U.S. Embassy Denies Intervening in Mexico Cabinet Choice





The United States Embassy in Mexico on Friday issued a statement denying an article in The New York Times that reported that Ambassador Anthony Wayne had met with senior Mexican officials to discuss American concerns about the possible appointment of Gen. Moisés García Ochoa of Mexico as that country’s defense secretary.




“Despite significant reporting in the Mexican press during the presidential transition about the potential candidates to head Mexico’s military,” the statement read, “Ambassador Wayne did not discuss Gen. Moisés García Ochoa with Miguel Ángel Osorio Chong, now secretary of government, or Jorge Carlos Ramírez Marín, now secretary for agrarian, territorial and urban development (SEDATU), as reported in the New York Times story.”


The embassy’s statement comes 11 days after the Times article about Washington’s exchanges with Mexico regarding General García Ochoa. It follows an avalanche of outrage in the Mexican news media, whose columnists and commentators have accused the United States of “vetoing” General García’s nomination and of infringing on Mexican sovereignty. Some in the news media have called on Mexico’s new president, Enrique Peña Nieto, to rethink the terms of his government’s cooperation with the Obama administration on security matters.


The embassy statement on Friday also came after an earlier statement by William Ostick, a State Department spokesman, that did not dispute the facts in the Times’ account.


On Feb. 4, The Times reported that some senior American officials suspected General García Ochoa of skimming money from multimillion-dollar defense contracts. It reported that the Drug Enforcement Administration suspected the general of having links to drug traffickers dating back to the late 1990s. And the newspaper reported that Ambassador Wayne discussed those concerns with Mexican officials.


In the end, General García Ochoa was passed over for his government’s top military job. The Times reported that it was unclear whether American concerns played a role in Mexico’s decision.


The Mexican government made no statement to The Times on the article. But Mr. Osorio Chong denied to Mexican newspapers that the United States had vetoed or made suggestions on any appointment, and Mr. Ramírez Marín has told Mexican reporters that while he and Mr. Chong were present at a meeting with the ambassador before the inauguration to discuss relations, the general’s possible appointment was not discussed.


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Molly Sims: I Nursed a Little Vampire!




Celebrity Baby Blog





02/15/2013 at 01:00 PM ET



Following the birth of her baby boy, Molly Sims was ready to sink her teeth into breastfeeding.


The only problem? Her son Brooks Alan had beaten her to it.


“Early on in the hospital, they really want you to breastfeed, so I’m trying everything,” the model mama, 39, shared during a Wednesday appearance on Anderson Live.


“And I’m like, ‘Gosh, this really, really hurts.’ And they’re like, ‘Oh, we know.’”


Determined to find the root of the pain, Sims went searching in her newborn’s mouth — and was shocked at her discovery.


“I’m like, ‘Is there any way a baby could be born with a tooth?’” she recalls. “And they went, ‘Oh sweetie, I know you’re a model, but … babies aren’t born with teeth!’”


She continues: “Come to find out, my baby was born with a tooth!”


Molly Sims Breastfeeding Anderson Live
Courtesy ANDERSON LIVE



Despite countless attempts to successfully nurse — “I did nipple shields, nipple guards, supplemental nursing system, it was horrible,” the new mom says — Sims eventually decided to call it quits.


“He was literally like a vampire on me for three months — it was unbelievable,” she says with a laugh. “Cut to I’m not breastfeeding and I’m proud of it.”


Now Brooks, 7 months, has moved on to other milestones — including crawling — and is already taking after his dad, Scott Stuber.


“He has the hairline of my husband. It’s like an Eddie Munster kind of hairline. It’s not so attractive, but [he'll] end up growing into it,” Sims says.


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States' choices set up national health experiment


WASHINGTON (AP) — President Barack Obama's health care overhaul is unfolding as a national experiment with American consumers as the guinea pigs: Who will do a better job getting uninsured people covered, the states or the feds?


The nation is about evenly split between states that decided by Friday's deadline they want a say in running new insurance markets and states that are defaulting to federal control because they don't want to participate in "Obamacare." That choice was left to state governments under the law: Establish the market or Washington will.


With some exceptions, states led by Democrats opted to set up their own markets, called exchanges, and Republican-led states declined.


Only months from the official launch, exchanges are supposed to make the mind-boggling task of buying health insurance more like shopping on Amazon.com or Travelocity. Millions of people who don't have employer coverage will flock to the new markets. Middle-class consumers will be able to buy private insurance, with government help to pay the premiums in most cases. Low-income people will be steered to safety net programs like Medicaid.


