Justice Department Sues to Block Aon’s Acquisition of Willis Towers Watson

The U.S. Department of Justice filed a civil antitrust lawsuit today to block Aon’s $30 billion proposed acquisition of Willis Towers Watson, a transaction that would bring together two of the “Big Three” global insurance brokers. As alleged in the complaint filed in the U.S. District Court for the District of Columbia, the merger threatens to eliminate competition, raise prices, and reduce innovation for American businesses, employers, and unions that rely on these important services.

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  • Cybersecurity: Clarity of Leadership Urgently Needed to Fully Implement the National Strategy
    In U.S GAO News
    Federal entities have a variety of roles and responsibilities for supporting efforts to enhance the cybersecurity of the nation. Among other things, 23 federal entities have roles and responsibilities for developing policies, monitoring critical infrastructure protection efforts, sharing information to enhance cybersecurity across the nation, responding to cyber incidents, investigating cyberattacks, and conducting cybersecurity-related research. To fulfill their roles and responsibilities, federal entities identified activities undertaken in support of the nation's cybersecurity. For example, National Security Council (NSC) staff, on behalf of the President, and the National Institute of Standards and Technology, have developed policies, strategies, standards, and plans to guide cybersecurity efforts. The Department of Homeland Security has helped secure the nation's critical infrastructure through developing security policy and coordinating security initiatives, among other efforts. Other agencies have established initiatives to gather intelligence and share actual or possible cyberattack information. Multiple agencies have mechanisms in place to assist in responding to cyberattacks, and law enforcement components, including the Federal Bureau of Investigation, are responsible for investigating them. The White House's September 2018 National Cyber Strategy and the NSC's accompanying June 2019 Implementation Plan detail the executive branch's approach to managing the nation's cybersecurity. When evaluated together, these documents addressed several of the desirable characteristics of national strategies, but lacked certain key elements for addressing others. National Cyber Strategy and Implementation Plan are Missing Desirable Characteristics of a National Strategy Characteristic Cyber Strategy and Plan Coverage of Issue Purpose, scope, and methodology Addressed Organizational roles, responsibilities, and coordination Addressed Integration and implementation Addressed Problem definition and risk assessment Did not fully address Goals, subordinate objectives, activities, and performance measures Did not fully address Resources, investments, and risk management Did not fully address Source: GAO analysis of 2018 National Cyber Strategy and 2019 Implementation Plan . | GAO-20-629 For example, the Implementation Plan details 191 activities that federal entities are to undertake to execute the priority actions outlined in the National Cyber Strategy. These activities are assigned a level, or tier, based on the coordination efforts required to execute the activity and the extent to which NSC staff is expected to be involved. Thirty-five of these activities are designated as the highest level (tier 1), and are coordinated by a functional entity within the NSC . Ten entities are assigned to lead or co-lead these critical activities while also tasked to lead or co-lead lower tier activities. Leadership Roles for Federal Entities Assigned as Leads or Co-Leads for National Cyber Strategy Implementation Plan Activities Entity Tier 1 Activities Tier 2 Activities Tier 3 Activities National Security Council 15 7 3 Department of Homeland Security 14 19 15 Office of Management and Budget 7 6 5 Department of Commerce 5 9 35 Department of State 2 5 11 Department of Defense 1 6 17 Department of Justice 1 10 5 Department of Transportation 1 0 5 Executive Office of the President 1 0 0 General Services Administration 1 2 1 Source: GAO analysis of 2018 National Cyber Strategy and 2019 Implementation Plan . | GAO-20-629 Although the Implementation Plan defined the entities responsible for leading each of the activities; it did not include goals and timelines for 46 of the activities or identify the resources needed to execute 160 activities. Additionally, discussion of risk in the National Cyber Strategy and Implementation Plan was not based on an analysis of threats and vulnerabilities. Further, the documents did not specify a process for monitoring agency progress in executing Implementation Plan activities. Instead, NSC staff stated that they performed periodic check-ins with responsible entities, but did not provide an explanation or definition of specific level of NSC staff involvement for each of the three tier designations. Without a consistent approach to engaging with responsible entities and a comprehensive understanding of what is needed to implement all 191 activities, the NSC will face