DealBook: Berkshire and 3G Capital to Buy Heinz for $23 Billion

10:12 a.m. | Updated

Warren E. Buffett has found another American icon worth buying: H. J. Heinz.

Berkshire Hathaway, the giant conglomerate that Mr. Buffett runs, said on Thursday that it would buy the food giant for about $23 billion, adding Heinz ketchup to its stable of prominent brands.

The proposed acquisition, coming fast on the heels of a planned $24 billion buyout of the computer maker Dell and a number of smaller deals, heralds a possible reemergence in merger activity.  The number of deals and the prices being paid for companies are still a far cry from the lofty heights of the boom before the financial crisis.  But an improving stock market, growing confidence among business executives and mounting piles of cash held by corporations and private equity funds all favor a return to deal-making. 

Mr. Buffett is teaming up with 3G Capital Management, a Brazilian-backed investment firm that owns a majority stake in a company whose business is complementary to Heinz’s: Burger King.

Under the terms of the deal, Berkshire and 3G will pay $72.50 a share, about 20 percent above Heinz’s closing price on Wednesday. Including debt, the transaction is valued at $28 billion.

“This is my kind of deal and my kind of partner,” Mr. Buffett told CNBC on Thursday. “Heinz is our kind of company with fantastic brands.”

In many ways, Heinz fits Mr. Buffett’s deal criteria almost to a T. It has broad brand recognition – besides ketchup, it owns Ore-Ida and Lea & Perrins Worcestershire sauce – and has performed well. Over the last 12 months, its stock has risen nearly 17 percent.

Mr. Buffett told CNBC that he had a file on Heinz dating back to 1980. But the genesis of Thursday’s deal actually lies with 3G, an investment firm backed by several wealthy Brazilian families, according to a person with direct knowledge of the matter.

One of the firm’s principal backers, Jorge Paulo Lemann, brought the idea of buying Heinz to Berkshire about two months ago, this person said. Mr. Buffett agreed, and the two sides approached Heinz’s chief executive, William R. Johnson, about buying the company.

“We look forward to partnering with Berkshire Hathaway and 3G Capital, both greatly respected investors, in what will be an exciting new chapter in the history of Heinz,” Mr. Johnson said in a statement.

Berkshire and 3G will each contribute about $4 billion in cash to pay for the deal, with Berkshire also paying $8 billion for preferred shares. The rest of the cost will be covered by debt financing raised by JPMorgan Chase and Wells Fargo.

Mr. Buffett told CNBC that 3G would be the primary supervisor of Heinz’s operations, saying, “Heinz will be 3G’s baby.”

The food company’s headquarters will remain in Pittsburgh, Heinz’s home for over 120 years.

Heinz’s stock was up nearly 20 percent in morning trading, at $72.51, closely mirroring the offered price. Berkshire’s class A stock was also up slightly, rising 0.64 percent to $148,691 a share.

Heinz was advised by Centerview Partners, Bank of America Merrill Lynch and the law firm Davis Polk & Wardwell. A transaction committee of the company’s board was advised by Moelis & Company and Wachtell, Lipton, Rosen & Katz.

Berkshire’s and 3G’s lead adviser was Lazard, with JPMorgan and Wells Fargo providing additional advice. Kirkland & Ellis provided legal advice to 3G, while Berkshire relied on its usual law firm, Munger, Tolles & Olson.

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Charred human remains found in burned cabin

Charred human remains have been found in the burned cabin where police believe fugitive ex-cop Christopher Dorner was holed up after trading gunfire with law enforcement, authorities
said.

If the body is identified
to be Dorner’s, the standoff would end a weeklong manhunt for the ex-LAPD
officer and Navy Reserve lieutenant who is believed to be responsible for a string of revenge-fueled shootings following his firing by the Los Angeles Police Department several
years ago. Four people have died, allegedly at Dorner’s hands.

The latest burst of
gunfire Tuesday came after the suspect, attempting to flee law enforcement
officials, shot to death a San Bernardino County sheriff’s deputy and
seriously injured another, officials said. He then barricaded himself in a wooden cabin outside
Big Bear, not far from ski resorts in the snow-capped San Bernardino Mountains
east of Los Angeles, according to police.

PHOTOS: Manhunt for ex-LAPD officer

Just before 5 p.m., authorities smashed the cabin's windows, pumped in tear
gas and called for the suspect to surrender. They got no response. Then, using
a demolition vehicle, they tore down the cabin's walls one by one. When they
reached the last wall, they heard a gunshot, officials said, and then the cabin burst into flames.

Los Angeles Police Chief Charlie Beck said he would not consider the manhunt
over until a body was identified as Dorner.

"It is a bittersweet night," Beck said as he drove to the hospital
where the injured deputy was located. The deputy is expected to survive, but it is anticipated that he'll need several surgeries. "This could have ended
much better, it could have ended worse. I feel for the family of the deputy who
lost his life."