"It's an experiment between the feds and the states, and among the states themselves," said Robert Krughoff, president of Consumers' Checkbook, a nonprofit ratings group that has devised an online tool used by many federal workers to pick their health plans. Krughoff is skeptical that either the feds or the states have solved the technological challenge of making the purchase of health insurance as easy as selecting a travel-and-hotel package.


Whether or not the bugs get worked out, consumers will be able to start signing up Oct. 1 for coverage that takes effect Jan. 1. That's also when two other major provisions of the law kick in: the mandate that almost all Americans carry health insurance, and the rule that says insurers can no longer turn away people in poor health.


Barring last-minute switches that may not be revealed until next week, 23 states plus Washington, D.C., have opted to run their own markets or partner with the Obama administration to do so.


Twenty-six states are defaulting to the feds. But in several of those, Republican governors are trying to carve out some kind of role by negotiating with federal Health and Human Services Secretary Kathleen Sebelius. Utah's status is unclear. It received initial federal approval to run its own market, but appears to be reconsidering.


"It's healthy for the states to have various choices," said Ben Nelson, CEO of the National Association of Insurance Commissioners. "And there's no barrier to taking somebody else's ideas and making them work in your situation." A former U.S. senator from Nebraska, Nelson was one of several conservative Democrats who provided crucial votes to pass the overhaul.


States setting up their own exchanges are already taking different paths. Some will operate their markets much like major employers run their health plans, as "active purchasers" offering a limited choice of insurance carriers to drive better bargains. Others will open their markets to all insurers that meet basic standards, and let consumers decide.


Obama's Affordable Care Act remains politically divisive, but state insurance exchanges enjoy broad public support. Setting up a new market was central to former Republican presidential candidate Mitt Romney's health care overhaul as governor of Massachusetts. There, it's known as the Health Connector.


A recent AP poll found that Americans prefer to have states run the new markets by 63 percent to 32 percent. Among conservatives the margin was nearly 4-1 in favor of state control. But with some exceptions, including Idaho, Nevada and New Mexico, Republican-led states are maintaining a hands-off posture, meaning the federal government will step in.


"There is a sense of irony that it's the more conservative states" yielding to federal control, said Sandy Praeger, the Republican insurance commissioner in Kansas, a state declining to run its own exchange. First, she said, the law's opponents "put their money on the Supreme Court, then on the election. Now that it's a reality, we may see some movement."


They're not budging in Austin. "Texas is not interested in being a subcontractor to Obamacare," said Lucy Nashed, spokeswoman for Gov. Rick Perry, who remains opposed to mandates in the law.


In Kansas, Praeger supported a state-run exchange, but lost the political struggle to Gov. Sam Brownback. She says Kansans will be closely watching what happens in neighboring Colorado, where the state will run the market. She doubts that consumers in her state would relish dealing with a call center on the other side of the country. The federal exchange may have some local window-dressing but it's expected to function as a national program.


Christine Ferguson, director of the Rhode Island Health Benefits Exchange, says she expects to see a big shift to state control in the next few years. "Many of the states have just run out of time for a variety of reasons," said Ferguson. "I'd be surprised if in the longer run every state didn't want to have its own approach."


In some ways, the federal government has a head start on the states. It already operates the Medicare Plan Finder for health insurance and prescription plans that serve seniors, and the Federal Employees Health Benefits Program. Both have many of the features of the new insurance markets.


Administration officials are keeping mum about what the new federal exchange will look like, except that it will open on time and people in all 50 states will have the coverage they're entitled to by law.


Joel Ario, who oversaw planning for the health exchanges in the Obama administration, says "there's a rich dialogue going on" as to what the online shopping experience should look like. "To create a website like Amazon is a very complicated exercise," said Ario, now a consultant with Manatt Health Solutions.


He thinks consumers should be able to get one dollar figure for each plan that totals up all their expected costs for the year, including premiums, deductibles and copayments. Otherwise, scrolling through pages of insurance jargon online will be a sure turn-off.


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After decent rally, perhaps time for a pause

NEW YORK (Reuters) - Stocks could struggle to extend their seven-week winning streak as the quarterly earnings period draws to a close and the market bumps into strong technical resistance.


Many analysts say the market could spend the next few weeks consolidating gains that have lifted the benchmark Standard & Poor's 500 <.spx> by 6.6 percent since the start of the year.


