DealBook: Massachusetts Fines Morgan Stanley Over Facebook I.P.O.

10:48 a.m. | Updated Morgan Stanley is paying for its role in the troubled stock market debut of Facebook.

On Monday, Massachusetts’s top financial authority fined the bank $5 million for violating securities laws, the first major regulatory action tied to Facebook’s initial public stock offering.

William F. Galvin, the secretary of the commonwealth of Massachusetts, accused the bank of improperly influencing the stock offering process. The regulator’s consent order asserts that a senior Morgan Stanley banker coached Facebook on how to share information with stock analysts who cover the social media company, a potential violation of a landmark legal settlement with Wall Street. While the banker never contacted the analysts directly, his actions, Mr. Galvin said, put ordinary investors at a disadvantage because they lacked access to the same research.

“The broader message here is we are going to use any means possible to enforce the strict code in place about giving out information,” Mr. Galvin said in an interview. “We want to get the message across that if Wall Street wants to get confidence back, they can’t disadvantage Main Street.”

The consent order did not name the Morgan Stanley banker, referring to him as a “senior investment banker.” But information in the regulator’s order indicated that it was Michael Grimes, one of the nation’s most influential technology bankers.

“Morgan Stanley is committed to robust compliance with both the letter and the spirit of all applicable regulations and laws,” a Morgan Stanley spokeswoman, Mary Claire Delaney, said. Morgan Stanley, in settling the case, neither admitted nor denied guilt.

Mr. Grimes, through Ms. Delaney, declined to comment. Although the banker was referred to in the order, Mr. Grimes has not been personally accused of any wrongdoing.

The fine is a small dent in the firm’s overall profit from the Facebook public offering. Morgan Stanley received approximately $68 million in underwriting fees for the IPO, according to data provider Thomson Reuters.

Still, the costs associated with the botched I.P.O. are rising. In addition to Mr. Galvin’s fine, the firm agreed to compensate some customers who overpaid when they bought Facebook shares because of a technical glitch at the Nasdaq.

The Facebook public offering was one of the most highly anticipated debuts of the last decade. In the run-up to the offering, investor interest was robust, prompting the company to increase the size of the offering and raise the share price to $38.

But the I.P.O. quickly turned into a debacle. The first day of trading was plagued with problems. The shares quickly fell below their offering price. The stock closed on Monday at $26.75.

Since the offering, Mr. Galvin and other regulators have opened wide-ranging investigations into Facebook and the banks that handled its debut. The continuing inquiries by the Securities and Exchange Commission and the Financial Industry Regulatory Authority are examining how the banks disseminated nonpublic information to big investors — and whether it conflicted with Facebook’s public disclosures.

Regulators are also looking into Nasdaq, the exchange where Facebook trades. They are questioning whether the exchange failed to properly test its trading systems, which faltered during the stock offering.

The Massachusetts regulator is focused on Morgan Stanley’s communications with analysts.

Shortly before the Facebook offering, analysts at several banks lowered their growth estimates for the social network. The move came after Facebook issued an amended prospectus, detailing a potential slowdown in revenue.

A Facebook executive, whose name was not given in the order but who was referred to as the treasurer, also reached out to analysts. Mr. Galvin’s order asserted that the executive, in private conversations with analysts, had provided additional information on the revenue. The order indicated that Mr. Grimes was personally involved in the decision to file the new prospectus and to have Facebook communicate with analysts.

“Morgan Stanley’s senior investment banker did everything but make the phone calls himself,” the Massachusetts regulator said in a statement, referring to Mr. Grimes. “He not only rehearsed with Facebook’s treasurer who placed the calls to the research analysts, but he also drafted the majority of the script Facebook’s treasurer utilized.”

Just 12 minutes after filing the amended prospectus with regulators on May 9, the Facebook treasurer phoned Wall Street research analysts from her hotel, according to the order. She had a 15-minute conversation with Morgan Stanley analysts, and then spoke with JPMorgan Chase and other banks.

The calls provided the analysts with additional information that did not appear in the amended prospectus, the order said. The conversations, for example, included “quantitative information regarding Facebook’s” second-quarter 2012 projections.

This behavior, Mr. Galvin said, crossed the line, violating the regulatory settlement on stock research that Morgan Stanley and other companies signed in 2003. The agreement limits the communication between bankers and research analysts and bans companies from influencing stock reports to try to bolster banking operations.

The Morgan Stanley case falls into a curious gray area.

Bankers spend months preparing companies to go public, a role that includes providing guidance on research analysts. In this instance, Mr. Grimes did not personally place the calls, which would have been a clear violation of securities laws.

In his testimony before the Massachusetts regulator’s staff, Mr. Grimes indicated that the bank had pushed for Facebook to file publicly an amended prospectus to avoid “the appearance” that the company was sharing information with a select group of clients rather than broadly with investors. Mr. Grimes, the order noted, consulted with Morgan Stanley and Facebook lawyers. Ultimately, Facebook’s chief financial officer, David A. Ebersman, e-mailed the company’s board to say that the new filing would “help us to continue to deliver accurate” information without “someone claiming we are providing any selective disclosure.”

Mr. Grimes, in testimony with the regulator, further defended his role. While the Facebook treasurer was making the calls, he noted that “I was far down the hall so I wouldn’t hear anything.”

Even so, Mr. Grimes, according to the consent order, e-mailed Mr. Ebersman to say that the Facebook treasurer “was a champ in the hotel tonight,” after the treasurer wrapped up the calls.

