CONGRESSIONAL TESTIMONY

This Testimony is Embargoed Until Thursday, February 2nd at 9:00 AM

Please visit: http://waysandmeans.house.gov/committeesubmissions/ and submit your comment for the record. There are many of us out there who have suffered as the result of losing our child and then having a thief take our kids' social security numbers. Please consider submitting a comment.

FROM: Jonathan Eric Agin, Esq.
TO: House Ways and Means Committee,
Subcommittee on Social Security
DATE: February 2, 2012
RE: H.R. 3475

Good morning Mr. Chairman and members of the Committee. Thank you for allowing
me to be here today to testify on this issue of vital importance.

My family's story begins with the diagnosis of our amazing daughter, Alexis Gina Agin, with a terminal brain tumor at the age of two on April 10, 2008. Ultimately, this terrible disease took her life on January 14, 2011, just two weeks shy of her fifth birthday. Alexis was and is my hero. Fighting valiantly until the end, she has inspired thousands around the world with her journey.

In 2010, my wife and I travelled with Alexis up and down the East Coast trying several experimental treatments, in a desperate attempt to save her. With each trip, Alexis' medical bills mounted. When it came time to file our 2010 taxes, compiling all of our receipts for the medical expenses was time-consuming and emotionally draining. Accordingly, my wife and I, through our accountant, filed with the IRS for an extension. In October 2011, after completing the difficult and grueling task of finalizing our 2010 taxes, I received a telephone call from our accountant advising us that someone had already filed a tax return for 2010 using Alexis' social security number. Beyond being completely stunned at that very moment, we were advised that we would not be able to file an electronic return. Instead, our accountant would have to complete the paper forms and file them in the traditional manner. More importantly for purposes of HR 3475, he told us that we ultimately would have to prove that our deceased daughter was, in fact, our daughter. In situations involving this type of criminal fraud, the IRS credits the first filer and presumes that the initial filing is accurate.

That same day, we reached out to the community of grieving cancer parents that we have come to know since April 2008 and told them what had happened. With incredulous amazement, we learned within a single hour of no fewer than fourteen other families whose children had died and also had experienced the additional travesty of their child's social security number being stolen. Clearly we were not alone. We then learned through our own research and from other parents that this is, in fact, a very widespread issue impacting parents who lose a child due to any and all reasons imaginable.

Not surprisingly, when I first learned that Alexis' social security number had been fraudulently used, I wanted to know how someone could have found it. Within a matter of seconds on the internet, I was able to locate her complete social security number and other personal identifying information, including her birth and death dates, on several websites intended for genealogical research. I immediately contacted one of the services, who directed me to the service's outside counsel. When I asked the attorney to remove my daughter's personal information from the website, he advised me that the service was within its legal rights to display the information and that it refused to remove her social security number. The attorney cited as support for their position a 1980 consent judgment between the United States Government and a private citizen, Ronald Perholtz. It was at that point that we truly realized how significant this problem is, and more importantly, how the federal government is partly to blame. It is my belief that the federal government is responsible for providing identity thieves the information required to commit this costly crime. By affording widespread access to this type of information, the federal government provides the perfect platform for the commission of this crime.

The common denominator in this story is the Death Master File (hereinafter "DMF"). The Social Security Administration makes the DMF available to the National Technical Information Service (NTIS) of the Department of Commerce, who then sells the DMF to private and public sector customers, including government agencies, financial institutions, investigative entities, credit reporting organizations, genealogical researchers and other industries. Some of
these purchasers, namely organizations hosting websites aimed at facilitating genealogical research, then make available the DMF for free to the public at large. It therefore is available to nearly anyone and perpetuates identity theft and fraud against the federal and state governments at astronomical levels. As a taxpayer and parent of a child who passed away from cancer, I am outraged at the most private information of our children being made commercially available.
Not only is this a significant invasion of my child's privacy, but it adds to the tremendous grief that my wife and I live with on a daily basis and will continue to live with for the rest of our lives. While it may seem trivial to some, Alexis' social security number is one of the only things that we have left of her identity. Thus, the theft of it robbed us of something truly priceless.