The S&P 500 ended up 0.1 percent for the week, recovering from a late sell-off on Friday after a Bloomberg report about slow February sales at Wal-Mart triggered a slide in the retailer's shares. It was the index's seventh week of gains.


Odds of a pullback are increasing, with the market in slightly overbought territory, said Bruce Zaro, chief technical strategist at Delta Global Asset Management in Boston.


"I do suspect the closing of the earnings season will lead to at least a pause and possibly a pullback," Zaro said. The S&P 500 could shave 3 to 5 percent between now and early April, he said.


Fourth-quarter earnings have mostly beaten expectations. Year-over-year profit growth for S&P 500 companies is now estimated at 5.6 percent, up from a January 1 forecast for 2.9 percent growth, and 70 percent of companies are exceeding analyst profit expectations, above the 62 percent long-term average, according to Thomson Reuters data.


On Thursday, Wal-Mart, the world's largest retailer, is due to report results, unofficially closing out the earnings period. Investors will be keen to see its quarterly numbers, especially after the Friday's news report that rattled investors.


The S&P 500 has gained 4.3 percent since Alcoa kicked off the earnings season on January 8.


The approaching March 1 deadline for across-the-board federal budget cuts unless Congress reaches a compromise adds another reason for caution, especially with recent economic data indicating the recovery remains bumpy.


Manufacturing output fell 0.4 percent last month, the Federal Reserve said on Friday, but production in November and December was much stronger than previously thought.


TESTING RESISTANCE


The S&P 500 has been trading near five-year highs, and it notched its highest level since November 2007 this week. But the gains have pushed the benchmark index almost as far as it is likely to go in the near term, with strong resistance hovering around 1,525 and 1,540, one analyst said.


As a result, the index is set to move sideways, said Dave Chojnacki, market technician at Street One Financial in Huntington Valley, Pennsylvania. "We just don't have the volume or the catalyst right now" to go above those levels, he said.


At the same time, other analysts say, the market has not shown significant signs of slowing, including a break below 15- and 30-day moving averages.


Such moves would be needed to show that momentum is slowing or that the market is at risk of a correction, said Todd Salamone, director of research for Schaeffer's Investment Research in Cincinnati, Ohio. The S&P 500's 14-day moving average is at 1,511 while the 30-day is at 1,494. The index closed Friday at 1,519.


Recent M&A activity, including news this week of a merger between American Airlines and US Airways Group , helped provide some strength for the market this week and optimism that more deals may be on the way.


In the coming days, the market will focus on minutes from the latest Federal Reserve meeting, due to be released on Wednesday, which could provide support if they suggest the Fed will remain on its current course of aggressive monetary easing.


The Fed minutes released in January spooked markets a bit when they revealed that some Fed officials thought it would be appropriate to consider ending asset purchases later in 2013. U.S. Treasury yields rose on that news, though market worries about a near-term end to quantitative easing have since faded.


Among other companies expected to report earnings next week are Nordstrom , Hewlett-Packard and Marriott International


(Reporting By Caroline Valetkevitch; Editing by Leslie Adler)



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India Ink: Powering an Enclave With Dosas


Brian Harkin for The New York Times


Krish Doshi, left, with his brother Karan Doshi, both 8, at Usha Foods in Floral Park, Queens. More Photos »







After much debate, it was decided: masala dosas all around.




The retirees clustered in front of the counter at Usha Foods, then got down to business: Who was paying? Seven credit cards appeared and seven hands waved them at the cashier, until one gray-haired man succeeded in swatting his friends away. Behind them, a scrum waited to order, chattering above the whir of the microwave and the warble of Bollywood hits. Over it all, a young man behind the counter raised a tray high and shouted: “Mr. Kamal! Two chole bhature!”


Usha Foods was one of the first Indian-owned businesses in Floral Park, Queens. Today, it’s where the city’s newest Little India gathers.


On a recent Saturday, Indira Mathur, 54, presided over the cash register in gold-rimmed glasses and a blazer, ringing up plate lunches, flatbreads and black pepper cashews. Her nephew Vardan, 34, speedily dished out plates of spiced chickpeas and creamy pakora curry while her husband, Anil, 57, ran the kitchen. Her son Abhinav, 28, manned the takeout sweets counter. The family bought the shop in 2001, and have already expanded twice.


