DA investigating Texas’ troubled $3B cancer agency

AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $ 3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state’s chief public corruption prosecutor announced an investigation into the beleaguered agency.

No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney’s public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $ 11 million grant to a private company bypassed review.

That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation’s second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.

“Unfortunately, I have also been placed in a situation where I feel I can no longer be effective,” Gimson wrote in a letter dated Monday.

Gimson said the troubles have resulted in “wasted efforts expended in low value activities” at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency’s board must still approve his request to step down.

His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be “the bomb that destroys CPRIT.”

Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $ 11 million proposal in a funding slate without a required outside review of the project’s merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.

Gimson chalked up Peloton’s award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn’t satisfied some members of the agency’s governing board, who called last week for more assurances that no one personally profited.

Cox said he has been following the agency’s problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.

“We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more,” Cox said.

Gimson’s resignation letter was dated the same day the Texas attorney general’s office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.

Peloton’s award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $ 20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency’s rules.

Dozens of the nation’s top scientists agreed. They resigned en masse from the agency’s peer-review panels along with Gilman. Some accused the agency of “hucksterism” and charting a politically-driven path that was putting commercial product-development above science.

The latest shake-up at CPRIT caught Gilman’s successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn’t even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn’t with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.

“I don’t think people would resign frivolously, so there must be some substance to those concerns,” Kripke said.

Kripke also acknowledged the challenge of restocking the peer-review panels after the agency’s credibility was so publicly smeared by some of the country’s top scientists. She said she took the job because she felt the agency’s mission and potential was too important to lose.

Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $ 700 million so far.

Gov. Rick Perry told reporters in Houston on Tuesday that he wasn’t previously aware of the resignation but said Gimson’s decision to step down was his own.

Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.

Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.

“There appears to be a cover-up going on,” Bonner said.

Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn’t aware that its application was never scrutinized by an outside panel, as required under agency rules.

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HSBC to pay $1.9 billion U.S. fine in money-laundering case

(Reuters) – HSBC Holdings Plc agreed to pay a record $ 1.92 billion in fines to U.S. authorities for allowing itself to be used to launder a river of drug money flowing out of Mexico and other banking lapses.

Mexico‘s Sinaloa cartel and Colombia’s Norte del Valle cartel between them laundered $ 881 million through HSBC and a Mexican unit, the U.S. Justice Department said on Tuesday.

In a deferred prosecution agreement with the Justice Department, the bank acknowledged it failed to maintain an effective program against money laundering and failed to conduct basic due diligence on some of its account holders.

Under the agreement, which was reported by Reuters last week, the bank agreed to take steps to fix the problems, forfeit $ 1.256 billion, and retain a compliance monitor. The bank also agreed to pay $ 665 million in civil penalties to regulators including to the Office of the Comptroller of the Currency, the Federal Reserve, and the Treasury Department.

“We accept responsibility for our past mistakes. We have said we are profoundly sorry for them, and we do so again. The HSBC of today is a fundamentally different organization from the one that made those mistakes,” HSBC Chief Executive Stuart Gulliver said.

THE PLACE TO LAUNDER MONEY

HSBC‘s money-laundering lapses in Mexico and elsewhere were cited in an extensive Senate report earlier this year, but the documents filed in court on Tuesday provided new details.

Despite the known risks of doing business in Mexico, the bank put the country in its lowest risk category, which excluded $ 670 billion in transactions from the monitoring systems, according to the documents.

Bank officials repeatedly ignored internal warnings that HSBC‘s monitoring systems were inadequate, the Justice Department said. In 2008, for example, the CEO of HSBC Mexico was told that Mexican law enforcement had a recording of a Mexican drug lord saying that HSBC Mexico was the place to launder money.

Mexican traffickers used boxes specifically designed to the dimensions of an HSBC Mexico teller’s window to deposit cash on a daily basis.

The agreement also described a vastly understaffed compliance department. At times, only one to four employees were responsible for reviewing alerts identifying suspicious wire transactions. When HSBC processed bulk cash, a business it calls Banknotes, only one or two compliance officials oversaw transactions for 500 to 600 customers, the Justice Department said.

Compliance was “woefully inadequate,” Loretta Lynch, the U.S. Attorney in Brooklyn, said at a press conference.

SANCTIONS VIOLATIONS

In documents filed in federal court in Brooklyn, the Justice Department also charged the bank with violating sanctions laws by doing business with customers in Iran, Libya, Sudan, Burma and Cuba.

HSBC separately reached a settlement with British watchdog the Financial Services Authority.

“The HSBC settlement sends a powerful wakeup call to multinational banks about the consequences of disregarding their anti-money laundering obligations,” said Senator Carl Levin, who led the Senate inquiry.

U.S. and European banks have now agreed to settlements with U.S. regulators totaling some $ 5 billion in recent years on charges they violated U.S. sanctions and failed to police potentially illicit transactions.

