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DealBook: Tribune to Buy 19 TV Stations Amid Groundswell of Consolidation

Written By Unknown on Selasa, 02 Juli 2013 | 12.07

8:36 p.m. | Updated

The Tribune Company, known for its newspapers but moving steadily toward television, accelerated its transformation into a broadcasting company on Monday when it agreed to pay $2.7 billion for 19 local stations from Scranton to Salt Lake City.

The deal nearly doubles the company's television footprint across the country, giving it one of the largest groups of local affiliates in the United States.

It also continues the groundswell of consolidation in local television, as big media companies stockpile stations to reap the lucrative retransmission fees the stations receive, and take advantage of a revived advertising market.

Just last month, the Gannett Company agreed to buy the Belo Corporation, adding 20 stations to the 23 it already owned, and further reducing its dependence on newspapers like USA Today.

"It is a time to gobble or get gobbled," said Steve Ridge, who is a consultant for local stations for Frank N. Magid Associates.

For Tribune, the time had come to move beyond print. Since it emerged from bankruptcy six months ago, the company has been seeking to sell some or all of its newspapers, which include The Chicago Tribune and The Los Angeles Times. At the same time, it signaled its intention to build its broadcast holdings by installing a seasoned television executive, Peter Liguori, as head of the business.

Many observers thought the newspaper sale would be well under way by now, but the bidding has yet to begin. The process has proved more problematic than originally envisioned. "We are looking at all of our strategic options" for the newspapers, Mr. Liguori told investors on Monday, revealing nothing new about the situation.

Tribune, which already owned 23 local stations, bought the 19 stations Monday from Local TV Holdings, a company owned by the investment firm Oak Hill Capital Partners. Tribune will finance the deal with cash on hand — it had $554.4 million in cash and equivalents as of March 31 — and up to $4.1 billion in loans from banks including JPMorgan Chase and Citigroup.

Even though the television business faces tremendous pressure from new Internet business models, local stations are highly attractive because they take in substantial revenue in the form of fees from the cable and satellite companies that carry the stations. Those retransmission fees are growing rapidly. They are expected to total $3 billion industrywide this year and grow to $5 billion by 2016.

The more stations a company owns, the more influence it has when it enters negotiations with distribution and programming partners.

Adding stations also gives companies like Tribune more exposure to political battleground states, where candidates spend enormous amounts of money on advertising every two years.

In addition to Gannett and its acquisition of Belo, another of the biggest station owners in the country, Sinclair, has spent about $2 billion acquiring a series of smaller station owners in the last year and a half. It has said it is looking for more such opportunities.

But Tribune's deal eclipses all the others, and the financing it has received from banks underscores the belief that stations are viewed as a safe bet.

"The new management, postbankruptcy, clearly signaled that they were focusing on the broadcast side of the business," said Alan D. Mutter, a newspaper consultant who writes the blog Reflections of a Newsosaur. "It suggests they want Tribune to unmistakably be a broadcasting company."

But he warned that these profits might not last long. "Local broadcasting is going to be the next big legacy media that undergoes what we like to call a painful paradigm shift," Mr. Mutter said. "I actually question why everybody would be rushing into the local TV business."

He said local stations were currently "a highly profitable business" but added "what happened to newspapers is about to happen to TV."

As one piece of evidence for this, Allbritton, which owns eight local stations, is looking to sell them so it can concentrate on the Web site Politico and other digital media businesses.

Still, Mr. Ridge of Magid predicted that more station groups would buy or sell by the end of the year, and said that 2013 would "go down as the year of transformational consolidation, forever changing the landscape of local market television ownership and operation."

The effects may eventually be visible to viewers in cities large and small across the country. In St. Louis, for instance, Gannett owns the NBC affiliate while Belo owns the CBS affiliate. Once that acquisition closes, Gannett will sidestep regulatory requirements by having an outside company maintain ownership of the CBS affiliate, KMOV, while the two stations share resources.

Already, the Fox affiliate in St. Louis, owned by Local TV, and the CW affiliate, owned by Tribune, share reporters and studios. The acquisition Monday will formalize that relationship.

Critics of these sharing arrangements, like the public interest group Free Press, say they are bad for television consumers.

"The F.C.C. needs to wake up to what's happening on local TV — which is still the No. 1 source for news in America," the group's president, Craig Aaron, said Monday. "Wall Street may be overjoyed at this merger mania, but the rest of us should be very worried about having fewer viewpoints on the air and fewer reporters on the beat." Tribune, for its part, reiterated its commitment to community news.

Speaking to investors, Mr. Liguori said the deal would give Tribune greater reach for its programming and its digital ventures. He also talked up the potential benefits for the company's somewhat obscure and low-rated cable channel WGN America, which is available in about 75 million homes across the country. Tribune hopes that the increased leverage that comes from having more stations will help it earn higher subscriber fees for WGN as well.

Seven of Local TV's 19 stations are affiliates of the Fox network; added to the seven Tribune already owned, it makes the company the biggest holder of Fox affiliates. Tribune will remain the biggest holder of affiliates of the CW network.

Mr. Liguori said the acquisition on Monday would have no bearing on the future of newspapers like The Los Angeles Times, but analysts said it looked more likely that Tribune would try to unload them.

It remains unclear whether the company will sell the papers as a group or individually. Those who have expressed interest in The Los Angeles Times include Eli Broad; David H. and Charles G. Koch; Rupert Murdoch; and Aaron Kushner, the publisher of The Orange County Register. In the past, Warren E. Buffett has said he wants to buy one of Tribune's smaller newspapers, The Morning Call of Allentown, Pa.

Michael de la Merced and David Carr contributed reporting.


12.07 | 0 komentar | Read More

Paying Till It Hurts: American Way of Birth, Costliest in the World

LACONIA, N.H. — Seven months pregnant, at a time when most expectant couples are stockpiling diapers and choosing car seats, Renée Martin was struggling with bigger purchases.

At a prenatal class in March, she was told about epidural anesthesia and was given the option of using a birthing tub during labor. To each offer, she had one gnawing question: "How much is that going to cost?"

