News Analysis: St. Jude Medical Suffers for Redacting a Product Name

Peter Muhly for The New York Times

Dr. Ernest Lau holds a Durata lead from a St. Jude Medical Fortify ICD, an implanted heart defibrillator.

IS covering a product’s name in a public document a sign that a company has something to hide? And how should doctors, patients and investors react if the product at issue is one on which peoples’ lives and a company’s fortunes depend?

Such questions now loom over St. Jude Medical after the disclosure last week that its executives had blacked out the name of a heart device component when they released a critical federal report involving the product. The value of St. Jude has since plummeted more than $1 billion, or 12 percent. But the company’s actions may have a more lasting impact on its reputation and the health of patients, some experts say.

Last week’s incident was the latest development in a controversy involving the component, an electrical wire that connects an implanted defibrillator to a patient’s heart. St. Jude officials say the wire, which is known as the Durata, is safe. But uncertainty about the company’s statements is growing, underscored by its handling of the report, which involved a Food and Drug Administration inspection of a plant that makes the Durata.

St. Jude released that report in October as part of a filing with the Securities and Exchange Commission. The F.D.A. provides device makers with the reports in an unaltered form, and they may contain criticisms of a company’s procedures.

But the version of the report that St. Jude filed with the S.E.C. left some doctors and analysts uncertain about which company product or products were at issue for a simple reason — St. Jude had redacted, or blocked out, all 20 references to the Durata in it.

Company executives said they had done so based on their “good faith” interpretation of how the F.D.A. would act if it publicly released the report under the Freedom of Information Act. But both an F.D.A spokeswoman and a lawyer who specializes in medical devices took exception with that view, saying that names of approved products typically do not qualify as the type of confidential business information that the F.D.A. would redact.

Among other things, F.D.A. inspectors found significant flaws in the company’s testing and oversight of the Durata. It was those revelations and the implications that the problems could lead to further F.D.A. action against St. Jude that led to the sharp fall last week in its stock price.

In 2005, Guidant, a device maker that no longer exists, also found itself under scrutiny. Back then, its executives decided not to tell doctors that one of its defibrillators could short-circuit when a patient needed an electrical jolt to save a life. The expert who brought the Guidant problem to light, Dr. Robert Hauser, a heart specialist in Minnesota, has also raised concerns about the St. Jude wires, adding that he believes that its executives have been less than forthright.

“Patients and physicians would appreciate more information,” Dr. Hauser said.

In an earlier interview, St. Jude’s chief executive, Daniel J. Starks, said the company had hidden nothing about the Durata or another heart wire named the Riata, which it stopped selling in 2010.

“We’ve been more transparent than others,” said Mr. Starks, referring to company competitors like Medtronic.

Still, some Wall Street analysts share Dr. Hauser’s view. And if one St. Jude executive can claim credit for shaping their opinion, it would be Mr. Starks.

Earlier this year, he sought, among other things, to have a medical journal retract an article written by Dr. Hauser that was critical of the Riata. The publication refused.

Now, after St. Jude’s latest misfire, Wall Street analysts, who usually agree more than disagree, are placing wildly differing bets on St. Jude, with some valuing it at $48 a share and others at $30. On Monday, St. Jude closed at $31.86 on the New York Stock Exchange.

One of those bearish analysts, Matthew Dodds of Citigroup, said he thought the Food and Drug Administration might act soon on Durata. “I believe that a lot of their actions have made the situation worse, ” he said of the company’s executives.

A St. Jude spokeswoman, Amy Jo Meyer, reiterated the company’s stance that it had interpreted agency rules in “good faith” when releasing the redacted report about the Durata. An F.D.A. spokeswoman, Mary Long, said the agency did not consider the names of approved products to be confidential. And a lawyer, William Vodra, said that while device makers try to make a confidentiality argument for product data they consider embarrassing, like injury reports, they rarely succeed.

“In my experience, the F.D.A. consistently rejects” such arguments, Mr. Vodra wrote in an e-mail.

For patients, the dilemma may become more excruciating. The company’s earlier heart wire, the Riata, has begun failing prematurely in some of the 128,000 patients worldwide who received it. And those patients and their doctors face a difficult decision: whether to leave it in place or have it surgically removed, a procedure that carries significant risks.