challenges in ensuring that the National Cyber Strategy is efficiently executed. GAO and others have reported on the urgency and necessity of clearly defining a central leadership role in order to coordinate the government's efforts to overcome the nation's cyber-related threats and challenges. The White House identified the NSC staff as responsible for coordinating the implementation of the National Cyber Strategy . However, in light of the elimination of the White House Cybersecurity Coordinator position in May 2018, it remains unclear which official ultimately maintains responsibility for not only coordinating execution of the Implementation Plan , but also holding federal agencies accountable once activities are implemented. NSC staff stated responsibility for duties previously attributed to the White House Cyber Coordinator were passed to the senior director of NSC's Cyber directorate; however, the staff did not provide a description of what those responsibilities include. NSC staff also stated that federal entities are ultimately responsible for determining the status of the activities that they lead or support and for communicating implementation status to relevant NSC staff. However, without a clear central leader to coordinate activities, as well as a process for monitoring performance of the Implementation Plan activities, the White House cannot ensure that entities are effectively executing their assigned activities intended to support the nation's cybersecurity strategy and ultimately overcome this urgent challenge. Increasingly sophisticated cyber threats have underscored the need to manage and bolster the cybersecurity of key government systems and the nation's cybersecurity. The risks to these systems are increasing as security threats evolve and become more sophisticated. GAO first designated information security as a government-wide high-risk area in 1997. This was expanded to include protecting cyber critical infrastructure in 2003 and protecting the privacy of personally identifiable information in 2015. In 2018, GAO noted that the need to establish a national cybersecurity strategy with effective oversight was a major challenge facing the federal government. GAO was requested to review efforts to protect the nation's cyber critical infrastructure. The objectives of this report were to (1) describe roles and responsibilities of federal entities tasked with supporting national cybersecurity, and (2) determine the extent to which the executive branch has developed a national strategy and a plan to manage its implementation. To do so, GAO identified 23 federal entities responsible for enhancing the nation's cybersecurity. Specifically, GAO selected 13 federal agencies based on their specialized or support functions regarding critical infrastructure security and resilience, and 10 additional entities based on analysis of its prior reviews of national cybersecurity, relevant executive policy, and national strategy documents. GAO also analyzed the National Cyber Strategy and Implementation Plan to determine if they aligned with the desirable characteristics of a national strategy. GAO is making one matter for congressional consideration, that Congress should consider legislation to designate a leadership position in the White House with the commensurate authority to implement and encourage action in support of the nation's cybersecurity. GAO is also making one recommendation to the National Security Council to work with relevant federal entities to update cybersecurity strategy documents to include goals, performance measures, and resource information, among other things. The National Security Council neither agreed nor disagreed with GAO's recommendation. For more information, contact Nick Marinos at (202) 512-9342 or marinosn@gao.gov.
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    In Crime News
    A Rocky Mount, North Carolina, tax return preparer pleaded guilty today to conspiring to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Robert J. Higdon, Jr. for the Eastern District of North Carolina.
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    In Justice News
    (Solicitation)
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    A federal judge today ordered Walter Kidde Portable Equipment Inc. (Kidde) to pay a $12 million civil penalty in connection with allegations that the company failed to timely inform the Consumer Product Safety Commission (CPSC) about problems with fire extinguishers manufactured by the company, the Department of Justice announced.
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    Today, the Department of Justice announced it will launch five cross-jurisdictional firearms trafficking strike forces within the next 30 days to help reduce violent crime by addressing illegal gun trafficking in significant firearms trafficking corridors. Tomorrow, the Attorney General will discuss with the President, law enforcement officials, and local and community leaders, this initiative, which, along with other measures, the Department of Justice is undertaking as part of the administration-wide comprehensive strategy to combat the rise in violent crime. 
