DealBook: Deutsche Bank Posts Surprise $3 Billion Loss

FRANKFURT — Deutsche Bank, Germany’s largest lender, reported a surprise quarterly net loss of $3 billion on Thursday, as new management tallied the cost of past mistakes and tried to draw a line under the bank’s troubled past.

The fourth-quarter loss of 2.2 billion euros included about 1 billion euros the bank set aside to cover legal proceedings and investigations, including accusations that Deutsche Bank was among institutions that rigged global benchmarks used to set rates on trillions in loans. The bank also booked losses in recognition of the diminished value of acquisitions going as far back as its purchase of Bankers Trust in the United States in 1998.

While the loss partly reflected problems peculiar to Deutsche Bank, it was a reminder of the weak state of European banking more than four years after the beginning of the financial crisis. Deutsche Bank is considered relatively healthy by European standards. Hesitant action by national regulators means that many other banks have not yet been forced to recognize the full scope of bad investments and depend on the European Central Bank for cash they need to operate.

The loss at Deutsche Bank contrasts with strong earnings recently by competitors like JPMorgan Chase. Still, its shares rose 2.9 percent in Frankfurt trading as investors apparently concluded that the German bank’s relatively new co-chief executives, Jürgen Fitschen and Anshu Jain, were front-loading the bad news. Investors were also rewarding the bank’s efforts to increase the size of the reserves it holds as insurance against losses.

The two men took over the reins less than seven months ago and have declared their intention to deal more severely with the legacy of the financial crisis. The new approach includes raising the amount of capital the bank keeps in reserve compared with the amount of money it lends to customers or otherwise puts at risk. Deutsche Bank has suffered from the perception that it is among the most highly leveraged banks in Europe.

The bank said on Thursday that it had raised its so-called core Tier 1 capital ratio, a measure of the size of the reserves in relation to the amount of money at risk, to 8 percent from less than 6 percent a year ago. Some analysts questioned whether the bank really had become safer or whether the improved ratio simply reflected changes in the way the bank calculates risk.

For now, though, investors are willing to give Deutsche Bank the benefit of the doubt, analysts said.

“The new management under co-C.E.O. Anshu Jain is starting to deal with D.B.’s legacy issues,” analysts at JPMorgan Cazenove said in a note to clients.

Capital is also an issue for Deutsche Bank in the United States, where the Federal Reserve is proposing that foreign banks hold more capital at their local operating units. Stefan Krause, the bank’s chief financial officer, said in a call with analysts that Deutsche Bank was prepared to allocate more capital to the United States in 2015, adding that the rules “were really not very helpful in terms of helping global financial markets.”

The quarterly results showed the bank was clearing its books of bad assets and reducing risk, its executives said. Late last year Deutsche Bank created a “noncore operations unit” to dispose of bad investments or holdings that did not produce an adequate return.

“We are willing to take pain,” Mr. Jain said at a news conference. “That is the real story of the fourth quarter. We are willing to take losses.”

Deutsche Bank said revenue in the fourth quarter rose 14 percent, to 7.9 billion euros, from the period a year earlier. The bank warned in December that it would incur major charges in the quarter, but most analysts had not expected the loss to be nearly so big. Before taxes, the loss was 2.6 billion euros.

For the full year, Deutsche Bank reported a net profit of 665 million euros after subtracting 3.5 billion euros related to legal problems or diminished value of assets.

The bank’s problems are far from over. Deutsche Bank continues to cope with the consequences of behavior by some employees, including a tax evasion inquiry that led to a raid on company headquarters last month involving hundreds of police officers. Executives acknowledged on Thursday that the bank could face additional lawsuits related to its sale of securities tied to the United States subprime mortgage market.

“Although they have taken some chunky provisions, litigation is an ongoing drag on the industry,” said Jon Peace, a bank analyst with Nomura in London. “There is probably going to be more litigation drag in 2013.”

Deutsche Bank is among institutions accused of helping to manipulate the London interbank offered rate, or Libor, which is used to set rates on trillions of dollars of mortgages and other debt. Mr. Jain said on Thursday that during the World Economic Forum in Davos, Switzerland, last week, he and other bankers discussed whether it would be possible to work out a global settlement with authorities and complainants. While the bankers did not make any decisions, Mr. Jain said, they agreed that a comprehensive settlement might make sense and would discuss it further.

In response to lapses of the past, executive bonuses have been curtailed, and employees have undergone mandatory ethics training which stresses integrity in trading and dealing with clients, Mr. Fitschen said.

“If you cannot commit yourself to those values without reservation,” he said, “Deutsche Bank is not the place for you.”

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The Lede Blog: Piecing Together Accounts of a Massacre in Syria

As my colleagues Hania Mourtada and Alan Cowell report, the bodies of dozens of young men, shot in the head from close range with their hands bound, were found in a narrow river in a neighborhood of Aleppo, Syria, on Tuesday.

