winner, the 25-year-old government contract worker arrested last week, identifies the Florida contractor as VR Systems, which makes an electronic voter identification system used by poll workers.)

In Illinois, investigators also found evidence that the hackers tried but failed to alter or delete some information in the database, an attempt that wasn’t previously reported. That suggested more than a mere spying mission and potentially a test run for a disruptive attack, according to the people familiar with the continuing U.S. counterintelligence inquiry.

States’ Response

That idea would obsess the Obama White House throughout the summer and fall of 2016, outweighing worries over the DNC hack and private Democratic campaign emails given to

Wikileaks and other outlets, according to one of the people familiar with those conversations. The Homeland Security Department dispatched special teams to help states strengthen their cyber defenses, and some states hired private security companies to augment those efforts.

In many states, the extent of the Russian infiltration remains unclear. The federal government had no direct authority over state election systems, and some states offered limited cooperation. When then-DHS Secretary Jeh Johnson said last August that the department wanted to declare the systems as national critical infrastructure — a designation that gives the federal government broader powers to intervene — Republicans balked. Only after the election did the two sides eventually reach a deal to make the designation.

Relations with Russia remain strained. The cyber red phone was announced in 2011 as a provision in the countries’ Nuclear Risk Reduction Centers to allow urgent communication to defuse a possible cyber conflict. In 2008, what started during the Cold War as a teletype messaging system became a secure system for transferring messages and documents over fiber-optic lines.

After the Obama administration transmitted its documents and Russia asked for more information, the hackers’ work continued. According to the leaked NSA document, hackers working for Russian military intelligence were trying to take over the computers of 122 local election officials just days before the Nov. 8 election.

While some inside the Obama administration pressed at the time to make the full scope of the Russian activity public, the White House was ultimately unwilling to risk public confidence in the election’s integrity, people familiar with those discussions said.

 

 

 

 

 

 

Govt in Healthcare Causing Critical Doctor Shortage

Affording medical school, impossible, paying back college loans, impossible, paying all the administrative/paperwork labor costs in practice, impossible, relying on prompt payments from government on Medicare, impossible, care by government compliance standards, impossible.

Burnout = Probable

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Blame Obamacare and Congress for the coming drought of doctors

When you go to the Internet or phone book today, there are hundreds of physicians listed in most urban areas. But in the next two decades, you can expect more difficulty finding a physician in your hometown — a major physician shortage is looming, thanks to Obamacare and Congress.

In the last year, I have seen many mid-career physicians leaving the practice of medicine. While the growth of mid-level hospital administrators has ballooned by nearly 3,000 percent in the last 30 years, fewer students are entering medical school. In fact, according to Compdata surveys, hospital administrators now account for a large proportion of the costs of healthcare.

The pending physician shortage will affect both primary care as well as numerous essential subspecialties. When I was in medical school, I was told that specialists, such as cardiologists, would be in abundance and I would not be able to get a job. My classmates and I were pushed towards jobs in primary care.

However, many of us chose to pursue our passions — for me, it was cardiovascular medicine. I have been a practicing cardiologist for almost 17 years now — I never had any issue with finding a job in my chosen field.

Based on a new report from the Association of American Medical Colleges, it is expected that we will see a shortfall of nearly 100,000 doctors by the year 2030. A closer look at the predictions show that we will have a shortage of 40,000 primary care physicians, as well as a shortage of nearly 60,000 physicians in specialties such as allergy and immunology, cardiology, gastroenterology, and infectious disease. In general surgery, the report predicts that there will be 30,000 fewer surgeons than are needed to provide care to those who need it.

Why Are Doctors Leaving Medicine?

A 2016 report from the Physicians Foundation found an alarming growth in burnout and dissatisfaction among practicing physicians — 47 percent of respondents in the survey indicated plans to “accelerate” their retirement and move into areas outside of clinical medicine.