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  • Conflict Minerals: Actions Needed to Assess Progress Addressing Armed Groups’ Exploitation of Minerals
    In U.S GAO News
    The Securities and Exchange Commission (SEC) disclosure rule broadly requires that certain companies submit a filing that describes their efforts to conduct a reasonable country-of-origin inquiry (RCOI), and depending on the preliminary determination, perform due diligence to determine the source and chain of custody of their conflict minerals—gold and specific ores for tantalum, tin, and tungsten. After conducting RCOI, an estimated 50 percent of companies filing in 2019 reported preliminary determinations as to whether the conflict minerals came from the Democratic Republic of the Congo (DRC) or adjoining countries (covered countries) or from scrap or recycled sources. The percentage of companies able to make such preliminary determinations increased significantly between 2014 and 2015, and has since leveled off, as shown below. Source of Conflict Minerals in Products as Determined by Companies' Reasonable Country-of-Origin Inquiries, Reporting Years 2014-2019 However, fewer companies reported such determinations after conducting due diligence. In 2019, an estimated 85 percent of companies made preliminary determinations that required them to then perform due diligence. Of those companies, an estimated 17 percent determined that the minerals came from covered countries—a significantly lower percentage of companies making that determination than the 37 percent reported in 2017 or the 35 percent in 2018. Since 2014, companies have noted various challenges they face in making such determinations; however, SEC staff told GAO that they did not know what factors contributed to the decrease in 2019. We will examine this issue during our future review. While the Department of State (State) and U.S. Agency for International Development (USAID) have implemented the U.S. conflict minerals strategy since 2011, they have not established performance indicators for all of the strategic objectives. For example, they have no such indicators for the objectives of strengthening regional and international efforts and promoting due diligence and responsible trade through public outreach. Without performance indicators, the agencies cannot comprehensively assess their progress toward achieving these objectives or the overall goal of addressing armed groups' exploitation of conflict minerals. Armed groups in eastern DRC continue to commit severe human rights abuses and to profit from the exploitation of “conflict minerals,” according to State. Provisions in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act required, among other things, that State, USAID, and the SEC take certain actions to promote peace and security. In 2011, State created the U.S. conflict minerals strategy in consultation with USAID to address armed groups' exploitation of conflict minerals. In 2012, the SEC also promulgated regulations containing disclosure and reporting requirements for companies that use conflict minerals from covered countries. The act also included a provision for GAO to annually assess, among other things, the SEC regulations' effectiveness in promoting peace and security. In this report, GAO examines, among other things, how companies responded to the SEC conflict minerals disclosure rule when filing in 2019 and the extent to which State and USAID assessed progress toward the U.S. conflict minerals strategy's objectives and goal. GAO analyzed a generalizable sample of SEC filings, reviewed documents, and interviewed U.S. officials State, in consultation with USAID, should develop performance indicators for assessing progress toward the strategic objectives and goal of the U.S. conflict minerals strategy. State and USAID concurred with GAO's recommendation. For more information, contact Kimberly M. Gianopoulos at (202) 512-8612 or gianopoulosk@gao.gov.
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    The Department of Justice announced today that it filed a lawsuit against Facebook Inc. for discriminating against U.S. workers. 
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    In Crime News
    The wife of Joaquin “El Chapo” Guzman Loera, leader of the Mexican drug trafficking organization known as the Sinaloa Cartel, pleaded guilty today to charges related to international drug trafficking, money laundering, and a criminal violation of the Foreign Narcotics Kingpin Designation Act (the Kingpin Act). 
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    In Crime News
    A Maryland man pleaded guilty today to conspiracy to participate in a racketeering enterprise by murdering a suspected rival gang member and attempting to murder two other victims, in connection with his MS-13 gang activities. 
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  • Former State Department Employee Sentenced to Prison for Trafficking in Counterfeit Goods from U.S. Embassy
    In Crime News
    A former U.S. Department of State employee and his spouse were sentenced today for their roles in a conspiracy to traffic hundreds of thousands of dollars in counterfeit goods through e-commerce accounts operated from State Department computers at the U.S. Embassy in Seoul, Republic of Korea.
