No one is sacred: Russia’s prosecutors could be entitled to investigate elites | RT

Source: Russia Today

In a new anti-corruption twist, Russia could introduce a special board of prosecutors entitled to investigate officials as high as Supreme Court judges, the prime minister or the president. A draft of the law has been submitted to the State Duma.

­The new board of prosecutors, as the draft bill says, will be able to go after officials that have otherwise been immune to investigation: the country’s president and ex-presidents, the General Prosecutor, the head of the Investigative Committee, MPs and so on.

What can push the proposed board into action? “The public’s profound negative reaction,” demonstrated in streams of complaints to the president or the parliament, according to the draft. The prosecutors would then look into damage to the public’s constitutional rights and freedoms.

The bill is set to fight corruption and “political extremism based on the assumption the political elite is immune to prosecution,” notes a comment to the draft law. The board, which is to consist of independent, experienced lawyers, will convene specially for each case.

The authors of the draft say that another reason to draft such a law was public doubts over the impartiality and completeness of investigations of high-profile crimes, such as the 2004 terror act in the southern city of Beslan, which took 334 lives with 186 children among them.

The committee would be 17-strong with the following makeup: five people put forward by the president; five by the State Duma; five by the Federation Council, the upper house of Parliament; and two by the human rights ombudsman.

Critics say this is far from an independent board, and as such its ability to fairly and impartially challenge authorities seems unlikely. Others grimly add that the draft law looks like another twist in the standoff between the General Prosecutor’s office and the Investigative Committee.

The draft law will land in Russia’s lower chamber as soon as this autumn.

White House gives Homeland Security control of all communication systems

Source: Russia Today

The White House has finally responded to criticism over US President Barack Obama’s hushed signing last week of an Executive Order that allows the government to command privately-owned communication systems and acknowledges its implications.

When President Obama inked his name to the Assignment of National Security and Emergency Preparedness Communications Functions Executive Order on July 6, he authorized the US Department of Homeland Security to take control of the country’s wired and wireless communications — including the Internet — in instances of emergency. The signing was accompanied with little to no acknowledgment outside of the White House, but initial reports on the order quickly caused the public to speak out over what some equated to creating an Oval Office kill switch for the Web. Now the Obama administration is addressing those complaints by calling the Executive Order a necessary implement for America’s national security.

“The [order] recognizes the creation of DHS and provides the Secretary the flexibility to organize the communications systems and functions that reside within the department as [Homeland Security Secretary Janet A. Napolitano] believes will be most effective,” White House spokeswoman Caitlin Hayden tells the Washington Post.

Hayden insists that “The [order] does not transfer authorities between or among departments,” but the order does indeed allow the DHS to establish and implement control over even the privately owned communication systems in the country, including Internet Service Providers such as Time Warner, Verizon and Comcast, if the administration agrees that it is warranted for security’s sake.

Immediately after last week’s signing, the Electronic Privacy Information Center (EPIC) said the order allowed the DHS “the authority to seize private facilities when necessary, effectively shutting down or limiting civilian communications.”

Following up with the Post this week, EPIC attorney Amie Stephanovich stands by that initial explanation, agreeing that the DHS can now “seize control of telecommunications facilities, including telephone, cellular and wireless networks, in order to prioritize government communications over private ones in an emergency.”

“The previous orders did not give DHS those authorities over private and commercial networks,” adds. Stepanovich. “That’s a new authority.”

According to the order, the DHS can take charge of “commercial, government, and privately owned communications resources” to satisfy what is described as “priority communication requirements.” With little insight from outside the White House, though, what constitutes such an emergency may very well be decided on by Washington, where the country’s elected leaders are still split on all things involving the Internet.

Even still, Stepanovich says that approaching Capitol Hill for comment before rushing through an Executive Order could have caused things to come out differently, but would have also arguably brought forth a firestorm such as the one that accompanied an attempt to pass the Stop Online Piracy Act. When Congress tried to pass SOPA this year — which included provisions that were argued to grossly regulate the Internet — protests nationwide played a massive part in killing the legislation.

“This should have been done by Congress, so there could have been proper debate about it,” Stepanovich tells the Post of last week’s signing. “This is not authority that should be granted by executive order.”

White House spokesperson Hayden adds to the Post, “Mobile phones, the Internet, and social media are all now integral to the communications landscape,” concreting still the allegations that this order could be used as a kill switch to any of the millions upon millions of handheld and desktop devices across the country.

Drug giant pleads guilty, fined $3B for drug marketing

Source: USA Today

WASHINGTON–Prescription drug giant GlaxoSmithKline will plead guilty and pay $3 billion to resolve federal criminal and civil inquiries arising from the company’s illegal promotion of some of its products, its failure to report safety data and alleged false price reporting as part of the largest health care fraud settlement in U.S. history, the Justice Department announced Monday.

The company agreed to plead guilty to three criminal counts, including two counts of introducing misbranded drugs — Paxil and Wellbutrin — and one count of failing to report safety data about the drug Avandia to the Food and Drug Administration.

Under the terms of the plea agreement, GSK(GSK) will pay a total of $1 billion, including a criminal fine of $956,814,400. The company also will pay $2 billion to resolve civil claims under the federal government’s False Claims Act.

“Today’s multibillion-dollar settlement is unprecedented in both size and scope,” Deputy Attorney General James Cole said. “At every level, we are determined to stop practices that jeopardize patients’ health, harm taxpayers, and violate the public trust – and this historic action is a clear warning to any company that chooses to break the law.”

Prosecutors say GSK encouraged use of Paxil for children although it was not approved for anyone under 18. The company also promoted Wellbutrin for uses besides major depressive disorder, its only approved use. They say that between 2001 and 2007 GSK failed to report on two studies of the cardiovascular safety of Avandia, a diabetes drug.

Glaxo is pleading guilty to these violations of FDA regulations, which are misdemeanors. It has set aside $3.5 billion to cover the cost of the fines and other penalties related to the government’s seven-year probe of the company’s marketing practices for Paxil, Wellbutrin and Avandia, three of its blockbuster drugs.

The company earlier set aisde $3 billion for legal costs tied to health problems that people taking Avandia and the other medicines are at risk of suffering.

Glaxo has already paid more than $700 million to resolve patient lawsuits, alleging Avandia caused heart attacks and strokes. Many of the Avandia cases have been consolidated before a federal judge in Philadelphia.