The most common reason for leaving medicine included regulatory burdens and electronic health records. Nearly 63 percent indicated that they have negative feelings about the future of healthcare and only half of all physicians would actually recommend a career in medicine to their children. Many of my colleagues feel they have no voice and have no way to impact healthcare policy — even in their own institution.

As regulatory requirements and non-clinical tasks continue to mount, physicians are finding themselves spending less and less time with patients. According to 2016 research from the Annals of Internal Medicine, most doctors only spend 25 percent of their day engaging with patients — the bulk of the time is spent on non-clinical electronic and regulatory paperwork. In fact, for every hour of direct patient contact, physicians have an additional 2 hours of electronic paperwork.

Most of this is due to either mandatory electronic medical record coding (to help the hospital systems bill at the maximal levels) or due to government-mandated documentation (such as asking about gun use during office visits — most of which has never shown a survival or outcome benefit).

What Is the Solution?

These statistics should be incredibly troubling for all Americans seeking healthcare. With access already an issue in the healthcare system for many and more reforms on the way, we must do more to entice bright young minds to medicine—and retain those that are currently delivering care to millions of patients.

While the AAMC argues that the answer to averting a shortage lies in creating more training spots and allowing advanced practice nurses and physician assistants to do the work of trained physicians, the real answer to the pending crisis lies in Washington.

Congress must act to save healthcare. Years of Obamacare and the resulting increase in regulations applied to physicians have begun to erode the very core of medical care — the doctor-patient relationship. Physicians are now tasked with checking boxes and filling out forms rather than bonding with patients.

Congress has spent the first 6 months of this year simply posturing and grandstanding about healthcare rather than actually working on meaningful reform. Once again, no real physician input into the creation of a workable healthcare reform bill has been sought by those in Washington (reminiscent of how Obamacare was created). Those in Congress must listen and act now:

1. Limit Meaningless Electronic Paperwork

Currently doctors spend far too much time with electronic medical records. Electronic records, while touted to be a patient safety tool, are nothing more than a way for hospitals and healthcare systems to ensure that they are billing patients at the highest levels — capturing all possible charges. Physicians are forced to click through myriad pathways in the record in order to document their care and work and all of these pathways are carefully designed to maximize billing codes. Most doctors take home two or more hours of electronic documentation nightly in order to keep up with patient care loads.

We must streamline paperwork and balance documentation with patient care. Doctors should not be billers and coders for the healthcare system.

2. Remove Hospital Administrators from the Care Equation

In some institutions, there are more mid-level managers than physicians. These executives are not physicians and are not trained in the practice of medicine. Their primary focus is to increase market share for the healthcare system and to “manage” healthcare professionals by creating algorithms of care and regulations. Administrators will claim that their activities will help with quality improvement and patient safety. However, most of these individuals are highly compensated and I am not aware of any data that suggests their activities have ever been shown to improve patient outcomes. For most physicians, administrators are a mechanism for increasing cost of care.

Physicians should be part of the decision-making process in any healthcare system and should have a voice — currently there are very few physicians in the C-suite.

3. Remove Barriers to Patient Care

Nothing frustrates doctors more than not being able to provide care to patients. We must make healthcare more accessible and provide physicians with the resources they need to efficiently provide high-quality affordable care. We must promote the use of telemedicine and digital tools to enhance the doctor-patient interaction.

We must allow physicians and patients to build long term relationships and facilitate and promote engagement. No longer can we allow networks and insurers to dictate which doctor a patient can see — “If you like your doctor, you can keep your doctor.”

4. No Longer Allow Insurance Companies to Dictate Care

As a practicing physician, I spend a great deal of time battling with insurance companies over appropriate care for my patients. I find myself spending hours each week on the phone with an insurance company bureaucrat arguing that a particular test or therapy is indicated (even though these are supported by clinical guidelines) rather than caring for patients. We must not allow insurers to dictate how highly-trained physicians should care for their patients.

