Tuesday, August 13, 2013

NYU, enviro group to monitor commercial tenants? energy use

NYU, enviro group to monitor commercial tenants? energy use

Program aims to spur demand for efficient space

August 13, 2013 03:30PM

Constantine-Kontokosta-and-Peter-Lehner

NYU?s Constantine Kontokosta and the NRDC?s Peter Lehner

New York University and the National Resources Defense Council are partnering to improve commercial tenant energy use, the New York Observer reported.

The duo will monitor the energy consumption of about 1,000 volunteer commercial tenants from five major U.S. cities ? including New York City ? for 12 months, working with CBRE to identify participants.

By devising a rating system to compare energy use among the tenants, the partnership hopes to ultimately spur demand for more energy-efficient spaces.

?Our goal is to develop a national recognition program for commercial tenants that will motivate tenants to improve the efficiency of their spaces and create a competitive advantage for those that do,? Constantine Kontokosta, deputy director of NYU?s Center for Urban Science and Progress ? and the project?s research leader ? told the Observer. ?Commercial tenants represent a critical stakeholder in the effort to reduce energy consumption in buildings, and this research will set the standard for data collection, analysis and benchmarking of tenant energy performance.?

While commercial building owners typically control energy consumption in a few parts of a property, tenants account for more than 50 percent of energy use. Thus far, according to the Observer, little effort has been made to increase energy efficiency in these types of spaces. In 2011, a U.S. Environmental Protection Agency ?Battle of the Buildings? dubbed the Columbia University School of Social Work a winner and 230 Park Avenue a loser in energy efficiency. [NYO] ? Julie Strickland

Source: http://feedproxy.google.com/~r/trdnews/~3/MChXy35ZOMw/

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Monday, August 12, 2013

Finance and open source | mathbabe

I want to bring up two quick topics this morning I?ve been mulling over lately which are both related to this recent post by Economist?Rajiv Sethi from Barnard (h/t Suresh Naidu), who happened to be my assigned faculty mentor when I was an assistant prof there. I have mostly questions and few answers right now.

In his post, Sethi talks about former computer nerd for Goldman Sachs?Sergey Aleynikov and his trial, which was chronicled by Michael Lewis recently. See also this related interview with Lewis, h/t Chris Wiggins.

I haven?t read Lewis?s piece yet, only his interview and Sethi?s reaction. But I can tell it?ll be juicy and fun, as Lewis usually is. He?s got a way with words and he?s bloodthirsty, always an entertaining combination.

So, the two topics.

First off, let?s talk a bit about high frequency trading, or HFT. My first two questions are, who does HFT benefit and what does HFT cost? For both of these, there?s the easy answer and then there?s the hard answer.

Easy answer for HFT benefitting someone: primarily the people who make loads of money off of it, including the hardware industry and the people who get paid to drill through mountains with cables to make connections between Chicago and New York faster.

Secondarily, market participants whose fees have been lowered because of the tight market-making brought about by HFT, although that savings may be partially undone by the way HFT?ers operate to pick off ?dumb money? participants. After all, you say market making, I say arbing. Sorting out the winners, especially when you consider times of ?extreme market conditions?, is where it gets hard.

Easy answer for the costs of HFT is for the companies that invest in IT and infrastructure and people to do the work, although to be sure they wouldn?t be willing to make that investment if they didn?t expect it to pay off.

A harder and more complete answer would involve how much risk we take on as a society when we build black boxes that we don?t understand and let them collide with each other with our money, as well as possibly a guess at what those people and resources now doing HFT might be doing otherwise.

And that brings me to my second topic, namely the interaction between the open source community and the finance community, but mostly the HFTers.

Sethi said it well in his post:

Aleynikov relied routinely on open-source code, which he modified and improved to meet the needs of the company. It is customary, if not mandatory, for these improvements to be released back into the public domain for use by others. But his attempts to do so were blocked:

Serge quickly discovered, to his surprise, that Goldman had a one-way relationship with open source. They took huge amounts of free software off the Web, but they did not return it after he had modified it, even when his modifications were very slight and of general rather than financial use. ?Once I took some open-source components, repackaged them to come up with a component that was not even used at Goldman Sachs,? he says. ?It was basically a way to make two computers look like one, so if one went down the other could jump in and perform the task.? He described the pleasure of his innovation this way: ?It created something out of chaos. When you create something out of chaos, essentially, you reduce the entropy in the world.? He went to his boss, a fellow named Adam Schlesinger, and asked if he could release it back into open source, as was his inclination. ?He said it was now Goldman?s property,? recalls Serge. ?He was quite tense. When I mentioned it, it was very close to bonus time. And he didn?t want any disturbances.?

