DealBook: Dell Nears a Buyout Deal of More Than $23 Billion

Dell Inc. neared an agreement on Monday to sell itself to a group led by its founder and the investment firm Silver Lake for more than $23 billion, people briefed on the matter said, in what would be the biggest buyout since the financial crisis.

If completed, a takeover would be the most ambitious attempt yet by Michael S. Dell to revive the company that bears his name. Such is the size of the potential deal that Mr. Dell has called upon Microsoft, one of his most important business partners, to shore up the proposal with additional financial muscle. The question will now turn to whether taking the personal computer maker private will accomplish what years of previous turnaround efforts have not.

The final details were being negotiated on Monday evening, and a deal could be announced as soon as Tuesday. Still, last-minute obstacles could cause the talks to collapse, the people briefed on the matter cautioned.

The consortium is expected to pay $13.50 to $13.75 a share, these people said. Mr. Dell is expected to contribute his nearly 16 percent stake to the deal, worth about $3.8 billion under the current set of terms. He is also expected to contribute hundreds of millions of dollars in fresh capital from his own fortune.

Silver Lake, known as one of the biggest investors in technology companies, would most likely contribute roughly $1 billion, these people added. Microsoft is expected to put in about $2 billion, though that would probably come in the form of preferred shares or debt.

Dell is also expected to bring home some of the cash that it holds in offshore accounts to help with the financing.

A spokesman for Dell declined to comment.

For decades, Dell benefited from its status as a pioneer in the market for personal computers. Founded in 1984 in a dormitory room at the University of Texas, the company grew into one of the biggest computer makers in the world, built on the simple premise that customers would flock to customize their machines.

By the late 1990s, its fast-rising stock created a company worth $100 billion and minted a class of “Dellionaires” whose holdings made for big fortunes, at least on paper. Mr. Dell amassed an estimated $16 billion and formed a quietly powerful investment firm to manage those riches.

But growing competition has sapped Dell’s strength. Rivals like Lenovo and Samsung have made the PC-making business less profitable. Last month, the market research firm Gartner reported that Dell sold 37.6 million PCs worldwide in 2012, a 12.3 percent drop from the previous year’s shipments. Perhaps more significant is the emergence of the smartphone and the tablet, two classes of devices that have eaten away at sales of traditional computers.

Mr. Dell has sought to move the company into the more lucrative and stable business of providing corporations with software services, spending billions of dollars on acquisitions to lead that transformation. The aim is to refashion Dell into something more like I.B.M. or Oracle. Even so, manufacturing PCs still makes up half of the company’s business.

The company’s stock had fallen 59 percent in the 10 years ended Jan. 11, the last business day before word of the buyout talks emerged. That has actually made Dell more tempting as a takeover target for its founder and Silver Lake, which see it as undervalued.

A Dell deal would be a watershed moment for the leveraged buyout industry: It would be the largest takeover since the Blackstone Group paid $26 billion for Hilton Hotels in the summer of 2007. No leveraged buyout since the financial crisis has surpassed the $7.2 billion that Kohlberg Kravis Roberts and others paid for the Samson Investment Company, an oil and gas driller, in the fall of 2011.

Private equity executives have hungered for the chance to strike a deal worth more than $10 billion, an accomplishment believed difficult because of the sheer size of financing required. Dell would take on more than $15 billion in debt, an enormous amount arranged by no fewer than four banks.

But the debt markets have been soaring over the last two years, as the cost of junk bonds has stayed low. Persistent low interest rates have prompted debt buyers to seek investments that carry higher yields

Dell was unusually well-placed to make a deal with private equity. The company carries $4.9 billion in long-term debt, which some analysts have regarded as a manageable amount. And its management has signaled a willingness to bring back at least some of the company’s cash hoard held overseas, despite potentially ringing up a hefty tax bill.

It is unclear whether the company’s biggest investors will accept a deal at the levels that the buyer consortium is advocating. Shares of Dell fell 2.6 percent, to $13.27, on Monday after reports of the proposed price range emerged.

Biggest Private Equity-Backed Leveraged Buyouts

DEAL, IN BILLIONS	TARGET	BUYER	ANNOUNCED
Source: Thomson Reuters *At time of deal, including assumption of debt, not adjusted for inflation.
$44.3	TXU	Morgan Stanley, Citigroup, Lehman Brothers Holdings, Kohlberg Kravis Roberts, Texas Pacific Group and Goldman Sachs	February 2007
37.7	Equity Office Properties Trust	Blackstone Group	November 2006
32.1	HCA	Bain Capital, Kohlberg Kravis Roberts and Merrill Lynch Global Private	July 2006
30.2	RJR Nabisco	Kohlberg Kravis Roberts	October 1988
30.1	BAA	Grupo Ferrovial SA, Caisse de Depot et Placement and GIC Special Invest	March 2006
27.6	Harrah’s Entertainment	Texas Pacific Group and Apollo Management	October 2006
27.4	Kinder Morgan	GS Capital Partners, The Carlyle Group and Riverstone Holdings	May 2006
27.2	Alltel	TPG Capital and GS Capital Partners	May 2007
27.0	First Data	Kohlberg Kravis Roberts	April 2007
26.7	Hilton Hotels	Blackstone Group	July 2007

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Scholars to Say Whether Bones Belong to Richard III

LEICESTER, England — In one of Britain’s most dramatic modern archaeological finds, researchers here announced on Monday that skeletal remains found under a parking lot in this English Midlands city were those of King Richard III, for centuries the most widely reviled of English monarchs, paving the way for a possible reassessment of his brief but violent reign.

