U.S. federal agency to test RIM's BlackBerry 10

TORONTO (Reuters) - Research In Motion said a U.S. federal agency, which recently outlined plans to move away from BlackBerry in favor of Apple Inc's iPhone, is now set to begin testing RIM's new BlackBerry 10 platform and devices.

The U.S. Immigration and Customs Enforcement agency (ICE), will early next year begin a pilot program on RIM's new line of BlackBerry 10 smartphones and BlackBerry Enterprise Service 10 (BES 10), which allows corporations and government users to run the new devices on their networks, a RIM spokeswoman said late on Wednesday.

The news, which comes just as shares of the embattled company rallied to their highest close in seven months, signals that RIM's BlackBerry 10 platform is gaining some traction ahead of its official launch next month.

RIM, a one-time pioneer in the smartphone industry, has lost market share in recent years to the iPhone and devices powered by Google Inc's market-leading Android operating system, even among the business audience who once used BlackBerry devices exclusively.

Waterloo, Ontario-based RIM is now seeking to persuade both corporations and government users to stick with its smartphones, which have long been valued for their strong security features. It promises that its new line of devices, which will be powered by the BlackBerry 10 operating system, will be both smoother and faster than previous BlackBerry phones.

RIM is betting that these new devices - to be launched on January 30 - will revive its fortunes. But that may well depend to a large extent on the response from enterprise customers, many of whom have recently begun to flee to rival platforms.

ICE is one such example. The agency, in October, announced plans to end a long relationship with RIM, stating that its now aging line-up of BlackBerry devices could "no longer meet the mobile technology needs of the agency.

At the time, ICE outlined intentions to buy iPhones for more than 17,600 employees. It is not immediately clear whether the agency plans to revisit this plan or whether its intends to use RIM's new BES 10 platform to manage both iPhones and BlackBerry devices. A spokeswoman for the agency was not immediately able to comment on the pilot program or the agency's plans.

SHARES SURGE

The news comes soon after yet another rally in RIM shares on Wednesday, after Eric Jackson - a long-time bear on RIM's stock - penned an opinion piece on his now bullish stance on the company.

Jackson, the founder of Ironfire Capital, in his piece, said parallels drawn by some analysts between RIM and its now-defunct rival Palm are flawed, as Palm never had the kind of installed subscriber base that RIM enjoys.

In his article, published on Wednesday on the TheStreet.com, Jackson contends that RIM's new BlackBerry 10 devices have much better odds of success than Palm's Pre device, which failed to capture a following despite positive reviews on the device and its operating system.

Jackson, who was short RIM's stock for an extended period, argues that the positive sentiment building in RIM's stock ahead of the launch of the make-or-break line of devices is unlikely to dissipate in a hurry, as a large portion of RIM's 80 million subscribers are likely to upgrade to BB10 when the new devices are launched. Jackson said he now has a long position in RIM.

Shares in the company rose 5.6 percent to close at $13.31 on the Nasdaq - their highest close since May 1. Its Toronto-listed shares rose 5.8 percent to close at C$13.14.

The stock has more than doubled in price since September 24, when the shares were trading slightly above the $6 level in both New York and Toronto. The wave of optimism around BB10 has in recent weeks been bolstered by a number of analyst upgrades on the stock.

(Editing by Dan Grebler and Muralikumar Anantharaman)

Read More..

Williams testified he wanted to stop bounties

Former New Orleans defensive coordinator Gregg Williams testified that he tried to shut down the team's bounty system when the NFL began investigating but was overruled by interim Saints head coach Joe Vitt, according to transcripts from appeals hearings obtained by The Associated Press.

According to the transcripts, Williams said that then-assistant Vitt responded to a suggestion that the pay-for-pain setup be abandoned with an obscenity-filled speech about how NFL Commissioner Roger Goodell "wasn't going to ... tell us to ... stop doing what won us the Super Bowl. This has been going on in the ... National Football League forever, and it will go on here forever, when they run (me) out of there, it will still go on."

Williams and Vitt were among a number of witnesses whose testimony was heard by former NFL Commissioner Paul Tagliabue, who on Tuesday overturned four player suspensions in the case. Tagliabue was appointed by Goodell to handle the final round of appeals. The AP obtained transcripts of Tagliabue's closed-door hearings through a person with a role in the case.

Vitt was a Saints assistant who was banned for six games for his part in the scandal but now is filling in for head coach Sean Payton, who was suspended for the entire season. Williams was suspended indefinitely by Goodell. Others who testified included former defensive assistant Mike Cerullo, the initial whistleblower and considered a key NFL witness.

Transcripts portray the former coaching colleagues, all part of the Saints' 2010 Super Bowl championship, as bitterly disagreeing with one another and occasionally contradicting how the NFL depicted the bounty system.

Vitt, Williams and Cerullo appeared separately before Tagliabue and were questioned by lawyers for the NFL and lawyers representing the players originally suspended by Goodell: Jonathan Vilma, Will Smith, Scott Fujita and Anthony Hargrove.

Tagliabue's ruling found that "Saints' coaches and managers led a deliberate, unprecedented and effective effort to obstruct the NFL's investigation. ..."

The transcripts, which could be entered as evidence in Vilma's pending defamation case against Goodell, include numerous testy, and sometimes humorous, exchanges between witnesses and attorneys — and between Tagliabue and the attorneys.

