‘Dishonored’ tops a diverse year in video games

The video game universe in 2012 is a study in extremes.

At one end, you have the old guard striving to produce mass-appeal blockbusters. At the other end, you have a thriving community of independent game developers scrambling to find an audience for their idiosyncratic visions. Can’t we all just get along?

Turns out, we can. For while some industry leaders are worried (and not without cause) about “disruptive” trends — social-media games, free-to-play models, the switch from disc-based media to digital delivery — video games are blossoming creatively. This fall, during the height of the pre-holiday game release calendar, I found myself bouncing among games as diverse as the bombastic “Halo 4,” the artsy “The Unfinished Swan” and the quick-hit trivia game “SongPop.”

Some of my favorite games this year have benefited from both sides working together. The smaller studios get exposure on huge platforms like Xbox Live or the PlayStation Network. The big publishers seem more willing to invite a little quirkiness into their big-budget behemoths. Gamers win.

1. “Dishonored” (Bethesda Softworks, for the Xbox 360, PlayStation 3, PC): Arkane Studios’ revenge drama combined a witty plot, crisp gameplay and an uncommonly distinctive milieu, setting a supernaturally gifted assassin loose in a gloriously decadent, steampunk-influenced city.

2. “Mass Effect 3″ (Electronic Arts, for the Xbox 360, PlayStation 3, Wii U, PC): No 2012 game was more ambitious than BioWare’s sweeping space opera. Yes, the ending was a little bumpy, but the fearless Commander Shepard’s last journey across the cosmos provided dozens of thrilling moments.

3. “The Walking Dead” (Telltale Games, for the Xbox 360, PlayStation 3, PC, iOS): This moving adaptation of Robert Kirkman’s comics dodged the predictable zombie bloodbath in favor of a finely tuned character study of two survivors: Lee, an escaped convict, and Clementine, the 8-year-old girl he’s committed to protect.

4. “Journey” (Thatgamecompany, for the PlayStation 3): A nameless figure trudges across a desert toward a glowing light. Simple enough, but gorgeous visuals, haunting music and the need to communicate, wordlessly, with companions you meet along the way translate into something that’s almost profound.

5. “Borderlands 2″ (2K Games, for the Xbox 360, PlayStation 3, PC): Gearbox Software’s gleeful mash-up of first-person shooting, role-playing and loot-collecting conventions gets bigger and badder, but what stuck with me most were the often hilarious encounters with the damaged citizens of the godforsaken planet Pandora.

6. “XCOM: Enemy Unknown” (2K Games, for the Xbox 360, PlayStation 3, PC): A strategy classic returns, as the forces of Earth fight back against an extraterrestrial invasion. It’s a battle of wits rather than reflexes, a stimulating change of pace from the typical alien gorefest.

7. “Fez” (Polytron, for the Xbox 360): A two-dimensional dude named Gomez finds his world has suddenly burst into a third dimension in this gem from indie developer Phil Fish. As Gomez explores, the world of “Fez” continually deepens, opening up mysteries that only the most dedicated players will be able to solve.

8. “Spec Ops: The Line” (2K Games, for the Xbox 360, PlayStation 3, PC): This harrowing tale from German studio Yager Development transplants “Apocalypse Now” to a war-torn Dubai. It’s a bracing critique, not just of war but of the rah-rah jingoism of contemporary military shooters.

9. “Assassin’s Creed III” (Ubisoft, for the Xbox 360, PlayStation 3, Wii U, PC): A centuries-old conspiracy takes root in Colonial America in this beautifully realized, refreshingly irreverent installment of Ubisoft’s alternate history franchise.

10. “ZombiU” (Ubisoft, for the Wii U): The best launch game for Nintendo’s new console turns the Wii U’s GamePad into an effective tool for finding and hunting down the undead.

Runners-up: “Call of Duty: Black Ops II,” ”Darksiders II,” ”Dust: An Elysian Tail,” ”Far Cry 3,” ”Halo 4,” ”Mark of the Ninja,” ”Need for Speed: Most Wanted,” ”Paper Mario: Sticker Star,” ”Papo & Yo,” ”The Unfinished Swan.”

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Williams testified he wanted to stop bounties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Eli Lilly to Conduct Additional Study of Alzheimer’s Drug

The drug maker Eli Lilly & Company said on Wednesday that it planned an additional study of an experimental Alzheimer’s drug that failed to improve the condition of people with the disease, saying that it remained hopeful about the drug’s prospects.

