Sources: BP to pay record fine for Gulf Coast disaster

HOUSTON/WASHINGTON (Reuters) - BP Plc is expected to pay a record U.S. criminal penalty and plead guilty to criminal misconduct in the 2010 Deepwater Horizon disaster through a plea deal reached with the Department of Justice (DoJ) that may be announced as soon as Thursday, according to sources familiar with discussions.

Three sources, who spoke to Reuters on condition of anonymity, said BP would plead guilty in exchange for a waiver of future prosecution on the charges.

BP confirmed it was in "advanced discussions" with the DoJ and the Securities & Exchange Commission (SEC).

The talks were about "proposed resolutions of all U.S. federal government criminal and SEC claims against BP in connection with the Deepwater Horizon incident," it said in a statement on Thursday, but added that no final agreements had been reached.

The discussion do not cover federal civil claims, both BP and the sources said.

London-based oil giant BP has been locked in months-long negotiations with the U.S. government and Gulf Coast states to settle billions of dollars of potential civil and criminal liability claims resulting from the April 20, 2010, explosion aboard the Deepwater Horizon rig.

The sources did not disclose the amount of BP's payment, but one said it would be the largest criminal penalty in U.S. history. That record is now held by Pfizer Inc, which paid a $1.3 billion fine in 2009 for marketing fraud related to its Bextra pain medicine.

The DoJ declined to comment.

The deal could resolve a significant share of the liability that BP faces after the explosion killed 11 workers and fouled the shorelines of four Gulf Coast states in the worst offshore spill in U.S. history. BP, which saw its market value plummet and replaced its CEO in the aftermath of the spill, still faces economic and environmental damage claims sought by U.S. Gulf Coast states and other private plaintiffs.

The fine would far outstrip BP's last major settlement with the DoJ in 2007, when it payed about $373 million to resolve three separate probes into a deadly 2005 Texas refinery explosion, an Alaska oil pipeline leak and fraud for conspiring to corner the U.S. propane market.

The massive settlement, which comes a week after the U.S. presidential election, could ignite a debate in Congress about how funds would be shared with Gulf Coast states, depending on how the deal is structured. Congress passed a law last year that would earmark 80 percent of BP penalties paid under the Clean Water Act to the spill-hit states of Louisiana, Mississippi, Alabama, Florida and Texas.

POTENTIAL LIABILITY

In an August filing, the DoJ said "reckless management" of the Macondo well "constituted gross negligence and willful misconduct" which it intended to prove at a civil trial set to begin in New Orleans in February 2013. The U.S. government has not yet filed any criminal charges in the case.

Given that the deal will not resolve any civil charges brought by the Justice Department, it is also unclear how large a financial penalty BP might pay to resolve the charges, or other punishments that BP might face.

Negligence is a central issue to BP's potential liability. A gross negligence finding could nearly quadruple the civil damages owed by BP under the Clean Water Act to $21 billion in a straight-line calculation.

Still unresolved is potential liability faced by Swiss-based Transocean Ltd, owner of the Deepwater Horizon vessel, and Halliburton Co, which provided cementing work on the well that U.S. investigators say was flawed. Both companies were not immediately available for comment.

According to the Justice Department, errors made by BP and Transocean in deciphering a pressure test of the Macondo well are a clear indication of gross negligence.

"That such a simple, yet fundamental and safety-critical test could have been so stunningly, blindingly botched in so many ways, by so many people, demonstrates gross negligence," the government said in its August filing.

Transocean in September disclosed it is in discussions with the Justice Department to pay $1.5 billion to resolve civil and criminal claims.

The mile-deep Macondo well spewed 4.9 million barrels of oil into the Gulf of Mexico over a period of 87 days. The torrent fouled shorelines from Texas to Florida and eclipsed in severity the 1989 Exxon Valdez spill in Alaska.

BP has already announced an uncapped class-action settlement with private plaintiffs that the company estimates will cost $7.8 billion to resolve litigation brought by over 100,000 individuals and businesses claiming economic and medical damages from the spill.

