Feds charge former hedge fund manager in big insider-trading case









WASHINGTON -- Federal prosecutors on Tuesday charged a former hedge fund portfolio manager with securities fraud in connection with what they said was the most lucrative insider-trading case ever prosecuted.


In complaints filed in New York, authorities said investment advisors and hedge funds made more than $276 million in illegal profits or avoided losses by trading before the announcement in 2008 of negative results from clinical trials for an Alzheimer's disease drug being developed by Elan Corp. and Wyeth.


Prosecutors charged Mathew Martoma, a former portfolio manager at CR Intrinsic, an unregistered investment adviser, with securities fraud for allegedly illegally using information about the clinical trial results that he obtained from a neurologist at a hospital involved in the testing.





The criminal complaint did not name the neurologist, which it said was a cooperating witness in the case.


The Securities and Exchange Commission filed a a related civil suit Tuesday against Martoma, CR Intrinsic and Dr. Sidney Gilman, a neurology professor at the University of Michigan Medical School. The SEC suit said Gilman was chairman of the safety monitoring committee overseeing the clinical trials of the Alzheimer's drug.


Martoma met Gilman some time between 2006 and 2008 through paid consultations, the SEC complaint says. "During these consultations, Gilman provided Martoma with material, nonpublic information about the ongoing trial," the SEC complaint said.


In mid-July 2008, "Gilman provided Martoma with the actual, detailed results of the clinical trial" before an official announcement on July 29, 2008, the SEC said.


The FBI, SEC and U.S. attorney's office in New York scheduled a 12:30 p.m. EST news conference to discuss the case.


"The charges unsealed today describe cheating coming and going – specifically, insider trading first on the long side, and then on the short side, on a scale that has no historical precedent," said Preet Bharara, U.S. attorney for Manhattan.  "As alleged, by cultivating and corrupting a doctor with access to secret drug data, Mathew Martoma and his hedge fund benefited from what might be the most lucrative inside tip of all time."


Follow Jim Puzzanghera on Twitter and Google+.


Also:


Senate moves insider trading bill to Obama's desk.


Baseball star Eddie Murray settles insider-trading investigation.


Former Goldman Sachs director Rajat Gupta guilty of insider trading.





http://articles.latimes.com/2012/aug/17/business/la-fi-sec-murray-20120818






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Chemists Concoct the 'White Noise' of Smell



By Sid Perkins, ScienceNOW


If you play sounds of many different frequencies at the same time, they combine to produce neutral “white noise.” Neuroscientists say they have created an analogous generic scent by blending odors. Such “olfactory white” might rarely, if ever, be found in nature, but it could prove useful in research, other scientists say.


Using just a few hundred types of biochemical receptors, each of which respond to just a few odorants, the human nose can distinguish thousands of different odors. Yet humans can’t easily identify the individual components of a mixture, even when they can identify the odors alone, says Noam Sobel, a neuroscientist at the Weizmann Institute of Science in Rehovot, Israel. Now, he and his colleagues suggest, various blends made up of a large number of odors all begin to smell the same—even when the blends share no common components.


For their study, the researchers used 86 nontoxic odorants that had a wide variety of chemical and physical properties such as molecular structure, molecular weight, and volatility. Those chemicals also spanned a perceptual scale from “pleasant” to “unpleasant” and another such scale on which scents were judged to range from “edible” to “poisonous.” The researchers then diluted the chemicals so that their odors were equally intense. Finally, they created mixtures by dripping individual odorants onto separate regions of an absorptive pad in a jar, a technique that prevented the substances from reacting in liquid form to create new substances or odors. The odor blends contained anywhere from one to 43 of the chemicals, Sobel says.



In the tests, volunteers sniffed a mixture and then compared it with other mixtures made up of varying numbers of odorants. When the test mixture had just a few components, volunteers could easily distinguish it from the other blends, Sobel says. But as the number of odorants in a mixture rose above 20, volunteers began to perceive the blends as becoming more and more similar. By the time mixtures contained 30 or more components, most of the blends were judged to smell alike, the researchers report online today in the Proceedings of the National Academy of Sciences. The team dubbed the generic scent associated with large mixtures “olfactory white.”


Although many scents—such as coffee, wine, roses, and dirty socks—are complex blends containing hundreds of components, they are very distinctive. At least two factors are responsible, Sobel says: The individual odorants are often chemically related, and often one or more of them is vastly more intense than the rest.


