U.S. sues S&P over mortgage bond ratings

The federal government is embarking on one of its most ambitious efforts to assign blame for the financial crisis, going after Wall Street's biggest credit rating firm for its role in pumping up the housing bubble.

The Justice Department filed a lawsuit late Monday in Los Angeles federal court against Standard & Poor's Corp. The suit accuses the company's analysts of issuing glowing reviews on troubled mortgage securities whose subsequent failure helped cause the worst financial crisis since the Great Depression.

The action marks the first federal crackdown against a major credit rater, and it signals an untested legal tack after limited success in holding the nation's banks accountable for the part they played in the crisis.

The government selected Los Angeles as the venue to file the lawsuit in part because it was one of the regions hardest hit when the bottom fell out of the housing market. Hundreds of thousands of California residents lost their homes to foreclosure, and others saw their wealth evaporate as properties plummeted in value.

"The DOJ is playing hardball and they're coming at the ratings agency in a very different direction with a potentially very powerful weapon to push S&P to the settlement table," said Jeffrey Manns, a law professor at George Washington University.

In addition to the Justice Department, several state attorneys general are investigating the ratings agency. States such as California and New York are expected to pursue their own investigations and legal action, people familiar with the matter said.

S&P has faced other lawsuits from investors and the states of Illinois and Connecticut.

California is expected to sue S&P under the state's False Claims Act, one person familiar with the matter said. The law makes it a crime to defraud the state, and damages of up to three times the amount of the claim can be awarded if the victim was an institutional investor, such as one of the state's pension funds.

The federal action does not involve any criminal allegations. Critics have complained that the government has yet to send any senior bankers or Wall Street executives to jail for potential illegal behavior that led to the crisis.

But civil actions typically require a much lower burden of proof.

Investors rely in part on rating agencies to decide what stocks, bonds or other securities to buy based on the agencies' recommendations about their safety. The three major raters – S&P, Moody's Investors Service and Fitch Ratings — have all been criticized for giving perfect AAA ratings to complex bonds in 2007 that later turned out to be nearly worthless.

It was not known why Standard & Poor's was singled out in the federal lawsuit.

The government and S&P have tangled before. The rating agency in August 2011 issued a historic downgrade of U.S. creditworthiness and threatened to lower it even further.

The two sides were reportedly in settlement talks that broke down during the past week. The ratings firm could face hundreds of millions of dollars in fines and new restrictions on its business model if found liable of civil violations.

S&P, which is a unit of publisher McGraw Hill, denounced the lawsuit in a detailed and strongly worded response. The company said the claims were unjustified, adding that it acted in "good faith" to warn the world about some of the securities that went belly up.

"A DOJ lawsuit would be entirely without factual or legal merit," the company said, adding that even the U.S. government "publicly stated that problems in the subprime market appeared to be contained."

The rating firm has steadfastly maintained that it was protected under the 1st Amendment to state an opinion about certain financial products. That argument may not hold up if federal or state investigators are able to prove that the ratings agency knowingly gave improper evaluations.

The lawsuit zeros in on a series of collateralized debt obligations that were created at the height of the housing boom in 2007, according to S&P. The value of these exotic mortgage securities was nearly wiped out when the subprime mortgages they were tied to imploded.

Lawrence J. White, an economics professor at New York University's business school, believes that the housing crisis could have been more contained if ratings agencies had been more careful.

"If they had been more conservative in their ratings, fewer bonds would have been sold, the interest rates would have been higher, fewer mortgages would have been granted," White said. "There would still have been a housing bubble, but it might not have been quite so severe."

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Beyonce puts Super Bowl ring on halftime; Hudson, Keys flawless

Beyonce looked like she stepped off from the recent air-brushed perfection of her GQ magazine cover, danced like a junior Tina Turner and generally owned her 12 minutes on a worldwide stage Sunday like few Super Bowl performers ever have.

But there were a few nagging questions: Was she live or was she canned? Or perhaps more to the point: Did it matter?

Beyonce’s performance had the lip-sync police out in force. The pop star fessed up to singing with a backing tape at the presidential inauguration a few weeks ago, but that should come as no surprise. Canned performances have been business as usual at Super Bowl-sized events for decades. For most performers, the question isn’t whether to use a backing tape, but whether to sing into an open microphone while the tape serves as a kind of aural safety net.

Sound engineers note that the entire performance has to be set up in six minutes at halftime, with no guarantees that the singer will be able to hear herself or that there will be technical glitches that compromise the performance. Most artists are in it strictly to look and sound good anyway. They don’t view it as a “performance” so much as a way to promote product to more than 100 million TV viewers; in Beyonce’s case, it was a free ad for her recent reunion and greatest hits album with Destiny’s Child.