(Additional reporting by Andrew Callus in London; Editing by Edward Tobin and David Stamp)

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China's Hu clears way for Xi to take party helm

BEIJING (AP) — President Hu Jintao stepped aside as ruling party leader Wednesday to clear the way for Vice President Xi Jinping to take China's helm as part of only the second orderly transfer of power in 63 years of Communist rule.

In a possible break from tradition, Hu may also be giving up his post as head of the commission that oversees the military, which would give Xi greater leeway to consolidate his authority when he takes over. A top general indicated Hu would not stay on in the military post.

Hu and other senior leaders mostly in their late 60s are handing over power to leader-in-waiting Xi and other colleagues in their late 50s over the next several months. The new leadership faces daunting challenges including slowing growth in the world's No. 2 economy, rising unrest among increasingly assertive citizens and delicate relations with neighboring countries.

In keeping with the widely anticipated succession plans, Hu was not re-elected a member of the party's Central Committee on the final day of a pivotal party congress, showing that he's no longer in the political leadership.

Delegates said they cheered when the announced results of secret balloting showed that Xi had been unanimously chosen for the committee, a step toward being named to the topmost panel, the Politburo Standing Committee, and becoming party leader as expected on Thursday. Li Keqiang, designated as the next premier, also was elected to the Central Committee of 205 full members.

"We were very happy, and the whole assembly responded with warm applause," said delegate Si Zefu, president of the Dongfang Electric Corp. based in the central city of Chengdu.

Previous outgoing leaders, including former President Jiang Zemin, have held onto the military post for a transitional period to extend their grip on power. Asked by Hong Kong reporters if Hu would retain his chairmanship of the military commission, Zhang Qinsheng, deputy chief of general staff of the People's Liberation Army, said the central leadership "had no such arrangements."

Zhang Lifan, an independent scholar in Beijing, said relinquishing all posts would be Hu's contribution to China's political reform.

"It will be an important political legacy, as he will break the bad tradition of holding onto power by outgoing officials," he said.

As the final day of the secretive, weeklong congress drew to a close in the Great Hall of the People, and after reporters were invited in to watch the proceedings, Hu reminded party leaders of the "glorious mission and heavy responsibilities" entrusted to them.

"We must strive to be role models, bring out our best in working for the cause of the party and the country," he said.

Sitting on the dais of leaders next to Hu was his predecessor, the 86-year-old Jiang, who has emerged as a key power-broker, maneuvering his allies into the leadership at the expense of Hu. Jiang had to be helped up by attendants when congress members stood for the Communist anthem, the Internationale. Afterward, Jiang turned to Hu and shook hands before being escorted offstage.

Hu later picked up some papers, shook hands with people in the row behind him and walked off the stage.

The party's 2,200-plus delegates also rubber-stamped the report Hu delivered last week committing the party to continuing a pro-economic growth agenda while retaining firm political control. Hu urged stronger measures to rein in corruption and make the government more responsive to public demands, but offered little in the way of specifics.

The next lineup of China's most powerful body, the Politburo Standing Committee, will be announced on Thursday. Though congress and Central Committee delegates have some influence over leadership decisions, most of the lineup is decided among a core group of the most powerful party members and elders.

The congress votes are "fully democratic" but "there is a degree of inevitability," actor and party delegate Song Guofeng of Liaoning province said as he entered the hall Wednesday.

"We need to have continuity in leadership to carry on," Song said. "They are already in the leadership core. The stability of the party and of the country is important."

Xi and Li — part of a generation schooled at a time of more openness to the West than their predecessors — were inducted into the leadership five years ago and are shoo-ins for the Standing Committee. But other positions on the panel were believed up for grabs and the subject of intense jockeying ahead of the congress.

The committee currently has nine members but may be reduced to seven. Wang Qishan, another vice premier, was named to the party's disciplinary body in a sign he would likely be named to the top committee.