Due to an ongoing media probe and public pressure, the IRS for the first time recently responded to inquiries on this issue, and estimated that there were approximately 350,000 fraudulent tax filings in 2010. According to IRS officials, these fraudulent filings claimed $1.25 billion in refunds.¹ The cost to the federal government to investigate and prosecute that magnitude of fraud could be spent in much better ways, including research to fund cures for our children.

In addition, it is worth noting that the federal government discloses far more information than is required under the 1980 settlement. In June 2008, the Inspector General of the Social Security Administration issued a critical report detailing how publication of the DMF has resulted in the breach of citizens' personally identifiable information.² The report concludes that
the Social Security Administration "discloses far more detailed personal information in the DMF than required under the original consent judgment that resulted in the creation of the DMF. Under the terms of the agreement, SSA was to compile a list that identified deceased numberholders' SSNs, surnames and dates of death. However, SSA expanded the information published in the DMF to include the decedent's date of birth, first and middle name, and last known residential state/zip code."³ The report's conclusion is simple: less information should be released, and greater efforts at accuracy and protection must be taken.

Significantly, Ronald Perholtz, the man who filed the lawsuit that led to the 1980 consent judgment resulting in creation of the DMF, sought release of the information to help reduce fraud. Specifically, he wanted the information as a tool for pension companies to identify theft of pension benefits. Soon after learning the DMF was created, Mr. Perholtz learned that the DMF frequently listed the social security numbers of people who were not, in fact, dead.⁴
Now, he believes that changes need to be made in order to stop this type of fraud. Indeed, Mr. Perholtz stated that he is willing to renegotiate the original settlement as he feels so strongly that the DMF is being abused.⁵

H.R. 3475 is a solution to a significant problem that affects not only grieving parents, but also every family who loses a loved one. It also is a solution to a problem that was never anticipated, and would eliminate dissemination by the federal government of extraneous information that it is not required to release. This additional information, along with the readily accessible nature of individuals' social security numbers, has provided identity thieves an avenue
to commit this crime and defraud the taxpayers and government.

Those who argue that the release of this information is critical to combat fraud and conduct genealogical research fail to understand that this Bill is not intended to prevent or limit the lawful use of Social Security Numbers or genealogical research. First, I would say to any individual conducting genealogical research, why do you need to know my daughter's social security number? Why should it be publicly available to anyone with a computer? What purpose does her full social security number, along with her birth and death dates, address, and
other personal identifying information have for your familial research? The clear answer is that it has absolutely no purpose. Alexis didn't die a long time ago—she died last year. While it may be difficult to find information about your ancestors from generations ago, it should not be hard to confirm your familial connection (or lack thereof) to someone born just six years ago.

More importantly, this Bill will not prevent credit bureaus and financial institutions from fulfilling their charge of protecting us from fraud. To the contrary, because access to this information will be more restricted, these institutions will be more empowered knowing that the potential incidence rates of identity theft and fraud will be curtailed. Potentially far fewer
instances of fraud against lawful citizens will be committed, thus reducing the amount of investigation necessary. The intent of this legislation is not to limit or prohibit financial institutions from investigating fraud; rather it is to prohibit the widespread publication and easy access of personal information that is utilized by criminals to defraud the government. As for hospitals and other institutions who claim to utilize the DMF to determine if their patients are
deceased, I submit that there are other far less destructive methods to make such determinations and conduct your research. Again, this Bill is not aimed at those who have a legitimate need for access to individuals' social security numbers and they will continue to have access to this information.

I have been told that in most cases, the government does not have the resources to
prosecute this crime. It either is too costly, or the government simply does not have the ability to track and punish those who are stealing from it and taxpayers alike. If this crime was prevented, to the best extent possible upfront with this simple measure, there would be little concern regarding the cost to prosecute as more resources could be made available, stiffer penalties proscribed and additional deterrents fully understood.