And, wow, guess what? There she was with her Destiny Child companions Kelly Rowland and Michelle Williams! Williams coyly said there was nothing to the reunion rumors a few years ago, citing her commitment to appear in a touring version of the Broadway play “Fela!,” but miraculously she found a way to clear her schedule just in time.

The leather-clad trio looked like a walking, strutting advertisement for a dominatrix-boutique franchise. But Rowland and Williams came off as Beyonce’s backing band, dutifully singing harmonies on one of the singer’s biggest solo singles, "Single Ladies (Put a Ring on It)." Her Destiny’s Child accomplices were part of a huge ensemble of dancers and musicians that appeared to consist entirely of women.

Otherwise, it was the high-heeled Beyonce stomping her imprint on libidos everywhere: the silhouetted opening countoff into “Crazy in Love,” topped with a firecracker-spewing guitar solo; the Jamaican dancehall flavor of “Baby Boy”; the closing, signature ballad “Halo.” On the latter, the close-up TV images suggested that the singer was indeed belting it out, at least semi-“live.” But by then the verdict was already in: Beyonce affirmed that she’s the reigning all-purpose multimedia celebrity of our era, and she knows how to entertain.

The musical prelude to the game was relatively low-key in comparison. Marvin Gaye gave one of the longest and most celebrated versions of the National Anthem at a sporting event ever in 1983 at the NBA All-Star Game. But at 2:40, Alicia Keys went six seconds longer than Gaye in her interpretation before Sunday's kickoff.

Seated at a white grand piano, Keys offered a blues and jazz-tinged version of the technically demanding song. Like Gaye, she made the song seem fragile, even poignant, the intimacy undercutting any threat of the showboating that sank Christina Aguilera’s interpretation two years ago. There are many ways to perform the anthem – Kelly Clarkson belted out a concise, fat-free version in 1:34 at last year’s Super Bowl. But Keys certainly delivered one of the best of recent vintage.

Its tone was appropriate given what preceded it: Jennifer Hudson’s “America the Beautiful.” The singer gave a dignified reading, but the focus was deservedly on her smiling choir: 26 white-shirted, beribboned students from the Sandy Hook Elementary School in Connecticut, the scene of a mass murder last year that claimed 26 lives. Hudson herself has been a victim of gun violence; her performance of the National Anthem at the 2009 Super Bowl came only months after her mother, brother and nephew were killled in their Englewood home in Chicago.

greg@gregkot.com

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Estonian pleads guilty in U.S. court to Internet advertising scam

NEW YORK (Reuters) – An Estonian man pleaded guilty on Friday in U.S. federal court for his role in a massive Internet scam that targeted well-known websites such as iTunes, Netflix and The Wall Street Journal.

The scheme infected at least four million computers in more than 100 countries, including 500,000 in the United States, with malicious software, or malware, according to the indictment. It included a large number of computers at data centers located in New York, federal prosecutors said.

Valeri Aleksejev, 32, was the first of six Estonians and one Russian indicted in 2011 to enter a plea. They were indicted on five charges each of wire and computer intrusion. One of the defendants, Vladimir Tsastsin, was also charged with 22 counts of money laundering.

In U.S. District Court in Manhattan on Friday, Aleksejev pleaded guilty to conspiracy to commit wire fraud and conspiracy to commit computer intrusion. He faces up to 25 years in prison, deportation and the forfeiture of $ 7 million.

The scam had several components, including a “click-hijacking fraud” in which the malware re-routed searches by users on infected computers to sites designated by the defendants, prosecutors said in the indictment. Users of infected computers trying to access Apple Inc’s iTunes website or Netflix Inc‘s movie website, for example, instead ended up at websites of unaffiliated businesses, according to the indictment.

Another component of the scam replaced legitimate advertisements on websites operated by News Corp’s The Wall Street Journal, Amazon.com Inc and others with advertisements that triggered payments for the defendants, prosecutors said.

The defendants reaped at least $ 14 million from the fraud, prosecutors said. However, Aleksejev’s lawyer, William Stampur, said in court on Friday that Aleksejev has no assets.

Estonian police arrested Aleksejev and the other Estonians in November 2011. One other Estonian, Anton Ivanov, has been extradited, and the extradition of the other four is pending, according to the U.S. Attorney’s office in Manhattan. The Russian, Andrey Taame, remains at large, according to the U.S. Attorney’s office.

