DealBook: Dell Nears a Buyout Deal of More Than $23 Billion

Dell Inc. neared an agreement on Monday to sell itself to a group led by its founder and the investment firm Silver Lake for more than $23 billion, people briefed on the matter said, in what would be the biggest buyout since the financial crisis.

If completed, a takeover would be the most ambitious attempt yet by Michael S. Dell to revive the company that bears his name. Such is the size of the potential deal that Mr. Dell has called upon Microsoft, one of his most important business partners, to shore up the proposal with additional financial muscle. The question will now turn to whether taking the personal computer maker private will accomplish what years of previous turnaround efforts have not.

The final details were being negotiated on Monday evening, and a deal could be announced as soon as Tuesday. Still, last-minute obstacles could cause the talks to collapse, the people briefed on the matter cautioned.

The consortium is expected to pay $13.50 to $13.75 a share, these people said. Mr. Dell is expected to contribute his nearly 16 percent stake to the deal, worth about $3.8 billion under the current set of terms. He is also expected to contribute hundreds of millions of dollars in fresh capital from his own fortune.

Silver Lake, known as one of the biggest investors in technology companies, would most likely contribute roughly $1 billion, these people added. Microsoft is expected to put in about $2 billion, though that would probably come in the form of preferred shares or debt.

Dell is also expected to bring home some of the cash that it holds in offshore accounts to help with the financing.

A spokesman for Dell declined to comment.

For decades, Dell benefited from its status as a pioneer in the market for personal computers. Founded in 1984 in a dormitory room at the University of Texas, the company grew into one of the biggest computer makers in the world, built on the simple premise that customers would flock to customize their machines.

By the late 1990s, its fast-rising stock created a company worth $100 billion and minted a class of “Dellionaires” whose holdings made for big fortunes, at least on paper. Mr. Dell amassed an estimated $16 billion and formed a quietly powerful investment firm to manage those riches.

But growing competition has sapped Dell’s strength. Rivals like Lenovo and Samsung have made the PC-making business less profitable. Last month, the market research firm Gartner reported that Dell sold 37.6 million PCs worldwide in 2012, a 12.3 percent drop from the previous year’s shipments. Perhaps more significant is the emergence of the smartphone and the tablet, two classes of devices that have eaten away at sales of traditional computers.

Mr. Dell has sought to move the company into the more lucrative and stable business of providing corporations with software services, spending billions of dollars on acquisitions to lead that transformation. The aim is to refashion Dell into something more like I.B.M. or Oracle. Even so, manufacturing PCs still makes up half of the company’s business.

The company’s stock had fallen 59 percent in the 10 years ended Jan. 11, the last business day before word of the buyout talks emerged. That has actually made Dell more tempting as a takeover target for its founder and Silver Lake, which see it as undervalued.

A Dell deal would be a watershed moment for the leveraged buyout industry: It would be the largest takeover since the Blackstone Group paid $26 billion for Hilton Hotels in the summer of 2007. No leveraged buyout since the financial crisis has surpassed the $7.2 billion that Kohlberg Kravis Roberts and others paid for the Samson Investment Company, an oil and gas driller, in the fall of 2011.

Private equity executives have hungered for the chance to strike a deal worth more than $10 billion, an accomplishment believed difficult because of the sheer size of financing required. Dell would take on more than $15 billion in debt, an enormous amount arranged by no fewer than four banks.

But the debt markets have been soaring over the last two years, as the cost of junk bonds has stayed low. Persistent low interest rates have prompted debt buyers to seek investments that carry higher yields

Dell was unusually well-placed to make a deal with private equity. The company carries $4.9 billion in long-term debt, which some analysts have regarded as a manageable amount. And its management has signaled a willingness to bring back at least some of the company’s cash hoard held overseas, despite potentially ringing up a hefty tax bill.

It is unclear whether the company’s biggest investors will accept a deal at the levels that the buyer consortium is advocating. Shares of Dell fell 2.6 percent, to $13.27, on Monday after reports of the proposed price range emerged.

Biggest Private Equity-Backed Leveraged Buyouts

DEAL, IN BILLIONS	TARGET	BUYER	ANNOUNCED
Source: Thomson Reuters *At time of deal, including assumption of debt, not adjusted for inflation.
$44.3	TXU	Morgan Stanley, Citigroup, Lehman Brothers Holdings, Kohlberg Kravis Roberts, Texas Pacific Group and Goldman Sachs	February 2007
37.7	Equity Office Properties Trust	Blackstone Group	November 2006
32.1	HCA	Bain Capital, Kohlberg Kravis Roberts and Merrill Lynch Global Private	July 2006
30.2	RJR Nabisco	Kohlberg Kravis Roberts	October 1988
30.1	BAA	Grupo Ferrovial SA, Caisse de Depot et Placement and GIC Special Invest	March 2006
27.6	Harrah’s Entertainment	Texas Pacific Group and Apollo Management	October 2006
27.4	Kinder Morgan	GS Capital Partners, The Carlyle Group and Riverstone Holdings	May 2006
27.2	Alltel	TPG Capital and GS Capital Partners	May 2007
27.0	First Data	Kohlberg Kravis Roberts	April 2007
26.7	Hilton Hotels	Blackstone Group	July 2007

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Slaying casts light on Hollywood's transgender prostitutes

The last that Cassidy Vickers' street friends saw of him was about 10 p.m. on Nov. 17, 2011, outside the Donut Time shop on Santa Monica Boulevard in Hollywood.