TIMELINE: Manhunt for ex-LAPD officer

According to a manifesto that authorities say Dorner posted on Facebook, he felt that the LAPD
unjustly fired him several years ago, after a disciplinary panel determined that he lied
in accusing his training officer of kicking a mentally ill man during an
arrest. Beck has promised to review the case.

The manifesto vowed "unconventional and asymmetrical
warfare" against law enforcement officers and their families. "Self-preservation is no longer important to me. I do not
fear death as I died long ago."

Last week, authorities said they had tracked Dorner, 33, to a wooded area near Big Bear
Lake. They said they found his torched gray Nissan Titan with several weapons inside, and that the only trace of the suspect was a short trail of footprints in newly fallen snow.

INTERACTIVE MAP: Searching for suspected shooter

On Tuesday morning, two maids entered a cabin in the 1200 block of Club View
Drive and ran into a man who they said resembled the fugitive, a law
enforcement official said. The cabin was not far from where Dorner's singed
truck had been found and where police had been holding news conferences about
the manhunt.

The man tied up the maids, and he took off in a purple Nissan parked near
the cabin, the official said. About 12:20 p.m., one of the maids broke free and called police.

Nearly half an hour later, officers with the California Department of Fish
and Wildlife spotted the stolen vehicle and called for backup, authorities said. The suspect
turned down a side road in an attempt to elude the officers but crashed the
vehicle, police said.

FULL COVERAGE: Sweeping manhunt for ex-cop

A short time later, authorities said, the suspect carjacked a light-colored
pickup truck. Allan Laframboise said the truck belonged to his friend. Rick
Heltebrake, who works at a nearby Boy Scout camp.

Heltebrake was driving on Glass Road with his Dalmatian, Suni, when a
hulking African American man stepped into the road, Laframboise said.
Heltebrake stopped. The man told him to get out of the truck.

"Can I take my dog?" Heltebrake asked, according to his friend.

"You can leave and you can take your dog," the man reportedly said. He then
sped off in the Dodge extended-cab pickup -- and quickly encountered two
Department of Fish and Wildlife trucks, officials said.

As the suspect zoomed past the officers, he rolled down his window and fired
about 15 to 20 rounds, authorities said. One of the officers jumped out and shot a high-powered
rifle at the fleeing pickup, they said, and the suspect abandoned the vehicle and took off on
foot.

Police said he ended up at the Seven Oaks Mountain Cabins, a cluster of
wood-frame buildings about halfway between Big Bear Lake and Yucaipa. The
suspect exchanged gunfire with San Bernardino County sheriff's deputies as he
fled into a cabin that locals described as a single-story, multi-room
structure.

The suspect fired from the cabin, striking one deputy, law enforcement
sources said. Then he ducked out the back of the cabin, deployed a smoke bomb
and opened fire again, hitting a second deputy. Neither deputy was identified
by authorities. The suspect retreated back into the cabin.

The gun battle was captured on TV by KCAL-TV Channel 9 reporter Carter Evans, who said
he was about 200 feet from the cabin. As Evans described on air how deputies
were approaching the structure, he was interrupted by 10 seconds of gunfire.

Deputies drew their weapons and sprinted toward Evans. Someone yelled for
him to move -- then about 20 more seconds of shooting erupted.

"Hey! Get … out of here, pal," someone shouted. Evans was
unharmed.

The gunfire gave way to a tense standoff. Mountain residents locked their
doors and hunkered down.

Holly Haas, 52, who lives about a mile from where the shootout unfolded,
said she heard helicopters buzzing on and off until about 3:30 p.m. One dipped so
close to her home, she said, "I could throw a rock and hit it."

Others watched the standoff unfold on television. At her home, Candy Martin
sat down to watch TV when, to her surprise, she spotted her rental cabin -- where the suspect was believed to be holed up -- on the screen.

She said she contacted police and told them that the furnished, 85-year-old cabin had
no cable, telephone or Internet service. No one had booked it for Monday.

"There should have been nobody," she recalled saying. "Nobody
in any way."

Within hours, authorities moved in on the cabin. The fire broke out, setting
off ammunition that had apparently been inside. On TV, viewers saw only the
orange flames and curls of black smoke.

LAPD Chief Beck said his officers have been providing
around-the-clock protection for more than 50 people thought to be Dorner's
targets since the manifesto was discovered.

Police say Dorner's first victims were the daughter of the retired LAPD
official who represented him at his disciplinary hearing and her fiance. Monica Quan and Keith Lawrence were
found shot to death Feb. 3 in their car in their condo complex's parking structure.