Floral Park is perched on the far edge of the city, on the Nassau County line. The main thoroughfare of Hillside Avenue is lined with snack shops and kebab houses, sari boutiques and discount salons. A few months ago, a Hindu temple dedicated to the monkey-faced god Hanuman opened in an old supermarket space. Next door, the accurately named Variety Shop sells colorful statuary of Hindu gods and goddesses as well as luggage and watches. If you’re in need of a carrom board — an Indian game of tabletop billiards — you could stop in Butala Emporium down the block.


Intrepid eaters make the trip from Manhattan to visit restaurants like Mumbai Xpress, New Kerala Kitchen, Madras Woodlands and Southern Spice. But for all the cooking going on in this enclave, Usha Foods is one of the few places that is consistently full.


The shop serves pan-Indian, vegetarian comfort food designed to satisfy all comers, like the South Asian version of a diner. There are southern Indian dosas, saucy Punjabi dishes like baingan bharta and Gujarati snacks like dabeli (spiced potato patties served on hamburger buns). “People call and ask if we are a Punjabi shop or a Gujarati shop,” said Ms. Mathur, who moved from New Delhi to the United States in 1986. “I say we are a Hindustani shop,” using the Hindi word for all of India.


On a recent frigid Sunday afternoon, customers streamed in from the cold, salwar kameez and saris peeking out from puffy jackets. Many lined up for to-go boxes of crunchy snacks for Super Bowl parties; others sat at the simple wooden tables tucking into their orders. Outside, Fawad Taj smoked a postprandial cigarette and chatted with two friends. “The food is pretty close to what our mothers would cook,” Mr. Taj, who was born in Lahore, Pakistan, said. “And we’re having a lazy Sunday.”


After their own meal, Indu and D. P. Singh hugged their son, daughter-in-law and two grandchildren goodbye. “Every two weeks we meet them here for lunch,” Ms. Singh said. “They have everything: Punjabi as well as southern cooking.”


Ms. Mathur said she particularly liked to see American-born children come in with their Indian parents: “We thought that when our generation gets old, the kids wouldn’t carry on with our foods. But now we see they follow our traditions — when they have a party, they want this food.”


Sridevi Krishna, 8, seemed to agree: Asked if she liked the sweets her father was carrying out, she offered only a huge, bucktoothed grin.


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American Idol's Top 40 Revealed






American Idol










02/14/2013 at 10:00 PM EST







From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban


Michael Becker/FOX.


American Idol really, really wants a woman to win this season. At the beginning of Thursday's episode, they reminded us that a female singer hasn't won the show since 2007, when Jordin Sparks bested Blake Lewis for the top prize. Let's put this into perspective: The last time a woman won, George W. Bush was still president, J.K. Rowling was still writing the Harry Potter series, and no one had any idea who Snooki was. Well, maybe a few people knew her.

After Ryan Seacrest all but begged us to vote for a female, we finally got to see the level of the women's talent. Angela Miller sat at the piano and sang her own song, "You Set Me Free." It was a show-stopping performance, prompting judge Keith Urban to rave.

"If that was recorded right there, I would play it in my car," he said. "That was just a beautiful song."

Miller was followed by Candice Glover, who gave an strong version of Alicia Keys's "Girl on Fire." Janelle Arthur also impressed with a pleasant version of Carrie Underwood's "I told You So."

Shubha Vedula had the nerve to sing a Mariah Carey song in front of Mariah Carey and did a great job.

And then there was Zoanette Johnson. (At some point, she needs to drop her last name and just be known as Zoanette.) She played the drums as she sang a song she had improvised onstage the previous night. It was a rambling tune about her Idol experience. It was manic and baffling. And then she came to an abrupt stop and yelled at the background singers.

"Slow it down! C'mon guys," she pleaded. "I need this to be right." At some point, she lost a drumstick.

It's fun to imagine what Simon Cowell's reaction would be to her performances.

Kez Ban, the season's other memorable contestant, was quickly cut from the competition after singing her original song. There is clearly only room for one unpredictable contestant this season – and her name is Zoanette.

As the show wound down, the judges cut the field down to 20 women, and then brought in the remaining 28 male singers to cut them down to 20. That's when the judges had Josh Holiday sing "Georgia on My Mind." He split his pants from crotch to knee.

But Holiday and 39 others are season 12's top 40. One of them will be the next American Idol. Will it be a girl?