He was waving and saying he'd be back in a bit.

A transgender prostitute whose legal name was Nathan, Cassidy had come down from the San Francisco Bay Area to work the Hollywood streets.

That night, on Lexington Avenue, 10 blocks from the doughnut shop, Vickers was shot to death by a man on a bike.

Vickers' death was part of a series of crimes by a man police are now calling the Western Bandit for his armed robberies late at night in the vicinity of Western Avenue from Hollywood to South Los Angeles. Detectives believe he has recently resurfaced, committing six more street robberies from June to October, and then two more last month.

"This is a huge concern for us, and for the safety of the public," said Lt. John Radtke of the Los Angeles Police Department. Radtke, supervisor of West Bureau homicide detectives, said a "signature aspect" of the crimes, which he declined to specify, has led investigators to believe the same man has appeared three times to commit crimes.

His victims, Radtke said, range from transgender prostitutes to people coming home from work late at night. Besides Vickers, two other victims have been transgender women, neither of whom was hurt. Detectives don't believe he's specifically targeting transgender prostitutes.

"My feeling is he's out there robbing and desperate to get his money and he takes whoever he encounters," Radtke said.

Still, the case of the Western Bandit casts light on the world of transgender streetwalkers, which has changed radically in recent years, leaving only the most vulnerable on the street at night — people like Nathan "Cassidy" Vickers.

Vickers grew up in a tidy, four-bedroom house in East Palo Alto, a working-class black and Latino town south of San Francisco.

In the years after high school, he came out as a gay man, said his mother, Mitzy Thompson, though "he had some of the 'hood in him," dressing in baggy pants, with braided hair and two fake gold front teeth.

His friends remember a funny, talkative and loyal gay man attempting to find his way in a tough town like East Palo Alto.

He left, eventually living in Las Vegas and, briefly, New York. He then returned to the Bay Area, where he worked for years cleaning rooms in hotels.

Sometime in 2010 he began going to Oakland parties in drag and from there, desperate for cash, working as a prostitute.

Cross-dressing, for Vickers, "was 90% economic; 10% because he liked the attention," said Nelee Webb, a friend and former roommate. Unemployment "took his self-esteem. He felt 'This is my last resort.' "

By early 2011, Vickers was traveling the Hollywood-Bay Area circuit that has for years been followed by many transgender prostitutes.

He remained Nathan in East Palo Alto, but became Cassidy while working Hollywood's transgender prostitute strip: Santa Monica Boulevard.

According to a report by the city attorney's office, Cassidy Vickers was arrested for soliciting prostitution, a month before he died, on nearby Lexington Avenue, which is where many transgender prostitutes hang out.

Several blocks of Lexington, just north of Santa Monica Boulevard and lined with small bungalows and crowded apartments, have been a strip for male hookers dressed as women for at least two decades. The scene reached its zenith in the mid-1990s. But it has declined in the era of Internet sites that match johns with prostitutes.

"It's a street of no return," said Elena Pupo, a Venezuelan transgender woman and advocate for the community.

Vickers had no home, no cosmetic surgery. He was, said a friend who asked not to be identified, a handsome man, "but wasn't really an attractive looking female."

He was the kind of vulnerable night denizen that the Western Bandit appears to target. Working late at night, he slept in bushes on a street between Donut Time and Lexington, or in a booth at the X-Spot adult bookstore in the strip mall behind the doughnut shop, Amber said.

The last time Amber saw Vickers, he seemed happier and more exuberant — the kind of outgoing person that Bay Area friends describe. "She felt good about herself that day," Amber said.

An hour later, Amber said, police cars descended on the Donut Time strip mall. Officers circulated a picture of Vickers asking the streetwalkers who heshe was.

More than a hundred people attended Vickers' funeral in East Palo Alto. Thompson didn't know many of them. She was startled to see a few were men with women's breasts and clothes.

Nevertheless, Thompson dressed her son's body in a man's suit — burgundy, his favorite color. His face, bewhiskered for years, was clean-shaven — the way he kept it as a woman when he died. Thompson said she learned of her son's cross-dressing only after his death, from a Facebook video he'd posted.

For police, Vickers' story is one they've seen all too often.

"It's the age-old Hollywood story," said Brett Goodkin, the Los Angeles police homicide detective called to Lexington that night. "People come to Hollywood … so they can be somebody else. In Nathan's case, he could be himself in Hollywood. That was his Hollywood dream. It ended like so many others."

sam.quinones@latimes.com

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SUPER BOWL WATCH: Brotherly advice, Twitter buzz

NEW ORLEANS (AP) — Around the Super Bowl and its host city with journalists from The Associated Press bringing the flavor and details of everything surrounding the game:

___

BROTHERLY ADVICE: AARON RODGERS

Baltimore Ravens coach John Harbaugh and San Francisco 49ers coach Jim Harbaugh are hardly the only high-profile siblings who’ve squared off in their arena of expertise. The AP is asking some others who can relate how to handle going against a family member in the Super Bowl.