The bodies were found in the Queiq River, which skirts the front line and de facto border between government-held areas of Aleppo and territory controlled by rebel fighters in the neighborhood of Bustan al-Qasr.

Graphic video posted on YouTube showed bodies lined up along the muddy riverbank. Many had visible head wounds and lengths of cord wrapped around their wrists. Gunfire echoed in the distance, and at the end of the clip the cameraman broke into a run. “A sniper is firing at us,” he said.

Graphic video showed dozens of bodies, shot in the head and bound at the wrists, found in a river in a suburb of Aleppo.

Early video and reports from the scene on Tuesday suggested the number of dead to be around 50, a figure that rose significantly on Wednesday. The Syrian Observatory for Human Rights, an anti-government group based in Britain that has a network of contacts inside Syria, said 65 bodies were recovered from the river. The group estimated that 15 more remained in the water but could not be retrieved because of a threat posed by government snipers.

The Daily Telegraph, a British newspaper whose correspondent, Ruth Sherlock, was on the scene of the grim discovery, reported that residents pulled 79 bodies out of the river. A rebel fighter interviewed by Ms. Sherlock estimated that as many as 30 more bodies could remain in the water, but said they were impossible to retrieve because of nearby government sniper positions.

Thomas Rassloff, a freelance photographer based in Germany, was taken to the riverbank by Free Syrian Army fighters who he said told him “there are a lot of bodies.” Mr. Rassloff described the scene in a post on Time magazine’s Lightbox blog.

As we climbed down to the river, we couldn’t believe the horror of the scene. The bodies were bloated and covered with blood; some with their hands tied behind their backs. Several were missing eyes. All were men, and a few of the victims appeared to be young boys.

Nearby residents began gathering at the banks of the river. A large number of police were gathering there, too, some of whom I recognized from an interview days before. One officer I knew gave me a type of perfume to put under my nose to combat the smell.

One by one, the victims were loaded into cars and taken to a nearby school, where relatives began to identify the deceased. I photographed the scene at the river for approximately 30 minutes before my driver felt we should leave due to the risk of snipers and mortars.

The rebels and the government have blamed each other for the mass killing, but Ms. Sherlock, of The Daily Telegraph, reported that many of the dead were residents of rebel-held areas whose families said they disappeared after traveling to government-held areas.

It was impossible to be certain who was responsible for their deaths. But those identified, at least half the total by nightfall, were from rebel-held districts, and locals blamed government checkpoints on the other side of the river.

“These are my sons,” said Abu Mohammed, 73, as he shuffled towards the corpses laid out in rows in a schoolyard. A relative held his arm, as he stared at the exposed faces of the victims.

His legs buckled as he recognised the two young men, no older than 30, as his sons. They had travelled to central Aleppo, which is still in the hands of the Syrian government, 20 days before.

“They thought they had nothing to fear from the government, so they went to renew their identity cards. But they didn’t come back. Now I have found them here.”

Video posted to YouTube from the schoolyard where the bodies were taken shows dozens of bodies lined up in rows, each one neatly wrapped in a blue plastic tarp.

Video posted on YouTube showed dozens of bodies lined up in rows in a schoolyard.

Another clip shows local families filing slowly through the rows of bodies looking for missing loved ones. A man off camera yells into the crowd, “Guys who have finished, go outside!” Among those searching, a grown man knelt next to one of the bodies, gently held its head and plaintively wailed. Through his moans, he calls the dead man his brother.

Video posted to YouTube showed families searching for lost loved ones among rows of bodies.

Combat between the government and rebel forces has raged for more than six months in Aleppo, the most populous city in Syria. The fighting continued while the residents of Bustan al-Qasr searched the bodies for lost loved ones. Fear of airstrikes and shelling repeatedly scattered the crowd, according to an update posted by Ms. Sherlock on Twitter.

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Are Weak Wii U Sales a Bellwether of Shifting Game Demographics?






Nintendo expects to sell fewer Wii U and 3DS units than originally claimed, according to reports this morning. The company says it sold three million Wii U units through December, but slashed its forecast of 5.5 million Wii U units sold by the end of March to just four million in all. On the Wii U software side, Nintendo is now forecasting 16 million units in the same timeframe, a number that’s down by roughly a third from original expectations.


The 3DS takes a similar hit in the standings: down from 17.5 million units predicted through March to just 15 million units and a commensurate drop in 3DS software sales.






(MORE: Apple to Sell 128GB iPad Starting Next Tuesday)


You can look at this any number of ways. From a numbers standpoint, there’s no doubt that the Wii U lags behind its predecessor in raw sales when you contrast launch windows. But the Wii arrived at just the right time: It was the world’s first fully motion-control-driven game system — a system that went on to capture the imaginations of consumers who’d never really engaged with a game console before. Whatever you thought of the Wii, however much you actually played it in the years that followed, it did more to popularize gaming as a mainstream pastime than any gaming-related device in history.