China's leadership transitions are always occasions for fractious backroom bargaining, but this one has been further complicated by scandals that have fed public cynicism that their leaders are more concerned with power and wealth than government.

In recent months, Bo Xilai, a senior politician seen as a rising star, was purged after his aide exposed that his wife had murdered a British businessman. An ally of Hu's was sidelined after his son died in the crash of a Ferrari he shouldn't have been able to afford. And foreign media recently reported that relatives of Xi and outgoing Premier Wen Jiabao have amassed vast wealth. The scandals have weakened Hu, on whose watch they occurred.

Hu took over as party boss in 2002 in the first power transfer that did not involve the death of a leader or the unseating of a designated successor.

He will remain in the largely ceremonial post of president until March. Whether or not he remains head of the military commission should be confirmed Thursday.

In a nod to Hu's 10 years in power, the congress upgraded his pet theory, the Scientific Outlook on Development, to rank alongside other key schools of thought in the party constitution such as Marxism-Leninsim and Mao Zedong Thought. Hu's program called for more balanced growth in an attempt to distribute benefits more fairly across society.

The congress is a largely ceremonial gathering of representatives — mostly carefully selected from the national and provincial political and military elite. The real deal-making for the top positions is done behind the scenes by the true power-holders. The newly selected Central Committee meets Thursday to select the next Politburo of about two dozen members and from that, the Politburo Standing Committee.

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Associated Press writers Chris Bodeen, Didi Tang and Charles Hutzler in Beijing contributed to this report.

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Software pioneer McAfee says framed for murder in Belize

BELIZE CITY (Reuters) – Computer security industry pioneer John McAfee says he has gone into hiding in Belize because he believes authorities there are trying to frame him for the murder of a neighbor, a crime he says he did not commit, according to Wired magazine.

Belize police are searching for McAfee as “a person of interest” in a murder investigation.

“You can say I’m paranoid about it, but they will kill me, there is no question. They’ve been trying to get me for months. They want to silence me,” Wired quoted McAfee as saying on its website. “I am not well liked by the prime minister. I am just a thorn in everybody’s side.”

The magazine reported that McAfee, 67, contacted one of its reporters by telephone after his neighbor Gregory Faull, was found dead on Sunday in a pool of blood. The 52-year-old American was apparently shot in the head in his home on the island of Ambergris Caye.

Police say McAfee had a history of conflict with Faull, whose post-mortem was expected to be conducted on Tuesday.

McAfee, who amassed a fortune by building the anti-virus company that bears his name, has homes and businesses in the Central American country where police say he has lived for at least two years.

It was not the first time McAfee, who has tattoos, a goatee beard and mustache, and a penchant for guns, has drawn police attention in Belize.

His premises were raided earlier this year after he was accused of holding firearms, though most were found to be licensed. The final outcome of the case is pending.

He was also suspected of running a lab to make the synthetic drug crystal meth.

“He was suspected (of making crystal meth) but he was not convicted nor was he charged. He was only suspected,” said Belize police spokesman Raphael Martinez.

McAfee also owns a security company in Belize as well as several properties, an ecological enterprise and a water taxi and ferry business.

Reuters could not reach McAfee, who police want to question.

“It would be quite nice for him to come in and answer some of the questions that could lead to the closure of this case,” Martinez said. “He is not wanted for murder, but he is wanted for questioning as a person of interest.”

One man in Belize who knows McAfee well told Reuters he believed the American’s troubles began when he turned down requests for donations to the ruling United Democratic Party (UDP) to help fund its successful re-election bid in March.

“He rejected them because he doesn’t believe in participating in politics,” said the man, who spoke on condition of anonymity, calling McAfee an “honorable person.”

McAfee said earlier this year he had refused to donate to the UDP, which could not immediately be reached for comment.

The Belize police department has reached out to counterparts in neighboring Mexico and Guatemala, asking them to detain McAfee if he leaves Belize overland.

McAfee was one of Silicon Valley’s first entrepreneurs to amass a fortune by building a business off the Internet.