The newest study is expected to get under way in the third quarter of 2013 and will focus on patients with mild Alzheimer’s disease. Lilly released results of two clinical trials in August that showed the drug, called solanezumab, did not significantly improve either the cognition or the daily functioning of people with mild and moderate forms of the disease. But despite that failure, the results also gave some reason for hope: when patients with mild Alzheimer’s were separated out, the drug was shown to significantly slow their decline in cognition.

In a statement on Wednesday, the company said it decided not to pursue approval of the drug based on existing study results after it met with officials from the Food and Drug Administration. A Lilly executive said, however, that the company was still optimistic.

“We remain encouraged and excited by the solanezumab data,” David Ricks, a senior vice president at Lilly and president of Lilly Bio-Medicines, said in the statement. “We are committed to working with the F.D.A. and other regulatory authorities to bring solanezumab to the millions of patients and caregivers suffering from this devastating disease who urgently need this potential treatment.”

The Lilly drug is the second Alzheimer’s treatment to fail in clinical trials this year. Pfizer and Johnson & Johnson stopped development of a similar treatment, bapineuzumab, after it, too, was not shown to work. Both drugs target beta amyloid, a protein in the brain that is found in people with Alzheimer’s disease.

Lilly shares closed at $49, down 3.2 percent.

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Study Shows a Pattern of Risky Loans by F.H.A.

A new and extensive analysis of 2.4 million loans insured by the Federal Housing Administration in recent years shows a pattern of risky lending that could generate $20 billion in losses and harm thousands of the nation’s most vulnerable borrowers. By ignoring risks in loans it insured in 2009 and 2010, the study concludes, the F.H.A. is imperiling both borrowers and taxpayers who stand behind the agency.

The analysis emerged less than a month after the F.H.A.’s auditor submitted a troubling report on the financial soundness of its insurance fund. In mid-November, the auditor estimated that the fund, which backs $1.1 trillion in mortgages, has a value of negative $13.5 billion. In other words, if it were to stop insuring loans today, the F.H.A. fund could not cover the losses anticipated on loans it has already insured.

The new study of the potential risks in recent F.H.A.-insured loans is illuminating because it provides a level of detail, including where government-backed loans are, that is usually missing from agency analyses. In addition, the report’s loss estimates are somewhat surprising given that the loans it examined were made after the mortgage crisis became evident.

The loan analysis was conducted by Edward Pinto, a resident fellow at the American Enterprise Institute, a conservative organization. But its findings were based entirely on foreclosure estimates made by the F.H.A.’s auditor as well as detailed individual loan data like ZIP codes and borrower credit scores.

Officials at the Department of Housing and Urban Development, which oversees the F.H.A., were briefed on the study’s findings earlier this week.

George Gonzalez, a spokesman for F.H.A., disputed the findings of the analysis. “The assertion that F.H.A. is setting up potential homeowners for failure by insuring 30-year, fixed-rate, fully documented loans for underserved borrowers is not supported by the information presented,” he said. “Selective use of F.H.A. data ignores that F.H.A. has successfully provided access to mortgage financing for millions of creditworthy borrowers for almost 80 years.”

The mission of the F.H.A., created in 1934, is to provide “homeownership opportunities for first-time homebuyers and other borrowers who would not otherwise qualify for conventional mortgages on affordable terms, as well as for those who live in underserved areas where mortgages may be harder to get.” It was founded to save homeowners from default during the Great Depression.

In recent years, the F.H.A. has been increasing its participation in the market. After the mortgage crisis, traditional lenders withdrew from the business and borrowing to buy a home became much more difficult. The F.H.A., as well as Fannie Mae and Freddie Mac, have stepped in to fill that void. While Fannie and Freddie have tightened their loan standards, the F.H.A.’s underwriting requirements have remained liberal.

To receive F.H.A. backing on their loans, borrowers must have a credit score of at least 580 out of a possible 850, and they are required to put down at least 3.5 percent. F.H.A. allows the borrowers whose loans it insures to have a monthly housing debt payment of around 30 percent of their incomes.

Still, 40 percent of the 2010 loans in the F.H.A.’s insurance portfolio were made to borrowers whose total monthly debt payments were greater than 50 percent of their monthly incomes, the study found, a dangerous level.