As the middle of three brothers, Green Bay Packers quarterback Aaron Rodgers knows a thing or two about high-stakes competitions with siblings. It wouldn’t matter if he was facing one of his brothers in the backyard or the sport’s biggest stage.

“I’d want to beat them pretty bad,” the 2011 NFL MVP said. “I really would.”

Less than two years separates Rodgers and his older brother, Luke, now on Fuel TV’s “Clean Break,” and the two are “very competitive.”

“My older brother and I had a lot of great matchups, great one-on-one games. We competed a lot in sports,” Rodgers said.

There’s still a chance Rodgers could wind up facing one of his brothers on the field, maybe even at the Super Bowl. Jordan Rodgers led Vanderbilt to its first nine-win record since 1915 last season and is now preparing for the NFL draft.

“I hope so,” Rodgers said of the prospects of a “Rodgers Bowl.” ”And I hope we would win if that ever happened.”

— Nancy Armour — http://twitter.com/nrarmour

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TWITTER BUZZ BUILDING

Americans on Twitter are already buzzing about the Super Bowl with about 6 hours until the game kicks off.

Four terms related to the game between the Baltimore Ravens and San Francisco 49ers are trending in the United States: “Happy Super Bowl Sunday,” ”49ers,” ”Beyonce” and “Ray Lewis.”

None, however, are trending worldwide yet.

— Oskar Garcia — http://twitter.com/oskargarcia

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GUN AD

Washington lawmakers watching the Super Bowl in the beltway are getting a 30-second visit from New York Mayor Michael Bloomberg’s gun control group.

Mayors Against Illegal Guns, a coalition of more than 900 mayors in 48 states, paid six figures for the local spot, according to a Bloomberg spokesman.

The ad calls on lawmakers to pass rules requiring background checks on guns. It is narrated by children with “America the Beautiful” playing in the background.

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QUICKQUOTE: ANDREW LUCK

Andrew Luck has high praise for San Francisco 49ers coach Jim Harbaugh, his old coach at Stanford. Even if he did pick an unusual way to express it.

“I always enjoyed playing under coach Harbaugh. He always brought a lot of energy and enthusiasm,” the Indianapolis Colts quarterback said. “He was the type of guy you’d want in an alley fight with you. You could tell he wanted to win just as bad as the next guy.”

— Nancy Armour — http://www.twitter.com/nrarmour

___

EDITOR’S NOTE — “Super Bowl Watch” shows you the Super Bowl and the events surrounding the game through the eyes of Associated Press journalists across New Orleans and around the world. Follow them on Twitter where available with the handles listed after each item.

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Power outage electrifies CBS Super Bowl broadcast

NEW YORK (AP) — When the lights went out at the Super Bowl, CBS’ telecast got a jolt.

The power outage in the Super Dome in New Orleans sent the network scrambling and silenced its announcers for about half an hour. The remarkable scene — probably the most-watched “we’re having technical difficulties” moment in television history — also made CBS’ broadcast compelling at a time when the game was looking like a blow-out.

Early in the game’s second half, a portion of the Superdome lost power, including CBS’ broadcasting booth where Jim Nantz and Phil Simms were calling the game. It led to an awkward, ambient few moments of darkness and quiet in a broadcast that’s otherwise nonstop noise. A highly orchestrated media event was suddenly forced to improvise.

It took several minutes and numerous commercial breaks for CBS to find its footing and inform viewers of the situation. Social media went wild with a stream of joke conspiracy theories.

Eventually, CBS sideline reporter Steve Tasker — the MVP on the night, regardless of the play on the gridiron — announced the problem of a “click of the lights” to viewers. Later, the halftime crew anchored by host James Brown returned to fill time with football analysis. Brown said a power surge caused the outage.

That left the CBS NFL Today crew of Brown, Dan Marino, Bill Cowher and Shannon Sharpe to improvise by talking football. With little awareness of the power outage, the group bantered about the game to pad for time, even though viewers at that point had little interest in football strategy. Marino claimed halftime performer Beyonce knocked the lights out.

Calm and collected, Nantz and Simms finally returned from their unexpected exile as the lights came back on. Simms said he momentarily thought they were going to have to call the rest of the game from the sidelines.

“Hey, the next time you decide to plug in your phone charger, give us a warning, will you?” said Nantz.

“I was doing some of my best work during that blackout,” replied Simms.

CBS issued a statement later in the game, saying that “we lost numerous cameras and some audio powered by sources in the Super Dome.” The network said it used backup power and that “all commercial commitments during the broadcast are being honored.”

The power outage may have had the ironic effect of keeping viewers glued to their TVs, amazed at seeing the biggest TV event of the year momentarily shut down. At the time of the outage, the game was becoming a rout, with the Baltimore Ravens beating the San Francisco 49ers 28-6.