No bank or bank executives have been indicted. Instead, prosecutors have used deferred prosecutions, under which criminal charges against a firm are set aside if it agrees to conditions such as paying fines and changing its behavior.

“In trying to reach a result that’s fair and just and powerful, you also have to look at the collateral consequences,” DOJ criminal chief Lanny Breuer said at the Brooklyn press conference.

The settlement is the third time in a decade that HSBC has been penalized for lax controls and ordered by U.S. authorities to improve its monitoring of suspicious transactions. Previous directives by regulators to improve oversight came in 2003 and in 2010.

Last month, HSBC told investors it had set aside $ 1.5 billion to cover fines or penalties stemming from the inquiry and warned that costs could be significantly higher.

Analyst Jim Antos of Mizuho Securities said that while the fine was huge in cash terms, the settlement costs were “trivial” in terms of the company’s book value.

HSBC shares closed up 0.56 percent at 644.8 pence in London.

ANTI-MONEY LAUNDERING CONTROLS

HSBC said it had increased spending on anti-money laundering systems by around nine times between 2009 and 2011, exited business relationships and clawed back bonuses for senior executives. As evidence of its determination to change, it cited the hiring last January of Stuart Levey, a former top U.S. Treasury Department official, as chief legal officer.

Under a five-year agreement with the Justice Department, HSBC agreed to have an independent monitor evaluate its progress in improving its compliance.

It also said that as part of the overhaul of its controls, it has launched a global review of its “Know Your Customer” files, which will cost an estimated $ 700 million over five years. The files are designed to ensure that banks do not unwittingly act as conduits for criminal funds.

HSBC‘s settlement comes a day after rival British bank Standard Chartered Plc agreed to a $ 327 million settlement with U.S. law enforcement agencies for sanctions violations, a pact that follows a $ 340 million settlement the bank reached with the New York bank regulator in August.

Such settlements have become commonplace. In what had been the largest settlement until this week, ING Bank NV in June agreed to pay $ 619 million to settle U.S. government allegations that it violated sanctions against countries including Cuba and Iran.

In the United States, J.P. Morgan Chase & Co, Wachovia Corp and Citigroup Inc have been cited for anti-money laundering lapses or sanctions violations.

HSBC‘s failings date to 2003, when the Federal Reserve Bank of New York and New York state regulators ordered it to better monitor suspicious money flows. In 2010, a consent order from the Comptroller of the Currency (OCC) ordered HSBC to review suspicious transactions. At the time, the OCC called HSBC‘s compliance program “ineffective.”

In 2008, the federal prosecutor in Wheeling, West Virginia, began investigating allegations that a local doctor used the bank to launder money from Medicare fraud.

Ultimately, the prosecutor’s office came to believe the case was “the tip of the iceberg” in terms of suspicious transactions conducted through HSBC, according to documents reviewed by Reuters and reported earlier this year.

(Additional reporting by Lawrence White and Michael Flaherty in Hong Kong, Steve Slater in London, Jessica Dye in Brooklyn; Editing by Peter Graff, John Wallace and Alden Bentley)

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Corruption probe shrouds Quebec in new darkness

MONTREAL (Reuters) – Half a century ago, a new crop of Quebec leaders sparked the so-called Quiet Revolution to eradicate the “Great Darkness” – decades of corruption that kept Canada‘s French-speaking province under the dominance of one party and the Catholic church.

The revolution’s reforms, including cleaning up the way lawmakers were elected and secularizing the education system, seemed to work, paving the way for decades of growth, progress and prominence as Canada emerged as a model of democracy.

Fifty years later, a public inquiry into corruption and government bid-rigging suggests the province’s politics are not as clean as Quebecers had hoped or believed.

Since May, when the inquiry opened in Montreal, Canadians have been getting daily doses of revelations of fraud through live broadcasts on French-language television stations. Corruption involving the Mafia, construction bosses and politicians, the inquiry has shown, drove up the average building cost of municipal contracts by more than 30 percent in Montreal, Canada’s second-largest city.

Last month, Montreal Mayor Gerald Tremblay resigned as did the mayor of nearby Laval, Gilles Vaillancourt. Both denied doing anything wrong, but said they could not govern amid the accusations of corruption involving rigging of municipal contracts, kickbacks from the contracts and illegal financing of elections.

Tremblay has not been charged by police. Vaillancourt’s homes and offices have been raided several times by Quebec’s anti-corruption squad, which operates independently of the inquiry, but no charges have been filed against him either. Police said the raids were part of an investigation but they would not release further details.

“Quebecers lived for several years under the impression that they had found the right formula, that their parties were clean,” said Pierre Martin, political science professor at the University of Montreal. Now, he said, “people at all levels are fed up.”

