Retired barber charged in fatal shooting of Newport Beach doctor















































Prosecutors have filed charges against a 75-year-old man who is accused of murdering his urologist during an appointment in Newport Beach.


Stanwood Fred Elkus of Lake Elsinore has been charged with one felony count of special circumstances murder by lying in wait and a sentencing enhancement for the personal use of a firearm causing death, according to the Orange County district attorney’s office.


Prosecutors say Elkus, a retired barber, arrived for an appointment at his doctor’s office Monday afternoon and waited in an exam room until Ronald Gilbert entered.








Elkus is accused of shooting Gilbert several times in the upper body, according to prosecutors and police.


Other doctors heard the shots and attempted to revive Gilbert, prosecutors said. Elkus gave his gun to a staff member in the office and was arrested without incident, they said.


Elkus, who is being held at the Orange County jail on no bail, was expected in court Wednesday.






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Court Upholds Conviction in Dead Sea Scrolls E-Mail Impersonation Case



A New York appeals panel is upholding the e-mail impersonation conviction of the son of a famous Dead Sea Scrolls scholar — setting aside contentions that the e-mails were constitutionally protected satiric hoaxes or pranks.


Defendant Raphael Golb, who was sentenced to six months, is the son of historian Norman Golb. The younger Golb, unhappy with scholastic attacks on his father’s research, faked e-mails of his father’s vocal rivals, sent them to New York University and University of California, Los Angeles administrators, faculty and even some students. One of those impersonating e-mails portrayed a rival scholar as admitting “plagiarism” in his own work.


But the appeals court found Tuesday that the younger Golb’s First Amendment rights were not breached.


“Defendant was not prosecuted for the content of any of the emails, but only for giving the false impression that his victims were the actual authors of the e-mails. The First Amendment protects the right to criticize another person, but it does not permit anyone to give an intentionally false impression that the source of the message is that other person,” the court ruled.


The court added: “The statutes criminalized the act of impersonation and its unlawful intent, not the content of speech falsely imputed to the victims.”


Eugene Volokh, a UCLA legal scholar, wrote that the conviction was reasonable.


“To be sure, that usually leads to civil liability, but nothing in the court’s decision suggests that criminal liability in such cases is impermissible, especially when the law is limited to relatively clearly identifiable falsehoods, such as falsely claiming to be someone you are not,” he said.


The appeals panel upheld 29 of the 30 charges against the younger Golb.


Ron Kuby, the defendant’s attorney, said he would appeal the decision to New York’s top court.


He said he client was prosecuted under New York fraud statutes that were written before the internet was born.


“They are saying anybody who writes under an assumed name on the internet can be prosecuted, if they decide to prosecute,” Kuby said in a telephone interview. “That’s an abomination of the First Amendment.”


The defendant’s sentence has been stayed pending the resolution of his appeals.



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Musical comedy “The Sapphires” sparkles at Aussie Oscars






SYDNEY (Reuters) – Home-grown romantic musical comedy “The Sapphires” shone at Australia‘s film industry awards on Wednesday, picking up best film and lead acting trophies for Deborah Mailman and “Bridesmaids” star Chris O’Dowd.


Awards host Russell Crowe, an Oscar winner for “Gladiator,” led a star-studded evening whose theme was pride in Australia’s outsized success on the international film stage.






“The Australian academy may be small but over the years we have won more than 60 BAFTAs and Oscars,” said Crowe at the second annual Australian Academy of Cinema and Television Arts awards, affectionately known as the “Aussie Oscars.”


Cate Blanchett, Nicole Kidman and Jeffrey Rush were all on hand for the event at Sydney’s Star casino, leading guest presenter Jeremy Renner to joke: “You can’t throw a bottle out the window in Hollywood without hitting an Australian.”


The Sapphires, a possibility for next year’s Oscars, tells the story of four women from a remote Aboriginal mission who are catapulted on to the world stage as Australia’s answer to the Supremes when a kind-hearted manager, played by O’Dowd, hears their powerful voices and sends them to entertain troops in Vietnam.