Aleksejev told Magistrate Judge James Francis he assisted in blocking anti-virus software updates on infected computers. Francis asked Aleksejev if he knew what he was doing was illegal.

“I thought it was wrong,” Aleksejev said in broken English after a long pause. “But of course I didn’t know all the laws in the U.S.”

Francis set a tentative sentencing date of May 31 for Aleksejev.

The case is USA v. Tsastsin et al, U.S. District Court in Manhattan, No. 11-00878.

(Reporting by Bernard Vaughan; Editing by Dan Grebler)

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Bolshoi ballet chief heads to Germany after attack

MOSCOW (AP) — The artistic director of the Bolshoi ballet said he knows who ordered an acid attack that left him with severe burns to his eyes and face but won’t say, voicing hope that investigators will soon name the perpetrator.

Sergei Filin checked out of a Moscow hospital Monday and headed to Germany for further rehabilitation.

Filin, 42, wore shades and a bandage on his head, and skin on his face was red and swollen from burns. But he spoke energetically and seemed to be in a good mood as he walked out of the hospital accompanied by his wife.

“My body is full of strength and energy,” he told reporters.

Filin earlier told Russian state television that he knew who ordered the attack but wouldn’t give names. “My heart tells me who did it,” Filin told Rossiya 24 television in an interview broadcast late Sunday.

He said that investigators would visit him in Germany as part of the continuing probe.

An attacker threw sulphuric acid in Filin’s face in Moscow on Jan. 17, as he was returning home from work.

“I felt enormous, unbearable pain,” Filin recalled in the television interview. “I fell face down in the snow and started rubbing my face and eyes with snow.”

His colleagues said the attack on Filin could be in retaliation for his selection of certain dancers over others for the prized roles.

The Bolshoi has been plagued by intrigue and infighting that have led to the departure of several artistic directors over the past few years.

Filin told reporters Monday as he was leaving the hospital that he’s still seeing as if through a mist as his eye treatment is continuing, and added that he will have to undergo further eye surgery in Germany.

“I don’t care about my face, my hair, my looks,” he said in the television interview. “I’m ready to be completely bald, look like a Frankenstein. It will have no impact on my heart, on my soul. All my inner self, all my energy is focused on recovering eyesight.”

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The New Old Age Blog: Therapy Plateau No Longer Ends Coverage

Ellen Gorman, 72, a New York psychotherapist, can’t walk very far and gets around the city mainly by taxi, “which is really expensive,” she said. Twice since 2008 her physical therapy was discontinued because she wasn’t progressing. But after a knee replacement last year, she is getting physical therapy again, exercising with her therapist and building up her endurance by walking in the hallway of her Manhattan apartment building.

“Before this, I was getting weaker and weaker, and I just kept caving in,” she said.

Because of an action by Congress and a recent court settlement, Medicare probably won’t cut off Ms. Gorman’s physical therapy again should her progress level off — as long as her doctor says it is medically necessary.

Congress continued for another year a little-known process that allows exceptions to what Medicare pays for physical, occupational and speech therapy. The Medicare limits before the exceptions are $1,900 for physical and speech therapy this year, and $1,900 for occupational therapy.

In addition, the settlement of a class-action lawsuit last month now means that Medicare is prohibited from denying patients coverage for skilled nursing care, home health services or outpatient therapy because they had reached a “plateau,” and their conditions were not improving. That will allow people with Medicare who have chronic health problems and disabilities to get the therapy and other skilled care that they need for as long as they need it, if they meet other coverage criteria.

The settlement is expected to affect thousands, and possibly millions, of Medicare beneficiaries with chronic health problems like Parkinson’s or Alzheimer’s disease, stroke, multiple sclerosis and spinal cord injuries. It could also help families, as well as the overburdened Medicare budget, delay costly nursing home care by enabling seniors to live longer in their own homes.

“Under this settlement, Medicare policy will be clarified to ensure that claims from providers are reimbursed consistently and appropriately and not denied solely based on a rule-of-thumb determination that a beneficiary’s condition is not improving,” said Fabien Levy, a spokesman for the U. S. Department of Health and Human Services, which includes the Medicare program.

The lawsuit was filed by the Center for Medicare Advocacy and Vermont Legal Aid on behalf of four Medicare patients and five national organizations, including the National Multiple Sclerosis Society, Parkinson’s Action Network and the Alzheimer’s Association. A tentative settlement had been reached in October and on Jan. 24 a federal judge in Vermont approved the deal.

