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First Draft: Texas Judge Recites State’s History of Discrimination

Written By Unknown on Jumat, 10 Oktober 2014 | 13.07

Texas Judge Recites State's History of Discrimination

A federal judge provided a scathing reminder of Texas' history of discrimination against blacks and Hispanics in striking down the state's voter identification law on Thursday evening. She had plenty of room to do it: Her opinion ran to almost 150 pages.

Most memorably, the judge, Nelva Gonzales Ramos, of the United States District Court for the Southern District of Texas, in Corpus Christi, said the law amounted to a poll tax.

In Texas, a poll tax was ultimately ruled unconstitutional in 1966. But for much of the 20th century, the state required that voters pay a $1.50 tax as a prerequisite for voting, a practice that suppressed the black vote well below the participation of whites at the polls. The State Legislature, in losing the poll tax, passed a requirement that voters had to reregister to vote every year, a measure that Judge Ramos characterized as a "poll tax without the tax." It was ruled unconstitutional in 1971.

She also pointed to Waller County, home to Prairie View A&M University, a historically black college. The county's voter registrar prohibited the university's students from voting unless they or their families owned property there. And she described how Texas had been found, in every redistricting cycle since 1970, to have violated the Voting Rights Act.

"This history describes not only a penchant for discrimination in Texas with respect to voting," Judge Ramos wrote, "but it exhibits a recalcitrance that has persisted over generations despite the repeated intervention of the federal government and its courts on behalf of minority citizens."

The Texas attorney general's office said it would appeal Judge Ramos's ruling "to avoid voter confusion in the upcoming election."


13.07 | 0 komentar | Read More

Bits Blog: Microsoft’s Nadella Backtracks From Comment on Women’s Pay

Photo Satya Nadella, the chief executive of Microsoft, suggested that women who didn't ask for more money from their employers would be rewarded in the long run when their good work was recognized.Credit Saul Loeb/Agence France-Presse — Getty Images

If you are a man speaking at a conference celebrating women in computing, it is probably all right to flatter the largely female audience members by telling them they possess "superpowers."
It is probably unwise, though, to imply that they should avoid asking for a pay raise.

Just ask Satya Nadella.

Mr. Nadella, the chief executive of Microsoft, suggested on Thursday that women who do not ask for more money from their employers would be rewarded in the long run when their good work was recognized. The comments, made at the Grace Hopper Celebration of Women in Computing in Phoenix, drew swift and negative responses on Twitter.

Mr. Nadella's comments come at a time when the tech industry, long viewed as unfriendly to potential employees who are women or minorities, has started to work toward diversifying its work force. Microsoft and other companies have sought to support organizations that encourage women to study technology in college.

Several hours after his onstage conversation was over, Mr. Nadella took to Twitter to backtrack from his comment, suggesting that tact — at least on Thursday — was not one of his own superpowers. A company spokesman said Mr. Nadella had commitments immediately after he left the stage that prevented him from responding earlier.

"Was inarticulate re how women should ask for raise," he wrote in a Twitter post. "Our industry must close gender pay gap so a raise is not needed because of a bias."

Mr. Nadella went further in an email to Microsoft employees on Thursday night, saying "I answered that question completely wrong."

He added: "If you think you deserve a raise, you should just ask."

Mr. Nadella's initial comment came during a conversation with Maria M. Klawe, the president of Harvey Mudd College and a Microsoft board member. During the discussion, she prompted Mr. Nadella for advice for women who are uncomfortable seeking promotions and career advancement.

Mr. Nadella said his own thinking on the matter had been influenced by Mike Maples, a former Microsoft executive, who had a memorable saying about how human resources systems were inefficient in the short term and efficient in the long term.

"It's not really about asking for the raise, but knowing and having faith that the system will actually give you the right raises as you go along," Mr. Nadella said, according to a webcast of the event.

But then he continued: "That, I think, might be one of the additional superpowers that, quite frankly, women who don't ask for a raise have. Because that's good karma. It'll come back because somebody's going to know that's the kind of person that I want to trust. That's the kind of person that I want to really give more responsibility to. And in the long-term efficiency, things catch up."

Mr. Nadella is not known for being tone deaf on women's issues. At the beginning of the discussion on Thursday, Dr. Klawe, a prominent advocate for women in tech, said she "adored" Mr. Nadella, calling him "amazing" and saying she loved him. For most of his time on stage discussing a wide range of issues, the audience seemed to approve, applauding frequently.

After Mr. Nadella made the statement about pay raises, Dr. Klawe politely told him that "this is one of the very few things I disagree with you on." Her comment was followed by a round of applause from the audience.

Men far outnumber women at large tech companies. Last week, Microsoft reported that 29 percent of its global work force was female. That ratio is roughly in line with other big technology companies like Google, Twitter and Yahoo, which reported their figures earlier this year.

Even with that imbalance in the work force, the pay gap between men and women in some parts of technology is not as pronounced as it is in other industries. According to data from Claudia Goldin, a Harvard University labor economist, female computer scientists make 89 percent of what men in the same occupation make, controlling for age, race, hours and education. Women in finance earn 66 percent of what men make and those in medicine earn 71 percent.

Her analysis included technology jobs in a wide variety of industries, not just in Silicon Valley. When Dr. Klawe responded to Mr. Nadella's comment about raises, she described her discomfort negotiating her own salary.

When she was offered the position of dean of engineering at Princeton, Dr. Klawe said, she began discussing her salary only after accepting the job. The result, she estimated, was that she received about $50,000 less a year than she should have. Dr. Klawe said she had also handled her pay discussions with Harvey Mudd poorly, saying that she did not protest when she was offered less money than she thought appropriate.

"Do not be as stupid as I was," she said, advising the audience to role-play with others before discussing compensation with potential employers.

Here's the webcast of the event. (Mr. Nadella's remarks on pay begin at about 1:35:00.)


13.07 | 0 komentar | Read More

DealBook: Obama Had Security Fears on JPMorgan Data Breach

Written By Unknown on Kamis, 09 Oktober 2014 | 13.07

Photo The headquarters of JPMorgan Chase in New York.Credit Mike Segar/Reuters

Updated, 9:57 p.m. | President Obama and his top national security advisers began receiving periodic briefings on the huge cyberattack at JPMorgan Chase and other financial institutions this summer, part of a new effort to keep security officials as updated on major cyberattacks as they are on Russian incursions into Ukraine or attacks by the Islamic State.

But in the JPMorgan case, according to administration officials familiar with the briefings, who would not speak on the record about intelligence matters, no one could tell the president what he most wanted to know: What was the motive of the attack? "The question kept coming back, 'Is this plain old theft, or is Putin retaliating?' " one senior official said, referring to the American-led sanctions on Russia. "And the answer was: 'We don't know for sure.' "

More than three months after the first attacks were discovered, the source is still unclear and there is no evidence any money was taken from any institution.

But questions are being asked across Wall Street as other targets emerge. The F.B.I., after being contacted by JPMorgan, took the I.P. addresses the hackers were believed to have used to breach JPMorgan's system to other financial institutions, including Deutsche Bank and Bank of America, these people said. The purpose: to see whether the same intruders had tried to hack into their systems as well. The banks are also sharing information among themselves.

In all, the authorities believe that the hackers may have tried to infiltrate about a dozen financial institutions, said one of the people briefed on the matter. Fidelity Investments and E*Trade are among those institutions that law enforcement officials believe were victimized in some way by the attacks, the person said.

While Deutsche Bank and Bank of America scanned their systems, the people said, they did not find any evidence that the hackers had tried to get in.

Adam Banker, a Fidelity spokesman, said, "We have no indication that any Fidelity customer sites, accounts, information, services or systems were affected by this matter." E*Trade had no comment.

Separately, at least five other banks — ADP, Bank of the West, Citigroup, HSBC and Regions Financial — found that one of the same web addresses used to penetrate JPMorgan had tried to get into their systems, people briefed on the matter said. But those companies may not necessarily be the focus of law enforcement.

Photo The headquarters of Citigroup in New York, HSBC in London and Regions Financial in Birmingham, Ala.Credit Mario Tama/Getty Images; Ben Stansall/Agence France-Presse -- Getty Images; Bernard Troncale/The Birmingham News, via Associated Press

Citigroup and the Bank of the West declined to comment. Robert Sherman, an HSBC spokesman, said the bank "takes its security and the security of its customer information very seriously," adding, "We continue to monitor the situation closely, and are in touch with law enforcement and financial industry groups that collect and communicate cybersecurity information."