A version of this article appeared in print on 12/18/2012, on page B1 of the NewYork edition with the headline: Morgan Stanley Is Fined Over Facebook I.P.O. Role.

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U.S. moves ahead on new downtown L.A. courthouse

Downtown Los Angeles is finally getting its new federal courthouse, and it's going to stand out amid the aging government buildings in the Civic Center.

A 550,000-square-foot courthouse — planned for the southwest corner of Broadway and 1st Street, across from the old county law library and the Los Angeles Times building — will feature a bright, serrated facade and a structural design that allow the structure to appear to float over its stone base, officials said.

It will have a public plaza along 1st Street near recently opened Grand Park. Officials say the building's design has received a "platinum" rating for energy efficiency from the U.S. Green Building Council.

The U.S. General Services Administration is moving forward on the project despite last-minute opposition from some Republicans in Congress, who question the viability of the agency's plans to sell the federal courthouse on North Spring Street to private developers. The lawmakers also questioned whether the extra courtrooms were actually necessary.

The GSA awarded a $318-million contract last week to the architecture firm Skidmore, Owings & Merrill and Clark Construction Group, and released several renderings of the proposed design. The building will rise on a 3.6-acre lot on Broadway that city officials have long wanted to develop.

"We are moving toward the groundbreaking of a critically needed facility that will resolve long-standing security and space issues," Rep. Lucille Roybal-Allard (D-East Los Angeles) said in a statement. "At a time when we need to keep investing in our recovering economy, we expect the courthouse to create thousands of new jobs in the construction industry and related businesses."

Peter Zellner, faculty member at Southern California Institute of Architecture, noted that the courthouse design in some ways is reminiscent of Mid-Century architectural styles of other Los Angeles government centers, particularly the Wilshire Federal Building. Zellner also suggested the architects consider the courthouse plaza as part of a chain of public spaces spilling down from the Walt Disney Concert Hall.

The courthouse will include 24 courtrooms and 32 judicial chambers. Along with the judges of the U.S. District Court, the building will be used by the U.S. Marshals Service, U.S. attorneys' office and the Federal Public Defender.

Federal judges have been pushing for new space downtown since the late 1990s. In addition to the Spring Street courthouse, federal judges occupy space elsewhere in downtown, but they have complained about overcrowding and security issues.

Construction on the courthouse is expected to begin sometime next year, with completion set for 2016, the GSA said.

The agency also announced that it had released a formal "request for information" to solicit ideas for adaptive reuse of one of the old federal courthouses, on North Spring Street. Under the agency's plan, the 72-year-old building would be sold to a private developer, with the proceeds to help finance construction of a second federal office building next to the new courthouse.

Some real estate experts have questioned whether the exchange proposal would be feasible, saying it could be difficult for a private owner to adapt the old courthouse because of its structural issues, location and historic status. And the Republican critics of the courthouse plan expressed concern that if the GSA could not manage to sell the old courthouse, it would be stuck with a vacant building and higher costs to taxpayers.

There is still no specific timeline on when the exchange would be made, a GSA spokeswoman said, but officials remain upbeat about the plan.

"This step is just another example of GSA's commitment to providing real value to the American public," said acting GSA Administrator Dan Tangherlini.

sam.allen@latimes.com

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Q&A: Claire Diaz-Ortiz, the Woman Who Got the Pope on Twitter

At 30, Claire Diaz-Ortiz already has a pretty impressive resume. She works as the Manager of Social Innovation at Twitter, founded a charity to help orphaned children in sub-Saharan Africa and literally wrote the book on how to use social networking for philanthropy. But last week she added something rather special to her curriculum vitae: She got the Pope on Twitter.

Diaz-Ortiz, who has been working with the Vatican since their forays into the social networking platform earlier this year, served as the social networking platform’s primary liaison with the Holy See for the launch of Pope Benedict XVI’s official Twitter account. The pontiff’s first tweets appeared on the @Pontifex feed on Wednesday, along with seven other coordinated accounts with identical content in Spanish, German, French, Italian, Portuguese, Polish and Arabic.

Diaz-Ortiz spoke to Wired from Rome about the unique issues of helping the Pope join the world of social media, the surprising technological progressiveness of the Vatican, and the complicated significance of papal retweets and follows.

Wired: So how did the process of getting the Pope on Twitter begin? Did you reach out to the Vatican or did they reach out to you?

Claire Diaz-Ortiz: When I started at Twitter about four years ago, my mandate was to work with non-profits and organizations that had an interest in using Twitter to make a difference. Almost a year ago, we started to do some basic data crunching in terms of what our users really do on Twitter. A colleague on our team was looking through some tweets and saw what he thought was an anomaly at the time, which was that Bible verses were doing really well on Twitter. Lots of people were retweeting and favoriting them.

Then we started diving in deeper and realized that religious content on Twitter has an incredible spread. It does very well. Religious leaders punch far above their weight; a religious leader might have 1/50th the number of followers of a large celebrity but can still generate more retweets and more favorites and more engagement. The Pope first came on twitter in 2010 with a number of accounts to send information for Vatican radio and Vatican news service…. The next step was in early 2012 when [the Vatican] launched an account called @Pope2YouVatican. It’s not a great name; Jon Stewart even did a really funny bit about how the Pope couldn’t find a better username than that…. I had just started working with religion a couple months earlier. I reached out to them and they immediately jumped on it and said hey, we’ve been really trying to push this forwards in terms of an individual account. So I did reach out to them, but they were more than excited and it’s been pretty symbiotic ever since.