Insurers must abide by the practice guidelines and indications for tests and procedures that have been approved by major national organizations, such as the American College of Cardiology, for example.

 

 

 

Global Dark Money in Condos of Secrecy

Federal money laundering cases generally take place within the context of a larger racketeering case governed by the RICO Act. Money laundering is typically only one aspect of a pattern of organized crime which may be nationwide or international. That being the case, money laundering is often the lesser offense in a pattern of crimes that can result in lifetime imprisonment.

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Money Laundering Quick Links & References

A few years ago, Peter Schweizer  wrote:

Throw Them All Out

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How politicians and their friends get rich off insider stock tips, land deals, and cronyism that would send the rest of us to prison.

(If you have not read the book, try it out. It lays the ground work not only for politicians but international civilians also use the same model by gaining diplomatic status of obscure countries with bribes)

Now for the rest of the story.

Federal money laundering laws are guided by the RICO Act and there are a handful of countries with criminals operating under shadow corporations that clean money via real estate investments. London, New York and Miami are the prime cities where billions are spent on luxury real estate and the actual owner is never known.

Money laundering has a wide range of criminals that include Mafia, drug cartel leaders, Russians, Cypriots, business owners and even Kazakhstanis.

Some investigative journalists have done a remarkable job at tracking this phenomenon and there was even a documentary produced in 2015. This condition is actually a global shadow economy that has an estimated value in the range of billions of dollars. The New York Times has somewhat of a collection of related cases that you may find interesting where even Malaysia is included.

The Miami Herald did a story in 2015 on how Miami is but one crown jewel for offshore dollars fueling the real estate boom there. Ever heard of Isaias 21 Property or Mateus 5 International Holding? No? You’re not supposed to know.

Miami has a long history of money laundering. Its financial institutions report more suspicious activity than any other major U.S. city besides New York City and Los Angeles, according to FinCen data. And a recent case of money laundering involving fancy condos and the violent Spanish drug gang Los Miami drew further scrutiny to South Florida.

Jack McCabe, an analyst who studies the booming local housing market, said it’s impossible to know how many homes are purchased with dirty money.

“But I think many people believe it could be a sizable portion of the new condominium market in Miami,” McCabe said. “Even though developers and real-estate professionals suspect many of these units are bought with illegal funds, they realize their projects may not be successful without that support.”

Much has been in the news recently about the Trump team and companies being involved with Russian officials and oligarchs. There is hard evidence and some cases have already been through the legal system. We certainly cannot dismiss Hillary and Bill Clinton when it comes to collusion with those inside the Kremlin either much less a handful of other countries through their foundations. It appears there is no ‘statute of limitations’ with regard to US Code law on RICO.

The Russians have been dirty for years and those inside the Russian Federation and oligarchs have been moving illicit millions to billions out of the home country. For example how about a certain prominent Russian as one of the named depositors is billionaire oligarch (and personal friend of Vladimir Putin) Gennady Timchenko, who was sanctioned by the United States in March 2014 for his role in providing “material or other support to” Russian government officials. (There’s a rumor that sometime in the 1990s, Putin and Timchenko, who holds Finnish citizenship, were arrested in Helsinki for drunk and disorderly conduct; a rap sheet is said to exist with the two men’s mug shots.)

Timchenko’s designation carried the blockbuster revelation that Gunvor, the Swiss commodities trader he co-founded, was itself a vehicle for Putin’s personal self-enrichment: “Putin has investments in Gunvor,” the U.S. Treasury notice stated, “and may have access to Gunvor funds.” Not long before the sanctions were announced, Timchenko, who is worth an estimated $14.1 billion, was said to have divested his stake in Gunvor. Then, in November 2014, it was announced that the U.S. Attorney’s Office for the Eastern District of New York, helped by the Justice Department, was investigating Timchenko for money laundering. In 2013, Reuters disclosed that Timchenko had hired lobby firm Patton Boggs to persuade the U.S. Export-Import Bank, the export credit agency of the U.S. government, to finance his purchase of up to 11 Gulfstream luxury jets—a deal that was eyebrow-raising at the time and is now rendered illegal by sanctions. The rest of the story is here regarding one well known bank HSBC.