Jim Duffy, an ADP spokesman, said the payroll processing firm had "observed Internet-based traffic from those criminals allegedly reported" to have hacked into JPMorgan. But he added that ADP had not "observed any issues associated with such scanning of our defenses." Regions said in a statement that it "consistently monitors for any unusual activity. At this point, we have no evidence of any breach."

The other companies' names could not be learned Wednesday.

JPMorgan has said that the attackers obtained names and some email addresses but did not penetrate enough to get account information, and that there was no evidence of any illicit movement of money across the 76 million affected households.

The F.B.I. has begun a criminal inquiry into the attacks, and the Secret Service has been involved as well. But the scale and breadth of the attacks — and the lack of clarity about the hackers' identity or motive — show not only the vulnerability of the most heavily fortified American financial institutions but also the difficulty, despite billions of dollars spent in detection technology, in finding the sources of attack.

And because it is so difficult to trace an attack to its source, it is next to impossible to deter one, security industry experts said.

"People don't pay a price for attacks," the director of the National Security Agency, Adm. Michael S. Rogers, said in an interview this year. "It's one of our biggest challenges."

Adm. Michael S. Rogers, the director of the National Security Agency, on cybersecurity.

Other questions are being asked about what the obligation of financial institutions to report such attacks should be. A number of state attorneys general, led by Lisa Madigan of Illinois and George Jepsen of Connecticut, have opened investigations into the JPMorgan breach, according to the people briefed on the matter. The inquiries are looking at whether the bank, the nation's largest, alerted customers in a timely matter. A prolonged delay between when the bank learned that vast stores of information were pilfered and when it alerted customers could put consumers at risk, the people said.

Under federal and state law, JPMorgan did not have to alert customers about the breach because it had determined that only contact data was breached.

Prosecutors in Ms. Madigan's office were discussing whether to seek an update to a 2006 Illinois law that requires companies to alert consumers in a timely fashion if their financial information — including Social Security and account numbers — are taken. The debate now, the people said, is whether the law should also include notification requirements when hackers take nonfinancial information like email addresses.

"We communicated to customers repeatedly that we had been breached and hadn't seen unusual fraud levels related to this — first in August, again in mid-September, and most recently last week," said Patricia Wexler, a JPMorgan spokeswoman. "We were careful to get far enough along in our internal investigation to have the most complete information, and wanted to be sure we could confidently say no financial information had been compromised."

On Tuesday, the offices of Ms. Madigan and Mr. Jepsen held a call with officials at JPMorgan to discuss the attack, the people said. Since the breach at Target last year, prosecutors from both states have been holding monthly calls — part of a broader privacy task force.

The data breach at JPMorgan Chase was among "the most troubling breaches ever," Ms. Madigan said, adding that it proved "there is probably no database that cybercriminals cannot compromise."

JPMorgan has repeatedly said that none of the information taken — names, phone numbers, addresses and emails — has led to any episodes of fraud. Furthermore, it said that no money was stolen from customer accounts.

But security consultants caution that email addresses may be enough information for hackers to engage in "phishing" expeditions to trick customers into providing them with additional personal information.

The breach is under investigation by Preet Bharara, the United States attorney in Manhattan, according to a person briefed on the matter.

But actually finding the perpetrators of the attack is a daunting task. Thomas G. A. Brown, a senior managing director with FTI Consulting, knows firsthand the difficulty of tracking overseas criminals and bringing them to justice.

Until recently, Mr. Brown was chief of the computer and intellectual property crime unit of the United States attorney's office in Manhattan. Mr. Brown oversaw the indictment of Aleksandr Kalinin, a Russian national charged with hacking into some of the computer systems of the Nasdaq stock market in 2011. Mr. Kalinin remains at large.

Referring to the challenges of piecing together a portrait of the attackers, Mr. Brown said: "It's not the equivalent of gunshots being fired, a body on the street, and witnesses who see a person with a gun running away."

The search to determine exactly what the hackers took, and why, gained even more urgency last week, according to several people briefed on JPMorgan's internal investigation. The breach, discovered this summer, was far more extensive than the bank originally realized.

This summer, some investigating it put the number of compromised accounts at around one million, according to two people briefed on the bank's internal investigation. By last week, as the investigation continued, the people said, that number had multiplied exponentially. Bank executives relayed the new details — 76 million households compromised — to its board.

Other disclosures have been more subtle. In a regulatory filing in August, as the bank grappled with the breach, JPMorgan said its board and audit committee "are regularly apprised" of significant cybersecurity events. That language did not appear in an earlier filing from 2013 or in an earlier quarterly report.

The scale of the intrusion and the fact it went undetected for about three weeks has led some to question whether JPMorgan, which has offices around the world and more than 260,000 employees, is "too big to secure."

Matthew Goldstein and Nicole Perlroth contributed reporting.

A version of this article appears in print on 10/09/2014, on page A1 of the NewYork edition with the headline: Obama Had Security Fears on JPMorgan Breach .


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DealBook: Chinese Return to the Waldorf, With $2 Billion

Photo In the Waldorf Astoria's earlier glory days, Henry Kissinger is flanked by Deng Xiaoping, right, and Qiao Guanhua in 1974.Credit John Sotomayor/The New York Times

After President Richard Nixon's historic opening to China, Deng Xiaoping, the vice premier and eventual paramount leader of this country, made his first trip to the United States for a meeting at the United Nations in the spring of 1974.

He stayed in Midtown Manhattan at the regal Waldorf Astoria hotel, where Secretary of State Henry A. Kissinger hosted a banquet for Mr. Deng and other dignitaries.

Forty years later, an obscure Chinese insurance company is now buying the landmark hotel with plans to restore the 83-year-old Art Deco building to its original splendor.

Started just a decade ago, the company, the Anbang Insurance Group, has managed to build up the capital and connections to broker the largest deal ever by a Chinese investor for an American building, agreeing to pay $1.95 billion for the 47-story tower owned by Hilton Worldwide Holdings. The record purchase reflects the growing global influence of China's business elite. When Mr. Deng introduced radical reforms in the late 1970s, he paved the way for a generation of private companies to help spur the Chinese economy to new heights. Today, such businesses, along with the state-owned giants, are behind a surge in overseas investments.

The broad push is being led by China's richest and most powerful companies like Alibaba, Baidu, Huawei, and Wanda, the property developer that owns the AMC movie theater chain. But younger companies like Anbang Insurance, with deep pockets, mysterious owners and significant political clout, are increasingly jumping into the fray. Anbang is controlled, in part, by the members of China's ruling class, relatives of some of the Communist revolutionary leaders who took control of the country in 1949, among them Mr. Deng's grandson-in-law.

Authorities in Beijing have encouraged companies to look beyond their borders to improve their capabilities and acquire new technologies. As growth flags at home, overseas investments also offer the opportunity for Chinese companies to earn hefty returns.

"Chinese investors have been on a buying binge," said Jonathan J. Miller, the chief executive of Miller Samuel Inc., a real estate appraisal and consulting firm. "It's emblematic of this global shift of wealth to Asia."

While global companies have welcomed the flood of money, the deal-making has also been greeted by skepticism. Given the overarching influence of the Chinese government on private business, such deals have raised concerns at times. The Chinese push into the global markets has quickly evolved in the past decade from investing largely in mines and building materials to buying up luxury villas, French vineyards and world-class hotels. Although the Chinese like to bargain, they are often willing to pay top dollar for trophy assets, particularly when they go abroad.

In the past two years, Chinese businessmen have been snapping up iconic properties in the world's biggest cities, including the Lloyd's of London building, as well as the General Motors building and One Chase Manhattan Plaza in New York. A Shanghai-based developer, the Greenland Group, owns 70 percent of Brooklyn's $5 billion Atlantic Yards project.

The real estate deals have prompted comparisons to the wave of purchases by Japanese investors in the 1980s. Back then, many players got burned when the American economy sputtered.

Photo The landmark Waldorf-Astoria hotel in Manhattan is being bought by Anbang Insurance Group, a Chinese company.Credit Justin Lane/European Pressphoto Agency

And like Japanese investors in the 1980s, Chinese buyers today have helped to push up the price tag for iconic buildings in the market, said Woody Heller, group head of the Savills Studley Capital Transactions Group. But, he added, "by definition there is a premium, people are willing to pay extra to get the pleasure of saying 'I own that.'" Even in China, though, Anbang is hardly a household name.

The company was founded in 2004 as a privately-owned property and casualty insurer in the eastern Chinese city of Ningbo, near Shanghai. Seed capital for the insurer came from two of China's biggest state-owned companies, Sinopec, a national oil giant, and Shanghai Automotive, one of the biggest automakers.