Though Ms. Martin, 31, and her husband, Mark Willett, are both professionals with health insurance, her current policy does not cover maternity care. So the couple had to approach the nine months that led to the birth of their daughter in May like an extended shopping trip though the American health care bazaar, sorting through an array of maternity services that most often have no clear price and — with no insurer to haggle on their behalf — trying to negotiate discounts from hospitals and doctors.

When she became pregnant, Ms. Martin called her local hospital inquiring about the price of maternity care; the finance office at first said it did not know, and then gave her a range of $4,000 to $45,000. "It was unreal," Ms. Martin said. "I was like, How could you not know this? You're a hospital."

Midway through her pregnancy, she fought for a deep discount on a $935 bill for an ultrasound, arguing that she had already paid a radiologist $256 to read the scan, which took only 20 minutes of a technician's time using a machine that had been bought years ago. She ended up paying $655. "I feel like I'm in a used-car lot," said Ms. Martin, a former art gallery manager who is starting graduate school in the fall.

Like Ms. Martin, plenty of other pregnant women are getting sticker shock in the United States, where charges for delivery have about tripled since 1996, according to an analysis done for The New York Times by Truven Health Analytics. Childbirth in the United States is uniquely expensive, and maternity and newborn care constitute the single biggest category of hospital payouts for most commercial insurers and state Medicaid programs. The cumulative costs of approximately four million annual births is well over $50 billion.

And though maternity care costs far less in other developed countries than it does in the United States, studies show that their citizens do not have less access to care or to high-tech care during pregnancy than Americans.

"It's not primarily that we get a different bundle of services when we have a baby," said Gerard Anderson, an economist at the Johns Hopkins School of Public Health who studies international health costs. "It's that we pay individually for each service and pay more for the services we receive."

Those payment incentives for providers also mean that American women with normal pregnancies tend to get more of everything, necessary or not, from blood tests to ultrasound scans, said Katy Kozhimannil, a professor at the University of Minnesota School of Public Health who studies the cost of women's health care.

Financially, they suffer the consequences. In 2011, 62 percent of women in the United States covered by private plans that were not obtained through an employer lacked maternity coverage, like Ms. Martin. But even many women with coverage are feeling the pinch as insurers demand higher co-payments and deductibles and exclude many pregnancy-related services.

From 2004 to 2010, the prices that insurers paid for childbirth — one of the most universal medical encounters — rose 49 percent for vaginal births and 41 percent for Caesarean sections in the United States, with average out-of-pocket costs rising fourfold, according to a recent report by Truven that was commissioned by three health care groups. The average total price charged for pregnancy and newborn care was about $30,000 for a vaginal delivery and $50,000 for a C-section, with commercial insurers paying out an average of $18,329 and $27,866, the report found.

Women with insurance pay out of pocket an average of $3,400, according to a survey by Childbirth Connection, one of the groups behind the maternity costs report. Two decades ago, women typically paid nothing other than a small fee if they opted for a private hospital room or television.

Only in America

In most other developed countries, comprehensive maternity care is free or cheap for all, considered vital to ensuring the health of future generations.

Ireland, for example, guarantees free maternity care at public hospitals, though women can opt for private deliveries for a fee. The average price spent on a normal vaginal delivery tops out at about $4,000 in Switzerland, France and the Netherlands, where charges are limited through a combination of regulation and price setting; mothers pay little of that cost.

The chasm in price is true even though new mothers in France and elsewhere often remain in the hospital for nearly a week to heal and learn to breast-feed, while American women tend to be discharged a day or two after birth, since insurers do not pay costs for anything that is not considered medically necessary.

Only in the United States is pregnancy generally billed item by item, a practice that has spiraled in the past decade, doctors say. No item is too small. Charges that 20 years ago were lumped together and covered under the general hospital fee are now broken out, leading to more bills and inflated costs. There are separate fees for the delivery room, the birthing tub and each night in a semiprivate hospital room, typically thousands of dollars. Even removing the placenta can be coded as a separate charge.

Each new test is a new source of revenue, from the hundreds of dollars billed for the simple blood typing required before each delivery to the $20 or so for the splash of gentian violet used as a disinfectant on the umbilical cord (Walgreens' price per bottle: $2.59). Obstetricians, who used to do routine tests like ultrasounds in their office as part of their flat fee, now charge for the service or farm out such testing to radiologists, whose rates are far higher.

Add up the bills, and the total is startling. "We've created incentives that encourage more expensive care, rather than care that is good for the mother," said Maureen Corry, the executive director of Childbirth Connection.

In almost all other developed countries, hospitals and doctors receive a flat fee for the care of an expectant mother, and while there are guidelines, women have a broad array of choices. "There are no bills, and a hospital doesn't get paid for doing specific things," said Charlotte Overgaard, an assistant professor of public health at Aalborg University in Denmark. "If a woman wants acupuncture, an epidural or birth in water, that's what she'll get."

Despite its lavish spending, the United States has one of the highest rates of both infant and maternal death among industrialized nations, although the fact that poor and uninsured women and those whose insurance does not cover childbirth have trouble getting or paying for prenatal care contributes to those figures.

Some social factors drive up the expenses. Mothers are now older than ever before, and therefore more likely to require or request more expensive prenatal testing. And obstetricians face the highest malpractice risks among physicians and pay hundreds of thousands of dollars a year for insurance, fostering a "more is safer" attitude.

But less than 25 percent of America's high payments for pregnancy typically go to obstetricians, and they often charge a flat fee for their nine months of care, no matter how many visits are needed, said Dr. Robert Palmer, the chairman of the committee for health economics and coding at the American College of Obstetricians and Gynecologists. That fee can range from a high of more than $8,000 for a vaginal delivery in Manhattan to under $4,000 in Denver, according to Fair Health, which collects health care data.

Rather it is the piecemeal way Americans pay for this life event that encourages overtreatment and overspending, said Dr. Kozhimannil, the Minnesota professor. Recent studies have found that more than 30 percent of American women have Caesarean sections or have labor induced with drugs — far higher numbers than those of other developed countries and far above rates that the American College of Obstetricians and Gynecologists considers necessary.