Image result for money laundering  Interfima

So…back to the scandal that just wont go away, the Trump people and Russians. There are a handful of names that include Paul Manafort, Carter Page, Oleg Deripaska, Michael Cohen (Trump’s personal lawyer), Jared Kushner (Trump’s son-in-law) dealing with Vnesheconombank, Felix Sater and more.

Considering the work of the FBI, the DoJ and State’s Attorneys General, the work appears to have a beginning but no end for both Trump and Clinton. As an aside, we need to ask officials where the Clinton investigation is, it at all. But moving on. This summary is not meant to take any anti-Trump position at all, in fact, we need him to succeed for the sake of America’s future. This is meant to be somewhat of a public service with all the chatter and investigations.

If you want to know what members of congress know and what the FBI is doing, here is but one clue:

NEW YORK

The net is closing around a duo of fugitive oligarchs and their kin accused of laundering Kazakh money in posh U.S. real estate — including Trump Organization properties.

In a complicated case with potential implications for President Donald Trump’s business empire and associates of the real-estate-developer-turned-president, Switzerland has revealed it is considering an extradition request from Ukraine to hand over the son of a former Kazakh energy minister — and both men are facing money-laundering allegations in the United States and charges in Kazakhstan.

It’s the latest development in a saga that is reaching into Bayrock Group, an international real estate and investment company that paid the Trump Organization a license fee for the use of its name and an 18 percent ownership stake in the New York hotel and condo project.

The Khrapunov family is accused in U.S. lawsuits of “cleaning” illicit money through the purchase and quick resale of U.S. luxury properties, including daughter Elvira Kudryashova’s purchase of three Trump-branded condos in New York and a 9,000-square-foot Studio City mansion flipped in months to pop singer Bruno Mars for $6.5 million.

An investigation by McClatchy and reporting partners, involving interviews with officials representing legal matters against the accused in four countries, reveals:

▪ Ukraine has recently asked Switzerland to extradite Ilyas Khrapunov, son of former Kazakh Energy Minister Viktor Khrapunov, for alleged computer hacking.

▪ Ilyas Khrapunov and his wife secured unusual diplomatic posts representing the Central African Republic in Geneva, a move that helped provide them with a means of travel.

▪ Court documents tie Felix Sater — a Trump associate, Bayrock partner and twice-convicted Russian émigré — to some of the Khrapunovs’ transactions.

▪ Kazakh authorities asked the United States for information on Bayrock as part of the ongoing attempt to recover funds.

▪ A New York court decision may further reveal details about the Kazakh family’s financial flows into condos in the Trump SoHo building, developed and sold by Bayrock. Bank records include large transfers from a now-sanctioned Cyprus lender.

Federal lawsuits brought in Los Angeles by the city of Almaty and former business partners in New York are advancing against Ilyas and Viktor, who is also a former mayor of Almaty, Kazakhstan’s largest city. Both Khrapunovs and Ilyas’ father-in-law, Mukhtar Ablyazov — an uber-wealthy fugitive banker who owned BTA Bank until it was seized by regulators in 2009 — face criminal charges in Kazakhstan. Authorities allege $10 billion went missing from the bank, Kazakhstan’s third largest, and that Ablyazov moved out at least $4 billion.

The trio say they are the victims of political persecution by President Nursultan Nazarbayev, who has ruled oil-rich Kazakhstan since 1990. The country ranks in the bottom quarter on transparency measures, and Nazarbayev’s family is accused of stashing money in offshore companies.

