DealBook: Top Federal Prosecutor of Corporate Crime Will Resign

Lanny A. Breuer, the federal prosecutor who led the Justice Department’s response to corporate crime in the wake of the financial crisis, will announce 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 weekslast 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. “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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Phys Ed: Helmets for Ski and Snowboard Safety

Recently, researchers from the department of sport science at the University of Innsbruck in Austria stood on the slopes at a local ski resort and trained a radar gun on a group of about 500 skiers and snowboarders, each of whom had completed a lengthy personality questionnaire about whether he or she tended to be cautious or a risk taker.

The researchers had asked their volunteers to wear their normal ski gear and schuss or ride down the slopes at their preferred speed. Although they hadn’t informed the volunteers, their primary aim was to determine whether wearing a helmet increased people’s willingness to take risks, in which case helmets could actually decrease safety on the slopes.

What they found was reassuring.

To many of us who hit the slopes with, in my case, literal regularity — I’m an ungainly novice snowboarder — the value of wearing a helmet can seem self-evident. They protect your head from severe injury. During the Big Air finals at the Winter X Games in Aspen, Colo., this past weekend, for instance, 23-year-old Icelandic snowboarder Halldor Helgason over-rotated on a triple back flip, landed head-first on the snow, and was briefly knocked unconscious. But like the other competitors he was wearing a helmet, and didn’t fracture his skull.

Indeed, studies have concluded that helmets reduce the risk of a serious head injury by as much as 60 percent. But a surprising number of safety experts and snowsport enthusiasts remain unconvinced that helmets reduce overall injury risk.

Why? A telling 2009 survey of ski patrollers from across the country found that 77 percent did not wear helmets because they worried that the headgear could reduce their peripheral vision, hearing and response times, making them slower and clumsier. In addition, many worried that if they wore helmets, less-adept skiers and snowboarders might do likewise, feel invulnerable and engage in riskier behavior on the slopes.

In the past several years, a number of researchers have attempted to resolve these concerns, for or against helmets. And in almost all instances, helmets have proved their value.

In the Innsbruck speed experiment, the researchers found that people whom the questionnaires showed to be risk takers skied and rode faster than those who were by nature cautious. No surprise.

But wearing a helmet did not increase people’s speed, as would be expected if the headgear encouraged risk taking. Cautious people were slower than risk-takers, whether they wore helmets or not; and risk-takers were fast, whether their heads were helmeted or bare.

Interestingly, the skiers and riders who were the most likely, in general, to don a helmet were the most expert, the men and women with the most talent and hours on the slopes. Experience seemed to have taught them the value of a helmet.

Off of the slopes, other new studies have brought skiers and snowboarders into the lab to test their reaction times and vision with and without helmets. Peripheral vision and response times are a serious safety concern in a sport where skiers and riders rapidly converge from multiple directions.

But when researchers asked snowboarders and skiers to wear caps, helmets, goggles or various combinations of each for a 2011 study and then had them sit before a computer screen and press a button when certain images popped up, they found that volunteers’ peripheral vision and reaction times were virtually unchanged when they wore a helmet, compared with wearing a hat. Goggles slightly reduced peripheral vision and increased response times. But helmets had no significant effect.

Even when researchers added music, testing snowboarders and skiers wearing Bluetooth-audio equipped helmets, response times did not increase significantly from when they wore wool caps.

So why do up to 40 percent of skiers and snowboarders still avoid helmets?

“The biggest reason, I think, is that many people never expect to fall,” says Dr. Adil H. Haider, a trauma surgeon and associate professor of surgery at Johns Hopkins University in Baltimore and co-author of a major new review of studies related to winter helmet use. “That attitude is especially common in people, like me, who are comfortable on blue runs but maybe not on blacks, and even more so in beginners.”

But a study published last spring detailing snowboarding injuries over the course of 18 seasons at a Vermont ski resort found that the riders at greatest risk of hurting themselves were female beginners. I sympathize.

The takeaway from the growing body of science about ski helmets is in fact unequivocal, Dr. Haider said. “Helmets are safe. They don’t seem to increase risk taking. And they protect against serious, even fatal head injuries.”

