During Trial, New Details Emerge on DuPuy Hip





When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.




But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.


In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.


The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.


The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.


Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”


On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”


Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.


In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.


“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.


A spokesman for Dr. Griffin said he was not available for comment.


The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.


Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.


Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.


Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.


In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.


“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.


Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.


The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.


DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.


During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.


This article has been revised to reflect the following correction:

Correction: February 1, 2013

A headline on Thursday about a patient lawsuit against DePuy Orthopaedics, a unit of Johnson & Johnson, misstated the start of the trial in some copies. It began last week, not on Wednesday.



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DealBook: Doubt Is Cast on Consultants Hired to Fix Banks’ Abuses

Federal authorities are scrutinizing private consultants hired to clean up financial misdeeds like money laundering and foreclosure abuses, taking aim at an industry that is paid billions of dollars by the same banks it is expected to police.

The consultants operate with scant supervision and produce mixed results, according to government documents and interviews with prosecutors and regulators. In one case, the consulting firms enabled the wrongdoing. The deficiencies, officials say, can leave consumers vulnerable and allow tainted money to flow through the financial system.

“How can you be independent if you’re hired by the entity you’re reviewing?” Senator Jack Reed, Democrat of Rhode Island, who sits on the Senate Banking Committee, said.

The pitfalls were exposed last month when federal regulators halted a broad effort to help millions of homeowners in foreclosure. The regulators reached an $8.5 billion settlement with banks, scuttling a flawed foreclosure review run by eight consulting firms. In the end, borrowers hurt by shoddy practices are likely to receive less money than they deserve, regulators said.

On Thursday, Senator Elizabeth Warren, Democrat of Massachusetts, and Representative Elijah Cummings, Democrat of Maryland, announced that they would open an investigation into the foreclosure review, seeking “additional information about the scope of the harms found.”

Critics concede that regulators have little choice but to hire outsiders for certain responsibilities after they find problems at the banks. The government does not have the resources to ensure that banks follow the rules. Still, consultants like Deloitte & Touche and the Promontory Financial Group can add to regulators’ headaches, the government documents and interviews indicate. Some banks that work with consultants continue to run afoul of the law. At other times, consultants underestimate the extent of the misdeeds or facilitate them, preventing regulators from holding institutions accountable.

Now, regulators and lawmakers are rethinking their relationship with the consultants. Officials at the Federal Reserve, which oversees many large banks, are questioning the prudence of relying on consultants so heavily, said two people with direct knowledge of the matter.

When the Office of the Comptroller of the Currency penalized JPMorgan Chase last month for breakdowns in money-laundering controls, it imposed stricter requirements, ordering the bank to hire a consultant with “specialized experience” in money laundering and to ensure that the firm “not be subject to any conflict of interest.” In a separate action against the bank related to a $6 billion trading loss last year, the agency opted not to mandate an outside consultant at all.

While the comptroller’s office will continue requiring consultants in certain cases, some agency officials are worried about the quality of the work, as well as the consultants’ independence, according to three government officials briefed on the matter.

Since the financial crisis, regulators have increasingly relied on consultants. The comptroller’s office ordered banks to hire consultants in more than 130 enforcement actions since 2008, or nearly 15 percent of the cases.

It can be a lucrative business. In 2011, regulators mandated that 14 banks employ consultants to determine whether homeowners were wrongfully evicted. Over 14 months, the consultants collected about $2 billion in fees, according to regulators and bank officials.

Those fees amounted to more than half of what homeowners will receive under the $8.5 billion settlement that ended the review. As part of the deal, officials will disburse $3.3 billion to 3.8 million borrowers in foreclosure.

According to consultants and regulators, the broad review was plagued with inefficiencies. For example, Promontory initially instructed employees to calculate lawyers’ fees for each loan, to assess if borrowers were overcharged. Later, it scrapped the original procedure, only to reverse the policy again two weeks later, according to two reviewers who worked for Promontory.

“From Day 1, Promontory strove to conduct its review work as thoroughly and independently as possible,” a spokesman for the firm, Christopher Winans, said in a statement. “Our overarching concern at all times was to serve the best interests of borrowers.”

Some lawmakers question whether a consultant’s regulatory connections helped it secure contracts. PricewaterhouseCoopers, which has a stable of former Securities and Exchange Commission officials, won much of the foreclosure review work, signing deals with four banks, including Citigroup. Promontory, the firm examining loans for Wells Fargo, Bank of America and PNC, was founded in 2000 by the former head of the comptroller’s office, Eugene A. Ludwig.

When the contracts were initially awarded, some housing advocates complained that consulting firms could not objectively evaluate banks with which they had pre-existing business relationships. The comptroller’s office said it vetted the firms to spot such potential conflicts, and argued that the process provided swifter relief for homeowners than if the government had hired the companies directly through a lengthy contracting process.

But concerns persisted. Deloitte, which won the contract to review JPMorgan’s loans, had previously audited Washington Mutual and Bear Stearns, two firms JPMorgan acquired during the financial crisis. In May, the comptroller’s office replaced Allonhill, the consultant for Aurora Bank, after the firm disclosed that it had already reviewed some “of the same pool of loans” as part of an earlier contract.

“It’s clear from the foreclosure settlement that oversight over consultants was inadequate and the review process was deeply flawed,” said Representative Carolyn B. Maloney, Democrat of New York, who recently pressed regulators to detail how consultants were paid. People close to the review say consultants relied on a process that the comptroller’s office designed in 2011, under previous leadership.

