During Trial, New Details Emerge on DuPuy Hip

When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.

But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.

In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.

The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.

The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.

Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”

On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”

Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.

In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.

“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.

A spokesman for Dr. Griffin said he was not available for comment.

The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.

Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.

Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.

Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.

In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.

“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.

Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.

The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.

DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.

During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.

This article has been revised to reflect the following correction:

Correction: February 1, 2013

A headline on Thursday about a patient lawsuit against DePuy Orthopaedics, a unit of Johnson & Johnson, misstated the start of the trial in some copies. It began last week, not on Wednesday.

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DealBook: Doubt Is Cast on Consultants Hired to Fix Banks’ Abuses

Federal authorities are scrutinizing private consultants hired to clean up financial misdeeds like money laundering and foreclosure abuses, taking aim at an industry that is paid billions of dollars by the same banks it is expected to police.

The consultants operate with scant supervision and produce mixed results, according to government documents and interviews with prosecutors and regulators. In one case, the consulting firms enabled the wrongdoing. The deficiencies, officials say, can leave consumers vulnerable and allow tainted money to flow through the financial system.

“How can you be independent if you’re hired by the entity you’re reviewing?” Senator Jack Reed, Democrat of Rhode Island, who sits on the Senate Banking Committee, said.

The pitfalls were exposed last month when federal regulators halted a broad effort to help millions of homeowners in foreclosure. The regulators reached an $8.5 billion settlement with banks, scuttling a flawed foreclosure review run by eight consulting firms. In the end, borrowers hurt by shoddy practices are likely to receive less money than they deserve, regulators said.

On Thursday, Senator Elizabeth Warren, Democrat of Massachusetts, and Representative Elijah Cummings, Democrat of Maryland, announced that they would open an investigation into the foreclosure review, seeking “additional information about the scope of the harms found.”

Critics concede that regulators have little choice but to hire outsiders for certain responsibilities after they find problems at the banks. The government does not have the resources to ensure that banks follow the rules. Still, consultants like Deloitte & Touche and the Promontory Financial Group can add to regulators’ headaches, the government documents and interviews indicate. Some banks that work with consultants continue to run afoul of the law. At other times, consultants underestimate the extent of the misdeeds or facilitate them, preventing regulators from holding institutions accountable.

Now, regulators and lawmakers are rethinking their relationship with the consultants. Officials at the Federal Reserve, which oversees many large banks, are questioning the prudence of relying on consultants so heavily, said two people with direct knowledge of the matter.

When the Office of the Comptroller of the Currency penalized JPMorgan Chase last month for breakdowns in money-laundering controls, it imposed stricter requirements, ordering the bank to hire a consultant with “specialized experience” in money laundering and to ensure that the firm “not be subject to any conflict of interest.” In a separate action against the bank related to a $6 billion trading loss last year, the agency opted not to mandate an outside consultant at all.

While the comptroller’s office will continue requiring consultants in certain cases, some agency officials are worried about the quality of the work, as well as the consultants’ independence, according to three government officials briefed on the matter.

Since the financial crisis, regulators have increasingly relied on consultants. The comptroller’s office ordered banks to hire consultants in more than 130 enforcement actions since 2008, or nearly 15 percent of the cases.

It can be a lucrative business. In 2011, regulators mandated that 14 banks employ consultants to determine whether homeowners were wrongfully evicted. Over 14 months, the consultants collected about $2 billion in fees, according to regulators and bank officials.

Those fees amounted to more than half of what homeowners will receive under the $8.5 billion settlement that ended the review. As part of the deal, officials will disburse $3.3 billion to 3.8 million borrowers in foreclosure.

According to consultants and regulators, the broad review was plagued with inefficiencies. For example, Promontory initially instructed employees to calculate lawyers’ fees for each loan, to assess if borrowers were overcharged. Later, it scrapped the original procedure, only to reverse the policy again two weeks later, according to two reviewers who worked for Promontory.

“From Day 1, Promontory strove to conduct its review work as thoroughly and independently as possible,” a spokesman for the firm, Christopher Winans, said in a statement. “Our overarching concern at all times was to serve the best interests of borrowers.”

Some lawmakers question whether a consultant’s regulatory connections helped it secure contracts. PricewaterhouseCoopers, which has a stable of former Securities and Exchange Commission officials, won much of the foreclosure review work, signing deals with four banks, including Citigroup. Promontory, the firm examining loans for Wells Fargo, Bank of America and PNC, was founded in 2000 by the former head of the comptroller’s office, Eugene A. Ludwig.

When the contracts were initially awarded, some housing advocates complained that consulting firms could not objectively evaluate banks with which they had pre-existing business relationships. The comptroller’s office said it vetted the firms to spot such potential conflicts, and argued that the process provided swifter relief for homeowners than if the government had hired the companies directly through a lengthy contracting process.