The Eastern Association for the Surgery of Trauma, of which Dr. Haider is a member, has issued a recommendation that “all recreational skiers and snowboarders should wear safety helmets,” making them the first medical group to go on record advocating universal helmet use.

Perhaps even more persuasive, Dr. Haider has given helmets to all of his family members and colleagues who ski or ride. “As a trauma surgeon, I know how difficult it is to fix a brain,” he said. “So everyone I care about wears a helmet.”

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Phys Ed: Helmets for Ski and Snowboard Safety

Recently, researchers from the department of sport science at the University of Innsbruck in Austria stood on the slopes at a local ski resort and trained a radar gun on a group of about 500 skiers and snowboarders, each of whom had completed a lengthy personality questionnaire about whether he or she tended to be cautious or a risk taker.

The researchers had asked their volunteers to wear their normal ski gear and schuss or ride down the slopes at their preferred speed. Although they hadn’t informed the volunteers, their primary aim was to determine whether wearing a helmet increased people’s willingness to take risks, in which case helmets could actually decrease safety on the slopes.

What they found was reassuring.

To many of us who hit the slopes with, in my case, literal regularity — I’m an ungainly novice snowboarder — the value of wearing a helmet can seem self-evident. They protect your head from severe injury. During the Big Air finals at the Winter X Games in Aspen, Colo., this past weekend, for instance, 23-year-old Icelandic snowboarder Halldor Helgason over-rotated on a triple back flip, landed head-first on the snow, and was briefly knocked unconscious. But like the other competitors he was wearing a helmet, and didn’t fracture his skull.

Indeed, studies have concluded that helmets reduce the risk of a serious head injury by as much as 60 percent. But a surprising number of safety experts and snowsport enthusiasts remain unconvinced that helmets reduce overall injury risk.

Why? A telling 2009 survey of ski patrollers from across the country found that 77 percent did not wear helmets because they worried that the headgear could reduce their peripheral vision, hearing and response times, making them slower and clumsier. In addition, many worried that if they wore helmets, less-adept skiers and snowboarders might do likewise, feel invulnerable and engage in riskier behavior on the slopes.

In the past several years, a number of researchers have attempted to resolve these concerns, for or against helmets. And in almost all instances, helmets have proved their value.

In the Innsbruck speed experiment, the researchers found that people whom the questionnaires showed to be risk takers skied and rode faster than those who were by nature cautious. No surprise.

But wearing a helmet did not increase people’s speed, as would be expected if the headgear encouraged risk taking. Cautious people were slower than risk-takers, whether they wore helmets or not; and risk-takers were fast, whether their heads were helmeted or bare.

Interestingly, the skiers and riders who were the most likely, in general, to don a helmet were the most expert, the men and women with the most talent and hours on the slopes. Experience seemed to have taught them the value of a helmet.

Off of the slopes, other new studies have brought skiers and snowboarders into the lab to test their reaction times and vision with and without helmets. Peripheral vision and response times are a serious safety concern in a sport where skiers and riders rapidly converge from multiple directions.

But when researchers asked snowboarders and skiers to wear caps, helmets, goggles or various combinations of each for a 2011 study and then had them sit before a computer screen and press a button when certain images popped up, they found that volunteers’ peripheral vision and reaction times were virtually unchanged when they wore a helmet, compared with wearing a hat. Goggles slightly reduced peripheral vision and increased response times. But helmets had no significant effect.

Even when researchers added music, testing snowboarders and skiers wearing Bluetooth-audio equipped helmets, response times did not increase significantly from when they wore wool caps.

So why do up to 40 percent of skiers and snowboarders still avoid helmets?

“The biggest reason, I think, is that many people never expect to fall,” says Dr. Adil H. Haider, a trauma surgeon and associate professor of surgery at Johns Hopkins University in Baltimore and co-author of a major new review of studies related to winter helmet use. “That attitude is especially common in people, like me, who are comfortable on blue runs but maybe not on blacks, and even more so in beginners.”

But a study published last spring detailing snowboarding injuries over the course of 18 seasons at a Vermont ski resort found that the riders at greatest risk of hurting themselves were female beginners. I sympathize.

