Brazilian company releases the ‘IPHONE’ after trademarking the name back in 2000









Title Post: Brazilian company releases the ‘IPHONE’ after trademarking the name back in 2000
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Cruz: Meeting Pinto family was "toughest by far"


EAST RUTHERFORD, N.J. (AP) — For much of his hour-long visit with the family of a 6-year-old boy killed in the Connecticut school shootings, Victor Cruz talked about football, life and young Jack, the child who idolized him.


Tears were shed. Feelings were shared. Cleats and gloves worn by Cruz to honor Jack Pinto at Sunday's game against Atlanta were given to his family.


The New York Giants wide receiver somberly recounted Wednesday his meeting with Pinto's parents and brother in Newtown, Conn.


He struggled in his retelling only when asked about the family's decision to bury the child in the receiver's No. 80 Giants jersey. The father of an infant girl, Cruz stopped for a moment, and his eyes became watery.


"You never go through some circumstances like this and circumstances where a kid faces or a family faces something of this magnitude at their school," Cruz said. "This definitely was the toughest by far."


Jack Pinto was buried on Monday and Cruz telephoned the family to ask whether he could visit them Tuesday.


The family disclosed after Friday's massacre that Cruz was Jack's favorite player. The boy was one of 20 first-graders and six adults killed in the shootings at the Sandy Hook Elementary School.


Cruz drove to Newtown with his girlfriend, Elaina Watley, and their daughter, Kennedy.


"I had no expectations. I was a little nervous," Cruz said. "I just didn't know how I was going to be received. You never know when they are going through something like that. You never know how it is going to go down."


Seeing the family outside the home along with some local children made Cruz feel better.


"They were still pretty emotional, crying and stuff like that," Cruz said. "I saw how affected they were by just my presence alone. I got out and gave them the cleats and the gloves and they appreciated it. The older brother (Ben) was still emotional, so I gave them to him."


Cruz had written "Jack Pinto, My Hero" and "R.I.P. Jack Pinto" on his cleats before the Giants' loss to the Falcons Sunday in Atlanta.


The 26-year-old player best known for his salsa dances after touchdowns, signed autographs for the children before heading inside.


"I didn't want to go in there and make a speech," Cruz said. "I just wanted to go and spend some time with them and be someone they could talk to, and be someone they can vent to, talk about how much of a fans they are of the team, or different times they watched the Super Bowl."


Cruz spent that part of the visit sitting in the chair where Jack's father, Dean, sat when he watched the Giants' Super Bowl win over the New England Patriots in February.


It was a day Jack got to see his favorite team win a championship.


"It was just an emotional time," Cruz said. "I spent a little bit of time with them. We got to smile a little bit, which was good for them. It was a time where I just wanted to be a positive voice, a positive light in the tunnel where it can really be negative, so it was a good time. They are a great family and they're really united at this time and it was good to see."


Cruz said it was strange thinking about a child being buried in his jersey. He did not know how to react. Should he thank the family?


"It leaves you kind of blank," Cruz said. "I am definitely honored by it. I am definitely humbled by it, and it's definitely an unfortunate but humbling experience for me."


The visit also gave Cruz time to reflect, especially looking at his daughter.


"Ever since it happened I've kind of been spending more time with her, just cherishing the little moments, the little time you get with her because you never know when that can be taken from you," he said.


Giants coach Tom Coughlin said he was incredibly proud of Cruz for visiting with the Pinto family.


"Hopefully some of their grief might at least temporarily be suspended in being able to embrace Victor Cruz," Coughlin said, adding what he did speaking volumes of what he has inside.


Baltimore Ravens running back Ray Rice said what Cruz did took heart.


"You've got to be able to put yourself in that family's situation to understand at least what they're going through," Rice said in a conference call with the New York media about Sunday's game against the Giants. "That's what it's about. That's something that you don't just say, 'I'm going to do it.' You do it from the heart, from within and what he did was amazing."


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Europe Proposes New Tobacco Rules





BRUSSELS — Health warnings should cover 75 percent of cigarette packs but governments should also have leeway to require plain packaging, the European Commission said Wednesday.







Yves Logghe/Associated Press

European Commissioner for Health and Consumer Policy Tonio Borg held up a mock package of cigarettes during a news conference on proposals to revise the Tobacco Products Directive, at the European Commission headquarters in Brussels on Wednesday.