During the course of her relatively uneventful pregnancy, Ms. Martin was charged one by one for lab tests, scans and emergency room visits that were not included in the doctor's or the hospital's fee. During her seventh month, she described one week's experience: "I have high glucose, and I tried to take a three-hour test yesterday and threw up all over the lab. So I'm probably going to get charged for that. And my platelets are low, so I'm going to have to see a hematologist. So I'm going to get charged for that."

She sighed and put her head in her hands. "Welcome to my world," she said.

Extras Add Up

Though Ms. Martin has yet to receive her final bills, other couples describe being blindsided by enormous expenses. After discovering that their insurance did not cover pregnancy when the first ultrasound bill was denied last year, Chris Sullivan and his wife, both freelance translators in Pennsylvania, bought a $4,000 pregnancy package from Delaware County Memorial Hospital; a few hospitals around the country are starting to offer such packages to those patients paying themselves.

The couple knew that price did not cover extras like amniocentesis, a test for genetic defects, or an epidural during labor. So when the obstetrician suggested an additional fetal heart scan to check for abnormalities, they were careful to ask about price and got an estimate of $265. Performed by a specialist from the Children's Hospital of Philadelphia, it took 30 minutes and showed no problems — but generated a bill of $2,775.

"All of a sudden I have a bill that's as much as I make in a month, and is more than 10 times what I'd been quoted," Mr. Sullivan said. "I don't know how I could have been a better consumer, I asked for a quote. Then I get this six-part bill." After months of disputing the large discrepancy between the estimate and the bill, the hospital honored the estimate.

Mr. Sullivan noted that the couple ended up paying $750 for an epidural, a procedure that has a list price of about $100 in his wife's native Germany.

Even women with the best insurance can still encounter high prices. After her daughter was born five years ago, Dr. Marguerite Duane, 42, was flabbergasted by the line items on the bills, many for blood tests she said were unnecessary and medicines she never received. She and her husband, Dr. Kenneth Lin, both associate professors of family medicine at Georgetown Medical School, had delivered babies in their early years of practice.

So when she became pregnant again in 2011, she decided to be more assertive about holding down costs. After a routine ultrasound scan at 20 weeks showed a healthy baby, she refused to go back for weekly follow-up scans that the radiologist suggested during the last months of her pregnancy even though medical guidelines do not recommend them. When in the hospital for the delivery of her son Ellis in February, she kept a list of every medicine and every item she received.

Though she delivered Ellis with a midwife 12 minutes after arriving at the hospital and was home the next day, the hospital bill alone was more than $6,000, and her insurance co-payment was about $1,500. Her first two pregnancies, both more than five years ago, were fully covered by federal government insurance because her husband worked for the Agency for Health Care Research and Quality.

"Most insurance companies wouldn't blink at my bill, but it was absurd — it was the least medical delivery in history," said Dr. Duane, who is taking a break from practice to stay home with her children. "There were no meds. I had no anesthesia. He was never in the nursery. I even brought my own heating pad. I tried to get an explanation, but there were items like 'maternity supplies.' What was that? A diaper?"

Ms. Martin is similarly well positioned to be an expert consumer of health care. She administered the health plan for a large art gallery she managed in Los Angeles before marrying and moving to Vermont in 2011 to enroll in a year of pre-med classes at the University of Vermont. She has a scholarship this fall for a master's degree program at Vanderbilt University's Center for Medicine, Health and Society, and then she plans to go on to medical school. Her father-in-law is a pediatrician.

She and her husband, who works for a small music licensing company that does not provide insurance, hoped to start their family during the year they were covered by university insurance in Vermont, she said, but "nature didn't cooperate."

Then they moved to the New Hampshire summer resort of Laconia, her husband's hometown, for a year before she started the grind of medical training. But in New Hampshire, they discovered, health insurance they could buy on the individual market did not cover maternity care without the purchase of an additional "pregnancy rider" for $800 a month. With their limited finances and unsuccessful efforts at conceiving, it seemed an unwise, if not impossible, investment.

Soon after buying insurance coverage without the rider for $450 a month, Ms. Martin discovered she was pregnant. Her elation was quickly undercut by worry.

"We're not poor. We pay our bills. We have medical insurance. We're not looking for a handout," Ms. Martin said, noting that her husband makes too much money for her to qualify for Medicaid or other subsidized programs for low-income women. "The hospital is doing what it can. Our doctors are taking wonderful care of us. But the economics of this system are a mess."

Not knowing whether the pregnancy would fall at the $4,000 or $45,000 end of the range the hospital cited, the couple had a hard time budgeting their finances or imagining their future. The hospital promised a 30 percent discount on its final bill. "I'm trying not to be stressed, but it's really stressful," Ms. Martin said as her due date approached.

Package Deals

With costs spiraling, some hospitals are starting to offer all-inclusive rates for pregnancy. Maricopa Medical Center, a public hospital in Phoenix, began offering uninsured patients a comprehensive package two years ago. "Making women choose during labor whether you want to pay $1,000 for an epidural, that didn't seem right," said Dr. Dean Coonrod, the hospital's chief of obstetrics and gynecology.

The hospital charges $3,850 for a vaginal delivery, with or without an epidural, and $5,600 for a planned C-section — prices that include standard hospital, doctors' and testing fees. To set the price, the hospital — which breaks even on maternity care and whose doctors are on salaries — calculated the average payment it gets from all insurers. While Dr. Coonrod said the hospital might lose a bit of money, he saw other benefits in a market where everyone will have insurance in just a few years: mothers tend to feel allegiance to the place they give birth to their babies and might seek other care at Maricopa in the future.

The Catalyst for Payment Reform, a California policy group, has proposed that all hospitals should offer such bundled prices and that rates should be the same, no matter the type of delivery. It suggests that $8,000 might be a reasonable starting point. But that may be hard to imagine in markets like New York City, where $8,000 is less than many private doctors charge for their fees alone.