“Films find their way because of a certain strength,” Kidman told Reuters. “The Sapphires is such a unique story and it’s great music and great talent.”


Director Wayne Blair’s debut film also won for direction, cinematography, editing, best production design, costume design and sound.


Best Young Actor went to Saskia Rosendahl for her role in the Australian-German film “Lore”, about a teenage girl who leads her younger siblings across Germany at the end of World War Two. Rosendahl was just 17 when the film was made.


The awards weren’t without controversy after the director of “Bait”, the 3D shark-in-a-supermarket horror-comedy that was Australia’s highest grossing film internationally last year, accused the academy of snubbing his movie.


While The Sapphires was Australia’s top-grossing film domestically, with more than A$ 14 million ($ 14.63 million) in ticket sales, Bait snagged more than $ 41.8 million worldwide, more than half of that in China.


“It was never going to get best film or best director, but how can the cinematography, the visual effects, the editing, the sound design, the production design – we built a supermarket and put it underwater, for goodness’ sake – be overlooked?” said Kimble Rendall to the Sydney Morning Herald.


Prior to last year, the awards were known as the Australian Film Industry (AFI) awards.


($ 1 = 0.9566 Australian dollars)


(Reporting By Jane Wardell, editing by Elaine Lies)


TV News Headlines – Yahoo! News





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The Consumer: The Drug-Dose Gender Gap

Most sleeping pills are designed to knock you out for eight hours. When the Food and Drug Administration was evaluating a new short-acting pill for people to take when they wake up in the middle of the night, agency scientists wanted to know how much of the drug would still be in users’ systems come morning.

Blood tests uncovered a gender gap: Men metabolized the drug, Intermezzo, faster than women. Ultimately the F.D.A. approved a 3.5 milligram pill for men, and a 1.75 milligram pill for women.

The active ingredient in Intermezzo, zolpidem, is used in many other sleeping aids, including Ambien. But it wasn’t until earlier this month that the F.D.A. reduced doses of Ambien for women by half.

Sleeping pills are hardly the only medications that may have unexpected, even dangerous, effects in women. Studies have shown that women respond differently than men to many drugs, from aspirin to anesthesia. Researchers are only beginning to understand the scope of the issue, but many believe that as a result, women experience a disproportionate share of adverse, often more severe, side effects.

“This is not just about Ambien — that’s just the tip of the iceberg,” said Dr. Janine Clayton, director for the Office of Research on Women’s Health at the National Institutes of Health. “There are a lot of sex differences for a lot of drugs, some of which are well known and some that are not well recognized.”

Until 1993, women of childbearing age were routinely excluded from trials of new drugs. When the F.D.A. lifted the ban that year, agency researchers noted that because landmark studies on aspirin in heart disease and stroke had not included women, the scientific community was left “with doubts about whether aspirin was, in fact, effective in women for these indications.”

Because so many drugs were tested mostly or exclusively in men, scientists may know little of their effects on women until they reach the market. A Government Accountability Office study found that 8 of 10 drugs removed from the market from 1997 through 2000 posed greater health risks to women.

For example, Seldane, an antihistamine, and the gastrointestinal drug Propulsid both triggered a potentially fatal heart arrhythmia more often in women than in men. Many drugs still on the market cause this arrhythmia more often in women, including antibiotics, antipsychotics, anti-malarial drugs and cholesterol-lowering drugs, Dr. Clayton said. Women also tend to use more medications than men.

The sex differences cut both ways. Some drugs, like the high blood pressure drug Verapamil and the antibiotic erythromycin, appear to be more effective in women. On the other hand, women tend to wake up from anesthesia faster than men and are more likely to experience side effects from anesthetic drugs, according to the Society for Women’s Health Research.

Women also react differently to alcohol, tobacco and cocaine, studies have found.