The commission’s proposal would also ban cigarettes containing large quantities of flavorings including menthol and vanilla, restrict the sale of slimmer cigarettes and maintain a ban in most of the European Union on a form of chewing tobacco called snus.


The proposals still are less strict than in Australia, where a prohibition on logos and colorful designs went into effect this month. But the proposed ban on slim and super-slim cigarettes that are marketed to young women “is a positive development and a world first,” said the Smoke Free Partnership, a European organization that promotes tobacco control and research.


Tonio Borg, the E.,U. commissioner for health and consumer policy, said the overall goal of the so-called Tobacco Products Directive was to make smoking less attractive and to discourage young people from tobacco consumption.


“Consumers must not be cheated,” Mr. Borg said. “Tobacco products should look and taste like tobacco products, and this proposal ensures that attractive packaging and flavorings are not used as a marketing strategy.”


But Unitab, a European association of tobacco growers, said regulators had declared “total war” on their industry. The increased restrictions on branding would make price the deciding factor in tobacco sales; that in turn would favor suppliers from countries with lower production costs and put thousands of jobs in Europe at risk, the association said.


Written health warnings already must cover about 40 percent of a cigarette pack in the Union, although some countries also use pictorial warnings. In the future, Mr. Borg would like pictorial warnings to be mandatory, and for the warnings to cover three-quarters of the front and back of each pack of cigarettes, and half of each side.


E.U. officials conceded that the entire top and bottom sides of cigarette packs sold in Europe still could be used for branding under Mr. Borg’s proposals. Member states could opt to require plain packaging, however.


The directive also would require that smokeless electronic cigarettes providing more than a certain amount of nicotine should be available only in outlets like pharmacies. National or Europe-wide “test panels” would determine what quantities of flavoring like menthol should be banned, they said.


Much of the interest in the legislation in recent months had focused on apparent attempts to influence its wording.


Mr. Borg’s predecessor, John Dalli, resigned in October after the commission concluded that he had probably known about an attempt by a lobbyist to solicit a multimillion-dollar payoff in exchange for easing the ban on snus. The product can be sold only in Sweden, where some people consider it a safer alternative to smoking.


Mr. Dalli denied the allegations and said he was forced to resign under pressure from José Manuel Barroso, the president of the commission. Mr. Dalli also said his ouster had jeopardized chances for the revised directive to be passed before the current term of the European Parliament, which must approve the legislation, expires in 2014.


Mr. Borg suggested Wednesday that the law still could be adopted before the Parliament’s term expires, and go into force in 2015 or 2016.


But the Smoke Free Partnership warned that lobbying still could water down the proposals on labeling and packaging, as well as the ban on flavors and slim cigarettes. Governments and members of the European Parliament “are likely to face attempts by the tobacco industry to further block, weaken and delay this important legislation,” said Florence Berteletti Kemp, the director of the partnership.


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Challenging France to Do Business Differently


Pool photo by Bertrand Langlois


President François Hollande must find a way to make palatable a shift in French labor practices.







PARIS — Louis Gallois, one of France’s most influential industrialists, knew he was about to make waves for the country’s Socialist president.




It was late October, and President François Hollande, faced with an alarming deterioration in the economy, had turned to Mr. Gallois for advice on how to put corporate France on a more competitive footing with the rest of Europe.


Mr. Gallois didn’t sugar-coat the message. His report called for a “competitiveness shock” that would require politicians to curb the “cult of regulation” he said was choking business in France.


The report said that unless France relaxed its notoriously rigid labor market, the country would continue on an industrial decline that had destroyed more than 750,000 jobs in a decade and helped shrink France’s share of exports to the European Union to 9.3 percent, from 12.7 percent, during that period. The report also called for cuts to a broad range of business taxes used to pay for big government and France’s expensive social safety net.


But some wonder whether those measures, even if they can be adopted, would suffice. For them, there is a larger question: Can France be fixed?


While the European crisis has made the French acutely aware of the need to modernize the economy, the country may be running short on time. And there are mixed signals on whether the Hollande government is willing to heed the advice.


As details of the report leaked, the French news media went into a frenzy over whether their country — so resistant to change that the government still controls the price of a baguette of bread — was prepared for such upheaval.


Mr. Hollande quickly provided an answer: a competitiveness “pact” between business and government would better suit French society.


As Mr. Hollande’s finance minister, Pierre Moscovici, hastened to explain, “A shock causes trauma, whereas a pact reassures.”


But many observers say reassurance may no longer be an option.