One factor that has helped keep costs down in other developed countries is the extensive use of midwives, who perform the bulk of prenatal examinations and even simple deliveries; obstetricians are regarded as specialists who step in only when there is risk or need. Sixty-eight percent of births are attended by a midwife in Britain and 45 percent in the Netherlands, compared with 8 percent in the United States. In Germany, midwives were paid less than $325 for an 11-hour delivery and about $30 for an office visit in 2011.

Dr. Palmer of the American College of Obstetricians and Gynecologists acknowledged the preference for what he called "medicalized" deliveries in the United States, with IVs, anesthesia and a proliferation of costly ultrasounds. He said the organization was working to define standards for the scans.

To control costs in the United States, patients may also have to alter their expectations, including the presence of an obstetrician at every prenatal visit and delivery. "It's amazing how much patients buy into our tendency to do a lot of tests," said Eugene Declercq, a professor at Boston University who studies international variations in pregnancy. "We've met the problem, and it's us."

Starting next year, insurance policies will be required under the Affordable Care Act to include maternity coverage, so no woman should be left paying entirely on her own, like Ms. Martin. But the law is not explicit about what services must be included in that coverage. "Exactly what that means is the crux of the issue," Dr. Kozhimannil said.

If the high costs of maternity care are not reined in, it could break the bank for many states, which bear the brunt of Medicaid payouts. Medicaid, the federal-state government health insurance program for the poor, pays for more than 40 percent of all births nationally, including more than half of those in Louisiana and Texas. But even Medicaid, whose payments are regarded as so low that many doctors refuse to take patients covered under the program, paid an average of $9,131 for vaginal births and $13,590 for Caesarean deliveries in 2011.

Insured women are still getting the recommended prenatal care, despite rising out-of-pocket costs, according to a recent study. But that does not mean they are not feeling the strain, said Dr. Kozhimannil, the study's lead author. The average amount of savings among pregnant women in the study was $3,000 to $5,000. "People will find ways to scrape by for medical care for their new baby, but are young mothers taking care of themselves? And what happens when they need to start buying diapers?" she asked. "Something's got to give."

Ms. Martin, who busied herself making toys as her due date neared, could not stop fretting about the potential cost of a complicated delivery. "I know that a C-section could ruin us financially," she said.

On May 25, she had a healthy daughter, Isla Daisy, born by vaginal delivery. Mother and daughter went home two days later.

She and her husband are both overjoyed and tired. And, she said, they are "dreading" the bills, which she estimates will be over $32,000 before negotiations begin. Her labor was induced, which required intense monitoring, and she also had an epidural.

"We're bracing for it," she said.

This article has been revised to reflect the following correction:

Correction: July 2, 2013

An article on Monday about the high cost of maternity and newborn care in the United States misstated the number of years ago that Dr. Marguerite Duane's daughter was born. It was five years ago, not seven. The article also misidentified which of Dr. Duane's sons was born in February. He is Ellis — not Isaac, who is her older son.


12.07 | 0 komentar | Read More

DealBook: Winklevoss Twins Plan First Fund for Bitcoins

Bitcoin has been promoted as an alternative crypto-currency that exists outside the realms of governments and central banks. Now, two backers of the digital money are seeking to bring bitcoin into the investing mainstream — if they win the approval of the United States government.

Cameron and Tyler Winklevoss, the twins best known for their part in the history of Facebook, filed a proposal with securities regulators on Monday that would allow any investor to trade bitcoins, just as if they were stocks. The plan involves an exchange-traded fund, which usually tracks a basket of stocks or a commodity, but in this case would hold only bitcoins.

It is part of a broader effort to remove the stigma hovering over bitcoin and other online money endeavors, which have faced a barrage of regulatory questions and enforcement actions. Recently the world's largest trading exchange for bitcoins, Mt.Gox, filed with the Treasury Department to register itself as a money services business and comply with money-laundering laws.

The proposal from the twins, who already have sizable bitcoin holdings, is an audacious one: the Winklevoss Bitcoin Trust could send digital money from the realm of computer programmers, Internet entrepreneurs and a small circle of professional investors like themselves into the hands of retail investors — virtually anyone with a brokerage account.

"The trust brings bitcoin to Main Street and mainstream investors to bitcoin," said Tyler Winklevoss, co-founder of Math-Based Asset Services, which would operate the proposed fund. "It eliminates the friction of buying and reduces the risks associated with storing bitcoin while offering similar investment attributes to direct ownership."

Their proposal has the advantage of coming from the desk of Kathleen Moriarty, a lawyer at Katten Muchin, who played a leading role in the creation of the first exchange-traded fund and popular gold- and silver-backed E.T.F.'s.

But it is far from certain that securities regulators will approve. Even if they do, such a fund would face major challenges, including the current bottlenecks that stop bitcoins from being easily bought and sold.

"There are so many ways it could go wrong," said Ugo Egbunike, a senior specialist in exchange-traded funds at the data company Index Universe.

On Monday, several market participants suggested that the proposal was a long shot that was merely an attempt to legitimize the digital currency. But Cameron Winklevoss expressed confidence that regulators would bless the new investment.

"We have assembled a team that has successfully launched novel products before, and we firmly believe in the chances of success for this product," he said.

The filing is the latest eye-catching development in bitcoin's history since it was founded by an anonymous hacker, or hackers, in 2009.

Unlike traditional money, bitcoins exist in no physical form and are not backed by a central bank. Instead, the coins are created by a network of users who solve complex mathematical problems — a method known as "mining" — to generate bitcoins. Only a finite number of bitcoins can be created — 21 million — with the current count at about 11 million. A limited number of stores and Web sites are accepting bitcoin as payment, but for now it is primarily a vehicle for speculators.

"The value of bitcoins is determined by the value that various market participants place on bitcoins through their transactions," the brothers' filing says.

The currency grabbed the attention of global markets in April when the value of a single bitcoin spiked to more than $250 from $110, before plummeting. While there were questions about the survival of the currency, the value of a bitcoin has recently hovered around $100, making the total market worth about $1 billion.

During the April swoon, the Winklevosses went public with their own bitcoin hoard, amounting to about 1 percent of all outstanding coins, or about $10 million.