For seniors getting skilled services at home under a doctor’s order, the settlement means Medicare’s home health coverage has no time limit, Margaret Murphy told lawyers attending the annual meeting of the National Academy of Elder Law Attorneys in Washington, D. C., shortly after the then-tentative settlement was announced.

The coverage “can go on for years and years, if your doctor orders it,” said Ms. Murphy, the center’s associate director, who added that patients must be homebound (though not bedbound) and need intermittent care — every couple of days or weeks – that can only be provided by a physical therapist, nurse or other trained health care professional. When physical therapy is provided as part of Medicare’s home health benefit, the therapy dollar limits may not apply.

The settlement ensures that nursing home residents will also get coverage for skilled care regardless of improvement, but does not change the duration, which is still limited to up to 100 days per “benefit period.” That begins when a patient is admitted as an inpatient to a hospital or a nursing home for skilled care and ends after 60 days without skilled care. The agreement preserves the requirement that they must also have spent at least three days as inpatients in a hospital.

Federal officials say the settlement is not a change in Medicare coverage rules, but that statement may surprise many beneficiaries and providers.

“If someone isn’t making progress, I say, ‘Listen, I’m sorry but Medicare’s not going to cover this so you can come in for a few more sessions but then I have to let you go,’ ” said Greg Babiec, a physical therapist and one of the owners of Evolve, a private therapy practice with offices in Manhattan and Brooklyn. He had not heard about the settlement.

Beneficiaries also often lose Medicare coverage for outpatient therapy because they hit the payment limit. But under the exceptions process Congress continued for another year, the health care provider can put an additional code on the claim that indicates further treatment above the $1,900 limit is medically necessary. When treatment costs reach $3,700, the provider can submit medical documentation to support a request for another exception to cover 20 more sessions. (A Medicare fact sheet provides some additional details, but has not been updated for 2013.)

In 2011, nearly five million seniors received therapy services at a cost of $5.7 billion, and about one out of every four received an exception to the then-$1,870 limit, according to the Medicare Payment Advisory Commission, an independent government agency that advises Congress.

Just a few hours before the settlement was approved, Rachel DeGolia learned that her 87-year-old father in Chicago was going to have to stop therapy because he stopped showing improvement — again.

“Every time he stops going to physical therapy, he starts to backslide in terms of his balance, his strength and his mobility,” said Ms. DeGolia, executive director of the Universal Health Care Action Network, a national advocacy group in Cleveland. His physical therapist did not know Medicare will cover therapy to prevent her father’s condition from getting worse.

Under the settlement, Medicare officials have until next January to straighten things out by notifying health care providers. Beneficiaries are not among those to be contacted, and so far the federal officials have not issued a formal statement on the settlement.

But patients don’t have to wait for their provider to get the official word, said Judith Stein, the lead attorney for the plaintiffs and executive director of the Center for Medicare Advocacy. “This isn’t a clandestine settlement,” she said.

The center’s Web site offers free “self-help” packets explaining how to challenge a denial of coverage that is based on the lack of improvement. Ms. Stein also advises beneficiaries to show a copy of the settlement — also available from the Web site — to your health care provider at your next physical therapy appointment if you are concerned about losing Medicare coverage. (If you follow this advice, let us know what happens.)

The Web site also explains how beneficiaries can request a review of their case if they received skilled nursing or therapy services in a skilled nursing facility, at home or as outpatients and were denied Medicare coverage because of a lack of progress after Jan. 18, 2011, when the lawsuit was filed.

Dean Lerner relied on the settlement last month to ensure that his brother-in-law would continue to receive Medicare physical therapy coverage.

“My brother-in-law in St. Louis suffers from Parkinson’s disease, and has for many years, and my sister is having a devil of a time helping him as his disease progresses,” said Mr. Lerner, a retired lawyer and state health official in Des Moines, who is also a Medicaid consultant.

A physical therapist teaches his brother-in-law to stand, turn and use a walker and maintain what little strength he still has. But because his condition hasn’t improved, the therapist said Medicare would not pay for additional sessions.

“But for my being an attorney, the outcome may well have been very different, and that shouldn’t be,” he said. “Why should you have to fight?”

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Cubs, rooftop spat best viewed from sidelines

From the Super Bowl to the sandlot, just as surely as players give 110 percent, the math of sports is always suspect.

Sports isn't like other businesses. What other investment becomes more attractive because of its unpredictability? Revenue can always be accounted for, but what of ego, pride, loyalty, stubbornness or even the microns that separate a catch from a muff?

In no other industry does a perennial also-ran continue to see its value increase.

