Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

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Is Google Abusing Its Market Power? Former Legal Allies Disagree

Left: Saul Loeb/Agence France-Presse — Getty Images; Right: Peter DaSilva for The New York Times

Susan Creighton is now in Google's corner while Gary Reback represents several companies that  have complained to the government about Google.

In the digital economy, 14 years is an eternity. Fast-shifting technology means that companies, once feared and seemingly invincible, fade, while new powers rise to dominance, raising fresh sets of concerns.

Exhibit A: In the spring of 1998, the federal government and 20 states filed a landmark antitrust suit against Microsoft. A few months later, Google was founded.

Now Google is the subject of major antitrust investigations in the United States and Europe.  In the United States, regulators are expected to announce a decision within days to sue or settle, and under what terms. The European decision will come soon as well.

Much has changed over the years, but two lawyers who helped build the case against Microsoft are playing important roles once again. But this time, Gary L. Reback and Susan A. Creighton are on opposite sides.

The two lawyers, and the positions they have taken, point to some striking similarities yet also significant differences between the two high-stakes investigations — and why the pursuit of Google has proved challenging for antitrust officials.

In 1996, Mr. Reback and Ms. Creighton were partners, representing Netscape, the pioneering Web browser company. They wrote a 222-page “white paper,” laying out Microsoft’s campaign to use its dominance of personal computer software to stifle competition from Netscape, the Internet insurgent. After Netscape sent their report to the Justice Department, the head of the antitrust division ordered an investigation.

Mr. Reback is now an attorney at Carr & Ferrell in Silicon Valley, where he represents several companies that have complained to the government about Google. He does not represent Microsoft, though that company is a born-again champion of antitrust action, against its rival Google.

In Google, Mr. Reback sees a familiar pattern — a giant company trying to hinder competition and attack new markets. Google, he says, is unfairly using its dominant search engine to favor the company’s offerings in online shopping, travel and local listings and thus stifle competition from Web sites that rely on Google search for traffic.

“From my perspective, it’s an instant replay of the Microsoft case,” Mr. Reback said in a recent interview, though he would not comment for this article. “It’s the same playbook.”

Not to Ms. Creighton, a partner in the Washington office of Wilson Sonsini Goodrich & Rosati, who is in Google’s corner. She has testified before Congress on Google’s behalf and negotiated with the Federal Trade Commission, the agency conducting the antitrust investigation, and where she was a senior official during the Bush administration.

“Google’s conduct is pro-competitive,” Ms. Creighton declared in her Senate testimony last year. “Far from threatening competition, Google has consistently enhanced consumer welfare by increasing the services available to consumers.”

Ms. Creighton hits two main themes in Google’s defense. The first is the consumer benefit of all Google’s free services. The second is that the cost to consumers of switching to Internet alternatives like Microsoft’s Bing search engine, the Expedia travel site or Yelp local listings is “zero,” she said. Or, as Google repeatedly says, competition is “just a click away.”

In the late 1990s, Microsoft had its version of both arguments. Microsoft bundled a free Web browser into its Windows operating system — an added feature at no cost, surely a consumer benefit. In its trial testimony, Microsoft showed that millions of people had downloaded the competing Netscape browser onto Windows — a rival product just a double-click away.

But in the trial, the evidence taken as a whole portrayed a wide-ranging effort by Microsoft to crush Netscape. It is not an antitrust violation for a powerful company to gain a dominant share of one market and then expand into other markets. The legal issue is the tactics the dominant company employs to expand its empire.

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Letter From Washington: U.S. Fiscal Deal Unlikely Without Compromise

WASHINGTON — As many Republicans reject higher tax rates for wealthier Americans, Newt Gingrich, the former speaker of the U.S. House of Representatives, urges them to continue to resist, claiming that the economic boom of the 1990s and the resulting budget surplus were due to his leadership in Congress and not to President Bill Clinton’s early tax increases.