Bitcoins can currently only be bought and sold on informal computer networks and on online marketplaces that require substantial technological savvy and are far more complicated than traditional exchanges. The inaccessibility, and the limited quantity of bitcoins, appeal to users who are skeptical of governments and central banks. But it has made the system vulnerable at times to hackers and technology flaws.

An exchange-traded fund would make it significantly easier to gain exposure to bitcoins, just as commodities-based funds have made investing in gold, silver and other precious metals more accessible.

The Winklevoss fund would buy one bitcoin for every five shares, making the value of a single share worth about a fifth of a single bitcoin. Regulated trading desks would have to handle the daily buying and selling of the shares. The company operated by the Winklevosses would have a proprietary method for storing the fund's bitcoin holdings and would charge an annual management fee, which is not specified in the filing.

Monday's submission comes at a precarious time for digital money. In May, the operators of another online currency, Liberty Reserve, were indicted on charges that they facilitated billions of dollars of money laundering. Both before and after that, state and federal regulators were scrutinizing many players in the growing bitcoin economy, including the largest place to buy and sell the coins, the Tokyo-based Mt.Gox.

Before Mt.Gox registered with the Treasury Department's Financial Crimes Enforcement Network, some of its accounts in the United States were frozen. The company temporarily stopped its American customers from cashing out while it said it was "making improvements."

Mt.Gox's difficulties highlight the risks that could confront the owner of shares in a bitcoin fund. The securities filing made Monday has 18 pages of "risk factors," noting, among other concerns, the heavy presence of speculators and "an uncertain regulatory landscape."

Mr. Egbunike said regulators may hesitate to approve the proposal because of the questions surrounding bitcoins and recent scrutiny of exchange-traded funds more broadly. While such funds have made the buying and selling of commodities and other complicated financial assets easier for retail investors, they have given these investors access to products that they may not understand. For current bitcoin aficionados, an E.T.F. could diminish the currency's free-spirited appeal.

But even if the Winklevosses' proposal fails, some industry experts said that it marks a significant signpost in the push to give virtual currencies at least a veneer of respectability.

"Digital currencies are not going away," said Carol Van Cleef, the head of law firm Patton Boggs's emerging-payments practice. "And as bitcoin rises in popularity, you're going to see traditional financial products and services being adapted to it."


12.07 | 0 komentar | Read More

Panel to Review Up to 50 Trial Convictions Involving a Discredited Brooklyn Detective

The review panel, which includes some of the most respected members of New York City's legal community and several of Mr. Hynes's closest friends, drew fire from a lawyer who represents several of those convicted.

Robert G. M. Keating, an adjunct law professor at Pace University who is chairman of the mayor's Advisory Committee on the Judiciary, will lead the panel. In his 1990 book about the Howard Beach murder case, Mr. Hynes called Mr. Keating one of his "closest friends," who jogged three miles daily with him.

The group also includes Joseph Bellacosa, a retired member of the New York State Court of Appeals and former dean at St. John's University School of Law. Mr. Hynes and Mr. Bellacosa are godfathers to each other's children, and Mr. Hynes was an usher at the former judge's wedding some 50 years ago, according to the judge's official biography posted on a court Web site.

Another member, Patricia L. Gatling, chairwoman of the New York City Commission on Human Rights, was Mr. Hynes's first assistant district attorney for major narcotics investigations.

"It just seems like politics as usual," said Pierre Sussman, whose client David Ranta was exonerated in March after questions were raised about the work of Louis Scarcella, a former Brooklyn North homicide detective who investigated the case.

Brooklyn prosecutors have asked a judge to dismiss a murder charge against Mr. Ranta, a former printer who served 23 years for the killing of a rabbi shot in a botched robbery. While holding out the possibility that Mr. Ranta participated in the crime, Mr. Hynes's Conviction Integrity Unit acknowledged that Mr. Scarcella's work was riddled with errors.

Mr. Scarcella failed to pursue a lead of another viable suspect, let jailhouse informants out to visit their girlfriends, and is believed to have told witnesses whom to choose in a lineup, the unit's investigation found.

The district attorney opened a review of 40 criminal cases involving 50 defendants after The New York Times found, among other things, that several of the detective's murder cases used the same witness, a crack-addicted prostitute.

Many of Mr. Scarcella's cases dated from Mr. Hynes's predecessor, Elizabeth Holtzman, but his office for many years had fended off inmates' appeals.

Jerry Schmetterer, a spokesman for Mr. Hynes, said prosecutors would present the panel only with cases that appear problematic, along with prosecutors' recommendations. He acknowledged that some critics might question the panelists' ties to Mr. Hynes, but called them "esteemed individuals with the highest integrity."

"The district attorney bears the responsibility of making the final decision on the cases," Mr. Schmetterer said.

Mr. Sussman, who represents several people whose cases are under review, had several objections. First, he said, only those cases selected by prosecutors will be forwarded to the panel. And the panel itself, he said, is too stacked with former prosecutors and should have included more defense and appellate lawyers.

Mr. Bellacosa said his long friendship with Mr. Hynes would not affect his decisions on the panel, and added that as a member of the state's highest court, he spent nearly 15 years reviewing his good friend's work.

"We have through all of the years been very direct with one another. We have been very frank to say, 'You're really off base here,' " Mr. Bellacosa said. "The task is to lend an independent examination as to the process and to give it checks and balances: 'Does this pass the smell test?' "

Other panelists include: Barbara Jones, a former federal judge and prosecutor; Roderick C. Lankler, a former special prosecutor; Susan Herman, an associate professor at Pace University; Steven M. Cohen, a former chief adviser to Gov. Andrew M. Cuomo; Bruce Green, a Fordham law professor; Laura Brevetti, a former federal prosecutor and Patrolman's Benevolent Association lawyer; William C. Thompson Sr., a former appellate judge and father of the mayoral candidate; John Walsh, a retired judge and former police prosecutor; and Telesforo (Ted) Del Valle Jr., a defense lawyer.