The Wii U, by contrast, is an evolutionary step forward designed to appeal more to traditional gamers. Though even lacking the Wii’s novelty, the Wii U GamePad is a far more intrepid technological concoction than, say, either Microsoft or Sony’s imitative motion-control approaches. And suggestions that Nintendo’s just mining Apple territory with the Wii U’s tablet-style controller seem shortsighted: With its two-screen dynamic and hybrid haptic/deterministic controls, the Wii U GamePad couldn’t be less like an iPad. Or, put another way, the Wii U is as much a riff on the iPad as the iPad is just a riff on Nintendo’s original dual-screen DS — a handheld that predated Apple’s tablet by six years.


Another explanation for the Wii U’s slow start could be pricing. The Wii U hardly seems a bargain by Nintendo’s own standards. The GameCube sold for $ 200 at rollout in 2001 (no pack-in), while the Wii cost $ 250 at launch and included a game. The Wii U, by comparison, starts at $ 300 for the stripped down model sans game, then jumps $ 50 if you want a decent amount of storage and something to play — a pack-in (Nintendoland) that frankly lacks the distinctive “so that’s what all the hype’s about” flair of Wii Sports.


But let’s cut to the chase: Whither mobile gaming? Isn’t the Wii U’s sluggish start because, well, hello smartphones and tablets? Not so fast: The data we have on this is inconclusive and potentially misleading.


According to NPD research, of the roughly 212 million people playing games in the United States last year, mobile gamers only slightly outranked core gamers. The number of core gamers shrank slightly in 2012 (NPD attributes this in part to the extra-long life cycle of the current consoles) while the number of mobile gamers was up a tick, it’s true. But how many people bought a Wii U because they needed a phone? An Xbox 360 to sync with their computer’s day-planner? Conversely, how many people bought a smartphone or tablet because all they wanted was to play games like Angry Birds or Temple Run 2?


(MORE: Nintendo Wii U Review: A Tale of Two Screens)


How many mobile gamers are buying souped up phones or tablets just to play games, in other words? Anyone? Or is the mobile gaming angle more of a perk, like the Philips head or mini-scissors in a Swiss Army Knife?


I’m not saying mobile gaming isn’t big — because it is. But just as sales of a game like Wii Sports were deceptively high because you couldn’t not buy it when picking up a Wii, talking about the prevalence of mobile gaming in a pre-fab market gets tricky. Is playing games on phones or tablets siphoning gamers from PCs and consoles? It’s impossible to say at this point because we lack the data.


Nintendo can’t be all things to all people any more than Apple’s been to gamers with its iPhone or iPad. If I want to play a game like Ni No Kuni or Guild Wars 2 or Devil May Cry, I wouldn’t look to my smartphone or tablet. Likewise, I have no interest in playing stuff like Angry Birds or Fruit Ninja or Cut the Rope – the same old increasingly tiresome mobile top-sellers for years — on a console or PC. I don’t want to sell the mobile/tablet gaming market short, not with titles like Battle of the Bulge and Radiant Defense or others like Space Hulk, Shadowrun Returns and Warhammer Quest on the horizon, but concluding that the Wii U or 3DS’s slightly-lower-than-expected sales can be attributed to a shift in gamer tastes — from core to mobile/tablet gaming — oversimplifies things in my view.


What we may be looking at in these reduced Nintendo sales numbers — and what I’d expect to continue to see with the launch of new systems from Microsoft and Sony — is segmentation of a market that experienced a kind of cross-demographic boom in the mid-to-late 2000s. Before iPhones and iPads, casual gamers had the PC. The Wii was essentially a way to bring that sort of gamer into the living room. But we’d be torturing indulgence to claim the shift that occurred after 2006 was tantamount to a conversion. Casual gamers, if you’ll pardon that label, are by definition uncommitted gamers. And with buyers already spending considerably more for something like the iPad (and considerably less on that platform for games), would it be such a surprise to find a much pickier audience for a system like the Wii U in 2013 than existed in 2006?


I have no idea what sorts of devices the kind of more core-oriented games I like to play are going to live on a decade from now. All it’d take, for instance, is for Apple to flip a few switches and double down on gaming to shake up the market in ways that could make what happened with the Wii seem tame. But that won’t mean the demise of traditional gamers any more than the rise of touchscreens entails the downfall of deterministic interfaces like keyboards, mice and gamepads. Core gamers aren’t this tiny minority on the verge of extinction, after all.


Far from it, in fact: Revenue contributions from core gamers still outpace all others, reports NPD, which calls the core gaming demographic “vital to the future of the industry.” From a financial standpoint, in other words, whatever the reasons for the Wii U’s lower-than-expected sales, the ball remains clearly in core gaming’s court.