Richard Buckley, the lead archaeologist on a project to identify the bones, told reporters that tests and research since the remains were discovered last September proved “beyond reasonable doubt” that the “individual exhumed” from a makeshift grave under the parking lot was “indeed Richard III.”

Part of the evidence came from DNA testing by the geneticist Turi King, who told the same new conference that DNA samples taken from modern-day descendants of Richard’s family matched those of the bones found at the site.

The skeleton, with an arrowhead in its back and bearing other signs of battle wounds, was exhumed in the ruins of an ancient priory. It was found in the same place as historians say Richard III was buried after perishing at the Battle of Bosworth in 1485.

At the news conference on Monday, researchers showed photographs of the skeleton as they found it, stuffed into a grave without a coffin, clearly displaying curvature of the spine as chronicled in contemporary accounts of Richard III’s appearance.

DNA samples from the remains had been compared with the DNA of two descendants of the monarch’s family. One of them, Michael Ibsen, is the son of a 16th-generation niece of King Richard’s. The second descendant wished to remain anonymous, the researchers said.

The researchers said that the body displayed 10 wounds, 8 of them in the skull and some likely to have caused death, possibly by a blow from a halberd, a kind medieval weapon with an ex-like head on a long pole. Other wounds seem to have been inflicted after his death to humiliate the monarch after his armor was stripped and he was paraded naked over the back of a horse, the researchers said.

Since at least the late 18th century, scholars have debated whether Richard was the victim of a campaign of denigration by the Tudor monarchs who succeeded him. His supporters argue that he was a decent king, harsh in the ways of his time, but a proponent of groundbreaking measures to help the poor, extend protections to suspected felons and ease bans on the printing and selling books.

But his detractors cast Richard’s 26 months on the throne as one of England’s grimmest periods, its excesses captured in his alleged role in the murder in the Tower of London of two young princes — his own nephews — to rid himself of potential rivals.

Shakespeare told the king’s story in “Richard III,” depicting him as an evil, scheming hunchback whose death at 32 ended the War of the Roses and more than three centuries of Plantagenet rule, bookended England’s Middle Ages, and proved a prelude to the triumphs of the Tudors and Elizabethans.

In Shakespeare’s account, Richard was killed after being unhorsed on the battlefield, crying: “A horse, a horse, my kingdom for a horse.”

The identification of the bones on Monday may lead to demands for him to buried alongside other monarchs in a place of honor, such as London’s Westminster Abbey.

The bones were first located when archaeologists used ground-penetrating radar on the site of the former priory and discovered that it was not underneath a 19th century bank where it was presumed to be, but under a parking lot across the street. The remains were located within days of the start of digging.

John F. Burns reported from Leicester, and Alan Cowell from London.

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SUPER BOWL WATCH: Brotherly advice, Twitter buzz

NEW ORLEANS (AP) — Around the Super Bowl and its host city with journalists from The Associated Press bringing the flavor and details of everything surrounding the game:

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BROTHERLY ADVICE: AARON RODGERS

Baltimore Ravens coach John Harbaugh and San Francisco 49ers coach Jim Harbaugh are hardly the only high-profile siblings who’ve squared off in their arena of expertise. The AP is asking some others who can relate how to handle going against a family member in the Super Bowl.

As the middle of three brothers, Green Bay Packers quarterback Aaron Rodgers knows a thing or two about high-stakes competitions with siblings. It wouldn’t matter if he was facing one of his brothers in the backyard or the sport’s biggest stage.

“I’d want to beat them pretty bad,” the 2011 NFL MVP said. “I really would.”

Less than two years separates Rodgers and his older brother, Luke, now on Fuel TV’s “Clean Break,” and the two are “very competitive.”

“My older brother and I had a lot of great matchups, great one-on-one games. We competed a lot in sports,” Rodgers said.

There’s still a chance Rodgers could wind up facing one of his brothers on the field, maybe even at the Super Bowl. Jordan Rodgers led Vanderbilt to its first nine-win record since 1915 last season and is now preparing for the NFL draft.

“I hope so,” Rodgers said of the prospects of a “Rodgers Bowl.” ”And I hope we would win if that ever happened.”

— Nancy Armour — http://twitter.com/nrarmour

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TWITTER BUZZ BUILDING

Americans on Twitter are already buzzing about the Super Bowl with about 6 hours until the game kicks off.

Four terms related to the game between the Baltimore Ravens and San Francisco 49ers are trending in the United States: “Happy Super Bowl Sunday,” ”49ers,” ”Beyonce” and “Ray Lewis.”

None, however, are trending worldwide yet.

— Oskar Garcia — http://twitter.com/oskargarcia

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GUN AD

Washington lawmakers watching the Super Bowl in the beltway are getting a 30-second visit from New York Mayor Michael Bloomberg’s gun control group.

Mayors Against Illegal Guns, a coalition of more than 900 mayors in 48 states, paid six figures for the local spot, according to a Bloomberg spokesman.