It’s not just because women tend to be smaller than men. Women metabolize drugs differently because they have a higher percentage of body fat and experience hormonal fluctuations and the monthly menstrual cycle. “Some drugs are more water-based and like to hang out in the blood, and some like to hang out in the fat tissue,” said Wesley Lindsey, assistant professor of pharmacy practice at Auburn University, who is a co-author of a paper on sex-based differences in drug activity.

“If the drug is lipophilic” — attracted to fat cells — “it will move into those tissues and hang around for longer,” Dr. Lindsey added. “The body won’t clear it as quickly, and you’ll see effects longer.”

There are also sex differences in liver metabolism, kidney function and certain gastric enzymes. Oral contraceptives, menopause and post-menopausal hormone treatment further complicate the picture. Some studies suggest, for example, that when estrogen levels are low, women may need higher doses of drugs called angiotensin receptor blockers to lower blood pressure, because they have higher levels of proteins that cause the blood vessels to constrict, said Kathryn Sandberg, director of the Center for the Study of Sex Differences in Health, Aging and Disease at Georgetown.

Many researchers say data on these sex differences must be gathered at the very beginning of a drug’s development — even before trials on human subjects begin.

“The path to a new drug starts with the basic science — you study an animal model of the disease, and that’s where you discover a drug target,” Dr. Sandberg said. “But 90 percent of researchers are still studying male animal models of the disease.”

There have been improvements. In an interview, Dr. Robert Temple, with the Center for Drug Evaluation and Research at the F.D.A., said the agency’s new guidelines in 1993 called for studies of sex differences at the earliest stages of drug development, as well as for analysis of clinical trial data by sex.

He said early research on an irritable bowel syndrome drug, alosetron (Lotronex), suggested it would not be effective in men. As a result, only women were included in clinical trials, and it was approved only for women. (Its use is restricted now because of serious side effects.)

But some scientists say drug metabolism studies with only 10 or 15 subjects are too small to pick up sex differences. Even though more women participate in clinical trials than in the past, they are still underrepresented in trials for heart and kidney disease, according to one recent analysis, and even in cancer trials.

“The big problem is we’re not quite sure how much difference this makes,” Dr. Lindsey said. “We just don’t have a good handle on it.”


Readers may submit comments or questions for The Consumer by e-mail to consumer@nytimes.com.

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Nintendo Warns of Weak Wii U Sales







TOKYO — Nintendo said Wednesday that it expected to sell far fewer units of its Wii U game console than it had anticipated, reducing the sales outlook for its flagship device just two months after its release.




Nintendo has a lot riding on the Wii U, the successor to the Wii, which revolutionized the gaming industry six years ago with a casual approach that brought video games to new audiences. The company is banking on the Wii U to revive its fortunes after the disappointing introduction in 2011 of its hand-held gaming machine, the 3DS, which prompted the company to sharply reduce its price to stoke demand.


Nintendo executives had also said the Wii U would prove that dedicated game systems still had a future in a world now teeming with less expensive, more convenient mobile games played on smartphones and tablets.


The latest numbers from Nintendo are not promising. The company said that it had sold 3.06 million Wii U games and that it expected sales to hit just 4 million units through March, almost 30 percent less than a previous projection of 5.5 million.


Nintendo also downgraded its 3DS sales expectations, saying that it would sell 15 million units through March instead of its previous forecast of 17.5 million units, and that it expected to sell fewer games.


“Nintendo needs a change in strategy,” said Michael Pachter, a gaming research analyst for Wedbush Securities, a Los Angeles-based investment firm. He said Nintendo had botched the Wii U design — a touch screen used together with a television — and the device was unimpressive for core gamers and baffling for casual ones.


Nintendo executives needed to restructure the company so it would continue to be profitable even with lower hardware sales, Mr. Pachter said. He also said the company should considering developing smartphone games, a move Nintendo has resisted.


“Smartphones and tablets are nibbling away at the edges of the market for games,” he said. “If they can’t beat it, they should consider making money off it. Why can’t Mario be on the smartphone?”