All economic indicators were heading downward before he became speaker, Mr. Gingrich said on the NBC television show “Meet the Press” on Dec. 9, and “virtually all the economic growth occurs after Republicans take control” of the House in 1995. The budget was balanced late in the decade because of the tax cut he engineered in 1997, he said.

To paraphrase the late Senator Daniel Patrick Moynihan, Mr. Gingrich is entitled to his opinion, but not to his own facts.

The arguments against higher taxes today and those used by Mr. Gingrich and his allies against the Clinton tax increase in 1993 are strikingly similar: They will destroy jobs and devastate economic growth, without cutting the deficit.

The facts: The Clinton tax increase on upper incomes, which brought the top rate to 39.6 percent, as President Barack Obama wants to do now, was enacted Aug. 6, 1993. Over the next 18 months, the U.S. economy grew at a rate of about 4 percent; unemployment dropped sharply, to 6 percent from 7.6 percent. The stock market rose moderately.

Deficits immediately began to narrow, shrinking to $22 billion in 1997 from $255 billion in 1993. In late 1997, a small tax cut that included a reduction in capital-gains levies and a child credit was passed, though the much larger tax increases enacted four years earlier were left largely untouched. The budget situation continued to improve, moving to surpluses over the next four years. Most economists credit this result to the climate of the decade, which Alan Greenspan, the former chairman of the Federal Reserve, and others said had been prompted by the 1993 legislation’s bolstering of consumer and investor confidence.

Now the Republican pursuit of lower marginal tax rates for the more affluent defies at least political reality. Polls show strong support for Mr. Obama’s position on the top rate.

Eliminating the George W. Bush-era tax cuts for upper-income Americans, taking the top rate to 39.6 percent, along with the accompanying changes on some deductions and exemptions, would raise about $600 billion in a decade.

During the presidential campaign, the Republican nominee, Mitt Romney, floated the notion of capping deductions at $50,000 a year; that would raise less than $500 billion if, as would seem certain, it excluded charitable contributions; there would be other controversies, and it would hit middle-class taxpayers.

There are significant other tax elements apart from the rates. Some compromises will be necessary on scheduled increases in levies on dividends and capital gains. On the estate tax, although it goes exclusively to the rich, some Senate Democrats, like Max Baucus of Montana and Mary Landrieu of Louisiana, favor a more generous break.

As the political tension mounts over the current fiscal deadlock — which, unless a deal is reached by Dec. 31, would increase taxes for everyone and force some draconian spending cuts — there will have to be trade-offs for any ultimate deficit-reduction deal. Congressional Republicans insist this will only be palatable if there are major cuts to entitlement programs, especially Medicare.

There are clear indications that the White House, despite the objections of some Democrats, would go along with significant changes, perhaps including a form of means testing for Medicare benefits, altering the cost-of-living adjustments for entitlements and taxes.

None of that will fly politically unless it is accompanied by significant revenue increases. Initially, Mr. Obama wanted $1.6 trillion over 10 years; he has pulled back to $1.4 trillion. If he gets an amount in excess of $1 trillion — which would require additional measures beyond ending the Bush-era tax cuts for the wealthy — a substantive deal on entitlements becomes more palatable.

Even if the current standoff over taxes and spending is resolved in the next two weeks, things are going to get messy early next year. Republicans are intent on using the need to increase the debt ceiling as leverage to force the White House to accept entitlement cuts; Mr. Obama is adamant that he won’t play Russian roulette with the debt ceiling again, a reference to last year’s market-rattling last-minute deal.

The only way to avoid that face-off is to devise some sort of enforcement mechanism before New Year’s Eve that would mandate action on entitlements and increased revenue next year. The test for the president in his second term is to get a deal that is market-credible, inspiring consumer and investor confidence.

The shorter-term test for the Republicans, as some operatives, like the former Mississippi governor Haley Barbour realize, is to move away from the issue of rates for the wealthy. One of the party’s liabilities in the 2012 elections was that it was seen as a protector of the privileged. Threatening a fiscal meltdown to protect lower tax rates for millionaires isn’t a corrective.