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Militants Attack NATO Compound in Kabul

KABUL, Afghanistan — Militants blew up a suicide car bomb at the gate to a NATO compound in Kabul early Tuesday and attacked guards with small-arms fire, killing four guards and two civilians, police said. All four suicide attackers were also killed.

Kabul provincial police chief Mohammad Ayuob Salangi said the powerful car bomb blew up at about 4:30 a.m., leaving a deep crater at the first gate leading into the camp. Two truck drivers who were waiting to enter the area were killed in the blast, he said.

Three other suicide attackers wearing explosive vests then began fighting with guards; all were killed. Salangi said the guards killed were all Nepalese contractors.

The Taliban later claimed it carried out the attack.

Salangi had no further details immediately and said the attack is being investigated.

It happened after the Interior Ministry announced Monday that insurgents had killed nearly 300 Afghan local and national police in one month, illustrating how casualties among local forces are mounting now that NATO-led coalition troops have handed over responsibility for combat operations.

Interior Ministry spokesman Sediq Sediqqi told reporters that 299 police were killed in the last month, and another 618 were wounded. The Defense Ministry said it did not have monthly figures for the number of Afghan soldiers killed.

In the same time span, Sediqqi said 753 militants were killed in joint operations with the military and others, and more than 300 were arrested. Also, 180 civilians were killed.

Sediqqi did not provide comparison figures from previous months, but according to an Associated Press count, the violence this year is similar to its highest levels in nearly 12 years of war.

As Afghan forces have become more involved in security operations, they have seen a sharp rise in deaths, while casualties among the U.S.-led military coalition have fallen as the international forces pull back to let the Afghans take the lead. The NATO coalition in June formally handed over all security operations across the country to Afghan forces.

According to an AP count, 807 Afghan security force members — including soldiers and police — and 365 civilians have been killed so far this year through the end of May. A total of 63 coalition troops were also killed in that span.

Last year through the end of May, Afghan security forces lost 365 soldiers and police, and 338 civilians were killed. Coalition forces lost 177 troops during that time.

Sediqqi said the biggest danger facing the security forces were roadside bombs.

"That's where we have lots of fatalities," he said.

Even as he spoke, a regional police commander and three of his men were killed when their vehicle hit a roadside bomb in the country's north.

Baghlan provincial police spokesman Jaweed Basharat said district commander Habinul Rahman was killed when the bomb exploded next to his vehicle while on patrol Monday morning.

In the western province of Badghis, 12 Taliban militants were killed in two days of fighting at three border security posts, provincial governor's spokesman Mirwas Mirzakwal said. Three policemen were wounded, he said.

___

Associated Press writer Amir Shah contributed to this report.


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Snowden’s Fate Is Up to Russia, Ecuador Says

Written By Unknown on Senin, 01 Juli 2013 | 12.07

PORTOVIEJO, Ecuador — President Rafael Correa said Sunday that while there were weighty arguments for granting asylum to the fugitive American intelligence leaker Edward J. Snowden, it was up to Russia to decide what happens to him.

But with Russian officials maintaining that Mr. Snowden is not their problem, the president's remarks added to a growing sense that Mr. Snowden is stuck in geopolitical limbo in a Moscow airport, where he has apparently been since he flew there from Hong Kong on June 23.

Mr. Snowden, who is wanted in the United States on charges of breaking espionage laws, has applied for asylum in Ecuador, but Mr. Correa said that his government could not begin to consider the request until Mr. Snowden reached Ecuador or one of its embassies. Mr. Snowden's American passport has been revoked; without it, he would appear to be unable either to pass through Russian immigration control or to travel on to another country.

"He's in the international area of the Moscow airport, but basically under the care of the Russian authorities," Mr. Correa said in an interview. "Strictly speaking, the case is not in our hands."

Russian leaders disclaim responsibility as well, noting that the transit zone of Sheremetyevo airport in Moscow, where Mr. Snowden is believed to be cloistered, is legally considered to be outside Russia's borders.

A Russian immigration official, speaking on the condition of anonymity, said that Mr. Snowden had not applied for a visa, which would be needed to leave the transit zone, and that he could remain there indefinitely if he wanted. There have been cases of asylum-seekers living in the transit zone for as long as nine months.

Dmitri S. Peskov, the press secretary to President Vladimir V. Putin of Russia, said in a radio broadcast on Sunday that Mr. Snowden's situation "is not one on the Kremlin's agenda." Mr. Peskov said in a separate interview that Mr. Snowden had not applied for asylum in Russia.

Mr. Correa said his ambassador to Moscow had met with Mr. Snowden on his second day at the airport, and that he had instructed the ambassador to see Mr. Snowden again, to tell him why Ecuador could not yet consider his application.

Mr. Correa provided some new details about how Mr. Snowden's truncated dash for refuge unfolded. He said that the country's foreign minister, Ricardo Patiño, probably discussed the possibility of asylum for Mr. Snowden when he met in London with Julian Assange, the founder of the antisecrecy organization WikiLeaks, several days before Mr. Snowden left Hong Kong.

Mr. Assange has been living in the Ecuadorean Embassy in London for more than a year, after taking refuge there to avoid being extradited to Sweden, where he is wanted for questioning in a sexual assault case. He was not involved in the release of classified documents by Mr. Snowden, but his group has been counseling Mr. Snowden since then.

Mr. Correa said he learned of Mr. Snowden's request on June 23, the day Mr. Snowden flew to Moscow, and that the request was not a surprise, because Mr. Assange had let Ecuadorean officials know that it was likely.

Mr. Correa indicated that the asylum request would get sympathetic consideration if Mr. Snowden was able to get to Ecuador or to an embassy.

"Perhaps he broke the law of the United States, but in order to tell the truth to the United States, the American people and the entire world, and it's a very urgent truth," Mr. Correa said. "I think that this is a weighty argument in deciding whether or not to give him asylum."

On Sunday, Mr. Assange said in an interview on the ABC program "This Week" that more secrets would surface from the material taken by Mr. Snowden.

