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

 

________________________________________________

 

http://www.opensource.org/

 

http://www.apache.org/

 

http://www.linux.org/

 

http://www.mysql.com/

 

http://www.openssl.org/

 

http://www.oshca.org/

 

http://www.openhealth.com/en/healthlinks.html

 

http://www.euspirit.org/

 

http://www.openhealth.org/

 

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://search2.cms.hhs.gov/search?q=cache:k7Mz0QrNhMYJ:www.cms.hhs.gov/providerupdate/regs/cms1269n.pdf+open+source&access=p&output=xml_no_dtd&site=default_collection&oe=UTF-8&client=default_frontend&proxystylesheet=default_frontend

 

http://www.cms.hhs.gov/quality/VistAQsAs.pdf

 

http://search2.cms.hhs.gov/search?q=cache:4O0P9FYCuvMJ:www.cms.hhs.gov/quality/VistAQsAs.pdf+open+source&access=p&output=xml_no_dtd&site=default_collection&oe=UTF-8&client=default_frontend&proxystylesheet=default_frontend

 

http://www.mozilla.org/products/firefox/

 

http://www.internetnews.com/ent-news/article.php/3482261

 

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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

 

http://www.fincen.gov/

 

__________________________________________________

 

 

 

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

 

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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

 

http://64.233.161.104/search?q=cache:fH72YUXpcTAJ:www.treas.gov/offices/enforcement/ofac/legal/statutes/ieepa.pdf+ieepa&hl=en

 

______________________________________________________

 

 

 

Office of Foreign Assets Control

 

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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.

 

http://a257.g.akamaitech.net/7/257/2422/11jan20051115/www.supremecourtus.gov/opinions/04pdf/03-1293.pdf

 

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    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

 

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