But Anbang is highly connected.

Anbang's chairman is Wu Xiaohui, who married the granddaughter of Mr. Deng, who died in 1997. One of Mr. Wu's other companies once formed a partnership with New Horizon Capital, a big private equity firm co-founded by Wen Yunsong, the son of former prime minister Wen Jiabao, according to public filings and a report in Caixin, a Chinese business magazine.

The insurer's board of directors includes Chen Xiaolu, a former officer in the People's Liberation Army and the son of Marshall Chen Yi, a revolutionary military commander with Mao Zedong and who later served as mayor of Shanghai and, between 1958 and his death in 1972, as China's foreign minister.

Anbang is one of the few privately-controlled insurers that has been allowed to grow into a financial services conglomerate, getting a license to move into life insurance, asset management and banking. The company, started with about $75 million in 2004, now has 30,000 employees and more than $100 billion in assets, including a gleaming headquarters office tower in central Beijing.

Analysts say that Anbang has grown rapidly by offering investment-style insurance products with higher interest rates than regular bank deposits, and by plowing much of its capital into expanding its businesses. After insurance regulators loosened investment rules for companies, Anbang started scooping up huge plots of land in Beijing and other big cities and taking stakes in some of the country's largest banks, including China Merchants Bank and Minsheng Bank.

Photo The lobby of the Waldorf Astoria. Hilton Worldwide Holdings, which is selling the hotel, will continue to manage it.Credit Mark Lennihan/Associated Press

Chinese regulators have also allowed insurers to invest more of their money overseas, which has led to a flurry of deals from big Chinese insurers like China Life and Ping An. But several analysts said they were surprised to find that Anbang — which was once ranked No. 28 in life insurance premiums and was recently ranked No. 8 in the nation — can afford to buy the Waldorf Astoria for $1.95 billion.

"Chinese insurance firms are now stepping up their global investments, and commercial real estate in developed markets such as the U.S. fit their risk-averse profile," said Thilo Hanemann, director of research on cross-border investments for the Rhodium Group, a consultant group based in New York.

A person who answered the telephone at Anbang's headquarters said the company's executives were not available for comment Wednesday.

The Waldorf Astoria marks Anbang's first major foray into the United States. Opened in 1931 by the Astor family, the Waldorf, which was later taken over by Conrad N. Hilton, has been the hotel of choice for world leaders visiting when the United Nations is in session and even for United States presidents like Barack Obama who stayed this year. Hilton, which will continue to operate the property, indicates that Anbang will invest more money to renovate the 1,413-room hotel, once the largest in the world.

The Waldorf Astoria also holds special significance in the history of United States-China relations. Every Chinese leader since Mr. Deng has stayed there, including former presidents Jiang Zemin and Hu Jintao. More recently, investors lined up outside the Waldorf Astoria to listen to Jack Ma, the chairman of the Alibaba Group, just before his company went public in the largest initial public offering in history.

Back on April 14, 1974, Mr. Deng seemed to enjoy his first visit to New York. On that evening, at the Waldorf just after 8 p.m., Dr. Kissinger hosted Mr. Deng and other Chinese officials in his hotel suite, 35A. There he made repeated toasts to Mr. Deng, as the Chinese are fond of doing, with a high alcohol-content liquor made from sorghum, called Maotai.

"I think if we drink enough Maotai, we can solve anything," Dr. Kissinger said to Mr. Deng, according to a transcript of the conversation that was later published. To which Mr. Deng replied, "Then when I go back to China, I must increase production of it."

Alexandra Stevenson contributed reporting from New York.

A version of this article appears in print on 10/09/2014, on page A1 of the NewYork edition with the headline: Chinese Return to the Waldorf, With $2 Billion .


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ArtsBeat: Award-Winning Broadway Musical ‘Once’ to Close in January

Written By Unknown on Rabu, 08 Oktober 2014 | 13.07

The hit Broadway musical "Once," which won the Tony Award for best musical in 2012, will close on Jan. 4 after a nearly three-year run, the producers announced on Tuesday.

A romantic tale about a young Irishman and a Czech woman who grow close over a few days' time in Dublin, "Once" turned a profit faster than most Broadway shows after earning back its $5.5 million capitalization in less than six months after performances began in February 2012. The show had strong reviews going for it, as well as appealing lead performances in its first year by Steve Kazee, who won the Tony for best actor, and Cristin Milioti, who was nominated for a best actress Tony. The show won eight Tonys over all, including for best book for Enda Walsh and best director for John Tiffany. The musical was based on the 2006 film of the same name; both the show and the movie featured music and lyrics by Glen Hansard and Marketa Irglova.

Ticket sales for "Once" began to slide this year, with the show facing stiff competition from newer, popular musicals like "Kinky Boots," "Matilda the Musical," and "Beautiful: The Carole King Musical." Late last month "Once" grossed less than $400,000 in ticket sales for the first time in its run.

By the time "Once" closes, the musical will have played 22 preview performances and 1,167 regular performances. Other productions of "Once" include a London run and a United States tour of the show. The next tenant for "Once's" house, the Jacobs Theater, a prime spot on Broadway, has yet to be announced.


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DealBook: Big Banks Face Another Round of U.S. Charges

Written By Unknown on Selasa, 07 Oktober 2014 | 13.07

Photo Attorney General Eric H. Holder Jr. at the Justice Department in Washington.Credit Susan Walsh/Associated Press

The Justice Department is preparing a fresh round of attacks on the world's biggest banks, again questioning Wall Street's role in a broad array of financial markets.

With evidence mounting that a number of foreign and American banks colluded to alter the price of foreign currencies, the largest and least regulated financial market, prosecutors are aiming to file charges against at least one bank by the end of the year, according to interviews with lawyers briefed on the matter. Ultimately, several banks are expected to plead guilty.

Interviews with more than a dozen lawyers who spoke on the condition of anonymity to discuss private negotiations open a window onto previously undisclosed aspects of an investigation that is unnerving Wall Street and the defense bar. While cases stemming from the financial crisis were aimed at institutions, prosecutors are planning to eventually indict individual bank employees over currency manipulation, using their instant messages as incriminating evidence.

The charges will most likely focus on traders and their bosses rather than chief executives. As a result, critics of the Justice Department might view the cases as little more than an exercise in public relations, a final push to shape the legacy of Attorney General Eric H. Holder Jr., who was blamed for a lack of criminal cases against Wall Street executives.

Yet the breadth of the suspected wrongdoing in the currency inquiry — Deutsche Bank, Citigroup, JPMorgan Chase, Barclays and UBS are among the dozen or so banks under investigation — might distinguish it from the piecemeal nature of the crisis-era investigations.

And prosecutors are testing a new negotiating tactic, two lawyers said, using the currency investigation as a cudgel to potentially reopen other cases. Arguing that the misconduct would violate earlier settlements involving interest rate manipulation, prosecutors have threatened to impose new penalties in the interest rate cases.

Those interest rate cases, which have already led to settlements with five banks and laid the groundwork for the currency investigation, are experiencing something of a resurgence. For one thing, prosecutors are preparing additional charges against at least one trader suspected of manipulating the London interbank offered rate, or Libor, a benchmark that underpins the cost of trillions of dollars in credit card, mortgage and other loans.

Credit Aaron Byrd/The New York Times

Some banks also remain under investigation. In the last major rate-rigging case against a bank, prosecutors are discussing the possibility of forcing Deutsche Bank or one of its subsidiaries to plead guilty to manipulating Libor, the lawyers said. The lawyers added that the German bank's New York branch faces a separate action from Benjamin M. Lawsky, New York State's banking regulator, who until now has sat out the Libor settlements.

A spokeswoman for Deutsche Bank said the bank was "cooperating in the various regulatory investigations and conducting its own ongoing review into the interbank offered rates matters," adding that "no current or former member of the management board had any inappropriate involvement."

The Justice Department's focus on financial misdeeds comes at a time of transition; top prosecutors are leaving its criminal division, which is handling the benchmark investigations along with the antitrust division. And for Mr. Holder, entering his final weeks at the Justice Department, the cases offer a last opportunity to address public and political complaints that prosecutors have gone soft on Wall Street.

He has sought to swing the tide through a series of recent cases: record fines against JPMorgan Chase and Bank of America and guilty pleas from Credit Suisse and BNP Paribas.

The public lust for charges is at odds with the view on Wall Street, where bankers and lawyers report fatigue with what seems like unrelenting investigations. With each inquiry, the fines have multiplied, stretching to nearly $17 billion for Bank of America.