Top 20 Women

Adriana Latonio
Amber Holcomb
Angela Miller
Aubrey Cleland
Brandy Hotard
Breanna Steer
Candice Glover
Cristabel Clack
Isabelle Pasqualone
Janelle Arthur
Jenny Beth Willis
Jett Hermano
Juliana Chahayed
Kamaria Ousley
Kree Harrison
Melinlda Ademi
Rachel Hale
Shubha Vedula
Tenna Torres
Zoanette Johnson

Top 20 Men

Bryant Tadeo
Burnell Taylor
Charlie Askew
Chris Watson
Cortez Shaw
Curtis Finch, Jr.
David Willis
Devin Velez
Elijah Liu
Gurpreet Singh Sarin
Jimmy Smith
Johnny Keyser
Josh Holiday
Kevin Harris
Lazaro Arbos
Mathenee Treco
Nick Boddington
Paul Jolley
Vincent Powell
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Study: Fish in drug-tainted water suffer reaction


BOSTON (AP) — What happens to fish that swim in waters tainted by traces of drugs that people take? When it's an anti-anxiety drug, they become hyper, anti-social and aggressive, a study found. They even get the munchies.


It may sound funny, but it could threaten the fish population and upset the delicate dynamics of the marine environment, scientists say.


The findings, published online Thursday in the journal Science, add to the mounting evidence that minuscule amounts of medicines in rivers and streams can alter the biology and behavior of fish and other marine animals.


"I think people are starting to understand that pharmaceuticals are environmental contaminants," said Dana Kolpin, a researcher for the U.S. Geological Survey who is familiar with the study.


Calling their results alarming, the Swedish researchers who did the study suspect the little drugged fish could become easier targets for bigger fish because they are more likely to venture alone into unfamiliar places.


"We know that in a predator-prey relation, increased boldness and activity combined with decreased sociality ... means you're going to be somebody's lunch quite soon," said Gregory Moller, a toxicologist at the University of Idaho and Washington State University. "It removes the natural balance."


Researchers around the world have been taking a close look at the effects of pharmaceuticals in extremely low concentrations, measured in parts per billion. Such drugs have turned up in waterways in Europe, the U.S. and elsewhere over the past decade.


They come mostly from humans and farm animals; the drugs pass through their bodies in unmetabolized form. These drug traces are then piped to water treatment plants, which are not designed to remove them from the cleaned water that flows back into streams and rivers.


The Associated Press first reported in 2008 that the drinking water of at least 51 million Americans carries low concentrations of many common drugs. The findings were based on questionnaires sent to water utilities, which reported the presence of antibiotics, sedatives, sex hormones and other drugs.


The news reports led to congressional hearings and legislation, more water testing and more public disclosure. To this day, though, there are no mandatory U.S. limits on pharmaceuticals in waterways.


The research team at Sweden's Umea University used minute concentrations of 2 parts per billion of the anti-anxiety drug oxazepam, similar to concentrations found in real waters. The drug belongs to a widely used class of medicines known as benzodiazepines that includes Valium and Librium.


The team put young wild European perch into an aquarium, exposed them to these highly diluted drugs and then carefully measured feeding, schooling, movement and hiding behavior. They found that drug-exposed fish moved more, fed more aggressively, hid less and tended to school less than unexposed fish. On average, the drugged fish were more than twice as active as the others, researcher Micael Jonsson said. The effects were more pronounced at higher drug concentrations.


"Our first thought is, this is like a person diagnosed with ADHD," said Jonsson, referring to attention deficit-hyperactivity disorder. "They become asocial and more active than they should be."


Tomas Brodin, another member of the research team, called the drug's environmental impact a global problem. "We find these concentrations or close to them all over the world, and it's quite possible or even probable that these behavioral effects are taking place as we speak," he said Thursday in Boston at the annual meeting of the American Association for the Advancement of Science.


Most previous research on trace drugs and marine life has focused on biological changes, such as male fish that take on female characteristics. However, a 2009 study found that tiny concentrations of antidepressants made fathead minnows more vulnerable to predators.


It is not clear exactly how long-term drug exposure, beyond the seven days in this study, would affect real fish in real rivers and streams. The Swedish researchers argue that the drug-induced changes could jeopardize populations of this sport and commercial fish, which lives in both fresh and brackish water.


Water toxins specialist Anne McElroy of Stony Brook University in New York agreed: "These lower chronic exposures that may alter things like animals' mating behavior or its ability to catch food or its ability to avoid being eaten — over time, that could really affect a population."