F.H.A. does not adequately monitor the risks in the loans it backs, the study said. Moreover, it does not charge guarantee fees appropriately adjusted to reflect these risks. For example, the study notes that F.H.A. levies the same insurance premium for a borrower with a 3.5 percent down payment, a 580 credit score and a 50 percent total debt-to-income level as one who puts 20 percent down, has a 720 credit score and 25 percent debt-to-income.

The concentration of loans backed by the F.H.A. in areas of subpar family incomes is another warning flag, according to the study. Of the 2.4 million loans studied, some 44 percent were made to borrowers in ZIP codes where the median family income was below that of the corresponding metropolitan area. These loans will most likely generate foreclosure rates averaging 15 percent, the study concluded, well above the overall 9.6 percent average the F.H.A.’s auditor has projected for those years.

That so many F.H.A.-insured loans are going to at-risk families concerns Mr. Pinto. “The F.H.A.’s underwriting policies encourage low- and moderate-income families with low credit scores to make a risky financing decision,” he said, “one combining a low score with a 30-year loan term and a low down payment. This sets up for failure the very families and communities it is the F.H.A.’s mission to help.”

Because of the potential for borrower harm that Mr. Pinto sees in F.H.A.’s practices, he said the agency should reduce mortgage terms to 20 years, so that homeowners can build up equity more easily. Or the agency should insure loans only for borrowers who carry lower overall debt loads.

“The F.H.A. should set loan terms that help homeowners establish meaningful equity in their homes with the goal of ending their dependence on F.H.A. lending,” he said.

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North Korea Launches Rocket, Defying Likely Sanctions

SEOUL, South Korea — North Korea defied the likelihood of more sanctions by the United Nations Security Council to launch a rocket on Wednesday, demonstrating that the government of its new leader, Kim Jong-un, was pressing ahead to master the technology needed to deliver a nuclear warhead on intercontinental ballistic missiles.

The Unha-3, or Galaxy-3, rocket blasted off from the Sohae Satellite Launching Station in Tongchang-ri on North Korea’s western coast near China on Wednesday morning, a spokesman for South Korea’s Defense Ministry said.

“That’s all we can confirm right now,” the spokesman said, speaking on condition of anonymity until his government made an official announcement.

It was not immediately known whether the rocket has succeeded in fulfilling North Korea’s stated goal of putting a satellite into orbit.

North Korea has said its three-stage rocket would carry an earth-observation satellite named Kwangmyongsong-3, or Shining Star-3, and that it was exercising its right to peaceful activity in space.

But Washington and its allies have said they think that North Korea’s rocket program has less to do with putting a satellite into orbit than with developing a delivery vehicle for a nuclear warhead and trying to turn the country into a more urgent threat that Washington must deal with by offering diplomatic and economic concessions.

While North Korea may still have other technological thresholds to cross, like the miniaturizing of its nuclear weapons, a successful launching of a satellite into orbit would suggest that the country had overcome a major hurdle in its efforts to demonstrate its potential of mating its growing nuclear weapons program with intercontinental ballistic missile capability.

A failure would be an embarrassment for the young Mr. Kim, who has been struggling to establish himself a new North Korean leader hailed at home and feared abroad. Whether the launching was successful or not, Mr. Kim, by attempting a second rocket launching in the first year of his rule despite international condemnations, was dashing hopes among some analysts that he might soften North Korea’s confrontational stance. Instead, he was seen as intent on bolstering his father’s main legacy of nuclear weapons and long-range missile programs to justify his own hereditary rule.

Only Monday, it told the rest of the world that it had found a technical glitch with its rocket and needed until Dec. 29 to fix the problem and carry out the launch. . Outside analysts have been speculating what might be going on behind the dark cover North Korean engineers had put up around the launching pad to prevent United States spy satellites from watching.

“A successful test would raise as a top-line national security issue for the Obama administration the specter of a direct North Korean threat to the U.S. homeland,” Victor D. Cha and Ellen Kim wrote in a recent analysis posted on the Web site of the Center For Strategic and International Studies.

Mr. Kim hardly needed another failure. The North’s first rocket launched since he took over following the death of his father a year ago broke apart shortly after blast-off in April, forcing his regime to admit to the failure in front of the foreign journalists it had invited to watch the test. This time, North Korea did not invite foreign journalists. Nor did the government announce the launching plan to its domestic audience. South Korean officials said this suggested that the regime intended to cover it up if the satellite launching failed or declare the launching a success regardless of the outcome, as it had before.

