on the broadcast tonight, refund ripoff. sounding the alarm about a growing epidemic, identity theft. and tonight, why a lot of americans filing their taxes might be in for a huge surprise. the scandal at the u.s. secret service. new calls for answers about what happened on the road in colombia. we'll hear from a former director of the agency. aming "discovery." the incredible sight in the skies over washington today. a final mission low and slow on its way into retirement. and bird's-eye view. the first of its kind. how they're counting every emperor penguin in antarctica from way up above. "nightly news" begins now. captions paid for by nbc-universal television

good evening. because this year's april 15th tax deadline has been pushed to today, a lot americans are working right up until tonight on getting their taxes in. and this year more than any time before, there are thousands of americans who will submit their returns tonight, and then wonder where their refund is. and when they inquire about it, they'll be told, it went out long ago. the problem is, they won't have received it, someone else will, because of identity theft. it's tax fraud plain and simple, and this, right now, is the time of year when it hits home. our justice correspondent pete williams is at the irs tonight to start us off. pete, good evening. >> reporter: and, brian, this is now the fastest growing tax fraud out there. someone steals your identity, gets your social security number, claims to be you, and then files for a tax refund in your name, greatly complicating

your ability to get the money you legitimately have coming. the latest to be charged with running this booming kind of scam is a russian national from brookl brooklyn, age 31. charged today with setting up a phony website, promising to help people find jobs. investigators who tracked him say all it really did was steal the identities of people who turned to it for help. >> what is particularly sad about this instance is the individual's focus on the unemployed, the low income, the people who were looking to better themselves, and taking advantage of them. >> reporter: prosecutors say he pocketed nearly half a million dollars in tax refund money. two years ago the irs caught 49,000 cases of refund fraud. now, it's over 260,000 a year, with two million returns under review so far this year. last year alone, the irs says it stopped phony claims for $1.4 billion in refunds. it happened to bart cohen, a retired miami police officer.

he expected a $4,000 refund, but when he filed his taxes, the irs told him, somebody else beat him to it. >> it's just a huge nightmare that you just can't believe is happening. >> reporter: it took months to straighten out. he only recently got his refund, the one due last year. the irs says it's assigned hundreds more staff to help detect fraud, looking for mismatches with family and address data from past filings. but a deputy irs commissioner says it's hard to spot the phonies, especially with pressure to get refunds sent quickly. >> millions of taxpayers move every year. millions of taxpayers have children. millions of taxpayers change jobs. so we have to go through the process of validating, are you really who you say you are? >> reporter: how to protect yourself, number one, say the experts, safeguard your social security number, often the key to identity theft. don't use it as a password or enter it on a website. the irs will never ask for

personal information in an e-mail. and something to think about for next year, file your tax return early so you get your refund before somebody else does. brian? >> pete williams at the irs to start us off tonight. pete, thanks. on capitol hill today, a second day of congressional hearings on the lavish spending on trips by employees of the federal general services administration, the gsa, all of it right now being exposed. the executive at the center of if all, did not show up today, but the agency's inspector general told lawmakers, he couldn't believe what he found when he started investigating this. our report tonight from nbc's lisa myers. >> reporter: the man at the center of the scandal, gsa's jeff neeley, did not show up on capitol hill today. >> i have no comment. >> i guess the only way we'll get to seeim is on a video in the hot tub. >> reporter: this is neeley relaxing in the tub, and enjoying some wine on a scouting

trip to the las vegas resort, which hosted the lavish conference that cost taxpayers almost a million dollars. neeley is potentially facing a criminal investigation, and has invoked his right to remain silent. but there are more questions about his travels. two months ago neely took a 17-day junket to the pacific. and in an e-mail to his wife said, guess this will be your birthday present. and last month he was part of an executive team meeting in napa, california. cost the taxpayers $40,000. >> you have to go to the wine region. >> reporter: inspector general brian miller, whose report triggered this scandal, suggests abuses at gsa are pervasive. >> we turned over every stone, and every time we turned over a stone, we found 50 more, with all sorts of things crawling out from under -- >> that you never -- >> reporter: today, calls for gsa to clean house. >> i can't understand why taxpayers are still paying the salary of jeffrey neeley, who apparently approved this $800,000 bender, while my