The ad calls on lawmakers to pass rules requiring background checks on guns. It is narrated by children with “America the Beautiful” playing in the background.

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QUICKQUOTE: ANDREW LUCK

Andrew Luck has high praise for San Francisco 49ers coach Jim Harbaugh, his old coach at Stanford. Even if he did pick an unusual way to express it.

“I always enjoyed playing under coach Harbaugh. He always brought a lot of energy and enthusiasm,” the Indianapolis Colts quarterback said. “He was the type of guy you’d want in an alley fight with you. You could tell he wanted to win just as bad as the next guy.”

— Nancy Armour — http://www.twitter.com/nrarmour

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EDITOR’S NOTE — “Super Bowl Watch” shows you the Super Bowl and the events surrounding the game through the eyes of Associated Press journalists across New Orleans and around the world. Follow them on Twitter where available with the handles listed after each item.

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Ravens edge 49ers 34-31 in electric Super Bowl

NEW ORLEANS (AP) — For a Super Bowl with so many story lines, this game came up with quite a twist.

Try a blackout that turned a blowout into a shootout — capped by a brilliant defensive stand.

The Baltimore Ravens survived a frenzied comeback by the San Francisco 49ers following a 34-minute delay in the third quarter for a power outage Sunday night, winning their second championship 34-31. Super Bowl MVP Joe Flacco threw three first-half touchdown passes, Jacoby Jones ran back the second-half kickoff a record 108 yards for a score, and star linebacker Ray Lewis' last play fittingly was part of a defensive effort that saved the victory.

"To me, that was one of the most amazing goal-line stands I've ever been a part of in my career," said Lewis, who announced a month ago he would retire when the Ravens were done playing.

They are done now, with another Vince Lombardi Trophy headed for the display case.

"What better way to do it," Lewis said, "than on the Super Bowl stage?"

That stage already was loaded with plots:

—The coaching Harbaughs sibling rivalry, won by older brother John, who said the postgame greeting with Jim was "painful."

—Flacco's emergence as a top-level quarterback, and his impending free agency.

—Colin Kaepernick's rapid rise in the last two months as 49ers QB.

—The big game's return to the Big Easy for the first time in 11 years, and the first time since Hurricane Katrina ravaged the city in 2005.

—Lewis' self-proclaimed "last ride."

But when the Superdome lost power, well, that wasn't in anyone's scenario.

Flacco and the Ravens (14-6) were turning the game into a rout, leading 28-6 when, without even a flicker of warning, several banks of lights and the scoreboards went dark. Players from both sides stretched and chatted with each other in as bizarre a scene as any Super Bowl has witnessed.

"The bad part was we started talking about it," said safety Ed Reed, who had the game's only interception. "That was mentioned. It was like they were trying to kill our momentum."

After power was restored, the 49ers began playing lights out.

San Francisco (13-5-1), in search of its sixth Lombardi Trophy in as many tries, got back in the game almost immediately.

Michael Crabtree's 31-yard touchdown reception, on which he broke two tackles, made it 28-13. A few minutes later, Frank Gore's 6-yard run followed a 32-yard punt return by Ted Ginn Jr., and the 49ers were within eight.

Ray Rice's fumble at his 24 led to David Akers' 34-yard field goal, but Baltimore woke up for a long drive leading to rookie Justin Tucker's 19-yard field goal.

San Francisco wasn't done challenging, though, and Kaepernick's 15-yard TD run, the longest for a quarterback in a Super Bowl, made it 31-29. A 2-point conversion pass failed when the Ravens blitzed.

Tucker added a 38-yarder with 4:19 remaining, setting up the frantic finish.

Kaepernick couldn't get the 49ers into the end zone on the final three plays. The last was a pass into the right corner of the end zone to Crabtree that involved some incidental bumping. Jim Harbaugh insisted a flag should have been thrown.

"There's no question in my mind that there was a pass interference and then a hold," Jim Harbaugh said.

Ravens punter Sam Koch took a safety for the final score with 4 seconds left. Koch's free kick was returned by Ginn to midfield as time ran out.

"How could it be any other way? It's never pretty. It's never perfect. But it's us," John Harbaugh said of his Ravens. "It was us today."

Barely.

"Yeah, I think that last drive when we got the ball and had time to go down and score a touchdown," Kaepernick said, "we thought it was our game."

But the championship is Baltimore's.

As for the foul-up at America's biggest sporting event, officials revealed that an "abnormality" in the power system triggered an automatic shutdown, forcing backup systems to kick in. But no one was sure what caused the initial problem.

Everything changed after that until Lewis and Co. shut it down. But there were plenty of white-knuckle moments and the Ravens had to make four stops inside their 7 at the end.

"I think it speaks to our resolve, speaks to our determination, speaks to our mental toughness," John Harbaugh said. "That is what wins and loses games."

At 4 hours, 14 minutes, it was the longest Super Bowl ever.

Flacco's arrival as a championship quarterback — he had 11 postseason TD passes, tying a league mark, and no interceptions — coincides with Lewis' retirement. The win capped a sensational four games since Lewis announced he was leaving the game after 17 Hall of Fame-caliber years.

The Ravens will become Flacco's team now, provided he reaches agreement on a new contract.

Flacco's three TD passes in the opening half tied a Super Bowl record. They covered 13 yards to Anquan Boldin, 1 to Dennis Pitta and 56 to Jones.