Offering to take a lie detector test, Vitt challenged versions given by Williams and Cerullo. Vitt vowed to sue Cerullo and described Williams as "narcissistic." He referred to both as disgruntled former employees who were fired, even though, publicly, the Saints said Williams' departure for St. Louis was by mutual agreement. Vitt depicted Cerullo as incompetent and said he missed work numerous times and offered bizarre, fabricated excuses for his absences.

Vitt was asked whether he oversaw Cerullo's attempts to destroy evidence related to bounties, which the NFL determined the Saints sanctioned from 2009 to 2011, with thousands of dollars offered for hits that injured opponents and knocked them out of games.

"No. The answer is no," Vitt said. "Cerullo is an idiot."

Williams referred to the case as "somewhat of a witch hunt." He said he wants to coach in the NFL again, "took responsibility so that nobody else had to," and that Vilma has "been made a scapegoat."

Williams stood by his earlier sworn statement that Vilma pledged a $10,000 bounty on quarterback Brett Favre in the Saints' game against the Minnesota Vikings for the NFC championship. But Williams also said that the performance pool he ran was aimed at team bonding, not bounties, and that he saw a difference between asking players to hit hard legally, which he said he did, and asking them to purposely injure an opponent, which he said no one in the organization condoned.

"The game is about a mental toughness on top of a physical toughness," Williams testified at one point. "You know, it's not golf."

Williams, however, acknowledged he suggested Favre should be knocked out of the game.

"We want to play tough, hard-nosed football and look to get ready to play against the next guy. ... Brett is a friend of mine, and so that's just part of this business," Williams said. "You know, at no time, you know, are we looking to try to end anybody's career."

Williams described player pledges to the pool as "nominal" and said they rarely kept the money they earned, either putting it back in the pool or offering it as tips to equipment personnel. In the case of the large amounts pledged during the playoffs, Williams described it as "air" or "funny money" or "banter," adding that he never actually saw any cash collected or distributed and had no idea what would have happened to the money if Cerullo collected it.

Cerullo testified that league investigators misrepresented what he told them, and that, during the playoffs following the 2009 regular season, he kept track of large playoff pledges on note pads but didn't collect the money.

Cerullo said hits for cash started with Williams telling the staff that "Sean kind of put him in charge of bringing back a swagger to the defense ... so he wanted to brainstorm with us as coaches what we thought we could do. ... At one point in one of those meetings, Joe Vitt suggested (his previous teams) had a pay-for-play, pay-for-incentive program that the guys kind of bought into and kind of had fun with, and, you know, that was his suggestion. At that point, Gregg also admitted that other places he was at, they had the same type of thing. And at that point, Gregg kind of ran with it."

Cerullo described pregame meetings during the playoffs, when the Saints faced quarterback Kurt Warner of the Arizona Cardinals and then Favre.

He said Vitt told players Warner "should have been retired" and "we're going to end the career tomorrow of Kurt Warner." Cerullo also quoted Vitt as saying of Favre: "That old man should have retired when I was there. Is he retiring, isn't he retiring — that whole (thing) is over, you know, tomorrow. ... We'll end the career tomorrow. We'll force him to retire. ..."

Cerullo testified that, once word came that the NFL was investigating, Williams told him to delete computer files about bounty amounts and that Vitt checked on his progress.

Asked what motivated him to come forward as a whistleblower with an email to the league in November 2011, Cerullo replied: "I was angry for being let go from the Saints."

Later, he testified: "I was angry at Joe Vitt, and I wanted to show that I was fired for lying and I witnessed Joe Vitt lying and he still had a job. So, that was my goal of reaching out to the NFL."

The transcripts also portray Tagliabue's command of the proceedings, including his efforts to rein in the lawyers.

"I'm going to intervene much more significantly, going forward," Tagliabue interjected at one point, "because I am extremely concerned that this is getting to be cumulative, confusing and useless, and I do not preside over proceedings that are cumulative, confusing and useless."

There also were lighter moments, such as when Tagliabue announced: "I thought I was going to get through this proceeding only by drinking coffee. I'm getting to the point where I need a Bloody Mary."

___

Connect with Brett Martel on Twitter at http://twitter.com/brettmartel

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

Read More..

McAfee arrives in U.S. from Guatemala

MIAMI (Reuters) – Computer software pioneer John McAfee, who is wanted for questioning in Belize over the murder of a fellow American, arrived in Miami on Wednesday evening after he was deported by Guatemala, according to fellow passengers on an American Airlines flight.

After landing, McAfee, 67, was escorted from the plane by airport security officers, passengers said. Shortly afterward, he tweeted, “I am in South Beach,” referring to the popular tourist area on Miami Beach.

“Some people felt uncomfortable that he was on our flight. … We all knew the story,” said Maria Claridge, 36, a South Florida photographer who was on the Silicon Valley entrepreneur’s flight to Miami.

McAfee, who was seated in the coach section and had a whole row to himself, was wearing a suit and was “very calm” during the flight, she added.

“He looked very tired, he looked like a man who hadn’t slept in days. I’d say he even looked depressed,” said another passenger, Roberto Gilbert, a Guatemalan who lives in Miami.