The inquiry must submit its final report to the Quebec government by next October. It has exposed practices worthy of a Hollywood noir thriller – a mob boss stuffing his socks with money, rigged construction contracts, call girls offered as gifts, and a party fundraiser with so much cash he could not close the door of his safe.

“Even though we are in the early days, what is emerging is a pretty troubling portrait of the way public contracts were awarded,” said Antonia Maioni, director of the McGill Institute for the Study of Canada in Montreal.

Quebec’s Liberals, the force behind the Quiet Revolution, launched the inquiry as rumors of corruption swirled. The government then called an election for September, a year ahead of schedule, in what was seen as an attempt to stop damaging testimony hurting its popularity.

The tactic did not help. Jean Charest’s Liberals lost to the Parti Quebecois, whose ultimate aim is to take the French-speaking province, the size of Western Europe, out of Canada.

‘IT WASN’T COMPLICATED’

According to allegations at the inquiry, the corruption helped three main entities: the construction bosses who colluded to bid on contracts, the Montreal Mafia dons who swooped in for their share, and the municipal politicians who received kickbacks to finance campaigns.

In Quebec, the Mafia has been dominated by the Rizzuto family, with tentacles to the rest of Canada and crime families in New York and abroad. But recently the syndicate has been facing challenges from other crime groups in Montreal, according to the Toronto-based Mafia analyst and author Antonio Nicaso.

The reputed godfather of the syndicate, Vito Rizzuto, has been subpoenaed to appear before the commission, but the date for his testimony has not been set.

The hearings have zeroed in on four construction bosses and how their companies worked with the Mafia, bribed municipal engineers and provided funds for mayoralty campaigns in Montreal, the business capital for Quebec’s 8 million people.

“It’s not good for the economy,” said Martin. “It’s not good for any kind of legitimate business that tries to enter into any kind of long-term relationship with the public sector.”

Quebec’s anti-corruption squad has arrested 35 people so far this year, staging well-publicized raids on mayoral offices and on construction and engineering companies. The squad has arrested civil servants and owners of construction companies, among others.

“I now must suffer an unbearable injustice,” Tremblay said in a somber resignation speech earlier this month after a decade as mayor of Montreal, saying he could not continue in office because the allegations of corruption were causing a paralysis at City Hall.

Some of the most explosive allegations at the inquiry, headed by Quebec Superior Court Justice France Charbonneau, came from Lino Zambito, owner of a now bankrupt construction company, and from a top worker for Tremblay’s political party, Union Montreal.

Zambito, who is seen as one of the smaller players and who also faces fraud charges, described a system of collusion between organized crime, business cartels and corrupt civil servants, with payments made according to a predetermined formula.

“The entrepreneurs made money, and there was an amount that was due to the Mafia,” Zambito told the inquiry. “It wasn’t complicated.”

Zambito said the Mafia got 2.5 percent of the value of a contract, 3 percent went to Union Montreal and 1 percent to the engineer tasked with inflating contract prices.

Tremblay did not respond to emails requesting comment on the allegations of corruption at city hall.

A former party organizer, Martin Dumont, alleged the mayor was aware of double bookkeeping used to hide illegal funding during a 2004 election.

Dumont said the mayor walked out of the room during a meeting that explained the double bookkeeping system, saying he did not want to know anything about it.

Dumont also described how he was called into the office of a fundraiser for Union Montreal to help close the door of a safe because it was too full of money.

“I think it was the largest amount I’d ever seen in my life,” Dumont said at the inquiry.

GOLF, HOCKEY, ESCORTS

The inquiry also saw videos linking construction company players with Mafia bosses. In one police surveillance video, a Mafia boss was seen stuffing cash into his socks.

A retired city of Montreal engineer, Gilles Surprenant, described how he first accepted a bribe in the late 1980s after being “intimidated” by a construction company owner. Over the years he said he accepted over $ 700,000 from the owners in return for inflating the price of the contracts.

Another retired engineer, Luc Leclerc, admitted to bagging half a million dollars for the same service. He said the system was well-known to many at city hall and simply part of the “business culture” in Montreal. He also got gifts and paid golf trips to the Caribbean with other businessmen and Mafia bosses.

Gilles Vezina, who is currently suspended from his job as a city engineer, concurred.

“It was part of our business relationships to get advantages like golf, hockey, Christmas gifts” from construction bosses, he told the inquiry in mid-November.

The gifts didn’t stop there. Vezina said he was twice offered the services of prostitutes from different construction bosses in the 1980s or early 1990s, which he said he refused.

The accusations are jarring for a country that prides itself on being one of the least corrupt places in the world, according to corruption watchdog Transparency International. But experts say corruption in Montreal was something of an open secret.

“The alarm signals have been going off here for 20 years and no one has done anything,” said Andre Cedilot, a former journalist who co-wrote a book on the Canadian Mafia.

Quebec’s new government has introduced legislation tasking the province’s securities regulator with vetting businesses vying for public contracts and allowing it to block companies that do not measure up.