The team’s findings are “a clever piece of work that shows the olfactory system works exactly as we would predict from our current understanding of it,” says Tim Jacob, a neuroscientist at Cardiff University in the United Kingdom. “That is, if you stimulate every olfactory ‘channel’ to the same extent, the brain cannot characterize or identify a particular smell,” he notes.


“Olfactory white is a neat idea, and it draws interesting parallels to white light and white noise,” says Jay Gottfried, an olfactory neuroscientist at Northwestern University’s Feinberg School of Medicine in Chicago, Illinois. The new study “definitely adds new information about how the brain interprets odors,” he notes.


Even though olfactory white is not likely to be encountered in nature, the concept could be useful, Gottfried says. “Researchers have found that white noise is a useful stimulus in experiments to probe auditory responses,” he notes, and scientists probing the human sense of smell might find similar uses for olfactory white.


This story provided by ScienceNOW, the daily online news service of the journal Science.


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Phillip Phillips looks at life beyond “American Idol”
















LOS ANGELES (Reuters) – Like the 10 winners before him, Phillip Phillips faces the uneven road from “American Idol” victor to pop-chart mainstay.


After the success of his Top 10 hit, “Home,” the Georgia native is facing a new challenge – to replicate the mainstream successes of past “Idol” winners Carrie Underwood and Kelly Clarkson on his debut album, “The World from the Side of the Moon,” released on Monday by Interscope Records.













Phillips, 22, spoke to Reuters about making his first proper studio album, what he might do differently on a second one, and whether he could have won “Idol” with this season’s panel of judges.


Q: How do you plan to transition from “American Idol” winner to a mainstream music career?


A: “It’s pretty funny that you mention that because the majority of the people I meet don’t even know that I was on ‘Idol.’ It’s really cool to hear that. When I go home, people ask, ‘What’ve you been doing? I’ve heard your song,’ but they don’t even know that I’ve been on ‘Idol.’”


Q: Your first single “Home” has gone twice platinum. You’ve said that it isn’t a song you would have written yourself. What’s your relationship now with your first hit?


A: “It’s amazing how well it has done, and I look at all the stories that I hear like how it has helped families out with their situation, or something’s happened with their kid, mom or dad, or if their child’s overseas in the war. Something like that’s pretty amazing how many different stories come out of it.”


Q: Did you have any ideas on how you wanted to develop your sound finally getting into a big-time studio?


A: “I already had the songs written, and it was just a matter of throwing in ideas and then just trimming it down to what felt right, because we only had three weeks to do this album. So it was kind of pressured, but that kind of helped out as well. It didn’t make us overthink anything.”


Q: Was there anything in particular you wanted to achieve?


A: “I wanted to make it similar to what I did on the show – a horn section and some rock. I tried to be a little artistic. I just wrote what came from my heart and what felt right.”


Q: Unlike many of the other contestants, you went into “Idol” as a songwriter, how many of the album’s songs did you write?


A: “I think five. Some of the co-writes, (the writers) really just kind of pushed me, so I kind of wrote most of those myself. But it was a lot of fun; it was a great experience.”


Q: Would you do anything differently next time?


A: “It’s still early, but I’d definitely want a little more time to do it. But that’s really about it, because three weeks is just really quick, and also I have just so many other things going on. … It was very kind of stressful and hopefully for the next record I’ll have a little more time.”


Q: What would that time allow you to do in the studio?


A: “Just being able to listen to it a little more. We all knew that it sounded really good but also having to listen to, like 17 songs in a row. You say, ‘Yeah that sounds great’ but you listen to it more and more and (say) ‘Maybe I would’ve brought this instrument down a little bit or brought it up a little bit more.’”


Q: Would you have fared any differently on ‘Idol’ with the current judges Nicky Minaj and Mariah Carey?


A: “I don’t know. I’m curious to see how they’re going to judge. It’s a completely different panel this year. … I don’t really know how I would’ve turned out. Maybe I’ll have to go out and audition again (laughs).”


Q: Would you have had to change your roots-y style?


A: “Naw, I would’ve still been the same dude. If they wouldn’t have sent me through, they wouldn’t have sent me through. And if they did, that’d be awesome.”