That's why it's a mistake to get too wrapped up in the dispute between the wealthy Ricketts family that owns the Chicago Cubs and the owners of buildings adjacent to Wrigley Field who have turned their rooftops into garish, outsize extensions of the bleachers?

If it's just money, there's a price — and if there's a price, there's a solution to be worked out. If it's a game, the drama is best enjoyed with healthy detachment because logic may or may not dictate the outcome.

Like a hockey fight, one or both combatants will eventually run out of gas, then will be penalized with the loss of time and opportunity.

"What we are trying to do is resolve this right now," Jim Lourgos, one of the rooftop club owners, said recently during a visit to Tribune Tower. "If you're in court on something like this, my feeling has always been that by the time you're in court, you've already lost."

Unless, say, you're trying to run out the clock. But enough with the sports metaphors.

At the center of this dispute, for those late arrivals to this fight, is a nearly 99-year-old ballpark long overdue for a rehab. Wrigley must be brought into the 21st century, in the interest of the team but also all those who benefit from its standing as a tourist magnet, including those peddling rooftop seats.

The Ricketts family is said to finally have abandoned its quest for taxpayer help in funding the project.

It is true other sports franchises in town have received taxpayer help to build facilities that enrich their owners, but every bad idea has to end somewhere. This would at last be consistent with the philosophy of patriarch Joe Ricketts, who has said he considers it "a crime for our elected officials to borrow money today to spend money today and push the repayment of that loan out into the future on people who aren't even born yet."

Rather than hitting up the cash-strapped city and state, the Ricketts clan instead wants help in the form of concessions such as a relaxation of landmark restrictions and city ordinances that limit such matters as the number of night games and ads in the ballpark. They also want to turn one of the streets into a pedestrian mall.

The rooftop interests, which kick 17 percent of their revenue back to the Cubs as part of a nine-year-old settlement with the team, are terrified the loosened restrictions will result in their views of the ballpark being blocked by advertising signs.

Never mind that Wrigley Field itself has many seats with obstructed views, thanks to support posts.

The rooftoppers have offered to put advertising on their building facades with the money going to the team and city. And they think they have leverage via the 2004 contract they signed with then-Cubs owner Tribune Co. (Yes, that's the same Tribune Co. that owns the Chicago Tribune and still has a small piece of the ballclub.) They think they can parlay this into an extension of their current agreement with the team to 2023.

But the contract allows that "any expansion of Wrigley Field approved by governmental authorities shall not be a violation" of the deal, which means if Mayor Rahm Emanuel gets behind the Ricketts, look out.

Rooftop owners talk about the taxes they pay, the people they employ, the money they've invested to make their businesses safe and viable, the character they add to the neighborhood.

The basic argument, however, still seems a little like when your neighbor with the big-screen TV decides to start watching with the drapes closed on what's become movie night at your house. It's bad form to complain that they not only shouldn't shut the drapes but should open the window and turn up the volume so you and the people in your living room you've charged $1 a head can make out the dialogue better.

At the same time it's hard to sympathize with the Ricketts family, which invested $850 million to acquire the team and ballpark, effectively creating a family trust that's a tax-efficient structure for protecting and eventually distributing wealth across generations. It's not as though these people didn't know Wrigley Field was in need of work or the deals in place with the rooftop clubs. They ought to be able to come up with the cash to make this happen, with or without advertising.

That deal is really something, though. For example, the contract calls for the Cubs to help hype them in a variety of ways, advancing the argument that the rooftop clubs are part of the appeal of Wrigley.

There's a requirement that "WGN-TV will show and comment upon the Rooftops' facilities during the broadcasts of Cubs games and the Cubs will request other Cubs television broadcasting partners to do the same." There's also a mandate for the team to "include a discussion about the Rooftops on their tour of Wrigley Field" and to include stories positive about the Rooftops in The Vine Line," the team's publication.

What you won't read in The Vine Line is that this fight, like the ballpark itself, is a fight over something that may increasingly be quaint in the coming decades. The Los Angeles Dodgers last week announced a $7 billion, 25-year deal for their own cable channel, following the example of the New York Yankees, which already have their own.

With that kind of money coming in via television, the pressure to make money from ticket sales may be relieved somewhat, turning the stadiums into glorified studios. But that may be too logical for sports. For one thing, it assumes that player salaries won't escalate in response as owners ditch their budgets in order to get an edge that may or may not materialize.