"Look, there is no stopping the publishing process at this stage," Mr. Assange said, speaking from London. "Great care has been taken to make sure that Mr. Snowden can't be pressured by any state to stop the publication process."

Mr. Assange seemed to suggest that by canceling Mr. Snowden's passport and leaving him "for the moment marooned in Russia," the United States had played into the Russian spy services' hands, giving them the opportunity to examine the hard drives on the four laptop computers that Mr. Snowden is believed to be carrying. "Is that really a great outcome by the State Department?" Mr. Assange said.

As for Mr. Assange's refuge in the Ecuadorean Embassy, Mr. Correa said: "He will always be welcome. If this isn't resolved and he wants to spend 50 years in the embassy, for us there is no problem. He's under the protection of Ecuador."

Ellen Barry contributed reporting from Moscow, and Eric Schmitt from Washington.


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Nineteen Firefighters Killed Battling Arizona Wildfire

Tom Story/The Arizona Republic, via Associated Press

A fire burned through the town of Yarnell, Ariz., on Sunday.

PHOENIX — Nineteen firefighters were killed battling a fast-moving wildfire menacing a small town in central Arizona, the U.S. Wildland Fire Aviation service said on Sunday.

The firefighters perished in the so-called Yarnell Hill Fire, near the small town of Yarnell about 80 miles northwest of Phoenix, the agency said in a Facebook post.

"It has been confirmed that 19 wildland firefighters have lost their lives on the Yarnell Hill fire Arizona," the post said, adding that the agency was asking "for prayers for the families and friends of these brave men and women."

No immediate details on the circumstances of the firefighters' deaths were provided.

The blaze has charred about 1,000 acres of tinder-dry chapparral and grasslands since erupting Friday amid heat wave conditions baking the Southwest, prompting the evacuation of scores of homes near Yarnell.

The Daily Courier Prescott newspaper said the dead were members of the Prescott Fire Department's Granite Mountain Hotshots team. The newspaper put the death toll at 18, citing reports from the fire department.

(Reporting by Tim Gaynor; Editing by Steve Gorman and Stacey Joyce)


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Orioles 4, Yankees 2: Fifth Straight Loss Drops Yankees to Fourth in A.L. East

Patrick Smith/Getty Images

Yankees outfielder Zoilo Almonte watched a first-inning homer by Orioles third baseman Manny Machado on Sunday night.

BALTIMORE — Travis Hafner sent a flare into left field that could have been struck with a pitching wedge. It was not the sort of parabolic blast that had made Hafner one of the American League's most feared hitters in recent years, but it was a base hit, and perhaps that should have been reward enough for a slumping slugger.

Instead, Hafner tried to stretch a single into a double, and as he rounded first base, gravity worked its merciless business on his 240-pound frame. He was out by a mile at second, and on a swampy Sunday night at Camden Yards, the sequence typified everything that had gone wrong for the Yankees through the first half of a trying season.

Their 4-2 loss to the Baltimore Orioles marked the midpoint of what is fast becoming a 162-game slog for the Yankees, whose all-consuming deficiencies with the baseball bat were once again on display. They managed six hits against the surging Orioles, who used solo home runs from Manny Machado, Chris Davis and Nate McLouth to complete a three-game series sweep.

"I know it's important, and I understand that," Manager Joe Girardi said after his team dropped to fourth place in the American League East, just two games ahead of the last-place Toronto Blue Jays. "But this is a game. There are a lot of things that go on in life — struggles that you go through — and you have to figure out how to get through them. I mean, this is like life. Everything is not going to be easy."

The Yankees (42-39), who have lost five in a row and 21 of their last 33, squandered the few opportunities they did have against the Orioles. Hafner's failed double was only one example. In the second, Ichiro Suzuki popped out to leave the bases loaded. In the seventh, after an Orioles fan deflected a foul ball that would have been a sure out, the Yankees put men at first and second with one out. Brett Gardner promptly flied out and Suzuki popped back to the pitcher.

Robinson Cano belted his 17th homer and the Orioles' Chris Tillman walked in an early run, but that was all the offense the Yankees could muster.

"We're trying not to put too much pressure on ourselves," said catcher Chris Stewart, who was hit by a Adam Jones backswing in the bottom of the first and by a Jim Johnson fastball in the top of the ninth. "We just have to go out and do our jobs, and hopefully things will turn around."

When the Yankees arrived at the ballpark Sunday afternoon, a tarp was smothering the infield as dark clouds loomed like overstuffed garbage bags. The weather made for an easy metaphor. The Yankees have struggled in recent weeks, their prospects dimming by the day.

The team is putting up some of its flimsiest numbers in 25 years. Through their first 81 games of the season, the Yankees are scoring 3.8 runs on eight hits per game. They have a .239 batting average and 81 home runs. Their O.P.S., a metric that combines on-base percentage and slugging percentage, is .682, which shaped up as their lowest O.P.S. at a midpoint of a season since 1990, when it was .658.

Even when the Yankees were hobbling their way to a 40-41 record through the first half of 2007, they were producing a respectable 5.3 runs per game along with an O.P.S. of .787. Bolstered by improved pitching, that team caught fire over the second half of the season and won 94 games to make the playoffs. And in 2005, the Yankees were 42-39 through 81 games, with a .275 batting average and a lineup that was scoring 5.4 runs per game. They went on to win their division.

Girardi continues to be a lonely voice of optimism. He said he had seen enough solid at-bats to feel confident that the team would improve. He cited the ninth inning as evidence of the team's effort. The Yankees had two men on before Johnson, the Orioles' hard-throwing closer, escaped from a jam.

"I think these guys are fighting every day," Girardi said. "I really do. When they make outs, they get upset. They get upset with themselves. The passion is there."

Hiroki Kuroda absorbed the loss after allowing seven hits, three of them home runs, in six innings. Davis's blast was his major-league-leading 31st. Kuroda said his slider was not particularly sharp. "They took advantage," he said.

The Yankees have been hindered by age and injury. Sunday's lineup was again absent their big-name stars: Derek Jeter, Mark Teixeira, Curtis Granderson and Alex Rodriguez, all sidelined with various ailments. Their replacements went by the names David Adams, Lyle Overbay, Zoilo Almonte and Jayson Nix.