The former Lockheed systems consultant started McAfee Associates in 1989, initially distributing anti-virus software as “shareware” on Internet bulletin boards.

He took the company public in 1992 and left two years later following accusations that he had hyped the arrival of a virus known as Michelangelo, which turned out to be a dud, to scare computer users into buying his company’s products.

McAfee currently has no relationship with the software company, which has since been sold to Intel Corp.

(Reporting by Jim Finkle in Boston, Jose Sanchez in Belize City, Simon Gardner and Dave Graham in Mexico City; Editing by Kieran Murray and Eric Walsh)

Internet News Headlines – Yahoo! News

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'Gangnam Style' star joins Madonna onstage at MSG

NEW YORK (AP) — Madonna has gone "Gangnam Style."

Korean pop star PSY joined the pop icon Tuesday night during her second show this week at Madison Square Garden. They danced to his pop culture anthem "Gangnam Style" and to her jam "Music" in front of nearly 20,000.

Madonna said PSY flew "all the way from Frankfurt, Germany this morning." She also said she was a big fan of the rapper and loved his suit, which was bright red.

He added that he's had a lot of experiences in the last few months, and that performing at MSG with Madonna topped his list.

Madonna also collected money for those affected by Superstorm Sandy. Fans threw money onstage while she sang "Like a Virgin." She said she collected $3,000 at Monday's show.

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'Warrior monk' at center of growing scandal

WASHINGTON (Reuters) - Marine Corps General John Allen, the soberly formal, spit-and-polish head of U.S. and international forces in Afghanistan, is not a military leader whose image immediately conjures up the word "flirtatious."

The four-star general, who succeeded General David Petraeus last year as head of the International Security Assistance Force, is known for his ability to work with tribal sheikhs, a skill that helped him turn the tide against al Qaeda in Anbar Province in Iraq five years ago and has served him well in Afghanistan.

So the news that Allen, a 36-year veteran of the Marine Corps, had been snared in the same investigation that prompted the resignation of Petraeus as CIA director last week was greeted with surprise at the Pentagon and elsewhere in Washington.

John Ullyot, who served under Allen at Camp Lejeune in North Carolina in 1993, said he was all about "setting the example" for those under him and it was "hard for anyone who ever served under Allen" to believe he had been pulled into the probe.

Allen, who is married and has two daughters, "was known as a kind of warrior monk," said Ullyot, who was a spokesman for former U.S. Senator John Warner, a Republican who chaired the Senate Armed Services Committee.

Allen's connection to the probe that snared Petraeus was revealed early on Tuesday when Defense Secretary Leon Panetta announced he was putting Allen's nomination as head of U.S. European Command on hold pending an investigation.

A senior U.S. defense official said Panetta had asked the Defense Department's inspector general to investigate what the Pentagon called "inappropriate communication" between Allen and Jill Kelley, a Tampa, Florida socialite who is involved in volunteer causes that support the military.

Kelley is the woman who told the FBI she had received anonymous harassing emails about Petraeus. The FBI investigation into the emails uncovered an extramarital affair between Petraeus and his biographer, Paula Broadwell, who was found to be the source of the emails to Kelley, officials have said.

The FBI investigation also uncovered 20,000 to 30,000 pages of emails between or copied to Allen and Kelley. While defense officials were unable to say exactly how many emails there were between the two, the volume in pages raised concerns, they said.

A senior defense official, speaking on condition of anonymity, said the emails were "flirtatious" in nature, but did not deal with security or military business. The official said he had not seen the emails and could not say whether they were merely friendly or sexually explicit.

The investigation came just two days before Allen, the first Marine to serve as Commandant of Midshipmen at the U.S. Naval Academy, was to testify at a confirmation hearing naming him to replace Admiral James Stavridis as head of the U.S. European Command and Supreme Allied Commander Europe.

RECOMMENDED BY PETRAEUS

Allen and Petraeus have long known one another and served together. Allen was Petraeus' deputy at U.S. Central Command, based in Tampa.