Even the Germans are alarmed: Behind closed doors, Chancellor Angela Merkel and officials in her entourage are said to be worried that a failure by Mr. Hollande to improve competitiveness could ricochet back to the weakening German economy, further stalling what had long been twin engines of growth for Europe.


“The concern is not just that France could be the next candidate affected by turbulence” from the euro crisis, said Lars P. Feld, an economics professor at the University of Freiburg and an adviser to the German government. “The fear is that it doesn’t manage to cope with the loss of competitiveness and therefore produces little growth or perhaps even stagnation for the next few years,” Mr. Feld said. “And that after that, it could become the new sick man of Europe.”


France still has much working in its favor. Second only to Germany as Europe’s biggest economy, and the fifth-largest in the world, France is a wealthy country with a high savings rate, large foreign direct investment and world-class research and development capabilities.


And the interest rate on French 10-year bonds is only about 2 percent. That is much closer to Germany’s rate than to those of the euro zone’s staggering giants, Italy and Spain, which are above 4 percent and 5 percent respectively, as they struggle to clean up their economies.


Yet, last week the French central bank warned that growth would shrink 0.1 percent in the last three months of 2012, after stagnating for most of the year. Last month Moody’s Investors Service followed Standard & Poor’s in stripping France of its triple-A credit rating, saying the government was failing to ignite competitiveness fast enough.


Meanwhile, an ambitious effort Mr. Hollande began shortly after his election in May to cut the deficit to 3 percent next year from 4.5 percent through tax increases and spending cuts may dampen growth further and ratchet up unemployment, which recently neared 11 percent, twice the rate in Germany.


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For Modernizing Thais, Monastic Life Loses Allure

Young monks rehearsed an evening candlelight ceremony at the Chedi Luang temple in Chiang Mai, Thailand. The country’s Buddhist temples are as much a part of the landscape as rice paddies and palm trees. But many temples in rural Thailand have fallen quiet.
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Instagram tests new limits in user privacy






SAN FRANCISCO (Reuters) – Instagram, which spurred suspicions this week that it would sell user photos after revising its terms of service, has sparked renewed debate about how much control over personal data users must give up to live and participate in a world steeped in social media.


In forcefully establishing a new set of usage terms, Instagram, the massively popular photo-sharing service owned by Facebook Inc, has claimed some rights that have been practically unheard of among its prominent social media peers, legal experts and consumer advocates say.






Users who decline to accept Instagram’s new privacy policy have one month to delete their accounts, or they will be bound by the new terms. Another clause appears to waive the rights of minors on the service. And in the wake of a class-action settlement involving Facebook and privacy issues, Instagram has added terms to shield itself from similar litigation.


All told, the revised terms reflect a new, draconian grip over user rights, experts say.


“This is all uncharted territory,” said Jay Edelson, a partner at the Chicago law firm Edelson McGuire. “If Instagram is to encourage as many lawsuits as possible and as much backlash as possible then they succeeded.”


Instagram’s new policies, which go into effect January 16, lay the groundwork for the company to begin generating advertising revenue by giving marketers the right to display profile pictures and other personal information such as who users follow in advertisements.


The new terms, which allow an advertiser to pay Instagram “to display your username, likeness, photos (along with any associated metadata)” without compensation, triggered an outburst of complaints on the Web on Tuesday from users upset that Instagram would make money from their uploaded content.


The uproar prompted a lengthy blog post from the company to “clarify” the changes, with CEO Kevin Systrom saying the company had no current plans to incorporate photos taken by users into ads.


Instagram declined comment beyond its blog post, which failed to appease critics including National Geographic, which suspended new posts to Instagram. “We are very concerned with the direction of the proposed new terms of service and if they remain as presented we may close our account,” said National Geographic, an early Instagram adopter.


PUSHING BOUNDARIES


Consumer advocates said Facebook was using Instagram’s aggressive new terms to push the boundaries of how social media sites can make money while its own hands were tied by recent agreements with regulators and class action plaintiffs.


Under the terms of a 2011 settlement with the Federal Trade Commission, Facebook is required to get user consent before personal information is shared beyond their privacy settings. A preliminary class action lawsuit settlement with Facebook allows users to opt-out of being included in the “sponsored stories” ads that use their personal information.


Under Instagram’s new terms, users who want to opt-out must simply quit using the service.


“Instagram has given people a pretty stark choice: Take it or leave, and if you leave it you’ve got to leave the service,” said Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation, a Internet user right’s group.