Wired: Did the Vatican have concerns about what it would mean for the Pope to join Twitter?

Diaz-Ortiz: Of course. They are a conservative organization, and they obviously have a lot of concerns about making sure that the Pope’s persona remains intact and his messaging remains strictly controlled by the Vatican. But at the same time, they are extremely innovative, as I found the first day I walked into their offices back in March [2012]. They want to reach believers where they are and they know that believers are online. They launched a YouTube account in 2009, and [Twitter] was a natural step for them. I think people forget some of the ways the Vatican has been innovative over the years. They were great about radio really early on despite many protests from people who said, “the church shouldn’t be on the radio, that’s crazy!” Even though there might be some dissent in the Catholic community about whether the Pope should be tweeting, I think the Vatican very clearly says yes…

There has been some natural dissent, but you expect that from within the Catholic community from people who think that perhaps the Pope should be more reverent than Twitter…. But we already have an ongoing list I’m working on with the Vatican of new archbishops and cardinals who are saying, “Hey, the Pope’s doing this; now I can do this.” That’s exactly what the Vatican wanted from this. They want to see a lot of the engagement coming from the Catholic community.

Wired: How similar or different was dealing with the brand management of the Pope on Twitter compared to a Hollywood celebrity?

Diaz-Ortiz: I think there are a couple of key differences. Obviously what we see with an average Hollywood celebrity is they’re more interested in personal branding and that’s obviously not done with the Pope. The Vatican wants the Pope to connect with people as much as possible and are encouraging engagement with the Catholic community, but they’re not trying to have the pope get out there and self-promote on Twitter…. In contrast to that, an obvious similarity is the issue of security. And that’s more of a concern for the Vatican than it’s been for many of high-profile Hollywood folks that we’ve worked with. The Vatican is very, very concerned about whether his account could be hacked and maintaining the integrity of his different Twitter accounts. That’s been an issue from the beginning, but we deliver secure solutions for all our users, and we will do that to our best extent with the Pope as well.

Wired: The Pope has used his Twitter feed to respond to several questions so far, although he didn’t tag the users who wrote the questions. Will this type of back and forth interaction be a big part of his social media strategy moving forwards?

Diaz-Ortiz: We’re hoping that with the Vatican we’ll be able to develop some great sort of events in the coming years that will highlight the question and answer [interaction]. The thing that’s really important to the Vatican is that all the tweets will be his actual words. The several tweets he’ll be sending out each week – they’re not sure of the exact number yet – will be coming from things he’s saying at his Wednesday audience or his Sunday service.

Wired: How big of a social media team does the Pope have to run his eight different accounts?

Diaz-Ortiz: [laughs] It’s amazing how small it is. [His] social media is less than one person’s full-time job… So many people on the Vatican side have been receiving that question and they just find it hysterical. They really are strapped for resources. Once again, it’s been amazing what they’ve been able to do. Another thing I should mention is that one of the other key concerns for the Pope’s account that’s different from a lot of high-profile individuals we work with is that it’s really, really important for his account to be international. The launch last week wasn’t a launch of one account; it was a launch of eight accounts. Those eight accounts are just the ones we have for now, and the hope is that six months from now there will be many more. All these accounts in these different languages need to be providing the same content, translated. It’s a whole new concern for us at Twitter, because most of the high-profile folks we work with are really only tweeting in one language.

Wired: The English language account appears to be really dominant in terms of followers compared to the accounts in other languages. Did you find that surprising, considering the international makeup of the Catholic community?

Diaz-Ortiz: English is kind of the international language, even for the Pope. The highest percentage of Catholics in the world speak Spanish, and if you look at the eight @Pontifex accounts, [the Spanish version] is the account with the next highest number of users on it. But it’s really important to note that the Pope’s first tweet was actually from the Italian account.

Wired: Have you noticed different international reactions to the Pope joining Twitter?

Diaz-Ortiz: There’s a great graph on The Guardian did looking at the percentage of @Pontifex users based on each country’s numbers of Twitter users. It’s a fascinating to see which countries have the highest percentage of Twitter users following one of the pope’s accounts. It’s interesting to see that the two highest countries on the map were the Democratic Republic of Congo and Peru. But sure, there are different reactions. I don’t have a great line on what those different reactions are aside from the fact that a lot of people were really pleased to see that one of the eight accounts was in Arabic.

Wired: Will we be seeing the Pope use more of the engaged functions of Twitter in the future, such as retweets, @replies or following other users?

Diaz-Ortiz: Well, there are a couple of issues here. First of all, in terms of the following numbers, that’s a really interesting dilemma that we’ve seen with a lot of high profile leaders. If you look at the other biggest religious leader on Twitter, the Dalai Lamai, he’s following no one. And the Pope as well – he’s technically following himself in other languages, but that’s just so that anyone who looks at the @Pontifex account will be able to see the other ones quickly… If you ask the Vatican, they haven’t quite determined what will be the barometer for deciding who they would follow. It’s a hard thing. Again, you contrast it with [President] Obama, and he follows 700,000 people. It’s an interesting question for a leader with such a high profile, to decide how many people they’re going to follow and whether following means endorsing, which is obviously the concern. In terms of engagement, I think we’ll have to see going forward what it means.

Wired: In terms of your future outreach to high-profile figures who aren’t on Twitter, who else would like to see joining the platform?