In closing, this is not a victimless crime. My daughter is a victim. She was victimized twice. Once by the cancer that stole her from this earth, and then by a cold-hearted criminal who stalked her and utilized her death for profit. It disgusts me to no end to know that someone prayed upon my daughter's death for his or her own gain. It is an added insult for a grieving parent. It is nothing short of a despicable crime and the release of Alexis' complete social security number and other personal identifiers to the general public facilitated this crime. But
this simply is not an emotionally charged issue, as some argue. Fraud is not something that we simply should accept as a necessary consequence of easy access to information. Yes, security breaches will always be possible regardless of the measures that we put into place. But when there is a simple fix to a significant problem that affects all taxpayers, the fix should be taken seriously and enacted with haste. It is time that this loophole is closed and this legislation is the
manner in which to accomplish this aim. Nothing short of this will accomplish the task. It is simple and to the point, and in this era when our government is struggling to find ways to save money for the taxpayer, it is a very easy fix with little to no consequences or repercussions to citizens of this country.

Thank you Mr. Chairman and distinguished members of the Committee.
Jonathan Eric Agin


¹ Dale McFeatters, Govt. shares blame as ID theft worsens, available at
http://bostonherald.com/news/opinion/op_ed/view/2011_1105govt_shares_blame_as_id_theft_worsens
(November 5, 2011).

² Office of the Inspector General, Social Security Administration, Personally Identifiable Information Made
Available to the General Public Via the Death master File, Audit Report A-06-08-18042 (June 2008).

³ Id. at 6.

⁴ Thomas Hargrove, Social Security 'Death File' designed to fight fraud but now aids it, available at
www.scrippsnews.com (November 14, 2011).

⁵ Id.

Cancer sequencing initiative discovers mutations tied to aggressive childhood brain tumors

St. Jude Children's Research Hospital – Washington University Pediatric Cancer Genome Project provides first evidence linking cancer to mutations in genes involved in DNA organization

 Memphis, Tennessee, January 29, 2012

Researchers studying a rare, lethal childhood tumor of the brainstem discovered that nearly 80 percent of the tumors have mutations in genes not previously tied to cancer. Early evidence suggests the alterations play a unique role in other aggressive pediatric brain tumors as well.

The findings from the St. Jude Children’s Research Hospital – Washington University Pediatric Cancer Genome Project (PCGP) offer important insight into a poorly understood tumor that kills more than 90 percent of patients within two years. The tumor, diffuse intrinsic pontine glioma (DIPG), is found almost exclusively in children and accounts for 10 to 15 percent of pediatric tumors of the brain and central nervous system.

“We are hopeful that identifying these mutations will lead us to new selective therapeutic targets, which are particularly important since this tumor cannot be treated surgically and still lacks effective therapies,” said Suzanne Baker, Ph.D., co-leader of the St. Jude Neurobiology and Brain Tumor Program and a member of the St. Jude Department of Developmental Neurobiology. She is a corresponding author of the study published in the January 29 online edition of the scientific journal Nature Genetics.

DIPG is an extremely invasive tumor that occurs in the brainstem, which is at the base of the skull and controls such vital functions as breathing and heart rate. DIPG cannot be cured by surgery and is accurately diagnosed by non-invasive imaging. As a result, DIPG is rarely biopsied in the U.S. and little is known about it.

Cancer occurs when normal gene activity is disrupted, allowing for the unchecked cell growth and spread that makes cancer so lethal. In this study, investigators found 78 percent of the DIPG tumors had alterations in one of two genes that carry instructions for making proteins that play similar roles in packaging DNA inside cells. Both belong to the histone H3 family of proteins. DNA must be wrapped around histones so that it is compact enough to fit into the nucleus. The packaging of DNA by histones influences which genes are switched on or off, as well as the repair of mutations in DNA and the stability of DNA. Disruption of any of these processes can contribute to cancer.

Researchers said that the mutations seem unique to aggressive childhood brain tumors.

“It is amazing to see that this particular tumor type appears to be characterized by a molecular ‘smoking gun’ and that these mutations are unique to fast-growing pediatric cancers in the brain,” said Richard K. Wilson, Ph.D., director of The Genome Institute at Washington University School of Medicine in St. Louis and one of the study’s corresponding authors. “This is exactly the type of result one hopes to find when studying the genomes of cancer patients.”