McAfee had been held for a week in Guatemala, where he surfaced after evading police in Belize for nearly a month following the killing of American Gregory Faull, his neighbor on the Caribbean island of Ambergris Caye.

Police in Belize want to quiz McAfee as a “person of interest” in Faull’s death, although the technology guru’s lawyers blocked an attempt by Guatemala to send him back there.

Authorities in Belize say he is not a prime suspect in the investigation. McAfee has denied any role in Faull’s killing.

The goateed McAfee has led the world’s media on a game of online hide-and-seek in Belize and Guatemala since he fled after Faull’s death, peppering the Internet with pithy quotes and colorful revelations about his unpredictable life.

“I’m happy to be going home,” McAfee, dressed in a black suit, told reporters shortly before his departure from Guatemala City airport on Wednesday afternoon. “I’ve been running through jungles and rivers and oceans and I think I need to rest for a while. And I’ve been in jail for seven days.”

Guatemala’s immigration authorities had been holding McAfee since he was arrested last Wednesday for illegally entering the country with his 20-year-old Belizean girlfriend.

The eccentric tech pioneer, who made his fortune from the anti-virus software bearing his name, has been chronicling life on the run in a blog, www.whoismcafee.com.

He said he had no immediate plans after reaching Florida.

“I’m just going to hang in Miami for a while. I like Miami,” he told Reuters by telephone just before his plane left. “There is a great sushi place there and I really like sushi.”

BELIZE STILL WAITING

Residents of the Belizean island of Ambergris Caye, where McAfee has lived for about four years, said McAfee and Faull, 52, had quarreled at times, including over McAfee’s unruly dogs.

McAfee says Belize authorities will kill him if he turns himself in for questioning. He has said he was being persecuted by Belize’s ruling party for refusing to pay some $ 2 million in bribes.

Belize’s prime minister has rejected the allegations, calling McAfee paranoid and “bonkers.

Belize police spokesman Raphael Martinez said the country still wanted to question McAfee about the Faull case.

“He will be just under the goodwill of the United States of America. He is still a person of interest, but a U.S. national has been killed and he has been somewhat implicated in that murder. People want him to answer some questions,” he said.

Martinez noted that Belize’s extradition treaty with the United States extended only to suspected criminals, a designation that did not currently apply to McAfee.

“Right now, we don’t have enough information to change his status from person of interest to suspect,” he said.

Residents and neighbors on Ambergris Caye said McAfee was unusual and at times unstable. He was seen to travel with armed bodyguards, sporting a pistol tucked into his belt.

The predicament of McAfee, a former Lockheed systems consultant, is a far cry from his heyday in the late 1980s, when he started McAfee Associates. McAfee has no relationship now with the company, which was sold to Intel Corp.

McAfee was previously charged in Belize with possession of illegal firearms, and police had raided his property on suspicions that he was running a lab to produce illegal synthetic narcotics. He said he had not taken drugs since 1983.

“I took drugs constantly, 24 hours of the day. I took them for years and years. I was the worst drug abuser on the planet,” he told Reuters before his arrest in Guatemala. “Then I finally went to Alcoholics Anonymous, and that was the end of it.”

(Writing by Dave Graham, Michael O’Boyle and David Adams. Reporting by Sofia Menchu and Mike McDonald.; Editing by Peter Cooney)

Celebrity News Headlines – Yahoo! News

Read More..

Congress examines science behind HGH test for NFL

WASHINGTON (AP) — A congressional committee has opened a hearing to examine the science behind a human growth hormone test the NFL wants to start using on its players.

Nearly two full seasons have passed since the league and the players' union signed a labor deal that set the stage for HGH testing.

The NFL Players Association won't concede the validity of a test that's used by Olympic sports and Major League Baseball, and the sides haven't been able to agree on a scientist to help resolve that impasse.

Among the witnesses before the House Oversight and Government Reform Committee on Wednesday is Pro Football Hall of Fame member Dick Butkus. In his prepared statement, Butkus writes: "Now, let's get on with it. The HGH testing process is proven to be reliable."

Read More..

Familiar names line up for Golden Globe noms

BEVERLY HILLS, Calif. (AP) — A familiar lineup of Hollywood awards contenders are expected among Golden Globe nominations, whose prospects include past Oscar winners Daniel Day-Lewis, Helen Mirren, Robert De Niro and Sally Field.

Nominations come out Thursday morning for the 70th Globes ceremony, Hollywood's second-biggest film honors after the Academy Awards.

Among potential contenders are two-time Oscar winners Day-Lewis and Field for Steven Spielberg's Civil War saga "Lincoln," whose Globe possibilities also include past Oscar recipient Tommy Lee Jones.

Two-time Oscar winner De Niro is in the running for the lost-soul romance "Silver Linings Playbook," along with the film's lead performers, Bradley Cooper and Jennifer Lawrence.

The field of contenders is loaded with other Oscar recipients such as Mirren and Anthony Hopkins for "Hitchcock," Philip Seymour Hoffman for "The Master," Helen Hunt for "The Sessions," Marion Cotillard for "Rust and Bone," Russell Crowe for "Les Miserables" and Alan Arkin for "Argo."

One of the year's big action hits, the James Bond adventure "Skyfall," could bring the latest Globe nomination for past Oscar winner Javier Bardem, who elevates his super-villain role into one of the year's most entertaining performances.