St. Jude executives say that the Durata, which uses a different type of insulation than the Riata, is not prone to such problems.

And with the Durata already implanted in 278,000 people, many heart specialists certainly hope they are right.

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Sex, love, surrogacy and 'Sessions'

BERKELEY, Calif. — Cheryl Cohen Greene likes to spend weekends close to home with her husband, Bob, a former postal worker. Often, they go hiking in the Berkeley Hills that surround their neighborhood, or watch movies in the living room of their modest duplex.

At 68, Greene is trim for her age and says she'd lose 10 pounds if she didn't love food so much. She's a devoted grandmother who frequently visits with her two children and grandchildren.

No one would guess that more than 900 people have paid to have sex with her.

Greene has worked as a surrogate partner therapist for 40 years. During one-on-one sessions at her home, which doubles as an office, she uses sensual touch to guide those who struggle with sex and intimacy issues. She almost always removes her clothes. And — yes — she sleeps with her patients. In the bed, by the way, that she shares with her spouse.

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"For a long time, I didn't bring it up at cocktail parties," says Greene, who keeps hand-carved wooden statues of genitalia in the nooks and crannies of her home. A close look at her bookshelves reveals "The Guide to Getting It On" and hundreds of other sex-related titles, along with "Calorie Counting" and "The Big Book of Jewish Humor." A big Tupperware container labeled "Cheryl's Vitamins" rests on a coffee table.

"If people have an attitude about my job," she says, "I just feel sorry for them for not understanding that there's a difference between me and a prostitute."

Greene's career choice is getting newfound attention from "The Sessions," a movie based on the true story of Mark O'Brien, a journalist and poet paralyzed from the neck down. Greene, played in the film by Helen Hunt, was hired by the late O'Brien when he wanted to lose his virginity at age 38.

Not all of the attention is positive. Although some in the country's small community of sex surrogates are hopeful that "The Sessions" might inspire more people to join the profession, others say the movie does not accurately depict the career path and its therapeutic worth.

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"I would never get naked in my first session with someone like Cheryl's character does in the movie," says Shai Rotem, a 43-year-old male surrogate, who began his career in his native Israel and now practices in Los Angeles. "We have to get to know one another first and develop a safe rapport."

Greene is one of fewer than 40 practicing partner therapists in the U.S. certified by the International Professional Surrogates Assn., a governing body for the industry.

Two decades ago, there were hundreds of surrogates working in the U.S. after sex researchers William Masters and Virginia Johnson popularized the idea in their 1970 book "Human Sexual Inadequacy." With the rise of AIDS in the mid-1980s, many spouses of surrogates insisted their partners quit the profession.

"There's no law against it because the intent is not to exchange sex for money," says IPSA president Vena Blanchard. "These clients are paying tons of money to sit and talk and do breathing exercises and learn about their body. So much of the work has nothing to do with intercourse or arousal."

Greene, who speaks with a thick Boston accent, was born in Salem, Mass., grew up Catholic and converted to Judaism after marrying her first husband, Michael Cohen. She and Cohen had an open marriage, which in the 1970s wasn't unusual among their Bay Area peers. She also worked as a nude art model and walked around her home naked, even with her children in the room.

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She first considered becoming a surrogate after a friend handed her a copy of the pseudonymous "Surrogate Wife: The Story of a Masters & Johnson Sexual Therapist and the Nine Cases She Treated." The friend told her, "I think you would be good at this work."

She learned to practice conjoint therapy — where two or more people work through issues together — from two therapists who trained with Masters and Johnson. Soon, she began answering calls for the San Francisco Sex Information hotline, and discovered how much she liked helping people with their sex-related questions.

"I wasn't even thinking about the fact that I'd be sleeping with strangers," she says of her decision to become a surrogate. "I just liked the idea of guiding people to be more relaxed about their sexuality."

Greene sits in her bedroom as she talks, and through the window's plantation shutters, her son's home is visible. He and his family live behind Greene's residence.