But concerns persisted. Deloitte, which won the contract to review JPMorgan’s loans, had previously audited Washington Mutual and Bear Stearns, two firms JPMorgan acquired during the financial crisis. In May, the comptroller’s office replaced Allonhill, the consultant for Aurora Bank, after the firm disclosed that it had already reviewed some “of the same pool of loans” as part of an earlier contract.

“It’s clear from the foreclosure settlement that oversight over consultants was inadequate and the review process was deeply flawed,” said Representative Carolyn B. Maloney, Democrat of New York, who recently pressed regulators to detail how consultants were paid. People close to the review say consultants relied on a process that the comptroller’s office designed in 2011, under previous leadership.

“This was a very complex process,” a spokesman for the comptroller said. “Throughout the process, regulators provided continuous oversight, guidance and were available to discuss issues.” The agency also performs spot checks on the consultants.

Still, the foreclosure review highlighted broader concerns about the role consultants play.

Since the financial crisis, the comptroller’s office has issued nearly 20 enforcement actions against banks that had already hired consultants to help iron out problems, according to government documents. While consultants cannot be expected to remedy every last issue at the banks, the actions raise questions about the effectiveness of their work.

When HSBC, the British bank, was sanctioned in 2003 over porous money-laundering controls, the bank turned to Deloitte to review its compliance, an official briefed on the matter said. Deloitte also worked for HSBC from 2006 to 2008, the person said, building a system to monitor money flows more effectively. But the bank ran into trouble in 2010 over similar issues, as highlighted in a recent scathing report by the Senate’s Permanent Subcommittee on Investigations.

As part of a regulatory order, HSBC again hired Deloitte, this time to assess the number of times the bank failed to report suspicious transactions. Deloitte, three officials said, generously bundled hundreds of missed transfers into a single report. That helped save the bank from some government fines.

Despite the undercounting, HSBC still paid a record $1.9 billion last year to settle accusations that it enabled drug cartels to move money through its American subsidiaries.

In a statement, a spokesman for the firm said, “Deloitte fully stands behind the quality and integrity of its work on behalf of regulatory authorities.”

Deloitte has also been suspected of helping institutions cloak illicit transfers of money to rogue nations around the globe. In August, New York’s top banking regulator, Benjamin M. Lawsky, accused Deloitte of helping the British bank Standard Chartered flout American sanctions.

The consulting firm was hired to flag suspicious transfers routed through Standard Chartered’s New York branches. Instead, it instructed bankers on how to escape regulatory scrutiny, according to state court documents.

Deloitte turned over “highly confidential information” from which the bank gleaned insight into “regulators’ concerns and strategies,” the court documents said. The firm later doctored its report to regulators, Mr. Lawsky said, deliberately removing some illegal transfers on behalf of Iranian clients. In an e-mail, a Deloitte partner admitted that a report on the transactions was a “watered-down version.”

The authorities never took legal action against Deloitte, and federal officials noted in a separate settlement agreement that Standard Chartered employees withheld critical information from the consulting firm.

Despite these concerns, regulators are turning to a familiar source to help Standard Chartered. As part of a $327 million settlement last year, the bank is required to hire “an independent consultant.”

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India Ink: Air Pollution in New Delhi Was Much Worse Than Beijing Thursday, But Indian Government Is Not Acting

Manish Swarup/Associated Press A thick blanket of smog over New Delhi on Thursday morning.

NEW DELHI—Beijing’s air pollution has reached such toxic levels recently that the Chinese government is finally acknowledging the problem – and acting on it.

But in New Delhi on Thursday, air pollution levels far exceeded those in Beijing, only without any government acknowledgement or action. It is not the first time pollution in India’s capital has outpaced that in China.

The level of tiny particulates known as PM 2.5, which lodge deep in the lungs and can enter the bloodstream, was over 400 micrograms per cubic meter in various neighborhoods in and around Delhi Thursday, according to a real-time air quality monitor. That compared to Beijing’s most-recent air quality reading of 172 micrograms per cubic meter. (The “Air Quality online” link to the left of the Delhi website gives you real-time monitoring of Delhi’s pollution levels.)

At the University of Delhi’s northern campus at 12:30 p.m., the reading for PM 2.5 was 402 micrograms per cubic meter; in the eastern suburb of Noida it was 411; at the Indira Gandhi International airport it was 421.

Beijing’s government on Wednesday introduced emergency measures to curb pollution, ordering cars off the roads and factories to shut down, and warning citizens to avoid activity outside. The measures came after two straight days that the readings were higher than 300, a level the United States Environmental Protection Agency considers “hazardous.”

The forecast for Delhi’s air pollution Friday is “critical,” according to the Ministry of Earth Sciences. So far, though, Delhi’s government has made no announcements about the city’s air pollution, nor introduced any emergency measures, a spokesman for chief minister’s office said. Sheila Dikshit, the chief minister, said in an interview in December that the city could not keep up with the factors that cause air pollution.