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La Comay of ‘SuperXclusivo’ Stirs Anger Over Comments on Man’s Death

It’s been a bad few months for puppets in the media.

WAPA-TV

La Comay, left, with Hector Travieso, co-hosts of “SuperXclusivo,” a Spanish-language program shown in some United States markets.

WAPA-TV

Jose E. Ramos, president of WAPA Television, said the network tried to use La Comay to keep the officials attuned to issues.

In October, Big Bird was dragged into the presidential debate over PBS funds and in November, Kevin Clash, the puppeteer behind Elmo, left Sesame Street after allegations that he had sex with minors.

The latest puppet scandal involves a gossipy, big-haired crone puppet in Puerto Rico, known as La Comay, who has become one of the most controversial media figures on the island — and one of the most watched. On a recent show, the puppet commented on the murder of a 32-year-old publicist by pointing out that the victim was in an area frequented by prostitutes and wondered whether he was “asking for this.”

The reaction was swift. A Facebook page calling for a boycott of La Comay has drawn more than 72,000 signatures, and prominent advertisers like Walmart and AT&T withdrew their ads from “SuperXclusivo,” the program that features her.

The outrage was in part because of fears over a growing crime wave on the island and a reaction to La Comay, a puppet version of the television program “TMZ” with gossipy segments about celebrities, politics and crime.

La Comay (roughly translated as “the godmother”) was created by Antulio Kobbo Santarrosa, a former comedian and television personality. Since 1999 the show has been broadcast on WAPA Television, an independent Puerto Rican network owned by the private equity firm InterMedia. Before WAPA, Mr. Santarrosa had shows with similar characters on other networks including Telemundo.

“SuperXclusivo” is broadcast on the island but also on the mainland in states with large Puerto Rican populations like New York and Florida. On the hourlong show, La Comay frequently asks viewers to call her show with crime tips, which producers investigate. “We tried to use her to bring out issues that other mediums would not touch,” said Jose E. Ramos, the president of WAPA.

In the last Puerto Rican race for governor, two of the candidates visited the show the night before the election, Mr. Ramos said. “People will report incidents and things that happen on the island to La Comay instead of going to the police and going to the newspapers,” he said.

“She ensures that the police and the government cover the main issues and are on top of the issues, and she does it in a way that is very entertaining, that’s what offends some people,” Mr. Ramos said.

In an e-mail, Mr. Santarrosa said: “We respect our audience and it was never my intention to offend anyone with the information we presented, which had already been presented in other media.” The comments were similar to the ones made by La Comay on her show in the days after the controversy where she tried to apologize to the audience.

The uproar began when, on Dec. 4, “SuperXclusivo” featured a segment on the publicist José Enrique Gómez Saladín, whose disappearance had been extensively covered by local media. On Nov. 29, according to published reports, Mr. Gomez Saladín attended a meeting in San Juan and then called his wife to tell her he was on his way home.

Instead, Mr. Gomez Saladín’s body was found four days later. He had been doused with gasoline, burned and then bludgeoned to death. The case is being handled by the United States Attorney’s Office in Puerto Rico. Four people were arrested on Dec. 4 in connection with the crime. They have been charged on two counts, carjacking resulting in murder and bank fraud. A preliminary hearing is set for Wednesday. The crime, which came less than two weeks after the shooting death of the boxer Hector Camacho, rattled the island.

After the news of the murder, residents began a social media protest for peace called “Todos Somos José Enrique” (We are all José Enrique).

Details of what happened that night remain unclear, with some reports saying Mr. Gomez Saladín had been a victim of a carjacking. But in her Dec. 4 segment, La Comay raised another issue: Mr. Gomez Saladín was on Padial Street in Caguas, a town near San Juan. The street, La Comay said, is “a center of male and female prostitution.”