That start boosted him to the MVP award.

"They have to give it to one guy and I'm not going to complain that I got it," Flacco said.

John Harbaugh had no complaints about getting that other trophy named after that Green Bay coach. But he struggled to balance it with the disappointment his brother was feeling.

"The meeting with Jim in the middle (of the field for the postgame handshake) was probably the most difficult thing I have ever been associated with in my life," the Ravens coach said.

The wild scoring made this the second championship in the NFL's 80-year title game history in which both teams scored at least 30 points. Pittsburgh's 35-31 win over Dallas in 1979 was the other.

The Ravens stumbled into the playoffs with four defeats in its last five regular-season games as Lewis recovered from a torn right triceps and Flacco struggled. Harbaugh even fired his offensive coordinator in December, a stunning move with the postseason so close.

But that — and every other move Harbaugh, Flacco and the Ravens made since — were right on target.

New Orleans native Jones, one of the stars in a double-overtime playoff win at Denver, seemed to put the game away with his record 108-yard sprint with the second-half kickoff.

Soon after, the lights went out — and when they came back on, the Ravens were almost powerless to slow the 49ers.

Until the final moments.

"The final series of Ray Lewis' career was a goal-line stand," Harbaugh said.

Lewis was sprawled on all fours, face-down on the turf, after the end zone incompletion.

"It's no greater way, as a champ, to go out on your last ride with the men that I went out with, with my teammates," Lewis said. "And you looked around this stadium and Baltimore! Baltimore! We coming home, baby! We did it!"

Jim Harbaugh, the coach who turned around the Niners in the last two years and brought them to their first Super Bowl in 18 years, had seen his team make a similarly stunning comeback in the NFC championship at Atlanta, but couldn't finish it off against Baltimore.

"Our guys battled back to get back in," the 49ers coach said. "I thought we battled right to the brink of winning."

The 49ers couldn't have been sloppier in the first half, damaging their chances with penalties — including one on their first play that negated a 20-yard gain — poor tackling and turnovers. Rookie LaMichael James fumbled at the Baltimore 25 to ruin an impressive drive, and the Ravens converted that with Flacco's 1-yard pass to Pitta for a 14-3 lead.

On San Francisco's next offensive play, Kaepernick threw behind Randy Moss and always dependable Reed picked it off. A huge scuffle followed that brought both Harbaughs onto the field and saw both sides penalized 15 yards for unnecessary roughness.

Reed, also a New Orleans native, tied the NFL record for postseason picks with his ninth.

Baltimore didn't pounce on that mistake for points. Instead, Tucker's fake field goal run on fourth-and-9 came up a yard short when Chris Culliver slammed him out of bounds.

The Ravens simply shrugged, forced a three-and-out, and then unleashed Jones deep. Just as he did to Denver, he flashed past the secondary and caught Flacco's fling. He had to wait for the ball, fell to the ground to grab it, but was untouched by a Niner. Up he sprang, cutting left and using his speed to outrun two defenders to the end zone.

Desperate for some points, the 49ers completed four passes and got a 15-yard roughing penalty against Haloti Ngata, who later left with a knee injury. But again they couldn't cross the goal line, Paul Kruger got his second sack of the half on third down, forcing a second field goal by Akers, from 27 yards.

When Jones began the second half by sprinting up the middle virtually untouched — he is the second player with two TDs of 50 yards or more in a Super Bowl, tying Washington's Ricky Sanders in 1988 — the rout was on.

Then it wasn't.

"Everybody had their hand on this game," 49ers All-Pro linebacker Patrick Willis said. "We point the fingers at nobody. We win together and we lose together, and today we lost it."

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Medicines Co. Licenses Rights to Cholesterol Drug

The drug, known as ALN-PCS, inhibits a protein in the body known as PCSK9. Such drugs might one day be used to treat millions of people who do not achieve sufficient cholesterol-lowering from commonly used statins, such as Lipitor.

The Medicines Company will pay $25 million initially and as much as $180 million later if certain development and sales goals are met, under the deal expected to be formally announced Monday. It will also pay Alnylam, which is based in Cambridge, Mass., double-digit royalties on global sales.

That is small payment for a drug with presumably a huge potential market, probably reflecting that Alnylam is still in the first of three phases of clinical trials, well behind some far bigger competitors.

The team of Sanofi and Regeneron Pharmaceuticals is already entering the third and final stage of trials with their PCSK9 inhibitor, as is Amgen. Pfizer and Roche are in midstage trials.

ALN-PCS is different from the other drugs. It uses a gene-silencing mechanism called RNA interference, aimed at shutting off production of the PCSK9 protein. The other drugs are proteins called monoclonal antibodies that inhibit the action of PCSK9 after it has been formed.

Alnylam and the Medicines Company hope that turning off the faucet, as it were, will be more efficient than mopping the floor, allowing their drug to be given less frequently and in smaller amounts.

But that has yet to be proved. No drug using RNA interference has reached the market.

The Medicines Company, based in Parsippany, N.J., generates almost all of its revenue from one product — Angiomax, an anticlotting drug used when patients receive stents to open clogged arteries.