Beijing’s air quality is so bad that living there is like living in a smoking lounge, Bloomberg reported Wednesday. The levels of air pollution Bloomberg cited as Beijing’s average were half that of New Delhi early Thursday afternoon.

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Dr. Phil says Manti Te’o hoaxer admits to love for linebacker

LOS ANGELES (Reuters) – A California man who has admitted to fabricating Notre Dame linebacker Manti Te‘o’s fake girlfriend in an elaborate hoax told talk show host Phil McGraw he felt a deep romantic love for the football player, McGraw said on Wednesday.

“Here we have a young man that fell deeply, romantically in love,” McGraw told the television morning show “Today” to discuss his two part interview with Ronaiah Tuiasosopo, which will air on “Dr. Phil” on Thursday and Friday.

“I asked him straight up, ‘Was this a romantic relationship with you?,’ and he says yes. I said, ‘Are you then therefore gay?’ And he said, ‘When you put it that way, yes.’ And then he caught himself and said, ‘I am confused,’” McGraw told “Today.”

Te’o has said in a previous media interview he is not gay.

The fake girlfriend hoax involving Te’o, who was a finalist for college football’s highest individual honor the Heisman trophy, caused a sensation when it was revealed earlier this month on news website Deadspin.com.

Tuiasosopo says he played the part over the phone of Lennay Kekua, the fictitious woman who was Te’o's girlfriend in the hoax. Te’o, 22, had spoken about the woman in media interviews, and reports described her surviving a car accident and then dying of leukemia in September.

Te’o has said since the hoax was exposed that he was the victim of an elaborate prank, that he never met Kekua and that his acquaintance Tuiasosopo admitted to him that he was the one who played the part of Lennay.

Dr. Phil said in a segment on “Today” on Wednesday that after an extensive interview with Tuiasosopo, he believes Te’o had no role in creating the hoax.

“Absolutely, unequivocally, no,” McGraw said, in pinning the blame for the scheme on Tuiasosopo.

The NBC morning program also showed some comments Tuiasosopo made in his interview for the “Dr. Phil” daytime program.

“There are many times where Manti and Lennay had broken up,” Tuiasosopo told “Dr. Phil.”

“But something would bring them back together, whether it was something going on in his life or in Lennay’s life, in this case in my life,” Tuiasosopo said.

Tuiasosopo, 22, is from southern California and played high school football in 2005 at Antelope Valley High north of Los Angeles, according to media reports. Tuaisosopo’s attorney had previously told reporters his client was behind the hoax.

Before the hoax was exposed, a photo of a woman who was described as Lennay Kekua was presented in media reports about Te’o and his struggles to overcome her death and that of his grandmother, who actually did pass away.

But the photo of Kekua was taken from a Facebook profile of a California woman who said she was unaware of the scheme, according to Deadspin.com.

Te’o told Katie Couric in a broadcast of her show “Katie” last week that he received a telephone call from the person claiming to be Kekua on December 6 – two days before the Heisman presentation. But he said he was not really certain she never existed until Tuiasosopo’s later confession to him.

The linebacker, during the Katie Couric interview, presented a voice mail he received from the person he said he thought was Kekua. “Doesn’t that sound like a girl?” Te’o told Couric.

Te’o also told Couric he is not gay. “No, far from it,” he said.

(Reporting by Alex Dobuzinskis; Editing by Cynthia Johnston and Andrew Hay)

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2 NFL seasons since agreement, still no HGH tests

NEW ORLEANS (AP) — Count Baltimore Ravens defensive end Arthur Jones among those NFL players who want the league and the union to finally agree on a way to do blood testing for human growth hormone.

"I hope guys wouldn't be cheating. That's why you do all this extra work and extra training. Unfortunately, there are probably a few guys, a handful maybe, that are on it. It's unfortunate. It takes away from the sport," Jones said.

"It would be fair to do blood testing," Jones added. "Hopefully they figure it out."

When Jones and the Ravens face the San Francisco 49ers in the Super Bowl on Sunday, two complete seasons will have come and gone without a single HGH test being administered, even though the league and the NFL Players Association paved the way for it in the 10-year collective bargaining agreement they signed in August 2011.

Since then, the sides have haggled over various elements, primarily the union's insistence that it needs more information about the validity of a test that is used by Olympic sports and Major League Baseball. HGH is a banned performance-enhancing drug that is hard to detect and has been linked to health problems such as diabetes, cardiac dysfunction and arthritis.

"If there are guys using (HGH), there definitely needs to be action taken against it, and it needs to be out of (the sport)," Ravens backup quarterback Tyrod Taylor said. "I'm pretty sure it'll happen eventually."

At least two members of Congress want to make it happen sooner, rather than later.

House Oversight and Government Reform Committee chairman Darrell Issa, a California Republican, and ranking Democrat Elijah Cummings of Maryland wrote NFLPA head DeMaurice Smith this week to chastise the union for standing in the way of HGH testing and to warn that they might ask players to testify on Capitol Hill.