Couching her statements with the phrase “apparently and allegedly,” La Comay asked, “Was this man, José Enrique, asking for this?” Of the four suspects in the case she asked, “Was he friends with these people? Did he used to be a client of these people?” At the end of her remarks she called for Puerto Rico to reinstate the death penalty.

The remarks created protests against the puppet, her show and the network.

“We didn’t know that this was going to explode the way it did,” said Carlos Rivera, an unemployed I.T. specialist from Puerto Rico who created the Facebook page calling for the boycott of La Comay by advertisers and viewers.

Mr. Ramos of WAPA said the boycotts have not hurt the show’s ratings. “If anything they have increased,” he said. “People want to see what’s going on.”

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School Yoga Class Draws Religious Protest From Christians

T. Lynne Pixley for The New York Times

Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »

ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.

Jackie Bergeron’s first-grade yoga class was in full swing.

“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”

Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.

A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.

After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.

Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.

“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”

Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.

Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.

Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.

“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.

“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.

The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.

The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.

The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.

Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.

The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.

“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”

Ms. Eady is not convinced.

“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”

Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.

“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”

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Bits: New Apps Recall the Details of Your Online Past

THE holiday season of 2011 was a hive of activity for me. One week in early December, I managed to attend a party at the Bowery Ballroom, a movie premiere and a Justin Bieber-themed dinner event. A few days later, in a single afternoon, I saw the movie “Young Adult,” bought animal-shaped glassware as Christmas gifts and shared dishes of handmade pasta with a few friends from college. And three nights after that, I attended a concert at a local music venue with a friend from Australia, then woke up the next morning and hopped on an Amtrak train to Virginia for Christmas.

I know all of this not because my memory is superhuman, or because I keep a detailed journal. My gift of meticulous recollection comes courtesy of several apps I’ve signed up for, including Timehop and Rewind.me. They tap into my social media history and send daily reminders of my past postings, from pictures uploaded to Instagram, the photo-sharing application, to messages on Facebook and Twitter.

At a basic level, these services serve as a cognitive crutch, excavating details about the past that I might not otherwise remember. They offer historical insight into a digital world that is in many ways ephemeral — full of constantly refreshing newsfeeds.

While social networks tell their users what is happening right now, these newer services document life of a year or more ago. They rely on a proliferation of personal data scattered around the Web and easily retrieved with the help of clever engineering and software algorithms. And they offer a rare backward glance, an anthropological perspective on our own online behavior. For example, I’ve noticed that last year, I was posting many photographs and disclosing personal details of my life on social networks, but that these days, I’ve shifted into a cooler, less intimate mode.

Danielle Morrill, founder and chief executive of Referly, a product-recommendation start-up in San Francisco, found that using Timehop, which pings her iPhone with information about how she spent her day exactly one, two, three or even five years ago, reminded her just how “powerful time can be.”

“Sometimes I’ll realize I was doing the exact same thing I was doing a year ago, and I’ll have to ask myself if I’m cool with that,” Ms. Morrill said. “I was grinding through work last year, and I’m still doing that now. Maybe I should think about taking a break. It makes you reflect.”

Timehop and its peers are byproducts of a time of information overload. Many of us can barely keep up with the nearly nonstop stream of news, updates and details about the world around us, let alone find time to put the past into the context of the present.

“Every social network is based in real time,” said Jonathan Wegener, one of the founders of Timehop, which was released to the public in October. “They tend to push down old information, but they don’t leave space to remember it.”

Mr. Wegener has joined a small cluster of entrepreneurs looking to capitalize on a kind of Internet-era archaeology, excavating the troves of data we’ve left on the Web and repackaging them for our enjoyment. It’s an economy betting that as much as people want to pipe details of their daily lives into the social Web as they happen, they will also want reminders on the anniversaries of those experiences — whether theirs or, in some cases, someone else’s. People who sign up for Timehop, for example, can see the social-media pasts of friends who are also using the service. And if Timehop users choose to do so, they can send their memories to other social networks where friends can comment about them.