Diaz-Ortiz: Outside of the religious world, I would love to see [Secretary of State] Hillary Clinton join. In terms of Catholic leaders on Twitter we’re looking at many of the cardinals out there. We’re also always interested in more English-speaking Muslim leaders. Some of them are doing really well, but I’d like that area to increase as well.

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Jason Mraz tops Myanmar anti-trafficking concert

YANGON, Myanmar (AP) — American singer-songwriter Jason Mraz mixed entertainment with education to become the first world-class entertainer in decades to perform in Myanmar, with a concert to raise awareness of human trafficking.

Mraz’s 2008 hit “I’m Yours” was the finale for Sunday night’s concert before a crowd of about 50,000 people at the base of the famous hilltop Shwedagon Pagoda in Yangon, the country’s biggest city.

Local artists, including a hip-hop singer, also played at the event organized by the anti-trafficking media group MTV EXIT — for “End Exploitation and Trafficking” —in cooperation with U.S. and Australian government aid agencies and the anti-slavery organization Walk Free.

Myanmar is emerging from decades of isolation under a reformist elected government that took office last year after almost five decades of military rule. It has been one of the region’s poorest countries, and its bad human rights record made it the target of political and economic sanctions by Western nations.

But democratic reforms initiated by President Thein Sein have led to the lifting of most sanctions, and the country is hopeful of a political and economic revival. Nobel Peace Prize laureate Aung San Suu Kyi, the pro-democracy opposition leader, was released from house arrest in late 2010 and won a seat in parliament last April.

Mraz called his top-billed appearance at the concert a “tremendous honor.”

“I think the country is, at this time, downloading lots of new information from all around the world,” he said. “I’ve always wanted my music to be here, (for) hope and celebration, peace, love and happiness. And so I’m delighted that my music can be a part of this big download that Myanmar is experiencing right now.”

Organizers said Mraz was the first international artist to perform at an open-air, mass public concert in Myanmar. Jazz artists Count Basie, Duke Ellington and Charlie Byrd visited the country under U.S. government sponsorship in the 1970s, when it was still called Burma, but played at much smaller venues.

Many in the crowd queued for two hours before being admitted to the concert site. Yangon native Sann Oo, 31, wearing a white T-shirt with a sketch of Mraz, said he was pleased that Mraz had come and that there would be a broadcast of the event.

“His visit can promote the image of Myanmar, because people outside have been seeing the country as an insecure place, and poor,” he said. “Now they can see how we look like from the concert. It also opens the potential for more concerts by foreign artists.”

Mraz has a history of involvement with human rights and other social causes.

But there was some criticism of his visit by campaigners for Myanmar‘s Muslim Rohingya community, which has been the target of ethnic-based violence this year that has forced tens of thousands of people from their homes into makeshift refugee camps. They feel Myanmar’s government has been complicit in the discrimination, and that Mraz’s visit provides it cover with the image of being a defender of human rights.

Mraz said he was aware of the issue, but that if he didn’t come to do the concert because someone else had asked him to protest another problem, then that would not help tackle the exploitation and human trafficking issue.

“I understand that there is a lot of wrongdoing in this world,” he said. “Today I’m here for this.”

Walk Free used the occasion of Sunday’s concert to launch a campaign calling on the world’s major corporations “to work together to end modern slavery by identifying, eradicating and preventing forced labor in their operations and supply chains.” They are seeking to have the companies make a “zero tolerance for slavery pledge” by the end of March next year.

“While many think of slavery as a relic of history, experts estimate that there are currently 20.9 million people living under threat of violence, abuse and harsh penalties,” the Australia-based group said in a statement. “Within this massive number, the majority of people – more than 14.2 million – are in a forced labor situation, used to source raw materials, and create products in sectors such as agriculture, construction, manufacturing and domestic work.”

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The New Old Age Blog: In the Middle: Why Elderly Couples Fight

George and Gracie (let’s call them that because using their real names would make them even unhappier than they already appear to be) are in their 80s and have been married for more than 65 years. Until recently they seemed to ride the waves that are inevitable in any marriage that spans nearly seven decades; through good and bad, they were partners and best friends.

But lately — ever since her hospitalization and his fall — they have been arguing more bitterly than usual (“Do you have to make such a mess in the kitchen?”), criticizing each other (“Why haven’t you dealt with the insurance company yet?”), withdrawing from each other, and generally making each other more miserable, more often than ever before.

This kind of degenerative relationship is not uncommon among the elderly in even the happiest marriages, marriage therapists and geriatricians said. But that is small comfort to either the couple in the middle of the maelstrom, or the children who care for them, as evidenced by a number of postings on caregiver blogs. As some of the children have wondered there: “Why can’t we all just get along?”

Therapists and others who work with the elderly said the first step to addressing the problem is understanding where it came from.

“A key question is whether the marital bickering is part of a lifelong marital style or a change,” said Dr. Linda Waite, director of the Center on Demography and Economics of Aging at NORC/University of Chicago. Is it new behavior – or just new to the grown children who are suddenly so deeply enmeshed in their parents’ lives that they are only now noticing that something is amiss?

How much of the problem is really just the marriage style? “Some couples like to fight and argue – it keeps their adrenaline going,” said Dr. Nancy K. Schlossberg, professor emerita of counseling psychology at the University of Maryland and author of “Overwhelmed: Coping With Life’s Ups and Downs.”