Smith is scheduled to hold his annual pre-Super Bowl news conference Thursday.

"We have cooperated and been helpful to the committee on all of their requests," NFLPA spokesman George Atallah said. "If this is something they feel strongly about, we will be happy to help them facilitate it."

Several players from the Super Bowl teams said they would be willing to talk to Congress about the issue, if asked.

"I have nothing to hide. I can't speak for anyone else in football, but I would have no problem going," said Kenny Wiggins, a 6-foot-6, 314-pound offensive lineman on San Francisco's practice squad.

But Wiggins added: "There's a lot more problems in the U.S. they should be worried about than HGH in the NFL."

That sentiment was echoed by former New York Giants offensive lineman Shaun O'Hara, who now works for the NFL Network.

"Do I think there is an HGH problem in the NFL? I don't think there is. Are there guys who are using it? I'm sure there are. But is it something Congress needs to worry about? No. We have enough educated people on both sides that can fully handle this. And if they can't, then they should be fired," said O'Hara, an NFLPA representative as a player. "I include the union in that, and I include the NFL. There is no reason we would need someone to help us facilitate this process."

Issa and Cummings apparently disagree.

In December, their committee held a hearing at which medical experts testified that the current HGH test is reliable and that the union's request for a new study is unnecessary. Neither the league nor union was invited to participate in that hearing; at the time, Issa and Cummings said they expected additional hearings.

"We are disappointed with the NFLPA's remarkable recalcitrance, which has prevented meaningful progress on this issue," they wrote in their recent letter to Smith. "We intend to take a more active role to determine whether the position you have taken — that HGH is not a serious concern and that the test for HGH is unreliable — is consistent with the beliefs of rank and file NFL players."

Atallah questioned that premise.

"To us, there is no distinction between players and the union. ... The reason we had HGH in our CBA is precisely because our players wanted us to start testing for it," Atallah said. "We are not being recalcitrant for recalcitrance sake. We are merely following the direction of our player leadership."

Wiggins and other players said no one can know for sure how much HGH use there is in the league until there is testing — but that it's important for the union's concerns about the test to be answered.

"The union decides what is best for the players," said Ravens nose tackle Ma'ake Kemoeatu, who said he would be willing to go to Capitol Hill.

"I feel like some guys are on HGH," said 49ers offensive lineman Anthony Davis, who would rather not speak to Congress. "I personally don't care if there is testing. It's something they have to live with, knowing they cheated, and if they get (outplayed) while they're on it, it's a hit on their pride."

___

Follow Howard Fendrich on Twitter at http://twitter.com/HowardFendrich

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Well: Waiting for Alzheimer's to Begin

My gray matter might be waning. Then again, it might not be. But I swear that I can feel memories — as I’m making them — slide off a neuron and into a tangle of plaque. I steel myself for those moments to come when I won’t remember what just went into my head.

I’m not losing track of my car keys, which is pretty standard in aging minds. Nor have I ever forgotten to turn off the oven after use, common in menopausal women. I can always find my car in the parking lot, although lots of “normal” folk can’t.

Rather, I suddenly can’t remember the name of someone with whom I’ve worked for years. I cover by saying “sir” or “madam” like the Southerner I am, even though I live in Vermont and grown people here don’t use such terms. Better to think I’m quirky than losing my faculties. Sometimes I’ll send myself an e-mail to-do reminder and then, seconds later, find myself thrilled to see a new entry pop into my inbox. Oops, it’s from me. Worse yet, a massage therapist kicked me out of her practice for missing three appointments. I didn’t recall making any of them. There must another Nancy.

Am I losing track of me?

Equally worrisome are the memories increasingly coming to the fore. Magically, these random recollections manage to circumnavigate my imagined build-up of beta-amyloid en route to delivering vivid images of my father’s first steps down his path of forgetting. He was the same age I am now, which is 46.

“How old are you?” I recall him asking me back then. Some years later, he began calling me every Dec. 28 to say, “Happy birthday,” instead of on the correct date, Dec. 27. The 28th had been his grandmother’s birthday.

The chasms were small at first. Explainable. Dismissible. When he crossed the street without looking both ways, we chalked it up to his well-cultivated, absent-minded professor persona. But the chasms grew into sinkholes, and eventually quicksand. When we took him to get new pants one day, he kept trying on the same ones he wore to the store.

“I like these slacks,” he’d say, over and over again, as he repeatedly pulled his pair up and down.

My dad died of Alzheimer’s last April at age 73 — the same age at which his father succumbed to the same disease. My dad ended up choosing neurology as his profession after witnessing the very beginning of his own dad’s forgetting.

Decades later, grandfather’s atrophied brain found its way into a jar on my father’s office desk. Was it meant to be an ever-present reminder of Alzheimer’s effect? Or was it a crystal ball sent to warn of genetic fate? My father the doctor never said, nor did he ever mention, that it was his father’s gray matter floating in that pool of formaldehyde.