And the scrutiny could drag on for years. The Justice Department, lawyers said, has widened its focus to include a criminal investigation into banks that set an important benchmark for interest rate derivatives, a previously unreported development that coincides with international regulators' proposing overhauls to the rate-setting process.

The flurry of activity strikes at the heart of Wall Street's role in setting benchmarks across the globe. The investigations suggest that banks, seeking to benefit their own trades, have compromised the sanctity of rates like Libor and the "4 p.m. London fix" for currencies, which investors use to value their positions.

As the currency investigation gains momentum, it is unclear which bank will settle first or which will plead guilty. As was the case in the Libor investigation, lawyers said, UBS was accepted into the antitrust division's leniency program in exchange for its cooperation, though it still faces an action from the criminal division. Several banks, including at least one American bank, are expected to plead guilty.

Prosecutors have explained publicly that banks would earn credit for exposing their misbehaving employees or face charges for protecting them. Already, banks have fired or suspended about 30 employees linked to the currency investigation, although no one has been accused of wrongdoing.

While prosecutors are aiming to bring at least one currency case this year, the heavy workload could delay action until early next year. The pace also could stall as prosecutors seek to coordinate with the Commodity Futures Trading Commission, Mr. Lawsky and federal banking regulators.

In Britain, however, regulators are nearing a settlement with several banks in the currency case. The Financial Conduct Authority of Britain met last month with six banks — Citigroup, JPMorgan, Barclays, UBS, the Royal Bank of Scotland and HSBC — to discuss the contours of a collective settlement that it plans to announce this fall.

Those banks are not necessarily the most culpable, but rather the ones most willing to reach a settlement. While American prosecutors have not ruled out joining a global settlement, lawyers said, such a move appears unlikely.

Altogether, the British regulator could collect fines that total up to $3.3 billion, people briefed on that settlement said. Of the six banks, one person said, the size of Citigroup's payout is expected to fall in the middle.

Banks are eager to put the case behind them as they prepare to submit their capital plans to the Federal Reserve. Under the Fed's rules, the banks must set aside enough cash to cover a potential settlement, which can become an expensive guessing game without clarity from prosecutors.

At Deutsche Bank, facing both Libor and currency investigations, there is growing momentum to resolve at least one of them. In the Libor case, prosecutors have begun to coordinate with the bank's American regulators, including Mr. Lawsky, about the fallout from a potential guilty plea for the bank or one of its subsidiaries, lawyers said. That planning reflects a desire to criminally punish the bank without imperiling its ability to operate in the United States.

At their core, the investigations into Libor and currency trading center on suspicions that banks manipulated the benchmarks for their own gain. In Libor, a measure of how much banks charge one another for loans, several banks submitted false rates to benefit their trading positions.

The foreign exchange inquiry has pointed to a more complex scheme to fix currency prices and game the market. Authorities suspect that banks, using information gleaned from their clients, collaborated to flood the market with orders just seconds before the so-called 4 p.m. fix, which serves as the benchmark for foreign exchange rates. The aim in part, authorities suspect, was to drive up the price of, say, euros before selling them to clients at an inflated price.

Traders at competing banks met in private chat rooms. Some traders became so cozy that they earned the nickname "the cartel" and "the bandits club."

Jenny Anderson and Matthew Goldstein contributed reporting.

U.S. Investigates Currency Trades by Major Banks

By BEN PROTESS, LANDON THOMAS JR. and CHAD BRAY

Eric H. Holder Jr., the U.S. attorney general, says groups of traders from several major banks may have influenced currency benchmarks to benefit their employers.

A version of this article appears in print on 10/07/2014, on page A1 of the NewYork edition with the headline: Big Banks Face Another Round Of U.S. Charges .


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News: Updates From Hong Kong Protests

Written By Unknown on Senin, 06 Oktober 2014 | 13.07

Photo Pro-democracy demonstrators sleep on a main thoroughfare in Hong Kong on Monday morning.Credit Kin Cheung/Associated Press

Note to Readers: All timestamps are Eastern Standard Time.

Pro-democracy demonstrators, defiant but their numbers diminished, eased their blockade of Hong Kong government offices and allowed civil servants to return to work Monday morning after the authorities set a deadline for the police to restore access to the buildings.

Updates below mix dispatches from reporters on the ground with images, video and text accounts shared on social networks by witnesses to the unfolding events.

1:43 A.M. Five Arrested in Connection With Cyberattacks

Five people have been arrested in connection with recent attacks on the Hong Kong government's website, RTHK reports. Six computers and other devices were seized in a morning raid. A 13-year-old was among those arrested.

The government posted a statement on Saturday, assuring citizens that "government services were not affected by the cyber attack and the broadcast of government information is continuing."

1:01 A.M. Hong Kong Leader to Work From Home

Leung Chun-ying & company will work in his house tomorrow due to "blockage of vehicular access" to his offices. http://t.co/DoWeDlqUij

— Alan Wong (@byAlanWong) 6 Oct 14

1:00 A.M. People's Daily and the Pro-Democracy Protests

Carrie Gracie of the BBC writes on Twitter:

People's Daily pt 1. Respecting will and interests of majority is common essence of all democracies. 'Occupy' is minority of HK residents.

— Carrie Gracie (@BBCCarrie) 6 Oct 14

People's Daily pt 2: Using illegal means to achieve "noble" purposes is a lie told by a small group of ambitious schemers.

— Carrie Gracie (@BBCCarrie) 6 Oct 14

People's Daily lays claim to democracy: Small group in HK maintain colonial mentality. 150 years of Brits planted hatred for democracy.

— Carrie Gracie (@BBCCarrie) 6 Oct 14

12:15 A.M. South China Morning Post Unblocked in China

The New York Times and Instagram, however, remain blocked.

The SCMP's Chinese and English sites seem to be accessible in mainland China now. NYTimes & Instagram not. http://t.co/MTOPiZiZnI

— Alan Wong (@byAlanWong) 6 Oct 14

10:02 P.M. Online Community for Hong Kong Police Emerges

A Facebook community page, which states it aims to represent the voices of Hong Kong police officers, was launched over the weekend. Its creators hope to start a dialogue among police officers about their experiences and thoughts on the Occupy movement in Hong Kong.

@ChuBailiang We are inviting the HK police to share their side of the story anonymously. Please help spread the word. http://t.co/dVTxhBHuFg

— 匿名香港警察 (@HKPoliceAnon) 6 Oct 14

"We would like to clarify that this page is reserved for members of the HK Police Force to express themselves anonymously. Any other messages are welcome in the comments section," according to a post on the HK Police Anonymous page.

While one commenter expressed doubt that an open platform could ensure anonymity, there is a submission form, "which does not require any log in or personal info. For extra safety, posts can be submitted in the public libraries."

"Our goal is to provide a safe platform for members of the Hong Kong Police to anonymously share their insights, thoughts, and experiences related to the Occupy Movement. Please follow this page for further developments."

9:36 P.M. South China Morning Post Is Blocked in China

We have independent confirmation that the South China Morning Post websites are blocked in mainland China.

CONFIRMED: Both @SCMP_News (English) & @SCMPChinese webs are blocked for access in China due to #OccupyCentral coverage 南早中英文網站皆因「佔中」在中國大陸被封

— George Chen (@george_chen) 6 Oct 14

8:30 P.M. Update From Central

Taxis are coming into the downtown area of Central without obstruction along Queens Road. Steel police barriers lashed together with plastic ties block Chater Road, but there is no sign of any protesters anywhere near the barriers. Office buildings and malls appear open and a few people are starting to go to work.

Keith Bradsher

8:27 P.M. MTR Reports Good Service

0715 全綫列車服務維持正常,車站出入口安排如下 #MTR #OccupyHK

Good service on all running lines, arrangements on stn exits as follows http://t.co/nwgVoGnHb5

— MTR Service Update (@mtrupdate) 5 Oct 14

8:25 P.M. A Deadline Passes Without Event

A Monday morning deadline to clear out and remove barricades or face what the government had pledged would be "all necessary actions" came and went without event.

At 7 a.m., a few dozen protesters remained camped out at the entrance to the Hong Kong chief executive's office here in Admiralty, mostly sitting around chatting amongst themselves or snoozing after a long night. Barricades blocking access to the office remained in place, although protesters had been allowing police vehicles to enter and leave the compound by temporarily opening the barricades.