“This was a very complex process,” a spokesman for the comptroller said. “Throughout the process, regulators provided continuous oversight, guidance and were available to discuss issues.” The agency also performs spot checks on the consultants.

Still, the foreclosure review highlighted broader concerns about the role consultants play.

Since the financial crisis, the comptroller’s office has issued nearly 20 enforcement actions against banks that had already hired consultants to help iron out problems, according to government documents. While consultants cannot be expected to remedy every last issue at the banks, the actions raise questions about the effectiveness of their work.

When HSBC, the British bank, was sanctioned in 2003 over porous money-laundering controls, the bank turned to Deloitte to review its compliance, an official briefed on the matter said. Deloitte also worked for HSBC from 2006 to 2008, the person said, building a system to monitor money flows more effectively. But the bank ran into trouble in 2010 over similar issues, as highlighted in a recent scathing report by the Senate’s Permanent Subcommittee on Investigations.

As part of a regulatory order, HSBC again hired Deloitte, this time to assess the number of times the bank failed to report suspicious transactions. Deloitte, three officials said, generously bundled hundreds of missed transfers into a single report. That helped save the bank from some government fines.

Despite the undercounting, HSBC still paid a record $1.9 billion last year to settle accusations that it enabled drug cartels to move money through its American subsidiaries.

In a statement, a spokesman for the firm said, “Deloitte fully stands behind the quality and integrity of its work on behalf of regulatory authorities.”

Deloitte has also been suspected of helping institutions cloak illicit transfers of money to rogue nations around the globe. In August, New York’s top banking regulator, Benjamin M. Lawsky, accused Deloitte of helping the British bank Standard Chartered flout American sanctions.

The consulting firm was hired to flag suspicious transfers routed through Standard Chartered’s New York branches. Instead, it instructed bankers on how to escape regulatory scrutiny, according to state court documents.

Deloitte turned over “highly confidential information” from which the bank gleaned insight into “regulators’ concerns and strategies,” the court documents said. The firm later doctored its report to regulators, Mr. Lawsky said, deliberately removing some illegal transfers on behalf of Iranian clients. In an e-mail, a Deloitte partner admitted that a report on the transactions was a “watered-down version.”

The authorities never took legal action against Deloitte, and federal officials noted in a separate settlement agreement that Standard Chartered employees withheld critical information from the consulting firm.

Despite these concerns, regulators are turning to a familiar source to help Standard Chartered. As part of a $327 million settlement last year, the bank is required to hire “an independent consultant.”

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India Ink: Gandhi's Relationship With Kallenbach Focus of New Exhibition in Delhi

“My Dear Lower House,” begins one letter, from Hermann Kallenbach, to Mohandas Karamchand Gandhi, dated Aug. 20, 1912.

“We are to blame for all the misery in the world and therefore all the imperfections of our surroundings. They will be perfect when we are.”

In the letter, Mr. Kallenbach requests that Gandhi meet him to discuss “Tolstoy Farm,” a project that Mr. Kallenbach, an architect by profession, was financing by giving Gandhi a gift of land in Johannesburg.

It is signed “With love, your sinly [sincerely] — Upper House.”

The letter is one of dozens of documents and photos on display in an exhibition that opened Wednesday at the National Archives of India in New Delhi. The exhibition centers on the intimate and loving friendship between Gandhi and his German-Jewish friend, Mr. Kallenbach.

Wednesday was the 65th anniversary of Gandhi’s assassination in New Delhi.

The “Gandhi-Kallenbach papers,” as the documents that make up the exhibition are known, were purchased by the Indian government from the Kallenbach family for $1.1 million last year, on the back of controversy over the nature of their friendship.

In a book about Gandhi’s time in South Africa, Joseph Lelyveld, a former New York Times executive editor, detailed the relationship between the two men. The book was denounced by some in India, who believed it portrayed the man often called the “father of the nation” as a homosexual.

“It is clear from these letters, there was a deep emotional attachment that Gandhi shared with Kallenbach,” Mushirul Hasan, director general of the National Archives, said in an interview. But Mr. Hasan dismissed the idea that the two men shared a sexual relationship.

“Gandhi as a person tended to get very enthusiastic about certain relationships, and expressed the intensity in words that conveyed the impression that it is more than a normal relationship,” he said.

Most of the documents on display center on Gandhi’s life in South Africa, including the management of Tolstoy farm and the growth of the nonviolent resistance movement that Gandhi led there. The exhibition also includes correspondence between the families of the two men and letters to their acquaintances.

Gandhi was not the only one who had a special term of address for Kallenbach; his secretary Mahadev Desai in a letter dated Aug. 23, 1937, refers to Kallenbach as “dear Uncle Hanuman,” a reference to the Hindu monkey-god.

Also on display are photographs of Gandhi and Kallenbach in their younger years, life on Tolstoy farm and Kallenbach with Gandhi’s sons, grandchildren and other leaders of the Indian national movement.

Spread across two spacious halls at the National Archives, the public exhibition was inaugurated by the minister of culture, Chandresh Kumari Katoch, and will continue until Feb 15.

The Kallenbach family was originally planning to auction the papers through Sotheby’s, but then came the controversy over Mr. Lelyveld’s book, which heightened interest in what they contained.