Petraeus personally recommended Allen for the ISAF command. During Allen's confirmation hearing for the job, Senator John McCain told Allen he could "think of no higher compliment to pay a military officer" than to have the kind of support Petraeus had given him.

Allen has served as the head of ISAF since July 2011, managing the drawdown of U.S. forces following a surge that helped push Taliban insurgents out of major cities across the country.

His time in Afghanistan also has been marked by a spate of incidents that have enraged Afghans. They include video images of troops urinating on Taliban corpses and the burning of Korans and religious texts taken from a prison library. There also has been a surge in attacks on international forces by their Afghan partners.

Allen has handled the incidents with sensitivity, even as tensions have increased, his supporters say.

"I think General Allen has done a good job under very difficult circumstances in Afghanistan," said Senator Susan Collins, a member of the Armed Services Committee.

McCain, the top Republican on the Armed Services Committee, said he was surprised by the probe of Allen's emails and urged people to withhold judgment until the inspector general had finished his investigation.

"I have great respect and appreciation for the work that General Allen has done," he said. "If we fail in Afghanistan, which we are, it's because of decisions that were made by the president, not by General Allen."

"General Allen has said that he is not guilty of any improper behavior," McCain added. "He deserves to have us withhold judgment until the investigation is completed."

Allen, a 1976 Naval Academy graduate, served from 2008 to 2011 as deputy commander of U.S. Central Command, which oversees U.S. military dealings with countries from Egypt to Kazakhstan, including Afghanistan and Pakistan.

He was a deputy commanding general of the 2nd Marine Expeditionary Force in Iraq from 2006 to 2008.

(Additional reporting by Susan Cornwell. Editing by Warren Strobel and Christopher Wilson)

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Panetta: Admin deciding on post-2014 troop levels

ABOARD A U.S. MILITARY AIRCRAFT OVER THE PACIFIC (AP) — Defense Secretary Leon Panetta said Monday the Obama administration is nearing a decision in the next few weeks on how many U.S. troops would remain in Afghanistan — and for what purposes — after the U.S.-led combat mission ends in 2014.

Panetta told reporters aboard his plane en route from Hawaii to Australia that Gen. John Allen, the top U.S. commander in Afghanistan, has developed several options on a post-2014 presence.

Panetta also was asked about his future at the Pentagon. While he declined to reveal his plans, he suggested he still had work to do on the job he took in July 2011.

"It's no secret that at some point I'd like to get back to California," he said. Panetta is from Monterey, Calif.

He added that there are a number of important defense issues awaiting resolution, including a budget impasse and the future of U.S. involvement in Afghanistan — suggesting that he would not leave immediately.

"Right now, my goal is to basically meet my responsibilities with regard to dealing with those issues," Panetta said.

Pressed to say whether he would rule out staying for all four years of a second Obama term, he replied: "Who the hell knows?"

In explaining the status of Afghanistan planning, Panetta said the administration is weighing Allen's options on post-2014 troop levels. He would not reveal what troop levels are being considered, but it is believed that at least several thousand could be needed for several years beyond 2014.

"My hope is that we'll be able to complete this process in the next few weeks," Panetta said.

The decision will depend in part of the Afghan government's willingness to permit a post-2014 U.S. military presence and to provide legal guarantees for those troops that are acceptable to Washington.

Once that decision is made, U.S. officials have said they will set a timetable for reducing troop levels between now and the end of 2014. There now are about 67,000 U.S. troops in Afghanistan, and their mission is evolving from combat to advising, assisting and training Afghan forces.

A post-2014 U.S. military presence also would be expected to include hunting and killing extremists, including members of al-Qaida in Afghanistan.

Asked about David Petraeus's resignation as CIA director over revelations that he had an affair with his biographer, Panetta said he saw it as a "very sad situation to have him end his career like that." Panetta was CIA director before Petraeus.

"I think he took the right step" by resigning, Panetta added.