Dr. Clive A. Meanwell, chief executive of the company, said that PCSK9 inhibitors are likely to be used at first mainly by patients with severe lipid problems under the care of interventional cardiologists, the same doctors who use Angiomax. “It really is quite adjacent to what we do,” he said.

The Medicines Company licensed Angiomax from Biogen Idec, where the drug was invented and initially developed under a team led by Dr. John M. Maraganore, who is now the chief executive of Alnylam.

“It’s a bit like getting the band back together,” Dr. Maraganore said.

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DealBook: New Details Suggest a Defense in SAC Case

At the center of the government’s insider trading case against a former portfolio manager at the hedge fund SAC Capital Advisors is a trade that directly involves Steven A. Cohen, the billionaire owner of the fund.

New details about the case have emerged that could cast doubt on the way that trade has been portrayed by the authorities, suggesting a possible line of defense for the portfolio manager and raising questions about whether the government will be able to build a case against Mr. Cohen, who has long been in the cross hairs of an investigation for insider trading on Wall Street.

Federal prosecutors have claimed that SAC dumped millions of shares of two pharmaceutical companies in 2008 after the former employee, Mathew Martoma, received secret information from a doctor about problems with a new Alzheimer’s drug.

In bringing its charges, the government said that SAC not only sold out of its position, but also bet against — or shorted — the drug companies’ stocks before the public announcement of the bad news. The SAC short position, according to prosecutors, allowed it to earn big profits after shares of the companies, Elan and Wyeth, plummeted.

“The fund didn’t merely avoid losses, it greedily schemed to profit further by shorting Elan and Wyeth stock,” said April Brooks, a senior F.B.I. official in New York, during a press conference on Nov. 20, the day Mr. Martoma was arrested.

Internal SAC trading records, according to people directly involved in the case, indicate that the hedge fund did not have a negative bet in place in advance of the announcement of the drug trial’s disappointing results. Instead, the records indicated that SAC, through a series of trades, including a complex transaction known as an equity swap, had virtually no exposure — neither long nor short — heading into the disclosure of the drug data.

A different narrative surrounding the firm’s trading could help Mr. Martoma, who has pleaded not guilty to securities fraud and conspiracy in what the government calls the most lucrative insider trading case ever charged.

The government, however, does have powerful evidence against Mr. Martoma. Prosecutors say the fund avoided losses by selling its roughly $700 million stake in Elan and Wyeth. If, as the government says, Mr. Martoma caused SAC to sell the shares — and then short them — while possessing important, nonpublic information, that would constitute an insider trading crime. And prosecutors have secured the testimony of the doctor who says he leaked the drug trial data to Mr. Martoma.

Still, perhaps more important, the trading records may complicate a government effort to pursue a case against Mr. Cohen. The SAC founder has not been accused of any wrongdoing, and has said he acted appropriately at all times.

In bringing charges against Mr. Martoma, prosecutors appeared to be circling nearer to Mr. Cohen. The criminal complaint against Mr. Martoma noted that Mr. Cohen had spent 20 minutes on the telephone with the portfolio manager the night before SAC began selling its shares. Prosecutors have not claimed that Mr. Cohen knew that Mr. Martoma had confidential information about the drug trials. (Mr. Martoma has refused so far to cooperate in helping the government build a case against his former boss.)

Yet if the 2008 trade is a possible avenue for the government, it is running out of time to bring a case against Mr. Cohen. Under the statute of limitations for insider trading crimes, the government would have to file a criminal case against him by mid-July. That deadline is the five-year anniversary of the trade in question, unless it could prove a conspiracy with Mr. Martoma that continued well past then.

Prosecutors have not sought to reach a “tolling agreement” with Mr. Cohen, which would allow the government additional time to bring a case past the statute of limitations, according to people briefed on the matter. The S.E.C., meanwhile, is weighing whether to file a civil fraud lawsuit against the fund connected to the drug-stock trades.

All this comes as a Feb. 14 cutoff approaches for SAC clients to ask for their money back. The fund has told employees that it expects at least $1 billion in withdrawals from the $14 billion fund amid the intensifying investigation. SAC has a standard quarterly redemption deadline.

Several other factors could make it difficult for the government to implicate Mr. Cohen. SAC is well known for its aggressive, rapid-fire trading style, and several former employees say that there is nothing unusual about the fund’s exiting a large position over just a few days.

“It’s one thing to bring an insider trading charge against a market novice who pours his 401(k) into a stock after hanging up the phone with an insider,” said Morris J. Fodeman, a former prosecutor and now a white-collar criminal defense lawyer at Wilson Sonsini Goodrich & Rosati. “But it’s far more difficult to make a case against a sophisticated hedge fund that routinely takes large positions and employs complex trading strategies.”

Moreover, both inside and outside SAC, there had been much controversy and debate surrounding the effectiveness of the Alzheimer’s drug, called bapineuzumab, leading up to the July 2008 release of the companies’ clinical results. Mr. Martoma’s colleagues in SAC’s health care group raised specific concerns with Mr. Cohen about the wisdom of holding such a large position in the two companies. And while preliminary data announced by Elan and Wyeth in June offered encouraging news, they also suggested potential problems.

“We believe potentially confounding factors will continue to fuel controversy over bapineuzumab,” wrote Caroline Y. Stewart, a drug stock analyst with Piper Jaffray, reacting to the preliminary results.