“It cost us a lot of money,” Mr. Hasan said. “The controversy raised the price of the papers.”

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Facebook’s mobile ad revenue doubles in fourth quarter






SAN FRANCISCO (Reuters) – Facebook Inc doubled its mobile advertising revenue in the fourth quarter, a sign that the No.1 social network is seeing early success in expanding onto handheld devices as more of its users migrate to smartphones and tablets.


Investors want to see evidence that CEO Mark Zuckerberg‘s 8-year-old company is delivering on promises to develop a full-fledged mobile advertising business, a challenge facing many of today’s technology leaders including Google Inc.






But the growth trailed some of Wall Street‘s most aggressive estimates. Shares of Facebook were down roughly 3 percent at $ 30.21 in after-hours trading on Wednesday, regaining ground after falling more than 8 percent immediately after the numbers were released.


Mobile revenue estimates among some analysts and investors were unreasonably high, said Sterne, Agee & Leach analyst Arvind Bhatia.


“As a result the stock was set up for disappointment,” he said. Overall, he said, Facebook’s results were encouraging.


The company’s overall advertising business grew at its fastest clip since before its May initial public offering, helping the company’s revenue expand 40 percent and surpass Wall Street targets.


Facebook has rolled out a wide variety of new services in recent months as the company seeks to stay ahead in the fast-moving Web market and to convince Wall Street that it can turn its audience of more than 1 billion users into a sustainable business.


Zuckerberg said the company plans to spend heavily to recruit talent in 2013 as the company pushes forward with new product development, particularly “mobile-first” services.


“We aren’t operating to maximize our profit this year but we’re doing what we think will build the best service and business over the long term,” Zuckerberg said during a conference call with analysts on Wednesday.


The strategy makes sense for an Internet company, said Stifel Nicolaus Jordan Rohan. But it will force Wall Street analysts to “ratchet down” their profit expectations.


“The conference call was a bit of a sobering event,” said Rohan. “The company advised analysts and investors to expect lower margins, and downplayed the near-term opportunity for revenues from Gifts,” Facebook’s recently-launched online commerce service.


FUTURE OPPORTUNITIES


Facebook shares, which lost more than half their value following a rocky IPO, have regained ground in recent months as concerns about its mobile ad business and insider selling have eased. Shares have surged roughly 60 percent since mid-November.


Zuckerberg said that recently introduced products such as Gifts, which allows Facebook users to purchase retail goods for their friends, as well as its new social search tool could become important businesses in the future. But in the near term he said that Facebook’s advertising efforts will be the core of its business.


The number of monthly active users on the social network reached 1.06 billion at the end of last year, with 618 million daily active users, Facebook said. But much of that growth again came from emerging markets like Asia, rather than the United States or Europe, where revenue per user is several times higher. For instance, average revenue per user is $ 13.58 for the United States and Canada, but just $ 2.35 in Asia.


Overall fourth-quarter revenue came to $ 1.585 billion, up 40 percent versus $ 1.131 billion a year earlier. Analysts were looking for revenue of $ 1.53 billion.


Executives said some revenue from its payments business dating back to September 2012 had been booked in the October-December quarter, inflating the number somewhat. Excluding those deferred sales, overall revenue would have been up just 34 percent in the quarter.


But it was the fledgling mobile business that dominated Wednesday’s discussion on the call. Finance Chief David Ebersman said Facebook had “basically doubled” mobile ad revenue from the third quarter to the fourth quarter.


“Two quarters ago we really had no mobile revenue,” Ebersman told Reuters in an interview. “In the course of a pretty short period of time, we’ve dramatically ramped up our ability to monetize mobile.”


Facebook said net income in the fourth quarter was $ 64 million, or 3 cents a share, compared to $ 302 million, or 14 cents a share a year earlier.


Excluding certain items, Facebook said it earned 17 cents a share, compared to the 15 cents a share expected by analysts polled by Thomson Reuters I/B/E/S.


Facebook expects expenses — excluding stock-based compensation for employees — to jump 50 percent in 2013, likely outpacing revenue growth. Capital investments may climb to $ 1.8 billion, up 14 percent from last year’s $ 1.575 billion.


“They’re going to have to continue to develop new products, which will cost them,” said Bhatia of Sterne, Agee & Leach.


But he said, “the market would be less happy if they were not finding enough opportunities.”


(Reporting by Alexei Oreskovic; Editing by Phil Berlowitz and Ryan Woo)


Tech News Headlines – Yahoo! News





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Brees wants to bury bounty probe, help New Orleans


NEW ORLEANS (AP) — Drew Brees wore gray sneakers to his first full day of Super Bowl-related appearances — a wise move for an ambassador of a city who had to walk briskly from end to end of a sprawling convention center to make all of his scheduled stops.


Not only was the Saints' star quarterback a man on the move, but also ready to move on from the bitterness of the bounty scandal, which may have undermined his team's chances of playing for a title on its home field.


"We're professionals and we've moved past that in the sense that there's nothing that can be done other than, 'Let's move on and let's find a way to be better next year inspite of it,'" Brees said. "It would be easy to sit here and be angry, but it is what it is."


Coming off a 13-3 campaign in 2011 and a narrow loss to San Francisco in that season's playoffs, the Saints went into the offseason figuring they would be contenders again this season.


