Alan S. Goldberg materials linked at http://world.std.com/~goldberg and http://www.healthlawyer.com on February 16, 2005
Open
Source Contributor License Agreement: source code, derived works, no
discrimination, distribution, copyright, patent, and
support
The
Apache License
http://www.apache.org/licenses/LICENSE-2.0.html
The
BSD License
http://www.opensource.org/licenses/bsd-license.php
The
MIT License
http://www.opensource.org/licenses/mit-license.html
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http://www.openhealth.com/en/healthlinks.html
http://www.linuxmednews.com/linuxmednews/index_html
http://www.hi-europe.info/library/opensource/default.htm
http://bioinformatics.org/search/
http://www.fcw.com/fcw/articles/2004/1122/news-va-11-22-04.asp
www.cms.hhs.gov/providerupdate/regs/cms1269n.pdf
http://www.cms.hhs.gov/quality/VistAQsAs.pdf
http://www.mozilla.org/products/firefox/
http://www.internetnews.com/ent-news/article.php/3482261
_________________________________________________________
_________________________________________________________
Anti-terrorism,
anti-moneylaundering & Patriot Act: warranties, representations, covenants,
and diligence that's due
The Financial Crimes Enforcement Network
(FinCEN) is a network, as reflected by its name. It brings people and
information together to fight the complex problem of money laundering, linking
federal, state, local and international law enforcement, regulatory and
financial communities together for the purpose of preventing and detecting
financial crimes
__________________________________________________
The
official title of the USA PATRIOT Act is "Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT) Act of 2001."
http://www.fincen.gov/pa_main.html
________________________________________________
(5/28/04)
FinCEN
was created in 1990 to support federal, state, local, and international law
enforcement by analyzing the information required under the Bank Secrecy Act
(BSA), one of the nation's most important tools in the fight against money
laundering. The BSA's recordkeeping and reporting requirements establish a
financial trail for investigators to follow as they track criminals, their
activities, and their assets. Over the years, FinCEN staff has developed its
expertise in adding value to the information collected under the BSA by
uncovering leads and exposing unknown pieces of information contained in the
complexities of money laundering schemes.
Dirty
money can take many routes—some complex, some simple, but all
increasingly inventive—the ultimate goal being to disguise its source.
The money can move through banks, check cashers, money transmitters,
businesses, casinos, and even be sent overseas to become clean, laundered
money. The tools of the money launderer can range from complicated financial
transactions, carried out through webs of wire transfers and networks of shell
companies, to old-fashioned currency smuggling.
_______________________________________________________
http://www.fincen.gov/le_main.html
Office
of Foreign Assets Control
--------------------------------------------------------------------------------
Mission
The
Office of Foreign Assets Control ("OFAC") of the US Department of the
Treasury administers and enforces economic and trade sanctions based on US
foreign policy and national security goals against targeted foreign countries,
terrorists, international narcotics traffickers, and those engaged in
activities related to the proliferation of weapons of mass destruction. OFAC
acts under Presidential wartime and national emergency powers, as well as
authority granted by specific legislation, to impose controls on transactions
and freeze foreign assets under US jurisdiction. Many of the sanctions are
based on United Nations and other international mandates, are multilateral in
scope, and involve close cooperation with allied
governments
http://www.treas.gov/offices/enforcement/ofac/index.shtml
____________________________________________________
For
Immediate Release
Office
of the Press Secretary
September
24, 2001
Executive Order on Terrorist
Financing
Blocking
Property and Prohibiting Transactions With
Persons
Who Commit, Threaten to Commit, or Support Terrorism
http://www.whitehouse.gov/news/releases/2001/09/20010924-1.html
_____________________________________________________
International
Emergency Economic Powers Act ("IEEPA")
http://www.treas.gov/offices/enforcement/ofac/legal/statutes/ieepa.pdf
______________________________________________________
Office
of Foreign Assets Control
--------------------------------------------------------------------------------
SDN
and Blocked Persons
LAST
UPDATED: January 28, 2005
Specially
Designated Nationals (SDN) List - Alphabetical master list of Specially
Designated Nationals and Blocked Persons
SDN
Changes - Recent changes to master list of Specially Designated Nationals
and Blocked Persons
SDN
List in database-ready formats - SDN list in delimited, fixed-width, CSV and
XML formats
http://www.treas.gov/offices/enforcement/ofac/sdn/
_______________________________________________
The
Department of Commerce's Bureau of Industry and Security (BIS) maintains two
lists -- the "Denied Persons List" and the "Entity
List" for Contract Officer consideration. For those transactions
that may involve
exports from the United States or reexports of U.S.-origin items, parties
(including U.S. Government officials) are encouraged to review the Export
Administration Regulations (15 C.F.R. 730 et. seq.) maintained by BIS (
www.bis.doc.gov). For any questions regarding such matters, please contact
BIS's Office of Exporter Services at (202)
482-4811.
http://epls.arnet.gov/News.html
_______________________________________________
The
Department of Justice's first priority is to prevent future terrorist attacks.