constituents are struggling to make ends meet. >> reporter: gsa's new boss says he's already cancelled 35 conferences, and urged workers to report misuse of taxpayer dollars. but investigators want to know why, after top gsa officials were alerted to the las vegas boondoggle, they allowed neeley to keep traveling at taxpayer's expense. lisa myers, nbc news, washington. now to the prostitution scandal involving agents and officers of the united states secret service and members of the u.s. military. tonight there are growing calls for answers in washington, as the white house is defending the secret service director. we're also hearing from a former director of the secret service about the dark cloud that now hangs over the agency. for more, we go to our white house correspondent kristen welker tonight. kristen, good evening. >> reporter: good evening, brian. tonight we're learning that at least ten military personnel are under investigation from all

four branches, the army, navy, air force and marines. and we're also learning this alleged incident happened 12 hours after the president's advance team arrived in colombia. it's a scandal that flies in the face of the conventional wisdom, that discipline and order define the agency charged with protecting the president. >> how did your meeting go? >> reporter: and today, the white house and key lawmakers defended the initial response by secret service director, mark sullivan. >> the president has confidence in the director of the secret service. director sullivan acted quickly in response to this incident and is overseeing an investigation as we speak. >> i've known mark sullivan, i have a great regard for him. and from what we know so far, he acted quickly, he acted promptly, and he did the right thing. >> reporter: but official washington is also demanding quick answers from sullivan, who has been briefing members of congress about the allegations

that secret service and military personnel brought prosecutionty toots back to their hotel in colombia last week. >> there were 20 to 21 women who were signed in to the hotel. >> reporter: nbc's national investigative correspondent michael isikoff confirms the women were working at this cartagena bar, where witnesses told a telemundo reporter, the men were drinking and partying. >> it's so hard for me to believe that this was the first time an incident like this occurred, because too many people were involved. for 11 or 12 secret service personnel to be involved raises a huge red flag. >> it's not the first time a flag has been raised. in 2009 the secret service came under scrutiny when a reality tv couple entered a state dinner without an invitation. >> this is about the reputation of an organization that goes back to 1865, and a proud tradition of quiet professionals.

>> reporter: but brian stafford, a former director and veteran of more than 30 years with the service, says these incidents are isolated, and the agency is still as sound as its historic reputation. >> the vast majority of our people, again, are dedicated, hardworking professionals. and it doesn't look anything like what we've seen on the news for the last few days. >> reporter: now, prostitution is legal in parts of colombia, but the police and the u.s. embassy became aware of this situation when with two secret service personnel had a dispute over paying one of the prostitutes. brian? >> kristen welker at the white house for us tonight. kristen, thanks. there was something special in the skies today from florida, north to washington along the east coast. it stopped traffic and it brought people out their homes and offices. it was a final farewell for the space shuttle "discovery," latched to the top of a 747, flying around as if to waive good-bye on its way to

retirement at the smithsonian. turns out "discovery" had one more mission left in it, as nbc's anne thompson reports. >> reporter: "discovery's" sentimental journey to washington began early this morning, taking off from florida's kennedy space center on the back of a 747. flying over its launch pads and beaches where generations of spectators watched its 39 liftoffs, starting in 1984. >> liftoff of mission 39-d, the first flight of the orbiter "discovery." >> reporter: "discovery" orbited the earth 5,830 times, logging more than 148 million miles. jay barberie has covered every manned space mission for nbc news. >> this is the biggest foundation of knowledge that we have built. as scientists say, we're 50 years ahead of where we would have been, had we not had a space program.