But afterward, momentum shifted and the 49ers rallied, making it a close game that went down to the wire before the Ravens edged out a 34-31 victory. Close contests are essential for retaining a big Super Bowl audience, so the shift that followed the outage held major ratings implications for CBS. The last three years, the game has successively set viewership records. Last year’s Super Bowl drew 111.3 million average viewers for NBC.

But ratings are a mere point of pride for CBS, with the ads sold-out well in advance, (some at more than $ 4 million a pop). The game was also streamed live on both CBSSports.com and NFL.com.

The chaos of the power failure outshined all other aspects of CBS’ broadcast, which had seemed certain to focus on a handful of storylines: the head coaching brothers John and Jim Harbaugh (CBS scored their parents on the pregame); the threat to player safety by head injuries (a pregame segment took an optimistic view); and Ray Lewis’ final game and fraught legacy.

Nantz reminded viewers during the game of the 2000 double murder case in which Lewis testified against two men and pleaded guilty to a misdemeanor charge of obstruction of justice. But Sharpe, Lewis’ former teammate, let him completely evade the subject in a pregame interview.

Nantz also smartly predicted the Ravens possibly taking a safety willingly at the end of the game for the sake of time and field position. Simms initially dismissed the idea, but it was what the Ravens elected to do and it was successful.

CBS didn’t overplay the Harbowl angle (if anything, it felt more like the Beyonce Bowl), and didn’t flash to the parents in the crowd until the second quarter. Director Mike Arnold did land the money shot of the game: The two coaches embracing at midfield after the game. (Its cameras and microphones also caught Ravens quarterback Joe Flacco celebrating with profanity.)

But this year’s Super Bowl broadcast will be remembered for the blackout — how CBS handled and benefited from an awkward situation. Nantz put the fitting final word on the Ravens’ win: “The adversity they faced tonight was to somehow rekindle the energy after it had been taken — literally — out of the building.”

___

Follow AP Entertainment Writer Jake Coyle on Twitter at: http://twitter.com/jake_coyle

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Medicines Co. Licenses Rights to Cholesterol Drug

The drug, known as ALN-PCS, inhibits a protein in the body known as PCSK9. Such drugs might one day be used to treat millions of people who do not achieve sufficient cholesterol-lowering from commonly used statins, such as Lipitor.

The Medicines Company will pay $25 million initially and as much as $180 million later if certain development and sales goals are met, under the deal expected to be formally announced Monday. It will also pay Alnylam, which is based in Cambridge, Mass., double-digit royalties on global sales.

That is small payment for a drug with presumably a huge potential market, probably reflecting that Alnylam is still in the first of three phases of clinical trials, well behind some far bigger competitors.

The team of Sanofi and Regeneron Pharmaceuticals is already entering the third and final stage of trials with their PCSK9 inhibitor, as is Amgen. Pfizer and Roche are in midstage trials.

ALN-PCS is different from the other drugs. It uses a gene-silencing mechanism called RNA interference, aimed at shutting off production of the PCSK9 protein. The other drugs are proteins called monoclonal antibodies that inhibit the action of PCSK9 after it has been formed.

Alnylam and the Medicines Company hope that turning off the faucet, as it were, will be more efficient than mopping the floor, allowing their drug to be given less frequently and in smaller amounts.

But that has yet to be proved. No drug using RNA interference has reached the market.

The Medicines Company, based in Parsippany, N.J., generates almost all of its revenue from one product — Angiomax, an anticlotting drug used when patients receive stents to open clogged arteries.

Dr. Clive A. Meanwell, chief executive of the company, said that PCSK9 inhibitors are likely to be used at first mainly by patients with severe lipid problems under the care of interventional cardiologists, the same doctors who use Angiomax. “It really is quite adjacent to what we do,” he said.

The Medicines Company licensed Angiomax from Biogen Idec, where the drug was invented and initially developed under a team led by Dr. John M. Maraganore, who is now the chief executive of Alnylam.

“It’s a bit like getting the band back together,” Dr. Maraganore said.

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DealBook: New Details Suggest a Defense in SAC Case

At the center of the government’s insider trading case against a former portfolio manager at the hedge fund SAC Capital Advisors is a trade that directly involves Steven A. Cohen, the billionaire owner of the fund.

New details about the case have emerged that could cast doubt on the way that trade has been portrayed by the authorities, suggesting a possible line of defense for the portfolio manager and raising questions about whether the government will be able to build a case against Mr. Cohen, who has long been in the cross hairs of an investigation for insider trading on Wall Street.

Federal prosecutors have claimed that SAC dumped millions of shares of two pharmaceutical companies in 2008 after the former employee, Mathew Martoma, received secret information from a doctor about problems with a new Alzheimer’s drug.

In bringing its charges, the government said that SAC not only sold out of its position, but also bet against — or shorted — the drug companies’ stocks before the public announcement of the bad news. The SAC short position, according to prosecutors, allowed it to earn big profits after shares of the companies, Elan and Wyeth, plummeted.

