The Nunes Memo

The US House, as authorized by the president, released the controversial memo by Rep. David Nunes (R-CA) today despite protests from our nation’s intelligence services claiming that omissions of fact render it as nothing but partisan propaganda.  Nunes, the supposed author of the document, has NOT read the underlying investigative documents upon which he claims his memo is based.  Sadly, Speaker Ryan, second in line to the presidency, believes it’s appropriate to promote Nunes’ propaganda to “the base.”  The Democratic rebuttal may or may not be released dependent of the whims of the man occupying the oval office and whether he thinks it appropriate for the American People to have that information.

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114-2 Vote#4 Cloture on HR4038

114-2 Vote#4 Cloture on HR4038

Failed Cloture on Jan 20, 2016
This bill is provisionally dead due to a failed vote for cloture on January 20, 2016. Cloture is required to move past a Senate filibuster or the threat of a filibuster and takes a 3/5ths vote. In practice, most bills must pass cloture to move forward in the Senate.

Senator Dean Heller  (R-NV): Aye
Senator Harry Reid (D-NV): Nay
About this bill

Well Past Time to Take Women Out From Under the Gun and Disarm Domestic Abusers

How Gun Violence Affects Women and Four Policy Solutions to Better Protect Them
Weak gun laws at the federal and state levels leave far too many women facing a fatal end to domestic abuse.

— by Arkadi Gerney and Chelsea Parsons  from the Center for American Progress

Violence against women looks very different than violence against men. Whether in the context of sexual assault on college campuses or in the military, violence by an intimate partner, or other types of violent victimization, women’s experiences of violence in this country are unique from those of men. One key difference in the violence committed against women in the United States is who commits it: Women are much more likely to be victimized by people they know, while men are more likely to be victims of violent crime at the hands of strangers. Between 2003 and 2012, 65 percent of female violent crime victims were targeted by someone they knew; only 34 percent of male violent crime victims knew their attackers. Intimate partners make up the majority of known assailants: During the same time period, 34 percent of all women murdered were killed by a male intimate partner, compared to the only 2.5 percent of male murder victims killed by a female intimate partner.

DomesticGunViolenceA staggering portion of violence against women is fatal, and a key driver of these homicides is access to guns. From 2001 through 2012, 6,410 women were murdered in the United States by an intimate partner using a gun—more than the total number of U.S. troops killed in action during the entirety of the Iraq and Afghanistan wars combined. Guns are used in fatal intimate partner violence more than any other weapon: Of all the women killed by intimate partners during this period, 55 percent were killed with guns. Women in the United States are 11 times more likely to be murdered with a gun than are women in other high income countries.

Limiting abusers and stalkers’ access to firearms is therefore critical to reduce the number of women murdered in this country every year. This idea is not new: Congress first acted 20 years ago to strengthen our gun laws to prevent some domestic abusers from buying guns. But we are still a long way from having a comprehensive system of laws in place at both the federal and state levels that protect women—and children and men—from fatal violence in the context of intimate and domestic relationships. This report provides an overview of the data regarding the intersection of intimate partner violence and gun violence, describing four policies that states and the federal government should enact to reduce dangerous abusers’ access to guns and prevent murders of women:

  • Bar all convicted abusers, stalkers, and people subject to related restraining orders from possessing guns.
  • Provide all records of prohibited abusers to the National Instant Criminal Background Check System, or NICS.
  • Require a background check for all gun sales.
  • Ensure that abusers surrender any firearms they own once they become prohibited.

Some states have already adopted some of these policies, and in the past 12 months, there has been a growing movement across the country to enact laws closing some gaps related to domestic abusers’ gun access in several states, including Wisconsin, Washington, Louisiana, New Hampshire, and Minnesota.