Then came the NFL's probe of the Saints' cash-for-hits program and numerous sanctions, the most severe of which was the full-season suspension of coach Sean Payton. New Orleans went 7-9 and missed the playoffs for the first time since 2008, and now the team practicing at the Saints' suburban training center is the NFC champion 49ers.


Throughout the community, displeasure with NFL commissioner Roger Goodell's handling of the matter has been on display for months, from T-shirts reading "Free Payton" (he is now reinstated) to signs in bars and eateries showing Goodell's photo and reading: "Do not serve this man."


During the season, Brees offered his own criticism of what he thought was a faulty investigation and overly heavy-handed disciplinary process. But when the topic came up Wednesday, Brees said it was time to "put this thing to bed."


"We've said what needed to be said," Brees said. "Sean's back, all the pieces are in place, and now it's time for us to put ourselves in a position to make a run."


Brees has been one of New Orleans' most prominent public faces and leading promoters since he arrived in the Big Easy in 2006, when much of the area was still in a state of devastation from Hurricane Katrina's August 2005 landfall. Now his team is the official host of the Super Bowl, and Brees is once again stepping up to highlight his adopted hometown's resurgence as it hosts the Super Bowl for the first time since 2002 — also the first time since Katrina.


He also sought to stamp out the notion that there is some kind of undercurrent of tension between his club, its fans and all of the high-ranking NFL executives in town for the league's biggest single event.


"I know the city is going to be a great host regardless," Brees said. "The city wants to put their best foot forward, they want everybody to have a great experience. I don't like the fact that we've got the NFC team practicing in our facility, but we're going to be gracious hosts and hope that it pays us back in the future."


Brees' stops Wednesday included a talk with area high school kids about the importance of managing one's money. He even revealed that he graduated Purdue with an unpaid $2,000 mobile phone bill, and later regretted it when it damaged his credit score and pushed up the interest rate he had to pay on the first house he bought in San Diego, shortly after being drafted by the Chargers in 2001.


Later, he hosted a news conference in which his foundation donated $1 million to businesses teaming up with charities in the metro area. He also made several radio appearances and lent his support to an event hosted by former Saints special teams standout Steve Gleason, who has the debilitating and incurable neuro-muscular disease ALS.


As an organization, the Saints' approach has mirrored that of their quarterback. Owner Tom Benson spoke at an NFL event promoting the importance of children doing more physical activity on Wednesday. He has invited Goodell to the team party in New Orleans' City Park on Thursday night, and he will attend Goodell's main media event Friday and has even invited the commissioner to watch the game from his suite in the Superdome.


"We're making this the best Super Bowl ever and what that means is we're going to get another Super Bowl to come back in a few years," said Benson with a nod to the city's intent to bid on the 2018 Super Bowl. "We've rolled out the red carpet for everybody."


Frank Supovitz, the NFL's vice president for events, called the Saints "outstanding hosts."


"We've been working on the Super Bowl together with the Saints the last three years. ... The level of partnership has never wavered for a moment," he said. "The NFL and Super Bowl have had a long and deep relationship with the city and with the team and one of the pleasures of my career has been working with the team on the reopening of the dome (after Katrina). We've been very, very close partners with the city and the team and I don't expect that to change."


Dennis Lauscha, who serves as the president of both the Saints and NBA's Hornets — which Benson bought last spring — scoffed at the idea that any animosity lingered between the Saints and the league.


"What we're absolutely concerned about is making sure we put on the best possible show and make a great bid on the next one. We want to put our best foot forward," Lauscha said. "No question we wanted to be the first team to host and play on our own field in the same year. We had an unbelievable experience down in Miami when we won the Super Bowl and we kept on saying how great it would be if we could do that back in New Orleans for our fans, so there is a bit of disappointment in that, but look, we're looking forward to next year and winning the Super Bowl in New York."


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Well: Waiting for Alzheimer's to Begin

My gray matter might be waning. Then again, it might not be. But I swear that I can feel memories — as I’m making them — slide off a neuron and into a tangle of plaque. I steel myself for those moments to come when I won’t remember what just went into my head.

I’m not losing track of my car keys, which is pretty standard in aging minds. Nor have I ever forgotten to turn off the oven after use, common in menopausal women. I can always find my car in the parking lot, although lots of “normal” folk can’t.

Rather, I suddenly can’t remember the name of someone with whom I’ve worked for years. I cover by saying “sir” or “madam” like the Southerner I am, even though I live in Vermont and grown people here don’t use such terms. Better to think I’m quirky than losing my faculties. Sometimes I’ll send myself an e-mail to-do reminder and then, seconds later, find myself thrilled to see a new entry pop into my inbox. Oops, it’s from me. Worse yet, a massage therapist kicked me out of her practice for missing three appointments. I didn’t recall making any of them. There must another Nancy.

Am I losing track of me?

Equally worrisome are the memories increasingly coming to the fore. Magically, these random recollections manage to circumnavigate my imagined build-up of beta-amyloid en route to delivering vivid images of my father’s first steps down his path of forgetting. He was the same age I am now, which is 46.

“How old are you?” I recall him asking me back then. Some years later, he began calling me every Dec. 28 to say, “Happy birthday,” instead of on the correct date, Dec. 27. The 28th had been his grandmother’s birthday.