“The fund didn’t merely avoid losses, it greedily schemed to profit further by shorting Elan and Wyeth stock,” said April Brooks, a senior F.B.I. official in New York, during a press conference on Nov. 20, the day Mr. Martoma was arrested.

Internal SAC trading records, according to people directly involved in the case, indicate that the hedge fund did not have a negative bet in place in advance of the announcement of the drug trial’s disappointing results. Instead, the records indicated that SAC, through a series of trades, including a complex transaction known as an equity swap, had virtually no exposure — neither long nor short — heading into the disclosure of the drug data.

A different narrative surrounding the firm’s trading could help Mr. Martoma, who has pleaded not guilty to securities fraud and conspiracy in what the government calls the most lucrative insider trading case ever charged.

The government, however, does have powerful evidence against Mr. Martoma. Prosecutors say the fund avoided losses by selling its roughly $700 million stake in Elan and Wyeth. If, as the government says, Mr. Martoma caused SAC to sell the shares — and then short them — while possessing important, nonpublic information, that would constitute an insider trading crime. And prosecutors have secured the testimony of the doctor who says he leaked the drug trial data to Mr. Martoma.

Still, perhaps more important, the trading records may complicate a government effort to pursue a case against Mr. Cohen. The SAC founder has not been accused of any wrongdoing, and has said he acted appropriately at all times.

In bringing charges against Mr. Martoma, prosecutors appeared to be circling nearer to Mr. Cohen. The criminal complaint against Mr. Martoma noted that Mr. Cohen had spent 20 minutes on the telephone with the portfolio manager the night before SAC began selling its shares. Prosecutors have not claimed that Mr. Cohen knew that Mr. Martoma had confidential information about the drug trials. (Mr. Martoma has refused so far to cooperate in helping the government build a case against his former boss.)

Yet if the 2008 trade is a possible avenue for the government, it is running out of time to bring a case against Mr. Cohen. Under the statute of limitations for insider trading crimes, the government would have to file a criminal case against him by mid-July. That deadline is the five-year anniversary of the trade in question, unless it could prove a conspiracy with Mr. Martoma that continued well past then.

Prosecutors have not sought to reach a “tolling agreement” with Mr. Cohen, which would allow the government additional time to bring a case past the statute of limitations, according to people briefed on the matter. The S.E.C., meanwhile, is weighing whether to file a civil fraud lawsuit against the fund connected to the drug-stock trades.

All this comes as a Feb. 14 cutoff approaches for SAC clients to ask for their money back. The fund has told employees that it expects at least $1 billion in withdrawals from the $14 billion fund amid the intensifying investigation. SAC has a standard quarterly redemption deadline.

Several other factors could make it difficult for the government to implicate Mr. Cohen. SAC is well known for its aggressive, rapid-fire trading style, and several former employees say that there is nothing unusual about the fund’s exiting a large position over just a few days.

“It’s one thing to bring an insider trading charge against a market novice who pours his 401(k) into a stock after hanging up the phone with an insider,” said Morris J. Fodeman, a former prosecutor and now a white-collar criminal defense lawyer at Wilson Sonsini Goodrich & Rosati. “But it’s far more difficult to make a case against a sophisticated hedge fund that routinely takes large positions and employs complex trading strategies.”

Moreover, both inside and outside SAC, there had been much controversy and debate surrounding the effectiveness of the Alzheimer’s drug, called bapineuzumab, leading up to the July 2008 release of the companies’ clinical results. Mr. Martoma’s colleagues in SAC’s health care group raised specific concerns with Mr. Cohen about the wisdom of holding such a large position in the two companies. And while preliminary data announced by Elan and Wyeth in June offered encouraging news, they also suggested potential problems.

“We believe potentially confounding factors will continue to fuel controversy over bapineuzumab,” wrote Caroline Y. Stewart, a drug stock analyst with Piper Jaffray, reacting to the preliminary results.

On July 11, another Wall Street analyst, Jonathan Aschoff at Brean Murray Carret & Company, raised red flags about a sharp run-up in the price of Elan’s shares heading into the presentation of the data.

“We have numerous concerns with the clinical development of bapineuzumab, and what we viewed to be underwhelming top-line Phase 2 results make us highly doubtful of success,” Mr. Aschoff wrote. “In our opinion, this strategy only serves to increase clinical risk and stoke our pessimism.”

The uncertainty relating to the Alzheimer drug’s clinical results could help explain what led Mr. Cohen to hedge SAC’s position so that it had “neutral exposure,” in Wall Street parlance, heading into disclosure of the trial results.

The short positions that SAC established in Elan and Wyeth were matched almost perfectly to offset an equity swap that effectively provided the fund with exposure to 12 million Wyeth shares, according to the SAC documents. An equity swap mimics ordinary shares and gives investors like hedge funds the benefits of stock ownership without actually owning the shares. Funds often use these complex derivatives to accumulate a large position but not tip off the market.

When government officials announced the case against Mr. Martoma, they made no mention of the swap. Instead, they emphasized how SAC had jettisoned its Elan and Wyeth shares and then brazenly accumulated short positions in both companies.