What’s more, he said, if a user initially agrees to the new terms but then has a change of mind, their information could still be used for commercial purposes.


In a post on its official blog on Tuesday, Instagram did not address another controversial provision that states that if a child under the age of 18 uses the service, then it is implied that his or her parent has tacitly agreed to Instagram’s terms.


“The notion is that minors can’t be bound to a contract. And that also means they can’t be bound to a provision that says they agree to waive the rights,” said the EFF’s Opsahl.


BLOCKING CLASS ACTION SUITS


While Facebook continues to be bogged in its own class action suit, Instagram took preventive steps to avoid a similar legal morass.


Its new terms of service require users with a legal complaint to enter arbitration, rather than take the company to court. It prohibits users from joining a class action lawsuit unless they mail a written “opt-out” statement to Facebook’s headquarters in Menlo Park within 30 days of joining Instagram.


That provision is not included in terms of service for other leading social media companies like Twitter, Google, YouTube or even Facebook itself, and it immunizes Instagram from many forms of legal liability, said Michael Rustad, a professor at Suffolk University Law School.


Rustad, who has studied the terms of services for 157 social media services, said just 10 contained provisions prohibiting class action lawsuits.


The clause effectively cripples users who want to legally challenge the company because lawyers will not likely represent an individual plaintiff, Rustad argued.


“No lawyers will take these cases,” Rustad said. “In consumer arbitration cases, everything is stacked against the consumer. It’s a pretense, it’s a legal fiction, that there are remedies.”


Instagram, which has 100 million users, allows consumers to tweak the photos they take on their smartphones and share the images with friends. Facebook acquired Instagram in September for $ 715 million.


Instagram’s take-it-or-leave-it policy pushes the envelope for how social networking companies treat user privacy issues, said Marc Rotenberg, the executive director of the Electronic Privacy Information Center.


“I think Facebook is probably using Instagram to see how far it can press this advertising model,” said Rotenberg. “If they can keep a lot of users, then all those users have agreed to have their images as part of advertising.”


(Additional reporting by Dan Levine; Editing by Jeremy Laurence)


Internet News Headlines – Yahoo! News





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A&M's Johnny Football is AP's Player of the Year


Johnny Manziel ran for almost 1,700 yards and 30 touchdowns as a dual-threat quarterback his senior year of high school at Kerrville Tivy.


Who would have thought he'd be even more impressive at Texas A&M when pitted against the defenses of the Southeastern Conference?


On Tuesday, Manziel picked up another major award for his spectacular debut season. He was voted The Associated Press Player of the Year. As with the Heisman Trophy and Davey O'Brien Award that Manziel already won, the QB nicknamed Johnny Football is the first freshman to collect the AP award.


Manziel's 31 votes were more than twice that of second place finisher Manti Te'o, Notre Dame's start linebacker. He is the third straight Heisman-winning quarterback to receive the honor, following Robert Griffin III and Cam Newton.


Manziel erased initial doubts about his ability when he ran for 60 yards and a score in his first game against Florida.


"I knew I could run the ball, I did it a lot in high school," Manziel said in an interview with the AP. "It is just something that you don't get a chance to see in the spring. Quarterbacks aren't live in the spring. You don't get to tackle. You don't get to evade some of the sacks that you would in normal game situations. So I feel like when I was able to avoid getting tackled, it opened some people's eyes a little bit more."


The 6-foot-1 Manziel threw for 3,419 yards and 24 touchdowns and ran for 1,181 yards and 19 more scores to help the Aggies win 10 games for the first time since 1998 — and in their inaugural SEC year, too.


Ryan Tannehill, Manziel's predecessor now with the Dolphins after being drafted eighth overall this season, saw promise from the young quarterback last year when he was redshirted. But even he is surprised at how quickly things came together for Manziel.


"It's pretty wild. I always thought he had that playmaking ability, that something special where if somebody came free, he can make something exciting happen," Tannehill said. "I wasn't really sure if, I don't think anyone was sure if he was going to be able to carry that throughout an SEC season, and he's shocked the world and he did it."


After Manziel sat out as a redshirt in 2011, Texas A&M's scheduled season-opener against Louisiana Tech this year was postponed because of Hurricane Isaac. That left him to get his first taste of live defense in almost two years against Florida.


He responded well, helping the Aggies race to a 17-7 lead early using both his arm and his feet. The Gators shut down Manziel and A&M's offense in the second half and Texas A&M lost 20-17.