The chasms were small at first. Explainable. Dismissible. When he crossed the street without looking both ways, we chalked it up to his well-cultivated, absent-minded professor persona. But the chasms grew into sinkholes, and eventually quicksand. When we took him to get new pants one day, he kept trying on the same ones he wore to the store.

“I like these slacks,” he’d say, over and over again, as he repeatedly pulled his pair up and down.

My dad died of Alzheimer’s last April at age 73 — the same age at which his father succumbed to the same disease. My dad ended up choosing neurology as his profession after witnessing the very beginning of his own dad’s forgetting.

Decades later, grandfather’s atrophied brain found its way into a jar on my father’s office desk. Was it meant to be an ever-present reminder of Alzheimer’s effect? Or was it a crystal ball sent to warn of genetic fate? My father the doctor never said, nor did he ever mention, that it was his father’s gray matter floating in that pool of formaldehyde.

Using the jarred brain as a teaching tool, my dad showed my 8-year-old self the difference between frontal and temporal lobes. He also pointed out how brains with Alzheimer’s disease become smaller, and how wide grooves develop in the cerebral cortex. But only after his death — and my mother’s confession about whose brain occupied that jar — did I figure out that my father was quite literally demonstrating how this disease runs through our heads.

Has my forgetting begun?

I called my dad’s neurologist. To find out if I was in the earliest stages of Alzheimer’s, he would have to look for proteins in my blood or spinal fluid and employ expensive neuroimaging tests. If he found any indication of onset, the only option would be experimental trials.

But documented confirmation of a diseased brain would break my still hopeful heart. I’d walk around with the scarlet letter “A” etched on the inside of my forehead — obstructing how I view every situation instead of the intermittent clouding I currently experience.

“You’re still grieving your father,” the doctor said at the end of our call. “Sadness and depression affect the memory, too. Let’s wait and see.”

It certainly didn’t help matters that two people at my father’s funeral made some insensitive remarks.

“Nancy, you must be scared to death.”

“Is it hard knowing the same thing probably will happen to you?”

Maybe the real question is what to do when the forgetting begins. My dad started taking 70 supplements a day in hopes of saving his mind. He begged me to kill him if he wound up like his father. He retired from his practice and spent all day in a chair doing puzzles. He stopped making new memories in an all-out effort to preserve the ones he already had.

Maybe his approach wasn’t the answer.

Just before his death — his brain a fraction of its former self — my father managed to offer up a final lesson. I was visiting him in the memory-care center when he got a strange look on his face. I figured it was gas. But then his eyes lit up and a big grin overtook him, and he looked right at me and said, “Funny how things turn out.”

An unforgettable moment?

I can only hope.



Nancy Stearns Bercaw is a writer in Vermont. Her book, “Brain in a Jar: A Daughter’s Journey Through Her Father’s Memory,” will be published in April 2013 by Broadstone.

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Chinese Hackers Infiltrate New York Times Computers





SAN FRANCISCO — For the last four months, Chinese hackers have persistently attacked The New York Times, infiltrating its computer systems and getting passwords for its reporters and other employees.







The New York Times published an article in October about the wealth of the family of China's prime minister, Wen Jiabao, in both English and Chinese.







After surreptitiously tracking the intruders to study their movements and help erect better defenses to block them, The Times and computer security experts have expelled the attackers and kept them from breaking back in.


The timing of the attacks coincided with the reporting for a Times investigation, published online on Oct. 25, that found that the relatives of Wen Jiabao, China’s prime minister, had accumulated a fortune worth several billion dollars through business dealings.


Security experts hired by The Times to detect and block the computer attacks gathered digital evidence that Chinese hackers, using methods that some consultants have associated with the Chinese military in the past, breached The Times’s network. They broke into the e-mail accounts of its Shanghai bureau chief, David Barboza, who wrote the reports on Mr. Wen’s relatives, and Jim Yardley, The Times’s South Asia bureau chief in India, who previously worked as bureau chief in Beijing.


“Computer security experts found no evidence that sensitive e-mails or files from the reporting of our articles about the Wen family were accessed, downloaded or copied,” said Jill Abramson, executive editor of The Times.


The hackers tried to cloak the source of the attacks on The Times by first penetrating computers at United States universities and routing the attacks through them, said computer security experts at Mandiant, the company hired by The Times. This matches the subterfuge used in many other attacks that Mandiant has tracked to China.


The attackers first installed malware — malicious software — that enabled them to gain entry to any computer on The Times’s network. The malware was identified by computer security experts as a specific strain associated with computer attacks originating in China. More evidence of the source, experts said, is that the attacks started from the same university computers used by the Chinese military to attack United States military contractors in the past.


Security experts found evidence that the hackers stole the corporate passwords for every Times employee and used those to gain access to the personal computers of 53 employees, most of them outside The Times’s newsroom. Experts found no evidence that the intruders used the passwords to seek information that was not related to the reporting on the Wen family.


No customer data was stolen from The Times, security experts said.


Asked about evidence that indicated the hacking originated in China, and possibly with the military, China’s Ministry of National Defense said, “Chinese laws prohibit any action including hacking that damages Internet security.” It added that “to accuse the Chinese military of launching cyberattacks without solid proof is unprofessional and baseless.”


The attacks appear to be part of a broader computer espionage campaign against American news media companies that have reported on Chinese leaders and corporations.