The missile capabilities of a country as opaque as North Korea are notoriously hard to assess. United States and South Korean officials have said that all of the North’s four multiple-stage rockets previously launched have exploded in mid-air or failed in their stated goal of thrusting a satellite into orbit. Still, then-Defense Secretary Robert M. Gates said in early 2011 that North Korea was within five years of being able to strike the continental United States with an intercontinental ballistic missile.

Wednesday’s unusual winter-time rocket launching came five days before the one-year anniversary of the death of the Mr. Kim’s father, Kim, Jong-il, on Dec. 17, which his son tried to mark with a fanfare aimed at showcasing his dynasty’s achievement in empowering the small and impoverished nation.

It also came a week before its rival, South Korea, was scheduled to elect its new president on Dec. 19.

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California PUC Finalizing Free Cell Phone Service for the Poor

As noted by KGO, the California Public Utilities Commission (CPUC) intends to approve a free lifeline cell phone plan that benefits California‘s poor and homeless residents. Funding for initial setup will come from the federal government.

What are the initial details of the plan?

Qualifying Californians pay an initial $ 20 fee to sign up for a monthly cell coverage plan. It offers 250 free minutes as well as 250 free text messages. From then on, the minutes and message count refill every month as long as the participant qualifies for the program. Assured Wireless — the name of the plan devised by Virgin Mobile, KERN Radio notes — has proposed this coverage to the CPUC.

Unlike the landline lifeline service, which only reduces a phone bill, this cell phone service is actually free of charge for participants. The company notes that plan participants can pay extra for international calling and for the purchase of additional minutes. The phone is free and network service is provided by Sprint. It is not known at this time if paying cell phone service customers will be charged a surcharge or fee to fund the program.

Who benefits from the free cell phone service?

The Coalition on Homelessness notes that those living on the streets will see an immediate benefit. “It’s so huge if you’re living outside you can dial 9-1-1 in the middle of the night; if you need to get in touch with your loved ones, you have a phone, if you’re trying to get in touch with a potential employer,” the Coalition on Homelessness’ Jennifer Friedenbach explained. Low-income wage earners, too, benefit since they no longer have to take money from other budget line items to afford a cell phone.

What is the wage income maximum for a qualifying program participant?

Participants cannot earn more than about $ 15,000 per year to qualify for the free cell phone program.

Is this type of program new?

This is not a new program. There are already 36 states that offer cell phone lifeline programs. The California PUC has thus far been unwilling to approve the program for the State of California.

Why does California need free cell phone service in the first place?

Although the State of California does participate in the federal lifeline landline service via local phone service providers, the number of landlines in service has decreased by 43 percent since 2000. On the flipside, the number of cell phones in use has increased by 123 percent.

What do critics say?

As noted by KERN, there is a question of taxpayer and cell phone customer cost. In other states, Sprint contributes to the program. It then has the option of charging its paying customers a fee that funds the program.

What do proponents say?

As noted by 4-Traders, Assurance Wireless has crunched the numbers for the entire nation and purports, “If all 28.5 million adults eligible for Lifeline Assistance were to take advantage of the program and earn at the same rate and level as [the study] sample, it would result in $ 3.7 billion in fresh income for the poor and near poor.”

What happens next?

As noted by the San Francisco Chronicle, the CPUC has already approved the Golden State’s participation in the program. It now needs to work out the details of Assurance Wireless’ promotional programs to advertise the free cell phone service. Program finalization is tentatively set for two weeks from now.

Sylvia Cochran is a Los Angeles area resident with a firm finger on the pulse of California politics. Talk radio junkie, community volunteer and politically independent, she scrutinizes the good and the bad from both sides of the political aisle.

Wireless News Headlines – Yahoo! News

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Saints' suspensions tossed out in bounty case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tagliabue cleared Fujita of conduct detrimental to the league.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Smith said he was pleased that Tagliabue vacated his suspension.

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

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

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

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Rate of Childhood Obesity Falls in Several Cities

Jessica Kourkounis for The New York Times

At William H. Ziegler Elementary in Northeast Philadelphia, students are getting acquainted with vegetables and healthy snacks.

PHILADELPHIA — After decades of rising childhood obesity rates, several American cities are reporting their first declines.