EXHUMING the past, of course, is fun only until you stumble onto something unpleasant.

In my case, a recent perusal offered photographs of a pet cat that had died, as well as pictures of an exuberant evening with a friend I no longer spend time with. Such reminders can be almost unbearably painful, or they can provide the extra nudge to send a “hello, again” e-mail.

Mr. Wegener said users often requested features that would let them block a particular person or period from appearing in their digest.

Technologically, building such filters would not be impossible, Mr. Wegener said, but he hasn’t done so yet. He said the notion reminded him of the film “Eternal Sunshine of the Spotless Mind,” a quirky romantic comedy in which the main characters wipe away any traces of their past relationship, and presumably, the trauma inflicted.

Such filters are “something we’re considering carefully,” he said.

It’s not clear whether these applications have long-term business potential. Timehop, for example, says it is focused on attracting people to its app, rather than worrying about how it will make money. The company has raised a little more than $1 million from a list of investors that includes Spark Capital and the founders of Foursquare.

Some researchers who study how people interact online say that these services are a logical evolution for social media and hold the potential for longer-term value.

For one thing, they can remind us exactly how long the “half-life of our digital footprints can be” said S. Shyam Sundar, a director of the Media Effects Research Lab at Pennsylvania State University. “People who never stopped to think that their digital postings would be archived could become more aware of their actions online.”

They could usher in a much-needed dose of reality about the permanence of the digital Web, a truth that is hard to grasp when so much of what we post online feels so ephemeral, visible for only a few seconds.

Behaving as if our digital data is fleeting can cause serious trouble, said Mr. Sundar, especially as our offline and online worlds merge. Our actions, documented through the content we share, can have very real effects on what colleges we get into, what jobs we qualify for and what people we meet.

“We have to start taking seriously the idea of social media as self-representation,” he said. “Social media is no longer just a mirror of the present, but also the past.”

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Voters in Egypt Cast Ballots on Draft Constitution

Lynsey Addario for The New York Times

A polling site in Cairo on Saturday. Lines were long as a referendum on an Islamist-backed charter got off to an orderly start. More Photos »

CAIRO — Egyptians voted peacefully and in large numbers on Saturday in a referendum on an Islamist-backed draft constitution, hoping that the results would end three weeks of violence, division and distrust between the Islamists and their opponents over the ground rules of Egypt’s promised democracy.

Not long after polls closed at 11 p.m., the main Islamist group aligned with President Mohamed Morsi predicted a big win for ratification with a higher than expected turnout. The group, the Muslim Brotherhood, said that after counts from about 86 percent of the stations that voted Saturday, the first of two days of voting, ballots were running 59 percent in favor of the proposed constitution.

The opposition strongholds of Cairo and Alexandria, however, were still being counted.

A spokesman for the main coalition opposing the charter charged systematic violation of voting rules, but its leaders put off a final statement.

Regardless of the results, the unexpectedly heavy turnout and orderly balloting was yet another turning point for Egypt’s nearly two-year-old revolution. After three weeks of violence and threats of a boycott, voters appeared for the moment to pull back from the brink of civil discord and reaffirm their trust in the ballot box, spending hours in long lines to vote in the sixth national election since the ouster of Hosni Mubarak 22 months ago.

It remained to be seen if the losing side would accept the results, or how long the peace might last. Many who voted yes said they were doing so to end the chaos of the transition rather than to endorse the text of the charter. But the crowded polling places suggested a turn toward stability, if not necessarily the liberal outcome some revolutionaries had hoped for. Despite opposition warnings of chaos, the streets of the capital were free of major protests for the first time in weeks.

And if the constitution is approved by the margins his supporters predict, the smooth vote could fortify Mr. Morsi’s power and legitimacy.