Sometimes the best judges of whether there is a problem are outsiders, said Dr. William Dale, chief of geriatrics at the University of Chicago Geriatrics Medicine. Pay attention if someone says, “‘Gee, Mom seems more argumentative or withdrawn than the last time I saw her,’” Dr. Dale advised.

If the tone or severity of the marital tensions seem new, then it is important to find out why. The causes could be mental or physical, doctors say.

On the mental front, increased anger and fighting could be one of the first signs of mild cognitive impairment, a precursor of dementia or Alzheimer’s, in one or both of the spouses, said Dr. Lisa Gwyther, director of the Duke Center for Aging Family Support Program and an associate professor in the department of psychiatry and behavioral sciences.

Dr. Dale concurs: “There is good evidence that the earliest signs of cognitive impairment are often emotional changes” — anger, anxiety, depression — “rather than cognitive ones” — memory, abstract thought.

But these early signs of cognitive decline can be so subtle that neither the spouses themselves, or their grown children, recognize them for what they are, Dr. Gwyther said. So husband and wife blame each other for the changes and allow feelings of hurt and resentment to grow.

Withdrawing from activities that used to give them pleasure can be a telltale sign of mild cognitive impairment – and can trigger anger and arguments.

“In one couple, the husband just didn’t want to participate in the holidays — the wife got angry and said he was being lazy and stubborn,” said Dr. Gwyther. But the truth was that his cognitive decline made all the activity overwhelming, and he didn’t want anyone to know that he was anxious about not remembering everyone’s names and embarrassing himself.

Suspicion and paranoia can also accompany mild cognitive decline and precipitate distrust and hurtful accusations. Dr. Gwyther recalled another woman who “called her daughter frantic because she said her husband dropped her at her chemo appointment, went to park the car, and didn’t return to get her.” The woman couldn’t imagine that her husband could possibly have lost his sense of time and direction, Dr. Gwyther added. She took it personally, complaining to her daughter that “your father doesn’t seem to care any more.”

Dr. Dale told of a spouse who accused her mate of infidelity because “she was convinced that when he was out grocery shopping he was really having an affair.”

Hoarding, an early symptom of mild cognitive impairment, can also create tension in a marriage. (For new treatments, see this recent post by my colleague Paula Span.)

When one couple came to a counseling session with Dr. Norman Abeles, emeritus professor of psychology and former director of psychological clinic at Michigan State University, the hoarding spouse finally said she did it because she thought that they would run out of money, “even though there was enough money to go around.” Dr. Abeles said that incident led to her diagnosis of mild cognitive impairment.

Adding to the confusion, mild cognitive impairment, or M.C.I., comes and goes. “There are good days and bad days, good hours and bad hours,” said Dr. Gwyther. “Alzheimer’s and dementia don’t start on Tuesday — it’s a slow insidious onset.” But the diagnosis is becoming more common: The Institute for Dementia Research and Prevention predicts that 1 in 6 women, and 1 in 10 men, who live past the age of 55 will develop dementia in their lifetime.

“Spouses find it difficult to know when their partner with M.C.I. is acting differently, usually badly, due to the advancing illness or due to ‘willful’ personality issues,” said Dr. Dale, citing a 2007 study in the journal Family Relations exploring the problems this can create for couples.

Blaming is often easier than understanding. Another of Dr. Gwyther’s patients was furious at her husband for not filing their taxes. “He’s a C.P.A.,” she said. “How could we owe back taxes?” It did not occur to her that he might be unable to handle that task — and was too frightened about his deteriorating mental focus to let her know.

But as harmful as mental decline can be for a marriage, it is just part of the equation. Physical ailments – even those that seem completely unrelated to marital relations – “can upset the equilibrium of the marriage,” according to a study in The Canadian Medical Association Journal.

“Most men get angry at what’s happened to them when they get ill, women get angry and scared when he’s not what he used to be — so they fight,” said Dr. Schlossberg.

Chronic illnesses, like diabetes, arthritis and heart disease, can have a strong negative effect on mood, said Dr. Waite, who will soon be publishing a study on the subject. Diabetes is so often accompanied by depression that Dr. Waite said “one of my colleagues argues that that it is even part of the disease.”

And ailments can have an effect on a couple’s sex life — which can compound the marital problems, doctors said.

“Diabetes brings on neuropathy,” said Dr. Waite. “That means touching and feeling in sex is not as rewarding.” Without the pleasures of affectionate touching — whether a passing hug at the sink or more — tensions can build. That’s why, if a couple is having problems with sex, they are more likely to have problems in the relationship — and vice versa, according to a 2007 New England Journal of Medicine study of sex and health among older adults.

Other changes in circumstances — retirement, shifting roles, the loss of autonomy, disparities in health and abilities — can wreak havoc. Losing independence can feel like losing oneself — and if you don’t know who you are any more, how can you know how to relate to your spouse?

“Fighting may come from a misguided notion that you can regain power by asserting it over your spouse,” said Dr. Schlossberg, whose observations are echoed in a 1984 study in The Canadian Journal of Medicine. “It doesn’t work, it’s false power – but they’ll try anything.”

The sheer exhaustion that can come from being the caregiving spouse is also bound to “make them stressed and angry,” said Dr. Waite. Not to mention guilty and resentful — never a prescription for happy marital relations.

“Part of the trap for the caregiver is the idea that you have to do it all, and the guilt you feel when you cannot live up to it,” said Dr. Gordon Herz, a psychologist in private practice in Madison, Wisc. Not surprisingly, resentment can soon follow, Dr. Herz added, because it is hard to admit to anyone that, “‘this is too much for me.’”