MORE: Murfie Converts Your CDs into a Lossless Online Library, Lets You Sell and Trade Your Music


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Lewis says he's 'agitated,' not angry about story


NEW ORLEANS (AP) — Smiling, even laughing, at questions about a report linking him to a company that purports to make performance-enhancers, Baltimore Ravens linebacker Ray Lewis said Wednesday he "never, ever took" the stuff.


Lewis described himself as "agitated," not angry, that the story has become part of the Super Bowl-week prelude to Baltimore's game against the San Francisco 49ers on Sunday.


He added that he's certain his teammates won't be distracted by the report in Sports Illustrated. The magazine said Lewis sought help from a company that says its deer-antler spray and pills contain a banned product connected to human growth hormone. The 37-year-old Lewis is the leading tackler in the NFL postseason after returning from a torn right triceps that sidelined him for 10 games.


In a private conversation with Ravens head coach John Harbaugh, and later in the public setting of a news conference, Lewis distanced himself from Sports With Alternatives To Steroids (SWATS). SI reported that company owner Mitch Ross recorded a call with Lewis hours after the player hurt his arm in an October game against Dallas. According to the report, Lewis asked Ross to send him deer-antler spray and pills, along with other items made by the company.


"It's so funny of a story because I never, ever took what he says or whatever I was supposed to do. And it's just sad once again that someone can have this much attention on a stage this big, where the dreams are really real," Lewis said Wednesday, wearing his white No. 52 Ravens jersey, gray sweat pants and a black hat with the team's purple logo. "I don't need it. My teammates don't need it. The 49ers don't need it. Nobody needs it."


The magazine reported that when it spoke to Lewis for its story, he acknowledged asking Ross for "some more of the regular stuff" on the night of the injury and that he has been associated with the company "for a couple years."


Lewis' stance Wednesday was different.


"He told me there's nothing to it. ... He's told us in the past, he's told us now, that he's never taken any of that stuff, ever. And I believe Ray. I trust Ray completely. We have a relationship. I know this man. And I know what he's all about," Harbaugh said. "It's just too bad it has to be something that gets so much play."


Christopher Key, a co-owner of SWATS, said in a telephone interview that the company removed from its website NFL players' endorsements because "all the players were given letters by the NFL two years ago saying they had to cease and desist and could not continue to do business with us anymore."


NFL spokesman Greg Aiello confirmed that, but did not respond to other requests for comment about the company or Lewis' involvement.


Key said the deer-antler products made by SWATS "helped the body repair, regrow and rejuvenate" and that "you will never fail a drug test from taking our product."


He added that SWATS has sold its products to more than 20 college football players each at Southeastern Conference schools Alabama, Auburn, Mississippi, LSU and Georgia.


Alabama has sent two cease and desist letters to the company, university spokeswoman Debbie Lane said, adding: "UA has been aware of this situation for some time, and we have monitored this company for several years."


Auburn spokesman Kirk Sampson said that school sent a cease-and-desist letter in 2011.


In an emailed statement, Ross said: "It is the view of SWATS and Mitch Ross that the timing of information was unfortunate and misleading and was in no way intended to harm any athlete. We have always been about aiding athletes to heal faster and participate at an optimum level of play in a lawful and healthy manner. We never encourage the use of harmful supplements and/or dangerous drugs."


Harbaugh didn't think his players would be bothered a bit by the subject this week, dismissively waving his left hand while saying: "As a football team, it's not even a factor for us."


Known for his frequent references to God and faith, 2001 Super Bowl MVP Lewis called the whole episode a "joke" and a "trick of the devil," adding that he told teammates: "Don't let people from the outside ever come and try to disturb what's inside."


Faced with a handful of questions about SWATS, and on-field topics, Lewis never had to deal with a single reference to a dark chapter in his life: He pleaded guilty to obstruction of justice in connection with a double murder after a Super Bowl party at an Atlanta nightclub in 2000.


"We all in here have a past. You know? But how many people actually dwell into it? You know? Nah, it ain't about your past. It's about your future," Lewis said in response to a question about the Ravens keeping focused on Sunday's game.


"And for me and my teammates, I promise you, we have a strong group of men that we don't bend too much," he said, raising a clenched right fist, "and we keep pushing forward. So it's not a distraction at all for us."


Asked about deer-antler spray, San Francisco's tight end Vernon Davis' take was, "I don't think Ray would take any substance."


Carlos Rogers, a 49ers cornerback, chuckled when asked about it and what effect the headlines could have on the Ravens.


"I don't think they'll get a distraction. I don't know what to make of that. I heard it was something that can't be detected. They can't test (for) it, anyway," Rogers said. "Him saying that he's never failed a test, he probably hasn't failed a test for what they test for."


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AP Sports Writer John Zenor in Tuscaloosa, Ala., contributed to this report.


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Follow Howard Fendrich on Twitter at http://twitter.com/HowardFendrich


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


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Illness Walks the Runway





A top fashion designer quarantines a sneezing underling, forcing her to work in a closet. An industry P.R. executive makes colleagues douse their hands with Purell. Germ-phobic magazine editors are powerblasting offices with antiseptic wipes and Lysol.