The trend has emerged in big cities like New York and Los Angeles, as well as smaller places like Anchorage, Alaska, and Kearney, Neb. The state of Mississippi has also registered a drop, but only among white students.

“It’s been nothing but bad news for 30 years, so the fact that we have any good news is a big story,” said Dr. Thomas Farley, the health commissioner in New York City, which reported a 5.5 percent decline in the number of obese schoolchildren from 2007 to 2011.

The drops are small, just 5 percent here in Philadelphia and 3 percent in Los Angeles. But experts say they are significant because they offer the first indication that the obesity epidemic, one of the nation’s most intractable health problems, may actually be reversing course.

The first dips — noted in a September report by the Robert Wood Johnson Foundation — were so surprising that some researchers did not believe them.

Deanna M. Hoelscher, a researcher at the University of Texas, who in 2010 recorded one of the earliest declines — among mostly poor Hispanic fourth graders in the El Paso area — did a double-take. “We reran the numbers a couple of times,” she said. “I kept saying, ‘Will you please check that again for me?’ ”

Researchers say they are not sure what is behind the declines. They may be an early sign of a national shift that is visible only in cities that routinely measure the height and weight of schoolchildren. The decline in Los Angeles, for instance, was for fifth, seventh and ninth graders — the grades that are measured each year — between 2005 and 2010. Nor is it clear whether the drops have more to do with fewer obese children entering school or currently enrolled children losing weight. But researchers note that declines occurred in cities that have had obesity reduction policies in place for a number of years.

Though obesity is now part of the national conversation, with aggressive advertising campaigns in major cities and a push by Michelle Obama, many scientists doubt that anti-obesity programs actually work. Individual efforts like one-time exercise programs have rarely produced results. Researchers say that it will take a broad set of policies applied systematically to effectively reverse the trend, a conclusion underscored by an Institute of Medicine report released in May.

Philadelphia has undertaken a broad assault on childhood obesity for years. Sugary drinks like sweetened iced tea, fruit punch and sports drinks started to disappear from school vending machines in 2004. A year later, new snack guidelines set calorie and fat limits, which reduced the size of snack foods like potato chips to single servings. By 2009, deep fryers were gone from cafeterias and whole milk had been replaced by one percent and skim.

Change has been slow. Schools made money on sugary drinks, and some set up rogue drink machines that had to be hunted down. Deep fat fryers, favored by school administrators who did not want to lose popular items like French fries, were unplugged only after Wayne T. Grasela, the head of food services for the school district, stopped buying oil to fill them.

But the message seems to be getting through, even if acting on it is daunting. Josh Monserrat, an eighth grader at John Welsh Elementary, uses words like “carbs,” and “portion size.” He is part of a student group that promotes healthy eating. He has even dressed as an orange to try to get other children to eat better. Still, he struggles with his own weight. He is 5-foot-3 but weighed nearly 200 pounds at his last doctor’s visit.

“I was thinking, ‘Wow, I’m obese for my age,’ ” said Josh, who is 13. “I set a goal for myself to lose 50 pounds.”

Nationally, about 17 percent of children under 20 are obese, or about 12.5 million people, according to the Centers for Disease Control and Prevention, which defines childhood obesity as a body mass index at or above the 95th percentile for children of the same age and sex. That rate, which has tripled since 1980, has leveled off in recent years but has remained at historical highs, and public health experts warn that it could bring long-term health risks.

Obese children are more likely to be obese as adults, creating a higher risk of heart disease and stroke. The American Cancer Society says that being overweight or obese is the culprit in one of seven cancer deaths. Diabetes in children is up by a fifth since 2000, according to federal data.

“I’m deeply worried about it,” said Francis S. Collins, the director of the National Institutes of Health, who added that obesity is “almost certain to result in a serious downturn in longevity based on the risks people are taking on.”

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DealBook: HSBC to Pay $1.92 Billion to Settle Money Laundering Charges

Federal and state authorities announced on Tuesday that they had secured a record $1.92 billion payment from HSBC to settle charges that the British banking giant transferred billions of dollars for sanctioned nations, facilitated Mexican drug cartels to launder tainted money and worked with Saudi Arabian banks with ties to terrorist organizations.

The case, a major victory for the government, represents the conclusion of a multi-agency investigation. It convened the Justice Department, the Manhattan district attorney’s office, bank regulators and the Treasury Department.