Still, Nintendo has returned to profitability for the first nine months of its business year, largely thanks to the weakening of the yen. That lowers the costs of Japanese exporters and bolsters their earnings.


Nintendo’s profit for the April-to-December period came to ¥14.55 billion, or $160 million, compared with a loss of ¥48.35 billion a year earlier, the company said in an earnings announcement that painted a mixed picture of its prospects.


The company raised its profit forecast for the business year through March to ¥14 billion from ¥6 billion. Nintendo does not break out quarterly results.


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Egyptian general warns against continued unrest









CAIRO — Egypt’s top military commander warned President Mohamed Morsi and opposition parties Tuesday to end days of bloodshed and unrest before the nation slides into chaos that may jeopardize the economy and “lead to the collapse of the state.”


The ominous statement from Gen. Abdel Fattah Sisi signaled that the military, which ruled Egypt for months before Morsi was elected in June, wanted to quickly stem an uprising against the Islamist-led government. At least 52 people have died in riots since Friday.


“The continuing conflict between political forces and their differences concerning the management of the country could lead to a collapse of the state and threaten future generations,” Sisi said on the army’s Facebook page. He added that political turmoil and attacks on state targets were a “real threat to the security of Egypt.”





Despite its much criticized rule, marked by political repression and human rights violations, the military is largely revered. It is regarded by many Egyptians as the single stabilizing force across a spectrum of failed institutions and Morsi’s authoritarian moves to consolidate the Muslim Brotherhood’s grip on power.


It did not appear the army was preparing to seize control of the country. The generals’ tenure running the government after the February 2011 toppling of Hosni Mubarak left them bitter and tainted the military’s reputation, especially after crackdowns on demonstrators. The army prefers playing behind-the-scenes power broker.


The statement, though, suggested the military was losing patience with protesters and questioning Morsi’s ability to contain the crisis. The army has been loyal to the president; Morsi supported a new constitution that gives the generals wide autonomy. But the Islamist president has been unable to sway protesters or the opposition away from conflict.


The military did not clarify how it “might interfere in coming days,” said Talaat Mosallam, a retired major general and security analyst. “Their experience before in politics was not a comfortable one. But their feeling that the political powers might be losing control compelled them to issue a statement.”


Troops have been deployed and given emergency arrest powers to guard public buildings and shipping docks in the vital coastal cities of Suez, Port Said and Ismailia. Ports in those towns serve the Suez Canal, whose stability is a potent economic symbol for foreign capitals and investors.


Violence and protests eased a bit on Tuesday. However, clashes between rock-throwing youths and police rumbled at the edges of Tahrir Square in Cairo. Unrest continued Suez and Port Said, where protesters defied curfews and the government had lost control amid burned police stations and well-armed residents.


The main opposition coalition, the National Salvation Front, has rejected Morsi’s call for political talks. The organization, headed by reformers, including Nobel Peace Prize laureate Mohamed ElBaradei, has accused the president and the Muslim Brotherhood of hijacking the revolution that overthrew Mubarak.


But the opposition’s influence on the streets is questionable. Many protesters criticize it as disorganized, divided and unable to articulate a galvanizing message. The opposition epitomizes a major shortcoming of the revolution: the absence of a charismatic figure capable of bridging political differences and fixing the economy.


The military’s statement highlighted the failure of the Interior Ministry, which controls the nation’s police forces, to keep order. The ministry backed Mubarak’s 30 years of repressive rule and lacks the reforms to gain the confidence of Egyptians. It is mistrusted by the Muslim Brotherhood, whose members for decades were persecuted and tortured by police.


The unrest has been further complicated by disparate interests converging around a protest movement. Peaceful demonstrations have often been overshadowed by young men and boys hurling stones and firebombs at police. Soccer fans, known as Ultras, have acted as shock troops. Looters and gunmen roam cities.


More recently an anarchist group calling itself the Black Bloc has battled security forces along barricades leading to the parliament. The country’s general prosecutor Tuesday called it a terrorist organization after the ransacking of the lobby in the Intercontinental Hotel near Tahrir Square. The Black Bloc denied it was involved.