What can outside caregivers — children or other loved ones — do about these golden marriages on the rocks? Should they intervene — or butt out? And can marital therapy help — or is it too late to change?

Share your thoughts and experiences — and on Tuesday we will try to provide some advice from experts.

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In Spain, Having a Job No Longer Guarantees a Paycheck

Working but Waiting:
The Times’s Suzanne Daley reports on struggling Spanish workers who have avoided losing their jobs but often face weeks or months without paychecks.

VALENCIA, Spain — Over the past two years, Ana María Molina Cuevas, 36, has worked five shifts a week in a ceramics factory on the outskirts of this city, hand-rolling paint onto tiles. But at the end of the month, she often went unpaid.

Still, she kept showing up, trying to keep her frustration under control. If she quit, she reasoned, she might never get her money. And besides, where was she going to find another job? Last month, she was down to about $130 in her bank account with a mortgage payment due.

“On the days you get paid,” she said at home with her disabled husband and young daughter, “it is like the sun has risen three times. It is a day of joy.”

Mrs. Molina, who is owed about $13,000 by the factory, is hardly alone. Being paid for the work you do is no longer something that can be counted on in Spain, as this country struggles through its fourth year of an economic crisis.

With the regional and municipal governments deeply in debt, even workers like bus drivers and health care attendants, dependent on government financing for their salaries, are not always paid.

But few workers in this situation believe they have any choice but to stick it out, and none wanted to name their employers, to protect both the companies and their jobs. They try to manage their lives with occasional checks and partial payments on random dates — never sure whether they will get what they are owed in the end. Spain’s unemployment rate is the highest in the euro zone at more than 25 percent, and despite the government’s labor reforms, the rate has continued to rise month after month.

“Before the crisis, a worker might let one month go by, and then move on to another job,” said José Francisco Perez, a lawyer who represents unpaid workers in the Valencia area. “Now that just isn’t an option. People now have nowhere to go, and they are scared. They are afraid even to complain.”

No one is keeping track of workers like Mrs. Molina. But one indication of their number can be seen in the courts, which have become jammed with people trying to get back pay from a government insurance fund, aimed at giving workers something when a company does not pay them.

In Valencia, Spain’s third-largest city, the unemployment rate is 28.1 percent and the courts are so overwhelmed that processing claims, which used to take three to six months, now takes three to four years.

Since the start of the crisis in 2008, the insurance fund has paid nearly a million workers nationally back pay or severance. In 2007, it paid 70,000 workers. It is on track to pay more than 250,000 this year, and experts say the figures would be much higher if not for the logjam in the courts.

Often the unpaid workers, like Mrs. Molina, whose company is now in bankruptcy proceedings, hope their labor will keep a struggling operation afloat over the long run. Unemployment benefits last only two years, they point out, and they wonder what they would do after that. But in the meantime, they cannot even claim unemployment benefits. And no amount of budgeting can cover no payment at all.

Beatriz Morales García, 31, said she could not remember the last time she went shopping for herself. A few years ago, she and her husband, Daniel Chiva, 34, thought that they had settled into a comfortable life, he as a bus driver and she as a therapist in a rehabilitation center for people with mental disabilities. His job is financed by the City of Valencia, and hers by the regional government of Valencia.

They never expected any big money. But it seemed reasonable to expect a reliable salary, to take on a mortgage and think about children. In the past year, however, both of them have had trouble being paid. She is owed 6,000 euros, nearly $8,000. They have cut back on everything they can think of. They have given up their landline and their Internet connection. They no long park their car in a garage or pay for extra health insurance coverage. Mr. Chiva even forgoes the coffee he used to drink in a cafe before his night shifts. Still, the anxiety is constant.

“There are nights when we cannot sleep,” he said. “Moments when you talk out loud to yourself in the street. It has been terrible, terrible.”

Mrs. Morales said it was particularly hard to watch other mothers in the park with their children while she must leave her own toddler to go to work, unsure she will ever get paid.

“We are working eight hours, and we’re suffering more than people who are not working,” she said.

The couple’s pay has been so irregular that they are having a hard time even keeping track of how much they are owed, because small payments show up sporadically in their account.

Rachel Chaundler contributed reporting.

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A Google-a-Day Puzzle for Dec. 16

Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.

SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!

Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.

And now, without further ado, we give you…

TODAY’S PUZZLE:

Note: Ad-blocking software may prevent display of the puzzle widget.

Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @wiredgeekdad on Twitter.

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Sundance film “End of Love” finds distributor

LOS ANGELES (TheWrap.com) – Gravitas Ventures and Variance Films have acquired all North American rights to writer-director Mark Webber‘s drama “The End of Love,” the companies announced on Thursday.

The father-son drama, which debuted at this year’s Sundance Film Festival, stars Webber alongside Shannyn Sossamon (pictured), and Webber’s real-life son Isaac Love, and features appearances by Michael Cera, Jason Ritter, and Amanda Seyfried.

The film tells the story of struggling actor Mark (Webber), who is forced to grapple with his inability to grow up when the mother of his two-year-old son Isaac suddenly dies. As he kindles a relationship with a young single mother, Mark begins to realize that he can no longer remain in denial about the real-life consequences his choices have on Isaac.

Gravitas Ventures will debut the film across all major video on demand (VOD) platforms on January 21, 2013 with a theatrical release from Variance Films beginning March 1 2013 in select markets.