Since its passage following the September 11, 2001 attacks, the Patriot Act has
played a key part - and often the leading role - in a number of successful
operations to protect innocent Americans from the deadly plans of terrorists
dedicated to destroying America and our way of life. While the results have
been important, in passing the Patriot Act, Congress provided for only modest,
incremental changes in the law. Congress simply took existing legal principles
and retrofitted them to preserve the lives and liberty of the American people
from the challenges posed by a global terrorist
network.
http://www.lifeandliberty.gov/
_______________________________________________
The
OIG, under this Congressional mandate, established a program to exclude
individuals and entities affected by these various legal authorities, contained
in sections 1128 and 1156 of the Social Security Act, and maintains a list of
all currently excluded parties called the List of Excluded
Individuals/Entities.
Bases
for exclusion include convictions for program-related fraud and patient abuse,
licensing board actions and default on Health Education Assistance
Loans.
http://oig.hhs.gov/fraud/exclusions.html
http://oig.hhs.gov/fraud/docs/alertsandbulletins/effected.htm
List
of Excluded Individuals/Entities
An
OIG exclusion has national scope and is important to many institutional health
care providers because the Congress of the United States established a Civil
Monetary Penalty for institutions that knowingly hire excluded parties.
Accordingly, the OIG maintains the List of Excluded Individuals/Entities
(LEIE), a database which provides information to the public, health care
providers, patients and others relating to parties excluded from participation
in the Medicare, Medicaid and all Federal health care
programs.
http://oig.hhs.gov/fraud/exclusions/listofexcluded.html
_______________________________________________
TITLE
18 > PART I > CHAPTER 95 > § 1956
§ 1956. Laundering of monetary
instruments
Release
date: 2004-08-06
(a)
(1) Whoever, knowing that the property
involved in a financial transaction represents the proceeds of some form of
unlawful activity, conducts or attempts to conduct such a financial transaction
which in fact involves the proceeds of specified unlawful
activity—
(A)
(i) with the intent to promote the
carrying on of specified unlawful activity; or
(ii)
with intent to engage in conduct constituting a violation of section 7201 or
7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is
designed in whole or in part—
(i) to conceal or disguise the nature,
the location, the source, the ownership, or the control of the proceeds of
specified unlawful activity; or
(ii) to avoid a transaction reporting
requirement under State or Federal law,
shall
be sentenced to a fine of not more than $500,000 or twice the value of the
property involved in the transaction, whichever is greater, or imprisonment for
not more than twenty years, or both.
http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001956----000-.html
_______________________________________________
SUPREME
COURT OF THE UNITED STATES Nos. 03–1293 and 03–1294 DAVID
WHITFIELD, PETITIONER 03–1293 v. UNITED STATES HAYWOOD EUDON HALL, AKA
DON HALL, PETITIONER 03–1294 v. UNITED STATES ON WRITS OF CERTIORARI TO
THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT [January 11, 2005]
JUSTICE O'CONNOR delivered the opinion of the Court. These cases present the
question whether conviction for conspiracy to commit money laundering, in
violation of 18 U. S. C. §1956(h), requires proof of an overt act in
furtherance of the conspiracy. We hold that it does
not.
________________________________________________
FinCEN,
A Money Services Business Guide to Money Laundering Prevention, available at http://www.fincen.gov/msb_prevention_guide.pdf
FinCEN Rulings as
to Whether a Particular
Business is a Money Services Business Required to Register with FinCEN. http://www.fincen.gov/reg_rulings.html
OFAC, What You
Need to Know about U.S. Sanctions: http://www.treas.gov/offices/enforcement/ofac/sanctions/t11ter.pdf
FinCEN, Guidance
on Customer Identification
Regulations, FAQs: Final CIP Rules (January 2004), http://www.fincen.gov/finalciprule.pdf
_______________________________________________