Such is the dread gripping the fashion world as it prepares for New York Fashion Week, beginning Feb. 7, with a killer flu and a stomach-bug norovirus on the loose.


The eight-day event, when fashionistas from around the world pack into small spaces to attend runway shows and parties — only to cram onto the same flights and repeat the process in London, Milan and Paris — is always an occasion for sickness paranoia. In past years, sniffles in the front row could prompt icy stares and social ostracism.


But with this season’s flu panic, the fear is approaching hysteria. Stressed-out designers recoil in horror if someone coughs within earshot. Frail models shiver their way between fittings, terrified someone will spy their runny noses. And frenemies everywhere are reconsidering the wisdom of the double-cheek kiss, the standard greeting of the global fashion tribe. Air kissing seems safe for now.


“This will be the season where everyone in fashion becomes mysteriously nonaffectionate,” said Laura Brown, executive editor of Harper’s Bazaar. Staff members in her West 57th Street offices, she added, have been scouring doorknobs with sanitizing wipes. “We can give a nudge and a wink instead.”


To be fair, much of the paranoia is founded. According to the Centers for Disease Control and Prevention, deaths from the current flu season reached “epidemic” levels, in part because of an unusually severe flu strain. Adding to the flulike epidemic is a surging new strain of norovirus, which can cause sudden diarrhea and projectile vomiting, and the worst whooping cough outbreak in 60 years.


And while there is some evidence that the flu season has peaked almost everywhere in the country, except for the West Coast, flu activity continued to be high in New York through the week ending Jan. 19, as tracked by the C.D.C., and on the rise in parts of Europe including Italy. (Milan hosts a fashion week starting Feb. 20.)


Norovirus also seems to be surging abroad; it has reached epidemic levels in France, according to the latest report from the country’s doctor network Réseau Sentinelles, with more than one million French people visiting doctors for it in the past five weeks.


Yet even as flu season appears to be ebbing in New York, it remains a worry inside the fashion bubble. With sleep-deprived colleagues huddled in close quarters day and night, things can go viral quickly, especially in the petri dish that is Fashion Week.


“Fashion people are at risk for a variety of viral syndromes because they work long hours and they move in a pack,” said Dr. Robert Glatter, known in fashion circles for making house (or studio) calls.


Dr. Barry Cohen, whose primary-care office on Spring Street faces Marc Jacobs’s studios, says he has been bombarded with rheumy-eyed industry divas begging for quick fixes. “Fashion people touch each other all day, so they get exposed over and over,” he said.


And when the pack is moving fast and furious, it can’t slow down for the weak. “Fashion Week season is a nonstop assault on the immune system,” said Derek Blasberg, an editor at large for Harper’s Bazaar. “Early shows, late dinners, crammed into tents and airplanes: you don’t want to sit next to anyone coughing, because if you get sick, you’re screwed.”


The viral assault does not end with New York. “By the time we finish the New York shows, we’re already a wreck, because New York simply has too many shows,” said Mickey Boardman, editorial director of Paper magazine. “Then you get on a plane and hit the ground running in London, where there’s always fun parties. You’re eating French fries for dinner and drinking Cokes from your minibar, and your sleep patterns are messed up.”


“You’re putting your life at risk,” he added.


WHILE KEEPING THE WORLD trendy has its hazards, fashionistas have developed stylish tactics to avoid getting the bug. Many have dutifully gotten their flu shots. (It’s not too late, though it takes about two weeks to build up immunity — just in time for London Fashion Week.)


Others follow variations of what could be called the standard fashion-world starvation diet, whether it’s drinking large quantities of SmartWater fortified with packets of the vitamin supplement Emergen-C, or force-feeding themselves nothing but raw greens, like koalas munching eucalyptus leaves. Dr. Glatter says he has even treated some fashion people for diarrhea from eating too much kale.


Then there are the juicers. The designer Cynthia Rowley swears by Juice Press, the three-year-old Manhattan chain popular with fashion insiders for its 17-ounce $10 bottles of cold-pressed fruits and vegetables. “I’m addicted,” said Ms. Rowley, who added that she chugged the stuff with staff members when they were not taking spin classes en masse at SoulCycle.


“Nobody’s sick at my office,” she bragged dangerously. “We work in one room, so if one person drops, they take down the whole team.”


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DealBook: Top Federal Prosecutor of Corporate Crime Resigns

1:42 p.m. | Updated with formal announcement

Lanny A. Breuer, the federal prosecutor who led the Justice Department’s response to corporate crime in the wake of the financial crisis, announced on Wednesday that he is stepping down after nearly four years in the post.

As head of the Justice Department’s criminal division, one of the most senior roles at the agency, Mr. Breuer tackled corporate bribery and public corruption. But it was his focus on Wall Street that received the most attention, from supporters and critics alike.