Days later, Dorner allegedly attempted to steal a boat in San Diego in a
failed bid to escape to Mexico. By Feb. 7, authorities said, he had fled to the
Inland Empire. In Corona, police said, he fired at an LAPD officer searching
for him at a gas station. About half an hour later, he allegedly opened fire on two
Riverside officers, killing Michael Crain, 34, and injuring his partner.

Early on in the manhunt, officers mistakenly fired on three people in the
Torrance area -- two Latina women and a white man -- while searching for Dorner,
who is 6 feet tall and 270 pounds.

FULL COVERAGE: Sweeping manhunt for ex-cop

After his truck was found in Big Bear, authorities swarmed the area, where
many cabins sit empty during the winter.

At the height of the search, more than 200 officers scoured the mountain,
while others sifted through more than 1,000 tips that poured in after officials
offered a $1-million reward.

Just as some officials began to speculate that the former cop had failed to
survive in the wilderness, Dorner apparently surfaced.

ALSO:

Dorner manhunt: Wounded deputy will need several surgeries

Dorner manhunt: Fish and Wildlife officers make the big break

Dorner manhunt: Maids stumbled on suspect, were tied up, then called 911

-- Andrew Blankstein, Joel Rubin and Ashley
Powers; with Phil Willon, Louis Sahagun, Adolfo
Flores, and Ruben Vives in San Bernardino County and Julie Cart, Matt Stevens, Kate Mather, Wesley Lowery, Samantha Schaefer, Frank Shyong and Rong-Gong Lin II

Photo: San Bernardino County Sheriff's Department public information officer Cindy Bachman updates reporters after a standoff and a shootout with
a man suspected to be former Los Angeles Police Department officer Christopher Dorner. Credit: Kevork Djansezian / Getty Images

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Bowlus Travel Trailer Is So Retro-Cool It Hurts

Think there’s nothing better than a vintage Airstream, those old-school Twinkie-shaped campers that define Americana? Think again. The Bowlus Road Chief is even cooler, and it’s coming back.

The original Road Chief dates to the 1930s and was created by Hawley Bowlus, the aviation designer who brought us the Spirit of St. Louis. They’re also crazy expensive because they’re incredibly rare. Just 80 were built before World War II, when the company stopped production. John Long and Helena Mitchell, a husband-and-wife team of Canadian tech entrepreneurs, bought the rights and patents and are launching an update of the 1935 Vintage Bowlus Travel Trailer. They’ve made the first and have been driving around the United States. Four more are under construction, and they’re taking orders.

It’s got a vintage vibe, but the inside is thoroughly modern, with features like Wi-Fi and solar panels. There’s a full bathroom, a kitchen with two-burner stove, twin beds that can convert into a king, latch points to carry kayaks and paddle boards, polycarbonate seating fabric, and an awning. As for the lavatory, the toilet empties into a sealed container that can be emptied into a regular toilet — regular trailers use hoses that dump into special RV stations. Seals and filters keep the stink contained. The whole interior, down to the bedsheets, is fully customizable.

The whole thing stands almost eight feet tall, is 23.5 feel long, and weighs in at under 2,000 pounds. It’ll retail for around $100,000, but the price tag includes having your trailer’s name etched in the wheel skirts.

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Lady Gaga suffering from joint inflammation, postpones shows

LOS ANGELES (Reuters) – Pop star Lady Gaga said on Tuesday she was suffering from a severe inflammation of the joints that left her temporarily unable to walk, forcing her to postpone a handful of upcoming shows on the North American leg of her world tour.

“I am completely devastated and heartsick. I’ve been hiding this injury and pain from my staff for a month, praying it would heal, but after last night’s performance, I could not walk,” the singer said in a statement.

Her condition is called synovitis, an inflammation that sometimes follows a sprain, strain or injury.

Gaga posted a similar message in a series of tweets to her 34 million Twitter followers.

“I will hopefully heal as soon as possible and be at 500 percent again, which is what you deserve,” she said.

“The Edge of Glory” singer postponed shows in Chicago on Wednesday and Thursday, in Detroit on Saturday and in Hamilton, Ontario, on Sunday.

Lady Gaga, 26, has been on the road for two years on her “Born This Way Ball” world tour. Her website showed tour dates through March 20.

The 200-plus date tour has taken the singer across six continents and was ranked as the sixth top-grossing tour of 2012 by Billboard magazine.

(Reporting By Piya Sinha-Roy, editing by Jill Serjeant and Cynthia Osterman)

Music News Headlines – Yahoo! News

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Phys Ed: Getting the Right Dose of Exercise

Phys Ed

Gretchen Reynolds on the science of fitness.

A common concern about exercise is that if you don’t do it almost every day, you won’t achieve much health benefit. But a commendable new study suggests otherwise, showing that a fairly leisurely approach to scheduling workouts may actually be more beneficial than working out almost daily.

