January 25, 2022

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Former charter school official sent to prison

19 min read
A 65-year-old Missouri City man has been ordered to federal prison for conspiracy to commit mail fraud

Read full article at: https://www.justice.gov December 1, 2021
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  • Overseas Contingency Operations: Alternatives Identified to the Approach to Fund War- Related Activities
    In U.S GAO News
    What GAO Found Selected Department of Defense (DOD) components use coding and other internal control activities to separately account for overseas contingency operations (OCO) and base amounts in their operation and maintenance (O&M) accounts during budget execution. To record and track OCO and base amounts separately, the military services, U.S. Special Operations Command, and the Defense Security Cooperation Agency use coding in their financial systems. These DOD components also have instituted some internal control activities to help ensure separation of OCO amounts. For example, Army and Defense Security Cooperation Agency officials stated that the financial systems they use incorporate system controls that automatically maintain the categories of funding, such as OCO, designated during allotment through subsequent actions to ensure the OCO coding remains throughout budget execution. GAO identified at least four alternatives to the processes used to separate funding for DOD's OCO and base activities: Move enduring costs to the base budget. DOD could request funding for enduring costs—costs that would continue in the absence of contingency operations—through its base budget rather than its OCO budget. Use specific purpose language. Congress could use legally binding language in the annual DOD appropriations acts to specify the purposes—programs, projects and activities—for which OCO amounts may be obligated. Create separate appropriation accounts. Congress could create separate appropriation accounts for OCO and base funding. Use a transfer account. Congress could appropriate funds for OCO into a non-expiring transfer account. DOD would fund OCO with its base budget and later reimburse its base accounts using funds from a transfer account. Implementing these alternatives would require Congress and DOD to take action in different phases of the budget process (see figure). Alternatives for Funding for DOD's OCO and Base Activities in Phases of the Budget Process Each alternative includes tradeoffs that Congress and DOD would have to consider to strike the desired balance between agency flexibility and congressional control. The alternatives, and GAO's summary of their positive and negative aspects identified by questionnaire respondents, could be a reference for Congress and DOD as they consider potential changes to processes for separating the funding of amounts for OCO and base activities. Why GAO Did This Study Since 2001, DOD has received more than $1.8 trillion in OCO funds. DOD defines “contingency operations” as small, medium, or large-scale military operations, while “base” activities include operating support for installations, civilian pay, and other costs that would be incurred, regardless of contingency operations. Congress separately appropriates amounts for base and OCO activities into the same appropriation accounts and directs how funds are to be spent by designating amounts in conference reports or explanatory statements accompanying the annual appropriations acts. The National Defense Authorization Act for Fiscal Year 2018 included a provision for GAO to report on the feasibility of separating OCO expenditures from other DOD expenditures. This report (1) describes internal controls that selected DOD components use to separately account for OCO and base amounts during budget execution and (2) identifies and examines alternatives that Congress or DOD could use to separate funding for OCO and base activities. GAO reviewed documentation of DOD internal controls for separating OCO and base amounts in the O&M account, interviewed financial management officials, and, among other things, conducted a literature review to identify alternatives that Congress or DOD could use to separate funding for OCO and base activities. Also, GAO administered a questionnaire to DOD and non-DOD officials to identify positive and negative aspects of these alternatives. For more information, contact Elizabeth Field at (202) 512-2775 or fielde1@gao.gov.