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Alt Text: How to Tell Real SEALs From Basement-Dwelling Posers

The White House recently congratulated the makers of Troop ID, a service designed to help online merchants securely identify members of the armed forces. This was a significant recommendation, the first software application to be publicly praised by the president since he canceled a 2009 press conference in order to play Doodle Jump.

While I’m happy that troops will be able to claim their 10 percent discount on water bottles and mock turtlenecks, I’m a bit disappointed that the service is apparently only being used in a retail context. After the whole Stolen Valor saga, you’d think there’d be a huge demand for a secure way to vet self-described vets.

Here’s a statistic: While there are only 2,500 active-duty Navy SEALs at any given time, there are approximately 4 million people claiming to be current or former Navy SEALs in various chat rooms and message boards on the internet. This is because any argument is 200 percent more convincing when presented by a Navy SEAL.

A couple of examples:

Unconvincing: “As a mall food court assistant supervisor, I believe that our mission in Afghanistan is necessary to the stability of the Middle East.”
Convincing: “As a Navy SEAL, I believe that our mission in Afghanistan is necessary to the stability of the Middle East.”

Unconvincing: “As a teaching assistant in comparative literature, I believe that The Silmarillion is vastly overrated by Tolkien fans.”
Convincing: “As a Navy SEAL, I believe that The Silmarillion is vastly overrated by Tolkien fans.”

With results like that, it’s no wonder that people are attempting to fraudulently win arguments by pretending to be members of elite military squads like the SEALs, the Green Berets, the Army Rangers and occasionally G.I. Joe. It seems to me that Troop ID could be used to distinguish the Special Forces from the basement-dwelling posers.

Once we have that technology in place, we could easily expand it to ferret out other internet pretenders. For instance, before you claim that you’re going to show up at someone’s house and beat them up, or argue that you’d have a mugger in a headlock before he could say “hand over the cash,” you’d be expected to use the ToughGuy ID service to certify that you have actually, at some point, won a fight that wasn’t against a sibling at least four years younger than you.

Our founding fathers created the First Amendment protections on free speech for a good reason: because it’s freaking hilarious.

Or before you can declare that the solution to the “fiscal cliff” crisis is obvious to anyone who knows anything about economics, you’d be expected to provide proof to Expert ID that your main credentials in economics aren’t limited to having seen both Atlas Shrugged movies.

I say “expected to” because I’m not saying that you would have to sign up for these services. Goodness no, my ludicrous and improbable fantasies aren’t that tyrannical. I believe that our founding fathers created the First Amendment protections on free speech for a good reason: because it’s freaking hilarious. There’s nothing more fun than watching someone weave ever-more-desperate lies to cover up their unwillingness to either put, or shut, up.

However, I do think there’s one vital concern that overrides the right to free speech: Before commenting on a humor column on the web, everyone should be required to take a simple test that would confirm that they have the basic human ability to recognize sarcasm and hyperbole.

- - -

Born helpless, naked and unable to provide for himself, Lore Sjöberg overcame these handicaps to become a commando, a commandant and a cormorant.

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Rolling Stones turn back clock with hit-filled comeback

LONDON (Reuters) – The Rolling Stones turned back the clock in style on Sunday with their first concert in five years, strutting and swaggering their way through hit after familiar hit to celebrate 50 years in business.

Before a packed crowd of 20,000 at London‘s O2 Arena, they banished doubts that age may have slowed down one of the world’s greatest rock and roll bands, as lead singer Mick Jagger launched into “I Wanna Be Your Man”.

More than two hours of high-octane, blues-infused rock later, and they were still going strong with an impressive encore comprising “You Can’t Always Get What You Want” and “Jumpin’ Jack Flash”.

In between there were guest appearances from American R&B singer-songwriter Mary J. Blige, who delivered a rousing duet with Jagger on “Gimme Shelter” and guitarist Jeff Beck who provided the power chords for “I’m Going Down”.

Former Rolling Stones Bill Wyman and Mick Taylor were also back in the fold, performing with the regular quartet of Jagger, Ronnie Wood and Keith Richards on guitar and Charlie Watts on drums for the first time in 20 years.