(Reporting By Eric Kelsey, editing by Jill Serjeant and Gunna Dickson)


Music News Headlines – Yahoo! News



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DealBook: Hewlett-Packard Takes $8.8 Billion Charge

Hewlett-Packard said on Tuesday that it had taken an $8.8 billion accounting charge, after discovering “serious accounting improprieties” and “outright misrepresentations” at Autonomy, a British software maker that it bought for $10 billion last year.

It is a major setback for H.P., which has been struggling to turn around its operations and remake its business.

The charge essentially wiped out its profit. In the latest quarter, H.P. reported a net loss of $6.9 billion, compared with a $200 million profit in the period a year earlier. The company said the improprieties and misrepresentations took place just before the acquisition, and accounted for the majority of the charges in the quarter, more than $5 billion.

Shares in H.P. plummeted nearly 11 percent in early afternoon trading on Tuesday, to less than $12.

Hewlett-Packard bought Autonomy in the summer of 2011 in an attempt to bolster its presence in the enterprise software market and catch up with rivals like I.B.M. The takeover was the brainchild of Léo Apotheker, H.P.’s chief executive at the time, and was criticized within Silicon Valley as a hugely expensive blunder.

Mr. Apotheker resigned a month later. The management shake-up came about one year after Mark Hurd was forced to step down as the head of H.P. after questions were raised about his relationship with a female contract employee.

“I’m both stunned and disappointed to learn of Autonomy’s alleged accounting improprieties,” Mr. Apotheker said in a statement. “The developments are a shock to the many who believed in the company, myself included. ”

Since then, H.P. has tried to revive the company and to move past the controversies. Last year, Meg Whitman, a former head of eBay, took over as chief executive and began rethinking the product lineup and global marketing strategy.

But the efforts have been slow to take hold.

In the previous fiscal quarter, the company announced that it would take an $8 billion charge related to its 2008 acquisition of Electronic Data Systems, as well as added costs related to layoffs. Then Ms. Whitman told Wall Street analysts in October that revenue and profit would be significantly lower, adding that it would take several years to complete a turnaround.

“We have much more work to do,” Ms. Whitman said at the time.

Hewlett-Packard continues to face weakness in its core businesses. Revenue for the full fiscal year dropped 5 percent, to $120.4 billion, with the personal computer, printing, enterprise and service businesses all losing ground. Earnings dropped 23 percent, to $8 billion, over the same period.

“As we discussed during our securities analyst meeting last month, fiscal 2012 was the first year in a multiyear journey to turn H.P. around,” Ms. Whitman said in a statement. “We’re starting to see progress in key areas, such as new product releases and customer wins.”

The strategic troubles have weighed on the stock. Shares of H.P. have dropped to less than $12 from nearly $30 at their high this year.

The latest developments could present another setback for Ms. Whitman’s efforts.

When the company assessed Autonomy before the acquisitions, the financial results appeared to pass muster. Ms. Whitman said H.P.’s board at the time – which remains the same now, except for the addition of the activist investor Ralph V. Whitworth – relied on Deloitte’s auditing of Autonomy’s financial statements. As part of the due diligence process for the deal, H.P. also hired KPMG to audit Deloitte’s work.

Neither Deloitte nor KPMG caught the accounting discrepancies. Deloitte said in a statement that it could not comment on the matter, citing client confidentiality. “We will cooperate with the relevant authorities with any investigations into these allegations,” the accounting firm said.

Hewlett-Packard said it first began looking into potential accounting problems in the spring, after a senior Autonomy executive came forward. H.P. then hired a third-party forensic accounting firm, PricewaterhouseCoopers, to conduct an investigation covering Autonomy sales between the third quarter 2009 and the second quarter 2011, just before the acquisition.

The company said it discovered several accounting irregularities, which disguised Autonomy’s actual costs and the nature of the its products. Autonomy makes software that finds patterns, data that is used by companies and governments.

H.P. said that Autonomy, in some instances, sold hardware like servers, which has higher associated costs. But the company booked these as software sales. It had the effect of underplaying the company’s expenses and inflating the margins.

“They used low-end hardware sales, but put out that it was a pure software company,” said John Schultz, the general counsel of H.P. Computer hardware typically has a much smaller profit margin than software. “They put this into their growth calculation.”

An H.P. official, who spoke on background because of ongoing inquiries by regulators, said the hardware was sold at a 10 percent loss. The loss was disguised as a marketing expense, and the amount registered as a marketing expense appeared to increase over time, the official said.