Frightened hotel workers sent out tweets, including one that read: “SOS If anyone knows anyone in #Military #Police #Government, please send help! Thugs in Lobby.”


Hesham Abdel-Wahab, a hotel security guard, told the Ahram Online news website: “We called the police and requested they send forces. But when I spoke to the police, they just continued to ask me for my name. They were very hesitant. I kept saying to them that my name doesn't matter, we were under attack.”


ALSO:


Russian skywalkers look upward for escape


Bodies found in Mexico may be those of missing band


Controversial Spanish doctor testifies in huge sports doping trial


Special correspondent Reem Abdellatif contributed to this report.





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Game|Life Weekly: This Week's New Games Resurrect the Classics















Happy Tuesday! On this week’s rundown of the latest game releases, we take a look at a new game with a classic design, and a just-plain-old game that you can buy again for pennies on the dollar.


We’ve talked a lot about Skulls of the Shogun here on Game|Life — I’ve known its creative director Jake Kazdal for quite a while, and it’s had a lot of time in the media spotlight prior to its impending release on Wednesday, January 30. But the strategy game from 17-Bit is almost here now, so we’re taking one last look at it for those of you who still don’t know what it is.


Similarly, you probably also know about Balloon Fight, that old classic NES game with the wonderful soundtrack, but did you know you can buy it for Wii U this month for only 30 cents? Now you have no excuse.






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Clinton coy about political future in joint interview with Obama






WASHINGTON (Reuters) – Outgoing U.S. Secretary of State Hillary Clinton sidestepped questions about whether she would run for president in 2016 in a CBS television interview done jointly with President Barack Obama, her rival in the 2008 race.


Clinton, 65, denied there were any political tea leaves to read in the unusual joint interview for the CBS show “60 Minutes,” and acknowledged that she still has “some lingering effects” from a recent concussion and blood clot that she said doctors expect to disappear over time.






“The president and I care deeply about what’s going to happen for our country in the future. And I don’t think, you know, either he or I can make predictions about what’s going to happen tomorrow, or the next year,” Clinton said, according to a transcript of the interview, which was taped at the White House on Friday and aired on Sunday.


Obama beat Clinton in a bitter Democratic primary campaign to run for president in 2008. He surprised many by choosing her as his secretary of state, a job she said she initially turned down.


Clinton traveled to a record 112 countries as secretary of state. She has said she wants to take a break from public life, but has not said she will retire.


Democratic Senator John Kerry, who unsuccessfully ran for president in 2004, is expected to be confirmed as Obama’s new secretary of state as early as this week.


After Obama heaped praise on Clinton’s diplomatic achievements, he chided the show’s host, Steve Kroft, who asked about “the date of expiration on this endorsement” of Clinton.


“You guys in the press are incorrigible. I was literally inaugurated four days ago. And you’re talking about elections four years from now,” Obama said.


‘LINGERING EFFECTS’ FROM FALL


Clinton has been in the public eye for 34 years, since her husband, former President Bill Clinton, was governor of Arkansas.


Her cautious answer about her future on Sunday was less definitive than one she gave in an ABC interview in December, when she said in reference to another bid for the presidency: “I’ve said I really don’t believe that that’s something I will do again.”


Many Democrats hope that Clinton will run in 2016. Vice President Joe Biden‘s name has also been frequently mentioned among Democrats. He has said he has not decided whether to run.


Clinton also addressed a recent health issue: a concussion and blood clot that sent her to the hospital.


“The doctors tell me that that will all recede. And so thankfully I’m, you know, looking forward to being at full speed,” she said.


She said she had since been wearing glasses instead of contact lenses because of “lingering effects” from the concussion “that are decreasing, and will disappear.”


Clinton returned from a European tour on December 7 suffering from a stomach virus. On December 15, the State Department announced she had become dehydrated, fainted and suffered a concussion.


During a check-up afterwards, she was diagnosed with the blood clot, hospitalized and treated with blood thinners.