“It took us 50 years to get from Dartford to Greenwich!” said Jagger, referring to their roots just a few miles from the venue in southeast London. “But you know, we made it. What’s even more amazing is that you’re still coming to see us…we can’t thank you enough.”

The Sunday night gig was the first of two at the O2 Arena before the band crosses the Atlantic to play three dates in the United States.

The mini-tour is the culmination of a busy few months of events, rehearsals and recordings to mark 50 years since the rockers first took to the stage at the Marquee Club on London‘s Oxford Street in July, 1962.

There has been a photo album, two new songs, a music video, a documentary film, a blitz of media appearances and a handful of warm-up gigs in Paris.

“STYLE AND PANACHE”

The reunion nearly did not happen. One factor behind the long break since their record-breaking “A Bigger Bang” tour in 2007 has been Wood’s struggle with alcohol addiction, while Jagger and Richards also fell out over comments the guitarist made about the singer in a 2010 autobiography.

But they eventually buried the hatchet, and Richards joked in a recent interview: “We can’t get divorced – we’re doing it for the kids!”

Critics were fulsome in their praise of the first comeback gig.

“Keith Richards has said that the beauty of rock and roll is that every night a different band might be the world’s greatest. Well, last night at the O2 Arena, it was the turn of the Rolling Stones themselves to lay claim to the title they invented,” wrote Neil McCormick of the Daily Telegraph.

“And they did it with some style and panache.”

The big question on every fan’s lips is whether the five concerts lead to a world tour and even new material. The Stones sang their two new tracks “Doom and Gloom” and “One More Shot”, which appeared on their latest greatest hits album “GRRR!”.

Richards has hinted that the five concerts ending at the Newark Prudential Center in the United States on December 15 would not be the last.

“Once the juggernaut starts rolling, it ain’t gonna stop,” he told Rolling Stone magazine. “So without sort of saying definitely yes – yeah. We ain’t doing all this for four gigs!”

The band has come in for criticism from fans about the high price of tickets to the shows – they ranged from around 95 pounds ($ 150) to up to 950 pounds for a VIP seat.

The flamboyant veterans, whose average age is 68, have defended the costs, saying the shows were expensive to put on, although specialist music publication Billboard reported the band would earn $ 25 million from the four shows initially announced. A fifth was added later.

“Everybody all right there in the cheap seats,” Jagger asked pointedly as he looked high to his left at the arena. “They’re not really cheap though are they? That’s the trouble.”

Among the biggest cheers on the night were for classics including “Wild Horses”, “It’s Only Rock and Roll” and “Start Me Up”.

There was even time for the odd reference to their advancing years.

“Good to see you all,” said Richards with a mischievous grin. “Good to see anybody.”

(Reporting by Mike Collett-White, editing by Paul Casciato)

Music News Headlines – Yahoo! News

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Agency Investigates Deaths and Injuries Associated With Bed Rails

Thomas Patterson for The New York Times

Gloria Black’s mother died in her bed at a care facility.

In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.

Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.

But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.

After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.

Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.

Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.

Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.

More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?

“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.

Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.

Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.

While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.

Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.

As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.

But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.

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DealBook: New Breed of SAC Capital Hire Is at Center of Insider Trading Case

When Mathew Martoma walked onto the trading floor at SAC Capital Advisors six years ago, he represented a new breed of employee at the giant hedge fund.

Steven A. Cohen, SAC’s billionaire founder, had burnished his reputation as a market wizard by surrounding himself with hard-charging traders — many of them former college jocks and frat boys who thrived in the fund’s competitive, testosterone-fueled environment.

But the brainy and unassuming Mr. Martoma, armed with a Stanford business degree and an expertise in biomedicine, was part of a wave of SAC hires in a crack new research unit. They were just as driven but had more distinguished pedigrees, hailing from top investment banks and elite schools. They were drawn to the firm, in part, by the lavish annual bonuses Mr. Cohen bestowed upon his top performers, sometimes reaching into the tens of millions of dollars.

When Mr. Martoma walks into Federal District Court in Manhattan on Monday morning, he will represent something else: the latest in a growing list of former SAC employees who find themselves accused of breaking the law.