H.P. also contends that Autonomy relied on value-added resellers, middlemen who sold software on behalf of the company. Those middlemen reported sales to customers that didn’t actually exist, according to H.P.

H.P. also claims that that Autonomy was taking licensing revenue upfront, before receiving the money. That improper assignment of sales inflated the company’s gross profit margins.pfront, before receiving the money. It had the effect, the company said, of significantly bolstering Autonomy’s gross margin.

Hewlett Packard turned over its findings to Securities and Exchange Commission in the United States and the Serious Fraud Office in Britain with the last week. In a conference call with analysts, Ms. Whitman said the company might consider legal actions against several parties.

The former management team of Autonomy, which includes the company’s founder Mike Lynch, rejected H.P. claims about the accounting issues.

“H.P. has made a series of allegations against some unspecified former members of Autonomy Corporation PLC’s senior management team. The former management team of Autonomy was shocked to see this statement today, and flatly rejects these allegations, which are false,” the group said in a statement. “It took 10 years to build Autonomy’s industry-leading technology and it is sad to see how it has been mismanaged since its acquisition by H.P.”

While Mr. Schultz would not detail H.P.’s future legal strategy, he said “we intend to be aggressive in recovering value for our shareholders.” In addition to Mr. Lynch, the company indicated this could include other individuals, including perhaps former senior executives of H.P. who missed the bad accounting. “We’re not limiting it to Autonomy,” Mr. Shulz said.

H.P. also underscored the importance of Autonomy to the broader strategy, emphasized the quality of the products. “This is a very healthy company with good products that exist,” said Mr. Shultz. “At its core, these are very good products.”

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Existing-home sales and builder confidence rise









WASHINGTON -- The housing market recovery showed signs it is continuing to strengthen as sales of existing homes increased 2.1% in October from the previous month and a measure of home-builder confidence jumped in November to its highest level since 2006.


Sales of existing homes rose to a seasonally adjusted annual rate of 4.79 million last month, up from a downwardly revised 4.69 million rate in September, that National Assn. of Realtors reported Monday. Sales were up 10.9% in October from a year earlier.


Stronger demand helped push up the median home price nationwide to $178,600 in October, an increase of 11.1% from a year earlier, the group said. It was the eighth-straight month to show a year-over-year increase, the first time that's happened since 2005-2006.





Fewer houses on the market also helped drive price increases. There were 2.14 million existing homes for sale in October, down 1.4% from September. That translates to a 5.4-month supply at the current sales rate, the lowest level since February 2006.


Sales by distressed homeowners still accounted for a large chunk of activity. Foreclosures and short sales made up 24% of October's sales. That was the same level as in September, but down from 28% a year earlier.


Superstorm Sandy had some negative impact on sales, the group said.


The Northeast, which was hit hard by the storm, was the only region to show a decrease in sales in October from the previous month. Sales were down 1.7% there, while they increased 1.8% in the Midwest, 2.1% in the South and 4.4% in the West.


"Home sales continue to trend up and most October transactions were completed by the time the storm hit, but the growing demand with limited inventory is pressuring home prices in much of the country," said Lawrence Yun, chief economist at the Realtors group. 


He expected more of an impact in the Northeast in coming months.


The improving housing market led to a boost in builder confidence, according to a measure released Monday.


The National Assn. of Home Builders/Wells Fargo Housing Market Index rose five points in November to 46 from the previous month. It was the seventh straight monthly increase, lifting the index to its highest level since May 2006, before the crash of the subprime housing market.


The index remained below 50, indicating that builders who view sales conditions as poor still outnumber those who view them as good. But the index is up sharply from its 19 reading a year ago, the home builders group said.


“Builders are reporting increasing demand for new homes as inventories of foreclosed and distressed properties begin to shrink in markets across the country,” said Barry Rutenberg, a home builder from Gainesville, Fla., and chairman of the builders' group.


“In view of the tightening supply and other improving conditions, many potential buyers who were on the fence are now motivated to move forward with a purchase in order to take advantage of today’s favorable prices and interest rates,” he said. 


ALSO:


FHA's reserves fall into the red


California home sales pop in October


Most aid from mortgage settlement in state going to short sales



Follow Jim Puzzanghera on Twitter and Google+.





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Apple Eyes First Overseas Data Center in Hong Kong



Apple’s data-center empire has yet expand oversees, but it seems this is about to change.