Presented by the Hollywood Foreign Press Association, a relatively small group of about 90 reporters covering Hollywood for overseas outlets, the Globes sometimes single out newcomers to Hollywood's awards scene. Hilary Swank's Globe win for 1999's "Boys Don't Cry" helped put her on the map on the way to winning her first Oscar.

The possibilities this time include veteran French performers Emmanuelle Riva and Jean-Louis Trintignant, who star as an elderly couple in "Amour," and first-time actors Quvenzhane Wallis and Dwight Henry for the low-budget critical darling "Beasts of the Southern Wild."

Globe acting winners often go on to receive the same prizes at the Oscars. All four Oscar winners last season — lead performers Meryl Streep of "The Iron Lady" and Jean Dujardin of "The Artist" and supporting players Octavia Spencer of "The Help" and Christopher Plummer of "Beginners" — won Globes first.

The Globes have a spotty record predicting which films might go on to earn the best-picture prize at the Academy Awards, however.

The Globes feature two best-film categories, one for drama and one for musical or comedy. Last year's Oscar best-picture winner, "The Artist," preceded that honor with a Globe win for best musical or comedy.

But in the seven years before that, only one winner in the Globe best-picture categories — 2008's "Slumdog Millionaire" — followed up with an Oscar best-picture win.

Along with 14 film prizes, the Globes hand out awards in 11 television categories.

Jodie Foster, a two-time Oscar and Globe winner for "The Accused" and "The Silence of the Lambs," will receive the group's Cecil B. DeMille Award for lifetime achievement at the Jan. 13 ceremony.

Tina Fey, a two-time Globe TV winner for "30 Rock," and Amy Poehler, a past nominee for "Parks and Recreation," will host the show, which airs live on NBC.

Fey and Poehler follow Ricky Gervais, who was host the last three years and rubbed some Hollywood egos the wrong way with sharp wisecracks about A-list stars and the foreign press association itself.

With stars sharing drinks and dinner, the Globes have a reputation as one of Hollywood's loose and unpredictable awards gatherings. Winners occasionally have been off in the restroom when their names were announced, and there have been moments of onstage spontaneity such as Jack Nicholson mooning the crowd or Ving Rhames handing over his trophy to fellow nominee Jack Lemmon.

___

Online:

http://www.goldenglobes.org

Read More..

Snow-making at ski resorts goes high tech

Mother Nature has been a fickle manager of snowfall lately, sending an avalanche of powder to ski resorts across the country two years ago, followed by the least amount of snowfall in decades last winter.

A scattering of storms has already swept through the West this winter, but it's too early to tell if this season will be a snowy success or another dry disappointment.

But ski resort managers are losing less sleep over erratic weather conditions after making a flurry of investments over the last few years in ultra-efficient, computerized snow-making equipment.

Once powered by diesel air compressors and monitored by workers on snowmobiles, today's snow-making systems rely on computers, fiber-optic cables and low-energy fans that can be controlled by smartphone or programmed to automatically make snow when conditions are prime.

The good news for powder hounds is that the frozen spray generated by modern snow-making equipment is so close to real snow that even veteran skiers can't tell the difference.

"If I'm going down a run, I can't tell you if I just skied on natural or man-made snow," said Bruce Lee, a Redondo Beach resident who has been skiing for 30 years in Vermont, Pennsylvania, Utah, Colorado and California. "I'll bet no one can tell the difference."

Video chat: Tahoe ski resorts get a makeover

Investments in snow making have been especially crucial in California, where snowfall has always been particularly unreliable. The state is home to 29 resorts that generate an estimated $1.3 billion in spending a year.

Last year's ultra-dry season only reinforced the value of artificial snow-making systems. The 2011-12 season marked the lowest national average snowfall in 20 years, forcing half of the nation's resorts to either open late or close early.

The National Resources Defense Council estimates that ski resorts lost $1 billion in revenue because of meager snowfall over the last decade.

Resort operators that had already invested heavily -n snow-making equipment said man-made snow helped them avoid a complete bust.

"For us, the reaction to last year was 'Thank God we've done what we did in the past,'" said Pete Sonntag, general manager at Lake Tahoe's Heavenly ski resort, where 155 snow-making machines can cover 65% of the resort's skiable terrain.

Heavenly's snow-making system — the largest on the West Coast — can be controlled from a desktop computer at a pump house on the mountain or a smartphone carried by Barrett Burghard, the resort's senior manager for snow surfaces.

"I'm not going to lie and say we can make snow as good as Mother Nature," Burghard said as he glanced at a computer screen to check the water levels in the resort's storage tanks. "But it's close."

The best man-made snow, he said, is light and can be pressed into a snowball without oozing water.

He has another, very unscientific method for testing his machine-spewed snow: He tosses it against his arm to see how it bounces off his sleeve. "There's an art to making snow," Burghard said.

In the past, snow-making was a labor-intensive task that involved teams of workers taking temperature and humidity readings throughout the night.

If the conditions were right for snow-making, workers would ride snowmobiles up the mountains to switch on snow guns, which were often powered by diesel air compressors and connected to high-pressure air and water hoses bordering ski runs.

But temperatures at different spots on a mountain can vary by several degrees, making it difficult for resort operators to gauge when and where to activate the snow guns.