Using the jarred brain as a teaching tool, my dad showed my 8-year-old self the difference between frontal and temporal lobes. He also pointed out how brains with Alzheimer’s disease become smaller, and how wide grooves develop in the cerebral cortex. But only after his death — and my mother’s confession about whose brain occupied that jar — did I figure out that my father was quite literally demonstrating how this disease runs through our heads.

Has my forgetting begun?

I called my dad’s neurologist. To find out if I was in the earliest stages of Alzheimer’s, he would have to look for proteins in my blood or spinal fluid and employ expensive neuroimaging tests. If he found any indication of onset, the only option would be experimental trials.

But documented confirmation of a diseased brain would break my still hopeful heart. I’d walk around with the scarlet letter “A” etched on the inside of my forehead — obstructing how I view every situation instead of the intermittent clouding I currently experience.

“You’re still grieving your father,” the doctor said at the end of our call. “Sadness and depression affect the memory, too. Let’s wait and see.”

It certainly didn’t help matters that two people at my father’s funeral made some insensitive remarks.

“Nancy, you must be scared to death.”

“Is it hard knowing the same thing probably will happen to you?”

Maybe the real question is what to do when the forgetting begins. My dad started taking 70 supplements a day in hopes of saving his mind. He begged me to kill him if he wound up like his father. He retired from his practice and spent all day in a chair doing puzzles. He stopped making new memories in an all-out effort to preserve the ones he already had.

Maybe his approach wasn’t the answer.

Just before his death — his brain a fraction of its former self — my father managed to offer up a final lesson. I was visiting him in the memory-care center when he got a strange look on his face. I figured it was gas. But then his eyes lit up and a big grin overtook him, and he looked right at me and said, “Funny how things turn out.”

An unforgettable moment?

I can only hope.

---

Nancy Stearns Bercaw is a writer in Vermont. Her book, “Brain in a Jar: A Daughter’s Journey Through Her Father’s Memory,” will be published in April 2013 by Broadstone.

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Chinese Hackers Infiltrate New York Times Computers

SAN FRANCISCO — For the last four months, Chinese hackers have persistently attacked The New York Times, infiltrating its computer systems and getting passwords for its reporters and other employees.

The New York Times published an article in October about the wealth of the family of China's prime minister, Wen Jiabao, in both English and Chinese.

After surreptitiously tracking the intruders to study their movements and help erect better defenses to block them, The Times and computer security experts have expelled the attackers and kept them from breaking back in.

The timing of the attacks coincided with the reporting for a Times investigation, published online on Oct. 25, that found that the relatives of Wen Jiabao, China’s prime minister, had accumulated a fortune worth several billion dollars through business dealings.

Security experts hired by The Times to detect and block the computer attacks gathered digital evidence that Chinese hackers, using methods that some consultants have associated with the Chinese military in the past, breached The Times’s network. They broke into the e-mail accounts of its Shanghai bureau chief, David Barboza, who wrote the reports on Mr. Wen’s relatives, and Jim Yardley, The Times’s South Asia bureau chief in India, who previously worked as bureau chief in Beijing.

“Computer security experts found no evidence that sensitive e-mails or files from the reporting of our articles about the Wen family were accessed, downloaded or copied,” said Jill Abramson, executive editor of The Times.

The hackers tried to cloak the source of the attacks on The Times by first penetrating computers at United States universities and routing the attacks through them, said computer security experts at Mandiant, the company hired by The Times. This matches the subterfuge used in many other attacks that Mandiant has tracked to China.

The attackers first installed malware — malicious software — that enabled them to gain entry to any computer on The Times’s network. The malware was identified by computer security experts as a specific strain associated with computer attacks originating in China. More evidence of the source, experts said, is that the attacks started from the same university computers used by the Chinese military to attack United States military contractors in the past.

Security experts found evidence that the hackers stole the corporate passwords for every Times employee and used those to gain access to the personal computers of 53 employees, most of them outside The Times’s newsroom. Experts found no evidence that the intruders used the passwords to seek information that was not related to the reporting on the Wen family.

No customer data was stolen from The Times, security experts said.

Asked about evidence that indicated the hacking originated in China, and possibly with the military, China’s Ministry of National Defense said, “Chinese laws prohibit any action including hacking that damages Internet security.” It added that “to accuse the Chinese military of launching cyberattacks without solid proof is unprofessional and baseless.”

The attacks appear to be part of a broader computer espionage campaign against American news media companies that have reported on Chinese leaders and corporations.

Last year, Bloomberg News was targeted by Chinese hackers, and some employees’ computers were infected, according to a person with knowledge of the company’s internal investigation, after Bloomberg published an article on June 29 about the wealth accumulated by relatives of Xi Jinping, China’s vice president at the time. Mr. Xi became general secretary of the Communist Party in November and is expected to become president in March. Ty Trippet, a spokesman for Bloomberg, confirmed that hackers had made attempts but said that “no computer systems or computers were compromised.”