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  • Bankruptcy: Enhanced Authority Could Strengthen Oversight of Executive Bonuses Awarded Before a Bankruptcy Filing
    In U.S GAO News
    What GAO Found Chapter 11 bankruptcy allows a company (debtor) to restructure its debt—so that it may continue to operate—and generally retain its executives. Section 503(c) of the Bankruptcy Code (Code) restricts retention bonuses for executives and, to a lesser extent, executive and non-executive incentive bonuses during bankruptcy. For instance, to pay an executive a retention bonus, the Code requires the debtor to meet three requirements, including that the executive has another job offer at the same or greater compensation. Also, debtors must obtain court approval to pay employee bonuses during bankruptcy—a process that gives creditors an opportunity to raise objections. However, the Code generally does not govern executive retention bonuses paid before a bankruptcy filing (pre-bankruptcy bonuses). Academics and attorneys GAO interviewed largely viewed Section 503(c) as less-than-effective because debtors can work around its restrictions on executive retention bonuses both before and during bankruptcy. For example, debtors can pay retention bonuses before filing (when there are generally no restrictions), or they can pay incentive bonuses during bankruptcy (that have fewer restrictions). Some stakeholders viewed Section 503(c) as overly restrictive, but others viewed it as helping to prevent abusive bonuses. Nearly all stakeholders GAO interviewed viewed pre-bankruptcy bonuses as problematic. For example, they said that these bonuses reduce the debtor estate's value for creditors but are awarded without notice to creditors or court approval. Based on court dockets for the approximately 7,300 companies that filed for Chapter 11 bankruptcy in fiscal year 2020, GAO found the following: Less than 1 percent (70) of debtors requested court approval to pay employee bonuses, and the courts approved nearly all the requests. Debtors awarded around $571 million to more than 16,600 executive and non-executive employees through court-approved bonuses. Creditors or U.S. Trustees (who administer and monitor Chapter 11 cases) raised objections in 50 percent of all bonus requests, including 68 percent of executive incentive bonus requests, which frequently led debtors to modify their plans (for example, by lowering bonus amounts). None of the debtors requested court approval for executive retention bonuses during bankruptcy; 42 debtors awarded pre-bankruptcy retention bonuses—totaling about $165 million—from 5 months to 2 days before filing. According to some attorneys GAO interviewed, Section 503(c) makes it nearly impossible to award executives retention bonuses during bankruptcy, so debtors use pre-bankruptcy bonuses as a workaround. As noted above, GAO found that none of the 7,300 Chapter 11 debtors that filed in fiscal year 2020 requested executive retention bonuses during bankruptcy but 42 awarded such bonuses shortly before filing. This practice may undermine Section 503(c)'s restrictions and decrease the ability of creditors, U.S. Trustees, and the courts to prevent bonuses that are inconsistent with the section's requirements. Why GAO Did This Study In response to potential abuses involving executive bonuses, Congress amended the Code in 2005 to restrict debtors in Chapter 11 from paying executives retention bonuses for staying through bankruptcy and, to a lesser extent, incentive bonuses to achieve performance targets. Recently, some large companies have paid their executives considerable bonuses during bankruptcy. House Report 116-455 included a provision for GAO to review Code provisions on bonuses and a selected number and amount of court-requested and approved bonuses in fiscal year 2020. This report reviews (1) Bankruptcy Code provisions on employee bonuses, (2) selected stakeholder views on such provisions, and (3) employee bonuses awarded by companies before or after filing for bankruptcy in fiscal year 2020. GAO reviewed the Code, academic literature, and legal analyses; interviewed 12 academics, attorneys, and an organization selected for their bankruptcy expertise; and analyzed bankruptcy filings and related data using Westlaw Edge and other sources.