This report collected and analyzed data from a variety of sources, including the Federal Bureau of Investigation, or FBI; the Centers for Disease Control, or CDC; the Office of Violence Against Women; state criminal justice agencies; state domestic violence fatality review boards; and academic research. These data provide a snapshot of women’s experiences of violence in this country and show the glaring gaps in state and federal laws that leave victims of domestic violence and stalking vulnerable to gun violence. Many of these data have not been made public prior to the publication of this report and were collected through Freedom of Information Act requests. Among our findings:

  • In 15 states, more than 40 percent of all homicides of women in each state involved intimate partner violence. In 36 states, more than 50 percent of intimate partner-related homicides of women in each state involved a gun.
  • A review of conviction records in 20 states showed that there are at least 11,986 individuals across the country who have been convicted of misdemeanor-level stalking but are still permitted to possess guns under federal law. It is likely that there are tens of thousands of additional convicted stalkers who are able to buy guns.
  • While submission of records regarding convicted misdemeanant domestic abusers to the FBI’s NICS Index has increased 132 percent over the past five-and-a-half years, only three states appear to be submitting reasonably complete records—Connecticut, New Hampshire, and New Mexico. Records from these three states account for 79 percent of the total records submitted to the FBI.

Every day in the United States, five women are murdered with guns. Many of these fatal shootings occur in the context of a domestic or intimate partner relationship. However, women are not the only victims. Shooters have often made children, police officers, and their broader communities additional targets of what begins as an intimate partner shooting. In fact, one study found that more than half of the mass shootings in recent years have started with or involved the shooting of an intimate partner or a family member. Enacting a comprehensive set of laws and enforcement strategies to disarm domestic abusers and stalkers will reduce the number of women who are murdered by abusers with guns—and it will make all Americans safer.

Arkadi Gerney is a Senior Fellow at the Center for American Progress. Chelsea Parsons is Director of Crime and Firearms Policy at the Center.

Additional Resources:


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.

Government Teams Recovered $4.3B in FY2013 and $19.2B over the Last 5 Years

Attorney General Eric Holder and HHS Secretary Kathleen Sebelius today released the annual Health Care Fraud and Abuse Control (HCFAC) Program report showing that for every dollar spent on health care-related fraud and abuse investigations through this and other programs in the last three years, the government recovered $8.10.  This is the highest three-year average return on investment in the 17-year history of the HCFAC Program.

810The government’s health care fraud prevention and enforcement efforts recovered a record-breaking $4.3 billion in taxpayer dollars in Fiscal Year (FY) 2013, up from $4.2 billion in FY 2012, from individuals and companies who attempted to defraud federal health programs serving seniors or who sought payments from taxpayers to which they were not entitled.  Over the last five years, the administration’s enforcement efforts have recovered $19.2 billion, up from $9.4 billion over the prior five-year period.  Since the inception of the program in1997, the HCFAC Program has returned more than $25.9 billion to the Medicare Trust Funds and treasury.

These recoveries, released today in the annual HCFAC Program report, demonstrate President Obama’s commitment to making the elimination of fraud, waste and abuse, particularly in health care, a top priority for the administration.  This is the fifth consecutive year that the program has increased recoveries over the past year, climbing from $2 billion in FY 2008 to over $4 billion every year since FY 2011.

The success of this joint Department of Justice and HHS effort was made possible in part by the Health Care Fraud Prevention and Enforcement Action Team (HEAT), created in 2009 to prevent fraud, waste and abuse in Medicare and Medicaid and to crack down on individuals and entities that are abusing the system and costing American taxpayers billions of dollars.

“With these extraordinary recoveries, and the record-high rate of return on investment we’ve achieved on our comprehensive health care fraud enforcement efforts, we’re sending a strong message to those who would take advantage of their fellow citizens, target vulnerable populations, and commit fraud on federal health care programs,” said Attorney General Eric Holder.  “Thanks to initiatives like HEAT, our work to combat fraud has never been more cooperative or more effective.  And our unprecedented commitment to holding criminals accountable, and securing remarkable results for American taxpayers, is paying dividends.”

“These impressive recoveries for the American taxpayer are just one aspect of the comprehensive anti-fraud strategy we have implemented since the passage of the Affordable Care Act,” said HHS Secretary Sebelius.  “We’ve cracked down on tens of thousands health care providers suspected of Medicare fraud. New enrollment screening techniques are proving effective in preventing high risk providers from getting into the system, and the new computer analytics system that detects and stops fraudulent billing before money ever goes out the door is accomplishing positive results – all of which are adding to savings for the Medicare Trust Fund.”