That's the thing about sports. You never know how the numbers will add up.

philrosenthal@tribune.com

Twitter @phil_rosenthal

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1 person dead, 8 to 10 people displaced in apartment fire

Chicago Tribune illustration (Nancy Stone / March 21, 2012)

Staff report

8:24 a.m. CST, February 3, 2013

A man died and between eight to 10 people were displaced after a fire broke out in a six-unit apartment in Huntley this morning, fire officials said.

Huntley firefighters were called to the two-alarm fire Woodcreek Apartments, 11702 Woodcreek Drive at about 6:15 a.m., said Battalion Chief Tim Flannigan of the Huntley Fire Protection District.

The fire happened at the six unit, wood-frame apartment building, said Flannigan.

He said the fire began in one unit of the apartment where a man was found deceased, he said.

The fire spread to two other units of the building and between eight to 10 people were displaced.

He said the McHenry County coroner was called to the scene, he said.

While the cause of the fire is under investigation, the preliminary indication is that the fire did not appear suspicious and may have been accidentally caused, he said.

A Huntley firefighter sustained a minor injury, he said.

It took firefighters about 10 minutes to put out the main fire in the unit and another hour and 20 minutes before officials had the scene under control.

chicagobreaking@tribune.com

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China May (or May Not) Be Behind the Twitter Hack

You may not have heard, but roughly 250,000 Twitter accounts may have been compromised by hackers. There’s a theory that — if you read between the lines — Twitter is implying the Chinese are to blame for compromising their security. 

RELATED: The Chinese Want to Know Why Their News Is on Twitter and They Aren’t

Twitter revealed that roughly a quarter million accounts may have been compromised by hackers in a blog post Friday evening. (A classic Friday evening news dump if there ever was one; they got a $ 10 billion valuation the same day.) 

RELATED: A Punk Prince, Women in the Military, a New Tennis Controversy

Bandits might have made away with “usernames, email addresses, session tokens and encrypted/salted versions of passwords – for approximately 250,000 users.” They think. A Twitter representative stressed to the Verge that they’re still investigating; there’s a chance we’re all safe. 

RELATED: World Languages Mapped by Twitter

But was China behind it all?! That’s an emerging theory. We don’t know who was behind it. Twitter doesn’t say directly. None of the usual suspects have claimed ownership of the attack. (Yet.)

RELATED: The Good, the Bad, and the Fuzzy of Twitter’s New Censorship Rules

But Twitter mentions the New York Times and Wall Street Journal hacks in their opening paragraph, apropos of nothing, really. It could mean the company was just trying to show they’re not alone in being targeted — look at these bullies picking on these other kids, too. Or it could mean they’re subtly implying China is behind it all. 

RELATED: Did the Berlin Wall’s Fall Save China?

The last paragraph in Twitter’s statement is where the theory really gets its legs. Emphasis ours: 

This attack was not the work of amateurs, and we do not believe it was an isolated incident. The attackers were extremely sophisticated, and we believe other companies and organizations have also been recently similarly attacked. For that reason we felt that it was important to publicize this attack while we still gather information, and we are helping government and federal law enforcement in their effort to find and prosecute these attackers to make the Internet safer for all users. 

So, did they do it? These sophisticated hackers who targeted other companies and organizations sure sounds like they’re implying it was China.

Was it China in the basement with the Cheetos and Red Bull and impressive coding skill? We don’t know for sure, but we’re definitely looking for any and every clue we can find. 

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NBC News President Capus to leave network

(Reuters) – NBC News President Steve Capus will be leaving the network in the coming weeks after struggles at the unit, including lower ratings for its flagship morning TV show, “Today.”

No replacement has been named for Capus, president of NBC News since 2005, according to a company memo obtained by Reuters. In a statement, Capus said it was “now time to head in a new direction.”

Three sources close to NBC said his departure had been rumored around the halls after parent Comcast Corp reorganized the news division in July, bringing in Patricia Fili-Krushel to head the news unit’s business operations. After that change, these sources said, Capus’ departure became a matter of when, not if.

Prior to Comcast’s takeover, the three heads of NBC‘s news operations — Mark Hoffman at CNBC, Phil Griffin at MSNBC and Capus — all reported directly to Jeff Zucker, who was not only NBC’s chief executive but also well-versed in hard news.

“There was a natural flow to the news division under Zucker. They all spoke the same language,” said one of these sources. “No disrespect to Pat, but she’s not viewed as a news person.”

Indeed, both Capus and Zucker basically grew up with each other at NBC, spending about 20 years together at the network. Capus did not say what his next move would be. Zucker, the executive who promoted him seven years ago at NBC, is now the worldwide president of CNN, owned by Time Warner Inc.