Panetta was beginning a weeklong trip to Asia to meet with his counterparts in Australia, Thailand and Cambodia. He said this was an important expression of the Obama administration's commitment to deepening ties in the region and developing more security partnerships.

For decades American administrations have fought the perception among Asians that Washington paid too little attention to their security interests. This view was reinforced during the years of U.S. focus on Iraq, and it persists even as the war in Afghanistan winds down.

The Obama administration has made much of its "pivot" to the Asia-Pacific, which has entailed more high-level diplomatic and security engagements and an attempt to expand cooperation with Australia and others in the region. But it is not fundamentally different from what the administration of President George W. Bush was pursuing even as it got mired in Iraq and saw stalemate in Afghanistan.

In June 2007, then-Defense Secretary Robert Gates argued at a security conference in Singapore that the U.S. was increasingly focused on Asia.

"Far from neglecting Asia, the U.S. is more engaged than ever before," he said. "We have been extraordinarily busy in recent years as we reshape and strengthen our security ties based on shared interests. Some are bilateral relationships that have been formed, renewed, or modernized - each with varying types and degrees of cooperation."

Among the issues dogging Panetta and the Pentagon is the controversy over the U.S. response to an attack on U.S. diplomatic facilities in Benghazi, Libya, two months ago.

Panetta said the Pentagon and the State Department are assessing what additional or improved arrangements might be necessary to secure U.S. diplomatic outposts in the Middle East. He was not specific.

As for the Benghazi attack, Panetta said it was "largely over" by the time the Pentagon was able to move forces close enough to Libya to respond.

Asked about the prospect of Congress and the administration settling for a short-term fix to the budget deficit crisis, rather than agreeing on measures to end the threat of further large defense spending cuts, Panetta said, "That's the worst thing that could happen."

He added: "That's the last damn thing I need right now," because it would perpetuate uncertainty about future defense spending and defense priorities.

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Head of Microsoft’s Windows unit steps down

(Reuters) – Microsoft Corp said the head of its flagship Windows division and the driving force behind Windows 8, Steven Sinofsky, will be leaving the company with immediate effect, days after the software giant launched the Surface tablet.

Sinofsky, who presented at the launch of the Windows 8 operating system in New York City last month, will be succeeded by Julie Larson-Green, who will head the Windows hardware and software division, the company said in a statement.

Tami Reller will remain chief financial officer and chief marketing officer and will assume responsibility for the business of Windows.

Both executives will report directly to Microsoft CEO Steve Ballmer, Microsoft said.

At the launch event in October, Sinofsky and his team showed off a range of devices running Windows 8 from PC makers such as Lenovo Group Ltd and Acer Inc, but devoted most of their energy to the second half of the presentation and the Surface tablet, the first computer Microsoft has made itself.

(Reporting by Sakthi Prasad and Nicola Leske; Editing by Edmund Klamann)

Tech News Headlines – Yahoo! News

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Storm volunteers mingle with stars at Glamour fest

NEW YORK (AP) — Sandra Kyong Bradbury was star struck. She had just spied Supreme Court Justice Ruth Bader Ginsburg a few feet away.

"How can you top that?" asked Bradbury, a New York City neonatal nurse who had helped evacuate infants from a hospital that lost power during the height of Superstorm Sandy. She was amazed that she was being honored at the same event as a Supreme Court justice — the annual Glamour Women of the Year awards, where stars of film, TV, fashion and sports share the stage with lesser-known women who have equally impressive achievements to their name.

Few events bring together such an eclectic group of honorees, not to mention presenters. At the Carnegie Hall ceremony Monday night, HBO star Lena Dunham, creator of "Girls" and a heroine to a younger generation, was introduced by Chelsea Handler and paid tribute in her speech to Nora Ephron, who died earlier this year. Ethel Kennedy was praised by her daughter, Rory, who has made a film about her famous mother. Olympic gymnast Gabby Douglas, 17, was honored along with swimming phenom Missy Franklin, also 17, and other Olympic athletes, introduced by singer Mary J. Blige and serenaded by American Idol winner Phillip Phillips. Singer-actress Selena Gomez was lauded by her friend, the actor Ethan Hawke.