Anti-corruption activist Jonathan Brun was not optimistic.

“You’ve got to use modern technology,” said Brun, a co-founder of Quebec Ouvert, a group that wants to make all information about contracts freely available rather than asking regulators to oversee individual companies. “You’ve got to change the entire system if you really want to fight corruption.”

(Writing by Russ Blinch; Editing by Janet Guttsman, Mary Milliken and Prudence Crowther)

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California PUC Finalizing Free Cell Phone Service for the Poor

As noted by KGO, the California Public Utilities Commission (CPUC) intends to approve a free lifeline cell phone plan that benefits California‘s poor and homeless residents. Funding for initial setup will come from the federal government.

What are the initial details of the plan?

Qualifying Californians pay an initial $ 20 fee to sign up for a monthly cell coverage plan. It offers 250 free minutes as well as 250 free text messages. From then on, the minutes and message count refill every month as long as the participant qualifies for the program. Assured Wireless — the name of the plan devised by Virgin Mobile, KERN Radio notes — has proposed this coverage to the CPUC.

Unlike the landline lifeline service, which only reduces a phone bill, this cell phone service is actually free of charge for participants. The company notes that plan participants can pay extra for international calling and for the purchase of additional minutes. The phone is free and network service is provided by Sprint. It is not known at this time if paying cell phone service customers will be charged a surcharge or fee to fund the program.

Who benefits from the free cell phone service?

The Coalition on Homelessness notes that those living on the streets will see an immediate benefit. “It’s so huge if you’re living outside you can dial 9-1-1 in the middle of the night; if you need to get in touch with your loved ones, you have a phone, if you’re trying to get in touch with a potential employer,” the Coalition on Homelessness’ Jennifer Friedenbach explained. Low-income wage earners, too, benefit since they no longer have to take money from other budget line items to afford a cell phone.

What is the wage income maximum for a qualifying program participant?

Participants cannot earn more than about $ 15,000 per year to qualify for the free cell phone program.

Is this type of program new?

This is not a new program. There are already 36 states that offer cell phone lifeline programs. The California PUC has thus far been unwilling to approve the program for the State of California.

Why does California need free cell phone service in the first place?

Although the State of California does participate in the federal lifeline landline service via local phone service providers, the number of landlines in service has decreased by 43 percent since 2000. On the flipside, the number of cell phones in use has increased by 123 percent.

What do critics say?

As noted by KERN, there is a question of taxpayer and cell phone customer cost. In other states, Sprint contributes to the program. It then has the option of charging its paying customers a fee that funds the program.

What do proponents say?

As noted by 4-Traders, Assurance Wireless has crunched the numbers for the entire nation and purports, “If all 28.5 million adults eligible for Lifeline Assistance were to take advantage of the program and earn at the same rate and level as [the study] sample, it would result in $ 3.7 billion in fresh income for the poor and near poor.”

What happens next?

As noted by the San Francisco Chronicle, the CPUC has already approved the Golden State’s participation in the program. It now needs to work out the details of Assurance Wireless’ promotional programs to advertise the free cell phone service. Program finalization is tentatively set for two weeks from now.

Sylvia Cochran is a Los Angeles area resident with a firm finger on the pulse of California politics. Talk radio junkie, community volunteer and politically independent, she scrutinizes the good and the bad from both sides of the political aisle.

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Mexico: Rivera’s plane hit with ‘terrible’ impact

MEXICO CITY (AP) — The plane carrying Mexican-American music superstar Jenni Rivera plunged almost vertically from more than 28,000 feet and hit the ground in a nose-dive at a speed that may have exceeded 600 miles per hour, Mexico‘s top transportation official said Tuesday.

In the first detailed account of the moments leading up to the crash that killed Rivera and six other people, Secretary of Communications and Transportation Gerardo Ruiz Esparza told Radio Formula that the twin-engine turbojet hit the ground 1.2 miles from where it began falling.

“The plane practically nose-dived,” he said. “The impact must have been terrible.”

Ruiz did not offer any explanation of what may have caused the plane to plummet, saying only that “The plane fell from an altitude of 28,000 feet … It may have hit a speed higher than 1,000 kph (621 mph).”

Ruiz said the pilot of the plane, Miguel Perez Soto, had a valid Mexican pilot’s license that would have expired in January. Photos of a temporary pilot’s certificate issued by the U.S. Federal Aviation Administration and found amid the wreckage said that Perez was 78.

Ruiz said there is no age limit for flying a civil aviation aircraft, though for commercial it’s 65.

Mexican authorities were performing DNA tests Tuesday on remains believed to belong to Rivera and the others killed when her plane went down in northern Mexico early Sunday morning.

Investigators said it would take days to piece together the wreckage of the plane carrying Rivera and find out why it went down.