Modern snow-making guns use less energy than older systems, relying on a combination of portable compressors and energy-efficient fans.

Read More..

Cardinal George: Doctors 'couldn't find any evidence of cancer'

Medical tests have shown that Chicago's Cardinal Francis George appears to be free of cancer, he said in a wide-ranging interview, though doctors have advised the Roman Catholic archbishop to skip two Christmas Day traditions dear to him.

Because months of treatment have taken a toll on his immune system, George will miss celebrating Mass with inmates at the Cook County Jail and visiting Lurie Children's Hospital to comfort young patients who can't be home on Christmas Day. Instead he will celebrate midnight Mass at Holy Name Cathedral downtown, followed by a quiet day at home with family.

“The first tests they did halfway through were quite successful,” George, 75, said during an interview this week at his residence. He has been undergoing chemotherapy since September, shortly after doctors discovered cancerous cells on his liver and a kidney. He expects to be finished with chemotherapy in early January.

“They were quite surprised. It looked good,” he said. “But then they always say there are always things we can't see. But otherwise, they were very encouraged that they couldn't find any evidence of cancer where they found it before.”

With rosy cheeks and a broad smile, George, who battled bladder cancer six years ago, praised the steroids that doctors had prescribed to reduce inflammation during his treatment, joking that he now understands why athletes succumb to the temptation. But he also expressed disappointment that fatigue has kept him from composing a pastoral letter about the customs he believes bind Catholics together despite polarization in the pews about issues such as gay marriage.

“The important thing is to keep us together as much as we possibly can so that people aren't hurt and that we have a just society,” he said. “And not just a just society but a society that's loving in some fashion. … It's not as if we're falling apart, but the challenges keep shifting.”

`It's poison'

Though he has encountered extreme exhaustion and relied on steroids to help boost his strength, George said he has managed to escape many of the side effects commonly associated with chemotherapy.

“I have some bad days, but most days are pretty good,” he said. “It's poison. They tell you that `we're poisoning you.’ But it's controlled. A lot of people have gone through this. I hear from them.”

By eating a balanced diet of meat, cooked or peeled vegetables, antioxidants and peanut butter (his favorite comfort food), he has followed doctors' orders to put on weight. He also drinks asparagus juice three times a day, served by the Polish nuns who prepare his meals and insist on the gloppy green potion's healing powers.

“It can't harm me,” George said.

He's not sure he can say the same about one letter writer's recommendation to eat live Brazilian bugs -- a suggestion he appreciated but didn't try. He also expressed gratitude for the prayers and letters from the community and cancer patients who have shared stories and encouragement.

“I am truly grateful for people who have prayed for me. I'm really humbled by that,” George said. “People have written to me to share their own stories of chemotherapy. It's a big club. It makes it easier to know that a lot of people are facing difficulties certainly far worse than mine. … When you're in difficulty, people's kindness comes through.”

Though he prays the rosary daily, he said he has prayed it with greater fervor since his diagnosis in August. Every declaration of “Hail Mary,” which ends with “Pray for us sinners now and at the hour of our death,” has taken on new weight, he said. Since recovering from polio as a young boy, George has believed in the intercession of the Virgin Mary in his life.

“I say it with new meaning now, more slowly, with more emotion,” he said. “I have a potentially lethal disease, so that prayer takes on new meaning when I say it. There's a greater depth of feeling along with the prayer, proximity to God and therefore trust -- like a child trusting in his mother.”

“There's a moment in everybody's life that we're going to die,” George said. “That's part of God's providence, too. I'd at least like to prepare for that, so I can finish a few things.”

Life of church `more fragile'

George said he had hoped a lighter public schedule during his treatment would allow him to finish at least one personal project -- a pastoral letter about Catholic customs such as celebrating Mass on Sundays, fasting from meat on Fridays and performing other public devotions. The letter would be based on an ongoing conversation with the Archdiocesan Pastoral Council about struggles parishioners encounter when trying to embody their faith.

“The sense of our way of life as a set of customs is something we should think about because when we disagree about ideas or about rules, the customs keep you together,” he said. “If the customs aren't there any longer, then it becomes a very contentious place, which it often is now.”

The need for the letter has become more urgent in recent years, George said, as debates about gay marriage and contraception have become more heated and society has become more secularized, leading the faithful to make their religious practice a more private affair.

“What does it mean when you're no longer considered the glue that holds society together but rather a source of discord in society?” he said. “We have to rethink a lot of things. It's a different situation for us. But one response is saying this is how Christians live. This is our customary way of life. … I don't know that life is any more problematic or contentious than it has been for the last 50 years … but it certainly does seem the life of the church is more fragile.”

mbrachear@tribune.com

Twitter @TribSeeker

Read More..

Autonomy spurs questions on looming accounting overhaul

NEW YORK (Reuters) - The scandal at Autonomy, a UK software group bought last year by Hewlett-Packard Co, has some accountants wondering about the wisdom of new, global standards in the pipeline that would change how companies account for revenue.

"Revenue recognition" is the most common type of corporate book-cooking. The Autonomy scandal, though still murky, allegedly involves a great deal of overstated revenue, or how much money was coming into the company from customers.