Military officers guarded polling places, and there were few reports of violence. Egyptian state media reported nine injuries in clashes around the Nile Delta town of Dakahleya, and that unknown assailants threw Molotov cocktails near the headquarters of a liberal party that had been part of the opposition under Mr. Mubarak.

As they waited in line to vote, neighbors continued to spar over the contentious process that produced the charter. Some said that it had been unfairly steamrolled by Egypt’s new Islamist leaders over the objections of other parties and the Coptic Christian Church, and that as a result the new charter failed to protect fundamental rights.

Others blamed the Islamists’ opponents for refusing to negotiate, in an effort to undermine democracy because they could not win at the ballot box. Many expressed discontent with political leaders on both sides.

“Neither group can accept its opposition,” said Ahmed Ibrahim, 40, a government clerk waiting to vote in a middle-class neighborhood in the Nasr City area of Cairo. Whatever the outcome, he said, “one group in their hearts will feel wronged, and the other group will gloat over their victory, and so the wounds will remain.”

The referendum once promised to be a day when Egyptians realized the visions of democracy, pluralism and national unity that defined the 18-day revolt against Mr. Mubarak. But then came nearly two years of chaotic political transition in which Islamists, liberals, leftists, the military and the courts all jockeyed for power over an ever-shifting timetable.

The document that Egyptians voted on was a rushed revision of the old Mubarak charter, pushed through an Islamist-dominated assembly in an all-night session, after Christian and secular representatives quit in protest. Many international experts faulted the charter as a missed opportunity, stuffed with broad statements about Egyptian identity but riddled with loopholes regarding the protection of rights.

Worse still, for many, was the polarizing endgame the charter provoked. Leaders of the Muslim Brotherhood said more than 35 of its offices, including its Cairo headquarters, had been attacked and vandalized over the last three weeks. A night of street fighting between his Islamist supporters and their opponents killed at least 10 people.

Many voters waiting in line on Saturday said they rejected the exploitation of religion by both sides: the Islamists who sought to frame the debate as an argument over Islamic law, and opponents who accused Mr. Morsi and his Islamist allies of laying the groundwork for a theocracy.

Mayy El Sheikh and Mai Ayyad contributed reporting.

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Sidney Gilman’s Shift Led to Insider Trading Case

Speaking in front of a packed convention hall in Chicago, a top Alzheimer’s researcher, Sidney Gilman, presented the results of a drug trial that had the potential to change the fate of elderly patients everywhere.

Fabrizio Costantini for The New York Times

Dr. Gilman’s lifestyle was a well-kept secret among colleagues at the University of Michigan medical school.

But as he worked through the slides, it became clear to the audience on that day in July 2008 that the drug was not delivering and that its makers, Elan and Wyeth, could lose out on blockbuster profits. Along with other Wall Street analysts in the front rows, David Moskowitz zapped messages to clients to dump shares of the companies. “I can remember gasping” at the results, Mr. Moskowitz said.

Little did anyone in the room know that 12 days earlier, Dr. Gilman had e-mailed a draft of the presentation to a trader at an affiliate of one of the nation’s most prominent hedge funds, according to prosecutors, allowing the fund, SAC Capital, and its affiliate to sell over $700 million of Elan and Wyeth stock before Dr. Gilman’s public talk.

Last month, the trader was arrested on insider trading charges after Dr. Gilman agreed to cooperate with prosecutors to avoid charges.

While he appeared a grandfatherly academic, Dr. Gilman, 80, was living a parallel life, one in which he regularly advised a wide network of Wall Street traders through a professional matchmaking system. Those relationships afforded him payments of $100,000 or more a year — on top of his $258,000 pay from the University of Michigan — and travels with limousines, luxury hotels and private jets.

The riddle for Dr. Gilman’s longtime friends and colleagues is why a nationally respected neurologist was pulled into the high-rolling life of a consultant to financiers and how he, by his own admission, crossed the line into criminal behavior.