“Propelled by the authenticity and intimacy of the performances, our acquisition team was unanimous that ‘The End of Love’ was one of the strongest films not only of Sundance, but of all of the films we saw last year,” said Nolan Gallagher, founder and CEO of Gravitas Ventures.

“I’m thrilled that ‘The End of Love’ has found a home with Gravitas and Variance,” said Webber. “In the rapidly changing landscape of how films are seen, these two companies are at the forefront of embracing that change.”

Movies News Headlines – Yahoo! News

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Dr. William F. House, Inventor of Cochlear Implant, Dies

Dr. William F. House, a medical researcher who braved skepticism to invent the cochlear implant, an electronic device considered to be the first to restore a human sense, died on Dec. 7 at his home in Aurora, Ore. He was 89.

The cause was metastatic melanoma, his daughter, Karen House, said.

Dr. House pushed against conventional thinking throughout his career. Over the objections of some, he introduced the surgical microscope to ear surgery. Tackling a form of vertigo that doctors had believed was psychosomatic, he developed a surgical procedure that enabled the first American in space to travel to the moon. Peering at the bones of the inner ear, he found enrapturing beauty.

Even after his ear-implant device had largely been supplanted by more sophisticated, and more expensive, devices, Dr. House remained convinced of his own version’s utility and advocated that it be used to help the world’s poor.

Today, more than 200,000 people in the world have inner-ear implants, a third of them in the United States. A majority of young deaf children receive them, and most people with the implants learn to understand speech with no visual help.

Hearing aids amplify sound to help the hearing-impaired. But many deaf people cannot hear at all because sound cannot be transmitted to their brains, however much it is amplified. This is because the delicate hair cells that line the cochlea, the liquid-filled spiral cavity of the inner ear, are damaged. When healthy, these hairs — more than 15,000 altogether — translate mechanical vibrations produced by sound into electrical signals and deliver them to the auditory nerve.

Dr. House’s cochlear implant electronically translated sound into mechanical vibrations. His initial device, implanted in 1961, was eventually rejected by the body. But after refining its materials, he created a long-lasting version and implanted it in 1969.

More than a decade would pass before the Food and Drug Administration approved the cochlear implant, but when it did, in 1984, Mark Novitch, the agency’s deputy commissioner, said, “For the first time a device can, to a degree, replace an organ of the human senses.”

One of Dr. House’s early implant patients, from an experimental trial, wrote to him in 1981 saying, “I no longer live in a world of soundless movement and voiceless faces.”

But for 27 years, Dr. House had faced stern opposition while he was developing the device. Doctors and scientists said it would not work, or not work very well, calling it a cruel hoax on people desperate to hear. Some said he was motivated by the prospect of financial gain. Some criticized him for experimenting on human subjects. Some advocates for the deaf said the device deprived its users of the dignity of their deafness without fully integrating them into the hearing world.

Even when the American Academy of Ophthalmology and Otolaryngology endorsed implants in 1977, it specifically denounced Dr. House’s version. It recommended more complicated versions, which were then under development and later became the standard.

But his work is broadly viewed as having sped the development of implants and enlarged understanding of the inner ear. Jack Urban, an aerospace engineer, helped develop the surgical microscope as well as mechanical and electronic aspects of the House implant.

Karl White, founding director of the National Center for Hearing Assessment and Management, said in an interview that it would have taken a decade longer to invent the cochlear implant without Dr. House’s contributions. He called him “a giant in the field.”

After embracing the use of the microscope in ear surgery, Dr. House developed procedures — radical for their time — for removing tumors from the back portion of the brain without causing facial paralysis; they cut the death rate from the surgery to less than 1 percent from 40 percent.

He also developed the first surgical treatment for Meniere’s disease, which involves debilitating vertigo and had been viewed as a psychosomatic condition. His procedure cured the astronaut Alan B. Shepard Jr. of the disease, clearing him to command the Apollo 14 mission to the moon in 1971. In 1961, Shepard had become the first American launched into space.

In presenting Dr. House with an award in 1995, the American Academy of Otolaryngology-Head and Neck Surgery Foundation said, “He has developed more new concepts in otology than almost any other single person in history.”

William Fouts House was born in Kansas City, Mo., on Dec. 1, 1923. When he was 3 his family moved to Whittier, Calif., where he grew up on a ranch. He did pre-dental studies at Whittier College and the University of Southern California, and earned a doctorate in dentistry at the University of California, Berkeley. After serving his required two years in the Navy — and filling the requisite 300 cavities a month — he went back to U.S.C. to pursue an interest in oral surgery. He earned his medical degree in 1953. After a residency at Los Angeles County Hospital, he joined the Los Angeles Foundation of Otology, a nonprofit research institution founded by his brother, Howard. Today it is called the House Research Institute.

Many at the time thought ear surgery was a declining field because of the effectiveness of antibiotics in dealing with ear maladies. But Dr. House saw antibiotics as enabling more sophisticated surgery by diminishing the threat of infection.

When his brother returned from West Germany with a surgical microscope, Dr. House saw its potential and adopted it for ear surgery; he is credited with introducing the device to the field. But again there was resistance. As Dr. House wrote in his memoir, “The Struggles of a Medical Innovator: Cochlear Implants and Other Ear Surgeries” (2011), some eye doctors initially criticized his use of a microscope in surgery as reckless and unnecessary for a surgeon with good eyesight.