That allegation has been leveled by HP, which said last month it overpaid for Autonomy and accused it of "serious accounting improprieties." Autonomy has rejected such allegations and said HP is looking for "scapegoats."

The dispute comes as accounting standard setters grapple with new standards for recognizing revenue. Some accountants fear these standards, set for completion by mid-2013, could mean a step backward in fighting accounting abuses.

The goal of the new, global approach is ambitious. If completed as planned, the standards would for the first time put companies in the United States and in more than 100 other countries under the same revenue accounting rules. Inconsistency on this is widespread now and often a source of disagreements.

But critics said the new standards would discard decades of detailed U.S. accounting rules in favor of broader, principles-based international norms. That, they said, would be a mistake.

"The U.S. system was replete with details, replete with examples, and replete with precedent," said Tom Selling, author of the Accounting Onion blog.

Throwing away that level of detail would give corporate managers more room to manipulate revenues and profits, he said.

FASB-IASB EFFORT

One of the most far-reaching accounting changes in decades, the new revenue standard is a combined effort of the U.S. Financial Accounting Standards Board (FASB) and the London-based International Accounting Standards Board (IASB).

FASB manages the U.S. play book for accountants, known as the Generally Accepted Accounting Principles, or GAAP. IASB sets International Financial Reporting Standards, or IFRS, which is used in more than 100 countries, but not the United States.

For a decade now, the global accounting profession has been working on merging IFRS and GAAP, but it has been a tortuous process, with U.S. accountants often resisting change.

Some leading accounting groups are losing patience. The London-based Institute of Chartered Accountants in England and Wales (ICAEW) on Tuesday called for an end to the "convergence" project.

The new revenue standards, if implemented as planned, would supplant hundreds of pages of GAAP-style guidance, rules and examples with broader directives.

One concern is that big companies and auditors would be left to interpret the new standards on their own, creating "shadow guidance" with little input from investors, said Sandra Peters, head of financial reporting at the CFA Institute.

"Generally, the policies are very generic," said Peters, whose group represents more than 100,000 financial professionals worldwide. "The issue is, as investors, how will you know what the guidance is if it's not in the standard?"

FASB board member Russell Golden said the board is working out a mechanism to help interpret the standard. There will be enough guidance so it can be applied consistently, he said.

AUDITS A CONCERN

Joseph Carcello, accounting professor at the University of Tennessee, said it could be tougher for auditors to push back against aggressive accounting if there is no clear rule to cite as having been violated.

Finally, legal experts said it could be harder to prosecute wrongdoers under a principles-based system. Showing a GAAP violation is often a starting point for a securities lawsuit.

"Principles-based standards will indeed make liability more difficult to impose and in turn pose greater challenges to plaintiffs, including the Securities and Exchange Commission," said James Cox, a law professor at Duke University.

U.S. revenue accounting was tightened after scandals at software companies during the 1990s technology bubble. Software accounting is often subject to abuse because booking revenue involves a mix of products, maintenance, training and updates.

Autonomy was accused of mixing hardware with higher-margin sales of search software and not properly disclosing the amounts of hardware sales. It was also accused of improperly booking revenue to resellers, or middlemen, with no end users.

Autonomy has defended its accounting and said it complied with IFRS standards, which left room for interpretation.

The heads of FASB and IASB said last week they doubted major changes will be needed to the proposed revenue standards in light of the scandal at Autonomy.

Supporters said the new standards would simplify a hodgepodge of industry-specific U.S. rules with a general maxim saying that revenue should be booked when goods or services are transferred to customers.

The detailed U.S. GAAP rules have drawbacks. Companies intent on hiding their true condition have found ways to comply with the letter of the rules, while still misleading investors, said Bruce Pounder, director of professional programs at SmartPros, a firm that provides education for accountants.

Standard-setters have not set an effective date for the new standards, but they are not expected to take effect before 2016.

(Additional reporting by Sarah Lynch in Washington and Nanette Byrnes in Chapel Hill, N.C.; Editing by Kevin Drawbaugh and Tim Dobbyn)

Read More..

Saints' suspensions tossed out in bounty case

NEW ORLEANS (AP) — Finding fault with nearly everyone tied to the New Orleans Saints' bounty case, from the coaches to Roger Goodell, former NFL Commissioner Paul Tagliabue tossed out the suspensions of four players Tuesday and condemned the team for obstructing the investigation.

In a surprising rejection of his successor's overreaching punishments, Tagliabue wrote that he would "now vacate all discipline to be imposed upon" two current Saints, linebacker Jonathan Vilma and defensive end Will Smith, and two players no longer with the club, Browns linebacker Scott Fujita and free-agent defensive lineman Anthony Hargrove.

Tagliabue essentially absolved Fujita, but did agree with Goodell's finding that the other three players "engaged in conduct detrimental to the integrity of, and public confidence in, the game of professional football."

It was a ruling that allowed both sides to claim victory more than nine months after the league first made "Saints bounties" a household phrase: The NFL pointed to the determination that Goodell's facts were right; the NFL Players Association issued a statement noting that Tagliabue said "previously issued discipline was inappropriate."

Vilma, suspended by Goodell for the entire current season, and Smith, suspended four games, have been playing for the Saints while their appeals were pending. Fujita is on injured reserve; Hargrove is not with a team.