While he has come under fire for a dearth of prosecutions on Wall Street in response to the crisis, Mr. Breuer also oversaw an aggressive crackdown on money-laundering and interest-rate manipulation at some of the world’s biggest banks. In two weeks last month, he joined a nearly $2 billion case against HSBC for money-laundering and a $1.5 billion settlement with UBS for rate-rigging. Next week, he is expected to take a similar rate-rigging action against the Royal Bank of Scotland.

“I think the criminal division is a fundamentally different place than it was four years ago,” Mr. Breuer said in an interview on Tuesday. “It’s the highlight of my professional career.”

His departure, effective March 1, was widely expected. Mr. Breuer had told friends for weeks that he was ready to leave the public sector. While he has not announced his next step, it is expected that he will return to private practice. He was previously a partner at Covington & Burling, a white-shoe law firm.

By virtue of his perch at the Justice Department in Washington, Mr. Breuer became the face of Wall Street prosecutions in the aftermath of the financial crisis. But when few such cases materialized, critics like the Occupy Wall Street protesters turned on him, portraying him as an apologist for banks at the center of the mortgage mess.

In contrast, he drew praise for the sweeping crackdown on rate-rigging in the banking industry, which has largely involved international benchmark rates.

In a rate manipulation case last month, Mr. Breuer’s team secured a major payout from UBS and a guilty plea from the bank’s Japanese unit, making UBS the first big global bank in more than two decades to have a subsidiary plead guilty to fraud. Mr. Breuer, who announced the action after rejecting a last-minute plea from the bank’s chairman, also filed criminal charges against two former employees at the bank.

The deal sent a strong signal that the authorities wanted to hold banks responsible for their wrongdoing.

Following the UBS model, the Justice Department is now pursuing a guilty plea from a Royal Bank of Scotland subsidiary in Asia over its role in the interest rate manipulation scandal, people briefed on the matter said. That settlement, which could come as soon as next week, is likely to include more than $650 million in fines imposed by American and British authorities, two other people with direct knowledge of the matter said.

In an interview, Mr. Breuer said the rate-rigging case amounted to “egregious criminal conduct.” He struck a similar tone about two other major financial cases — the convictions of executives from Taylor, Bean & Whitaker, a now-defunct mortgage lender, and the 110-year prison term imposed on R. Allen Stanford for his Ponzi scheme.

Mr. Breuer has also focused on money-laundering, creating a task force in 2010 that has levied more than $3 billion in fines from banks, including the record fine against HSBC. He stopped short of indicting HSBC after some regulators warned that doing so could destabilize the global financial system.

Mr. Breuer argued that the charges he did not bring — for example, against Goldman Sachs and other banks suspected of fraud after selling toxic mortgage securities to investors — could not have been proved. It was not for a lack of trying, he said, noting that United States attorneys across the country, after reviewing the same evidence he did, also declined to act.

“It’s important for me to hold the financial institutions accountable,” he said. “There’s never been a time that a prosecutor said we should bring a securitization case and I said no.”

Under Mr. Breuer, the division has also increasingly used a 1977 law, the Foreign Corrupt Practices Act, to prosecute corporate bribery.

He also helped run the Justice Department’s investigation of the BP oil spill in the Gulf of Mexico, resulting in the company paying $4.5 billion in fines and other penalties and pleading guilty to 14 criminal charges related to the rig explosion in 2010.

In a statement, Attorney General Eric H. Holder Jr. praised Mr. Breuer. “Lanny has led one of the most successful and aggressive criminal divisions in the history of the Department of Justice,” he said.

Mr. Holder stood behind Mr. Breuer when questions arose about his involvement in the botched gun-trafficking case known as Operation Fast and Furious. The pair, who were both largely cleared after an inspector general investigation, worked together at Covington.

For years, Mr. Breuer moved in and out of government. The son of Holocaust survivors who fled Europe and settled in Queens, he landed at the Manhattan district attorney’s office after graduating from Columbia Law School. In between stints at Covington, he worked as a White House special counsel, defending President Bill Clinton amid federal investigations and impeachment proceedings.

In the interview on Tuesday, Mr. Breuer reflected on his unusual path to the Justice Department.

“The fact that I got to go from Elmhurst, Queens, to the criminal division is remarkable,” he said.

A version of this article appeared in print on 01/30/2013, on page B3 of the NewYork edition with the headline: Top Federal Prosecutor of Corporate Crime Will Resign.
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The Lede Blog: Under Attack, Cairo Hotel Tweets an S O S

Video of unidentified men streaming into the lobby of Cairo’s Semiramis InterContinental hotel was shown live on Egypt’s ONTV early on Tuesday.

Last Updated, 5:57 p.m. As our colleagues Kareem Fahim, David Kirkpatrick and Mayy El Sheikh report, the mayhem on Cairo’s streets briefly spilled into the lobby of one of the city’s luxury hotels, the Semiramis InterContinental, during intense clashes between riot police and protesters along the Nile Corniche overnight.