The takeaway from the growing body of science about ski helmets is in fact unequivocal, Dr. Haider said. “Helmets are safe. They don’t seem to increase risk taking. And they protect against serious, even fatal head injuries.”

The Eastern Association for the Surgery of Trauma, of which Dr. Haider is a member, has issued a recommendation that “all recreational skiers and snowboarders should wear safety helmets,” making them the first medical group to go on record advocating universal helmet use.

Perhaps even more persuasive, Dr. Haider has given helmets to all of his family members and colleagues who ski or ride. “As a trauma surgeon, I know how difficult it is to fix a brain,” he said. “So everyone I care about wears a helmet.”

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Gadgetwise Blog: Q&A: Tweeting in Public or Private

Can someone you block on Twitter still see your tweets?

Blocking another Twitter user prevents the person from following your account and automatically seeing your posts in his or her Twitter feed. Your tweets may still be visible, however, if you have not turned on certain privacy controls in your account’s settings.

Twitter allows you to have a public account, where anyone on the Web can see your posts on your Twitter profile page, or a protected account, where only the people you approve as followers can see your tweets. You can adjust this visibility on Twitter in your account’s settings, as explained in the site’s help guide.

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India Ink: No Knowledge of Pakistan Complaints, Indian Officials Say

Following the recent killings of Indian and Pakistani soldiers near the Kashmir border, a local newspaper reported classified United Nations documents show that the cycle of violence between troops of the two countries has continued despite the cease-fire in 2003.

The Hindu, a national English-language daily newspaper, said Wednesday that Pakistan has repeatedly complained to the United Nations Military Observer Group in India and Pakistan about the killings of at least 18 of its soldiers, including four beheadings, by Indian forces between 2000 and 2011. The United Nations group was set up in 1949 to monitor cease-fire violations between the two countries.

Indian officials denied the report on Wednesday.

In the worst flare-up since the 2003 cease-fire, Indian and Pakistani troops exchanged gunfire near the Line of Control earlier this month, resulting in deaths on both sides. At the time, India accused Pakistan of beheading one of its soldiers, a charge Pakistan denies.

Among the complaints it filed, Pakistan alleged in 2003 that Indian forces decapitated one of its soldiers, the Hindu said.

The Hindu also reported that Pakistan also complained that Indian forces decapitated two civilians during a massacre in the village of Bandala in 1998, which claimed 22 civilian lives.

Indian army spokesperson Col. Jagdeep Dahiya described the article as “erroneous and speculative.”

“The Indian Army is highly professional and does not indulge in un-soldierly acts as alleged in the article,” he said. “The very fact that Pakistan has not raised such issues in bilateral interactions since 1998 bears testimony to allegations leveled against the Indian army being misleading,” he said.

Col. Dahiya also said that there is an existing mechanism to regulate conflict near the line of control between India and Pakistan. “The article seems to have been based on one-sided allegations made by the Pakistan army to UNMOGIP,” he said, an organization whose status is questionable.

Sitanshu Kar, spokesman for the Indian Ministry of Defense, said that he had no knowledge of Pakistan’s complaints to the United Nations group, and that he had not been contacted for The Hindu article. “It’s the first time I’m hearing about this,” he said. “I have not seen any such document.”

Syed Akbaruddin, the spokesman for the India’s Ministry of External Affairs, said that India did not have any formal exchange with the United Nations Military Observer Group. “We feel that Unmogip has outlived its relevance,” he said. The country’s relationship with the organization ended after India and Pakistan entered the 1972 Simla Agreement, in which both countries said they would resolve their disputes bilaterally.

Mr. Akbaruddin added that Pakistan had not raised these complaints directly with India. “Frankly, this is not a discussion we have had diplomatically,” he said.

An official at the United Nations organization’s office in Srinagar refused to comment on the report, or whether such complaints by Pakistan had been received. Calls made to the group’s office in Delhi were not answered.

Lt. Gen. Baljit Singh Jaswal, who from October 2009 to December 2010 led the Northern Command, which supervises troops in Jammu and Kashmir, said that India had engaged in no cross-border violations during that time.