As traffic picked up on the main road in front of the government complex with people on their morning commutes, a few dozen police stood casually on the opposite side of the barricade, inside the complex. It was unclear whether the chief executive, Leung Chun-ying, would attempt to report to his office today after having worked from another location on Friday.

Neil Gough

8:18 P.M. Camping Out in Mong Kok, Yet to Be Deterred

"Of course we were scared, not only of the police but also the gangsters," said Alla Lau, 23, a graduate student at Lingnan University who spent the night in Mong Kok. "But I was surprised. Last night was so peaceful."

She attributed the relative calm of the evening to a different attitude from police, who she felt were more cooperative with the protesters.

"This protest is not organized by leaders. It's organized by everyone here," she said. "The only way for the government to get us out is to meet our demands."

Michael Fung, a 24-year-old salesman who also spent the night sleeping in Nathan Rd., says the government's plan to intimidate the students into leaving by Monday morning failed.

"I think the government underestimated the power of the people and misunderstood that we are not driven by leaders and won't go away because of fear," he said.

Austin Ramzy

8:13 P.M. Morning Commute Running Smoothly

Government workers who have offices in the Tamar complex are not experiencing any difficulties going to work this morning. The city's subway system is operating normally and there are no obstructions on the pedestrian bridge from the station to the government office complex. At 8 a.m. this morning a steady stream of employees were seen entering the office complex.

Michael Forsythe

7:27 P.M. Exhausted, but Feeling Obligated to Carry On

Dennis Chan, an unemployed 28-year-old wearing a bright yellow wind jacket, let out a melodramatic sigh as he prepared to go home for a sleep after 10 days nearly all spent at Admiralty protest site: "I'm very, very, very tired. We all are," he said. He said numbers at the site were likely to dwindle quickly in the next couple of days and then the police would move in.

Mr. Chan said he'd be back tonight to manage a supply station, out of a feeling of obligation for the young volunteers. "It won't end today but maybe tomorrow, maybe later too, when there are fewer and fewer people."

"It's hard to say that we've won this battle. But it's been positive in making pressure on the government to open a conversation with the students. I hope the occupation can continue so the government has to talk seriously with the students," he said.

Chris Buckley

1:38 P.M. Protesters Settling In Overnight at Site Near Offices

The crowd has thinned at the main protest site in Admiralty, but hundreds of students are settling in for the night, sleeping on the road or studying their smartphones.

240 am HK and the main protest site in central is still busy. #OccupyHK #HKStudentStrike http://t.co/D3nYbXRzFw

— Sarah Clarke (@sarahclarkeabc) 5 Oct 14

Meanwhile, about 200 protesters remain camped outside the entrance to the offices of Chief Executive Leung Chun-ying, and they have tied a set of metal barricades on the street together. But the protesters have been allowing vehicles to come and go.

At about 1:30 a.m., they moved the barricades so an ambulance could pass — after inspecting it to make sure it wasn't carrying riot-control gear such as tear gas or rubber bullets.

About a dozen police officers are on the other side of the barricades, all in blue short-sleeve shirts. None are wearing anti-riot gear.

Peaceful evening in Admiralty. Lots of people on the grass listening to a speaker in Tamar Park. Public discourse. http://t.co/1IbWyMKp3U

— Neil Gough (@n_gough) 5 Oct 14

Neil Gough and Keith Bradsher

1:27 P.M. "Long Hair" Says Protesters Undecided on Retreat

Leung Kwok-heung, the activist Hong Kong lawmaker known as "Long Hair," said protesters have not decided whether to retreat from a sit-in outside the offices of Hong Kong's chief executive as he has demanded.

"Decisions need to be made at upper levels on strategy, but unfortunately, at this moment, the 'Occupy' movement does not subscribe to any strategy, so you cannot judge which tactic is better," he said in an interview at the protest site. "There is no genuine leadership of this movement," he added. "It is scary."

He said it was not a matter of protest leaders disagreeing on how to proceed. "It's not disagreement. What's happened is that nobody wants to take responsibility," he said.

Mr. Leung said the police could reopen the road but would risk a backlash. "At dawn, not many people stay here, so tactically, the police can reopen the road by using force," he said. "The problem is that once they start action, they cannot estimate how many people will rush in to reinforce, like what happened last Sunday," when police used tear gas on protesters and prompted more residents to join the demonstrations.

Neil Gough

12:56 P.M. Student Leaders Remain Resolute

Lester Shum, of the student federation, said protesters will Occupy on until its meeting with the government arrives at "material results."

— Alan Wong (@byAlanWong) 5 Oct 14

12:48 P.M. Students, Prepared for Worst, Remain in Admiralty

Annisa Cheng, a 19-year-old university student, said that she began coming to the protests nine days ago, when only students were participating and the group known as Occupy Central with Love and Peace had not yet called for wider demonstrations. "Every day we heard that the police would come and clear the grounds, but they have not really done it – it's like crying wolf, so I am not afraid," she said.

"But I've come prepared with a facemask and an N95" breathing mask for protection from tear gas, she said. "My parents are of course worried about my safety. This is the fourth night that I will spend the entire night here."

Her friend, Julie Fung, also a 19-year-old university student, said that she felt the government was only offering "fake democracy."

"I am scared of what the police might do, but will try to conquer my fear because there are so many other people here with me," she said.

Keith Bradsher

12:41 P.M. The Streets Are Alive in Mong Kok

Gone midnight in Mongkok. No sign of relenting. Some expect police to attack, vow to stay for it. #OccupyHK https://t.co/1k8knwCEm5

— Josh Noble (@JoshTANoble) 5 Oct 14

12:20 P.M. For Some, Mood Turns Grim in Admiralty

As midnight approached, the mood among protesters in Admiralty district was grim. "I feel lost – at the beginning, when I came out, it was for universal suffrage, but tonight we are out because we feel support for the movement is waning," said Billy Ngai, a 20-year-old university student. "If no one comes out, we will lose."

Mr. Ngai added that, "I am scared for myself and all the participants, but more important, I am scared that fewer people will come out in the future if they clear the streets tonight – I am totally discouraged."

A nearby friend of his, Don Tsang, also a 20-year-old university student, said that, "Everyone is telling us to leave, but faced with the current political powers in office in Hong Kong and in Beijing, we cannot back down, we can only maintain or escalate."

In a moment of candor, Mr. Tsang fretted that the police might act forcefully. "I am scared every second that the police will come and clear us out, but I don't think the police can do this without injuries to the people, or that they will be successful in getting everyone out."

Keith Bradsher

11:45 A.M. The 'Stand by You' Project Goes On

The website for the interactive project, "Stand by You," appears to be down, but messages of support for the pro-democracy movement are still being projected on a wall in Hong Kong. The art collective's Facebook page remains active.

New media artist Sampson Wong invented the interactive Add Oil Machine http://t.co/aqVIDjMJP5 at #OccupyHK http://t.co/uuew9uSIqu

— Tom Grundy (@tomgrundy) 5 Oct 14

11:10 A.M. Talks in Progress to Avoid Use of Force by Police

Negotiations are under way that could forestall a police crackdown on the pro-democracy demonstrations in Hong Kong, according to Regina Ip, a pro-Beijing lawmaker and former security chief in Hong Kong.

Ms. Ip said the government of Chief Executive Leung Chun-ying has made three demands of the protesters:

- Civil servants must be allowed to return to work.
- Schools must be allowed to reopen.
- Traffic must be unblocked.

The Hong Kong Federation of Students, one of the main organizations behind the protests, has said it will allow civil servants to enter government buildings, and the movement has not targeted local schools. But the protesters have set up encampments blocking traffic at major intersections, and they do not seem likely to withdraw from all of them.

"The students have agreed to free up some passageways for the civil servants, but other participants disagree," she said. "But it doesn't matter. The crowd has grown so large, it includes so many different factions, you can never get consensus among all of them. If the students agree – the Federation of Students – that's already a good sign. Whether that will actually happen, we will know at 9 a.m. tomorrow."

Ms. Ip said the student federation's announcement that it would begin exploratory talks with the government to open a dialogue to discuss political reform was "a very good sign."

"The situation is very fluid," she added. "I think the government is on the one hand making tough statements and beefing up police armament, and also through various channels, trying to talk to the students, and publicly getting all the people with influence, like the university presidents, the former chief justice, professors on good terms with the students, to persuade them to leave."

"It will be very uphill but I think in a nutshell the government is trying very hard to resolve it without use of force," she said.

Michael Forsythe

11:30 A.M. Tung Chee-hwa Speaks Out on Protests

"To students and young friends of the occupation movement, we've heard clearly your demands for democracy. We understand your determination in pursuing your cause," Tung Chee-hwa in a statement on Sunday in Ming Pao, a Chinese-language newspaper. Mr. Tung served as the first chief executive of Hong Kong in 1997.