Citing three unnamed sources, the Chinese-language Hong Kong Economic Times reports that Apple is planning to open a data center in Hong Kong, following in the footsteps of Google, its biggest rival.


This would be Apple’s first data center outside the U.S. Currently, the company serves up iCloud and other online services from massive computing facilities in Cupertino, California, at its headquarters; Newark, California, just north of Cupertino; and Maiden, North Carolina. It’s also developing additional facilities in Prineville, Oregon, and Reno, Nevada.


Apple is just one of several big-name web outfits that have erected their own data centers in an effort to save power and cost, rather than just leasing space in third-party facilities. Google was at the forefront of this movement — it now operates nine data centers across the globe — and it was soon joined by the likes of Microsoft, Yahoo, and Facebook.


According to the Hong Kong Ecocomic Times, Apple is an eyeing a place at the Hong Kong Science and Technology Parks, located on the Tsueng Kwan O Industrial Estate in the southeast part of the city. Several others companies — including Japanese telecom giant NTT and Hong Kong bank HSBC — already operate data centers there.


Apple news site 9to5Mac has previously reported that Apple plans to begin work on its Hong Kong data center in the first quarter of next year, and that it plans to open the facility in 2015. China represents Apple’s fastest growing market, and having it local data center would allow the company to accelerate the delivery of online services to the region.


Apple did not immediately respond to a request for comment.


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Rock band AC/DC releases entire catalog on iTunes
















NEW YORK (AP) — AC/DC is finally releasing its music digitally on iTunes.


Columbia Records and Apple announced Monday that the classic rock band’s music will be available at the iTunes Store worldwide. Sixteen studio albums will be released, including “High Voltage” and “Back in Black.”













AC/DC was one of the few acts that would not release music through the digital outlet. The Beatles and Kid Rock were also against selling music on iTunes, but have since jumped onboard. Country star Garth Brooks has yet to release his music on iTunes.


Four of AC/DC’s live albums and three compilation records are also available. The statement said the songs have been mastered for iTunes “with increased audio fidelity.”


Entertainment News Headlines – Yahoo! News



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Teenage Boys, Worried About Body Image, Take Health Risks


Béatrice de Géa for The New York Times


David Abusheikh at a gym in Brooklyn. He goes six days a week and says he uses protein supplements to help build muscle.







It is not just girls these days who are consumed by an unattainable body image.




Take David Abusheikh. At age 15, he started lifting weights for two hours a day, six days a week. Now that he is a senior at Fort Hamilton High School in Brooklyn, he has been adding protein bars and shakes to his diet to put on muscle without gaining fat.


“I didn’t used to be into supplements,” said Mr. Abusheikh, 18, who plans on a career in engineering, “but I wanted something that would help me get bigger a little faster.”


Pediatricians are starting to sound alarm bells about boys who take unhealthy measures to try to achieve Charles Atlas bodies that only genetics can truly confer. Whether it is long hours in the gym, allowances blown on expensive supplements or even risky experiments with illegal steroids, the price American boys are willing to pay for the perfect body appears to be on the rise.


In a study to be published on Monday in the journal Pediatrics, more than 40 percent of boys in middle school and high school said they regularly exercised with the goal of increasing muscle mass. Thirty-eight percent said they used protein supplements, and nearly 6 percent said they had experimented with steroids.


Over all, 90 percent of the 1,307 boys in the survey — who lived in the Minneapolis-St. Paul area, but typify what doctors say is a national phenomenon — said they exercised at least occasionally to add muscle.


“There has been a striking change in attitudes toward male body image in the last 30 years,” said Dr. Harrison Pope, a psychiatry professor at Harvard who studies bodybuilding culture and was not involved in the study. The portrayal of men as fat-free and chiseled “is dramatically more prevalent in society than it was a generation ago,” he said.


While college-age men have long been interested in bodybuilding, pediatricians say they have been surprised to find that now even middle school boys are so absorbed with building muscles. And their youth adds an element of risk.


Just as girls who count every calorie in an effort to be thin may do themselves more harm than good, boys who chase an illusory image of manhood may end up stunting their development, doctors say, particularly when they turn to supplements — or, worse, steroids — to supercharge their results.


“The problem with supplements is they’re not regulated like drugs, so it’s very hard to know what’s in them,” said Dr. Shalender Bhasin, a professor of medicine at Boston University School of Medicine. Some contain anabolic steroids, and even high-quality protein supplements might be dangerous in large amounts, or if taken to replace meals, he said. “These things just haven’t been studied very well,” he said.