“My first reaction was, ‘That can’t possibly be right,’ ” said Dawn Kleindorfer, a former student of Dr. Gilman’s at Michigan.

What is clear is that Dr. Gilman made a sharp shift in his late 60s, from a life dedicated to academic research to one in which he accumulated a growing list of financial firms willing to pay him $1,000 an hour for his medical expertise, while he was overseeing drug trials for various pharmaceutical makers. Among the firms he was advising was another hedge fund that was also buying and selling Wyeth and Elan stock, though the authorities have given no sign they have questioned those trades.

His conversion to Wall Street consultant was not readily apparent in his lifestyle in Michigan and was a well-kept secret from colleagues. Public records show no second home, and no indication of financial distress. Nevertheless, he was willing to share a glimpse of his lifestyle with a 17-year-old student whom he sat next to on a flight from New York to Michigan a few months ago, telling her how his Alzheimer’s research allowed him to enjoy fine hotels in New York and limousine rides to the airport.

“I wouldn’t say he was egotistical because he didn’t come across as obnoxious, but he definitely mentioned the kind of lifestyle that he had,” said the student, Anya Parampil, who had been upgraded to first class.

Dr. Gilman’s role in the case involving SAC Capital has largely been overshadowed by the possibility that investigators may be narrowing in on the firm’s billionaire founder, Steven A. Cohen. Mr. Cohen and his firm have not been accused of wrongdoing in acting on the insider information.

Colleagues now say Dr. Gilman’s story is a reminder of the corrupting influence of money. The University of Michigan, where he was a professor for decades, has erased any trace of him on its Web sites, and is now reviewing its consulting policy for employees, a spokesman said.

The case also turns the spotlight back onto the finance world’s expert networks, which match sources in academia and at publicly traded companies — like Dr. Gilman — with traders at hedge funds and financial firms.

The networks have been a central target of prosecutors in the sprawling insider trading investigations that have resulted in dozens of convictions in recent years.

Some networks have closed, and many are shifting their focus outside the financial world, hoping to make up revenue by consulting for corporate America.

Days after the charges were filed, Dr. Gilman retired and has gone into seclusion at his home on a wooded lot overlooking the Huron River on the outskirts of Ann Arbor, which is listed in public records as worth $400,000. He declined to open the door to a reporter last week, directing questions to his lawyer. “I can’t discuss it,” he said. “I’m sorry.”

Stephanie Steinberg contributed reporting.

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Life Expectancy Rises Around World, Study Finds

A sharp decline in deaths from malnutrition and infectious diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a report published on Thursday, with far more of the world’s population now living into old age and dying from diseases mostly associated with rich countries, like cancer and heart disease.

Tony Karumba/Agence France-Presse — Getty Images

Children in Nairobi, Kenya. Sub-Saharan Africa lagged in mortality gains, compared with Latin America, Asia and North Africa.

The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are striking: infant mortality declined by more than half from 1990 to 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.

At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.

“The growth of these rich-country diseases, like heart disease, stroke, cancer and diabetes, is in a strange way good news,” said Ezekiel Emanuel, chairman of the department of medical ethics and health policy at the University of Pennsylvania. “It shows that many parts of the globe have largely overcome infectious and communicable diseases as a pervasive threat, and that people on average are living longer.”

In 2010, 43 percent of deaths in the world occurred at age 70 and older, compared with 33 percent of deaths in 1990, the report said. And fewer child deaths have brought up the mean age of death, which in Brazil and Paraguay jumped to 63 in 2010, up from 30 in 1970, the report said. The measure, an average of all deaths in a given year, is different from life expectancy, and is lower when large numbers of children die.

But while developing countries made big strides the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries’ female populations between 1990 and 2010. American women gained just under two years of life, compared with women in Cyprus, who lived 2.3 years longer and Canadian women who gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990. Life expectancy for American women was 80.5 in 2010, up from 78.6 in 1990.