For the new study, published this month in Exercise & Science in Sports & Medicine, researchers at the University of Alabama at Birmingham gathered 72 older, sedentary women and randomly assigned them to one of three exercise groups.

One group began lifting weights once a week and performing an endurance-style workout, like jogging or bike riding, on another day.

Another group lifted weights twice a week and jogged or rode an exercise bike twice a week.

The final group, as you may have guessed, completed three weight-lifting and three endurance sessions, or six weekly workouts.

The exercise, which was supervised by researchers, was easy at first and meant to elicit changes in both muscles and endurance. Over the course of four months, the intensity and duration gradually increased, until the women were jogging moderately for 40 minutes and lifting weights for about the same amount of time.

The researchers were hoping to find out which number of weekly workouts would be, Goldilocks-like, just right for increasing the women’s fitness and overall weekly energy expenditure.

Some previous studies had suggested that working out only once or twice a week produced few gains in fitness, while exercising vigorously almost every day sometimes led people to become less physically active, over all, than those formally exercising less. Researchers theorized that the more grueling workout schedule caused the central nervous system to respond as if people were overdoing things, sending out physiological signals that, in an unconscious internal reaction, prompted them to feel tired or lethargic and stop moving so much.

To determine if either of these possibilities held true among their volunteers, the researchers in the current study tracked the women’s blood levels of cytokines, a substance related to stress that is thought to be one of the signals the nervous system uses to determine if someone is overdoing things physically. They also measured the women’s changing aerobic capacities, muscle strength, body fat, moods and, using sophisticated calorimetry techniques, energy expenditure over the course of each week.

By the end of the four-month experiment, all of the women had gained endurance and strength and shed body fat, although weight loss was not the point of the study. The scientists had not asked the women to change their eating habits.

There were, remarkably, almost no differences in fitness gains among the groups. The women working out twice a week had become as powerful and aerobically fit as those who had worked out six times a week. There were no discernible differences in cytokine levels among the groups, either.

However, the women exercising four times per week were now expending far more energy, over all, than the women in either of the other two groups. They were burning about 225 additional calories each day, beyond what they expended while exercising, compared to their calorie burning at the start of the experiment.

The twice-a-week exercisers also were using more energy each day than they had been at first, burning almost 100 calories more daily, in addition to the calories used during workouts.

But the women who had been assigned to exercise six times per week were now expending considerably less daily energy than they had been at the experiment’s start, the equivalent of almost 200 fewer calories each day, even though they were exercising so assiduously.

“We think that the women in the twice-a-week and four-times-a-week groups felt more energized and physically capable” after several months of training than they had at the start of the study, says Gary Hunter, a U.A.B. professor who led the experiment. Based on conversations with the women, he says he thinks they began opting for stairs over escalators and walking for pleasure.

The women working out six times a week, though, reacted very differently. “They complained to us that working out six times a week took too much time,” Dr. Hunter says. They did not report feeling fatigued or physically droopy. Their bodies were not producing excessive levels of cytokines, sending invisible messages to the body to slow down.

Rather, they felt pressed for time and reacted, it seems, by making choices like driving instead of walking and impatiently avoiding the stairs.

Despite the cautionary note, those who insist on working out six times per week need not feel discouraged. As long as you consciously monitor your activity level, the findings suggest, you won’t necessarily and unconsciously wind up moving less over all.

But the more fundamental finding of this study, Dr. Hunter says, is that “less may be more,” a message that most likely resonates with far more of us. The women exercising four times a week “had the greatest overall increase in energy expenditure,” he says. But those working out only twice a week “weren’t far behind.”

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DealBook: Big Banks Are Told to Review Their Own Foreclosures

Washington is seeking help from an unlikely group in its effort to distribute billions of dollars to struggling homeowners in foreclosure: the same banks accused of abusing homeowners with shoddy foreclosure practices.

In doing so, the regulators are trying to speed the process after a flawed, independent foreclosure review delayed relief for millions of borrowers, according to people briefed on the matter. But housing advocates worry that the banks, eager to end the costly process, could take shortcuts as they comb through loan files for potential errors, in some cases diverting aid from the neediest homeowners.

Regulators say they will check the work. And banks have already agreed to pay a fixed amount to troubled homeowners, creating another backstop.

According to officials involved in the process, who spoke anonymously because the matter is not public, the regulators had few alternatives.

Last month, the Office of the Comptroller of the Currency scuttled the foreclosure review by independent consultants because it was marred by delays and inefficiency. Instead, the regulator struck a multibillion-dollar settlement directly with the nation’s largest banks, a deal that includes $3.6 billion in payments to aggrieved homeowners.

To accelerate the payments, the comptroller’s office decided to cut out the middlemen, the consultants, from the reviews. In a conference call last week, the government outlined a plan to use the lenders instead, according to people with direct knowledge of the discussion. Banks will now have to assess each loan for potential errors, which will help determine the size of the payments to homeowners.