The U.S. National Transportation Safety Board said it was sending a team to help investigate the crash of the Learjet 25, which disintegrated on impact in the rugged terrain in Nuevo Leon state in northern Mexico.

Human remains found in the wreckage were moved to a hospital in Monterrey, the closest major city to the crash, and Rivera’s brother Lupillo was driven past a crowd of reporters to the area where the remains were being kept. He did not speak to the press.

A state official, speaking on condition of anonymity because of the ongoing investigation, said investigators were testing DNA from the remains in order to provide families with definitive confirmation of the deaths of their loved ones.

“We’re in the process of picking up the fragments and we have to find all the parts,” Argudin told reporters on Monday. “Depending on weather conditions it would take us at least 10 days to have a first report and many more days to have a report by experts.”

In an interview on Radio Formula, Alejandro Argudin, head of Mexico’s civil aviation agency, said Mexican investigators weren’t sure yet if the Learjet had been equipped with flight data recorders. He also said there had been no emergency call from the plane before the crash.

Fans of Rivera, who sold 15 million records and was loved on both sides of the border for her down-to-earth style and songs about heartbreak and overcoming pain, put up shrines to her with burning candles, flowers and photographs in cities from Hermosillo, Mexico to Los Angeles.

Some Spanish-language radio stations played her songs nonstop.

A brother, Juan Rivera, as well as mother Rosa Saavedra, still held on to hope that she would be found alive.

“I still trust God that perhaps the body isn’t hers,” Saavedra said in a press conference Tuesday, adding that she could have been kidnapped and another woman was at the crash site. “We’re hoping it’s not true, that perhaps someone took her and left another woman there.”

The 43-year-old California-born Rivera known as the “Diva de la Banda” died as her career peaked. She was perhaps the most successful female singer in grupero, a male-dominated Mexico regional style, and had branched out into acting and reality television.

Besides being a singer, she appeared in the indie film Filly Brown, which was shown at the Sundance Film Festival, and was filming the third season of “I love Jenni,” which followed her as she shared special moments with her children and as she toured through Mexico and the United States.

The Learjet 25, number N345MC, with Rivera aboard was en route from Monterrey to Toluca, outside Mexico City, when it was reported missing about 10 minutes after takeoff.

Ruiz said Mexican officials are investigating why the U.S. plane was carrying passengers between two Mexican destinations, something that’s against regulation. U.S- registered planes can only fly paying passengers internationally into Mexico. He said the plane’s owner, Starwood Management of Las Vegas, said Rivera was not renting the jet, but was receiving a free flight because Starwood thought it would promote the aircraft, which was for sale.

That would be allowed under Mexican law, Ruiz said.

“The Civil Aviation Department has instructions to investigate this point specifically,” he said, adding that he’s also asking other authorities to verify the company’s story about why one of its planes was flying between Mexican destinations.

According to the U.S. National Transportation Safety Board, the same plane was substantially damaged in a 2005 landing mishap at Amarillo International Airport in Texas. It hit a runway distance marker after losing directional control. There were four aboard but no injuries. It was registered to a company in Houston, Texas, as the time.

Starwood has been the subject of a lawsuit and investigations, though none so far have centered on the plane that carried Rivera.

Another of its planes was seized in September by the U.S. Drug Enforcement Administration in McAllen, Texas.

A federal lawsuit in Nevada filed by QBE Insurance Corp. alleges that a Starwood aircraft was ordered seized by the DEA when it landed in McAllen, Texas, from Mexico on Sept. 12. The New York-based insurer sued in October to rescind coverage for the Hawker 700 jet.

Starwood, in a court filing, acknowledged that the DEA was involved in the seizure of the aircraft.

QBE, based in New York, said the DEA also seized a Starwood-owned Gulfstream G-1159A — insured by another company — when it landed in Tucson from Mexico in February. Starwood said in its court filing that it didn’t have enough information to address the allegation.

Nevada secretary of state records list only one Starwood officer — Norma Gonzalez — but QBE alleges that the company is owned and managed by Ed Nunez, who, according to the lawsuit, is also known as Christian Esquino and had a long criminal history.

Starwood rejected the insurer’s description of Nunez’s role at the company.

According to QBE’s lawsuit, Esquino pleaded guilty in federal court in Orlando, Florida, in 1993 to conspiracy to possess and distribute cocaine.

QBE said Esquino also served two years in prison after pleading guilty to conspiracy to commit fraud involving an aircraft in Southern California in 2004. QBE said Esquino’s attorney stated in court back then that his client had been under investigation by the DEA for more than a year.

Starwood said in its court filing that it didn’t have enough information to address either the Florida or Southern California case against Esquino.

George Crow, an attorney for Starwood, did not immediately respond to phone and email messages left after business hours Monday.

___

Ibarra reported from Monterrey, Mexico. Raquel Dillon in Los Angeles and Elliot Spagat in San Diego contributed to this report.