He went on to say: "The occupation movement has already entered its eighth day and the situation is getting more complicated. Just like many parents and teachers in Hong Kong, I have been worried about the students' safety. I urge you to leave the protest sites as soon as possible to ensure your safety."

While he praised the students and their cause, he urged them to engage in dialogue and "seek consensus."

The full translated statement can be found at Channel NewsAsia.

11:08 A.M. Students Start to Settle In for the Night

Looks like these kids are here for the long haul #OccupyCentral #OccupyHK #OccupyMongKok http://t.co/Mg5bMC1FJZ

— don north (@donplusn) 5 Oct 14

10:40 A.M. The Making of 'Umbrella Man'

More on Umbrella Man:

Protesters in Admiralty have brought in Umbrella Man, roughly 12 feet tall and made from wood blocks ranging from thimble-sized to the size of a large smartphone, and holding a yellow umbrella. The statue is a clearly indigenous work that nonetheless evokes the Goddess of Democracy statue during the Tiananmen protests.

Read about it here on the Sinosphere blog.

22-year-old artist named Milk says he led team of 4 or 5 artists who spent much of week to make Umbrella Man http://t.co/d5RvKzChmm

— Keith Bradsher (@KeithBradsher) 5 Oct 14

Keith Bradsher

10:15 A.M. 'Umbrella Man' Enters Admiralty Protest Zone

#UmbrellaRevolution COMING THROUGH!! artwork by students at #HKStudentStrike #OccupyCentral http://t.co/fr34LezBP9 http://t.co/sid3sE0Km6

— Cindy (@csnl26) 5 Oct 14

10:03 A.M. The Scene in Admiralty

Janis Mackey Frayer, Asia Bureau Chief and Correspondent for Canadian Television, posts this photograph from the scene in Admiralty.

On the bridge at #Admiralty, #HongKong. #Central #occupyHK http://t.co/2x19BQoSxX

— Janis Mackey Frayer (@janisctv) 5 Oct 14

9:46 A.M. 'If Mong Kok Falls' …

The numbers of students in Mong Kok is growing. Nathan Road, to the south of the main encampment, has about 300 people sitting in a section of road that was largely empty an hour ago.

In the midst of the group a man writes out new slogans in elegant calligraphy. "If Mong Kok falls, Admiralty won't last long." "Fight for victory, persist to the end." "Be careful, there's something fishy."

New slogans, in stylish calligraphy: "If Mong Kok falls, Admiralty won't last long." https://t.co/a9ayPWAvqG

— Austin Ramzy (@austinramzy) 5 Oct 14

Austin Ramzy

9:27 A.M. 'Occupy' Will Continue, Students Say

Alex Chow, of the Hong Kong Federation of Students, told the crowd in Admiralty just now:

"Occupy" will go on while the Federation of Students starts discussing the particulars of the talks with the government. He stressed that the actual talks — which both parties agreed would only concern the continuing electoral changes — would not commence until "the government shows its will to take up the responsibility of separating the supporters and opponents of the Occupy protest."

"A dialogue is not a compromise," he said. "We will start arranging the talks with the government, because we understand there are people in both the government and here that want to solve society's problem. In the past week of our occupation, it's evident that we have put great pressure on the government."

"We insist on our principle: civil nomination and the abolishment of functional constituencies," he said. "We will not back down."

Alan Wong

9:22 A.M. Statement From Federation of Students

The Hong Kong Federation of Students has a statement on its Facebook page that it did not call for a withdrawal from Mong Kok. It added: "Of course, we respect the decision of all residents about whether to leave or stay." The statement said: "We reiterate that each occupied area is an important position, and a bargaining chip in negotiations between the Hong Kong people and the government. We appeal to all residents staying at Mong Kok to remain in position until there is a substantial outcome from negotiations."

Chris Buckley

9:19 A.M. Student Leaders: No Plan to Leave Streets

Student leaders told supporters on Sunday night that they did not plan to leave the streets despite ultimatums from the government and requests from many local leaders.

Keith Bradsher

9:13 A.M. Hong Kong Government Statement on Arrests

The Hong Kong government posted this video and statement online from a briefing earlier on Sunday.

Police have arrested 30 people over the clashes which have erupted in Mong Kok in recent days.

Briefing the media today, Police Public Relations Branch Chief Superintendent Steve Hui said the arrests were for various crimes, including fighting, unlawful assembly, assault, weapon possession, and indecent assault.

He said Police will investigate each case and may make further arrests.

He said the demonstrations have affected the daily lives of Hong Kong people, and the clashes in Mong Kok and Causeway Bay have caused many injuries, including to Police officers.

He said Police are determined and confident they can restore public order and will monitor developments, make assessments, and consider all necessary measures.

Mr. Hui reiterated that Police will not tolerate any violence and will take action against such acts.

9:07 A.M. Possible Announcement by Federation of Students

"Please proceed to Harcourt main stage. Important announcement," says Federation of Students. Reporter: "When?" The Federation: "Now."

— Alan Wong (@byAlanWong) 5 Oct 14

9:02 A.M. A Voice From Mong Kok

For the moment at least, Mong Kok is the calmest I've seen in it in the past thee days. Protesters are making speeches, urging people to stay. Groups of older people meanwhile are chatting with individual demonstrators, urging them to leave. The police presence is large, and for now they're standing in clusters, watching.

Amy Au Yeung, a 60 year old housewife who lives in the neighborhood, crouched down in front of two students wearing helmets and chatted quietly with them for five minutes.

Ms. Au Yeung said she backed the protesters' goals, but she couldn't endorse the students remaining in Mong Kok, a dense area of shopping streets and apartment buildings with a long history of gang activity.

"I support true universal suffrage, but Mong Kok is very complicated. It's not like Admiralty," she said.

"I am worried about them," she said afterward. "It has been several days. I don't want to see bloodshed."

Austin Ramzy

8:56 A.M. A One-Man Protest

1/2 -Expat Eric Beck stages 1-man counter protest.Compared 'obstructive' protest to Nazism, say HK ppl want normality http://t.co/oBF1RuO2xD

— Tom Grundy (@tomgrundy) 5 Oct 14

Says he stood near press both strategically.
Claims HK/western people he knows oppose #Occupycentral.
Admits hasn't seen physical violence.

— Tom Grundy (@tomgrundy) 5 Oct 14

8:50 A.M. Police Are on the Move, Away From Executive Office

About 10 full vans for of police with riot control left executive office. I Asked if they were going to Mongkok, cop says "I don't know"

— Jonah Kessel (@jonah_kessel) 5 Oct 14

8:37 A.M. The 'Lennon Wall'

Muhammad Lila, an ABC News Foreign Correspondent who usually spends his time reporting from the Middle East, has been covering the Hong Kong protests this week.

The "Lennon Wall" in Hong Kong protest site. Plastered with notes of support from around the world. http://t.co/nb4y2ZSMcI

— Muhammad Lila (@MuhammadLila) 5 Oct 14

8:32 A.M. Students Learn Lessons of Early Chinese Communists

Students at Mong Kok are learning lesson of early Chinese Communists: support of locals is key for sustaining insurgency.

— Edward Wong (@comradewong) 5 Oct 14

8:21 A.M. Protesters Scattered Around Headquarters

The number of protesters sitting in the main avenue, Harcourt Road, past the south side of the local government headquarters seems to have eroded further, probably fewer than 1,000 here, in addition to other pockets of protesters scattered around other entrances to the headquarters.

Keith Bradsher

7:52 A.M. Mong Kok, a 'Smoldering Grenade'

A Hong Kong official called the Mong Kok protest a "smoldering grenade," saying that the government did not want violence there but that it was hard to protect students in an area where criminal gangs are very active and shopkeepers are deeply unhappy.

Hui Chun-tak, the chief police spokesman, said at his afternoon news conference that eight of the 30 people whom the police had arrested in the preceding days were members of triads, Hong Kong organized crime groups. He also said that 21 police officers had been hurt during scuffles in Mong Kok in the preceding nights.

Keith Bradsher

7:49 A.M. Protesters Remain at Tamar Park

Sunset at Tamar, the heart of Hong Kong's government. Protesters are *not* leaving the Chief Executive office. http://t.co/QQo2lQ1VFR

— Alan Wong (@byAlanWong) 5 Oct 14

5:35 A.M. Crowds Thin Out Near Government Offices

The crowd here at Tamar Park, near the Hong Kong government has begun to grow as the sun sets, although large, open spaces remain along the road. It appears unlikely that even 2,000 protesters are here, and most likely considerably fewer, as many appear to be curious onlookers or journalists.