The gathering legal drama is shining light on Trump business associate Bayrock Group, which involves Kazakh partners who helped develop the Trump SoHo building in New York and projects in Arizona and South Florida. This at a time when Donald Trump’s Russian and foreign ties are under greater scrutiny.

Crucial to Trump and his businesses — and the ability of lawyers to establish whether the Trump Organization had any knowledge of or benefit from any illegal money flows — is whether the United States or Switzerland hears the lawsuits against the Khrapunovs. If prosecutors convince a California court to hear the case, lawyers will have much greater ability to dig for evidence through a process known as discovery; Switzerland’s rules are far more restrictive.

Kudryashova
This New York City Department of Finance document shows Elvira Kudryashova as the manager of SoHo 3311 LLC, which bought a unit in the Trump SoHo building. She is the daughter of Viktor Khrapunov, a fugitive Kazakh politician facing money laundering charges abroad and two civil lawsuits in the United States.

TheUkrainian extradition request from March shows that Ilyas Khrapunov is sought there for allegedly orchestrating a computer hack of a law firm representing BTA Bank.

“The allegations against me are preposterous,” Ilyas Khrapunov said in an interview, dismissing as “political” the accusations that he used malware in an email to gain access to and publish contents from a hard drive.

The Swiss are weighing the matter.

“In the Khrapunov case, an international assistance procedure and a national procedure for money laundering are currently underway at the Geneva Public Prosecutor’s Office,” said Henri Della Casa, a spokesman, confirming two Swiss probes. “We are making no further comments.”

Ablyazov, who uses his Facebook page as a protest site, was arrested by French police disguised as gardeners outside his home in Cannes in 2013. He was freed last December after France dropped an extradition order, determining he could not receive a fair trial, and he remains there.

California connection

The net tightening began here. According to allegations in the California lawsuit, Viktor Khrapunov arranged for rigged auctions of state property during his term as mayor of Almaty from 1997 to 2004. He and his wife, Leila, allegedly purchased property at substantially below-market rates using shell companies they controlled, then sold off the properties for a profit estimated at $300 million.

Documents published by the self-described transparency group WikiLeaks show that Viktor Khrapunov was a kleptocracy concern for U.S. diplomats.

“Many observers are puzzled as to how Khrapunov, who is known to be quite corrupt . . . has managed to stay in government,” Kevin Milas, the U.S. embassy’s second in command, wrote back to agency headquarters in a Jan. 17, 2007, confidential memo about a political reshuffling.

The internal note cited an industrialist who had complained of being hit up for a bribe by Khrapunov.

The family fled to Switzerland in early 2008, where Ilyas already lived, seeking political asylum a few years later.

Viktor Khrapunov faced an Interpol detention request beginning in 2012, yet the family was able to buy the property in Los Angeles and the three Trump SoHo condos in New York. Ilyas Khrapunov was put under the same request in 2014.

The Khrapunovs say their fortune is clean and comes from family matriarch Leila, a businesswoman and TV anchor who became owner of Kazakhstan’s first private TV station.

“Switzerland has refused twice to extradite Viktor Khrapunov on the grounds that he would not have an equitable trial in Kazakhstan,” said Ilyas Khrapunov. “Switzerland proposed instead to have the trial delegated to them but Kazakhstan refused, fearing that the truth would come out.”

Friends in low places

The investigation by McClatchy and partners also found that Ilyas Khrapunov and his wife, Madina, Ablyazov’s daughter, were appointed to unusual diplomatic posts representing the Central African Republic at the U.N. Mission in Geneva.

A source tied to the Central African Republic, granted anonymity, said the couple had been appointed by former ruler Francois Bozizé before he was toppled and fled his troubled nation in 2013. Through a land acquisition the couple obtained dual citizenship in the Caribbean haven of St. Vincent and the Grenadines.

“Due to refusal of Kazakhstan to renew passports of the family, we were forced to apply through legal process to obtain secondary citizenships in order to exercise our rights to travel,” said Ilyas Khrapunov.