This resonates with my experience at D.E. Shaw. We used lots of python stuff, and as a community were working at the edges of its capabilities (not me, I didn?t do fancy HFT stuff, my models worked at a much longer time frame of at least a few hours between trades).

The urge to give back to the OS community was largely thwarted, when it came up at all, because there was a fear, or at least an argument, that somehow our competition would use it against us, to eliminate our edge, even if it was an invention or tool completely sanitized from the actual financial algorithm at hand.

A few caveats: First, I do think that stuff, i.e. python technology and the like eventually gets out to the open source domain even if people are consistently thwarting it. But it?s incredibly slow compared to what you might expect.

Second, It might be the case that python developers working outside of finance are actually much better at developing good tools for python, especially if they have some interaction with finance but don?t work inside. I?m guessing this because, as a modeler, you have a very selfish outlook and only want to develop tools for your particular situation. In other words, you might have some really weird looking tools if you did see a bunch coming from finance.

Finally, I think I should mention that quite a few people I knew at D.E. Shaw have now left and are actively contributing to the open source community now. So it?s a lagged contribution but a contribution nonetheless, which is nice to see.

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Source: http://mathbabe.org/2013/08/11/finance-and-open-source/

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Another Record-Setting Summer for Hollywood

[unable to retrieve full-text content]In spite of a slew of high-profile flops, domestic grosses are poised to break the $4.4 billion record.

Source: http://www.rottentomatoes.com/m/1928116/news/1928116/

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7 more killed in Iraq violence

By Sylvia Westall

BAGHDAD (Reuters) - Shootings and a bombing killed at least seven more people in Iraq on Sunday, after a day of carnage as sectarian tensions rise across the country.

The United States condemned a wave of car bombings which killed nearly 80 people across Iraq on Saturday, saying those who had attacked civilians during celebrations marking the end of Ramadan were "enemies of Islam".

Bombs ripped through markets, shopping streets and parks late on Saturday as Iraqis were out celebrating Eid al-Fitr, the end of the Muslim fasting month.

Eighteen months since the last U.S. troops withdrew, Sunni Islamist militants have been regaining momentum in their insurgency against Iraq's Shi'ite-led government.

Saturday's attacks targeted mainly Shi'ite districts and the renewed violence has raised fears Iraq could relapse into the sectarian bloodbath of 2006-2007.

The civil war in neighboring Syria has aggravated tensions further and Iraq's Interior Ministry has said it is facing an "open war".

"The United States condemns in the strongest possible terms the cowardly attacks today in Baghdad," the State Department said.

"The terrorists who committed these acts are enemies of Islam and a shared enemy of the United States, Iraq, and the international community."

It said the United States would work closely with the Iraqi government to confront al Qaeda and discuss this during a visit of Foreign Minister Hoshiyar Zebari next week to Washington.

DEADLY RAMADAN

This has been one of the deadliest Ramadan months in years, with bomb attacks killing hundreds. Bomb attacks in Baghdad on Tuesday killed 50.

On Sunday gunmen opened fire at a checkpoint manned by Sunni militia, killing two and wounding two in the town of Buhriz, about 60 km (35 miles) northeast of Baghdad, police said.

Further north, gunmen attacked a busy park in the town of Balad, killing two and wounding three, police said.

To the south of the capital, three anti-terrorism squad officers were killed and nine wounded by a roadside bomb in the town of Mahaweel, 60 km (35 miles) from Baghdad.

More than 1,000 Iraqis were killed in July, the highest monthly death toll since 2008, according to the United Nations.

"These attacks follow a number of shocking incidents that have taken place across Iraq recently and are clearly intended to fuel sectarian strife and destabilize the country," British Foreign Minister Alistair Burt said in a statement.

"This carnage reflects the inhuman character of its perpetrators," United Nations envoy to Iraq Gyorgy Busztin said.

"All honest Iraqis should unite to put an end to this murderous violence that aims to push the country into sectarian strife."

The State Department said Saturday's attacks bore the hallmarks of al Qaeda's Iraqi (AQI) branch. It reiterated that it was offering a $10 million reward for information leading to the killing or capture of Abu Bakr al-Baghdadi, the AQI leader.

Last month al Qaeda claimed responsibility for simultaneous raids on two Iraqi prisons and said more than 500 inmates had escaped in the brazen operation.

The reward for Baghdadi is second only to that offered for information leading to the capture of Ayman al-Zawahri, the overall chief of al Qaeda's network, the State Department said.