“The charges unsealed today describe cheating — coming and going,” Preet Bharara, the United States attorney in Manhattan, said in opening remarks during the press conference. “Specifically, insider trading first on the long side, and then on the short side.”

The government noted the swap position in its court papers, but did not factor it into SAC’s overall gains and losses in Elan and Wyeth. Because SAC did not trade the Wyeth swap, instead leaving the position in place, it could not be part of any insider trading charge.

Representatives for the United States attorney’s office and the S.E.C. declined to comment. An SAC spokesman declined to comment, as did Charles A. Stillman, the lawyer for Mr. Martoma.

Prosecutors have built their case against Mr. Martoma by securing the cooperation of Dr. Sidney Gilman, a neurology professor who ostensibly leaked to him the confidential data about the drug being jointly developed by Elan and Wyeth. The companies hired Dr. Gilman to oversee the clinical trials. SAC paid Dr. Gilman about $108,000 as a consultant.

The government said that Mr. Cohen’s fund accumulated a roughly $700 million combined stake in Elan and Wyeth based on Mr. Martoma’s recommendation. SAC’s equity swap with respect to Wyeth, however, added $566 million in exposure.

On Thursday, July 17, 2008, as the drug trials neared completion, Dr. Gilman told Mr. Martoma that patients were experiencing serious side effects, the government said. Three days later, on a Sunday, with the markets closed, Mr. Martoma had the 20-minute conversation with Mr. Cohen, according to telephone records cited in the criminal complaint. Prosecutors said that Mr. Martoma told his boss that he was no longer “comfortable” with the investments.

On Monday morning, July 21, at Mr. Cohen’s direction, SAC’s head trader began selling the fund’s 10.5 million shares of Elan and 7.1 million shares of Wyeth. By July 29 — the day that the companies announced the trial results — SAC had not only sold out of its Elan and Wyeth holdings but also established short positions in the stocks. SAC was short about 4.5 million shares of Elan and 3.3 million shares of Wyeth. The fund also purchased a small number of Elan put options, a bet that the company’s shares would decline.

The 12 million-share equity swap position in Wyeth, however, counterbalanced the short exposure. SAC was short 4.5 million shares of Elan but, taking the swap into account, effectively long about 8.7 million shares of Wyeth. On July 30, the first trading day after the companies disclosed the negative trial results, Elan’s stock fell about 42 percent and Wyeth’s stock dropped about 12 percent.

Federal prosecutors said that SAC’s trading ahead of the announcement allowed the fund to avoid $194 million in losses by exiting the Elan and Wyeth positions, and then also earn about $83 million on the short trades. But SAC also had paper losses of about $70 million on its Wyeth swap, almost entirely negating any gains from the short sales.

While such details would seem to contradict how authorities have described the trading, prosecutors could argue that SAC had little choice but to leave the swaps in place, and that was part of the strategy to trade on inside information. That is because selling a swap would be difficult to do without attracting attention in the marketplace. If SAC had sold its swaps, it would have had to notify the Wall Street bank that it entered into the swap transaction with and, in turn, the bank’s trader would have most likely sold the shares on the open market.

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Noted sniper shot dead at Texas gun range

GLEN ROSE, Texas—

Former Navy SEAL and “American Sniper” author Chris Kyle was fatally shot along with another man Saturday on a Texas gun range, a sheriff told local newspapers.

Erath County Sheriff Tommy Bryant said Kyle, 38, and a second man were found dead at Rough Creek Lodge's shooting range west of Glen Rose, according to the Fort Worth Star-Telegram and Stephenville Empire-Tribune. Glen Rose is about 50 miles southwest of Fort Worth.

Bryant did not immediately return phone calls to The Associated Press seeking comment late Saturday and early Sunday. A woman who answered the phone at the lodge where the shooting occurred declined comment and referred calls to the sheriff's office.

Investigators did not immediately release the name of the second victim, according to the newspapers.

Witnesses told sheriff's investigators that a gunman opened fire on the men around 3:30 p.m. Saturday, then fled in a pickup truck belonging to one of the victims, according to the Star-Telegram. The newspapers said a 25-year-old man was later taken into custody in Lancaster, southeast of Dallas, and that charges were expected.

Lancaster police did not immediately return calls for comment.

The motive for the shooting was unclear.

Kyle wrote the best-selling book, “American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History,” detailing his 150-plus kills of insurgents from 1999 to 2009.

Kyle was sued by former Minnesota Gov. Jesse Ventura over a portion of the book that claims Kyle punched Ventura in a 2006 bar fight over unpatriotic remarks. Ventura says the punch never happened and that the claim by Kyle defamed him.

Kyle had asked that Ventura's claims of invasion of privacy and “unjust enrichment” be dismissed, saying there was no legal basis for them. But a federal judge said the lawsuit should proceed. Both sides were told to be ready for trial by Aug. 1.

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Mark Wahlberg, Ted to Present at Oscars

LOS ANGELES (TheWrap.com) – Mark Wahlberg and his teddy bear co-star “Ted” will be presenters at the Oscars, the telecast producers announced Friday morning.