Tagliabue, appointed by Goodell to oversee a second round of player appeals, criticized the Saints as an organization that fostered bad behavior and tried to impede the investigation into what the NFL said was a performance pool designed to knock targeted opponents out of games from 2009 to 2011, with thousands of dollars in payouts.

A "culture" that promoted tough talk and cash incentives for hits to injure opponents — one key example was Vilma's offer of $10,000 to any teammate who knocked Brett Favre out of the NFC championship game at the end of the 2009 season — existed in New Orleans, according to Tagliabue, who also wrote that "Saints' coaches and managers led a deliberate, unprecedented and effective effort to obstruct the NFL's investigation."

The former commissioner did not entirely exonerate the players, however.

He said Vilma and Smith participated in a performance pool that rewarded key plays — including hard tackles — while Hargrove, following coaches' orders, helped to cover up the program when interviewed by NFL investigators in 2010.

"My affirmation of Commissioner Goodell's findings could certainly justify the issuance of fines," the ruling said. "However, this entire case has been contaminated by the coaches and others in the Saints' organization."

Tagliabue said he decided, in this particular case, that it was in the best interest of all parties involved to eliminate player punishment because of the enduring acrimony it has caused between the league and the NFL Players Association. He added that he hoped doing so would allow the NFL and union to move forward collaboratively to the more important matters of enhancing player safety.

"To be clear: this case should not be considered a precedent for whether similar behavior in the future merits player suspensions or fines," his ruling said.

Tagliabue oversaw the second round of player appeals to the league in connection with the cash-for-hits program run by former defensive coordinator Gregg Williams from 2009-2011. The players initially opposed his appointment.

Goodell had given Vilma a full-season suspension, while he gave Smith, Fujita and Hargrove shorter suspensions.

Tagliabue cleared Fujita of conduct detrimental to the league.

The former commissioner found Goodell's actions historically disproportionate to past punishment to players for similar behavior, which had generally been reserved to fines, not suspensions. He also stated that it was very difficult to determine whether the pledges players made were genuine, or simply a motivational ploy, particularly because Saints defenders never demonstrated a pattern of dirty play on the field.

"The relationship of the discipline for the off-field 'talk' and actual on-field conduct must be carefully calibrated and reasonably apportioned. This is a standard grounded in common sense and fairness," Tagliabue wrote in his 22-page opinion. "If one were to punish certain off-field talk in locker rooms, meeting rooms, hotel rooms or elsewhere without applying a rigorous standard that separated real threats or 'bounties' from rhetoric and exaggeration, it would open a field of inquiry that would lead nowhere."

Saints quarterback Drew Brees commented on Twitter: "Congratulations to our players for having the suspensions vacated. Unfortunately, there are some things that can never be taken back."

The Saints opened the season 0-4 and are now 5-8 and virtually out of the playoffs after appearing the postseason the three previous seasons, including the franchise's only Super Bowl title to conclude the 2009 season.

Shortly before the regular season, the initial suspensions were thrown out by an appeals panel created by the NFL's collective bargaining agreement. Goodell then reissued them, with some changes, and now those have been dismissed.

Now, with the player suspensions overturned, the end could be near for a nearly 10-month dispute over how the NFL handled an investigation that covered three seasons and gathered about 50,000 pages of documents.

"We respect Mr. Tagliabue's decision, which underscores the due process afforded players in NFL disciplinary matters," the league said in a statement.

"The decisions have made clear that the Saints operated a bounty program in violation of league rules for three years, that the program endangered player safety, and that the commissioner has the authority under the (NFL's collective bargaining agreement) to impose discipline for those actions as conduct detrimental to the league. Strong action was taken in this matter to protect player safety and ensure that bounties would be eliminated from football."

The players have challenged the NFL's handling of the entire process in federal court, but U.S District Judge Ginger Berrigan had been waiting for the latest round of appeals to play out before deciding whether to get involved. The judge issued an order Tuesday giving the NFLPA and Vilma until Wednesday to notify the court if they found Tagliabue's ruling acceptable.

Vilma also has filed a defamation lawsuit against Goodell, which also is being handled by Berrigan. Vilma's lawyers, Peter Ginsberg and Duke Williams, said by email to The Associated Press that they would "pursue the defamation action vigorously."

NFL investigators found that Vilma and Smith were ringleaders of a cash-for-hits program that rewarded injurious tackles labeled as "cart-offs" and "knockouts." Witnesses including Williams also said Vilma made a $10,000 pledge for anyone who knocked then-Minnesota quarterback Brett Favre out of the 2010 NFC title game. However, Tagliabue found it was not clear if the pledge was genuine or simply a motivational prop.

"There is more than enough evidence to support Commissioner Goodell's findings that Mr. Vilma offered such a bounty" on Favre, Tagliabue wrote. "I cannot, however, uphold a multi-game suspension where there is no evidence that a player's speech prior to a game was actually a factor causing misconduct on the playing field and that such misconduct was severe enough in itself to warrant a player suspension or a very substantial fine."

The NFL also concluded that Hargrove lied to NFL investigators to help cover up the program. The players have from the beginning denied they ever took the field intending to injure opponents, while Hargrove has said he never lied about a bounty program, because there wasn't one.

Goodell suspended Williams indefinitely, while banning Saints head coach Sean Payton for a full season.