The case against Mr. Martoma, made in a criminal complaint filed by the government last week, represents a watershed moment in its multiyear investigation of insider trading at SAC. For the first time, prosecutors have linked Mr. Cohen to trading activity that the government contends was illegal.

Mr. Martoma has rebuffed efforts by federal authorities to persuade him to plead guilty and cooperate, said a person briefed on the investigation who was not authorized to discuss the case. But if he were to “flip,” Mr. Martoma could help the government with its investigation of Mr. Cohen.

The government has placed Mr. Martoma, 38, at the center of what it calls the most lucrative insider-trading scheme it has ever uncovered. Mr. Martoma is charged with corrupting a doctor who had access to secret drug data, then using that information to gain profits and avert losses totaling $276 million. Mr. Martoma closely collaborated with Mr. Cohen on the questionable trades, prosecutors contend. Mr. Cohen, 56, of Greenwich, Conn., has not been charged, and there is no allegation that he knew the information was confidential. Through a spokesman, Mr. Cohen said that he had at all times acted appropriately.

Charles A. Stillman, a lawyer for Mr. Martoma, who will appear before a federal magistrate judge Monday, said he expected his client to be exonerated.

But with Mr. Martoma’s arrest last week, the clouds over SAC, which is based in Stamford, Conn., and Mr. Cohen have darkened. The government has now implicated five former SAC employees in its sweeping investigation into insider trading; three have admitted their crimes. Three other SAC alumni have also been charged with illegal trading after they left the firm; two have pleaded guilty.

Former employees of Mr. Cohen, all of whom spoke on the condition of anonymity, said that the case against Mr. Martoma highlighted SAC’s high-stress, pressure-packed culture. They described a ruthless place where those who helped Mr. Cohen make money would earn fortunes, while laggards could be fired abruptly, even for a single wrong-way trade.

Though SAC, with about 1,000 employees, manages about $14 billion in assets and has pushed into more esoteric investment strategies, at its core the firm buys and sells stocks. Mr. Cohen and his staff are known for relentlessly digging for information about publicly traded companies to form a “mosaic,” building a complete picture of the company’s prospects that gives the firm an edge over other investors.

SAC hired Mr. Martoma to help Mr. Cohen gain that edge. The son of Indian immigrants, Mr. Martoma was born Ajai Mathew Mariamdani Thomas, but changed his name in 2003, according to legal records. Raised in Merritt Island, Fla., outside Cape Canaveral, Mr. Martoma graduated summa cum laude from Duke University in 1995, where he studied biomedicine, ethics and public policy. After college, Mr. Martoma worked in Washington at the National Human Genome Research Institute.

He spent a year and a half at Harvard Law School, then dropped out to earn a business degree at Stanford University. He blended his passion for medicine and a desire to work on Wall Street by pursuing a career as a stock analyst covering health care companies. After a stint at a smaller hedge fund, Sirios Capital Management in Boston, Mr. Martoma joined SAC.

He became part of a new unit, CR Intrinsic, which was set up as a research engine of SAC. CR Intrinsic (the CR stands for Cumulative Return) was led by Matthew Grossman, an ambitious young analyst who became Mr. Cohen’s right-hand man. Mr. Grossman had worked at Tiger Management, the hedge fund known for its rigorous research and longer-term investment horizon.

With a deep network of contacts in the pharmaceutical and biotech fields, Mr. Martoma made a mark at CR Intrinsic. The volatile health care stocks in which Mr. Martoma specialized had long been favorites of Mr. Cohen’s, offering the potential for big returns through betting on the outcome of events like clinical trials for promising drugs.

To bolster his knowledge, Mr. Martoma tapped into expert-network firms, which employ consultants who match money managers with industry specialists, including public company employees.

For an information-driven hedge fund like SAC, the temptation to exploit the expert-network relationship was immense, two former employees said.

Two of the former SAC employees who have admitted to insider trading said they used expert-network firms to obtain secret information about public companies. And of the roughly 70 insider trading cases that federal prosecutors in Manhattan have brought in the last three years, more than a dozen have involved expert networks.