Keith Bradsher

3:52 A.M. Statistics Update by the Hong Kong Red Cross

An updated list of services provided

First Aid & Psychological Support Service from Sept. 27 September to noon on Oct. 5.
- 282 injury cases
- 14 cases transferred to hospital
- most of the cases were related to tear gas inhalation, injuries from fall, discomfort due to heat or heavy rainfall
- 167 received Psychological Support Service onsite

Psychological Support Hotline Service from Sept. 29 to noon on Oct. 5.
- 306 callers
- Most callers were emotionally disturbed by viewing related visuals or reports in the media. They suffered from insomnia and grief and wanted to seek emotional support. For callers referred to Clinical Psychologist, quite a number faced communication problems with friends or family members due to having contrasting views on the issue.

HKRC personnel mobilized from Sept. 27 to noon on Oct. 5.
- 719 volunteer First Aiders (person-times)
- 78 Professionals in Psychological Support Service (person-times)
- 240 Psychological Support Service volunteers (person-times)

Neil Gough

3:08 A.M. Government Responds to Hong Kong Federation of Students

A Government spokesman Oct. 5 gave the following response to a statement issued by the Hong Kong Federation of Students (HKFS) last night:

As mentioned in his media session on October 2, the Chief Executive has asked the Chief Secretary for Administration to engage in dialogue with the HKFS on constitutional development. The Chief Secretary for Administration and relevant officials have made initial contact with the HKFS.

The door to dialogue is always open, if the HKFS is willing so. The Chief Secretary for Administration is ready to continue the working-level preparation for dialogue with the HKFS.

While preparing for the dialogue, the Government hopes that the HKFS and relevant organisations could assist and co-ordinate the following two aspects today:

(1) Reopening the footbridge leading to the Central Government Offices (CGO) and the access to Lung Wo Road and Tim Wa Avenue to allow some 3 000 government staff to return to work tomorrow and allow, at least, the partial resumption of traffic leading to the CGO, thus enabling the normal functioning of the Government headquarters.

(2) Reopening carriageways in Admiralty to alleviate the impact on traffic in the area, to allow schools in Central and Western, and Wan Chai to resume classes tomorrow after days of suspension.

Alan Wong

4:29 A.M. Hong Kong Police Spokesperson Makes Appeal

At a press conference late Sunday afternoon, Hui Chun-tak, the chief spokesman of the Hong Kong Police, appealed to protesters to remove barricades, but refrained in his opening remarks from setting deadlines.
"We are determined to take all necessary actions to restore the public order," he said.

Keith Bradsher


13.07 | 0 komentar | Read More

DealBook: Yahoo in Talks to Invest in Snapchat

Written By Unknown on Sabtu, 04 Oktober 2014 | 13.07

Photo The Snapchat logo at the front entrance of its headquarters in Venice, Calif.Credit Kevork Djansezian/Getty Images

Yahoo, flush with cash from selling a portion of its stake in the Alibaba Group, appears ready to bet on what it believes will be the next big Internet phenomenon.

The company has held talks to invest in Snapchat — a popular app that allows people to share photos and messages that self-destruct — people briefed on the matter said on Friday. The deal has not yet closed, some of these people added.

Should Yahoo make the investment, it will join other prominent investors, including the venture capital firm Kleiner Perkins Caufield & Byers, who have valued the service at about $10 billion.

While Yahoo is not expected to put a huge amount of money into Snapchat, the investment could give it access to the messaging phenomenon and help Yahoo become more relevant to young consumers. It would also give the company a more strategic stake in mobile technology, an area in which Yahoo has long been seen as a laggard compared with competitors like Facebook and Google.

Yahoo has been bolstered by a roughly $6 billion haul from selling a significant portion of its holdings in Alibaba, the large, fast-growing Chinese e-commerce company that went public last month. At least half of the proceeds from the sale will go toward buying back stock, but some of the money could go toward strategic acquisitions and investments.

Talks between Yahoo and Snapchat gained steam late this summer, some of the people briefed on the matter said.

In that vein, Yahoo confirmed that it recently bought MessageMe, a small photo and text-messaging start-up in San Francisco. For Yahoo, it is another in a string of acquisitions of small mobile start-ups, which began soon after Marissa Mayer, Yahoo's chief executive, took the top position in 2012. That strategy could expose Yahoo to criticism from shareholders leery that the Alibaba windfall will lead to another spending spree. Though Snapchat has millions of regular users, who send hundreds of millions of photos and videos every day, it has yet to generate any revenue.

The young company attracts attention in Silicon Valley circles, particularly because of its popularity in the much coveted millennial demographic. Snapchat, which is based in Venice, Calif., has raised more than $160 million in venture capital; last fall, the company spurned a $3 billion acquisition offer from Facebook.

Snapchat has been experimenting with ways to distribute content on its popular network. It has worked with musicians, large brands and popular users to figure out different ways to distribute "snaps" — the company's name for its disappearing messages — that will keep its members coming back regularly.

This could be where the two companies see eye to eye. Ms. Mayer has repeatedly said that Yahoo is a "digital content company at its core" and has worked to increase its content offerings.

The company has commissioned two television-length comedy series that will air exclusively on Yahoo's mobile apps and website. Last fall, Ms. Mayer hired Katie Couric, the seasoned journalist who has been the anchor of news programs for NBC, CBS and ABC, to be Yahoo's global news anchor.

Ms. Couric recently attended a small private party thrown by Snapchat's founders during Advertising Week, an annual media industry event held in New York, according to a person familiar with the guest list.

Representatives for Yahoo and Snapchat declined to comment or did not respond to requests for comment on the talks, which were reported earlier by The Wall Street Journal.

A version of this article appears in print on 10/04/2014, on page B3 of the NewYork edition with the headline: Yahoo to Put Alibaba Cash Into Snapchat .


13.07 | 0 komentar | Read More

DealBook: Hackers’ Attack on JPMorgan Chase Affects Millions

Written By Unknown on Jumat, 03 Oktober 2014 | 13.07

Photo The headquarters of JPMorgan Chase in New York.Credit Mike Segar/Reuters

Updated, 9:03 p.m. | A cyberattack this summer on JPMorgan Chase compromised the accounts of 76 million households and seven million small businesses, a tally that dwarfs previous estimates by the bank and puts the intrusion among the largest ever.

The details of the breach — disclosed in a securities filing on Thursday — emerge at a time when consumer confidence in the digital operations of corporate America has already been shaken. Target, Home Depot and a number of other retailers have sustained major data breaches. Last year, the information of 40 million cardholders and 70 million others were compromised at Target, while an attack at Home Depot in September affected 56 million cards.

But unlike retailers, JPMorgan, as the largest bank in the nation, has financial information in its computer systems that goes beyond customers' credit card details and potentially includes more sensitive data.

"We've migrated so much of our economy to computer networks because they are faster and more efficient, but there are side effects," said Dan Kaminsky, a researcher who works as chief scientist at White Ops, a security company.

Until just a few weeks ago, executives at JPMorgan said they believed that only one million accounts were affected, according to several people with knowledge of the attacks.

As the severity of the intrusion — which began in June but was not discovered until July — became more clear in recent days, bank executives scrambled for the second time in three months to contain the fallout and to reassure skittish customers that no money had been taken and that their financial information remained secure.

The hackers appeared to have obtained a list of the applications and programs that run on JPMorgan's computers — a road map of sorts — which they could crosscheck with known vulnerabilities in each program and web application, in search of an entry point back into the bank's systems, according to several people with knowledge of the results of the bank's forensics investigation, all of whom spoke on the condition of anonymity.

Photo Jamie Dimon, chief executive of JPMorgan Chase, says that the digital threat is on the rise.Credit Richard Drew/Associated Press

Operating overseas, the hackers gained access to the names, addresses, phone numbers and emails of JPMorgan account holders. In its regulatory filing on Thursday, JPMorgan said that there was no evidence that account information, including passwords or Social Security numbers, had been taken. The bank also noted that there was no evidence of fraud involving the use of customer information.

Still, until the JPMorgan breach surfaced in July, banks were viewed as relatively safe from online assaults because of their investment in defenses and trained security staff. Most previous breaches at banks have involved stealing personal identification numbers for A.T.M. accounts, not burrowing deep into the internal workings of a bank's computer systems.