The decision to tap the banks for support is the latest twist in the review of more than four million foreclosures, a process that has incensed lawmakers and ensnared the nation’s largest lenders. Regulators are eager to make the payments to homeowners, who have languished for more than a year.

In 2012, housing advocates, regulators and some bank executives suggested the government release an initial round of payments to homeowners, people briefed on the matter said. Such a move might have quelled suspicions among homeowners that the independent review was an empty promise, or worse, a fraud. But the effort went nowhere.

Now, the first payments to homeowners are not expected until late March.

For Judie Lee, 51, a paralegal who is battling to save her three-bedroom home in Lynn, Mass., it might not come in time. Ms. Lee says she submitted a request for aid more than six months ago after a series of botched loan modifications.

“We are in trouble,” said Ms. Lee, who said that she fell behind on her loan payments after losing a job in 2007.

Under the plan outlined last week, the banks will pore over loan files like Ms. Lee’s to identify the worst possible errors. Military personnel illegally foreclosed on, for example, will rank highest on the list. Borrowers who might be current on their loan payments — and therefore did not warrant a foreclosure — will be next.

Regulators will then decide how much money to pay each category of borrower. The worse the errors, the bigger the payout.

The plan, regulators say, offers a more equitable way to divide the money than paying the same amount to each homeowner.

The strategy, though, presents potential conflicts of interests. The banks, in haste to meet tight deadlines, could fail to provide an accurate portrayal of what went wrong. The loan files are also in disarray, officials say, complicating the task for banks.

“The whole process has been a slap in the face to homeowners and a slap on the wrist to banks,” said Isaac Simon Hodes, an organizer with the community group Lynn United for Change. “The latest development shows how there has been no accountability.”

Regulators say the lenders have no incentive to manipulate the reviews. Under the settlement, the banks committed to dole out a set amount. Bank of America must distribute $1.1 billion to homeowners. Wells Fargo owes more than $700 million. The costs will not change, regardless of what the banks find in the loan files in the coming weeks.

The Office of the Comptroller of the Currency, which is running the review, also said it would perform regular checks on the banks’ work and make sure they adopt controls to prevent errors.

“Regulators will verify and test the work of servicers to slot borrowers into broad categories and then regulators will determine the amount of payment for each category,” explained Morris Morgan, the deputy comptroller in charge of supervising large banks.

By relying on the banks, regulators can part ways with the consultants.

Despite billing for roughly $2 billion in fees in the 14-month review, consultants examined only a sliver of the 500,000 complaints filed by homeowners, people involved in the matter said. Their efforts were stymied, in part, because regulators urged consultants to first scrutinize a random sample of the four million foreclosures before digging into specific homeowner complaints, the people involved said. The decision, the people said, may have undercut the scope of the settlement and potentially deprived homeowners of additional relief.

Consultants were also criticized for a faulty review process.

Some consulting firms, including the Promontory Financial Group, farmed out much of the work to contract employees. Others faced questions about their objectivity. The consultants, critics note, were paid billions of dollars by the same banks they were expected to police.

Some consultants say they sounded repeated alarms about the process. Last spring, a group of consulting firm executives met with comptroller officials in Washington to voice concerns that the reviews were too narrow, according to people with direct knowledge of the meetings.

Other people close to the review say consultants were only partly to blame for the problem. The review process, with its narrow focus, was created by the comptroller’s office in 2011, under previous leadership.

Now, some consultants feel spurned by the regulators’ decision to hand off the review.

“Why did you not trust the banks a month ago?” asked one consultant who spoke anonymously for fear of offending regulators. “And why do you solely rely on them now?”

A version of this article appeared in print on 02/13/2013, on page B1 of the NewYork edition with the headline: Banks Told To Review Their Own Foreclosures.

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Ex-Bell officials defend themselves as honorable public servants

Less than three years ago, they were handcuffed and taken away in a case alleged to be so extensive that the district attorney called it "corruption on steroids."

But on Monday, two of the six former Bell council members accused of misappropriating money from the small, mostly immigrant town took to the witness stand and defended themselves as honorable public servants who earned their near-$100,000 salaries by working long hours behind the scenes.

During her three days on the stand, Teresa Jacobo said she responded to constituents who called her cell and home phone at all hours. She put in time at the city's food bank, organized breast cancer awareness marches, sometimes paid for hotel rooms for the homeless and was a staunch advocate for education.

"I was working very hard to improve the lives of the citizens of Bell," she said. "I was bringing in programs and working with them to build leadership and good families, strong families."

Jacobo, 60, said she didn't question the appropriateness of her salary, which made her one of the highest-paid part-time council members in the state.

Former Councilman George Mirabal said he too worked a long, irregular schedule when it came to city affairs.