But the most moving moments of the Glamour awards, now in their 22nd year, are often those involving people of whom the audience hasn't heard. This year, the most touching moment came when one honoree, Pakistani activist and filmmaker Sharmeen Obaid-Chinoy, brought onstage a woman who'd been the victim of an acid attack in her native Pakistan. Obaid-Chinoy won this year's documentary short Oscar for a film about disfiguring acid attacks on Pakistani women by the men in their lives.

The evening carried reminders of Superstorm Sandy, with Newark, N.J. Mayor Cory Booker introducing some 20 women who'd been heavily involved in storm relief work. "They held us together when Sandy tried to blow us apart," Booker said. The women worked for organizations like the American Red Cross, but also smaller volunteer groups like Jersey City Sandy Recovery, an impromptu group formed by three women in Jersey City, N.J., who wanted a way to help storm-ravaged communities.

Singer-rapper Pharrell Williams introduced one of his favorite architects, the Iraqi-born Zaha Hadid, 62, who designed the aquatic center for the London Olympics and is now at work on 43 projects around the world.

Activist Erin Merryn was honored for her work increasing awareness of child sex abuse — a horror she had endured during her own childhood. A law urging schools to educate children about sex abuse prevention, Erin's Law, has now passed in four states. "I won't stop until I get it passed in all 50 states," Merryn insisted in her speech.

Vogue editor Anna Wintour saluted a fellow fashion luminary, honoree Annie Leibovitz, the creator of so many iconic photographs over the years. Jenna Lyons, the president of J. Crew, got kind words from her presenter, former supermodel Lauren Hutton. Chelsea Clinton brought up a stageful of women from across the country who had been involved in politics this year, noting that, while there is still a long way to go, progress was made in 2012.

The lifetime achievement award went to Ginsburg, 79, who made a few quips about being honored by a fashion magazine. "The judiciary is not a profession that ranks very high among the glamorously attired," the justice said. She also noted that although she was only the second female Supreme Court justice (Sandra Day O'Connor came first), she was the first justice to be honored by Glamour.

An affectionate tribute to the late Ephron followed, with three actresses — Cynthia Nixon, and two Meryl Steep daughters, Mamie and Grace Gummer, reading from a graduation speech she had given at Wellesley College.

Actress Dunham, in her speech, touched on politics and expressed her own relief that President Barack Obama had won re-election, saying she felt it was crucial for reproductive freedom and other issues of women's rights. "I wanted control of my womb before I really knew what my womb was," she quipped.

After the ceremony, which was presided over by Glamour editor in chief Cindi Leive, honorees and presenters headed to a private dinner. There, Sandy volunteers mingled with the stars. One woman, Lynier Harper, had spent six nights during Sandy at the Brooklyn YMCA where she works, taking care of other people. "When I finally went back home, my house was totally destroyed," she said. She has moved in with her sister while she seeks a new home.

A group of seven nurses came from New York University's Langone Medical Center, which lost power during the storm. The neonatal intensive care nurses had to carry the babies down nine flights of stairs, in the dark, squeezing oxygen into their lungs, to get them to safety.

And there were the three women from Jersey City Sandy Recovery, sinking in the proximity to the so many impressive people.

"I just shook Ruth Bader Ginsburg's hand," exulted one of them, Candice Osborne. "How awesome!"

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British medical journal slams Roche on Tamiflu

LONDON (AP) — A leading British medical journal is asking the drug maker Roche to release all its data on Tamiflu, claiming there is no evidence the drug can actually stop the flu.

The drug has been stockpiled by dozens of governments worldwide in case of a global flu outbreak and was widely used during the 2009 swine flu pandemic.

On Monday, one of the researchers linked to the BMJ journal called for European governments to sue Roche.