The diplomatic appointments and the recent extradition request are just chapters what’s been a complex, decade-long legal battle that is slowly providing more detail on Trump Organization associate Bayrock Group.

Trump’s associate

Bayrock is an international real estate and investment firm that worked with Trump on at least three known joint projects, and involves Kazakh businessmen.

Trump personally dealt with Bayrock, giving the developer a one-year exclusive right to build a Trump International Hotel and Tower in Moscow. In exchange he’d get a 20-25 percent stake in it.

“I am delighted at having the opportunity to partner with Bayrock Group LLC on yet another world-class development,” Trump wrote in a Jan. 1, 2005, letter to Tevfik Arif, a Kazakh partner of Bayrock, that was entered into evidence in a New Jersey lawsuit. “Moscow is one of the fastest growing cities in the world and offers the best location for a Signature Donald J. Trump development.”

At the time it entered the condo-branding deal with Trump, Bayrock was co-run by a twice-convicted Russian émigré and Trump associate named Felix Sater.

Court documents in New York involving the Khrapunovs tie Sater to multiple transactions by an investment firm in Luxembourg called Triadou SPV S.A., which invested in the United States and elsewhere. People close to the transactions, speaking privately because of ongoing businesses, say Sater had access to Trump and bragged about his Trump connections, even calling him “Mr T.”

In a 2013 videotaped deposition, Trump suggested he barely knew Sater.

“If he were sitting in the room right now, I really wouldn’t know what he looked like,” Trump said under oath as witness in a Florida lawsuit against Bayrock Group.

A prospectus shows Triadou was fully owned by SDG Capital S.A., a company on Lake Geneva that operates as Swiss Development Group, founded at the time the Khrapunovs fled to Switzerland. They say, in court documents, that it was sold in March 2013 to a Swiss businessman, who retained Ilyas Khrapunov through 2015.

Former Triadou Director Nicolas Bourg testified under oath last year that his company belonged to the Khrapunovs, who ordered him to sell assets and move money out of the United States after the California lawsuit was filed in 2014. The Khrapunovs say that is not true and that they’ve kept Swiss authorities informed of their purchases.

Bourg further testified that the Khrapunovs and Ablyazov co-mingled investments and used offshore shell companies to camouflage the purchase and sale of properties in the United States and elsewhere.

Another Triadou associate, New York developer Joseph Chetrit, settled with lawyers for the city of Almaty in 2015 and pledged to support their effort to recover what the city calls more than $300 million in stolen funds.

Sater was named in a lawsuit against a Triadou-owned company that was settled in December 2013. He is also being sued by one former Bayrock partner, Jody Kriss. And according to a recent story by The Wall Street Journal, Sater has issued veiled threats to dish on other Kazakhs because of a dispute he has over legal fees with another Bayrock partner of Kazakh origin, Tevfik Arif.

Arif gained international notoriety when he was arrested in 2010 while throwing what Turkish authorities called a lavish sex party on a luxury yacht involving teenage girls. The charges were later dropped.

Leila Khrapunov briefly did business with Arif and Bayrock in a joint venture called KazBay, which was going to invest in Kazakh natural resources but never got off the ground, in part because of revelations in a New York Times story in late 2007 that Bayrock’s Sater had a checkered past.

Kazakh authorities have alleged in their criminal case that Viktor Khrapunov’s stolen money was deposited at Eurasian Bank in Almaty and then transferred to Switzerland. That bank is owned by Alexander Mashkevich, a strategic partner in Bayrock and someone who, according to a report by McClatchy last month, is linked in sealed British court documents to organized crime groups. Mashkevich is not named in the U.S. lawsuits against Khrapunov, and the Khrapunovs banked with several lenders.

U.S. vs. Switzerland

The battle over which court should hear the high-stakes California lawsuit could determine whether the plaintiff’s lawyers establish any involvement in alleged money laundering by Trump associates.