The duo, stars in Oscar host Seth MacFarlane‘s comedy about a man trying to turn his immature, hedonistic lifestyle around for a woman he is dating. His indulgent teddy bear, the eponymous Ted, proves to be an obstacle in that transformation.

The film is now the highest-grossing R-rated movie of all time.

“We are happy to make it possible for Mark and Ted to make their debut appearance on the Oscar stage,” Craig Zadan and Neil Meron, the show’s producers, said in a statement. “And we won’t deny that Ted used his pull with our host to get himself the booking.”

Wahlberg has twice been nominated for Academy Awards, in 2006 for his supporting role in “The Departed,” and in 2010 as a producer of the Best Picture nominee “The Fighter.”

Wahlberg and the MacFarlane-voiced Ted share the stage with a star-studded list of Oscar performers, including singers Adele, Norah Jones and Barbra Streisand. The Oscars will be broadcast on February 24 from the Dolby Theatre at Hollywood & Highland Center.

“I’m excited to present an Oscar with Mark Wahlberg,” Ted said in the statement. “I’m spending the next month learning to pronounce ‘Quvenzhané.’”

TV News Headlines – Yahoo! News

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Concerns About A.D.H.D. Practices and Amphetamine Addiction

Before his addiction, Richard Fee was a popular college class president and aspiring medical student. "You keep giving Adderall to my son, you're going to kill him," said Rick Fee, Richard's father, to one of his son's doctors.

VIRGINIA BEACH — Every morning on her way to work, Kathy Fee holds her breath as she drives past the squat brick building that houses Dominion Psychiatric Associates.

Andrea Mohin/The New York Times

MENTAL HEALTH CLINIC Dominion Psychiatric Associates in Virginia Beach, where Richard Fee was treated by Dr. Waldo M. Ellison. After observing Richard and hearing his complaints about concentration, Dr. Ellison diagnosed attention deficit hyperactivity disorder and prescribed the stimulant Adderall.

It was there that her son, Richard, visited a doctor and received prescriptions for Adderall, an amphetamine-based medication for attention deficit hyperactivity disorder. It was in the parking lot that she insisted to Richard that he did not have A.D.H.D., not as a child and not now as a 24-year-old college graduate, and that he was getting dangerously addicted to the medication. It was inside the building that her husband, Rick, implored Richard’s doctor to stop prescribing him Adderall, warning, “You’re going to kill him.”

It was where, after becoming violently delusional and spending a week in a psychiatric hospital in 2011, Richard met with his doctor and received prescriptions for 90 more days of Adderall. He hanged himself in his bedroom closet two weeks after they expired.

The story of Richard Fee, an athletic, personable college class president and aspiring medical student, highlights widespread failings in the system through which five million Americans take medication for A.D.H.D., doctors and other experts said.

Medications like Adderall can markedly improve the lives of children and others with the disorder. But the tunnel-like focus the medicines provide has led growing numbers of teenagers and young adults to fake symptoms to obtain steady prescriptions for highly addictive medications that carry serious psychological dangers. These efforts are facilitated by a segment of doctors who skip established diagnostic procedures, renew prescriptions reflexively and spend too little time with patients to accurately monitor side effects.

Richard Fee’s experience included it all. Conversations with friends and family members and a review of detailed medical records depict an intelligent and articulate young man lying to doctor after doctor, physicians issuing hasty diagnoses, and psychiatrists continuing to prescribe medication — even increasing dosages — despite evidence of his growing addiction and psychiatric breakdown.

Very few people who misuse stimulants devolve into psychotic or suicidal addicts. But even one of Richard’s own physicians, Dr. Charles Parker, characterized his case as a virtual textbook for ways that A.D.H.D. practices can fail patients, particularly young adults. “We have a significant travesty being done in this country with how the diagnosis is being made and the meds are being administered,” said Dr. Parker, a psychiatrist in Virginia Beach. “I think it’s an abnegation of trust. The public needs to say this is totally unacceptable and walk out.”

Young adults are by far the fastest-growing segment of people taking A.D.H.D medications. Nearly 14 million monthly prescriptions for the condition were written for Americans ages 20 to 39 in 2011, two and a half times the 5.6 million just four years before, according to the data company I.M.S. Health. While this rise is generally attributed to the maturing of adolescents who have A.D.H.D. into young adults — combined with a greater recognition of adult A.D.H.D. in general — many experts caution that savvy college graduates, freed of parental oversight, can legally and easily obtain stimulant prescriptions from obliging doctors.

“Any step along the way, someone could have helped him — they were just handing out drugs,” said Richard’s father. Emphasizing that he had no intention of bringing legal action against any of the doctors involved, Mr. Fee said: “People have to know that kids are out there getting these drugs and getting addicted to them. And doctors are helping them do it.”

“...when he was in elementary school he fidgeted, daydreamed and got A’s. he has been an A-B student until mid college when he became scattered and he wandered while reading He never had to study. Presently without medication, his mind thinks most of the time, he procrastinated, he multitasks not finishing in a timely manner.”