The results are the latest from the PCGP, an ambitious three-year effort to sequence the complete normal and cancer genomes of 600 children with some of the most poorly understood and aggressive pediatric cancers. The human genome includes the complete set of instructions needed to assemble and sustain human life. The goal is to identify differences that explain why cancer develops, spreads and kills. Researchers believe the findings will provide the foundation for new tools to diagnose, treat or prevent the disease.

For this study, researchers sequenced the complete normal and cancer genomes of seven patients with DIPG. “The mutations were found at such high frequency in the cancer genomes of those seven patients that we immediately checked for the same alterations in a larger group of DIPGs,” Baker said. When researchers sequenced all 16 of the related genes that make closely related variants of histone H3 proteins in an additional 43 DIPGs, they found many of the tumors contained the same mistakes in only two of these genes.

Of the 50 DIPG tumors included in this study, 60 percent had a single alteration in the makeup of theH3F3A gene. When the mutated gene was translated into a protein, the point mutation led to the substitution of methionine for lysine as the 27th amino acid in this variant of histone H3 protein. Another 18 percent of the DIPG patients carried the same mistake in a different gene, HIST1H3B.

Researchers are now working to understand how mutations in H3F3A and HIST1H3B impact cell function and contribute to cancer. Earlier research provides some clues. The lysine that is mutated is normally targeted by enzymes that attach other molecules to histone H3, influencing how it interacts with other proteins that regulate gene expression, Baker said. Mutations in the enzymes that target histone H3 have been identified in other cancers, but this is the first report showing a specific alteration of histones in cancer.

H3F3A and HIST1H3B were also mutated in other aggressive childhood brain tumors, glioblastoma, that develop outside the brain stem. Of 36 such tumors included in this study, 36 percent carried one of three distinct point mutations in the genes. The alterations included another single change in the makeup of H3F3A not found in DIPGs.

The histone H3 genes, however, were not mutated in any of the 252 other childhood tumors researchers checked for this study. The list included the brain tumors known as low-grade gliomas, medulloblastomas and ependymomas plus other cancers outside the brain and nervous system. The H3 changes have not been reported in any other cancers, including adult glioblastoma. “This suggests these particular mutations give a very important selective advantage, particularly in the developing brainstem and to a lesser degree in the developing brain, which leads to a terribly aggressive brain tumor in children, but not in adults,” Baker said.

“This discovery would not have been possible without the unbiased approach taken by the Pediatric Cancer Genome Project,” Baker said. “The mutations had not been reported in any other tumor, so we would not have searched for them in DIPGs. Yet the alterations clearly play an important role in generating this particular tumor.”

The study’s first authors are Gang Wu, Alberto Broniscer and Troy McEachron, all of St. Jude. The study’s other corresponding authors are Jinghui Zhang and James Downing, both of St. Jude. The other study authors are Charles Lu, Li Ding and Elaine Mardis, all of Washington University; and Barbara Paugh, Jared Becksfort, Chunxu Qu, Robert Huether, Matthew Parker, Junyuan Zhang, Amar Gajjar, Michael Dyer, Charles Mullighan, Richard Gilbertson and David Ellison, all of St. Jude.

The research was funded in part by the PCGP, including Kay Jewelers, a lead project sponsor; the National Institutes of Health, the Sydney Schlobohm Chair of Research from the National Brain Tumor Society; the Cure Starts Now Foundation, Smile for Sophie Forever Foundation, Tyler’s Treehouse Foundation, Musicians Against Childhood Cancer, the Noyes Brain Tumor Foundation and ALSAC.

St. Jude Children’s Research Hospital
Since opening 50 years ago, St. Jude Children’s Research Hospital has changed the way the world treats childhood cancer and other life-threatening diseases. No family ever pays St. Jude for the care their child receives and, for every child treated here, thousands more have been saved worldwide through St. Jude discoveries. The hospital has played a pivotal role in pushing U.S. pediatric cancer survival rates from 20 to 80 percent overall, and is the first and only National Cancer Institute-designated Comprehensive Cancer Center devoted to children. It is also a leader in the research and treatment of blood disorders and infectious diseases in children. St. Jude was founded by the late entertainer Danny Thomas, who believed that no child should die in the dawn of life. Join that mission by visiting www.stjude.org or following us on www.facebook.com/stjude and Twitter@StJudeResearch.