Even if no customer financial information was taken, the apparent breadth and depth of the JPMorgan attack shows how vulnerable Wall Street institutions are to cybercrime. In 2011, hackers broke into the systems of the Nasdaq stock market, but did not penetrate the part of the system that handles trades.

Jamie Dimon, JPMorgan's chairman and chief executive, has acknowledged the growing digital threat. In his annual letter to shareholders, Mr. Dimon said, "We're making good progress on these and other efforts, but cyberattacks are growing every day in strength and velocity across the globe."

Even though the bank has fortified its defenses against the attacks, Mr. Dimon wrote, the battle is "continual and likely never-ending."

On Thursday, some lawmakers weighed in. Edward J. Markey, Democrat of Massachusetts and a member of the Senate Commerce Committee, said "the data breach at JPMorgan Chase is yet another example of how Americans' most sensitive personal information is in danger."

Hackers drilled deep into the bank's vast computer systems, reaching more than 90 servers, the people with knowledge of the investigation said. As they analyze the contours of the breach, investigators in law enforcement remain puzzled, partly because there is no evidence that the attackers looted any money from customer accounts.

That lack of any apparent profit motive has generated speculation among the law enforcement officials and security experts that the hackers, which some thought to be from Southern Europe, may have been sponsored by elements of the Russian government, the people with knowledge of the investigation said.

By the time the bank's security team discovered the breach in late July, hackers had already obtained the highest level of administrative privilege to dozens of the bank's computer servers, according to the people with knowledge of the investigation. It is still unclear how hackers managed to gain such deep access.

The people with knowledge of the investigation said it would take months for the bank to swap out its programs and applications and renegotiate licensing deals with its technology suppliers, possibly giving the hackers time to mine the bank's systems for unpatched, or undiscovered, vulnerabilities that would allow them re-entry into JPMorgan's systems.

Beyond its disclosures, JPMorgan did not comment on what its investigation had found. Kristin Lemkau, a JPMorgan spokeswoman, said that describing the bank's breach as among the largest was "comparing apples and oranges."

Preparing for the disclosure on Thursday, JPMorgan retained the law firm WilmerHale to help with its regulatory filing with the Securities and Exchange Commission, people with knowledge of the matter said. Earlier on Thursday, some executives — Barry Sommers, the chief executive of Chase's consumer bank — flew back to New York from Naples, Fla., where they had convened for a leadership conference, these people said.

The initial discovery of the hack sent chills down Wall Street and prompted an investigation by the Federal Bureau of Investigation. The bank was also forced to update its regulators, including the Federal Reserve, on the extent of the breach.

Faced with the rising threat of online crime, JPMorgan has said it plans to spend $250 million on digital security annually, but had been losing many of its security staff to other banks over the last year, with others expected to leave soon.

A version of this article appears in print on 10/03/2014, on page A1 of the NewYork edition with the headline: Hackers' Attack On a Giant Bank Affects Millions .


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DealBook: In Ruling on California Town’s Bankruptcy, Judge Challenges Sanctity of Pensions

Written By Unknown on Kamis, 02 Oktober 2014 | 13.07

Photo Stockton, Calif., filed for bankruptcy in 2012.Credit Kevin Bartram/Reuters

A federal bankruptcy judge on Wednesday upended the widely held belief that public workers' pensions have a special status in California that makes them impossible to cut, further chipping away at the idea that pensions are sacrosanct in a municipal bankruptcy.

The ruling, which came during a hearing on a plan by the City of Stockton to exit bankruptcy, did not order the city to cut its pension plan or take any specific action. The judge said that he needed more time to reflect on Stockton's situation and that he would decide Oct. 30 whether the city could emerge from its two-year bankruptcy or whether it still had more work to do.

But the decision, by Judge Christopher M. Klein of the Eastern District of California, dealt a blow to California's giant state-led pension system, known as Calpers, which has been leading efforts to preserve defined-benefit pensions nationwide.

It echoed a decision made last year by Detroit's bankruptcy judge, but went even further. While Detroit's pension system was a struggling local entity with few friends in the state capital, Calpers is a powerful arm of the state, with statutory powers that include liens allowing it to foreclose on the assets of a city that fails to pay its pension bills.

Calpers had argued that if Stockton stopped making payments and dropped out of the state pension system, the lien would let it claim $1.6 billion of its assets. But Judge Klein said those statutory powers were suspended once a California city received federal bankruptcy protection.

"Why should I take that lien seriously?" he asked a lawyer for Calpers, Michael Gearin. "I may avoid it as a black-letter matter of bankruptcy law," he said, referring to well-established legal principles.

He did not dispute that Stockton would be billed $1.6 billion to leave Calpers and said such a termination fee "can be seen as a golden handcuff." But in bankruptcy, he said, Stockton could legally refuse to pay the bill because it arose from the city's contract with Calpers, and contracts are broken routinely in bankruptcy.

"The bankruptcy code provides that the lien can be avoided and be treated as an unsecured claim," Judge Klein said.

Judge Klein also said that Stockton had many options other than Calpers for retirement benefits: a private provider, like an insurance company; a multiemployer pension plan affiliated with a union; one of California's county-run pension plans; or it could even offer no pensions at all.

"There are lots of permutations and combinations out there with respect to the art of the possible," he said, adding that nothing in the law required any city to give its business to Calpers. "The whole world is out there."

Judge Klein's ruling went beyond anything that Stockton was seeking.

In oral arguments on Wednesday, Stockton's lawyer, Marc A. Levinson, said that for Stockton to switch to another retirement plan administered by a different entity would probably take two years, and in the meantime all the city's workers were likely to quit. Their first choice would be to seek similar jobs in cities that were still part of Calpers, he said, adding that he thought Calpers was a more efficient plan administrator than any other entity Stockton might try.

Mr. Levinson said Stockton wanted to use its "business judgment" to keep its existing relationship with Calpers, something bankruptcy law permits.

The issue of cutting pensions was raised by a holdout creditor, Franklin Templeton Investments, a mutual fund company that had previously bought about $36 million of Stockton's debt. In mediation, the city had initially proposed to settle the entire debt for less than a penny on the dollar, but Franklin managed to improve its position somewhat by showing that about $4 million of the debt was secured and had to be paid. That helped, but the city was still offering less than a penny on the dollar for the unsecured portion.

That left Franklin to argue that Stockton's exit strategy could not be approved by the court because it unfairly discriminated among creditors because Calpers was not going to lose a penny and Franklin would receive so little. A bankruptcy plan of debt adjustment is supposed to treat similar creditors more or less the same; it allows for some discrimination as long as there is a reason for the different treatment. Stockton said its treatment of Franklin Templeton constituted "fair discrimination."

Photo Stockton, Calif., faced a $1.6 billion termination fee from Calpers if it dropped out of the state pension system.Credit Max Whittaker/Reuters

In court proceedings in July, Judge Klein said it was not clear to him that Calpers was even a creditor. He adjourned the hearings until the city and other parties could brief him on Stockton's relationship with Calpers.

Calpers responded by saying it was part of "a triangular relationship," in which the city, its past and present workers and Calpers worked together, with some interactions governed by contract but the most important activities governed by statute.

But Judge Klein said that he had been studying the state law that governs public retirement benefits in California, which he said was "like a jigsaw puzzle." Once he put the pieces together, he said, he realized that what he saw in the statute was different from what had been described to him.

Much of Judge Klein's analysis revolved around subtle federalist issues like whether an arm of the state could still enforce the laws of that state once a city has taken shelter in federal bankruptcy court. California's public pension law has a provision that anticipated these issues and specifically says that the contract a city enters into with Calpers cannot be impaired, no matter what other laws might say.

Judge Klein said legislative history showed that California lawmakers were responding to the increased possibility of a municipal bankruptcy that grew out of New York City's bankruptcy near miss in 1975.

He said that California's lawmakers had also enacted laws that specified exactly the steps cities had to take to obtain authorization from the state to file for federal bankruptcy protection. He said that when the legislature enacted that law, it tacitly agreed that if the city earned the authorization for bankruptcy, it would be governed by the federal bankruptcy code.

"Those conditions are the opening of the gate," he said. "Once the city passes through the gate, it's what's specified in the United States Bankruptcy Code. Otherwise, you come to the conclusion that the California Legislature can edit the federal law."

In a statement, Calpers said: "We disagree with the judge's opinion on the issue of pension impairment. This ruling is not legally binding on any of the parties in the Stockton case or as precedent in any other bankruptcy proceeding and is unnecessary to the decision on confirmation of the city of Stockton's plan of adjustment."


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