Another possibility, the researchers said, is that more aggressive feeding by the perch on zooplankton could reduce the numbers of these tiny creatures. Since zooplankton feed on algae, a drop in their numbers could allow algae to grow unchecked. That, in turn, could choke other marine life.


The Swedish team said it is highly unlikely people would be harmed by eating such drug-exposed fish. Jonsson said a person would have to eat 4 tons of perch to consume the equivalent of a single pill.


Researchers said more work is needed to develop better ways of removing drugs from water at treatment plants. They also said unused drugs should be brought to take-back programs where they exist, instead of being flushed down the toilet. And they called on pharmaceutical companies to work on "greener" drugs that degrade more easily.


Sandoz, one of three companies approved to sell oxazepam in the U.S., "shares society's desire to protect the environment and takes steps to minimize the environmental impact of its products over their life cycle," spokeswoman Julie Masow said in an emailed statement. She provided no details.


___


Online:


Overview of the drug: http://www.nlm.nih.gov/medlineplus/druginfo/meds/a682050.html


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Wall Street ends slightly higher, helped by acquisitions

NEW YORK (Reuters) - The S&P 500 eked out a small gain for a third straight session on Thursday, helped by a flurry of merger activity, though investors see no catalysts to lift the market further with major averages near multi-year highs.


The market's slowed advance took the S&P 500 to its highest intraday level since November 2007 on Wednesday. While the index notched its third straight day of gains, none was more than 0.2 percent.


Shares of H.J. Heinz Co jumped 20 percent to $72.50 after it said Warren Buffett's Berkshire Hathaway and 3G Capital will buy the food company for $72.50 a share, or $28 billion including debt. Berkshire's class B shares rose 1.3 percent to $99.21.


Also supporting the market was data showing the number of Americans filing new claims for unemployment benefits fell more than expected in the latest week. The CBOE Volatility index <.vix> fell 2.4 percent, dropping to 12.67.


"While I'm not bearish, I don't see many upside motivations at these levels," said Donald Selkin, chief market strategist at National Securities in New York, who cited the low level of the VIX as a sign the market was overbought.


Equities have struggled to break above current levels where they have been hovering for almost two weeks. The S&P 500 is up more than 6 percent so far this year.


"We need to digest some of our gains to go higher, but people are so eager to buy on the dips that we're not even seeing dips anymore. People are just chasing the market higher," said Selkin, who helps oversee about $3 billion in assets.


Stocks fell earlier after a report the euro zone's gross domestic product contracted by the steepest amount since the first quarter of 2009. In addition, Japan's GDP shrank 0.1 percent in the fourth quarter, crushing expectations of a modest return to growth.


The Dow Jones industrial average <.dji> was down 9.52 points, or 0.07 percent, at 13,973.39. The Standard & Poor's 500 Index <.spx> was up 1.05 points, or 0.07 percent, at 1,521.38. The Nasdaq Composite Index <.ixic> was up 1.78 points, or 0.06 percent, at 3,198.66.


Constellation Brands soared 37 percent to $43.75 after AB InBev's deal to take over Mexican brewer Grupo Modelo was revised to grant Constellation perpetual rights to distribute Corona and other Modelo brands in the United States. U.S. shares of AB InBev gained 5.1 percent to $92.77.


American Airlines and US Airways Group said they plan to merge in a deal that will form the world's biggest air carrier, with an equity valuation of about $11 billion. US Airways shares fell 4.6 percent to $13.99.


Weakness in Europe contributed to a 5 percent drop in revenue from the region for Cisco Systems , which nonetheless beat estimates as it reported its results late Wednesday. The company's shares dipped 0.7 percent to $20.99.


General Motors Co reported a weaker-than-expected fourth-quarter profit, also citing bigger losses in Europe alongside lower prices in its core North American market. The stock was off 3.3 percent to $27.73.


Only five more stocks rose than fell on the New York Stock Exchange, while 51 percent of Nasdaq-listed shares closed higher.


Volume was light, with about 6.36 billion shares changing hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, below the daily average so far this year of about 6.48 billion shares.


(Editing by Nick Zieminski and Kenneth Barry)



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India Ink: Falling Far Short of the Whole Truth





She had been called to the bar in a formal ceremony at Middle Temple Hall, a grand room where little has changed since 1602, when the first known performance of Shakespeare’s “Twelfth Night” was staged there. With her dark hair covered by a barrister’s foppish white wig, she signed the registry of barristers who had stood in the same spot across the centuries, including John Rutledge, a signer of the United States Constitution, and Sir William Blackstone, the 18th-century legal scholar who wrote the seminal legal tome, “Commentaries on the Laws of England.”