The new authorities under the Affordable Care Act granted to HHS and the Centers for Medicare & Medicaid Services (CMS) were instrumental in clamping down on fraudulent activity in health care.  In FY 2013, CMS announced the first use of its temporary moratoria authority granted by the Affordable Care Act.  The action stopped enrollment of new home health or ambulance enrollments in three fraud hot spots around the country, allowing CMS and its law enforcement partners to remove bad actors from the program while blocking provider entry or re-entry into these already over-supplied markets.

The Justice Department and HHS have improved their coordination through HEAT and are currently operating Medicare Fraud Strike Force teams in nine areas across the country. The strike force teams use advanced data analysis techniques to identify high-billing levels in health care fraud hot spots so that interagency teams can target emerging or migrating schemes as well as chronic fraud by criminals masquerading as health care providers or suppliers. The Justice Department’s enforcement of the civil False Claims Act and the Federal Food, Drug and Cosmetic Act has produced similar record-breaking results.  These combined efforts coordinated under HEAT have expanded local partnerships and helped educate Medicare beneficiaries about how to protect themselves against fraud.

In Fiscal Year 2013, the strike force secured records in the number of cases filed (137), individuals charged (345), guilty pleas secured (234) and jury trial convictions (46). Beyond these remarkable results, the defendants who were charged and sentenced are facing significant time in prison – an average of 52 months in prison for those sentenced in FY 2013, and an average of 47 months in prison for those sentenced since 2007.

In FY 2013, the Justice Department opened 1,013 new criminal health care fraud investigations involving 1,910 potential defendants, and a total of 718 defendants were convicted of health care fraud-related crimes during the year.  The department also opened 1,083 new civil health care fraud investigations.

The strike force coordinated a takedown in May 2013 that resulted in charges by eight strike force cities against 89 individuals, including doctors, nurses and other licensed medical professionals, for their alleged participation in Medicare fraud schemes involving approximately $223 million in false billings. As a part of the May 2013 takedown, HHS also suspended or took other administrative action against 18 providers using authority under the health care law to suspend payments until an investigation is complete.

In FY 2013, the strike force secured records in the number of cases filed (137), individuals charged (345), guilty pleas secured (234) and jury trial convictions (48). Beyond these remarkable results, the defendants who were charged and sentenced are facing significant time in prison – an average of 52 months in prison for those sentenced in FY 2013, and an average of 47 months in prison for those sentenced since 2007.

In March 2011, CMS began an ambitious project to revalidate all 1.5 million Medicare enrolled providers and suppliers under the Affordable Care Act screening requirements. As of September 2013, more than 535,000 providers were subject to the new screening requirements and over 225,000 lost the ability to bill Medicare due to the Affordable Care Act requirements and other proactive initiatives.  Since the Affordable Care Act, CMS has also revoked 14,663 providers and suppliers’ ability to bill the Medicare program. These providers were removed from the program because they had felony convictions, were not operational at the address CMS had on file, or were not in compliance with CMS rules.

HHS and the Justice Department are leading historic efforts with the private sector to bring innovation to the fight against health care fraud. In addition to real-time data and information exchanges with the private sector, CMS’ Program Integrity Command Center worked with the HHS Office of the Inspector General and the FBI to conduct 93 missions to detect, investigate, and reduce improper payments in FY 2013.

From May 2013 through August 2013, CMS led an outreach and education campaign targeted to specific communities where Medicare fraud is more prevalent.  This multimedia campaign included national television, radio, and print outreach and resulted in an increased awareness of how to detect and report Medicare fraud.

To read today’s report visit http://oig.hhs.gov/publications/docs/hcfac/FY2013-hcfac.pdf

For previous years’ reports visit https://oig.hhs.gov/reports-and-publications/hcfac/index.asp

For more information on the joint DOJ-HHS Strike Force activities, visit: www.StopMedicareFraud.gov/.