Washington University School of Medicine
Washington University School of Medicine’s 2,100 employed and volunteer faculty physicians also are the medical staff of Barnes-Jewish and St. Louis Children’s hospitals. The School of Medicine is one of the leading medical research, teaching and patient care institutions in the nation, currently ranked fourth in the nation by U.S. News & World Report. Through its affiliations with Barnes-Jewish and St. Louis Children’s hospitals, the School of Medicine is linked to BJC HealthCare.

St. Jude Media Relations Contacts

Summer Freeman (desk) (901) 595-3061 (cell) (901) 297-9861 summer.freeman@stjude.org

Carrie Strehlau (desk) (901) 595-2295 (cell) (901) 297-9875 carrie.strehlau@stjude.org.

Washington University Media Relations Contact

Caroline Arbanas
(cell) (314) 445-4172
(desk) (314) 286-0109
arbanasc@wustl.edu

http://www.stjude.org/baker-DIPG

A soo-weet collaboration between entrepreneurship, philanthropy, and BBQ

Hogs for the Cause founders Becker Hall and Rene Louapre
with their inspiration, Ben

This post is dedicated to the memory of Ben Sarrat Jr. for the movement he inspired.

The formula for the first annual pig roast was simple: a few friends, a pig, and a keg. However, when Hogs for the Cause founders Becker Hall and Rene Louapre met Ben Sarrat, Jr., they were inspired to use their pig roast at the Fly to raise money for a family friend in need.

With that newfound motivation and drive, the duo has turned what was an idea for a small, pork infused gathering with friends into a highly anticipated festival that continues to triple in size each year.

In true New Orleans form, Hall and Louapre go back to childhood. Having grown up together, they always considered each other as brothers, and now play the roles of business partners with equal ease. Part of their success can be traced to the evident camaraderie and balance between the businessman and the lawyer, but their conviction and motivation has turned the young professionals into moonlighting entrepreneurs and philanthropists.

In 2009, the two friends and culinary aficionados came up with the idea of hosting a pig-roast, a tailgate tradition from Hall's alma mater at the University of South Carolina, and a surprisingly new concept to New Orleans.

Shortly after they decided to add a philanthropic component to their roast, they met Ben. The young son of a family friend had been diagnosed with DIPG, an incurable brain tumor that cannot be removed because of its location on the brain stem, typically giving those who are diagnosed only one year of survival after detection. Hall and Louapre were taken by Ben's enthusiasm and courage and decided to use their pig roast to raise money to help him and his family. Within a month, Hogs for the Cause was incorporated and registered as a 501c(3) non-profit organization.

"Meeting Ben was a really profound moment for us both, and immediately changed everything," Hall says of this pivotal moment that inspired their endeavor. "Even with such terrible circumstances, he still continued to have a genuine enthusiasm for life. At that point, we decided to do whatever we could to help Ben have the happy childhood he deserved."

In their first year, Hall and Louapre, along with 250 friends, raised $10,000 to help support Ben's family with their expenses. However, they knew they could do more.

The week before their second Hogs for the Cause, Ben tragically lost his battle to DIPG. However, his story only reinforced Hall and Louapre's mission and drive to continue their fundraising for other families. In its second year, Hogs for the Cause drew in 2,500 people and raised $30,000, with a large portion of it going to support families like the Sarrats.

Hogs for the Cause's mission is to alleviate some of the financial burden families face when a child is being treated for pediatric brain cancer. The money raised goes toward grants that help cover the peripheral expenses that insurance does not otherwise pay for, such as travel and lodging expenses incurred during cancer treatment.

Hall and Louapre filled a void of funding resources for pediatric cancer outreach services, as well as another void that New Orleans was ironically missing: pork cook-offs. In 2011, Hogs for the Cause moved from the Fly to City "Pork," where they raised $100,000 for their cause, along with the help of 45 teams battling it out with their pork creations and 7,000 attendees.