The sources said it would not be a surprise if Capus eventually resurfaced in a new position under Zucker at CNN. Earlier this week, Mark Whitaker, the managing editor at CNN, announced his resignation to make room for Zucker to install his own team. Prior to his joining CNN, Whitaker worked at NBC News under both Capus and Zucker.

Fili-Krushel said in a memo to staff on Friday that until a replacement for Capus is found, NBC News will operate under an interim structure with various executives reporting to her. She will start the search for a successor in coming weeks, with Capus helping with the transition.

Two other sources said that the recent view internally has been that Antoine Sanfuentes, an executive who oversees NBC News‘ Washington bureau and the Sunday political talk program “Meet the Press,” was being groomed to replace Capus. Fili-Krushel said in her memo that Sanfuentes will report to her and serve as interim managing editor responsible for editorial decision-making.

The first three sources said they had expected Capus to announce his departure at the end of last year to coincide with the announcement that Jim Bell was leaving as executive producer of the “Today” show to assume the newly created role of full-time executive producer of the Olympics.

Ultimately, Capus decided to trigger his departure by exercising an “out” clause built into his most recent contract, according to one of the first three sources.

Capus commanded the loyalty of NBC News staff, particularly the on-air talent and producers, all of the five sources agreed. Some of the major news events he worked on included the September 11 attacks, the discovery of anthrax in the NBC newsroom, the death of Britain’s Princess Diana and the wars in Iraq and Afghanistan. His resignation came as an unexpected blow to NBC News staff, despite the apparent grooming of Sanfuentes.

Savannah Guthrie, installed by Capus as “Today” show host after the departure of Ann Curry, tweeted on Friday that Capus was “a great leader and tireless advocate for NBC News” who will be missed.

NBC News made deep job cuts in 2006 after wider layoffs at the parent company. Rivals ABC News and CBS News have also made hundreds of layoffs in the past few years.

Capus said in his memo that he “tried to shield journalists from the tough economic pressures hoping that would give each of you the running room to focus solely on a commitment to outstanding journalism.”

RECENT STRUGGLES

NBC News has been the one part of the network’s news operations to show slippage in the last year. CNBC is far and away the leading business news network, as measured in ratings. MSNBC has not only surpassed CNN to become a strong No. 2 among general cable news networks, but has also closed the gap with long-time leader Fox News, owned by News Corp.

“Pat Fili-Krushel has a strong vision of the integration that is required to make the full array of NBC programming fire on all cylinders in unison. She also understands the need to complement both the owned station and Comcast cable group goals to leverage all to best advantage,” said Magid & Associates consultant Steve Ridge.

NBC News has ranked as the leader among network news broadcasts in both the morning and evening for much of Capus’ eight-year run as president. Two of the first three sources said he deserves credit for maintaining the “Today” show as the dominant morning news program, “NBC Nightly News” as the leading evening news broadcast, and “Meet the Press” as the marquee Sunday news program. But over the last year, Capus’ fiefdom has taken a few hits, most notably at the “Today” show.

NBC News, for example, was criticized for ousting Ann Curry as “Today” co-host after only one year.

The “Today” show has been in a back-and-forth ratings war with ABC’s “Good Morning America” ever since ABC snapped NBC’s 16-year unbeaten streak last year. “NBC Nightly News” is averaging 8.76 million total viewers, ahead of “ABC World News” and “CBS Evening News.” It has seen less ratings success with the news magazine “Rock Center with Brian Williams,” which debuted in 2011 and after being bounced around the schedule, will move to Friday nights on Feb 8.

NBC News also came under fire last spring when it decided to edit a call to police from George Zimmerman, the Florida man who shot unarmed teenager Trayvon Martin. The editing made it appear that Zimmerman told police, without being prompted, that Martin was black when, in fact, the full tape revealed that the neighborhood watch captain did so only when responding to a question posed by a dispatcher.

NBC has since been sued for defamation by Zimmerman.

(Additional reporting by Mark Hosenball in Washington; Editing by Lisa Von Ahn, Andrew Hay and Matthew Lewis)

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Concerns About A.D.H.D. Practices and Amphetamine Addiction

Before his addiction, Richard Fee was a popular college class president and aspiring medical student. "You keep giving Adderall to my son, you're going to kill him," said Rick Fee, Richard's father, to one of his son's doctors.

VIRGINIA BEACH — Every morning on her way to work, Kathy Fee holds her breath as she drives past the squat brick building that houses Dominion Psychiatric Associates.