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Doctors Fight Leukemia With HIV

Dec 10, 2012 7:33pm

Image credit: Christine Chardo Photography for The Tiny Sparrow Foundation

By Ann Reynolds:

In April, Emma Brooke Whitehead’s leukemia seemed unbeatable.

Emma, a 6-year-old from Phillipsburg, Pa., had been fighting the disease for nearly two years and doctors at Children’s Hospital of Philadelphia said there were no standard treatments left.  So they took a gamble on a new, potentially groundbreaking treatment — using HIV.

They removed millions of Emma’s disease-fighting white blood cells and used genetically altered HIV — a virus that easily gets into human immune systems — to turn Emma’s cells into a kind of immunological “directed missile,” specifically programmed to destroy the leukemia cells.  The cells were then returned to Emma’s body.

“All of the things that make the HIV virus able to cause disease have been removed from this particular virus whose only purpose is to put a gene into a cell,” said Dr. Stephan Grupp, a pediatric oncologist at CHOP who uses HIV to infiltrate the immune system. “There is no danger of infection and there is no longer the HIV virus.”

Kari Whitehead, Emma’s mother, said that initially after the treatment Emma became very ill — she had a fever as high as 105 degrees — and doctors warned the family that she might not make it through the night.

Grupp then gave the second grader a rheumatoid arthritis drug “off label.”  In arthritis, the drug was meant to block a specific part of the body’s immune reaction, part caused by white blood cells called T cells.  In Emma’s case, it blocked the side effect of the cancer treatment. In just 12 hours, she stabilized.

“She was the first child in the world they tried it on and they told us they didn’t know what to expect,” Whitehead told ABC News. “They do feel now that the arthritis drug that they used will keep the kids in the future from getting any where close to that [sick].”

Grupp says that Emma, now eight months past her treatment, is in complete remission.

“She has no leukemia in her body for any test that we can do — even the most sensitive tests,” he said. “We need to see that the remission goes on for a couple of years before we think about whether she is cured or not. It is too soon to say.”

He said that the treatment is being tried experimentally at two hospitals and was intended for childhood leukemia that has returned and no longer responds to chemotherapy. He said doctors hoped the T cell treatment would eventually replace bone marrow transplants.

“This treatment was really her [Emma's] only chance,” Grupp said. “She has been treated with extended chemotherapy and she wasn’t getting any better. … For me, it’s incredible.”

Whitehead said Emma, now 7, looked and felt “amazing” and had reunited with her dog Lucy.

“There is a big difference,” she said. “She has a ton of energy. She’s back with her class. She was even able to play a little bit of soccer. So she’s doing wonderful right now.”

SHOWS: World News

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A Kinder, Gentler Lexus Christmas Commercial

Maybe there’s hope for mankind after all.

Much has been written (and satirized) about the disconnect between the world where most of us live and the one portrayed in the Lexus (TM) “December to Remember” car ads. In Lexus World, some lucky person of wealthy extraction is given a new car with a fancy red bow. The cutesy tricks employed to surprise the wife/husband/girlfriend/boyfriend only makes it more painful for those who know the best they can hope for is the Bad 25th anniversary box set.

But this year’s batch of Lexus ads appear to have lost a bit of their Masters of the Universe edge. The 2012 message seems to be: We know you probably won’t rig your luxury apartment elevator to play the Lexus jingle as part of an elaborate gift-giving ritual. But should you tear yourself away from Facebook (FB) for a few moments to go experience the good life, we hope it will be in a Lexus.

Whether that makes anyone actually buy a Lexus is another question. Some of the commenters on the Lexus Enthusiast blog are underwhelmed and think the ads are skewed too much toward young viewers. And after losing its U.S. luxury car crown to BMW (BMW) and Mercedes (DAI) last year, Lexus needs all the help it can get.

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Egypt army given temporary power to arrest civilians

CAIRO (Reuters) – Egypt’s Islamist president has given the army temporary power to arrest civilians during a constitutional referendum he is determined to push through despite the risk of bloodshed between his supporters and opponents accusing him of a power grab.

Seven people were killed and hundreds wounded last week in clashes between the Islamist Muslim Brotherhood and their critics besieging Mohamed Mursi’s graffiti-daubed presidential palace. Both sides plan mass rallies on Tuesday.

The elite Republican Guard has yet to use force to keep protesters away from the palace, which it ringed with tanks, barbed wire and concrete barricades after last week’s violence.

Mursi, bruised by calls for his downfall, has rescinded a November 22 decree giving him wide powers but is going ahead with a referendum on Saturday on a constitution seen by his supporters as a triumph for democracy and by many liberals as a betrayal.

A decree issued by Mursi late on Sunday gives the armed forces the power to arrest civilians and refer them to prosecutors until the announcement of the results of the referendum, which the protesters want cancelled.

Despite its limited nature, the edict will revive memories of Hosni Mubarak’s emergency law, also introduced as a temporary expedient, under which military or state security courts tried thousands of political dissidents and Islamist militants.