(Additional reporting by Paul Eckert; Editing by David Brunnstrom)


TV News Headlines – Yahoo! News





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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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DealBook: R.B.S. Stock Drops Amid Concerns of Potential Guilty Plea in Libor Case

Shares of the Royal Bank of Scotland stumbled on Tuesday after it emerged that federal authorities are pursuing a guilty plea against an Asian subsidiary at the center of an interest rate manipulation scandal.

Following a template developed in last year’s rare-rigging case against UBS, the Justice Department is pushing for the criminal action against the Royal Bank of Scotland, along with fines and penalties, according to two people with knowledge of the matter. The case could come as soon as next week.

The R.B.S. settlement is likely to include more than $650 million in fines levied by the American and British authorities, according to two other people with direct knowledge of the matter. At that level, the penalties would be the second largest settlement in the rate manipulation case after a $1.5 billion agreement with the Swiss bank UBS last month. Barclays paid $450 million last summer.

The Justice Department’s criminal division, which is pushing for a guilty plea with the Asian subsidiary of the Royal Bank of Scotland, could also strike a nonprosecution agreement with the parent company.

The threat of charges against the subsidiary weighed on the stock. After The Wall Street Journal reported on the potential guilty plea, the bank’s stock dropped 6 percent by the close of trading in London on Tuesday.

The settlement terms are not yet final. In particular, the Royal Bank of Scotland — which is 82 percent owned by British taxpayers after receiving a multibillion-dollar government bailout during the financial crisis — is resisting the guilty plea for the Asian subsidiary, fearful of the potential fallout. The bank, however, lacks leverage with the Justice Department, which can indict the subsidiary if it resists the guilty plea. An indictment would deliver a harsher blow to the bank and potentially set up a protracted legal battle.

“Discussions with various authorities” in the case “are ongoing,” said an RBS spokesman, adding that “we continue to cooperate fully with their investigations.”

The bank, which is based in Edinburgh, is also expected to cut its bonus pool by up to one third, or around $240 million, as it claws back funds to pay for the pending Libor settlement, according to a person with direct knowledge of the matter. A decision on bonuses has not been made, and the final figure will be released on Feb. 28 when the bank reports its next earnings.

“There is a legitimate concern that British taxpayers, who already have bailed out the bank, will be asked to pay for past mistakes at R.B.S.,” said Pat McFadden, a British politician who is a member of the British parliament’s treasury select committee that oversees the country’s finance industry. “Steps should be taken to minimize the exposure for taxpayers.”

Several senior RBS executives, including John Hourican, who runs the firm’s investment banking unit where the alleged illegal activity took place, are expected to step down amid the Libor scandal, though they have not been directly implicated in the matter, according to another person with direct knowledge of the matter.

The negotiations between R.B.S. and the regulators reflect the Justice Department’s aggressive new posture, as they look to hold banks responsible for wrongdoing in the rate rigging case. The wave of action has centered on the London interbank offered rate, or Libor, and other key international benchmark rates, which are central to determining the borrowing costs for trillions of dollars of financial products like corporate loans and credit cards. Banks are suspected of reporting false rates to squeeze out an extra profit and, in some cases, to deflect concerns about their financial health during the financial crisis.

Last month, the Justice Department secured a guilty plea against the Japanese subsidiary of UBS in a rate manipulation case. UBS also paid $1.5 billion in fines to the Justice Department, the Commodity Futures Trading Commission, the Financial Services Authority, the British regulator and Swiss authorities.

The deal with UBS sent a strong signal that authorities wanted to hold banks responsible for their wrongdoing. But it also limited the potential damage to the Swiss bank. By securing a guilty plea against a subsidiary, it sheltered the parent company from losing its charter to operate or other major repercussions.

“We are holding those who did wrong accountable,” Lanny A. Breuer, the head of the Justice Department’s criminal division, said at a news conference in December on the UBS case. “We cannot, and we will not, tolerate misconduct on Wall Street.”

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