Andrea Mohin/The New York Times

MENTAL HEALTH CLINIC Dominion Psychiatric Associates in Virginia Beach, where Richard Fee was treated by Dr. Waldo M. Ellison. After observing Richard and hearing his complaints about concentration, Dr. Ellison diagnosed attention deficit hyperactivity disorder and prescribed the stimulant Adderall.

It was there that her son, Richard, visited a doctor and received prescriptions for Adderall, an amphetamine-based medication for attention deficit hyperactivity disorder. It was in the parking lot that she insisted to Richard that he did not have A.D.H.D., not as a child and not now as a 24-year-old college graduate, and that he was getting dangerously addicted to the medication. It was inside the building that her husband, Rick, implored Richard’s doctor to stop prescribing him Adderall, warning, “You’re going to kill him.”

It was where, after becoming violently delusional and spending a week in a psychiatric hospital in 2011, Richard met with his doctor and received prescriptions for 90 more days of Adderall. He hanged himself in his bedroom closet two weeks after they expired.

The story of Richard Fee, an athletic, personable college class president and aspiring medical student, highlights widespread failings in the system through which five million Americans take medication for A.D.H.D., doctors and other experts said.

Medications like Adderall can markedly improve the lives of children and others with the disorder. But the tunnel-like focus the medicines provide has led growing numbers of teenagers and young adults to fake symptoms to obtain steady prescriptions for highly addictive medications that carry serious psychological dangers. These efforts are facilitated by a segment of doctors who skip established diagnostic procedures, renew prescriptions reflexively and spend too little time with patients to accurately monitor side effects.

Richard Fee’s experience included it all. Conversations with friends and family members and a review of detailed medical records depict an intelligent and articulate young man lying to doctor after doctor, physicians issuing hasty diagnoses, and psychiatrists continuing to prescribe medication — even increasing dosages — despite evidence of his growing addiction and psychiatric breakdown.

Very few people who misuse stimulants devolve into psychotic or suicidal addicts. But even one of Richard’s own physicians, Dr. Charles Parker, characterized his case as a virtual textbook for ways that A.D.H.D. practices can fail patients, particularly young adults. “We have a significant travesty being done in this country with how the diagnosis is being made and the meds are being administered,” said Dr. Parker, a psychiatrist in Virginia Beach. “I think it’s an abnegation of trust. The public needs to say this is totally unacceptable and walk out.”

Young adults are by far the fastest-growing segment of people taking A.D.H.D medications. Nearly 14 million monthly prescriptions for the condition were written for Americans ages 20 to 39 in 2011, two and a half times the 5.6 million just four years before, according to the data company I.M.S. Health. While this rise is generally attributed to the maturing of adolescents who have A.D.H.D. into young adults — combined with a greater recognition of adult A.D.H.D. in general — many experts caution that savvy college graduates, freed of parental oversight, can legally and easily obtain stimulant prescriptions from obliging doctors.

“Any step along the way, someone could have helped him — they were just handing out drugs,” said Richard’s father. Emphasizing that he had no intention of bringing legal action against any of the doctors involved, Mr. Fee said: “People have to know that kids are out there getting these drugs and getting addicted to them. And doctors are helping them do it.”

“...when he was in elementary school he fidgeted, daydreamed and got A’s. he has been an A-B student until mid college when he became scattered and he wandered while reading He never had to study. Presently without medication, his mind thinks most of the time, he procrastinated, he multitasks not finishing in a timely manner.”

Dr. Waldo M. Ellison

Richard Fee initial evaluation

Feb. 5, 2010

Richard began acting strangely soon after moving back home in late 2009, his parents said. He stayed up for days at a time, went from gregarious to grumpy and back, and scrawled compulsively in notebooks. His father, while trying to add Richard to his health insurance policy, learned that he was taking Vyvanse for A.D.H.D.

Richard explained to him that he had been having trouble concentrating while studying for medical school entrance exams the previous year and that he had seen a doctor and received a diagnosis. His father reacted with surprise. Richard had never shown any A.D.H.D. symptoms his entire life, from nursery school through high school, when he was awarded a full academic scholarship to Greensboro College in North Carolina. Mr. Fee also expressed concerns about the safety of his son’s taking daily amphetamines for a condition he might not have.

“The doctor wouldn’t give me anything that’s bad for me,” Mr. Fee recalled his son saying that day. “I’m not buying it on the street corner.”

This article has been revised to reflect the following correction:

Correction: February 3, 2013

An earlier version of a quote appearing with the home page presentation of this article misspelled the name of a medication. It is Adderall, not Aderall.

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