"I keep hearing time frames over and over again, but there's no clock when you're working on the council," he said Monday. "You're working on the circumstances that are facing you. If a family calls … you don't say, '4 o'clock, work's over.' "

Mirabal, 65, said he often reached out to low-income residents who didn't make it to council meetings, attended workshops to learn how to improve civic affairs and once even made a trip to a San Diego high school to research opening a similar tech charter school in Bell.

"Do you believe you gave everything you could to the citizens of Bell?" asked his attorney, Alex Kessel.

"I'd give more," Mirabal replied.

Both Mirabal and Jacobo testified that not only did they perceive their salaries to be reasonable, but they believed them to be lawful because they were drawn up by the city manager and voted on in open session with the city attorney present.

Mirabal, who once served as Bell's city clerk, even went so far as to say that he was still a firm supporter of the city charter that passed in 2005, viewing it as Bell's "constitution." In a taped interview with authorities, one of Mirabal's council colleagues — Victor Bello — said the city manager told him the charter cleared the way for higher council salaries.

Prosecutors have depicted the defendants as salary gluttons who put their city on a path toward bankruptcy. Mirabal and Jacobo, along with Bello, Luis Artiga, George Cole and Oscar Hernandez, are accused of drawing those paychecks from boards that seldom met and did little work. All face potential prison terms if convicted.

Prosecutors have cited the city's Solid Waste and Recycling Authority as a phantom committee, created only as a device for increasing the council's pay. But defense attorneys said the authority had a very real function, even in a city that contracted with an outside trash company.

Jacobo testified that she understood the introduction of that authority to be merely a legal process and that its purpose was to discuss how Bell might start its own city-run trash service.

A former contract manager for Consolidated Disposal Service testified that Bell officials had been unhappy with the response time to bulky item pickups, terminating their contract about 2005, but that it took about six years to finalize because of an agreement that automatically renewed every year.

Deputy Dist. Atty. Edward Miller questioned Mirabal about the day shortly after his 2010 arrest that he voluntarily told prosecutors that no work was done on authorities outside of meetings.

Mirabal said that if he had made such a statement, it was incorrect. He said he couldn't remember what was said back then and "might have heed and hawed."

"So it's easy to remember now?" Miller asked.

"Yes, actually."

"More than two years after charges have been filed, it's easier for you to remember now that you did work outside of the meetings for the Public Finance Authority?"

"Yes, sir."

Miller later asked Mirabal to explain a paragraph included on City Council agendas that began with the phrase, "City Council members are like you."

After some clarification of the question, Mirabal answered: "That everybody is equal and that if they look into themselves, they would see us."

corina.knoll@latimes.com

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Haters Don't Hate Amazon (Facebook On the Other Hand ...)

Check the comments section on any tech blog: People love to hate Apple. They love to hate Microsoft. And Facebook. Each of these companies has spawned a parallel online hater community.

But Amazon? Not so much.

The Amazon haters are no doubt out there. But I contend that the intensity of that hatred just isn’t as high.

Backing me up on that is a new survey from Harris Interactive (HPOL) that found the general public respects Amazon more than any other U.S. corporation.

The marketing firm polled 19,000 U.S. residents in deep detail to find out how they felt about the country’s 60 “most visible” companies. For the first time in the “reputation quotient” poll’s 14-year history, Amazon came out on top.

Rounding out the top five were Apple, Disney, Google and Johnson & Johnson. (Apple’s number-two ranking shows great hate does not exclude great love.)

The poll — independently funded by Harris — broke down reputation into six main categories. Amazon trounced the competition in the category of “emotional appeal,” beating second-place Disney by five points on a 100-point scale – which seems bizarre considering the only contact most of us ever have with Amazon is via a cardboard box.

“Amazon is predominantly a virtual company where you don’t get to see the people. You don’t see brick and mortar,” says Robert Fronk, executive vice-president of reputation management at Harris. “For them to first of all have the highest reputation, but more importantly to be the company with far and away the highest emotional appeal, is amazing.” Harris defines emotional appeal as trust, admiration and respect, not whether you get weepy when your package arrives.

Amazon also topped the products and services category, which Fronk attributed not so much to Amazon-branded products like the Kindle, but the millions of other products it brings together and sells. Even Amazon’s customer service, which is sometimes criticized for being opaque and inaccessible, gets very high marks in the Harris survey from customers and non-customers alike.

Amazon is also helped in the overall survey results by what Fronk describes as the tech industry bump: Americans simply admire the tech industry more than any other. (In what other industry, he says, can a company take a swing at a product and miss and still get credit for taking a chance?) Industries at the bottom of the reputation rankings were tobacco in dead last, followed by government and banking.