In a filing in Federal District Court in Brooklyn, federal prosecutors said the bank had agreed to enter into a deferred prosecution agreement and to forfeit $1.26 billion. The four-count criminal information filed in the court charged HSBC with failure to maintain an effective anti-money laundering program, failure to conduct due diligence on its foreign correspondent affiliates and violating sanctions and the Trading With the Enemy Act.

“HSBC is being held accountable for stunning failures of oversight – and worse – that led the bank to permit narcotics traffickers and others to launder hundreds of millions of dollars through HSBC subsidiaries, and to facilitate hundreds of millions more in transactions with sanctioned countries, ” Lanny A. Breuer, the head of the Justice Department’s criminal division, said in a statement.

At a news conference in Brooklyn, Mr. Breuer defended the decision to not indict the bank, calling the action “a very just, very real and very powerful result.”

The deal, which required the bank to admit to the accusations, lasts for five years. If the bank violates the terms of the agreement, prosecutors can move to indict the bank.

In addition to forfeiting the $1.26 billion, HSBC agreed to pay the Office of the Comptroller of the Currency announced $500 million as part of a civil penalty against the bank, while the Federal Reserve assessed a $165 million civil penalty.

HSBC also entered in a deferred prosecution agreement with the Manhattan district attorney’s office, admitting that it violated New York State law by falsifying the records of New York financial institutions.

The Manhattan district attorney, Cyrus R. Vance Jr., said in a statement: “New York is a center of international finance, and those who use our banks as a vehicle for international crime will not be tolerated.”

In a statement, Stuart Gulliver, the chief executive of HSBC, said: “We accept responsibility for our past mistakes. We have said we are profoundly sorry for them, and we do so again. The HSBC of today is a fundamentally different organization from the one that made those mistakes.”

The turmoil at HSBC is playing out amid a broad crackdown on foreign by federal and state authorities to stanch the flow of illegal money across the world. The officials have been working to clamp down the financing pipeline to cartels and terrorist organizations.

For the most part, though, the investigations have centered on so-called sanctions violations. In June, the ING Group reached a $619 million settlement with government authorities to resolve accusations that it had moved billions of dollars through its United States subsidiaries for rogue nations like Iran.

In the latest action, federal and state authorities reached a $327 million agreement with another British bank, Standard Chartered, on Monday. The bank admitted to processing thousands of transactions worth hundreds of millions of dollars for Iranian and Sudanese clients.

Beyond the sanctions violations at HSBC, prosecutors unearthed evidence that the bank enabled Mexican drug cartels to launder money into the American financial system.

Problems for HSBC mounted in July when the Senate Permanent Subcommittee on Investigations accused the bank of exposing the United States “financial system to money laundering and terrorist financing risks.”

At the upper echelons of the organization, the Senate report found, some bank executives had ignored warning signs and permitted the illegal behavior to continue unabated from 2001 to 2010.

The original problems began when agents with Immigration and Customs Enforcement spotted questionable trails of money between HSBC’s Mexican and United States operations.

Despite a chorus of warnings from federal banking regulators about the vulnerability of HSBC’s operations throughout the world, the bank didn’t fortify its controls, the Senate report found.

One of HSBC’s branches in the Cayman Islands, the Senate report said, had virtually no oversight despite holding roughly 50,000 client accounts.

Alarmed, a compliance officer complained, Senate investigators found, and asked whether practices at the bank were part of “the School of Low Expectations Banking.”

Particularly concerning to prosecutors was the seeming complicity of senior bank executives, according to law enforcement officials briefed on the matter.

For example, an HSBC executive rallied for the firm to continue dealings with Al Rajhi Bank of Saudi Arabia, even though some of the owners of the firm had substantive links to the financing of terrorism, according to the report.

HSBC’s Mexican operations moved at least $7 billion from 2007 to 2009 into the United States. Such a large volume of money, law enforcement authorities warned, had to include “drug proceeds.”

In July at the Congressional hearings, HSBC executives vowed to reform. As part of that, David Bagley, who served as head of compliance at the British bank since 2002, announced his resignation during the hearings.