She began to handle criminal cases, nearly one a day over three months. In 90 more days, she would become a full-fledged barrister, the apex of a carefully curated career.


And then it all collapsed, undone by the chance discovery of a simple lie, that led to many more. A clerk for the British firm that had accepted Ms. Sengupta stumbled upon her application file, and noticed that she had listed a date of birth that put her age at 29.


“Seriously?” the clerk thought, according to Edmund Blackman, a barrister with the firm, One Inner Temple Lane. “There is no way she’s as young as she’s saying on this form.”


Questions were asked, which Ms. Sengupta, who was, in fact, in her late 40s at the time, declined to answer. Eventually, it became clear that she had not only shaved nearly two decades off her age but that nearly everything about her work and education history was not as she had claimed.


Ms. Sengupta had, in fact, submitted many phony documents. The fraud was so comprehensive that the Bar Standards Board of England and Wales threw out an element of the application process that presumed a certain level of honor among its applicants; the board now requires that college transcripts come directly from the schools in a sealed envelope, without passing through an applicant’s hands.


“The more information I obtained, the less clear the whole thing became,” said Andrea Clerk, the Bar Standards Board official who investigated the case. “It was a very serious matter, indeed.”


Ms. Sengupta, 52, is on trial in State Supreme Court in Manhattan, where she faces forgery and other charges, the most severe of which carries a maximum prison sentence of seven years. Her boyfriend, Manuel Soares, a former vice president of BNY Mellon, faces the same charges in a coming trial.


Her lawyer has argued the case on technical legal issues, and has not challenged prosecutors’ assertions that Ms. Sengupta forged documents and misrepresented her work history and age.


“We are conceding that some of this conduct, in fact, did occur,” the lawyer, James Kousouros, told Justice Thomas Farber, who will decide the case without a jury.


A few facts about Ms. Sengupta’s life seem certain. She was born in India and grew up mostly in Jersey City, the daughter of an engineer. She did indeed graduate from Georgetown Law School in 1998. And though she overstated other achievements, she had also passed the New York State bar exam and became a licensed lawyer in 2000.


The deceptions described in the criminal case against her began the same year. She applied for a job as a paralegal for the Manhattan district attorney’s office, even though the office does not allow lawyers to work as paralegals. Ms. Sengupta claimed that she had left law school before graduating, and wrote that she was born in 1969, making her eight years younger than she actually was, according to trial testimony.


In the prosecutor’s office, she handled somewhat more challenging work than most paralegals because her supervisor, Melissa Paolella, then an assistant district attorney handling white-collar fraud cases, knew that Ms. Sengupta had taken classes in a law school.


In 2003, Ms. Sengupta was fired from the office after it became known that she was, in fact, a lawyer. She asked Ms. Paolella to write reference letters to help her apply for several staff lawyer positions, including with the American Civil Liberties Union in New Jersey and the Neighborhood Defender Service of Harlem. Ms. Paolella did so, knowing that Ms. Sengupta longed to practice public interest law.


“Absolutely, I knew what her passion as a lawyer was,” she testified.


None of the jobs materialized. In 2004, Ms. Sengupta began doing volunteer work two days a week for the Legal Aid Society’s Prisoners’ Rights Project. She did not appear in court or write briefs, her supervisor, Dori Lewis, testified.


But when Ms. Sengupta applied for admission to the British bar, she transformed her work after passing the bar into a remarkable saga of courtroom derring-do.


She claimed that she had been an assistant district attorney and had prosecuted “gang and white-collar fraud cases,” which included working to convict 27 gang members who had controlled a section of East Harlem.


She wrote that as a staff lawyer at the Legal Aid Society she had defended “all felonies including murder and sexual offences,” including handling the defense of a “man charged with commissioning the murder of a judge.”


“I have over six years of advocacy experience in a common law system and I am in court on an almost daily basis,” she wrote in her application to the Bar Standards Board of England and Wales.


She also claimed that she had graduated in the top 1 percent of her class at Georgetown Law, which prosecutors have suggested was not true. She filed a reference letter from Robert F. Drinan, a former United States representative from Massachusetts and Georgetown law professor; it was dated a year after his death.