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  • Higher Education: IRS And Education Could Better Address Risks Associated with For-Profit College Conversions
    In U.S GAO News
    What GAO Found In its December 2020 report, GAO identified 59 for-profit college conversions that occurred from January 2011 through August 2020. A for-profit college may convert to nonprofit status for different reasons. In about one-third of the conversions, GAO found that former owners or other officials were insiders to the conversion—for example, by creating the tax-exempt organization that purchased the college or retaining the presidency of the college after its sale (see figure). While leadership continuity can benefit a college, insider involvement in a conversion poses a risk that insiders may improperly benefit—for example, by influencing the tax-exempt purchaser to pay more for the college than it is worth. Once a conversion has ended a college's for-profit ownership and transferred ownership to an organization the Internal Revenue Service (IRS) recognizes as tax-exempt, the college must seek Department of Education approval to participate in federal student aid programs as a nonprofit college. GAO also found in its December 2020 report that Education had approved 35 colleges as nonprofit colleges since January 2011 and denied two; nine were under review and 13 closed prior to Education reaching a decision. Figure: Example of a For-Profit College Conversion with Officials in Insider Roles IRS guidance directs staff to closely scrutinize whether significant transactions with insiders reported by an applicant for tax-exempt status will exceed fair-market value and improperly benefit insiders. If an application contains insufficient information to make that assessment, guidance says that staff may need to request additional information. In its December 2020 report, GAO found that for two of 11 planned or final conversions involving insiders that were disclosed in an application, IRS approved the application without certain information, such as the college's planned purchase price or an appraisal report estimating the college's value. Without such information, IRS staff could not assess whether the price was inflated to improperly benefit insiders, which would be grounds to deny the application. If IRS staff do not consistently apply guidance, they may miss indications of improper benefit. Education has strengthened its reviews of for-profit college applications for nonprofit status, but it does not monitor newly converted colleges to assess ongoing risk of improper benefit. In two of three cases GAO reviewed in depth for its December 2020 report, college financial statements disclosed transactions with insiders that could indicate the risk of improper benefit. Education officials agreed that they could develop procedures to assess this risk through its audited financial statement reviews. Until Education develops and implements such procedures for new conversions, potential improper benefit may go undetected. Why GAO Did This Study A for-profit college may convert to nonprofit status for a variety of reasons, such as wanting to align its status and mission. However, in some cases, former owners or other insiders could improperly benefit from the conversion, which is impermissible under the Internal Revenue Code and Higher Education Act of 1965, as amended. This statement—based on GAO's December 2020 report (GAO-21-89)—discusses what is known about insider involvement in conversions and the extent to which IRS and Education identify and respond to the risk of improper benefit. We also requested updates from IRS and Education officials on any agency actions taken to implement the December 2020 report recommendations.