On July 11, another Wall Street analyst, Jonathan Aschoff at Brean Murray Carret & Company, raised red flags about a sharp run-up in the price of Elan’s shares heading into the presentation of the data.

“We have numerous concerns with the clinical development of bapineuzumab, and what we viewed to be underwhelming top-line Phase 2 results make us highly doubtful of success,” Mr. Aschoff wrote. “In our opinion, this strategy only serves to increase clinical risk and stoke our pessimism.”

The uncertainty relating to the Alzheimer drug’s clinical results could help explain what led Mr. Cohen to hedge SAC’s position so that it had “neutral exposure,” in Wall Street parlance, heading into disclosure of the trial results.

The short positions that SAC established in Elan and Wyeth were matched almost perfectly to offset an equity swap that effectively provided the fund with exposure to 12 million Wyeth shares, according to the SAC documents. An equity swap mimics ordinary shares and gives investors like hedge funds the benefits of stock ownership without actually owning the shares. Funds often use these complex derivatives to accumulate a large position but not tip off the market.

When government officials announced the case against Mr. Martoma, they made no mention of the swap. Instead, they emphasized how SAC had jettisoned its Elan and Wyeth shares and then brazenly accumulated short positions in both companies.

“The charges unsealed today describe cheating — coming and going,” Preet Bharara, the United States attorney in Manhattan, said in opening remarks during the press conference. “Specifically, insider trading first on the long side, and then on the short side.”

The government noted the swap position in its court papers, but did not factor it into SAC’s overall gains and losses in Elan and Wyeth. Because SAC did not trade the Wyeth swap, instead leaving the position in place, it could not be part of any insider trading charge.

Representatives for the United States attorney’s office and the S.E.C. declined to comment. An SAC spokesman declined to comment, as did Charles A. Stillman, the lawyer for Mr. Martoma.

Prosecutors have built their case against Mr. Martoma by securing the cooperation of Dr. Sidney Gilman, a neurology professor who ostensibly leaked to him the confidential data about the drug being jointly developed by Elan and Wyeth. The companies hired Dr. Gilman to oversee the clinical trials. SAC paid Dr. Gilman about $108,000 as a consultant.

The government said that Mr. Cohen’s fund accumulated a roughly $700 million combined stake in Elan and Wyeth based on Mr. Martoma’s recommendation. SAC’s equity swap with respect to Wyeth, however, added $566 million in exposure.

On Thursday, July 17, 2008, as the drug trials neared completion, Dr. Gilman told Mr. Martoma that patients were experiencing serious side effects, the government said. Three days later, on a Sunday, with the markets closed, Mr. Martoma had the 20-minute conversation with Mr. Cohen, according to telephone records cited in the criminal complaint. Prosecutors said that Mr. Martoma told his boss that he was no longer “comfortable” with the investments.

On Monday morning, July 21, at Mr. Cohen’s direction, SAC’s head trader began selling the fund’s 10.5 million shares of Elan and 7.1 million shares of Wyeth. By July 29 — the day that the companies announced the trial results — SAC had not only sold out of its Elan and Wyeth holdings but also established short positions in the stocks. SAC was short about 4.5 million shares of Elan and 3.3 million shares of Wyeth. The fund also purchased a small number of Elan put options, a bet that the company’s shares would decline.

The 12 million-share equity swap position in Wyeth, however, counterbalanced the short exposure. SAC was short 4.5 million shares of Elan but, taking the swap into account, effectively long about 8.7 million shares of Wyeth. On July 30, the first trading day after the companies disclosed the negative trial results, Elan’s stock fell about 42 percent and Wyeth’s stock dropped about 12 percent.

Federal prosecutors said that SAC’s trading ahead of the announcement allowed the fund to avoid $194 million in losses by exiting the Elan and Wyeth positions, and then also earn about $83 million on the short trades. But SAC also had paper losses of about $70 million on its Wyeth swap, almost entirely negating any gains from the short sales.

While such details would seem to contradict how authorities have described the trading, prosecutors could argue that SAC had little choice but to leave the swaps in place, and that was part of the strategy to trade on inside information. That is because selling a swap would be difficult to do without attracting attention in the marketplace. If SAC had sold its swaps, it would have had to notify the Wall Street bank that it entered into the swap transaction with and, in turn, the bank’s trader would have most likely sold the shares on the open market.

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IHT Rendezvous: In Villages, Praying for the Souls of Tibetan Self-Immolators

BEIJING — Since November, when cold winter began in the high Tibetan Plateau, thousands of Tibetan villagers have been gathering daily to pray for the souls of the nearly 100 Tibetans who have burned themselves to death in protest over Chinese rule, in a show of widespread support for the self-immolators among ordinary people, according to witness testimony from a person recently returned from the region.

In traditional winter prayer meetings in villages, they gather to chant “Om mani padme hum,” Tibetan Buddhism’s most important mantra, which speeds a soul toward a good reincarnation, said the person, who witnessed a meeting in the Tibetan region of Qinghai Province in China.

The meetings are a sign of support for the self-immolators and point to widespread dislike among ordinary Tibetans for repressive policies in the region that have turned it into an “open-air prison,” said one ethnic Tibetan police officer in Lhasa, quoted by the witness.