HSBC has since on a hiring spree, fortifying its ranks with seasoned executives. On Tuesday, prosecutors praised those efforts, noting that the bank cooperated with the investigation

HSBC brought in Stuart A. Levey as chief legal officer in January. Mr. Levey, a former under secretary at the Treasury Department who focused on terrorism and financial intelligence, has been working out new internal standards that span the company for monitoring and policing the movement of money. In August, the bank hired Robert Werner, who formerly oversaw the group at the Treasury Department that enforces sanctions. In its latest move to improve controls, HSBC promoted Mr. Warner on Tuesday to oversee a special unit dedicated to anti-money laundering.

William Alden and Ben Protess contributed reporting.

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Morsi Spokesman Tries to Clarify Military Order

Petr David Josek/Associated Press

Demonstrators camping out in Cairo's Tahrir Square on Monday.

CAIRO — A day after President Mohamed Morsi formally directed the military to help keep public order and authorized soldiers to arrest civilians, a spokesman on Monday sought to draw distinctions between the order and the forms of martial law that the Egyptian Army had previously imposed.

The spokesman, Khaled al-Qazzaz, said the president empowered the military for the limited purpose of protecting polling stations during Saturday’s constitutional referendum. He also said the president had instructed the army to refer any civilians arrested by soldiers to a civilian court for trial, instead of military tribunals, reversing the blanket authorizations that the Egyptian military has long demanded when it takes on a policing role in the streets.

“This is very different from what happened under the SCAF,” said Mr. Qazzaz, referring to the Supreme Council of the Armed Forces, which ruled Egypt after President Hosni Mubarak was ousted and until Mr. Morsi took office. “There will be no military trials.”

But Heba Morayef, a researcher with Human Rights Watch, noted that the text of the order allowed the military to keep taking civilians to military courts. “Had he wanted to,” Ms. Morayef said, “President Morsi could have stipulated that the military’s jurisdiction would have been limited in this case and that every civilian will be referred to a civilian court, but he chose not to.”

Mr. Morsi’s latest assurances were unlikely to comfort his growing cast of opponents, who have taken to the streets in large numbers repeatedly since late November, when he issued a decree putting his decisions above the law. The president was forced to rescind most of his decree, but he has not budged on a central opposition demand: that he cancel the Saturday referendum on the constitutional draft.

Faced with the possibility of the vote, Egypt’s opposition parties on Monday were weighing their approach to the referendum and said they would continue to hold large protests. The biggest opposition coalition, the National Salvation Front, said it would announce Tuesday whether it would call for a boycott of the referendum, or instead urge the public to vote down the draft charter, which opposition groups have criticized as deeply flawed and written by a panel representing narrow, Islamist interests.

There appeared to be divisions and flux within the opposition. On Sunday, the opposition used language that seemed to favor a boycott, saying in a statement that it rejected “lending legitimacy to a referendum that will definitely lead to more sedition and division.” But in an interview broadcast Monday, the coalition’s coordinator, Mohamed ElBaradei, said, “We might go to the vote.”

During the interview with Christiane Amanpour of CNN, Mr. ElBaradei, the former chief of the International Atomic Energy Agency, urged Mr. Morsi to delay the referendum for a few months, saying that the draft constitution — a “sham,” he called it — did not adequately protect women, freedom of expression or religion.

Mr. ElBaradei asserted that at least half of the country harbored similar reservations about the charter, and insisted that the opposition’s tactics — holding large protests and raising the possibility of a boycott — were not just obstructionism by groups who have struggled to mount a credible challenge to the better-organized Islamist groups.

“We are at a cross in the road,” he said. “It’s not that we’re fighting for the sake of fighting. It’s not that we’re sore losers.”

Mr. ElBaradei left open several possible courses of action, including a boycott. “If need be, we probably will go to the polls and make sure the document will not pass. Even if it will pass, we will continue to fight.”

There were other signs of momentum toward a highly contested vote on Saturday. The April 6th Revolutionary Youth Group, which is not a member of the coalition but coordinates activities with the National Salvation Front, began a campaign urging a no vote, called “Your Constitution does not represent us.”

A group representing administrative court judges said its members would supervise the referendum, under certain conditions, demanding a secure environment and even life insurance policies for judges, possibly smoothing the way for a credible contest. Other judges’ groups have said they would boycott the vote. A spokesman for the Muslim Brotherhood, the Islamist party that forms the primary base of Mr. Morsi’s support, said on Monday that they believed a sufficient numbers of judges had agreed to supervise the polls, ensuring that the vote could go forward.

Mayy El Sheikh contributed reporting from Cairo.

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