>> reporter: "discovery's" career marked with historic moments. eileen collins, the first woman to command a spacecraft, flew "discovery." john glenn, the former astronaut and senator, the oldest person to fly in space, did so on "discovery." it helped build the international space station and deployed the hubble telescope. and in times of tragedy, after the disasters of the "challenger" and "columbia," "discovery" led america back into space. it was fitting today that "discovery's" victory lap around the nation's capitol brought to life teacher and astronaut christa mcauliffe's belief that space is for everybody. >> is that the coolest thing you've ever seen? >> yeah, pretty much. >> ever? >> yeah. >> reporter: in washington, people looked up in awe as "discovery" flew by the washington monument, the lincoln memorial, the capitol and the white house.

a sight so spectacular it stopped traffic on the ground. drew teachers and students out of classrooms. even pilots in the air wanted to see. >> a 747 with a shuttle on the back is landing -- he's about 15 miles out now from the smithsonian. >> reporter: "discovery" landed for the final time at dulles airport, a bittersweet moment for former astronaut janet kavandi. >> we wanted it to fly for a long time before it touched down. >> reporter: now "discovery" will have an earthbound role, at the national air and space museum annex, to inspire a new generation of americans for the exciting adventure of space. anne thompson, nbc news, new york. berkshire hathaway's ceo, the legendary investor warren buffett, said today he has stage one prostate cancer. was diagnosed last week apparently, after an elevated psa reading. in a note to his shareholders, the 81-year-old buffet said his condition is "not remotely life threatening or even debilitating in any meaningful way." he told becky quick of cnbc that after consulting with his doctors about his travel schedule, they agreed it would

be okay for him to hold off radiation treatments until about mid july. still ahead as we continue along the way tonight, the strong quake that rocked a southern california hospital today. none of it was the making of nature, we should quickly add. but the next one might be the real thing. and later, the incredible view from space. counting every emperor penguin on the bottom of the earth from way up high.

the bodies of an american couple from minnesota who died

when the costa concordia cruise ship ran aground, capsized off the italian coast back in january, they've finally been identified weeks after they were found in the wreckage. barbara and gerrald were 69 and 70 years old, and told family the cruise was their dream vacation. one passenger and one crew member have still not yet been found. a total of 32 people died in that accident just offshore. in southern california today, in earthquake country, scientists set off a couple big ones of their own, using a simulator, in a five story building constructed just for the purpose of seeing how buildings and their contents react when the ground beneath them starts to shake. nbc's miguel almaguer reports from san diego. >> reporter: one of the most powerful earthquakes ever recorded, chile's catastrophic 8.8 quake in 2010. one of the costliest,

california's 6.7 north ridge quake in 1994, the damage in the billions, critical infrastructure leveled in just seconds. >> 3, 2, 1. >> reporter: today in san diego, the force of both earthquakes replicated here, on the nation's largest shake table, a moving plate that fits beneath this specially constructed five story test building. >> we're trying to learn how earthquakes affect buildings. we're trying to design buildings that have a behavior that we can expect. >> reporter: the 1.4 million pound lab took a year to build, is outfitted with 70 cameras and 500 sensors. the two tremors triggered today are part of a $5 million project. the goal, to design buildings that will survive major earthquakes. scientists hope to reenact about a dozen earthquakes here in the coming weeks. each one teaching them something new about protecting schools, homes and saving lives. >> the entire country needs to be concerned about the possibility of a significant seismic effect.