Images of a mob streaming into the hotel, shown live on Egyptian television and then posted online, raised fears of further damage to the country’s already battered tourist industry. Coming at the same time as violence in cities on the Suez Canal, this week’s unrest threatened two of the main pillars of the Egyptian economy.

Judging by a series of urgent pleas for help posted on the hotel’s Twitter feed, the raid came just after 2:30 a.m. local time.

Within an hour of sounding the alarm on the social network, the staff reported on Twitter that the security forces had arrived.

Guards at the hotel told Bel Trew of the Egyptian news site Ahram Online that phone calls to the police and the army initially went unheeded as about 40 men armed with shotguns, knives and a semiautomatic weapon broke into the shuttered lobby and started looting.

An Ahram Online journalist who witnessed the attack, Karim Hafez, said that protesters had stopped fighting with the police to help secure the hotel: “When they realized these groups were trying to loot the hotel, protesters shot fire crackers at them as they attacked the building and tried to push them away from the area but these groups were armed with birdshot bullets.”

This reported cooperation of the protesters with the police officers they have been battling for days on the street outside the hotel prompted bloggers like the British-Egyptian journalist Sarah Carr to comment on the black comedy of the situation.

Another Egyptian blogger, Mohammed Maree, reported on his @mar3e Twitter feed that a police captain on the scene confirmed to him that the protesters who were fighting with the security forces when the raid took place were not responsible for the storming of the hotel.

Mr. Maree also reported that witnesses to the raid said it began after four people drove up in a car with no license plates and fired shots to scare protesters away, before storming the hotel. He later posted a photograph of some of the hotel’s guests leaving under the protection of protesters.

Nabila Samak, a spokeswoman for the hotel who posted the calls for help on Twitter, told The Times that the staff members had called Egyptian television stations for help earlier in the evening, well before the attack, after appeals to the security forces for protection went unanswered.

Ms. Samak told Ahram Online that the staff worked to secure the hotel’s guests but were not equipped to cope with the effective collapse of the police force, since, “no guards of hotels in Egypt are armed.” Later she thanked protesters for coming to the aid of the hotel’s staff and guests.

A Saudi women who identified herself as a guest at the hotel, Hilda Ismail, posted updates and photographs from a shelter the guests were taken to during the incident on her Arabic-language Twitter feed.

In one message, she wrote: “If there is no Egyptian security, and if Morsi is sleeping, where are this country’s men!! Come get these dogs, the Semiramis Hotel is being ransacked and we are there.”

Later, Ms. Ismail uploaded a brief video clip of a man attempting to reassure guests that they were safe after the arrival of special forces officers from the ministry of the interior led by a Captain Moataz.

In the clip, the man tells the guests that the police captain wants “to assure you that the hotel is secured and it is under the control of the ministry of the interior now. Within no time you will go back to your rooms and already are in safe hands.” The police, the man added, “will make sure that such thugs will not enter the hotel again. We are sorry.”

Ms. Ismail also posted an image of the ransacked lobby on Twitter.

Ms. Ismai’s claim to have been a guest at the hotel was supported by the fact that she had uploaded a brief video clip, apparently shot from a high floor of the hotel, showing the fighting on the Nile Corniche below.

An unnamed hotel manager in Cairo told Al-Masry Al-Youm, an Egyptian newspaper, that “more than 45 clients insisted on leaving despite the hotel’s offer to relocate them to higher floors, away from the clashes.”

Ignace Bauwens, an executive with the luxury hotel chain, which was created in 1946 by Pan American World Airways, said in a statement e-mailed to The Lede: “The safety of our guests and colleagues is paramount and we have a responsibility to do everything we can to look after them. With the recent escalation of the situation near Tahrir Square we have decided to temporarily close the hotel for security reasons. Our guests have been relocated to other hotels further away from the demonstrations and we’re not taking any new bookings for the coming week.”

Late Tuesday, the staff posted another urgent plea for help on Twitter.

The latest message prompted some alarm, but, as the journalist and blogger Mosa’ab Elshamy observed, the hotel’s staff, like other Egyptians, appeared to be getting used to “the daily chaos.”

Kareem Fahim contributed reporting from Cairo.


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RIM faces its day of reckoning with BlackBerry 10 launch






NEW YORK (Reuters) – The innovative line of BlackBerry smartphones that Research In Motion Ltd will formally unveil on Wednesday has already succeeded on one crucial count – getting RIM back in the conversation.


The new BlackBerry 10 has created a buzz among technology watchers and financial analysts, thanks to nifty features that may set it apart in an overcrowded smartphone market. RIM stock has almost tripled over the past four months on hopes the devices can restore RIM to sustained prosperity.