Anabolic steroids pose a special danger to developing bodies, Dr. Bhasin said. Steroids “stop testosterone production in men,” he said, leading to terrible withdrawal problems when still-growing boys try to stop taking them. Still, the constant association of steroids with elite athletes like Lance Armstrong and Barry Bonds perpetuates the notion that they can be managed successfully.


Online, in bodybuilding forums for teenagers, boys barely out of puberty share weight-lifting regimens and body fat percentages, and judge one another’s progress. On Tumblr and Facebook, teenagers post images of ripped athletes under the heading “fitspo” or “fitspiraton,” which are short for “fitness inspiration.” The tags are spinoffs of “thinspo” and “thinspiration” pictures and videos, which have been banned from many sites for promoting anorexia.


“Lifted b4 school today felt good but was weak as hell,” wrote one boy who said he was 15 and from Tallahassee, Fla., on a message board on Bodybuilding.com in September, saying he bench-pressed 245 pounds. “Barely got it.”


Many of these boys probably see themselves in Mike Sorrentino, “The Situation” from the “Jersey Shore” series on MTV, or the Adam Sackler character, on the HBO series “Girls,” who rarely wears a shirt or takes a break from his crunches.


Mr. Abusheikh, for instance, has a Facebook page full of photos of himself shirtless or showing off his six-pack abs. At his high school, participation in the annual bodybuilding competition hit an all-time high of 30 students this year.


“They ask us about everything,” said Peter Rivera, a physical education teacher at Fort Hamilton High School who helps oversee the competition. “How do I lose weight? How do I gain muscle? How many times a week should I work out?” Some boys want to be stronger for sports, Mr. Rivera said, but others “want to change their body type.”


Compared with a sedentary lifestyle of video games and TV, an obsession with working out may not quite qualify as a health hazard. And instructors like Mr. Rivera say most boys are eager for advice on the healthiest, drug-free ways to get in shape.


With so little known about supplements, it can be difficult, particularly for teenagers, to make wise decisions.


This article has been revised to reflect the following correction:

Correction: November 19, 2012

An earlier version of this article gave an incorrect nationality for the soccer player Cristiano Ronaldo. He is Portuguese, not Brazilian. Because of an editing error, it misstated the number of boys included in the survey. The researchers interviewed 2,793 boys and girls, not 2,800 boys. It also described incorrectly the title of Dr. Shalender Bhasin. He is a professor of medicine at Boston University School of Medicine, not at the Boston Medical Center.



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Investors Rush to Beat Threat of Higher Taxes





Business owners and investors are rapidly maneuvering to shield themselves from the prospect of higher taxes next year, a strategy that is sending ripples across Wall Street and broad areas of the economy.




Take Steve Wynn, the casino magnate, who has been a vocal critic of higher tax rates. He and his fellow shareholders in Wynn Resorts, the company announced, will collect a special dividend of $750 million on Tuesday, a payout timed to take advantage of current rates. Experts estimated that taking the payout this year instead of next could save Mr. Wynn, who owns a sizable stake in the company, more than $20 million.


For the wealthy like Mr. Wynn, the overriding goal is to record as much of their future income this year as they can. This includes moves as diverse as sales of businesses, one-time dividends and the sale of stocks that have been big winners.


“In my 30 years in practice, I’ve never seen such a flood of desire and action to transfer a business and cash out,” said Kenneth K. Bezozo, a partner in New York with the law firm Haynes and Boone. “We’re seeing a watershed event.”


Whether small business owners or individuals saving for retirement, investors are being urged by their advisers to reconsider their holdings. Along the way, many are shedding the very investments that have been the most popular over the last year, contributing to recent sell-offs in formerly high-flying shares like Apple and Amazon.


Investors typically take profits in their own portfolio at year-end, but the selling appears to be more targeted this year. Stocks with large dividends, for instance, are seen as less attractive because of the perceived likelihood of a sharp increase in the tax rate on dividends.


All this is weighing on the broader financial markets, as worries mount about the economic drag from the combination of higher tax rates and reduced government spending set for January if President Obama and Senate Republicans cannot reach a budget compromise before then.