General Jaswal, now retired, added that Pakistan had violated the cease-fire “numerous times” and that India had exchanged retaliatory fire.

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DealBook: Anglo American Takes $4 Billion Charge on Mining Deal

LONDON – Anglo American took a $4 billion charge on Tuesday on an iron ore project bought at the top of the market.

The company said it would take a post-tax charge on its Minas-Rio iron ore project in Brazil because production costs at the site had skyrocketed.

A rival, Rio Tinto, announced a $14 billion charge this month against some aluminum and coal mining assets for similar reasons. Rio Tinto’s chief executive, Tom Albanese, resigned on the same day.

The charges show how mining companies are facing up to increasing costs for labor and infrastructure that started to weigh on the profitability of assets acquired during the takeover frenzy about five years ago. Rising commodity prices, spurred largely by a construction boom in China and other emerging economies, had tempted mining executives to pay ever larger sums for production sites.

“Over the past 12 months there was a shift from aggressive growth to capital efficiency,” said Sam Catalano, an analyst at Nomura. He added that there could be more write-downs to come as mining industry executives take a more conservative approach and review the value of past acquisitions.

Shares of Anglo American rose 2.3 percent in London on Tuesday.

Like Rio Tinto, Anglo American appointed a new chief executive this year. Mark Cutifani, the chief executive of AngloGold Ashanti, will succeed Cynthia Carroll in April. Mr. Cutifani is expected to focus on streamlining operations and returning money to shareholders.

Ms. Carroll, who announced her resignation in October, led the initiative to acquire Minas-Rio from the Brazilian billionaire Eike Batista for about $5.15 billion in cash between 2007 and 2008. The deal was supposed to help Anglo catch up with rivals and give it a significant share of the iron ore market. But costs to develop the project have been climbing ever since, turning the asset into a major headache for management.

Total capital expenditure for Minas-Rio is now expected to reach $8.8 billion instead of the $2.6 billion the company had initially expected, Anglo American said on Tuesday. The company had to increase the spending estimate several times before, once when the discovery of caves at the site needed special geological expertise and there were delays in obtaining some permits. Anglo American said the most recent cost increase related to gaining access to additional land, more expensive license conditions and a one-year delay in shipping the first ore from the new site.

“We are clearly disappointed that the diversity of challenges that our Minas-Rio project has faced has contributed to a significant increase in capital expenditure,” leading to the charge, Ms. Carroll said in a statement.

Anglo American had warned investors about spiraling costs at the site two months ago. But even though the charge on Minas-Rio was expected, it is “still a big number,” Ben Davis, an analyst at Liberum Capital, wrote in a note to clients.

Anglo American will book the charge as part of its 2012 full-year results, which it is scheduled to announce next month.

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Well: Celery Recipes for Health

For many people, celery is best used as a garnish, part of a snack tray or perhaps to stir a Bloody Mary. But to Martha Rose Shulman, the Recipes for Health columnist, celery can be a main course. She writes:

I’m a big fan of celery, both raw and cooked, as the main ingredient or as one of several featured ingredients in a dish. You can do the traditional thing with raw celery and dice it up and add it to a potato, tuna or egg salad, or you can make a celery salad, slicing the branches as thin as you can get them and tossing them with herbs, radishes, oil and vinegar, and blue cheese. If you are cooking with celery, don’t stop at one branch when you make soup. The celery contributes a wonderful herbal flavor dimension. It retains its texture for a long time when you cook it, so I used it as the main vegetable in a risotto and loved the way it stood up to the creamy rice.

Here are five ways to move celery off the snack tray and on to center plate.

Lentil, Celery and Tomato Minestrone: With extra celery, traditional minestrone soup takes on a whole new layer of flavor.


Pan-Cooked Celery With Tomatoes and Parsley: A way to serve celery as a side dish, or as a topping for grains or pasta.


Celery and Radish Salad With Gorgonzola: Use the delicate hearts of celery for this light and delicious salad.


Celery Risotto With Dandelion Greens or Kale: Celery contrasts nicely with the rice in this aromatic risotto.


Puréed Broccoli and Celery Soup: A broccoli soup with an added dimension of flavor.