(Additional reporting by Ali al-Rubaie in Hilla, Ghazwan Hassan in Tikrit, Suadad al-Salhy in Baghdad and a Reuters reporter in Baquba; Editing by Andrew Roche)

Source: http://news.yahoo.com/u-says-iraq-ramadan-attackers-enemies-islam-111114532.html

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AP Source: 76ers hire Brett Brown as coach

PHILADELPHIA (AP) ? A person familiar with the decision tells The Associated Press the Philadelphia 76ers have hired San Antonio assistant Brett Brown to be their coach, ending a four-month search to replace Doug Collins.

The person spoke on condition of anonymity Monday because the move has not been officially announced.

Collins resigned in April after the Sixers went 34-48. New general manager Sam Hinkie took quite a while looking for a replacement before choosing Brown, who was part of three NBA title teams with San Antonio.

Source: http://news.yahoo.com/ap-source-76ers-hire-brett-brown-coach-154026856.html

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Sunday, August 11, 2013

Korea breezes past Chinese Taipei to book last ticket to World Cup in Spain

  • Taiwan News Online - Sunday 11th August, 2013

    Taipei, Aug. 11 (CNA) Taiwanese investigators began on Sunday to question the Indonesian crew of a Taiwanese fishing boat to find out the fate of its missing skipper and chief engineer, according to the Maritime Patrol Directorate General (MPDG). The questioning of the nine Indonesian crew members began after the Hsunhu No. 8, a Coast Guard Administration (CGA) patrol boat, met up with the ...

  • Indonesians crowd Taipei concert to celebrate end of Ramadan

    Taiwan News Online - Sunday 11th August, 2013

    Taipei, Aug. 11 (CNA) Thousands of Indonesian workers in Taiwan attended an outdoors music event in Taipei on Sunday held to celebrate the end of Ramadan, a holy month of fasting observed by Muslims. Renowned Indonesia singer Didi Kempot, who was invited to perform at the event, sent the workers into a frenzy when he took to the stage. The Indonesian Cultural Festival, hosted in the form of a ...

  • Taiwanese workers toil extra hours voluntarily survey

    Taiwan News Online - Sunday 11th August, 2013

    Taipei, Aug. 11 (CNA) Over half of local office workers work more than 10 hours a day, and many of them do so of their own accord, according to a survey released Sunday. In a Cheers Magazine survey of 2,356 office workers across Taiwan in July, 52.6 percent of those polled said they work an average of more than 10 hours a day, and 41.3 percent work extra hours at least three days per week. ...

  • Funeral held in Vietnam for killed Taiwanese businessman

    Taiwan News Online - Sunday 11th August, 2013

    Ha Tinh, Vietnam, Aug. 11 (CNA) A funeral service was held Sunday for a Taiwanese businessman working in Vietnam who was killed last week after quarreling with a group of locals. The family of the 51-year-old Taiwanese, only identified by his surname Tseng, arrived a day earlier to help with funeral arrangements at a hospital in the northern city of Vinh, about 300 kilometers from Hanoi. Tseng ...

  • Talk of the Day -- In a bind Tsai makes new demands of Ma

    Taiwan News Online - Sunday 11th August, 2013

    Tsai Ing-wen 's call for a conference on national affairs raised some eyebrows within the Democratic Progressive Party (DPP), with some questioning whether the DPP now has another top leader in addition to DPP Chairman Su Tseng-chang. Perhaps realizing the controversy could worsen her already strained relationship with Su and give ammunition to the government, Tsai changed course Saturday ...

  • Taiwans lifting of freeze on hiring Filipino workers welcomed

    Taiwan News Online - Sunday 11th August, 2013

    Taipei, Aug. 11 (CNA) Filipino workers in Taiwan said on Sunday that they welcomed Taiwan's lifting of a freeze on the hiring of Filipino workers as part of sanctions previously imposed due to Manila's handling of the fatal shooting of a Taiwanese fisherman. "We're so happy," Samuel Bagos, a Filipino who has spent 1.5 years in Taiwan, told CNA when asked to comment on ...

  • President Ma departs for visit to Paraguay Caribbean allies

    Taiwan News Online - Sunday 11th August, 2013

    Ma Ying-jeou departed on Sunday for a 12-day diplomatic tour that will cover Paraguay, where he will attend the inauguration of the country's new president, and Taiwan's four allies in the Caribbean. A delegation led by Ma boarded ...

  • Taiwans representative to Philippines returning to Manila

    Taiwan News Online - Sunday 11th August, 2013

    Philippines Raymond Wang will return to Manila to resume his duties later Sunday as ties between the two countries have returned to normal, according to a diplomatic source. ...