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  • Sécurité Sanitaire Mondiale: Financements, activités et évaluations de l’USAID et des CDC relatifs aux capacités des pays à faire face aux menaces des maladies infectieuses avant l’apparition du COVID-19
    In U.S GAO News
    This is the French language highlights associated with GAO-21-359. Constats du GAO Au 31 mars 2020, l’Agence des États-Unis pour le développement international (USAID) et les Centres des États-Unis pour le contrôle et la prévention des maladies (CDC) ensemble avaient alloué un total de plus de 1,2 milliard de dollars et avaient décaissé environ 1 milliard pour financer des activités de sécurité sanitaire mondiale (global health security - GHS), sur des fonds affectés durant les années fiscales 2015 à 2019. L’USAID et les CDC ont soutenu des activités de renforcement des capacités des pays dans 11 domaines techniques en rapport avec la lutte contre les maladies infectieuses. Les fonds engagés ont soutenu des activités de GHS dans pas moins de 34 pays, dont 25 étaient partenaires du Programme d’action pour la sécurité sanitaire mondiale (Global Health Security Agenda - GHSA). Activités soutenues par les États-Unis en Éthiopie pour renforcer la sécurité sanitaire mondiale Les évaluations de responsables officiels des États-Unis portant sur les capacités de 17 pays partenaires du GHSA à faire face aux menaces des maladies infectieuses révèlent qu’à la fin de l’année fiscale 2019, la plupart de ces pays avaient des capacités dans chacun des 11 domaines techniques retenus mais connaissaient diverses difficultés. Les équipes-pays interinstitutionnelles américaines réalisent des évaluations de capacités bisannuelles dont le personnel du siège de l’USAID et des CDC se sert pour assurer un suivi des progrès des pays. Selon les évaluations de l’année fiscale 2019, 14 pays avaient développé ou démontré des capacités dans la plupart des domaines techniques. Les rapports ont démontré par ailleurs que la plupart des capacités de ces pays étaient restées stables ou avaient augmenté par rapport à 2016 et 2017. C’est dans le domaine technique de la résistance aux antimicrobiens qu’ont été enregistrées les plus fortes augmentations de capacités, par exemple dans la mise en place de systèmes de surveillance. Dans son analyse des rapports, le GAO a constaté que les difficultés les plus fréquentes en matière de renforcement des capacités de GHS étaient les faiblesses des institutions de l’État et le manque de ressources et de capital humain. Selon des responsables officiels, certaines de ces difficultés peuvent être résolues par plus de financement, d’assistance technique ou d’efforts diplomatiques des États-Unis, mais beaucoup d’autres restent en dehors du control du gouvernement des États-Unis. Ceci est une version publique d’un rapport confidentiel émis par le GAO en février 2021; les informations jugées sensibles par l’USAID et les CDC en ont été omises. Pourquoi cette étude du GAO La survenue de la maladie à coronavirus (COVID-19) en décembre 2019 a démontré que les maladies infectieuses peuvent causer des pertes de vie catastrophiques et infliger des dommages durables à l’économie mondiale. L’USAID et les CDC dirigent les efforts déployés par les États-Unis pour renforcer la sécurité sanitaire mondiale, à savoir la capacité mondiale à se préparer à lutter contre les maladies infectieuses, à les détecter et à y riposter, ainsi qu’à réduire ou à prévenir leur propagation sur le plan international. Ces efforts comprennent des activités liées au GHSA, qui vise à accélérer l’obtention de progrès en matière de respect des règlements et autres accords mondiaux relatifs à la santé. Le rapport 114-693 de la Chambre des représentants prévoyait un examen, par le Government Accountability Office (GAO), de l’emploi des fonds de GHS. Dans ce rapport, le GAO examine, pour les 5 années fiscales précédant le début de la pandémie de COVID-19 : 1) l’état des financements et des activités de l’USAID et des CDC relatifs à la GHS et 2) des évaluations d’organismes des États -Unis, réalisées à la fin de l’année fiscale 2019, portant sur les capacités des pays partenaires du GHSA à faire face aux menaces des maladies infectieuses et sur les difficultés que ces pays ont dû relever pour renforcer leurs capacités. Le GAO a analysé des documents d’organismes des États-Unis et d’organismes internationaux. Le GAO a aussi interviewé des responsables officiels à Washington et à Atlanta (Géorgie) ainsi qu’en Ethiopie, en Indonésie, au Sénégal et au Viet Nam. Le GAO a choisi ces pays sur la base de critères tels que la présence de personnel de multiples organismes des États-Unis. Le GAO a également analysé des évaluations interinstitutionnelles des capacités des pays à faire face aux menaces des maladies infectieuses durant l’année fiscale 2019 et les a comparées aux données de référence de 2016 et 2017. Pour plus d’informations, s’adresser à David Gootnick au (202) 512-3149 ou à gootnickd@gao.gov.