But Manziel's performance was enough for Texas A&M's coaching staff to realize that his scrambling ability was going to be a big part of what the Aggies could do this season.


"The first half really showed that I was a little bit more mobile than we had seen throughout the spring," Manziel said. "Me and (then-offensive coordinator) Kliff Kingsbury sat down and really said: 'Hey we can do some things with my feet as well as throwing the ball.' And it added a little bit of a new dimension."


Manziel knew that the biggest adjustment from playing in high school to college would be the speed of the game. Exactly how quick players in the SEC were was still a jolt to the quarterback.


"The whole first drive I was just seeing how fast they really flew to the ball and I felt like they just moved a whole lot faster," he said of the Florida game. "It was different than what I was used to, different than what I was used to in high school. So it was just having to learn quick and adjust on the fly."


He did just that and started piling up highlight reel material by deftly avoiding would-be tacklers to help the Aggies run off five consecutive wins after that.


His storybook ride hit a roadblock when he threw a season-high three interceptions in a 24-19 loss to LSU. But Manziel used it as a learning experience, taking to heart some advice he received from Kingsbury.


"He just told me to have a plan every time, before every snap," Manziel said. "Make sure you have a plan on what you want to do and where you want to go with the ball."


"I feel like as the year went on, I just learned the offense more and knew exactly where I wanted to go, instead of maybe evading the blitz and just taking off running for the first down instead of hitting a hot route or throwing it underneath to an open guy and doing things a lot simpler and cleaner."


The Aggies and Manziel rebounded from the loss to LSU by winning their last five games, highlighted by their stunning 29-24 upset of top-ranked Alabama on Nov. 10.


By the time Manziel wrapped up a 253-yard passing and 92-yard rushing performance to lead Texas A&M to the victory in Tuscaloosa, you could hardly call him a freshman anymore.


"You keep growing and growing every week," he said. "By the time I played Alabama I had a much better grasp of the game than I did in the first one."


The 4,600 yards of total offense Manziel gained in 12 games broke the SEC record for total yards in a season. The record was previously held by 2010 Heisman winner Newton, who needed 14 games to pile up 4,327 yards. The output also made him the first freshman, first player in the SEC and fifth player overall to throw for 3,000 yards and run for 1,000 in a season.


Manziel, who turned 20 two days before taking home the Heisman, has been so busy he hasn't had a second to step back and digest the historical significance of his accomplishments this season.


He's far more concerned with helping the Aggies extend their winning streak to six games with a win over Oklahoma on Jan. 4 in the Cotton Bowl.


"I think it will happen after the bowl game and after the season is completely over," he said. "I'm just ready for it to die down a little bit and get back into a practice routine where we get better and hopefully do what we want to do in the bowl game."


He'll have to do it without his mentor Kingsbury, who left A&M last week to become coach at Texas Tech, where he starred at quarterback not that long ago. Manziel said is happy Kingsbury got to return to his alma matter, but is still adjusting to the idea of playing without him.


"I'm the happiest guy on the face of the earth for him," Manziel said, speaking from California where he appeared on the "Tonight Show" Monday evening. "I think he deserves it with how hard he's worked this year to get us where we were. It's bittersweet though, because I'd like him to be here for the entire time that I'm here."


Manziel is eager to get back on the field for the Cotton Bowl and is focused on helping the offense pick up where it left off in the regular-season finale.


"Even though Kliff Kingsbury's not here anymore, we just need to continue to get better and do what we do," Manziel said. "Push tempo, go fast and be the high-flying offense that we have been all year."


_____


AP Sports Writer Steven Wine contributed to this story from Miami.


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Church Officials Call on Filipinos to Campaign Against Birth Control Law





MANILA — After losing a battle to stop the passage of a contentious birth control law, Roman Catholic Church officials on Tuesday dug in and instructed their millions of followers to campaign against the measure in communities, schools and homes.




“Let us intensify the moral spiritual education of our youth and children so that they can stand strong against the threats to their moral fiber,” Archbishop Socrates Villegas said in a statement. “Let us use all the means within our reach to safeguard the health of expectant mothers in our communities.”


The Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control. Each chamber of the national legislature passed its own version of the measure, and minor differences between the two must be reconciled before the measure goes to President Benigno S. Aquino III for his signature.


The measure had been stalled for more than a decade because of determined opposition from the church in this overwhelmingly Catholic country.