"I suggest we boycott Roche's products until they publish missing Tamiflu data," wrote Peter Gotzsche, leader of the Nordic Cochrane Centre in Copenhagen. He said governments should take legal action against Roche to get the money back that was "needlessly" spent on stockpiling Tamiflu.

Last year, Tamiflu was included in a list of "essential medicines" by the World Health Organization, a list that often prompts governments or donor agencies to buy the drug.

Tamiflu is used to treat both seasonal flu and new flu viruses like bird flu or swine flu. WHO spokesman Gregory Hartl said the agency had enough proof to warrant its use for unusual influenza viruses, like bird flu.

"We do have substantive evidence it can stop or hinder progression to severe disease like pneumonia," he said.

In the U.S., the Centers for Disease Control and Prevention recommends Tamiflu as one of two medications for treating regular flu. The other is GlaxoSmithKline's Relenza. The CDC says such antivirals can shorten the duration of symptoms and reduce the risk of complications and hospitalization.

In 2009, the BMJ and researchers at the Nordic Cochrane Centre asked Roche to make all its Tamiflu data available. At the time, Cochrane Centre scientists were commissioned by Britain to evaluate flu drugs. They found no proof that Tamiflu reduced the number of complications in people with influenza.

"Despite a public promise to release (internal company reports) for each (Tamiflu) trial...Roche has stonewalled," BMJ editor Fiona Godlee wrote in an editorial last month.

In a statement, Roche said it had complied with all legal requirements on publishing data and provided Gotzsche and his colleagues with 3,200 pages of information to answer their questions.

"Roche has made full clinical study data ... available to national health authorities according to their various requirements, so they can conduct their own analyses," the company said.

Roche says it doesn't usually release patient-level data available due to legal or confidentiality constraints. It said it did not provide the requested data to the scientists because they refused to sign a confidentiality agreement.

Roche is also being investigated by the European Medicines Agency for not properly reporting side effects, including possible deaths, for 19 drugs including Tamiflu that were used in about 80,000 patients in the U.S.

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Online:

www.bmj.com.tamiflu/

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Petraeus probe ensnares top U.S. commander in Afghanistan

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged "inappropriate communications" with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen's communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus' biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen's problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen's communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

"Gen. Allen disputes that he has engaged in any wrongdoing in this matter," the official said. If Allen was found to have had an affair with Kelley, he could face charges of adultery, which is a crime under the Uniform Code of Military Justice.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

But the Allen investigation adds a new complication to an Afghan war effort that is at a particularly difficult juncture. Allen had just provided Panetta with options for how many U.S. troops to keep in Afghanistan after the U.S.-led coalition's combat mission ends in 2014. And he was due to give Panetta a recommendation soon on the pace of U.S. troop withdrawals in 2013.

The war has been largely stalemated, with little prospect of serious peace negotiations with the Taliban and questions about the Afghan government's ability to handle its own security after 2014.

At a photo session with Australian Prime Minister Julia Gillard shortly after he arrived in Perth, Panetta was asked by a reporter whether Allen could remain an effective commander in Kabul while under investigation. Panetta did not respond.

The FBI's decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta's decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen's nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold "until the relevant facts are determined." He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

The military official said Allen is in Washington, where he was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

The senior defense official said Panetta has not talked to Allen about the investigation, nor has he discussed the matter with President Barack Obama, although he consulted with unspecified White House officials before making the decision to seek a postponement of Allen's confirmation hearing.

Panetta did talk about the Allen matter with Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, who happens to also be in Perth for a meeting of American and Australian diplomatic and defense officials. Those talks were starting Tuesday with an official dinner.

With a cloud over Allen's head, it was unclear Tuesday whether he would return to Kabul, even though Panetta said Allen would remain in command. The second-ranking American general in Afghanistan is Army Lt. Gen. James Terry.

NATO officials had no comment about the delay in Allen's appointment.

"We have seen Secretary Panetta's statement," NATO spokeswoman Carmen Romero said in Brussels. "It is a U.S. investigation."

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama's nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford's hearing is also scheduled for Thursday.

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Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

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