>> reporter: today's focus, protecting hospitals that have been devastated in the past. the top two floors of this building, a makeshift emergency room. >> hospitals need to remain functioning after an earthquake, because they are the lifeline support of a community. >> reporter: scientists say it will take months to analyze the data generated today, but what they learn here in california's earthquake country could one day protect people everywhere. miguel almaguer, nbc news, san diego. and when we come back here tonight, the big break that nobody was hoping for. s

nasa cameras here on earth have captured a spectacular solar flare as a piece of the sun blew off in dramatic fashion. as flares go, believe it or not, this one was considered medium sized. and because it went off to the side and not faced toward earth, it's not expected to disrupt anything here, unlike some

recent eruptions. we've been reporting on this broadcast about how bright the planet venus currently is in the night sky. we learned today, venus' brightness is enough to fool a professional, especially when he's fatigued. the first officer of an air canada wide bodied jet flying from toronto to zurich last january had just awakened from a long cockpit nap, during which the pilot flew the plane. he thought venus was an approaching plane. he sent the aircraft into a 400 foot dive, 16 people were with injured, 7 hospitalized. the first officer later complained he wasn't sleeping enough at home because he's the father young kids. this past season, the alabama crimson tide were almost unbeatable on their way to the national championship. but off the field they have suffered a shattering loss. the university says a players' father accidentally broke the $30,000 waterford crystal trophy when he tripped on the carpet, bumped into the trophy table.

you can imagine the rest. the university spokesman says the father feels awful about it. but not to worry, they have ordered a new one from the folks atwaterford. the white house has announced, u.s. army specialist leslie sabo, jr. will posthumously receive the medal of honor for his actions during the vietnam war back in 1970. he repelled an enemy attack in cambodia, picked up a live grenade, shielded his fellow soldiers from it. before getting killed by a second grenade that he had thrown to kill the enemy in close quarters. the records of his heroics were lost in the files for years. his own father died seven years after his son without knowing about his own son's actions. president obama will award the medal of honor to sabo's widow at the white house, in a ceremony on may 16th. a university in the russian republic of chechnya says

scientists have found a stash of giant fossilized dinosaur eggs. they're calling this find sensational, eggs this size have never been found before. we're going to be hearing, however, a lot more talk about this. there's good reason for the skepticism. paleontologists say there's no way the round formations are eggs, that they are, in fact, way too large even for any known dinosaur. when we come back here tonight, the remarkable new way they are counting the march of the penguins.

finally tonight, they've been trying for years to get an accurate count of the number emperor penguins marching across antarctica. in lay terms, that's easier said than done because there are a lot of them. but scientists now say they have done it, from hundreds of miles across the earth. tonight university of minnesota scientist michelle leroux describes how they accomplished the penguin census, focused on the bottom of the world, tonight in her own words. >> antarctica is such a harsh and remote continent. many of these locations where the emperor penguins are located you just can't get to, no matter how hard you try.

by having these satellite images, we can get a remote view that is almost impossible any other way. each of those black dots is an emperor penguin. there are 46 colonies of penguins in antarctica. of the 46, 7 are new that we didn't know existed before this. and we found 595,000 penguins in antarctica. this is approximately double the previous estimate. that's not to say that the population doubled, it just means we know more about the population, and we know there are double what we previously thought. for scientists to be able to make this kind of discovery is just awesome. the reason it's important to understand how many emperor penguins there are is, first of all, we're able to see how their populations will change in the future, particularly with sea ice loss, and things like that. but emperor penguins are kind of the canary in the coal mine as far as the ecosystem health in the southern ocean. i've been lucky enough on two occasions to have interacted

with emperor penguins. emperor penguins are the largest penguins in the world. they're related to the king penguin, but emperor penguins can't be found anywhere else other than antarctica. i guess that's why it's so important to understand their population, because if sea ice starts to be lost more and more around antarctica, there's nowhere else they can go. and that's our tuesday broadcast, thanks for being here with us. good evening, everyone. i'm jessica aguirre. >> and i'm raj mathai. a drug dilemma in the east bay. tonight medical marijuana advocates are holding their breath wondering who the feds might target next. oakland has led the way in welcoming the controversial cannabis businesses but now its once driving pot businesses may go up in smoke. nbc bay area's jodi hernandez joins us in oakland where a lot of plans were in limbo right now, correct, jodi? >> reporter: that's right, raj. the city of oakland recently issuedmi