The witness cannot be identified because of the high risk of persecution by the Chinese authorities. But the reliable account of ongoing, severe repression and resentment among Tibetans confirms other reports from the Tibet Autonomous Region or from Tibetan regions in Chinese provinces, where the authorities have been cracking down as they try to stop the spread of the self-immolations.

Chinese courts last week sentenced eight Tibetans for helping self-immolators, The Associated Press reported, including one man to death with a two-year reprieve, and others to between 3 and 12 years in jail, according to Xinhua, the state news agency.

The detail and content of the grass-roots prayer meetings is new.

“The meetings are a traditional thing to do during the winter and are held daily in different villages, and last three days,” the witness said. They are known in Chinese as “fahui,” or dharma meetings (also Buddhist law meetings).

“People drive on motorbikes for long distances, 50 or 60 kilometers, to whichever village is holding a prayer meeting. It’s mostly adults, and they are anywhere between 16 and over 80 years old. As soon as they can drive a motorbike, they’ll go,” the person said.

“Around 1,000 people may attend, often going from one meeting to another without returning home.”

“Their aim is for each meeting to have chanted ‘Om mani padme hum’ 100 million times. There’s no question that they regard the self-immolators as very great, and believe that with the help of their prayers, they will come back as powerful and blessed people,” said the person, who confessed to having reservations about the self-immolations.

Yet, “It’s extremely moving. Because if the self-immolations really were a mistake, how could they get so much support and sympathy form ordinary people?”

As my colleague Jim Yardley reports from India, where many Tibetans live in exile, some there are questioning the self-immolations.

The witness confirmed that, saying: “There is a feeling among some Tibetans,” especially monks or those in the religious hierarchy, “that the Dalai Lama needs to say something to stop it.”

Yet Tibetans who are deeply unhappy with Chinese rule are constrained in how they can protest.

“The problem is that Tibetans are Buddhists. The way things are there now, in other places, people might rise up and set off bombs. But they can’t do that because Buddhists believe you shouldn’t destroy other people’s happiness. So the only way they can protest is by killing themselves,” the person said.

And so the grass-roots support goes on.

The testimony from this person also confirmed reports of a very harsh crackdown under way in Lhasa, seat of the Jokhang, Tibet’s holiest temple, and the Potala Palace, the former home of the Dalai Lama, whom Tibetans revere and who has lived in exile since fleeing the Chinese in 1959.

The crackdown, in response to the self-immolations that began not long after an uprising in Lhasa was crushed in 2008, has turned Tibet into “an open-air prison,” said an ethnic Tibetan police officer. Like some other ethnic Tibetan police officers, he was considering resigning his post, he said.

“Lhasa used to be a sacred place for Buddhism. Now it’s a sacred place for Marxism-Leninism,” he said. “Every day there are meetings where leaders both big and small tell you that maintaining stability,” or “weiwen,” in Chinese, “is the most important thing, what the main tasks in Lhasa are. Lhasa is no longer a Buddhist sacred place,” he said.

“Lhasa is stuffed with police, every 10 paces there are several. I am growing to hate my own work. It’s really not possible to keep doing it. Some have already resigned,” he told the witness.

The crackdown includes forbidding ethnic Tibetans from the outlying regions, like Qinghai or Sichuan Provinces, which lie outside Tibet proper, from traveling to Tibet and is strictly enforced at airports and other transport nodes. Ethnic Han Chinese, however, can pass, effectively making Tibet out of bounds for many Tibetans.

Any Tibetan from outside the region wishing to travel to Lhasa must have a “sponsor” in the city working for the government, the witness said. They must surrender their identity cards and be photographed. Uniformed and plainclothes police officers and military patrol heavily in the city, trying to stop self-immolations.

The ban on ethnic Tibetans from outside Tibet, many of whom have traditionally taken pilgrimages to Lhasa, means that hotels and other businesses in the city have suffered since last May when they were ordered shut to such travelers. A petition is currently circulating from hotel owners asking the government to compensate them financially, “or we will take our request higher.” For reasons of political sensitivity, the petition, which has been seen by this newspaper, cannot be discussed in detail.

It is also extremely difficult for ordinary ethnic Tibetans to get a passport, meaning they cannot travel overseas, the witness said. The person believes the government’s motive is to minimize accounts, like this one, of the harsh repression in the region.

“They don’t want Tibetans leaving the country and telling the world what’s happening there. Hundreds of people leaving and telling the world is very different from one or two,” the person said.

With the Lunar New Year approaching, the prayer meetings will soon be scaled back, as farm work and animal husbandry resume. For now, though, the villagers are praying hard for the souls of the dead, millions of mantras circulating in the thin air of the plateau.

“They say, we want their lives to come back. We want world peace. They pray for Tibet to have peaceful and happy days, and the world, too,” the person said.

Said the police officer: “Living in this tightly controlled atmosphere is unbearable. There’s no feeling of happiness. But maybe it’s good this way, it may speed up the day when the situation has to change. But I don’t have the courage to self-immolate. Maybe after I retire I’ll go to Beijing and petition.”