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  • Southwest Border: Schedule Considerations Drove Army Corps of Engineers’ Approaches to Awarding Construction Contracts through 2020
    In U.S GAO News
    Why This Matters Following a 2019 Presidential Declaration of National Emergency, billions of dollars were made available for the U.S. Army Corps of Engineers' use on border barrier construction. This report provides information on the Corps' contracting for border barriers during fiscal years 2018–2020. Key Takeaways Some Department of Defense funding was only available for a short time before expiring, giving the Corps a tight schedule for awarding contracts. This—and the emergency declaration—led the Corps to depart from its planned acquisition approach. The Corps focused on starting construction quickly and maximizing the miles of border barrier panels it could build. To do so, it: Awarded $4.3 billion in noncompetitive contracts. Competition helps ensure the government gets a good price. Started work before agreeing to terms. The Corps awarded several contracts before terms, such as barrier specifications and cost, were finalized. By focusing on expediency in contracting, the government risks paying higher costs. Contractors completed most DOD-funded border barrier panels by the end of December 2020 as scheduled. A January 2021 Presidential Proclamation paused border barrier construction to the extent permitted by law, and called for a review. In March 2021, DOD officials said they gave input to the Office of Management and Budget, and OMB will present a plan to the President. The Corps has not developed plans to examine its overall acquisition approach and identify lessons learned. Without doing so, the Corps could miss opportunities to strengthen its contracting strategies in future border support efforts. Border Barrier Obligations, Fiscal Years 2018–2020 How GAO Did This Study We reviewed all of the border barrier construction contracts the Corps awarded for projects from fiscal years 2018 through 2020. We also reviewed relevant federal procurement data and interviewed Corps and Department of Homeland Security officials.
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  • Retirement Security: Other Countries’ Experiences with Caregiver Policies
    In U.S GAO News
    For over a decade, Australia, Germany, and the United Kingdom (UK) have developed and implemented national approaches—including strategies, laws, and policies—to support family caregivers, according to experts GAO interviewed. Specifically, experts noted that these efforts could help caregivers maintain workforce attachment, supplement lost income, and save for retirement. As a result, their retirement security could improve. For example, experts said: Care leave allows employees to take time away from work for caregiving responsibilities. Australia's and Germany's policies allow for paid leave (10 days per year of work or instance of caregiving need, respectively), and all three countries allow for unpaid leave though the duration varies. Caregivers can receive income for time spent caregiving. Australia and the UK provide direct payments to those who qualify. Germany provides indirect payments, whereby the care recipient receives an allowance, which they can pass on to their caregiver. Other Countries' Policies to Support Caregivers Experts in all three countries cited some challenges with caregiver support policies. For example, paid leave is not available to all workers in Germany, such as those who work for small firms. In Australia and the UK, experts said eligibility requirements for direct payments (e.g., limits on hours worked or earnings) can make it difficult for someone to work outside their caregiving role. Experts in all three countries said caregivers may be unaware of available supports. For example, identifying caregivers is a challenge in Australia and the UK. As required under the RAISE Family Caregivers Act, the Department of Health and Human Services (HHS) convened the Family Caregiving Advisory Council (FCAC)—a stakeholder group that is to jointly develop a national family caregiving strategy. As of July 2020, HHS and the FCAC reported limited information on other countries' approaches, and neither entity had concrete plans to collect more. In September 2020, HHS officials provided sources they recently reviewed on selected policies in other countries, and they further noted that HHS staff, FCAC members, and collaborating partners have subject-matter expertise and bring perspectives about other countries' efforts into their discussions. Family caregivers play a critical role in supporting the elderly population, which is growing at a rapid rate worldwide. However, those who provide eldercare may risk their own long-term financial security. Other countries have implemented policies to support caregivers. In recognition of challenges caregivers face in the United States, Congress directed HHS, in consultation with other federal entities, to develop a national family caregiving strategy. GAO was asked to provide information about other countries' efforts that could improve the retirement security of parental and spousal caregivers. This report examines (1) other countries' approaches to support family members who provide eldercare, (2) challenges of these approaches, and (3) the status of HHS' efforts to develop a national family caregiving strategy. GAO conducted case studies of three countries—Australia, Germany, and the United Kingdom—selected based on factors including rates of informal care (i.e., help provided to older family members or friends) and the types of policies they have that could improve caregivers' retirement security. GAO interviewed government officials and experts and reviewed relevant federal laws, research, and documents. GAO's draft report recommended that HHS collect additional information about other countries' experiences. In response, in September 2020, HHS provided an update on its efforts to do so. As a result, GAO removed the recommendation and modified the report accordingly. For more information, contact Tranchau (Kris) T. Nguyen at or nguyentt@gao.gov.