But a military source stressed that the measure introduced by a civilian government would have a short shelf-life.

“The latest law giving the armed forces the right to arrest anyone involved in illegal actions such as burning buildings or damaging public sites is to ensure security during the referendum only,” the military source said.

Presidential spokesman Yasser Ali said the committee overseeing the vote had requested the army’s assistance.

“The armed forces will work within a legal framework to secure the referendum and will return (to barracks) as soon as the referendum is over,” Ali said.

Protests and violence have racked Egypt since Mursi decreed himself extraordinary powers he said were needed to speed up a troubled transition since Mubarak’s fall 22 months ago.

The Muslim Brotherhood has voiced anger at the Interior Ministry’s failure to prevent protesters setting fire to its headquarters in Cairo and 28 of its offices elsewhere.

Critics say the draft law puts Egypt in a religious straitjacket. Whatever the outcome of the referendum, the crisis has polarized the country and presages more instability at a time when Mursi is trying to steady a fragile economy.

On Monday, he suspended planned tax increases only hours after the measures had been formally decreed, casting doubts on the government’s ability to push through tough economic reforms that form part of a proposed $ 4.8 billion IMF loan agreement.

“VIOLENT CONFRONTATION”

Rejecting the referendum plan, opposition groups have called for mass protests on Tuesday, saying Mursi’s eagerness to push the constitution through could lead to “violent confrontation”.

Islamists have urged their followers to turn out “in millions” the same day in a show of support for the president and for a referendum they feel sure of winning with their loyal base and perhaps with the votes of Egyptians weary of turmoil.

The opposition National Salvation Front, led by liberals such as Mohamed ElBaradei and Amr Moussa, as well as leftist firebrand Hamdeen Sabahy, has yet to call directly for a boycott of the referendum or to urge their supporters to vote “no”.

Instead it is contesting the legitimacy of the vote and of the whole process by which the constitution was drafted in an Islamist-led assembly from which their representatives withdrew.

The opposition says the document fails to embrace the diversity of 83 million Egyptians, a tenth of whom are Christians, and invites Muslim clerics to influence lawmaking.

But debate over the details has largely given way to noisy street protests and megaphone politics, keeping Egypt off balance and ill-equipped to deal with a looming economic crisis.

“Inevitability of referendum deepens divisions,” was the headline in Al-Gomhuriya newspaper on Monday. Al Ahram daily wrote: “Political forces split over referendum and new decree.”

Mursi issued another decree on Saturday to supersede his November 22 measure putting his own decisions beyond legal challenge until a new constitution and parliament are in place.

While he gave up extra powers as a sop to his opponents, the decisions already taken under them, such as the dismissal of a prosecutor-general appointed by Mubarak, remain intact.

“UNWELCOME” CHOICE

Lamia Kamel, a spokeswoman for former Arab League chief Moussa, said the opposition factions were still discussing whether to boycott the referendum or call for a “no” vote.

“Both paths are unwelcome because they really don’t want the referendum at all,” she said, but predicted a clearer opposition line if the plebiscite went ahead as planned.

A spokeswoman for ElBaradei, former head of the U.N. nuclear watchdog, said: “We do not acknowledge the referendum. The aim is to change the decision and postpone it.”

Mahmoud Ghozlan, the Muslim Brotherhood’s spokesman, said the opposition could stage protests, but should keep the peace.

“They are free to boycott, participate or say no, they can do what they want. The important thing is that it remains in a peaceful context to preserve the country’s safety and security.”

The army stepped into the conflict on Saturday, telling all sides to resolve their disputes via dialogue and warning that it would not allow Egypt to enter a “dark tunnel”.

A military source said the declaration read on state media did not herald a move by the army to retake control of Egypt, which it relinquished in June after managing the transition from Mubarak’s 30 years of military-backed one-man rule.

The draft constitution sets up a national defense council, in which generals will form a majority, and gives civilians some scrutiny over the army – although not enough for critics.

In August Mursi stripped the generals of sweeping powers they had grabbed when he was elected two months earlier, but has since repeatedly paid tribute to the military in public.

So far the army and police have taken a relatively passive role in the protests roiling the most populous Arab nation.

(Additional reporting by Edmund Blair and Yasmine Saleh; editing by Philippa Fletcher)

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The Wii U uses less than half the power of the Xbox 360 and the PS3

Nintendo’s (NTDOY) Wii prided itself for being a super energy-efficient console that ran nearly silent and sipped very little electricity. And although Microsoft’s (MSFT) Xbox 360 was originally a loud monster with a penchant for Red-Ring-of-Death-ing itself, the amount of power it consumed was never as much as Sony’s (SNE) launch PlayStation 3, which used more power than a refrigerator. Eurogamer took it upon itself to pit the Wii U against the Xbox 360 S and new super slim PS3 and concluded that Nintendo’s new console “draws so little power in comparison to its rivals that its tiny casing still feels cool to the touch during intense gaming.” Most impressive is that the Wii U maintains its low-wattage while fitting in a chassis that’s smaller than both the Xbox 360 and PS3.