Last year, Bloomberg News was targeted by Chinese hackers, and some employees’ computers were infected, according to a person with knowledge of the company’s internal investigation, after Bloomberg published an article on June 29 about the wealth accumulated by relatives of Xi Jinping, China’s vice president at the time. Mr. Xi became general secretary of the Communist Party in November and is expected to become president in March. Ty Trippet, a spokesman for Bloomberg, confirmed that hackers had made attempts but said that “no computer systems or computers were compromised.”


Signs of a Campaign


The mounting number of attacks that have been traced back to China suggest that hackers there are behind a far-reaching spying campaign aimed at an expanding set of targets including corporations, government agencies, activist groups and media organizations inside the United States. The intelligence-gathering campaign, foreign policy experts and computer security researchers say, is as much about trying to control China’s public image, domestically and abroad, as it is about stealing trade secrets.


This article has been revised to reflect the following correction:

Correction: January 31, 2013

An earlier version of this article misstated the year that the United States and Israel were said to have started a cyber attack that caused damage at Iran’s main nuclear enrichment plant, and the article misstated the specific type of attack. The attack was a computer worm, not a virus, and it started around 2008, not 2012.



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Israel to Transfer Tax Funds to Palestinians





JERUSALEM — Israel has decided to transfer tax and customs revenues collected last month on behalf of the Palestinian Authority to help ease the economic crisis there, a senior Israeli government official said on Wednesday.




This reverses an earlier decision to use the revenues to offset at least part of the Palestinian debts to Israeli utility companies as a punitive measure following the Palestinians’ successful bid to upgrade their status at the United Nations to that of a nonmember observer state in late November.


But the official emphasized that the decision was “a one-time event” and was “not an indication of what Israel might do next month.”


The decision to transfer the funds came after a meeting on Monday between Prime Minister Benjamin Netanyahu and Tony Blair, the envoy of the so-called quartet of Middle East peacemakers that groups the United States, the European Union, the United Nations and Russia. In a statement after the meeting, both men pledged to work on peace and security issues.


Nour Odeh, a spokeswoman for the Palestinian Authority, said that Palestinian and Israeli officials were scheduled to hold a regular technical meeting on Wednesday where they would calculate the amount of revenues collected and owed. Revenues usually amount to around $100 million a month.


The Palestinian Authority, a self-rule body with limited control over parts of the West Bank, has been in financial crisis for about two years, largely because of a drop in donor funds, and it has been struggling to pay its 150,000 government workers their full salaries on time, leading to growing restiveness and strikes.


Israel’s decision to withhold the transfers after the United Nations move was expected, but special funds pledged by Arab states to the authority as a so-called “safety net” after the diplomatic clash with Israel have not yet materialized.


Israel has withheld transfers of Palestinian tax revenues at least five times before, sometimes for weeks and, after the outbreak of the Palestinian uprising in 2000, for two years. But this was the first time that Israel had used the money, which constitutes about two-thirds of the authority’s income, to pay off Palestinian debts to the Israel Electric Corporation and other Israeli providers without the consent of the authority.


The prime minister of the Palestinian Authority, Salam Fayyad, called in December for a voluntary boycott of Israeli goods by Palestinian consumers in what he called a “logical response” to the Israeli measure because the tax revenues are accrued on Palestinian trade with Israel. The call did not appear have had much impact either in the Palestinian territories or on the Israeli economy.


Israel’s former foreign minister, Avigdor Lieberman, had said in December that it would take four months of tax revenues collected by Israel for the Palestinian Authority to repay its debts. He had threatened that no money would be transferred from Israel to the authority until the debts were paid.


In a statement released by the Palestinian Authority cabinet after a meeting on Tuesday, the withholding of tax revenues was described as “Israeli piracy.” The cabinet said that government workers would be paid the remaining half of their November salaries in the next two days, “if work is resumed in the ministries, at the least by those responsible for executing the salary payment procedures.”


The cabinet also “affirmed the urgency for our Arab brethren to accelerate the implementation of their commitments to support the state treasury,” according to the statement.


Israel is engaged in a delicate balancing act since it does not have an interest in seeing the Palestinian Authority collapse, officials there have said. In the weeks before the United Nations action, they said, Israel advanced money to the Palestinian Authority in response to calls for help and to provide some relief ahead of a Muslim holiday.


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Critical, long-overdue BlackBerry makeover arrives






TORONTO (AP) — BlackBerry maker Research In Motion Ltd. will kick off a critical, long-overdue makeover when chief executive Thorsten Heins shows off the first phone with the new BlackBerry 10 system in New York on Wednesday.


Repeated delays have left the once-pioneering BlackBerry an afterthought in the shadow of Apple’s trend-setting iPhone and Google’s Android-driven devices. There has even been talk that the fate of the company that created the BlackBerry in 1999 is no longer certain.






Now, there’s some optimism. Previews of the BlackBerry 10 software have gotten favorable reviews on blogs. Financial analysts are starting to see some slight room for a comeback. RIM‘s stock has more than doubled to $ 15.66 from a nine-year low in September, though it’s still nearly 90 percent below its 2008 peak of $ 147.


RIM redesigned the system to embrace the multimedia, apps and touch-screen experience prevalent today. The company is promising a speedier device, a superb typing experience and the ability to keep work and personal identities separate on the same phone.


Most analysts consider a BlackBerry 10 success to be crucial for the company’s long-term viability. Doubts remain about the ability of BlackBerry 10 to rescue RIM.