Fears about the fiscal impasse in Washington, along with anxiety about fading corporate profits and weakening economies abroad, have pushed the benchmark Standard & Poor’s 500-stock index down about 5 percent since the election. On Friday, major stock indexes had their best showing of the week after President Obama and Republican leaders signaled that a compromise was possible.


Even if many of the tax breaks scheduled to expire survive a new budget deal, some business owners and investors are bracing for substantial increases in specific areas of the tax code.


The top rate on dividends, for example, could climb to 39.6 percent from 15 percent if no action is taken. Capital gains taxes, which now top out at 15 percent, could rise above 20 percent, many financial advisers say. Most investment income will also be subject to a 3.8 percent charge to help pay for President Obama’s health care law.


Stocks that pay big dividends have been popular in recent years among investors eager for an alternative to the meager returns on bank savings accounts and Treasury securities. Since October, though, the two sectors that provide the most generous dividend payments — utilities and telecommunication stocks — have been among the worst performers, hurt also in part by the devastation of Hurricane Sandy on the East Coast. Utility companies in the S.& P. 500 have fallen 9.4 percent from their highs in October. Telecommunication stocks in the index have dropped 11.3 percent from theirs, compared with the broader index’s 6.8 percent decline from its recent high.


John Moorin, the founder of a medical equipment company near Indianapolis, said he sold about $650,000 in dividend-paying stocks like McDonald’s and Coca-Cola a few days after the election, worried about the potential increase in taxes.


“I love these companies, but I’m so scared that now all of the sudden I’m going to get taxed at such a rate with them that they won’t be worth anything,” Mr. Moorin said.


Although Mr. Wynn has declared special dividends at the end of the year before — most recently in 2011 — in a call with analysts last month, he hinted that higher taxes would cause him and other chief executives to rethink big payouts in future years.


In the meantime, he added, it was “very difficult to do long-range planning with a government that moves as much as this does on so many issues.”


Leggett & Platt, a diversified manufacturer based in Carthage, Mo., decided to move up payment of its fourth-quarter dividend to December from January so shareholders could take advantage of the lower rate.


“If we can help our shareholders avoid taxes and keep more of their dividends, we’ll do it,” said David M. DeSonier, senior vice president for corporate strategy and investor relations.


David Kocieniewski contributed reporting.



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A young shooting victim wrestles with his fears









After the nightmares started, Davien Graham avoided his bicycle.


In his dreams, he pedaled his silver BMX bike through his neighborhood, heard gunfire and died.


If I stay off my bike, I'll be safe, he thought.





He placed it in a backyard shed, where it sat for months. But Jan. 12, 2008, dawned so spectacular that Davien decided to risk it.


He ate Cap'n Crunch Berries cereal, grabbed the bike and rode a half-mile west to Calvary Grace, a Southern Baptist church that was his haven.


Davien lived with an unemployed aunt and uncle, a former Crip, and five other kids in a cramped four-bedroom house in Monrovia, about 20 miles east of Los Angeles.


Yet as a 16-year-old junior at Monrovia High School, Davien earned A's and B's, played JV football and volunteered with the video club. He cleaned the church on Saturdays for minimum wage.


If I live right, God will protect me.


That afternoon, sweaty from cleaning, Davien reached for his wallet to buy a snack — only to realize he had forgotten it at home.


After returning to his house, he caught his reflection in the front window. He was 6 feet 2 and wiry. His skinny chest was beginning to broaden. He was trying to add weight to his 160-pound frame in time for varsity football tryouts.


He showered, told his aunt he would be right back and again jumped on his bike, size-14 Nike Jordans churning, heading for a convenience store near the church.


At the store, he bought Arizona fruit punch and lime chili Lay's potato chips. He recognized a kindergarten-age Latino boy and bought him Twinkies.


Davien pedaled down the empty sidewalk along Peck Road. He could hear kids playing basketball nearby. As he neared the church, a car passed, going in the opposite direction. He barely noticed.


He heard car tires crunching on asphalt behind him. He glanced back, expecting a friend.


Instead he heard: "Hey, fool."


The gun was gray. It had a slide. Davien recognized that much from watching the Military Channel.


Behind the barrel, he saw forearms braced to fire and the face of a Latino man, a former classmate.


The gunman shouted, "Dirt Rock!," cursing a local black gang, the Duroc Crips.


Davien's mind raced: Don't panic. Watch the barrel. Duck.


Suddenly, he was falling. Then he was on the ground, looking up at the church steeple and the cross.





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