Mr. Martoma’s case began in 2006, when the expert-network firm Gerson Lehrman Group connected him to Sidney Gilman, a neurology professor at the University of Michigan and a specialist in Alzheimer’s disease. Dr. Gilman, who moonlighted as a consultant for Gerson Lehrman, helped oversee clinical trials for bapineuzumab, or bapi, a new Alzheimer’s drug being jointly developed by Elan and Wyeth.

He also brazenly leaked to Mr. Martoma secret data about the trials throughout 2008, according to the government, violating his duty to the drug companies and breaching his agreement with Gerson Lehrman not to divulge confidential information to money managers. Dr. Gilman earned $108,000 from his work for SAC, the government said.

At first, Dr. Gilman’s positive updates on the Alzheimer’s drug trials emboldened SAC to make big bets on Elan and Wyeth, prosecutors said. Mr. Martoma worked closely with Mr. Cohen on the investments, highlighting the drug companies in his weekly “best ideas” list submitted to Mr. Cohen. SAC accumulated $700 million worth of Elan and Wyeth shares, making it one of the fund’s largest bets.

Prosecutors say that in July 2008 Dr. Gilman received more complete results about bapi showing problems with the drug’s efficacy. He then shared those results with Mr. Martoma, the government contends.

With the public announcement of the data just a week away, Mr. Martoma e-mailed Mr. Cohen on a Sunday, according to the complaint. Within the hour, the two were on the phone and spoke for 20 minutes, prosecutors say.

Over several days, SAC not only sold its entire positions in Elan and Wyeth, but shorted, or bet against, the drug companies’ shares, the government said. On July 29, the companies announced results of the drug trial and their shares sank. SAC avoided about $194 million in losses by selling the stocks and then made $83 million by shorting them, according to court filings. Still, SAC paid Mr. Martoma a $9.4 million bonus in 2008 that was largely attributable to his contributions on the Elan and Wyeth trades, prosecutors said. But the firm fired him in early 2010 after his stock picks flagged. The case against Mr. Martoma stemmed in part from a referral made to federal securities regulators. In 2008, the Financial Industry Regulatory Authority observed unusual short-sales in the drug stocks and noted the abnormal activity, regulators said.

Prosecutors recently reached a nonprosecution agreement with Dr. Gilman, meaning they will not charge him. The Justice Department rarely strikes nonprosecution agreements with individuals. The government’s deal with Dr. Gilman, legal experts say, could put pressure on Mr. Martoma to strike a plea deal and cooperate.

Alain Delaquérière contributed reporting.

A version of this article appeared in print on 11/26/2012, on page B1 of the NewYork edition with the headline: New Breed of SAC Capital Hire Is at Center of Insider Trading Case.

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Attack on Pakistani Shia Muslims kills five, injures 70

ISLAMABAD, Pakistan — A bomb blast in northwest Pakistan killed five people and injured 70 others Sunday, provincial and local authorities said, the latest in a wave of attacks that have struck the country’s minority Shia Muslim community despite a host of stringent security measures, including wide-scale cellphone service bans and prohibitions on motorcycle riding in several cities.

The attack in Dera Ismail Khan was the second to strike the city of 119,000 this weekend and the fourth in five days directed at Shia Muslims as they commemorate the anniversary of the 7th century martyrdom of Imam Hussein, a grandson of the prophet Muhammad. A remote-controlled bomb planted in a shop exploded as a procession of Shia Muslims passed by, police said.  

On Saturday in Dera Ismail Khan, seven people were killed and 26 others injured by a remote-controlled bomb buried under a pile of garbage that exploded while a Shia Muslim procession moved past. Shia Muslims commemorate Imam Hussein’s death with large processions that wend their way through cramped neighborhoods in dozens of Pakistani cities, creating a formidable challenge for police assigned to provide security for the mourners.

No one had claimed responsibility for Sunday’s attack, though suspicion immediately focused on the Pakistani Taliban, the country’s homegrown insurgency. The group had previously said it was behind the wave of violence against Shia Muslims earlier in the week. The Shia Muslim community remains a prime target for the Pakistani Taliban and other Sunni militant groups, which regard Shia Muslims as heretics.