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  • Federal Advisory Committees: Actions Needed to Enhance Decision-Making Transparency and Cost Data Accuracy
    In U.S GAO News
    GAO reviewed 11 selected committees covered under the Federal Advisory Committee Act (FACA) that serve the Departments of Commerce, Health and Human Services, and the Treasury. GAO found that these committees met many, but not all, selected transparency requirements established by FACA, General Services Administration (GSA) FACA regulations, and the Office of Management and Budget (OMB). FACA committees GAO reviewed published timely notices for 70 of 76 meetings and solicited public comments for all open meetings held by the committees. However, four of the 11 committees did not follow one or more selected requirements to renew charters, decide on proposed recommendations during open meetings, or compile minutes. Five FACA committees GAO reviewed did not always follow requirements in OMB Circular A-130 for federal agencies to make public documents accessible online. GSA encourages agencies to post committee documents online consistent with OMB requirements. However, according to GSA's Office of the General Counsel, GSA's authority under FACA is not broad enough to require agencies to fulfill the OMB requirements. Eight of the nine selected FACA committees in our original sample that make recommendations to agencies attempt to track the agencies' responses to and implementation status of recommendations. However, many committees do not make this information fully available to the public online. Improved public reporting could enhance congressional and public visibility into the status of agencies' responses to committee recommendations. Selected Requirements for Advisory Committees Covered under the Federal Advisory Committee Act (FACA) The selected agencies and FACA committees reported that they implemented a range of practices to help ensure agency officials do not exert inappropriate influence on committees' decisions. These practices include limiting committee members' interactions with agency officials outside committee meetings. GAO also found that about 29 percent of the 11 selected committees' cost data elements in GSA's FACA database for fiscal years 2017 and 2018 were inconsistent with corresponding cost data from selected agency and committee records and systems. In the absence of reliable cost data, Congress is unable to fully rely on these data to inform decisions about funding FACA committees. FACA requires federal agencies to ensure that federal advisory committees make decisions that are independent and transparent. In fiscal year 2019, nearly 960 committees under FACA played a key role in informing public policy and government regulations. GAO was asked to review the transparency and independence of FACA committees and data collected in GSA's FACA database. This report examines (1) selected agencies' and committees' adherence to transparency requirements; (2) their practices to help ensure that agency officials do not exert inappropriate influence on committee decision-making; and (3) the extent to which GSA's FACA database contained accurate, complete, and useful cost information for these committees. GAO selected a non-generalizable sample of 11 FACA committees serving three agencies, based in part on costs incurred and numbers of recommendations made. GAO analyzed documents and interviewed agency officials and committee members. GAO also reviewed FACA database cost data for the 11 committees. Congress should consider requiring online posting of FACA committees' documents. GAO is also making nine recommendations to agencies to improve FACA committee transparency and data accuracy. Agencies agreed with six recommendations, and GSA described steps to address recommendations to it. For more information, contact Michelle Sager at (202) 512-6806 or SagerM@gao.gov.
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    In U.S GAO News
    Federal agencies' intergovernmental affairs activities advance agency objectives that require coordination with state and local governments. Most of the 24 Chief Financial Officers (CFO) Act agencies GAO surveyed reported undertaking similar information-sharing and coordination activities, such as serving as liaisons, conducting outreach, and hosting and attending events. The agencies GAO surveyed also reported taking varied approaches to structuring their intergovernmental affairs operations to conduct these activities. Of the 20 agencies with agency-wide intergovernmental affairs offices, half focused on intergovernmental affairs as their sole function while the other half included multiple functions, such as congressional or legislative affairs. How Agencies Organized Their Intergovernmental Affairs Operations Most agencies also reported that intergovernmental affairs activities and responsibilities were dispersed across their agencies. Regional and program offices perform intergovernmental affairs functions at some agencies, while others have an agency-wide office for them. Responsibilities for consulting with state and local governments under Executive Order (E.O.) 13132 also varied. The order requires that each federal agency designate an official to implement the order. Fourteen agencies reported having such an official; 10 did not report having one. Representatives from state and local associations GAO interviewed reported interacting with federal agency intergovernmental affairs offices for outreach and information-sharing purposes. They also cited coordination and consultation challenges, such as difficulty identifying intergovernmental affairs contacts, limited federal agency knowledge of state and local government, and inconsistent consultation on proposed regulations. The Office of Management and Budget (OMB) has primary responsibility for implementing E.O. 13132 and related implementation guidance, including a requirement for the designation of a federalism official. However, OMB could not identify any oversight steps it had taken to ensure federal agencies' designation of a federalism official consistent with its guidance for implementation of the executive order. Taking steps to ensure federal agencies' designation of a federalism official could help ensure that agencies have an accountable process in place for appropriately consulting with state and local governments. Federal programs fulfilling national goals in education, health care, transportation infrastructure, and homeland security, among other issues, are implemented through a complex partnership between federal, state, and local governments. E.O. 13132, Federalism, outlines principles and criteria to guide the formulation and implementation of policies and the appropriate division of responsibilities between levels of government. GAO was asked to review intergovernmental affairs activities at executive branch agencies. This report (1) identifies intergovernmental affairs offices' key responsibilities and activities at selected federal agencies and how these offices are organized, and (2) assesses state and local government officials' interaction with intergovernmental affairs offices, including their reported strengths and challenges. GAO examined relevant policies and executive orders and surveyed officials from the 24 CFO Act agencies. GAO also interviewed a nongeneralizable sample of individuals from 10 associations representing state and local government officials. GAO is recommending that OMB ensure that federal agencies implement its guidance on agency adherence to E.O. 13132 requirements, particularly related to designating a federalism official. OMB neither agreed nor disagreed with the recommendation. For more information, contact Michelle Sager at (202) 512-6806 or sagerm@gao.gov.