Birth control is legal and widely available in the Philippines for people who can afford it, particularly those living in cities. But condoms, birth control pills and other forms of contraception are sometimes kept out of community health centers and clinics by local government and Catholic Church officials.


The measure passed on Monday would stock government health centers, including those in remote areas, with free or subsidized birth control options for the poor. It would also require sex education in public schools and family-planning training for community health officers.


Archbishop Villegas, the vice president of the Catholic Bishops Conference of the Philippines, on Tuesday encouraged Catholics to resist the measure by disseminating information about natural family planning methods and warning people about “the hazardous effects of contraceptive pills on the health of women.”


“Let us conduct our own sex education of our children insuring that sex is always understood as a gift of God,” Archbishop Villegas stated. “Sex must never be taught separate from God and isolated from marriage.”


Bishop Gabriel V. Reyes, chairman of the conference’s Episcopal Commission on Family and Life, said after the vote Monday that “we need to explain to our fellow believers that they ought to refuse contraceptives even when they are being offered these.”


The Philippines has one of the highest birthrates in Asia, but backers of the legislation, including the Aquino administration, have said repeatedly that its purpose is not to limit population growth. Rather, they say, the bill is meant to offer poor families the same reproductive health options that wealthier people in the country enjoy.


Though lacking the numbers needed to defeat the legislation, lawmakers who opposed the measure sought to delay the vote. In one instance, an opposition senator proposed 35 amendments just before a vote was to take place.


Often the debate took bizarre turns, as when a congressman claimed that the birth control measure was a plot by the Philippine Communist Party to take over the government.


In another instance, a male senator requested removal of the phrase “satisfying sex” from a passage in the bill that referred to “safe and satisfying sex.” Several female senators opposed its removal, and the amendment was debated live on television while social media networks crackled with sarcastic commentary. “I am a Filipina,” Senator Miriam Santiago said in response to the amendment. “I am also a married woman, and I insist whoever is married to me should give me safe and satisfying sex, period.”


During a vote on the measure in the House of Representatives, the boxer and congressman Manny Pacquiao linked the birth control measure to his having been knocked unconscious on Dec. 8 by Juan Manuel Marquez during their W.B.O. world welterweight fight in Las Vegas.


“Some thought I was dead,” Mr. Pacquiao said in a speech explaining his vote against the measure. “What happened in Vegas strengthened my already firm belief in the sanctity of life.” He added: “Manny Pacquiao is pro-life. Manny Pacquiao votes no.”


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DealBook: As Unit Pleads Guilty, UBS Pays $1.5 Billion Over Rate Rigging

UBS, the Swiss banking giant, announced a record settlement with global authorities on Wednesday, agreeing to a combined $1.5 billion in fines for its role in a multiyear scheme to manipulate interest rates.

In a sign that officials are increasingly taking a hard line against financial wrongdoing, the Justice Department also secured a guilty plea from the bank’s Japanese subsidiary, sending a warning shot to other big banks suspected of rate rigging. The UBS subsidiary, which agreed to plead to a single count of wire fraud, is the first unit of a big bank to agree to criminal charges in more than a decade.

The cash penalties represented the largest fines to date related to the rate-rigging inquiry. The fine is also one of the biggest sanctions that American and British authorities have ever levied against a financial institution, falling just short of the $1.9 billion payout that HSBC made last week over money laundering accusations.

The severity of the UBS penalties, authorities said, reflected the extent of the problems. The government complaints laid bare a scheme that spanned from 2005 to 2010, describing how the bank reported false rates to squeeze out extra profits and deflect concerns about its health during the financial crisis.

“The findings we have set out in our notice today do not make for pretty reading,” Tracey McDermott, the enforcement director for the Financial Services Authority of Britain, said in a statement. “The integrity of benchmarks,” she said, “are of fundamental importance to both U.K. and international financial markets. UBS traders and managers ignored this.”

The UBS case reflects a pattern of abuse that authorities have uncovered as part of a multi-year investigation into rate-rigging. The inquiry, which has ensnared more than a dozen big banks, is focused on key benchmarks like the London interbank offered rate, or Libor. Such rates are used to help determine the borrowing rates for trillions of dollars of financial products like corporate loans, mortgages and credit cards.

In the UBS matter, the wrongdoing occurred largely within the Japanese unit, where traders colluded with other banks and brokerage firms to tinker with Yen denominated Libor and bolster their returns. During the 2008 financial crisis, UBS managers also “inappropriately gave guidance to those employees charged with submitting interest rates, the purpose being to positively influence the perception of UBS’s creditworthiness,” according to authorities.