Signs of a Campaign

The mounting number of attacks that have been traced back to China suggest that hackers there are behind a far-reaching spying campaign aimed at an expanding set of targets including corporations, government agencies, activist groups and media organizations inside the United States. The intelligence-gathering campaign, foreign policy experts and computer security researchers say, is as much about trying to control China’s public image, domestically and abroad, as it is about stealing trade secrets.

This article has been revised to reflect the following correction:

Correction: January 31, 2013

An earlier version of this article misstated the year that the United States and Israel were said to have started a cyber attack that caused damage at Iran’s main nuclear enrichment plant, and the article misstated the specific type of attack. The attack was a computer worm, not a virus, and it started around 2008, not 2012.

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French Forces Pressing Mali Campaign Seize Rebel Stronghold

BAMAKO, Mali — French troops took control overnight of the airport at the last major northern Mali town still in rebel hands, officials said on Wednesday, after Islamist militants abandoned two other principal settlements in the vast, desert region where residents’ relief and elation has given way to some measure of reprisal and frustration.

A French military spokesman in Paris, Col. Thierry Burkhard, said French troops reached the airport at Kidal, in the remote northeast of Mali, in an ongoing operation that is ongoing.

Haminy Maiga, a local official, told news agencies that French forces met no resistance when they arrived aboard four airplanes that landed late on Tuesday. France also sent helicopters, he said.

Kidal is the capital of a desert region of the same name. Secular Tuareg rebels claim to be in control of the town after Islamists fled. A newly formed Islamist splinter group that broke with the main Ansar Dine Islamist force also claims to have a power base there.

The new group calls itself the Islamic Movement for the Azawad and is led by Alghabass Ag Intalla, a prominent leader of the Tuareg ethnic group from the Kidal region who has said he wants to negotiate a settlement with the central government in Bamako, 800 miles to the southwest. Azawad is a Tuareg term for northern Mali.

Mali has been in turmoil since early 2012, when junior officers in the south staged a coup to protest the government’s tepid response to an uprising in the north by Tuareg separatists who were subsequently pushed to the side by Islamic extremists bent on imposing an extreme form of Shariah law.

Earlier this month, the Islamists suddenly advanced toward the capital, threatening to engulf the south, topple the weak central government and destabilize a vast area of northern Africa.

After a series of punishing French airstrikes in recent days, French and Malian troops launched a lightning campaign on the ground, entering the northern towns of Gao and Timbuktu as Islamist rebels seemed to melted away to far-flung hide-outs, possibly in the Kidal Province.

In Gao, groups of residents were reported on Tuesday to be hunting down suspected fighters who had not fled ahead of the French-Malian military forces who took control of the town over the weekend. Other residents expressed concern that Gao remained unsafe and was acutely short of food and fuel after a prolonged isolation.

“The city is free, but I think the areas close by are still dangerous,” said Mahamane Touré, a Gao resident reached by telephone from Bamako, the capital. “These guys are out there.”

Mr. Touré, who spent the evening watching soccer on television and listening to music with friends, said that although everyone was enjoying the new freedoms, the legacy of Islamist occupation was evident in the hardship of everyday life.

“The price of gasoline is almost double, and the price of food is very high,” Mr. Touré said. “There are still things in the market, but no one has any money and there is no aid.”

Reporters and photographers in Timbuktu, the storied desert oasis farther north that the French-Malian forces secured on Monday, saw looters pillaging shops and other businesses, with some saying the merchants were mainly Arabs, Mauritanians and Algerians who had supported the Islamist radicals who summarily executed, stoned and mutilated people they suspected of being nonbelievers during their 10-month occupation.

Alex Crawford, a television correspondent for Britain’s Sky News, said, “This is months and months of frustration and repression finally erupting.”

The rapidly shifting developments came less than three weeks into the military effort led by France, the former colonial power whose helicopters and warplanes began arriving here at the Malian government’s invitation on Jan. 11. Since then other West African countries have started to send troops. Britain is preparing to send more than 300 military trainers, and the United States is providing aerial cargo and refueling help.

In Washington, Pentagon officials said that as of Tuesday 17 sorties by United States Air Force C-17 cargo jets had flown 500 French troops and 390 tons of equipment into Bamako. In addition, there has been one aerial refueling operation by an American KC-135 tanker aircraft, which provided 33,000 pounds of fuel to several French warplanes, the officials said.

At the same time, a meeting of international donors was getting under way on Tuesday in Addis Ababa, Ethiopia, as part of an effort to provide more than $450 million in long-term financing for the military intervention in Mali.

The French-led effort has met surprisingly little resistance from the array of Islamist militias that occupied the northern part of Mali, an area about twice the size of Germany, in the spring of 2012 in the midst of a national political crisis.