And that was only year three.

This year, within three weeks of registration opening, 60 spots were filled with teams of pork enthusiasts, amateur cooks, award-winning BBQ experts, and renowned chefs and restaurant owners. Besides their genuine enthusiasm to support the cause, the teams participate for the opportunity to prove their culinary skills and compete for the ultimate title of Grand Champion. To them, the pork cook-off is merely the grand finale of a year spent practicing recipes and practicing witty twitter banter and intimidation between the teams. (I train my stomach's pork capacity by reading their twitter feeds during this time. I recommend you do the same.)

The participants all compete in several categories, including Ribs, Whole Hog, Butt, Porkpourri, Grand Champion (who must Compete in three of the four aforementioned categories), Best Booth and Presentation, Fundraising Champion, Best Sauce, and Fan Favorite, which gives the fans a voice and opportunity to vote through the Hogs for the CauseiPhone app.

While Hogs for the Cause founders are grateful for the loyalty and enthusiasm of all the competitors, the team members continue to gain recognition for their participation in the competition as well. After winning last year's Porkpourri category, Chef Adam Biderman credited his participation in Hogs for the Cause for the inadvertent loyal following he built before opening The Company Burger last August.

This year, Biderman will be back to defend his title and continue his support to the cause, along with other local chefs, including Aaron Burgau of Patois, Drew Dzejak of The Windsor Court's Grill Room, Chefs Allison and Slade Rushing from MiLa, and Le Petite Grocery's Chef Justin Devillier, just to name a few.

Hogs for the Cause is March, 24th 2012

Hogs for the Cause is March, 24th 2012

Six bands have also been confirmed to perform on theNOLA Brewing stage this year, includingTrombone Shorty & Orleans Avenue,Voice of the Wetlands All-Stars, 2012 Grammy nominated artistMarcia Ball, The Stooges Brass Band,Mississippi Rail Company, and Austin, Texas' The Gourds.

While the event now launches the beginning of festival season in New Orleans and continues to grow significantly each year, Hall and Louapre still find that the greatest reward is being able to help their grant recipients.

"The greatest feeling in the world is walking into a room and delivering to a family a sign of hope," said Louapre about his motivation to continue the growth of the annual cook-off. "These are families with odds stacked against them. Their child is fighting against a brutal killer, and to be able to deliver just a small dose of help -- a reassurance that people care and a big hug of humanity -- makes it all worth it."

The entrepreneurial-minded team attributes the growth of their brand to their conviction and passion to help the families in need. And, when asked about where they see Hogs for the Cause in five years, they both agreed on being at the forefront of funding sources for pediatric brain cancer outreach services. Louapre added, "The cook-off will have 125 teams, there will be two stages of live music, and Becker and I (who have known each other our whole lives and are almost brothers) will still be fighting over minor details as we continue to make Hogs better."

Hall's vision includes taking the fundraising to a national level with cook-offs across the country.

While they might already be sparring about the exact coordinates of their five-year benchmark, it's unmistakable that their brotherly dynamic has helped them surpass even their own expectations. So, who's to say it won't all be possible?

The country's largest cook-off and nationally renowned charity based out of New Orleans is merely just a baby step toward what they can accomplish together. What's in store for March 24, 2012? Meatier competition, a new music lineup, larger location in City "Pork," an adult "porkade," frolf (frisbee-golf) games, a new iPhone app, and bigger fundraising goals.

To learn more, purchase tickets, and make a donation, visit their website, and follow them on Twitter and Facebook for all the updates and witty pork puns. Download the iPhone app to learn more about Hogs for the Cause, stay updated with the competition, vote for fan favorite, and purchase tickets.

Pre-Sale General admission tickets for $10, as well as ticket packages that include unlimited food and beer, judging privileges, and access to the "Boss Hog" tent, are available now and can be purchased online or on the iPhone App.

http://www.nola.com/nolavie/index.ssf/2012/01/a_soo-weet_collaboration_betwe.html