I am convinced that Switzerland could become a model for countries that have recently embarked on the path of democracy.

Viktor Khrapunov on his website

“Switzerland is a perfectly adequate venue for my client,” said John Kenney, Khrapunov’s legal counsel in New York with the firm Hoguet Newman Regal & Kenney.

A federal court in California agreed in July 2015, but that decision was overturned this past March 30 on appeal by lawyers for the city of Almaty, allowing the case in Los Angeles to proceed.

“The city of Almaty is confident that when the court reviews the evidence, it will find that Viktor Khrapunov unjustly enriched himself to the tune of hundreds of millions of dollars by abusing his position as mayor, and with the assistance of his son Ilyas and others, laundered it throughout the world,” said Matthew L. Schwartz, a lawyer with Boies, Schiller & Flexner, which is representing Almaty in the New York case.

The Khrapunovs have until later in June to decide whether to appeal, but for more than two years they’ve avoided sitting for depositions in the U.S. cases.

“The defendants have sought to delay the case at every turn,” said David Schindler, a lawyer who represents Almaty in the California case. “Nevertheless our client remains committed to holding the Khrapunovs accountable for the money they stole from the people of Almaty.”

Trump’s licensing deals on properties typically involved payment of a fee for the use of his name and a Trump property management firm on-site, and Trump often got a small percentage from the first-time sales of condos too.

Depositions could shed light on whether and how the Trump Organization, through Bayrock Group and its Kazakh investors, benefited in any flow of illicit money.

One court document in a related British case shows Kazakh authorities filed a legal assistance request in 2013 to the U.S. government seeking details on the corporate structure of 15 companies it said were tied to the Khrapunovs, including Bayrock Group Inc. and Bayrock Group LLC.

Thus far, Ilyas Khrapunov has resisted providing evidence, but we look forward to the opportunity to question him about his role in his family’s crimes.

Matthew Schwartz, lawyer for the city of Almaty

The Financial Times reported last October that it had seen documents showing Sater had worked closely with Elvira Kudryashova in 2012, a year before she signed the documents for the three Trump SoHo condos. Kudryashova and Ilyas Khrapunov bought the condos so they could vacation in New York, with the properties offered as hotel rooms when they were not there.

Condos in the Trump SoHo building were developed and sold by Bayrock, which also vetted buyers.

Alan Garten, executive vice president and chief legal officer of the Trump Organization said it “was not responsible for the sale of units at Trump SoHo.”

The condos were bought by three companies that were registered in April 2013 within days of each other with the New York Division of Corporations: Soho 3310 LLC, Soho 3311 LLC and Soho 3203 LLC. They were dissolved the following year after the properties sold.

Court records show Kudryashova transferred a total of $3.1 million from a Wells Fargo account for the condo purchases. Bank documents also show her receiving large sums from an offshore company that used the Cyprus lender Federal Bank of the Middle East, which was headquartered in Tanzania. The Treasury Department blacklisted that bank as a “Primary Money Laundering Concern” on July 22, 2014.

A New York court decision in early May granted Almaty access to certain Khrapunovs-related bank transfers from abroad, and that could provide more details about the flow of their money into luxury properties that were held for short periods.

These sorts of purchases led the U.S. Treasury Department last year to begin a project to identify the true owners of shell companies that held luxury real estate in Miami and New York. It was later expanded to large cities in California and Texas.

Sen. Ron Wyden of Oregon, the top Democrat on the Senate Finance Committee, cautioned that “these efforts have a long way to go before the federal government has the tools it needs to stop money laundering through shady real estate deals and anonymous shell companies.”

CORRECTION: An earlier version of this article gave the wrong law firm for John Kenney, who is with Hoguet Newman Regal & Kenney.

This story involved collaboration between McClatchy and the Organized Crime and Corruption Reporting Project, a global journalism network that investigates transnational corruption.

Paluch is a special correspondent.