In one of the earlier attacks this week, a suicide bomber slipped into a procession of more than 150 Shia Muslims late Wednesday in the garrison city of Rawalpindi and detonated his explosives-filled vest, killing 23 people and injuring 62 others, according to Rawalpindi police. Earlier on Wednesday, militants detonated two bombs outside a Shia mosque in Pakistan’s largest city, Karachi, killing two people and injuring 12 others.

Anticipating a spike in attacks, Pakistani officials late last week announced a series of restrictions aimed at curbing violence against Shia Muslims.

Cellphone service was suspended in dozens of Pakistani cities over the weekend, a measure aimed at preventing the use of cellphones as remote-control detonators. Because assailants often use motorcycles to carry out attacks, motorcycle riding was banned in Islamabad, the capital, and the southern cities of Hyderabad and Quetta. The Pakistani newspaper Express-Tribune reported that the northwest town of Haripur imposed a 15-day ban on the wearing of shawls and coats to prevent would-be attackers from hiding explosives and other weapons.

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Tracking Mars: Curiosity Makes Its Mark on the Red Planet

Since Curiosity landed on mars on Aug. 6, the rover has traveled hundreds of feet over the Martian surface. In the process, it has tracked up the sandy, dusty terrain, leaving tire marks, scoop divots, Morse code and one tiny piece of itself behind.

Unlike the Apollo astronauts' footprints on the moon, Curiosity's trails will probably be wiped away by the planet's frequent wind and sand storms. But there is still something so incredible about these little ephemeral marks we are making on another world.

Though the physical traces won't last, their impact lives on in the images the rover is sending back to Earth. Here are some of our favorite shots of Curiosity's tracks on Mars.

Image: NASA/JPL-Caltech

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Rolling Stones return to mark 50 years in music

LONDON (Reuters) – The Rolling Stones take to the stage later on Sunday after a five-year hiatus to celebrate the golden jubilee of one of the most successful and enduring bands in rock and roll history.

Now in their mid-60s to early 70s, lead singer Mick Jagger, guitarists Keith Richards and Ronnie Wood and drummer Charlie Watts will perform five concerts – two at the O2 Arena in London on November 25 and 29 and three in the United States next month.

Joining them at the O2 on Sunday will be former band members Bill Wyman and Mick Taylor, the first time the two ex-Stones have performed with the group in more than 20 years.

And in a fresh announcement on Saturday, American R&B singer-songwriter Mary J. Blige and guitar great Jeff Beck have also been added to the lineup as special guests.

The flamboyant veterans behind a string of hits including “(I Can’t Get No) Satisfaction”, “You Can’t Always Get What You Want” and “Jumpin’ Jack Flash” have promised a “stunning” gig lasting more than two hours.

A sellout crowd of some 20,000 people is expected, in spite of widespread complaints from fans at ticket prices that ranged from 95 pounds ($ 150) to up to 950 pounds for a VIP seat.

Costs went far higher on secondary ticketing websites, although by Friday eBay was offering several seats to Sunday’s show at below face value and there were places still officially available at around 400 pounds apiece.

The band has defended the prices, saying that the shows are expensive to put on, although Billboard, a specialist music publication, reported that the quartet would be paid $ 25 million for the four shows first announced. A fifth was added later.

BURST OF ACTIVITY

The concerts are the culmination of a busy few months of events, rehearsals and recordings to mark 50 years since the blues-infused rockers first took to the stage at the Marquee Club on London‘s Oxford Street in July, 1962.

There has been a photo album, two new songs, a music video, a documentary film, a blitz of media appearances and a handful of warm-up gigs in Paris.

The O2 Arena was where another top band of the 1960s and 70s, Led Zeppelin, staged an eagerly awaited one-off reunion in 2007, and while the Stones have appeared together far more regularly, it is their first arena performance in six years.

One factor behind the long break has been Wood’s struggle with alcohol addition, according to Rolling Stone magazine, while Jagger and Richards also fell out over comments the guitarist made about the singer in a 2010 autobiography.

“We can’t get divorced – we’re doing it for the kids!” joked Richards in a recent interview after apologizing to Jagger.