Other reference letters, purportedly written by Ms. Paolella and Ms. Lewis, called Ms. Sengupta an accomplished trial lawyer. Both testified that the letters had been forged.


Her overstatements went undetected, and she won a highly competitive spot in a one-year training program, known as a pupilage, in which a prospective barrister works with a law firm, or chamber. She was scheduled to start in October 2007, but she repeatedly failed a battery of tests that had to be passed before her pupilage could begin. She hid the failures from the firm, saying she could not begin because she had been injured in a car accident.


“Given that we have over 100 applicants for each place,” Mr. Blackman, of One Inner Temple Lane, said in court, “the likelihood is that had we known that, we would have withdrawn the offer.”


Rather than pass all elements of the test, Ms. Sengupta successfully appealed to the Bar Standards Board to waive one part, which she had failed twice. She began training with barristers in the firm. Halfway through her training, in July 2008, Ms. Sengupta was formally called to the bar by the Honourable Society of the Middle Temple, one of the four Inns of Court entitled to call members to the Bar of England and Wales.


After six months, Ms. Sengupta began handling cases on her own. She was assigned some 80 criminal cases over three months, defending people accused of minor crimes.


Mr. Blackman testified that his firm grew somewhat reluctant to assign more difficult cases to Ms. Sengupta, but she continued to practice. “In a general manner, her performance would not be what you would expect from someone with the experience she claimed to have,” he said.


But it was Ms. Sengupta’s age, not her job performance, that proved to be her undoing. After the clerk first aroused his suspicion of her, Mr. Blackman found that she had entered different years of birth on several forms.


“In the absence of an explanation as to why she had four different dates of birth, she was done,” Mr. Blackman said during the trial. He added: “We had suffered a financial loss, but more importantly, she had been appearing in court when unqualified to do so.”


His firm suspended her pupilage and reported its concerns to the Bar Standards Board, which opened an investigation. But Ms. Sengupta, aided by Mr. Soares, who had transferred to BNY Mellon’s London office, pushed on.


According to prosecutors, the two obtained a phony Georgetown seal from a Web-based business, rubberstamp.com, and created a fake diploma to match the misstatements on her application, including one that she had earned an undergraduate degree from Georgetown, a falsehood. They e-mailed one another drafts of forgeries, one with “My Masterpiece” written in the subject line. They forged an Indian birth certificate. They created a Web site for a fictional law firm in the name of a fictional former prosecutor, and submitted a reference letter in his name.


They forged a letter, according to prosecutors, from the office of Eliot Spitzer, then the attorney general, attesting to how Ms. Sengupta “exercised rights of audience” in New York, using a term associated with British courts. Ms. Sengupta’s lawyer, Mr. Kousouros, said the document was authentic.


In December 2010, the Manhattan district attorney obtained indictments of Ms. Sengupta and Mr. Soares after learning that their former paralegal had claimed to be a prosecutor for the office, and that the forged documents had passed through Manhattan. Three months later, the two were arrested at Kennedy Airport, where they had flown from London, as they awaited a connecting flight to Puerto Rico.


Citing the criminal trials here and an open disciplinary case in Britain, bar officials in London declined to discuss the matter, or to say whether it has caused other policy changes.


When Mr. Blackman was asked during the trial whether One Inner Temple Lane verified pupilage applicants’ prior employment claims, he answered dryly.


“Stupidly, we did not,” he said. “We do now.”

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Lady Gaga Cancels Born This Way Ball Tour Due to Severe Injury















02/13/2013 at 08:50 PM EST



It's a somber week for Lady Gaga – and her Little Monsters.

Following Tuesday's Facebook announcement that she was "devastated and sad" because she couldn't walk and had to postpone several Born This Way Ball concerts, the pop star, 26, has officially canceled the remaining dates of her world tour.

"After additional tests this morning to review the severity of the issue, it has been determined that Lady Gaga has a labral tear of the right hip," the singer's rep told PEOPLE Wednesday in a statement. "She will need surgery to repair the problem, followed by strict down time to recover. This unfortunately, will force her to cancel the tour, so she can heal."

Refunds for the cancelled performances will be available at point of purchase starting on Thursday.

"I hope you can forgive me, as it is nearly impossible for me to forgive myself," she wrote the previous day of postponing the dates. "I hate this. I hate this so much. I love you and I'm sorry."

Get well, Gaga!

Reporting by CHUCK ARNOLD

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