Reviewers like the browser speed and the intuitive keyboard on RIM’s new touchscreen. A feature called BlackBerry Balance, which keeps corporate and personal data separate, could help RIM rebuild its traditional base of big business customers.


It’s a welcome start for RIM, the smartphone pioneer that has teetered on the brink of irrelevance. But success will come only if consumer and business customers embrace the new technology in the weeks and months after CEO Thorsten Heins takes the wraps off the phone at a glitzy New York launch.


RIM is gambling its survival on the much-delayed BlackBerry 10, hoping to claw its way back into an industry now dominated by Apple Inc’s iPhone and Samsung Electronics Co Ltd’s Galaxy.


The timing may be just right. The new phone hits the market just as the iPhone’s remarkable run is showing some signs of slowing.


“I really do believe that the consumer market as a whole is ready for something new,” said Kevin Burden, head of mobility at Strategy Analytics, an industry consulting firm.


“I have to believe that there is some level of user fatigue that plays into the longevity of some of these platforms,” he added, referring to Google Inc’s Android and Apple’s iOS, which are both more than five years old. “RIM is probably timing it right.”


U.S. BATTLEGROUND


To be sure, RIM shares are about 90 percent below a 2008 peak near $ 150 a share and the company still has a tough fight ahead. It may take investors some time to determine whether RIM’s big gamble on an untested technology has paid off.


RIM’s market share collapsed in the three years ahead of the launch. Strategy Analytics data shows RIM’s global share of the smartphone market was about 3.4 percent in the fourth quarter, down from around 20 percent just three years ago.


While RIM has done well in developing markets, it has hemorrhaged customers in the United States, a market that sets technology trends. RIM’s fourth-quarter North American market share fell to 2 percent from more than 40 percent three years ago.


Acknowledging that it is crucial to win back U.S. customers, RIM will hold its main BlackBerry 10 launch in New York, although there are simultaneous events in six cities across the globe.


Underscoring the point, RIM is splurging on a costly Super Bowl ad to tout its new devices and attempt to brighten its faded image in the U.S. market.


BIG QUESTIONS


Over 150 carriers already have tested the new devices and RIM has said the launch will be the largest ever global rollout of a new platform.


The two big questions the market expects RIM to answer on Wednesday are when the phones – a full touch-screen device and one with a traditional physical keyboard – will hit store shelves, and how much they will cost.


The company is expected to unveil specifics on pricing and availability in different regions at the launch.


“The Street is expecting mid-February for a launch. Anything earlier than that is a positive, anything later will be viewed as negative,” said RBC Dominion Securities analyst Paul Treiber.


That said, there are few mysteries to be cleared up on Wednesday. Leaked photos and specifications of the devices have been splashed across the tech world.


“We’ve had the beta devices for a few weeks and in terms of the devices, they are right up there with the competition,” said Andy Ambrozic, head of IT Infrastructure at Ricoh Canada. “The Balance feature is crucial for corporations that are becoming increasingly concerned about data security.”


Scotiabank analyst Gus Papageorgiou feels RIM has a good chance of a comeback. He says the new BB10 operating system outpaces Apple’s iOS platform and Google’s market-leading Android system in every category except app selection and content.


“There is, we believe, huge potential for the platform and devices to bring people back to BlackBerry or draw entirely new users into the platform,” said Papageorgiou, who has a “sector outperform” rating on the stock.


BlackBerry 10 will not be able to compete on the number of apps, but RIM says its operating system will have the largest application library for any new platform at launch, with more than 70,000 apps available.


It has already gathered big-name music and video partners for its BlackBerry 10 storefront, including Walt Disney Studios and Sony Pictures, Universal Music and Warner Music Group.


Wireless carriers already report strong demand for the new devices. Rogers Communications Inc, Canada’s top wireless carrier and the first globally to take pre-orders for the new devices, said orders are already in the thousands.


“Our customers are excited,” said John Boynton, Rogers’ head of marketing, adding that some users are holding off on upgrades in anticipation of the BB10 launch.


(Additional reporting by Alastair Sharp and Allison Martell in Toronto; Editing by Frank McGurty, Janet Guttsman and Andre Grenon)


Gadgets News Headlines – Yahoo! News





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Ray Lewis avoids talk of report on deer spray


NEW ORLEANS (AP) — Of all the topics Baltimore Ravens linebacker Ray Lewis might have been prepared to talk about at Super Bowl media day, deer-antler spray probably was not among them.


He declined to directly address a Sports Illustrated report that he sought help from a company that makes the unorthodox product to speed up his recovery from a torn right triceps. Lewis was the NFL's leading tackler in the playoffs after missing 10 regular-season games with the injury.


The company says its deer-antler substance contains a byproduct of human growth hormone.


Lewis dismissed the report Tuesday as "stupidity." He said: "There's never been a question of if I ever even thought about using" a banned substance.


The 37-year-old Lewis plans to retire after Sunday's Super Bowl. He was the MVP of the 2001 title game.


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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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