While the rock and roll excesses of the swinging 60s and 70s are in the past for the band, and their very best songs may be behind them, music critics praised their recent single “Doom and Gloom” from the “GRRR!” greatest hits album just released.

And there have been hints from the band that the five gigs which wind up at the Newark Prudential Center on December 15 may not be the end of their reunion.

“Once the juggernaut starts rolling, it ain’t gonna stop,” Richards told Rolling Stone. “So without sort of saying definitely yes – yeah. We ain’t doing all this for four gigs!”

(Reporting by Mike Collett-White, editing by Paul Casciato)

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Lobbying, a Windfall and a Leader’s Family

The New York Times

Ping An, one of China’s largest financial services companies, is building a 115-story office tower in Shenzhen. The company is a $50 billion powerhouse now worth more than A.I.G., MetLife or Prudential.

SHENZHEN, China — The head of a financially troubled insurer was pushing Chinese officials to relax rules that required breaking up the company in the aftermath of the Asian financial crisis.

The survival of Ping An Insurance was at stake, officials were told in the fall of 1999. Direct appeals were made to the vice premier at the time, Wen Jiabao, as well as the then-head of China’s central bank — two powerful officials with oversight of the industry.

“I humbly request that the vice premier lead and coordinate the matter from a higher level,” Ma Mingzhe, chairman of Ping An, implored in a letter to Mr. Wen that was reviewed by The New York Times.

Ping An was not broken up.

The successful outcome of the lobbying effort would prove monumental.

Ping An went on to become one of China’s largest financial services companies, a $50 billion powerhouse now worth more than A.I.G., MetLife or Prudential. And behind the scenes, shares in Ping An that would be worth billions of dollars once the company rebounded were acquired by relatives of Mr. Wen.

The Times reported last month that the relatives of Mr. Wen, who became prime minister in 2003, had grown extraordinarily wealthy during his leadership, acquiring stakes in tourist resorts, banks, jewelers, telecommunications companies and other business ventures.

The greatest source of wealth, by far, The Times investigation has found, came from the shares in Ping An bought about eight months after the insurer was granted a waiver to the requirement that big financial companies be broken up.

Long before most investors could buy Ping An stock, Taihong, a company that would soon be controlled by Mr. Wen’s relatives, acquired a large stake in Ping An from state-owned entities that held shares in the insurer, regulatory and corporate records show. And by all appearances, Taihong got a sweet deal. The shares were bought in December 2002 for one-quarter of the price that another big investor — the British bank HSBC Holdings — paid for its shares just two months earlier, according to interviews and public filings.

By June 2004, the shares held by the Wen relatives had already quadrupled in value, even before the company was listed on the Hong Kong Stock Exchange. And by 2007, the initial $65 million investment made by Taihong would be worth $3.7 billion.

Corporate records show that the relatives’ stake of that investment most likely peaked at $2.2 billion in late 2007, the last year in which Taihong’s shareholder records were publicly available. Because the company is no longer listed in Ping An’s public filings, it is unclear if the relatives continue to hold shares.

It is also not known whether Mr. Wen or the central bank chief at the time, Dai Xianglong, personally intervened on behalf of Ping An’s request for a waiver, or if Mr. Wen was even aware of the stakes held by his relatives.

But internal Ping An documents, government filings and interviews with bankers and former senior executives at Ping An indicate that both the vice premier’s office and the central bank were among the regulators involved in the Ping An waiver meetings and who had the authority to sign off on the waiver.

Only two large state-run financial institutions were granted similar waivers, filings show, while three of China’s big state-run insurance companies were forced to break up. Many of the country’s big banks complied with the breakup requirement — enforced after the financial crisis because of concerns about the stability of the financial system — by selling their assets in other institutions.

Ping An issued a statement to The Times saying the company strictly complies with rules and regulations, but does not know the backgrounds of all entities behind shareholders. The company also said “it is the legitimate right of shareholders to buy and sell shares between themselves.”

In Beijing, China’s foreign ministry did not return calls seeking comment for this article. Earlier, a Foreign Ministry spokesman sharply criticized the investigation by The Times into the finances of Mr. Wen’s relatives, saying it “smears China and has ulterior motives.”

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