“We’ll see if they can reclaim their glory. My sense is that it will be a phone that everyone says good things about but not as many people buy,” BGC Financial analyst Colin Gillis said.


Jefferies analyst Peter Misek called it a “great device” and said RIM does have some momentum just months after the Canadian company was written off for dead.


“Six months ago we talked to developers and carriers, and everybody was just basically saying ‘We’re just waiting for this to go bust,’” Misek said. “It was bad.”


The BlackBerry has been the dominant smartphone for on-the-go business people and crossed over to consumers. But when the iPhone came out in 2007, it showed that phones can do much more than email and phone calls. Suddenly, the BlackBerry looked ancient. In the U.S., according to research firm IDC, shipments of BlackBerry phones plummeted from 46 percent of the market in 2008 to 2 percent in 2012.


RIM promised a new system to catch up, using technology it got through its 2010 purchase of QNX Software Systems. RIM initially said BlackBerry 10 would come by early 2012, but then the company changed that to late 2012. A few months later, that date was pushed further, to early 2013, missing the lucrative holiday season. The holdup helped wipe out more than $ 70 billion in shareholder wealth and 5,000 jobs.


Although executives have been providing a glimpse at some of BlackBerry 10′s new features for months, Heins will finally showcase a complete system at Wednesday’s event. Devices will go on sale soon after that. The exact date and prices are expected Wednesday.


Regardless of BlackBerry 10′s advances, though, the new system will face a key shortcoming: It won’t have as many apps written by outside companies and individuals as the iPhone and Android. RIM has said it plans to launch BlackBerry 10 with more than 70,000 apps, including those developed for RIM’s PlayBook tablet, first released in 2011. Even so, that’s just a tenth of what the iPhone and Android offer. Popular service such as Instagram and Netflix won’t have apps on BlackBerry 10.


Gillis said he’ll be looking to see when RIM releases a keyboard version of the new phone. The first BlackBerry 10 phone will have only a touch screen. RIM has said a physical keyboard version will be released soon after. He said a delay could alienate RIM’s 79 million subscribers.


“The No. 1 feature that they like is the physical keyboard,” Gillis said.


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A-Rod implicated in PED use again as MLB probes


NEW YORK (AP) — Alex Rodriguez was ensnared in a doping investigation once again Tuesday when an alternative weekly newspaper reported baseball's highest-paid star was among a half-dozen players listed in records of a Florida clinic the paper said sold performance-enhancing drugs.


The Miami New Times said the three-time AL MVP bought human growth hormone and other performance-enhancing substances during 2009-12 from Biogenesis of America LLC, a now-closed anti-aging clinic in Coral Cables, Fla., near Rodriguez's offseason home.


The new public relations firm for the New York Yankees third baseman issued a statement denying the allegations.


The newspaper said it obtained records detailing purchases by Rodriguez, 2012 All-Star game MVP Melky Cabrera, 2005 AL Cy Young Award winner Bartolo Colon and 2011 AL championship series MVP Nelson Cruz of Texas.


Cabrera left San Francisco after the season to sign with Toronto, while Oakland re-signed Colon.


Other baseball players the newspaper said appeared in the records include Washington pitcher Gio Gonzalez, who finished third in last year's NL Cy Young Award voting, and San Diego catcher Yasmani Grandal.


Biogenesis, which the New Times said was run by Anthony Bosch, was located in a beige, nondescript office park. The former clinic is no longer listed as a business in its directory,


"There was a flier put out by the building management a couple weeks ago. It was put on all the doors and windows of all the offices," said Brad Nickel, who works in a group cruise planning company on the floor above where the clinic was located. "It just said this guy's not really a doctor, he doesn't belong here, he's no longer allowed here, call the police or the building management if you see him."


David Sierra, who works in his aunt's real estate office in the same building, kept a picture of the flier on his iPhone. He recognized the doctor in the picture from passing him in the hallway.


Sierra said while he never recognized any of the clients at the clinic, "there were always really nice cars in front — I'm not talking just Mercedes. Range Rovers, Bentleys."


The New Times posted copies of what it said were Bosch's handwritten records, obtained through a former Biogenesis employee it did not identify.


Bosch's lawyer, Susy Ribero-Ayala, said in a statement the New Times report "is filled with inaccuracies, innuendo and misstatements of fact."


"Mr. Bosch vehemently denies the assertions that MLB players such as Alex Rodriguez and Gio Gonzalez were treated by or associated with him," she said.


Rodriguez appears 16 times in the documents New Times received, the paper said, either as "Alex Rodriguez," ''Alex Rod" or the nickname "Cacique," a pre-Columbian Caribbean chief.


Rodriguez admitted four years ago that he used PEDs from 2001-03. Cabrera, Colon and Grandal were suspended for 50 games each last year by MLB following tests for elevated testosterone. Responding to the testosterone use, MLB and the players' union said Jan. 10 they were authorizing the World Anti-Doping Agency laboratory outside Montreal to store each major leaguer's baseline testosterone/epitestosterone (T/E) ratio in order to detect abnormalities.


"We are always extremely disappointed to learn of potential links between players and the use of performance-enhancing substances," MLB said in a statement. "Only law enforcement officials have the capacity to reach those outside the game who are involved in the distribution of illegal performance-enhancing drugs. ... We are in the midst of an active investigation and are gathering and reviewing information."