Tagliabue's ruling comes after a new round of hearings that for the first time allowed Vilma's attorneys and the NFLPA, which represents the other three players, to cross-examine key NFL witnesses. Those witnesses included Williams and former Saints assistant Mike Cerullo, who was fired after the 2009 season and whose email to the league, accusing the Saints of being "a dirty organization," jump-started the probe.

"We believe that when a fair due process takes place, a fair outcome is the result," the players' union said in a statement. "We are pleased that Paul Tagliabue, as the appointed hearings officer, agreed with the NFL Players Association that previously issued discipline was inappropriate in the matter of the alleged New Orleans Saints bounty program.

"Vacating all discipline affirms the players' unwavering position that all allegations the League made about their alleged 'intent-to-injure' were utterly and completely false."

Smith said he was pleased that Tagliabue vacated his suspension.

"I continue to maintain that I did not participate in a pay-to-injure program or facilitate any such program," he added. "I appreciate that Mr. Tagliabue did not rush to judgment, taking into consideration all facts presented to him, before ruling — something that was clearly not done by Commissioner Goodell in previous hearings."

A statement released by Vilma's lawyers on his behalf said the linebacker is "relieved and gratified that Jonathan no longer needs to worry about facing an unjustified suspension.

"On the other hand, Commissioner Tagliabue's rationalization of Commissioner Goodell's actions does nothing to rectify the harm done by the baseless allegations lodged against Jonathan. Jonathan has a right and every intention to pursue proving what really occurred and we look forward to returning to a public forum where the true facts can see the light of day."

Read More..

Legendary Indian sitarist, composer Ravi Shankar dead at 92

LOS ANGELES (Reuters) – Sitarist and composer Ravi Shankar, who helped introduce the sitar to the Western world through his collaborations with The Beatles, died in Southern California on Tuesday, his family said. He was 92.

Shankar, a three-time Grammy winner with legendary appearances at the 1967 Monterey Festival and at Woodstock, had been in fragile health for several years and last Thursday underwent surgery, his family said in a statement.

“Although it is a time for sorrow and sadness, it is also a time for all of us to give thanks and to be grateful that we were able to have him as a part of our lives,” the family said. “He will live forever in our hearts and in his music.”

In India, Prime Minister Manmohan Singh‘s office posted a Twitter message calling Shankar a “national treasure and global ambassador of India‘s cultural heritage.”

“An era has passed away with … Ravi Shankar. The nation joins me to pay tributes to his unsurpassable genius, his art and his humility,” the Indian premier added.

Shankar had suffered from upper respiratory and heart issues over the past year and underwent heart-valve replacement surgery last week at a hospital in San Diego, south of Los Angeles.

The surgery was successful but he was unable to recover.

“Unfortunately, despite the best efforts of the surgeons and doctors taking care of him, his body was not able to withstand the strain of the surgery. We were at his side when he passed away,” his wife Sukanya and daughter Anoushka said.

Shankar lived in both India and the United States. He is also survived by his daughter, Grammy-winning singer Norah Jones, three grandchildren, and four great-grandchildren.

Shankar performed his last concert with his daughter Anoushka on November 4 in Long Beach, California, the statement said. The night before he underwent surgery, he was nominated for a Grammy for his latest album “The Living Room Sessions, Part 1.”

‘NORWEGIAN WOOD’ TO ‘WEST MEETS EAST’

His family said that memorial plans will be announced at a later date and requested that donations be made to the Ravi Shankar Foundation.

Shankar is credited with popularizing Indian music through his work with violinist Yehudi Menuhin and The Beatles in the late 1960s, inspiring George Harrison to learn the sitar and the British band to record songs like “Norwegian Wood” (1965) and “Within You, Without You” (1967).

His friendship with Harrison led him to appearances at the Monterey and Woodstock pop festivals in the late 1960s, and the 1972 Concert for Bangladesh, becoming one of the first Indian musicians to become a household name in the West.

His influence in classical music, including on composer Philip Glass, was just as large. His work with Menuhin on their “West Meets East” albums in the 1960s and 1970s earned them a Grammy, and he wrote concertos for sitar and orchestra for both the London Symphony Orchestra and the New York Philharmonic.

Shankar served as a member of the upper chamber of the Parliament of India, from 1986 to 1992, after being nominated by then Indian Prime Minister Rajiv Gandhi.

A man of many talents, he also wrote the Oscar-nominated score for 1982 film “Gandhi,” several books, and mounted theatrical productions.

He also built an ashram-style home and music center in India where students could live and learn, and later the Ravi Shankar Center in Delhi in 2001, which hosts an annual music festival.

Yet his first brush with the arts was through dance.

Born Robindra Shankar in 1920 in India‘s holiest city, Varanasi, he spent his first few years in relative poverty before his eldest brother took the family to Paris.

For about eight years, Shankar danced in his brother’s Indian classical and folk dance troupe, which toured the world. But by the late 1930s he had turned his back on show business to learn the sitar and other classical Indian instruments.

Shankar earned multiple honors in his long career, including an Order of the British Empire (OBE) from Britain’s Queen Elizabeth for services to music, the Bharat Ratna, India‘s highest civilian award, and the French Legion d’Honneur.

(Editing by Eric Walsh)

Music News Headlines – Yahoo! News

Read More..