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Here comes the PlayStation 4: Sony announces February 20th PlayStation event [video]

Here are the ps4 specs I found. I don’t know why they didn’t post them in the article. you can easily find them by searching ps4 specs.
PS4/Orbis (Speculated)
PS4 XrossMediaBar + Gaikai cloud service Redesigned to be more user-friendly and fluid
CPU: 4x Dual-Core AMD64 “Bulldozer”
2.5 inch SATA HDD (160 GB) hard drive (in Developer Console, not likely for the retail version)
8GB DDR5 RAM (speed unknown), VRAM {listed below in GPU}
AMD R10xx with 2.2GB of VRAM
2 x 512 KB (1024 KB)
480p, 576p, 720p, 1080i, 1080p
8x Blu-ray BD-ROM (54-128GB of data) at 36MB/s
Blu-ray 8x, DVD, Compact Disc, Download
Compatable with all past PS3 PlayStation Network Purchases (likely)
4x USB 3.0, 2x Ethernet;
Audio Output: HDMI & Optical, 2.0, 5.1 & 7.1 channels
PS Network (Free) + PlayStation Network Plus (paid service) + Gaikai cloud service
N/A
$ 499-$ 1000 USD

Gaming News Headlines – Yahoo! News

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Peterson double winner of AP NFL awards

NEW ORLEANS (AP) — Adrian Peterson called it a blessing in disguise.

Strange way to describe career-threatening major knee surgery.

The Minnesota Vikings' star came back better than ever, just missing Eric Dickerson's longstanding rushing record and closing out the season with two of the top NFL awards from The Associated Press: Most Valuable Player and Offensive Player of the Year.

As sort of an added bonus, he beat Peyton Manning for both of them Saturday night.

"My career could have easily been over, just like that," the sensational running back said. "Oh man. The things I've been through throughout my lifetime has made me mentally tough.

" I'm kind of speechless. This is amazing, " he said in accepting his awards, along with five others at the "2nd Annual NFL Honors" show on CBS saluting the NFL's best players, performances and plays from the 2012 season. The awards are based on balloting from a nationwide panel of 50 media members who regularly cover the NFL.

Manning's own sensational recovery, from four neck surgeries, earned him Comeback Player honors.

"This injury was unlike any other," said the only four-time league MVP. "There really was no bar or standard, there were no notes to copy. We were coming up with a rehab plan as we went."

Before sitting out 2011, Manning had never missed a start in his first 13 seasons with Indianapolis. But he was released by the Colts last winter because of his neck issues, signed with Denver and guided the Broncos to the AFC's best record, 13-3.

"Certainly you have double variables of coming off injury, not playing for over year and joining a new team. That certainly added a lot to my plate, so it was hard to really know what to expect," Manning said. "I can't tell you how grateful and thankful I am. I can't tell you how happy I am to be playing the game of football we all love so much."

Also honored were:

—Washington's Robert Griffin III, who beat out a strong crop of quarterbacks for the top offensive rookie award.

— Houston end J.J. Watt, who took Defensive Player of the Year, getting 49 of 50 votes.

— Bruce Arians, the first interim coach to win Coach of the Year after leading Indianapolis to a 9-3 record while head man Chuck Pagano was being treated for leukemia. Arians became Arizona's head coach last month.

—Carolina linebacker Luke Kuechly, the league's leader in tackles with 164, who won the top defensive rookie award.

Peterson returned better than ever from the left knee surgery, rushing for 2,097 yards, 9 short of breaking Dickerson's record. He also sparked the Vikings' turnaround from 3-13 to 10-6 and a wild-card playoff berth.

He received 30 1-2 votes to 19 1-2 for Manning.

"I played my heart out, every opportunity I had," Peterson said. "The result of that is not what I wanted, which is being in the Super Bowl game. But I have a couple of good pieces of hardware to bring back and (put) in my statue area. So it feels good."

Was the knee injury the toughest thing he'd ever overcome?

"Losing my brother at 7, seeing him get hit by a car right in front of me, that was the toughest," he said. "But as far as injuries, yes."

New England QB Tom Brady was the last winner of MVP and Offensive Player in 2010.

"Trying to get two or three like Peyton, trying to get to your level," Peterson said of his first MVP award. "But I won't be there to accept it because I'll be winning with my coach, the most important award, the team award, the Super Bowl."

Dickerson predicted Peterson could get back to 2,000 yards.

"I hope he does have a chance to do it again," Dickerson said, adding with a laugh, "but do I want him to break it? No, I do not."

Wearing a burgundy and gold tie in honor of his Redskins, Griffin said his goal is to be ready for the season opener.

"It's truly a blessing to be up there — to be able to stand, first and foremost," said Griffin, who underwent knee surgery last month. He added that next season "you'll see a better Robert Griffin."

Arians moved up from offensive coordinator and helped Indianapolis make the playoffs at 10-6, making him an easy winner in the balloting.

"It's hard to put into words the feelings of this past year," he said. "This was kind of the cherry on the top, whipped cream and everything else you put on top."

Watt swatted the competition as Denver's Von Miller got the only other vote in the most lopsided balloting of all the awards.

"It sets the bar for me," Watt said. He led the NFL with 20 1-2 sacks and also blocked an astounding 16 passes. "I want to go out and do even better. I want to do even bigger things."

___

Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

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

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

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

Andrea Mohin/The New York Times

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

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

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

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

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

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

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

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

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

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

Dr. Waldo M. Ellison

Richard Fee initial evaluation

Feb. 5, 2010

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

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

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

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