According to Eurogamer’s tests, the Wii U draws only 32 watts of power during gameplay of games that are as graphically intensive as the 360 and PS3, with both consoles using 118% and 139$ % more power, respectively.

To achieve such “green” levels, Nintendo clocks the Wii U’s CPU to 1.24GHz and “uses far fewer transistors than the competition.” While there are still some mysteries as to how the hardware remains cool, Eurogamer also discovered that the AMD-built GPU increases performance by “40 per cent per square millimetre of silicon – another big leap in efficiency.”

Most disappointing in Eurogamer’s analysis is that they weren’t able to get the Wii U’s wattage to spike more than 33 watts, suggesting that the console can’t be over-clocked in the future to pump out more polygons.

If you’re still on the fence on which console you should buy or play games on, the Wii U looks to be the one that’ll keep your electric bill nice and low.

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Andy Serkis plays dual role in ‘Hobbit’ – Gollum and director

LOS ANGELES (Reuters) – Andy Serkis reprises his role as Gollum in “The Hobbit: An Unexpected Journey,” to be released worldwide this week, but his main role this time was as a second unit director, shooting battle sequences in 3D for director Peter Jackson.

The British-born actor, 48, who rose to fame as the obsessive Gollum in Jackson’s “The Lord of the Rings” trilogy, spoke with Reuters about playing the popular CGI character, and his role behind the camera in New Zealand for “The Hobbit.”

Q: Was it nice to get re-acquainted with Gollum after almost 10 years?

A: “Yes, but he’s never been that far away from me. Not a day goes by where I’m not reminded of Gollum by some person in the street who asks me to do his voice or wants to talk to me about him. But because ‘The Hobbit’ has been talked about as a project for many years, I knew that at some point I’d have to reengage with him.”

Q: Martin Freeman (Bilbo Baggins) is new to the franchise and so are many other actors. As a veteran, did they come to you for advice?

A: “It sort of manifested itself more in a way where (as a vet) you understand the scale and scope of what’s required stamina-wise. It’s a different rhythm than most movies. For a lot of the actors, you’re 12,000 miles away from home. It becomes a way of life – getting up at five in the morning, shooting every day, day in day out, for 270 days. The new cast playing the dwarves were carrying incredibly heavy weights in their suits, they sat through hours of make-up every day. So it’s quite challenging from a stamina point of view.”

Q: Playing Gollum was not your only job. You were also doing second unit directing. What did that entail?

A: “Directing was my main job this time – more than playing Gollum. I worked 200 days with a huge team shooting battle sequences, aerials. It was an amazing experience and one which I was very, very thankful to Peter for asking me to do.”

Q: How did that come about?

A: “I’d already started directing short films when we were doing ‘Lord of the Rings,’ then videogame projects. So Peter’s known that I’ve been heading towards directing for a long time. But I always thought my first outing would be a couple of people and a digital camera in the back streets of London somewhere!”

Q: Why do you think Peter let you do it?

A: “I think because the second unit was going to have a lot of principal cast, Peter wanted someone that could take care of the performances and create an atmosphere where the actors felt safe. Obviously I was briefed closely by Peter. But it was a huge challenge – mental, technological. I’d never shot with 3D. Plus the day to day logistics of dealing with such an enormous operation.”

Q: Any plans to direct again?

A: “Just before I headed off to New Zealand to work on ‘The Hobbit,’ I was in the process of setting up (my new company) The Imaginarium (with producer Jonathan Cavendish), which is a performance-capture studio and a development company. We are developing our own slate of film projects, one of which is George Orwell’s ‘Animal Farm.’ It’s going to be the first film that I’ll be directing.”

Q: Where does acting fit in to your newfound career?

A: “At the moment, my trajectory isn’t to think about acting. I’m absolutely devoted to The Imaginarium, our projects and directing. And watching and enabling other actors do their thing in our studio is hugely rewarding. I expect at some point I’ll probably want to go back on stage and do some theater, because I’ve not done theater in 10 years.”

Q: With two more installments of “The Hobbit” still to come over the next few years, you’ll be the voice of Gollum for fans for many more years. Are your kids proud or embarrassed when you’re asked do his distinctive raspy voice?

A: “I’m probably running out of credits in terms of my kids enjoying me do the Gollum voice for others. Especially my older ones (Ruby, 14, Sonny, 12). It was cool when they were younger. But my youngest (Louie, 8) absolutely revels in it. He would have me do it all day long for his friends at school. So I still have great currency there!”

(Reporting By Zorianna Kit; Editing by Jill Serjeant and Nick Zieminski)

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