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  • Fair Labor Standards Act: Tracking Additional Complaint Data Could Improve DOL’s Enforcement
    In U.S GAO News
    Over the past 10 years, the number of Fair Labor Standards Act (FLSA) minimum wage and overtime cases has generally ranged between 23,000 and 30,000 each year. The compliance actions the Department of Labor's (DOL) Wage and Hour Division (WHD) used to address these cases primarily involved either on-site investigations or conciliations that seek a resolution between the employer and the worker by phone. Back wages due to workers for FLSA minimum wage and overtime violations increased from $129 million in fiscal year 2010 to $226 million in fiscal year 2019. Although the number of WHD investigators decreased by 25 percent from 2010 to 2019, WHD maintained its casework by using procedural flexibilities, such as not investigating low-priority complaints and by distributing work across offices to balance workloads. From fiscal years 2014 through 2019, most of WHD's FLSA compliance actions were targeted at priority industries—those WHD identified as low-wage, high violation industries that employ workers who are unlikely to file wage or overtime complaints, such as food services. In 2011, WHD developed a list of 20 priority industries, and encouraged its regional and district offices to focus on these industries by setting and monitoring performance goals as part of its annual enforcement planning process. The percentage of FLSA compliance actions involving the priority industries increased from 75 to 80 percent from fiscal years 2014 through 2019, according to DOL data. WHD uses several strategies, including supervisory reviews, to address FLSA complaints consistently, but does not track uniform data needed to ensure that the reasons complaints are filed with no WHD compliance action are applied consistently. WHD may file complaints without completing a compliance action because they are not within WHD's jurisdiction or for other reasons, such as that they are determined to be low-priority. GAO found that WHD filed about 20 percent of FLSA complaints with no compliance action from fiscal years 2014-2019 and the percent varied considerably (from 4 to 46 percent) among district offices (see figure). WHD lacks uniform data on the reasons complaints are filed with no compliance action at intake or the reasons cases are dropped after initial acceptance because there is no data field in WHD's enforcement database that can be used to systematically aggregate that information. Absent this data, WHD is less able to ensure that a consistent process is applied to complaints. Percentage of Fair Labor Standards Act Complaints Filed with No Compliance Action by WHD District Offices, Fiscal Years 2014-2019 Note: WHD filed about 20 percent of FLSA complaints with no compliance action from fiscal years 2014-2019, and the percent varied considerably among its district offices. The FLSA sets federal minimum wage and overtime pay requirements for millions of U.S. workers. WHD may investigate worker complaints of FLSA violations or initiate investigations in industries it prioritizes for enforcement. GAO was asked to review WHD compliance actions. This report examines (1) trends in WHD's FLSA minimum wage and overtime cases, (2) the extent to which WHD's FLSA compliance actions targeted priority industries, and (3) the extent to which WHD's reported efforts and data indicate that WHD applied a consistent process to FLSA complaints. GAO analyzed WHD data on FLSA cases for fiscal years 2010 through 2019, the last full fiscal year of data available when GAO conducted its analysis. GAO also conducted more in-depth reviews of recent efforts (fiscal years 2014-2019). GAO interviewed officials from WHD's national office, five regional offices, and five of WHD's 54 district offices with the largest share of FLSA cases in their regions. GAO also interviewed external stakeholders, including state agencies and organizations that represent workers and employers. GAO recommends DOL's WHD develop a method for systematically aggregating and reviewing data on the reasons complaints are filed with no compliance action or cases are dropped. DOL agreed with GAO's recommendation and stated it would take action to address it. For more information, contact Cindy Brown Barnes at (202) 512-7215 or brownbarnesc@gao.gov.