In a series of colorful e-mails and phone calls, traders tried to influence the rate-setting process. “I need you to keep it as low as possible,” one UBS trader said to an employee at another brokerage firm in September 2008, according to the complaint filed by the Financial Services Authority. “If you do that,” the trader promised to pay “whatever you want. I’m a man of my word.”

As the employees carried out the alleged manipulation, they also celebrated the efforts, with one trader referring to a partner in the scheme as “superman.” “Be a hero today,” he urged, according the complaint by regulators.

The British and Swiss authorities released their complaints on Wednesday before the bank’s shares began trading in Switzerland. American authorities are expected to release their own complaints later Wednesday in Washington.

In a statement, UBS highlighted its cooperation with the investigation. The firm previously stated that it made provisions of 897 million Swiss francs ($975 million) to cover potential legal and regulatory fines.

“We discovered behavior of certain employees that is unacceptable,” the chief executive of UBS, Sergio P. Ermotti, said in the statement. “We deeply regret this inappropriate and unethical behavior. No amount of profit is more important than the reputation of this firm, and we are committed to doing business with integrity.”

The UBS case provides a lens to view broader problems in the rate-setting process, which affects how consumers and companies borrow money around the world. In June, authorities scored their first Libor settlement, securing a
$450 million payout from Barclays, the big British bank.

The UBS case — the product of cross-border collaboration among regulators and federal prosecutors – is more than triple the earlier fine.

The Commodity Futures Trading Commission and the Justice Department leveled about $1.2 billion in combined fines. The Financial Services Authority of Britain fined the bank $260 million. The Swiss Financial Market Supervisory Authority, which does not have the power to fine, recovered $65 million in the bank’s supposed ill-gotten gains.

The Justice Department’s criminal division, which arranged the guilty plea with the Japanese subsidiary, also struck a non-prosecution agreement with the parent company. The exact total of the penalties was unclear, because the department has not yet released its settlement documents.

The Justice Department’s case is also expected to take aim at some of the bank’s traders, including 33-year-old Thomas Hayes. The Justice Department plans to announce charges against Mr. Hayes, the former UBS and Citigroup trader, who featured prominently in the investigation, according to people with knowledge of the matter. He was arrested in London last week and later released on bail. Other UBS employees have been suspended or fired following an internal investigation.

The fallout from the UBS case is expected to ratchet up the pressure on some of the world’s largest financial institutions and spur settlement talks across the banking industry.

The Royal Bank of Scotland has said it expects to pay fines before its next earnings statement in February, while Deutsche Bank has set aside an undisclosed amount to cover potential penalties. Some American institutions, including Citigroup and JPMorgan Chase, also remain in regulators’ crosshairs.

The UBS case has exposed the systemic problems with the rate-setting process. Over a 6-year period, UBS traders targeted the major currencies that form the Libor system, including the U.S. dollar denominated rate. The bank was also cited for attempting to manipulate other benchmarks like the Euro Interbank Offered Rate, or Euribor, and the Tokyo Interbank Offered Rate, or Tibor.

Much of the activity took place in the bank’s Japanese unit. Authorities said four UBS traders colluded to manipulate submissions to Yen Libor. The individuals made more than 1,900 requests to brokers and other banks to alter the rate, according to regulatory filings. As part of their efforts, UBS employees made quarterly payments of £15,000 ($24,000) to outside brokers involved in the rate-rigging for at least 18 months for their help, the complaint said.

To avoid arousing suspicion, UBS employees routinely made small changes to submissions, the complaint details. The individuals, who communicated with colleagues about the rate-setting through emails and instant messages, also altered rate submissions to benefit traders at other banks.

The Japanese unit’s guilty plea for wire fraud follows frantic last-minute negotiations last week between senior UBS officials and American authorities. The actions detailed in the complaint emboldened the Justice Department to seek the guilty plea from the Japanese unit. By forcing the plea from the firm’s Japanese subsidiary, federal authorities sent a clear message about the level of wrongdoing, but stopped far short of shutting UBS out of the American markets.

Still, the steep sanctions come as a surprise, given the bank’s cooperation with investigators.

Since first announcing that it was the subject of Libor investigations, the Swiss bank has eagerly worked with authorities in a bid for leniency. UBS, for example, had received conditional immunity from the Justice Department’s antitrust unit, a deal that did not apply to the Justice Department’s criminal division.