Dr. Waldo M. Ellison

Richard Fee initial evaluation

Feb. 5, 2010

Richard began acting strangely soon after moving back home in late 2009, his parents said. He stayed up for days at a time, went from gregarious to grumpy and back, and scrawled compulsively in notebooks. His father, while trying to add Richard to his health insurance policy, learned that he was taking Vyvanse for A.D.H.D.

Richard explained to him that he had been having trouble concentrating while studying for medical school entrance exams the previous year and that he had seen a doctor and received a diagnosis. His father reacted with surprise. Richard had never shown any A.D.H.D. symptoms his entire life, from nursery school through high school, when he was awarded a full academic scholarship to Greensboro College in North Carolina. Mr. Fee also expressed concerns about the safety of his son’s taking daily amphetamines for a condition he might not have.

“The doctor wouldn’t give me anything that’s bad for me,” Mr. Fee recalled his son saying that day. “I’m not buying it on the street corner.”

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Iceland, Prosecutor of Bankers, Sees Meager Returns

Ilvy Njiokiktjien for The New York Times

"Greed is not a crime. But the question is: where does greed lead?" said Olafur Hauksson, a special prosecutor in Reykjavik.

REYKJAVIK, Iceland — As chief of police in a tiny fishing town for 11 years, Olafur Hauksson developed what he thought was a basic understanding of the criminal mind. The typical lawbreaker, he said, recalling his many encounters with small-time criminals, “clearly knows that he crossed the line” and generally sees “the difference between right and wrong.”

Today, the burly, 48-year-old former policeman is struggling with a very different sort of suspect. Reassigned to Reykjavik, the Icelandic capital, to lead what has become one of the world’s most sweeping investigation into the bankers whose actions contributed to the global financial crisis in 2008, Mr. Hauksson now faces suspects who “are not aware of when they crossed the line” and “defend their actions every step of the way.”

With the global economy still struggling to recover from the financial maelstrom five years ago, governments around the world have been criticized for largely failing to punish the bankers who were responsible for the calamity. But even here in Iceland, a country of just 320,000 that has gone after financiers with far more vigor than the United States and other countries hit by the crisis, obtaining criminal convictions has proved devilishly difficult.

Public hostility toward bankers is so strong in Iceland that “it is easier to say you are dealing drugs than to say you’re a banker,” said Thorvaldur Sigurjonsson, the former head of trading for Kaupthing, a once high-flying bank that crumbled. He has been called in for questioning by Mr. Hauksson’s office but has not been charged with any wrongdoing.

Yet, in the four years since the Icelandic Parliament passed a law ordering the appointment of an unnamed special prosecutor to investigate those blamed for the country’s spectacular meltdown in 2008, only a handful of bankers have been convicted.

Ministers in a left-leaning coalition government elected after the crash agree that the wheels of justice have ground slowly, but they call for patience, explaining that the process must follow the law, not vengeful passions.

“We are not going after people just to satisfy public anger,” said Steingrimur J. Sigfusson, Iceland’s minister of industry, a former finance minister and leader of the Left-Green Movement that is part of the governing coalition.

Hordur Torfa, a popular singer-songwriter who helped organize protests that forced the previous conservative government to resign, acknowledged that “people are getting impatient” but said they needed to accept that “this is not the French Revolution. I don’t believe in taking bankers out and hanging them or shooting them.”

Others are less patient. “The whole process is far too slow,” said Thorarinn Einarsson, a left-wing activist. “It only shows that ‘banksters’ can get away with doing whatever they want.”

Mr. Hauksson, the special prosecutor, said he was frustrated by the slow pace but thought it vital that his office scrupulously follow legal procedure. “Revenge is not something we want as our main driver in this process. Our work must be proper today and be seen as proper in the future,” he said.

Part of the difficulty in prosecuting bankers, he said, is that the law is often unclear on what constitutes a criminal offense in high finance. “Greed is not a crime,” he noted. “But the question is: where does greed lead?”

Mr. Hauksson said it was often easy to show that bankers violated their own internal rules for lending and other activities, but “as in all cases involving theft or fraud, the most difficult thing is proving intent.”

And there are the bankers themselves. Those who have been brought in for questioning often bristle at being asked to account for their actions. “They are not used to being questioned. These people are not used to finding themselves in this situation,” Mr. Hauksson said. They also hire expensive lawyers.

The special prosecutor’s office initially had only five staff members but now has more than 100 investigators, lawyers and financial experts, and it has relocated to a big new office. It has opened about 100 cases, with more than 120 people now under investigation for possible crimes relating to an Icelandic financial sector that grew so big it dwarfed the rest of the economy.

To help ease Mr. Hauksson’s task, legislators amended the law to allow investigators easy access to confidential bank information, something that previously required a court order.

Parliament also voted to put the country’s prime minister at the time of the banking debacle on trial for negligence before a special tribunal. (A proposal to try his cabinet failed.) Mr. Hauksson was not involved in the case against the former leader, Geir H. Haarde, who last year was found guilty of failing to keep ministers properly informed about the 2008 crisis but was acquitted on more serious charges that could have resulted in a prison sentence.

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