Still, tech companies did not escape entirely unscathed. Despite its high rank, Fronk says Apple’s positive reputation is anchored in the survey by positive perceptions of its financial performance — the aspect of its business over which it has the least control. As the company’s plunging stock over the last several months shows, the investing public has no problem tarnishing the reputations of tech companies that don’t live up to expectations

“You don’t want to have the conversations about you moving from innovation and the joy you bring, to always being about the share price,” Fronk says.

Of the most talked-about tech companies, Facebook by far received the least love. While Amazon, Apple and Google all ranked in the top five with total scores above eighty out of 100, and Microsoft ranked 15th with a “good” score above 75, Facebook came in 42nd – sandwiched between Best Buy and T-Mobile – with a score of just over 65, or what Fronk described as the borderline between “average” and “poor.”

“Facebook suffers badly from lack of trust,” Fronk said.

Amazon arguably collects as much personal data about its customers as Facebook does about its users, or at least if not as much, then possibly more intimate: purchase history, product search history, home address, credit card numbers. The Harris survey didn’t ask specifically about individual companies’ use of personal data. Yet it’s hard not to infer that privacy concerns were on the minds of survey participants when answering questions about trust.

Forty-six percent of all respondents said they “definitely would trust” Amazon “to do the right thing.” Only 8 percent said the same about Facebook. Add in “probably would trust” and Amazon’s total shoots to 91 percent, while Facebook’s reaches 49 percent.

Whatever Amazon is doing, or not doing, to earn itself so many points, Facebook apparently needs to take some notes, at least according to this poll’s results. By Harris’ tally, Amazon is the first company in the survey’s history to score negligible negative results across every category. If the results are to be believed, no one really hates Amazon. Says Fronk: “There’s not a detractor base whatsoever.”

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CNN slots Jake Tapper Show, cuts length of Wolf Blitzer’s “Situation Room”

LOS ANGELES (TheWrap.com) – CNN slotted new anchor Jake Tapper‘s upcoming show for 4 p.m. on weekdays, cutting Wolf Blitzer‘s “The Situation Room” back one hour, a CNN spokeswoman told TheWrap.

Tapper, lured away from ABC News in December, was CNN boss Jeff Zucker‘s first major hire since taking charge of the network. Now, with his own show coming in March, Blitzer’s program will but cut from three hours to two as it moves to the 5 p.m. to 7 p.m. time slot.

A CNN spokeswoman told TheWrap Tapper‘s show has no specific starting date yet because it is still in development.

Last month, Turner Broadcasting posted LinkedIn job openings for a senior producer at a new daily program called “Tapper.”

And on Monday, CNN named Federico Quadrani, MSNBC’s executive producer of “Jansing and Company,” as the show’s new executive producer.

Choosing Quadrani – who served as an Emmy-winning producer for NBC’s “Today” show from 2003 to 2009 – is one of Zucker’s higher profile hires as the former “Today” producer attempts to replicate his morning show success at CNN.

After taking charge of the show in 1992, Zucker led “Today” to its ratings highs before Katie Couric‘s departure for CBS. The subsequent exit of Meredith Vieira, who replaced Couric, made it vulnerable to rival “Good Morning America.”

Late last month, CNN announced that it had bought “20/20″ anchor and former “GMA” host Chris Cuomo to lead a new morning show with Erin Burnett.

TV News Headlines – Yahoo! News

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Well: Straining to Hear and Fend Off Dementia

At a party the other night, a fund-raiser for a literary magazine, I found myself in conversation with a well-known author whose work I greatly admire. I use the term “conversation” loosely. I couldn’t hear a word he said. But worse, the effort I was making to hear was using up so much brain power that I completely forgot the titles of his books.

A senior moment? Maybe. (I’m 65.) But for me, it’s complicated by the fact that I have severe hearing loss, only somewhat eased by a hearing aid and cochlear implant.

Dr. Frank Lin, an otolaryngologist and epidemiologist at Johns Hopkins School of Medicine, describes this phenomenon as “cognitive load.” Cognitive overload is the way it feels. Essentially, the brain is so preoccupied with translating the sounds into words that it seems to have no processing power left to search through the storerooms of memory for a response.

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Katherine Boutin speaks about her own experience with hearing loss.

A transcript of this interview can be found here.

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Over the past few years, Dr. Lin has delivered unwelcome news to those of us with hearing loss. His work looks “at the interface of hearing loss, gerontology and public health,” as he writes on his Web site. The most significant issue is the relation between hearing loss and dementia.

In a 2011 paper in The Archives of Neurology, Dr. Lin and colleagues found a strong association between the two. The researchers looked at 639 subjects, ranging in age at the beginning of the study from 36 to 90 (with the majority between 60 and 80). The subjects were part of the Baltimore Longitudinal Study of Aging. None had cognitive impairment at the beginning of the study, which followed subjects for 18 years; some had hearing loss.