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  • Man Sentenced to 45 Years in Federal Prison for Sexual Abuse of Two- and Seven-Year-Old Children to Produce Child Pornography
    In Crime News
    Today, Brian Anthony Gilbert, 34, of Owings Mills, Maryland, was sentenced to a total of 540 months, or 45 years, in federal prison, followed by lifetime supervised release, for two counts of production and one count of possession of child pornography.
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  • Secretary Antony J. Blinken With María Grazzia Acosta of Teleamazonas
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  • Department of Justice Announces Department-Wide Policy on Chokeholds and ‘No-Knock’ Entries
    In Crime News
    The Department of Justice today announced written department-wide policies explicitly prohibiting the use of “chokeholds” and  “carotid restraints” unless deadly force is authorized, and limiting the circumstances in which the department’s federal law enforcement components are authorized to use unannounced entries. The announcement follows a review with the department’s law enforcement agencies led by Deputy Attorney General Lisa O. Monaco.  
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  • State Department: Implementation of Grants Policies Needs Better Oversight
    In U.S GAO News
    What GAO Found The Department of State (State) has established policies and guidance that provide a supportive environment for managing grants and cooperative agreements (grants). In addition, State provides its grants officials mandatory training on these policies and guidance, and routinely identifies and shares best practices. State's policies are based on federal regulations, reflect internal control standards, and cover topics such as risk assessment and monitoring procedures. State's policies also delineate specific internal control activities that grants officials are required to both implement and document in the grant files as a way of promoting accountability (see fig.). Key Internal Control Activities Required through a Grant's Life Cycle GAO found that inconsistent implementation of policies and guidance weakens State's assurance that grant funds are used as intended. Inadequate risk analysis . In most of the files GAO reviewed, grants officials did not fully identify, assess, and mitigate risks, as required. For example, officials conducted a risk identification process for 45 of the 61 grants that GAO reviewed. While grants officials identified risk in 28 of those 45 grants, they mitigated risks in only 11. Poor documentation . Grants officials generally did not adhere to State policies and procedures relating to documenting internal control activities. For example, 32 of the 61 files reviewed did not contain the required monitoring plan. Considerable turnover among grants officials makes documenting internal control activities particularly important. State's periodic management reviews of selected bureaus' and overseas missions' grant operations have also found that key documentation was frequently missing or incomplete and made recommendations to address the problem. However, State has not consistently followed up to ensure the implementation of these recommendations, as internal control standards require. State does not have processes for ensuring compliance with risk analysis and documentation requirements. Without the proper implementation of its internal control policies for grants management, State cannot be certain that its oversight is adequate or that it is using its limited oversight resources effectively. Why GAO Did This Study Grants are key tools that State uses to conduct foreign assistance. In fiscal year 2012, State obligated over $1.6 billion worldwide for around 14,000 grants to individuals and organizations for a variety of purposes, such as fostering cultural exchange and facilitating refugee resettlement. However, recent GAO and Inspectors General reports have identified challenges with State's management of these funds. This report examines (1) the policies and guidance that State has established to administer and oversee grants, and (2) the extent to which the implementation of those policies and guidance provides reasonable assurance that funds are being used as intended. GAO analyzed State's policies and guidance, and interviewed cognizant grants officials at 14 bureaus headquartered in Washington, D.C., and three overseas missions (Afghanistan, Cambodia, and Turkey). GAO also conducted file reviews for a sample of 61 grants totaling approximately $172 million. Selection criteria included total dollar value of grants in a country, geographic diversity, and balance among bureaus.
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