Even Hafner, a designated hitter and one of the team's top off-season acquisitions, continued to demonstrate serious problems at the plate. Since May 22, he has hit .163 with four home runs. His woes have underscored the team's inability to hit the baseball very far.

For now, Girardi can only hope that his many fill-ins — the Overbays, the Nixes, the Almontes — can elevate their play until the Jeters and the Grandersons return.

"You know what you have, and you have to deal with it," Girardi said. "That's the bottom line. We've been dealing with it all year."


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19 Firefighters Are Killed Battling Arizona Wildfire

Tom Story/The Arizona Republic, via Associated Press

A fire burned through the town of Yarnell, Ariz., on Sunday.

PHOENIX — Nineteen firefighters were killed on Sunday battling a fast-moving wildfire menacing a small town in central Arizona.

The firefighters died fighting the Yarnell Hill Fire near the town of Yarnell, about 80 miles northwest of Phoenix. Steve Skurja, a spokesman for the Yavapai County Sheriff's Office, said there were "several fires still active" in the Yarnell area. In a search of the scene, Mr. Skurja said, crews found the bodies of the firefighters.

They were members of the Granite Mountain Hotshots, a specialist team of wildfire fighters based in Prescott, Ariz., said Mike Reichling, a spokesman for the Tempe Fire Department. He declined to identify the men until their families had been notified. 

"The entire hot shot crew had been killed by the fire," Fire Chief Dan Fraijo of Prescott told The Associated Press. The firefighters had to deploy their emergency shelters when "something drastic happened," he said.

The crew killed in the blaze had worked other wildfires in recent weeks in New Mexico and Arizona. The unit was established in 2002.

In a Facebook post, the United States Wildland Fire Aviation Service asked "for prayers for the families and friends of these brave men and women."

Until Sunday, Arizona had 21 wildfire fatalities since 1955, according to the National Interagency Fire Center.

"It started on Friday with a lightning strike, and it's grown," Mr. Reichling said, citing weather conditions on Sunday. The fire is "well over 2,000 acres," he said, and had "brought down half of the town of Yarnell. It has decimated that town."

The town had been evacuated previously, he said. A reverse 911 call was sent, and sheriff's deputies alerted residents. 

More than 200 firefighters were on the scene Sunday night, "minus the 19 we have lost," Mr. Reichling said. The authorities planned to double that number by Monday, he said. Helicopters and a DC-10 jet, dropping slurry, were also aiding the effort. 

When asked how under control the fire was, Mr. Reichling replied: "Not very. Right now we have zero containment."

Mr. Skurja said officials had decided to allow many homes in the area to burn, because the crews were having such a hard time; The Arizona Republic reported that about half the town's 500 homes were expected to be destroyed.

About 14 Yarnell-area residents had arrived Sunday afternoon at a shelter at Yavapai College near Prescott, Brian Gomez, spokesman for the Red Cross Grand Canyon Chapter, told The Republic. He said the power went out because of monsoons but was restored.

More people were expected to need shelter as officials ordered further evacuations, Mr. Gomez said, and the Red Cross was ready to open a shelter at Wickenburg High School.

Ravi Somaiya contributed reporting from New York.


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Gay Married Man in Florida Is Approved for Green Card

The DOMA Project

Traian Popov, left, with Julian Marsh, has been approved for a permanent resident visa.

The notice of approval of a permanent visa, known as a green card, was issued by e-mail late Friday to Traian Popov, a Bulgarian immigrant who lives with his American spouse, Julian Marsh, in Fort Lauderdale, Fla. The approval was evidence that the Obama administration was acting swiftly to change its visa policies in the wake of the court's decision on Wednesday invalidating the Defense of Marriage Act, or DOMA.

The approval came so fast that it took the couple's immigration lawyer, Lavi Soloway, by surprise. Mr. Soloway, who represents many same-sex couples, said he received the official message while he was attending the annual conference in San Francisco of the American Immigration Lawyers Association.

"I thought, 'Am I reading this wrong?' " Mr. Soloway said in an interview on Saturday. Although it was a professional setting, he said, he began to weep with emotion when he realized the significance of the notice.

The Supreme Court's decision has had a significant impact in cases involving United States citizens who are seeking green cards for foreign spouses of the same sex. DOMA, which defined marriage as a union between a man and a woman, had prohibited the federal government from recognizing same-sex marriages as the grounds for any visa.

Speaking by telephone on Sunday from the couple's home, Mr. Marsh said that he turned 55 on Friday and that he and Mr. Popov were celebrating with dinner at a Red Lobster restaurant when they received news of the unprecedented green card.

"It was just kind of a shock, like winning the lottery," said Mr. Marsh, a music producer. "The amazing overwhelming fact is that the government said yes, and my husband and I can live in the country we chose and we love and want to stay in."

Mr. Popov, 41, said he had been living legally in the United States for 15 years with a series of student visas. He has completed three master's degrees, he said, and is working on a doctorate in social science at Nova Southeastern University in Florida. The couple married in New York last year, and they applied for a green card in February.

Immigration officials said the visa agency, United States Immigration and Citizenship Services, would announce new procedures early this week for same-sex binational couples seeking green cards. The first approval was also supposed to be issued this week, officials acknowledged, but eager officers at the agency pressed the button on the notice on Friday.

For the last two years, the agency has kept a list of same-sex couples whose green card petitions were denied, the officials said, anticipating that the Supreme Court would eventually weigh in on DOMA. Those denials will now be reversed without couples having to present new applications, if no other issues have arisen. Gay couples with no denials, like Mr. Marsh and Mr. Popov, will move through the system at the same pace as traditional spouses, officials said.

Mr. Popov said he would work to quickly finish his doctorate since he will now be able to seek a job legally. He and Mr. Marsh said they also planned to become same-sex marriage activists in Florida, a state that does not recognize such unions. "We are first-class citizens in New York and in the eyes of the federal government, but second-class citizens in Florida," Mr. Marsh said. "We won't stand for that."


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