“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women formed later than men, are among the factors contributing to the stagnation, he said. American men gained in life expectancy, to 75.9 years from 71.7 in 1990.

Health experts from more than 300 institutions contributed to the report, which provided estimates of disease and mortality for populations in more than 180 countries. It was published in The Lancet, a British medical journal.

The World Health Organization issued a statement on Thursday saying that some of the estimates in the report differed substantially from those done by United Nations agencies, though others were similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries — representing about 15 percent of the world’s population — produce quality cause-of-death data.

Sub-Saharan Africa was an exception to the trend. Infectious diseases, childhood illnesses and maternity-related causes of death still account for about 70 percent of the region’s disease burden, a measure of years of life lost due to premature death and to time lived in less than full health. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.

Globally, AIDS was an exception to the shift of deaths from infectious to noncommunicable diseases. The epidemic is believed to have peaked, but still results in 1.5 million deaths each year.

Over all, the change means people are living longer, but it also raises troubling questions. Behavior affects people’s risks of developing cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.

“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization.

Tobacco use is a rising threat, especially in developing countries, and is responsible for almost six million deaths a year globally. Illnesses like diabetes are also spreading fast.

Donald G. McNeil Jr. contributed reporting.

Read More..

Life Expectancy Rises Around World, Study Finds

A sharp decline in deaths from malnutrition and infectious diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a report published on Thursday, with far more of the world’s population now living into old age and dying from diseases mostly associated with rich countries, like cancer and heart disease.

Tony Karumba/Agence France-Presse — Getty Images

Children in Nairobi, Kenya. Sub-Saharan Africa lagged in mortality gains, compared with Latin America, Asia and North Africa.

The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are striking: infant mortality declined by more than half from 1990 to 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.

At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.

“The growth of these rich-country diseases, like heart disease, stroke, cancer and diabetes, is in a strange way good news,” said Ezekiel Emanuel, chairman of the department of medical ethics and health policy at the University of Pennsylvania. “It shows that many parts of the globe have largely overcome infectious and communicable diseases as a pervasive threat, and that people on average are living longer.”

In 2010, 43 percent of deaths in the world occurred at age 70 and older, compared with 33 percent of deaths in 1990, the report said. And fewer child deaths have brought up the mean age of death, which in Brazil and Paraguay jumped to 63 in 2010, up from 30 in 1970, the report said. The measure, an average of all deaths in a given year, is different from life expectancy, and is lower when large numbers of children die.

But while developing countries made big strides the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries’ female populations between 1990 and 2010. American women gained just under two years of life, compared with women in Cyprus, who lived 2.3 years longer and Canadian women who gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990. Life expectancy for American women was 80.5 in 2010, up from 78.6 in 1990.

“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women formed later than men, are among the factors contributing to the stagnation, he said. American men gained in life expectancy, to 75.9 years from 71.7 in 1990.

Health experts from more than 300 institutions contributed to the report, which provided estimates of disease and mortality for populations in more than 180 countries. It was published in The Lancet, a British medical journal.

The World Health Organization issued a statement on Thursday saying that some of the estimates in the report differed substantially from those done by United Nations agencies, though others were similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries — representing about 15 percent of the world’s population — produce quality cause-of-death data.

Sub-Saharan Africa was an exception to the trend. Infectious diseases, childhood illnesses and maternity-related causes of death still account for about 70 percent of the region’s disease burden, a measure of years of life lost due to premature death and to time lived in less than full health. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.

Globally, AIDS was an exception to the shift of deaths from infectious to noncommunicable diseases. The epidemic is believed to have peaked, but still results in 1.5 million deaths each year.

Over all, the change means people are living longer, but it also raises troubling questions. Behavior affects people’s risks of developing cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.

“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization.

Tobacco use is a rising threat, especially in developing countries, and is responsible for almost six million deaths a year globally. Illnesses like diabetes are also spreading fast.

Donald G. McNeil Jr. contributed reporting.

Read More..