“Compared to individuals with normal hearing, those individuals with a mild, moderate, and severe hearing loss, respectively, had a 2-, 3- and 5-fold increased risk of developing dementia over the course of the study,” Dr. Lin wrote in an e-mail summarizing the results. The worse the hearing loss, the greater the risk of developing dementia. The correlation remained true even when age, diabetes and hypertension — other conditions associated with dementia — were ruled out.

In an interview, Dr. Lin discussed some possible explanations for the association. The first is social isolation, which may come with hearing loss, a known risk factor for dementia. Another possibility is cognitive load, and a third is some pathological process that causes both hearing loss and dementia.

In a study last month, Dr. Lin and colleagues looked at 1,984 older adults beginning in 1997-8, again using a well-established database. Their findings reinforced those of the 2011 study, but also found that those with hearing loss had a “30 to 40 percent faster rate of loss of thinking and memory abilities” over a six-year period compared with people with normal hearing. Again, the worse the hearing loss, the worse the rate of cognitive decline.

Both studies also found, somewhat surprisingly, that hearing aids were “not significantly associated with lower risk” for cognitive impairment. But self-reporting of hearing-aid use is unreliable, and Dr. Lin’s next study will focus specifically on the way hearing aids are used: for how long, how frequently, how well they have been fitted, what kind of counseling the user received, what other technologies they used to supplement hearing-aid use.

What about the notion of a common pathological process? In a recent paper in the journal Neurology, John Gallacher and colleagues at Cardiff University suggested the possibility of a genetic or environmental factor that could be causing both hearing loss and dementia — and perhaps not in that order. In a phenomenon called reverse causation, a degenerative pathology that leads to early dementia might prove to be a cause of hearing loss.

The work of John T. Cacioppo, director of the Social Neuroscience Laboratory at the University of Chicago, also offers a clue to a pathological link. His multidisciplinary studies on isolation have shown that perceived isolation, or loneliness, is “a more important predictor of a variety of adverse health outcomes than is objective social isolation.” Those with hearing loss, who may sit through a dinner party and not hear a word, frequently experience perceived isolation.

Other research, including the Framingham Heart Study, has found an association between hearing loss and another unexpected condition: cardiovascular disease. Again, the evidence suggests a common pathological cause. Dr. David R. Friedland, a professor of otolaryngology at the Medical College of Wisconsin in Milwaukee, hypothesized in a 2009 paper delivered at a conference that low-frequency loss could be an early indication that a patient has vascular problems: the inner ear is “so sensitive to blood flow” that any vascular abnormalities “could be noted earlier here than in other parts of the body.”

A common pathological cause might help explain why hearing aids do not seem to reduce the risk of dementia. But those of us with hearing loss hope that is not the case; common sense suggests that if you don’t have to work so hard to hear, you have greater cognitive power to listen and understand — and remember. And the sense of perceived isolation, another risk for dementia, is reduced.

A critical factor may be the way hearing aids are used. A user must practice to maximize their effectiveness and they may need reprogramming by an audiologist. Additional assistive technologies like looping and FM systems may also be required. And people with progressive hearing loss may need new aids every few years.

Increasingly, people buy hearing aids online or from big-box stores like Costco, making it hard for the user to follow up. In the first year I had hearing aids, I saw my audiologist initially every two weeks for reprocessing and then every three months.

In one study, Dr. Lin and his colleague Wade Chien found that only one in seven adults who could benefit from hearing aids used them. One deterrent is cost ($2,000 to $6,000 per ear), seldom covered by insurance. Another is the stigma of old age.

Hearing loss is a natural part of aging. But for most people with hearing loss, according to the National Institute on Deafness and Other Communication Disorders, the condition begins long before they get old. Almost two-thirds of men with hearing loss began to lose their hearing before age 44. My hearing loss began when I was 30.

Forty-eight million Americans suffer from some degree of hearing loss. If it can be proved in a clinical trial that hearing aids help delay or offset dementia, the benefits would be immeasurable.

“Could we do something to reduce cognitive decline and delay the onset of dementia?” he asked. “It’s hugely important, because by 2050, 1 in 30 Americans will have dementia.

“If we could delay the onset by even one year, the prevalence of dementia drops by 15 percent down the road. You’re talking about billions of dollars in health care savings.”

Should studies establish definitively that correcting hearing loss decreases the potential for early-onset dementia, we might finally overcome the stigma of hearing loss. Get your hearing tested, get it corrected, and enjoy a longer cognitively active life. Establishing the dangers of uncorrected hearing might even convince private insurers and Medicare that covering the cost of hearing aids is a small price to pay to offset the cost of dementia.

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Katherine Bouton is the author of the new book, “Shouting Won’t Help: Why I — and 50 Million Other Americans — Can’t Hear You,” from which this essay is adapted.

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This post has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this article misstated the location of the Medical College of Wisconsin. It is in Milwaukee, not Madison.

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