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  • Imperial Pacific International and MCC International Saipan Executives Indicted on Federal Charges
    In Crime News
    Three executives from Imperial Pacific International (IPI) and MCC International Saipan have been indicted on federal criminal charges, including Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy, harboring illegal aliens, unlawful employment of aliens, and international promotional money laundering announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Shawn N. Anderson for the Districts of Guam and the Northern Mariana Islands.
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    In Crime News
    A Las Vegas, Nevada, man was sentenced to 70 months in prison for conspiracy to commit mail and wire fraud, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman, U.S. Attorney Nicholas A. Trutanich for the District of Nevada, and Internal Revenue Service-Criminal Investigation Special Agent in Charge Tara Sullivan.
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  • Former Deputy Jailer Sentenced to 48 Months for Violating the Civil Rights of an Inmate
    In Crime News
    ​​​​​​​A former Shelby County Deputy Jailer, William Anthony Carey, 31, was sentenced by U.S. District Judge Gregory F. VanTatenhove to serve 48 months in federal prison for violating the civil rights of an inmate in his custody.
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  • DOD Acquisition Reform: Increased Focus on Knowledge Needed to Achieve Intended Performance and Innovation Outcomes
    In U.S GAO News
    What GAO Found As the Department of Defense (DOD) drives to deliver innovative capabilities faster to keep pace with evolving threats and emerging adversaries, knowledge—about programs' cost, schedule, and technology—increases the likelihood that these capabilities will be achieved. GAO annually assesses selected DOD weapon programs and their likely outcomes by analyzing: (1) the soundness of a program's business case—which provides evidence that the warfighter's needs are valid and the concept can be produced within existing resources—at program start, and (2) the knowledge a program attains at other key points in the acquisition process. For example, the Navy's Ford-class aircraft carrier program began with a weak business case, including an unrealistic cost estimate based on unproven technologies, resulting in over $2 billion in cost growth and years of delays to date for the lead ship. DOD's new acquisition framework uses six different acquisition pathways and offers programs a chance to tailor acquisition approaches, providing options to speed up the process. However, preliminary findings from GAO's 2021 annual assessment show that programs using the new middle-tier pathway face increasing risk that they will fall short of expected performance goals as a result of starting without sound business cases. While these programs are intended to be streamlined, business case information is critical for decision makers to know if a program is likely to meet its goals (see figure below). Completion of Key Business Case Documents by Selected Middle-tier Acquisition Programs The framework also introduces new considerations for program oversight and reporting. DOD has made some progress in developing its approach to oversight for programs using the new pathways, but questions remain about what metrics DOD will use for internal oversight and report to Congress for external oversight. Why GAO Did This Study DOD spends billions of dollars annually to acquire new major weapon systems, such as aircraft, ships, and satellites, and deliver them to the warfighter. GAO has reviewed individual weapon programs for many years and conducted its annual assessment of selected major DOD weapon programs for 19 years. GAO added DOD's weapon system acquisition process to its High-Risk List in 1990. This statement discusses: (1) the performance of selected DOD weapon programs and the role of a sound business case in that performance, (2) DOD's progress implementing recent acquisition reforms, (3) the status of DOD's actions to support innovation, and (4) DOD's efforts to improve data for acquisition oversight. This statement is drawn primarily from GAO's extensive body of work on DOD's acquisition of weapon systems, science and technology, and acquisition reforms conducted from 2004–2021, and observations from an ongoing annual review of selected DOD weapon programs. To perform this work, GAO reviewed DOD documentation, program information, and relevant legislation. GAO also interviewed DOD officials.
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