It remains unclear how long the foreign military occupation will last. Most of the Islamist fighters have melted into the desert and could be regrouping to fight again.

In a bid to consolidate the gains, troops from Mali and neighboring Niger arrived Tuesday in the small town of Ansongo, about 50 miles south of Gao, one day after President François Hollande of France urged African countries to take a more prominent role in the operations.

Just as in Gao two days before, residents filled the streets there to greet the arrival of the African troops as they toured Ansongo and its environs.

“Everyone is very, very, very happy,” said Ibrahim Haidara, an Ansongo resident reached by phone. “They chanted, ‘Vive la France!’ and ‘Long live African armies!’ ”

But like his counterparts in Gao, he worried that the fighters might not have gone very far.

“They are in the bush. They are hiding,” he said. “One must be careful.”

Peter Tinti reported from Bamako, Rick Gladstone from New York, and Alan Cowell from London. Scott Sayare contributed reporting from Paris, John F. Burns from London, and Elisabeth Bumiller from Washington.

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Facebook Graph Search Still Doesn’t Speak Human

Despite hiring a couple of linguists to get its new search engine to move “beyond ‘Robospeak” and actually understand how people talk, Facebook hasn’t actually taught Graph Search how to do that very well just yet. And that’s a problem, no matter which way the social network spins it. Unlike Google‘s pattern-matching search engine, Facebook’s new recommendation-based social search platform tries to understand full sentences. And that takes context, something that’s very hard to teach even the smartest computers, as one of the linguists that worked on the project, Amy Campbell, told The New York Times‘s Somini Sengupta. 

RELATED: Why Facebook’s Graph Search Can’t Give Users What They’re Looking for… Yet

In order to think more like a person the Graph Search team taught the engine 25 synonyms for “student” so that when someone types in “Stanford Academics that work at Facebook” the engine knows to look for “students” — 275,000 different ways in fact. But it turns out that an English class isn’t the future of machine learning: a grammar and vocabulary lesson proves a lot easier than complex sentient thoughts, and that’s where Facebook’s new product breaks down in practice.

RELATED: Why Google Isn’t Scared of Facebook’s Graph Search

For example, Graph Search doesn’t get vague pronouns. My query today for “photos Elle Reeve likes that she commented on” confuses Facebook’s beyond-robo engine. Instead, Graph Search results track down photos that my Atlantic Wire colleague “likes” but that I commented on:

RELATED: The Bad News-Good News of Tech Trademark Infringement

But Facebook’s ambiguity problem extends beyond “I” and “she.” Graph Search also has problems with double entendres, or sentences with nuance. The phrase “sports fans that like Lady Gaga play” has multiple meanings, notes the Times, especially because the word “fan” has its own special meaning on Facebook. (People with “Pages” have “fans.”) 

It’s not impossible to fix these specific issues. Facebook can add more relevant “context” to Graph Search as more people use it (beta testing rolled out over the last week). But never once has a machine perfectly understood our natural language. IBM’s Watson has come close, but it still made an embarrassing mistake every so often, and newer robots like Georgia Tech’s Simon are still getting there. Messups are okay (and entertaining) for a computer on a gameshow, or robots that might end up really helping bridge the computer-human divide. But, if I’m really going to use Graph Search as a way to find things in my day-to-day life, right now, those kind of hiccups should happen rarely to never — and Facebook’s slow phase-in excuse isn’t cutting it. If Graph Search can’t understand what humans want, it’s simply not doing its job. 

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A-Rod implicated in PED use again as MLB probes

NEW YORK (AP) — Alex Rodriguez is in the middle of Major League Baseball's latest doping investigation after an alternative weekly newspaper reported baseball's highest-paid star was among the big leaguers listed in the records of a Florida clinic the paper said sold performance-enhancing drugs.

The Miami New Times said Tuesday that the three-time AL MVP bought human growth hormone and other performance-enhancing substances during 2009-12 from Biogenesis of America LLC, a now-closed anti-aging clinic in Coral Cables, Fla., near Rodriguez's offseason home.

The new public relations firm for the New York Yankees third baseman issued a statement denying the allegations.

New Times said it obtained records detailing purchases by Rodriguez, 2012 All-Star game MVP Melky Cabrera, 2005 AL Cy Young Award winner Bartolo Colon and 2011 AL championship series MVP Nelson Cruz of Texas.

Cabrera left San Francisco after the season to sign with Toronto, while Oakland re-signed Colon.

Other baseball players the newspaper said appeared in the records include Washington pitcher Gio Gonzalez, who finished third in last year's NL Cy Young Award voting, and San Diego catcher Yasmani Grandal.

Biogenesis, which the New Times said was run by Anthony Bosch, was located in a beige, nondescript office park. The former clinic is no longer listed as a business in its directory,

"There was a flier put out by the building management a couple weeks ago. It was put on all the doors and windows of all the offices," said Brad Nickel, who works in a cruise planning company on the floor above where the clinic was located. "It just said this guy's not really a doctor, he doesn't belong here, he's no longer allowed here, call the police or the building management if you see him."