The case presents the latest setback for UBS.

The Swiss bank already agreed to a $780 million fine in 2009 with American authorities to settle charges that it helped American clients avoid tax. The firm also announced a $2.3 million loss last year related to illegal trading activity by a former employee, Kweku M. Adoboli. Mr. Adoboli subsequently was sentenced to seven years, and British authorities fined UBS $47.5 million over the scandal.

UBS said it expected to report a net loss of up to $2.7 billion in the fourth quarter of the year because of the costs related to Libor and other legal matters. The figure includes around $2.3 billion of provisions of legal and regulatory costs, as well as $548 million in restructuring charges.

In the wake of the Libor scandal, UBS has been forced to beef up its compliance and rate-setting procedures, according to the Swiss regulator. The bank has also fired individuals connected to the rate-rigging

“We are pleased that the authorities gave us credit for the important and positive changes we have already made,” the chairman of UBS, Axel Weber, said in a statement. “I have zero tolerance for inappropriate and unethical behavior of any of our staff.”

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Hard Times in Spain Force Feuding Couples to Delay Divorce







SABADELL, SPAIN — Esther Fernández, 45, was desperate for a divorce. A hairdresser, she had fallen in love with another man, who was dying of cancer.




Her husband, Gaby Cuadrado, 47, had lost his factory job. Selling their house in a depressed market in this sleepy city outside Barcelona was impossible. Neither could afford a second home. They were already struggling to pay their mortgage. An expensive divorce was out of the question.


So for two years she stuck it out, leaving before dawn, hiding from Mr. Cuadrado, who said he became so obsessed with his wife that he would spy on her from his car. She had panic attacks. “I felt trapped,” she said.


It was even worse for him. The situation, Mr. Cuardado said, pushed him to the brink of suicide. “Being forced to live with a woman I loved who had rejected me was psychological torture,” he said. They finally divorced in November, after moving to tiny apartments in bad parts of town.


If marriage is for better or worse, richer or poorer, then these are the worst of times for a poorer Spain. Couples are paying the emotional price, especially when they cannot afford the price of divorce.


Fewer of them can. Accounts from judges, divorce lawyers and therapists — as well as couples themselves — indicate that many Spaniards are staying in troubled relationships longer as a result of an economic crisis that has ground on for nearly five years.


Last year, the number of divorces in Spain dropped 17 percent compared with 2006, according to the Spanish Judicial Council, a national association that represents the country’s judges. The divorce rate jumped in 2006 after changes to the divorce law made it easier to split up in 2005, but it has fallen with the crisis in Spain’s economy, according to the council.


“There is no doubt that the crisis is pushing people to stay together,” said José María Redondo, the council’s spokesman, who attributed the drop in the divorce rate to a burst housing bubble and hard economic times.


The crisis is not only slowing divorces but also transforming the process, according to divorce lawyers. Judges are reducing alimony payments and dueling spouses have moved from fighting over property to sparring over the critical issue of who assumes debts.


Some couples are literally dividing their homes in two, by sticking tape across the floor, said Álvaro Cavia, a leading Barcelona-based divorce lawyer. Unable to afford a divorce, other couples live together even as they engage openly in other romantic relationships.


Squabbles over money — or the lack of it — are the biggest source of contention among couples seeking to mend fraying relationships, according to Myka Pedrero, a family psychologist in a suburb of Barcelona, who counseled Ms. Fernández, her sister.


It is worst for jobless couples, she said, not just because of the money strains, but because they often spend all day together at home, treading on each others’ nerves. When warring couples share the same quarters it is especially confusing for children unable to accept their parents’ break-ups, she said.


“The crisis makes things worse as it adds huge pressures to marriages when you don’t have a job and can’t pay the bills,” she said. “When people who want to split are forced to stay together it pollutes the whole ecosystem that is the family and drives both the man and the woman crazy.”


Until the crisis exploded, legal experts say, divorce was widely accepted as the easiest exit from a bad marriage after decades during which it was prohibited during the Franco dictatorship.


Divorce was first legalized in Spain 1981 but the law required couples to legally separate first, a period of reflection aimed at safeguarding the family in a socially conservative, Catholic country. The change in the law in 2005 has allowed couples to get “express divorces” without any separation. Couples need to have been married for at least three months to qualify.


Even when couples can afford a divorce, the economic crisis has added new complications.


Silvia Taulés contributed reporting from Barcelona.



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