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Well: Celery Recipes for Health

For many people, celery is best used as a garnish, part of a snack tray or perhaps to stir a Bloody Mary. But to Martha Rose Shulman, the Recipes for Health columnist, celery can be a main course. She writes:

I’m a big fan of celery, both raw and cooked, as the main ingredient or as one of several featured ingredients in a dish. You can do the traditional thing with raw celery and dice it up and add it to a potato, tuna or egg salad, or you can make a celery salad, slicing the branches as thin as you can get them and tossing them with herbs, radishes, oil and vinegar, and blue cheese. If you are cooking with celery, don’t stop at one branch when you make soup. The celery contributes a wonderful herbal flavor dimension. It retains its texture for a long time when you cook it, so I used it as the main vegetable in a risotto and loved the way it stood up to the creamy rice.

Here are five ways to move celery off the snack tray and on to center plate.

Lentil, Celery and Tomato Minestrone: With extra celery, traditional minestrone soup takes on a whole new layer of flavor.


Pan-Cooked Celery With Tomatoes and Parsley: A way to serve celery as a side dish, or as a topping for grains or pasta.


Celery and Radish Salad With Gorgonzola: Use the delicate hearts of celery for this light and delicious salad.


Celery Risotto With Dandelion Greens or Kale: Celery contrasts nicely with the rice in this aromatic risotto.


Puréed Broccoli and Celery Soup: A broccoli soup with an added dimension of flavor.


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Gadgetwise Blog: Q&A: Reading Google Books on an iPhone

I know Apple has its own e-book store, but can I download and read the free stuff from Google Books on an iPhone, or do I need an Android phone?

You do not need an Android device to get e-books from the Google Play store. You just need the Google Play Books app installed on your iPhone and a Google account, both of which are free. The Google Play Books app is available in Apple’s App Store and you can sign up for a Google account on the Web, or through the books app.

Unlike Apple’s own iBooks app and online iBookstore, you cannot browse and buy books directly through the Google Play Books app. To get new e-books on your phone, open the iPhone’s Safari Web browser and go to this site. From here, you can browse Google’s collection and select the books (free or paid) you want to download and read on your phone. After you log into the Web store with your Google account, your books appear in the Google Play Books app on the iPhone.

Google has full instructions for using its books app here. You can get books from Amazon and Barnes & Noble’s e-book stores on the Web with the Kindle and Nook apps for iPhone, which are also available free in the App Store.

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The Lede Blog: Syria President's Wife Pregnant, Lebanese Newspaper Says

Just as tens of thousands of Syrians are scrambling to get themselves and their children out of war-ravaged Syria, President Bashar al-Assad and his glamorous wife, Asma, apparently are taking the opposite approach. They are having a baby, according to a Lebanese newspaper sympathetic to the Assad family.

The newspaper, Al Akhbar, dropped this news on Monday as a tangential reference in a fawning article describing a visit with President Assad in Damascus, in which he predicts victory in an increasingly bloody insurgency that is almost two years old. “On a personal level, the man seems calm and in control,” said an English-language version of the article on the newspaper’s Web site. “His confidence stands out. Also, there’s the news of the pregnancy of his wife, Asma, which could not be dealt with as a simple personal matter between a couple.” The Assads already have three young children.

The Al Akhbar account provided no further insight into the pregnancy or due date. But the reference seemed to corroborate rumors that Mrs. Assad had conceived in June, which was reported in November by Al Bawaba, an Amman-based news Web site. Mrs. Assad, a 37-year-old former investment banker who was born in London, has not been seen publicly in months. Rumors have repeatedly surfaced that she has left Syria for personal safety reasons.

If the June conception rumors are correct, the Assads expanded their family during some of the worst mayhem in the country. Mr. Assad said for the first time that month that the country was in a state of war. He further antagonized his former friendly neighbor Turkey when Syrian gunners shot down a Turkish warplane over the Mediterranean. A rash of high-ranking military officers defected in Turkey, and a Syrian Air Force pilot flew his MiG to Jordan and sought asylum. And the United Nations cease-fire monitoring mission in Syria was suspended because of escalating violence.

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