The New Times posted copies of what it said were Bosch's handwritten records, obtained through a former Biogenesis employee it did not identify.

Bosch's lawyer, Susy Ribero-Ayala, said in a statement the New Times report "is filled with inaccuracies, innuendo and misstatements of fact."

"Mr. Bosch vehemently denies the assertions that MLB players such as Alex Rodriguez and Gio Gonzalez were treated by or associated with him," she said.

Rodriguez appears 16 times in the documents New Times received, the paper said, either as "Alex Rodriguez," ''Alex Rod" or the nickname "Cacique," a pre-Columbian Caribbean chief.

Rodriguez admitted four years ago that he used PEDs from 2001-03. Cabrera, Colon and Grandal were suspended for 50 games each last year by MLB following tests for elevated testosterone. Responding to the testosterone use, MLB and the players' union said Jan. 10 they were authorizing the World Anti-Doping Agency laboratory outside Montreal to store each major leaguer's baseline testosterone/epitestosterone (T/E) ratio in order to detect abnormalities.

"We are always extremely disappointed to learn of potential links between players and the use of performance-enhancing substances," MLB said in a statement. "Only law enforcement officials have the capacity to reach those outside the game who are involved in the distribution of illegal performance-enhancing drugs. ... We are in the midst of an active investigation and are gathering and reviewing information."

A baseball official, speaking on condition of anonymity because he was not authorized to make public statements, said Monday that MLB did not have any documentation regarding the allegations. If MLB does obtain evidence, the players could be subject to discipline. First offenses result in a 50-game suspension and second infractions in 100-game penalties. A third violation results in a lifetime ban.

Rodriguez is sidelined for at least the first half of the season after hip surgery Jan. 16. A 50-game suspension would cost him $7.65 million of his $28 million salary.

"The news report about a purported relationship between Alex Rodriguez and Anthony Bosch are not true," Rodriguez said in a statement issued by a publicist. "He was not Mr. Bosch's patient, he was never treated by him and he was never advised by him. The purported documents referenced in the story — at least as they relate to Alex Rodriguez — are not legitimate."

Jay Reisinger, a lawyer who has represented Rodriguez in recent years, said the three-time AL MVP had retained Roy Black, an attorney from Rodriguez's hometown of Miami. Black's clients have included Rush Limbaugh and William Kennedy Smith.

Bosch did not return a phone message seeking comment.

MLB hopes to gain the cooperation of Bosch and others connected with the clinic, another baseball official said, also on condition of anonymity because no public statements on the matter were authorized. In order to successfully discipline players based on the records, witnesses would be needed to authenticate them, the official said.

Players could be asked to appear before MLB for interviews, but the official said MLB would be reluctant to request interviews before it has more evidence.

Rodriguez spent years denying he used PEDs before Sports Illustrated reported in February 2009 that he tested positive for two steroids in MLB's anonymous survey while with the Texas Rangers in 2003. Two days later, he admitted in an ESPN interview that he used PEDs over a three-year period. He has denied using PEDs after 2003.

If the new allegations were true, the Yankees would face high hurdles to get out of the final five years and $114 million of Rodriguez's record $275 million, 10-year contract. Because management and the players' union have a joint drug agreement, an arbitrator could determine that any action taken by the team amounted to multiple punishments for the same offense.

But if Rodriguez were to end his career because of the injury, about 85 percent of the money owed by the Yankees would be covered by insurance, one of the baseball officials said.

Gonzalez, 21-8 for the Washington Nationals last season, posted on his Twitter feed: "I've never used performance enhancing drugs of any kind and I never will, I've never met or spoken with tony Bosch or used any substance provided by him. anything said to the contrary is a lie."

Colon was not issuing a statement, agent Adam Katz said through spokeswoman Lisa Cohen.

"We are aware of certain allegations and inferences," Cruz's law firm, Farrell & Reisinger, said in a statement. "To the extent these allegations and inferences refer to Nelson, they are denied."

Cruz and Gonzalez had not previously been linked to performance-enhancing drugs. Cruz hit 24 home runs last year for the Rangers.

The New Times report said it obtained notes by Bosch listing the players' names and the substances they received. Several unidentified employees and clients confirmed to the publication that the clinic distributed the substances, the paper said. The employees said that Bosch bragged of supplying drugs to professional athletes but that they never saw the sports stars in the office.

The paper said the records list that Rodriguez paid for HGH; testosterone cream; IGF-1, a substance banned by baseball that stimulates insulin production; and GHRP, which releases growth hormones.

___

Associated Press writers Jennifer Kay in Coral Cables, Fla., and Curt Anderson in Miami, and AP Sports Writers Howard Fendrich and Tim Reynolds contributed to this report.

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