A baseball official, speaking on condition of anonymity because he was not authorized to make public statements, said Monday that MLB did not have any documentation regarding the allegations. If MLB does obtain evidence, the players could be subject to discipline. First offenses result in a 50-game suspension and second infractions in 100-game penalties. A third violation results in a lifetime ban.


Rodriguez is sidelined for at least the first half of the season after hip surgery Jan. 16. A 50-game suspension would cost him $7.65 million of his $28 million salary.


"The news report about a purported relationship between Alex Rodriguez and Anthony Bosch are not true," Rodriguez said in a statement issued by a publicist. "He was not Mr. Bosch's patient, he was never treated by him and he was never advised by him. The purported documents referenced in the story — at least as they relate to Alex Rodriguez — are not legitimate."


Jay Reisinger, a lawyer who has represented Rodriguez in recent years, said the three-time AL MVP had retained Roy Black, an attorney from Rodriguez's hometown of Miami. Black's clients have included Rush Limbaugh and William Kennedy Smith.


Bosch did not return a phone message seeking comment.


MLB hopes to gain the cooperation of Bosch and others connected with the clinic, another baseball official said, also on condition of anonymity because no public statements on the matter were authorized. In order to successfully discipline players based on the records, witnesses would be needed to authenticate them, the official said.


Players could be asked to appear before MLB for interviews, but the official said MLB would be reluctant to request interviews before it has more evidence.


Rodriguez spent years denying he used PEDs before Sports Illustrated reported in February 2009 that he tested positive for two steroids in MLB's anonymous survey while with the Texas Rangers in 2003. Two days later, he admitted in an ESPN interview that he used PEDs over a three-year period. He has denied using PEDs after 2003.


If the new allegations were true, the Yankees would face high hurdles to get out of the final five years and $114 million of Rodriguez's record $275 million, 10-year contract. Because management and the players' union have a joint drug agreement, an arbitrator could determine that any action taken by the team amounted to multiple punishments for the same offense.


But if Rodriguez were to end his career because of the injury, about 85 percent of the money owed by the Yankees would be covered by insurance, one of the baseball officials said.


The Yankees said "this matter is now in the hands of the commissioner's office" and said they will not comment further until MLB's investigation ends.


Gonzalez, 21-8 for the Washington Nationals last season, posted on his Twitter feed: "I've never used performance enhancing drugs of any kind and I never will, I've never met or spoken with tony Bosch or used any substance provided by him. anything said to the contrary is a lie."


Colon was not issuing a statement, agent Adam Katz said through spokeswoman Lisa Cohen.


"We are aware of certain allegations and inferences," Cruz's law firm, Farrell & Reisinger, said in a statement. "To the extent these allegations and inferences refer to Nelson, they are denied."


Sam and Seth Levinson, the agents for Cabrera, Cruz and Gonzalez, did not respond to emails seeking comment. Greg Genske, Grandal's agent, also did not reply to an email.


Cruz and Gonzalez had not previously been linked to performance-enhancing drugs. Cruz hit 24 home runs last year for the Texas Rangers, who says they notified MLB last week after being contacted by the New Times.


The New Times report said it obtained notes by Bosch listing the players' names and the substances they received. Several unidentified employees and clients confirmed to the publication that the clinic distributed the substances, the paper said. The employees said that Bosch bragged of supplying drugs to professional athletes but that they never saw the sports stars in the office.


The paper said the records list that Rodriguez paid for HGH; testosterone cream; IGF-1, a substance banned by baseball that stimulates insulin production; and GHRP, which releases growth hormones.


Rodriguez's cousin, Yuri Sucart, also is listed as having purchased HGH. Sucart was banned from the Yankees clubhouse, charter flights, bus and other team-related activities by MLB in 2009 after Rodriguez said Sucart obtained and injected PEDs for him.


Also listed among the records, according to the New Times, are tennis player Wayne Odesnik, Cuban boxer Yuriorkis Gamboa and Jimmy Goins, the strength and conditioning coach of the University of Miami baseball team.


Odesnik, who lost in the first round of qualifying for this year's Australian Open, is a former top-100 player who was suspended by the International Tennis Federation after Australian customs officers found eight vials containing HGH in his luggage when he arrived in that country ahead of a January 2010 tournament. He denied using HGH and never tested positive for it. What originally was a two-year ban was cut in half because the ITF said Odesnik cooperated with its anti-doping program.


"The statement about Wayne's relationship with Mr. Bosch is completely false, and Wayne has contacted the reporter and newspaper for a retraction," the tennis player's mother, Janice Odesnik, wrote in an email to The Associated Press.


Mia Ro, a spokeswoman for the federal Drug Enforcement Administration in Miami, said she could not confirm or deny the existence of an investigation into Bosch or the clinic.


The University of Miami said it was conducting "an intensive review" of the matter but did not identify Goins by name.


Goins was "very surprised" to learn of the allegations raised by the New Times, according to a statement from Michelle A. White, of the Coral Gables law firm of Fenderson & Hampton, which said it was representing him.


White would not comment on whether Goins was a patient of Bosch but added that Goins "has done nothing improper either personally or as a representative of the University of Miami," and denies any allegation or inference of wrongdoing.


___


Associated Press writers Jennifer Kay in Coral Cables, Fla., and Curt Anderson in Miami, and AP Sports Writers Howard Fendrich and Tim Reynolds contributed to this report.


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