Dr. House also used the microscope as a research tool. One night a week he would take one to a morgue for use in dissecting ears to gain insights that might lead to new surgical procedures. His initial reaction, he said, was how beautiful the bones seemed; he compared the experience to one’s first view of the Grand Canyon. His wife, the former June Stendhal, a nurse, often helped.

She died in 2008 after 64 years of marriage. In addition to his daughter, Dr. House is survived by a son, David; three grandchildren; and two great-grandchildren.

The implant Dr. House invented used a single channel to deliver information to the hearing system, as opposed to the multiple channels of competing models. The 3M Company, the original licensee of the House implant, sold its rights to another company, the Cochlear Corporation, in 1989. Cochlear later abandoned his design in favor of the multichannel version.

But Dr. House continued to fight for his single-electrode approach, saying it was far cheaper, and offered voluminous material as evidence of its efficacy. He had hoped to resume production of it and make it available to the poor around the world.

Neither the institute nor Dr. House made any money on the implant. He never sought a patent on any of his inventions, he said, because he did not want to restrict other researchers. A nephew, Dr. John House, the current president of the House institute, said his uncle had made the deal to license it to the 3M Company not for profit but simply to get it built by a reputable manufacturer.

Reflecting on his business decisions in his memoir, Dr. House acknowledged, “I might be a little richer today.”

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As Gold Is Spirited Out of Afghanistan, Officials Wonder Why

Zalmai for The New York Times

A Kabul jewelry shop. Officials are concerned about gold being flown out of Afghanistan.

KABUL, Afghanistan — Packed into hand luggage and tucked into jacket pockets, roughly hewed bars of gold are being flown out of Kabul with increasing regularity, confounding Afghan and American officials who fear money launderers have found a new way to spirit funds from the country.

Most of the gold is being carried on commercial flights destined for Dubai, according to airport security reports and officials. The amounts carried by single couriers are often heavy enough that passengers flying from Kabul to the Persian Gulf emirate would be well advised to heed warnings about the danger of bags falling from overhead compartments. One courier, for instance, carried nearly 60 pounds of gold bars, each about the size of an iPhone, aboard an early morning flight in mid-October, according to an airport security report. The load was worth more than $1.5 million.

The gold is fully declared and legal to fly. Some, if not most, is legitimately being sent by gold dealers seeking to have old and damaged jewelry refashioned into new pieces by skilled craftsmen in the Persian Gulf, said Afghan officials and gold dealers.

But gold dealers in Kabul and current and former Kabul airport officials say there has been a surge in shipments since early summer. The talk of a growing exodus of gold from Afghanistan has been spreading among the business community here, and in recent weeks has caught the attention of Afghan and American officials. The officials are now puzzling over the origin of the gold — very little is mined in Afghanistan, although larger mines are planned — and why so much appears to be heading for Dubai.

“We are investigating it, and if we find this is a way of laundering money, we will intervene,” said Noorullah Delawari, the governor of Afghanistan’s central bank. Yet he acknowledged that there were more questions than answers at this point. “I don’t know where so much gold would come from, unless you can tell me something about it,” he said in an interview. Or, as a European official who tracks the Afghan economy put it, “new mysteries abound” as the war appears to be drawing to a close.

Figuring out what precisely is happening in the Afghan economy remains as confounding as ever. Nearly 90 percent of the financial activity takes place outside formal banks. Written contracts are the exception, receipts are rare and statistics are often unreliable. Money laundering is commonplace, say Western and Afghan officials.

As a result, with the gold, “right now you’re stuck in that situation we usually are: is there something bad going on here or is this just the Afghan way of commerce?” said a senior American official who tracks illicit financial networks.

There is reason to be suspicious: the gold shipments track with the far larger problem of cash smuggling. For years, flights have left Kabul almost every day carrying thick wads of bank notes — dollars, euros, Norwegian kroner, Saudi Arabian riyals and other currencies — stuffed into suitcases, packed into boxes and shrink-wrapped onto pallets. At one point, cash was even being hidden in food trays aboard now-defunct Pamir Airways flights to Dubai.

Last year alone, Afghanistan’s central bank says, roughly $4.5 billion in cash was spirited out through the airport. Efforts to stanch the flow have had limited impact, and concerns about money laundering persist, according to a report released last week by the United States Special Inspector General for Afghanistan Reconstruction.

The unimpeded “bulk cash flows raise the risk of money laundering and bulk cash smuggling — tools often used to finance terrorist, narcotics and other illicit operations,” the report said. The cash, and now the gold, is most often taken to Dubai, where officials are known for asking few questions. Many wealthy Afghans park their money and families in the emirate, and gold dealers say more middle-class Afghans are sending money and gold — seen as a safeguard against economic ruin — to Dubai as talk of a postwar economic collapse grows louder.

But given Dubai’s reputation as a haven for laundered money, an Afghan official said that the “obvious suspicion” is that at least some of the apparent growth in gold shipments to Dubai is tied to the myriad illicit activities — opium smuggling, corruption, Taliban taxation schemes — that have come to define Afghanistan’s economy.

There are also indications that Iran could be dipping into the Afghan gold trade. It is already buying up dollars and euros here to circumvent American and European sanctions, and it may be using gold for the same purpose.

Yahya, a dealer in Kabul, said other gold traders were helping Iran buy the precious metal here. Payment was being made in oil or with Iranian rials, which readily circulate in western Afghanistan. The Afghan dealers are then taking it to Dubai, where the gold is sold for dollars. The money is then moved to China, where it was used to buy needed goods or simply funneled back to Iran, said Yahya, who like many Afghans uses a single name.

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