  • Typhoon Utor unlikely to reach Taiwan

    Taiwan News Online - Sunday 11th August, 2013

    Philippines that strengthened into a typhoon on Saturday is unlikely to reach Taiwan; however, the island may experience some rainfall from Aug. 12 onward, the Central Weather Bureau said on Sunday. As of 8 a.m. on Sunday, Typhoon Utor was centered some 1,000 kilometers southeast of Eluanbi at the southernmost tip of Taiwan and was moving in a west-northwesterly direction at a speed of 21 ...

  • Korea breezes past Chinese Taipei to book last ticket to World Cup in Spain

    Inquirer Sports - Sunday 11th August, 2013

    KIM Mingoo of Korea (dark) vs TSENG Wen Ting FIBA Asia Photo by Nuki Sabio MANILA, Philippines -- South Korea quickly put its close loss to host Philippines behind as it steamrolled past Chinese Taipei, 75-57, to claim the third and final slot for the 2014 FIBA Basketball World Cup in the final day of the 27th FIBA Asia Championship Sunday at the Mall of Asia Arena in Pasay City. Korea, which ...

  • Taiwans Ma starts foreign tour in US

    News.com.au - Sunday 11th August, 2013

    TAIWAN'S President Ma Ying-jeou departed Sunday for a tour of Paraguay and the Caribbean but has tried to keep a US stopover low-key to avoid upsetting China, officials ...

  • China refuses interaction with DPP for calling for independence

    Taiwan News Online - Sunday 11th August, 2013

    China and Taiwan's opposition Democratic Progressive Party (DPP) will remain impossible if the DPP continues to call for Taiwan's independence, a Chinese official said on Sunday. Quoted ...

  • China Times Overhauling the disgraceful Legislature

    Taiwan News Online - Sunday 11th August, 2013

    China ratified. But it failed to achieve either goal. Lawmakers from the opposition Democratic Progressive Party, which opposes the referendum proposal, filibustered the session by occupying the legislative speaker's podium. As the main opposition party, the DPP has debased itself into a group which blindly opposes any bill introduced by the ruling Kuomintang instead of coming up with ...

  • Mainland welcomes more Taiwan mayors to boost cross-Strait ties

    China.org.cn - Saturday 10th August, 2013

    The Chinese mainland's Taiwan affairs chief Zhang Zhijun said on Saturday that the mainland welcomes and encourages personages from various Taiwan political parties and more mayors to participate in the peaceful development of cross-Strait ...

  • Taiwan stood ground in Manila row says minister

    Asia News Network - Saturday 10th August, 2013

    Taiwan Foreign Minister David Lin said yesterday that his ministry never, from beginning to end, gave up in its efforts or softened its stance in dealing with the Philippine authorities over the shooting death of a Taiwanese fisherman in May by Philippine coastguardsmen. Lin made the remarks in an interview with the Central News Agency conducted two days after the Philippine government made an ...

  • Air Force aerobatic team puts on show to celebrate 60th anniversary

    The China Post - Saturday 10th August, 2013

    TAIPEI--The Air Force's Thunder Tigers aerobatics team celebrated its 60th anniversary yesterday by putting on an aerial display for thousands of people at Tainan Air Force ...

  • Kaohsiung grouper not affected by fake drugs

    The China Post - Saturday 10th August, 2013

    TAIPEI, Taiwan -- Grouper fish farmers in Kaohsiung have stressed that their fish are safe to eat following the arrest of a fake veterinarian suspected of selling fake drugs to fish farms in southern ...

  • Tycoon sets up liver diseases clinic with generous US$4 mil. donation

    The China Post - Saturday 10th August, 2013

    TAIPEI, Taiwan -- A tycoon has donated US$4 million to set up a foundation and clinic in Taipei for the prevention and treatment of liver diseases, the head of the medical facility said ...

  • Typhoon Utor continues to intensify while nearing the nations southeast

    The China Post - Saturday 10th August, 2013

    TAIPEI, Taiwan -- Typhoon Utor, which formed yesterday morning, continues to intensify and is expected to affect Taiwan by next Monday, according to the Central Weather Bureau (CWB) ...

  • State-owned oil supplier to rev up privatization efforts

    The China Post - Saturday 10th August, 2013

    TAIPEI--CPC Corp., Taiwan, the country's state-run oil supplier, said yesterday that it will speed up its pace in privatization in order to become privatized by the end of ...

  • Homicide charges in national interest Philippine newspaper

    The China Post - Saturday 10th August, 2013

    MANILA--The recommended homicide charges against Philippine Coast Guard officers involved in the fatal shooting of a Taiwanese fisherman in May are consistent with the country's national interest, a Philippine newspaper argued in an editorial ...

  • Asustek to unveil new notebook models

    The China Post - Saturday 10th August, 2013

    TAIPEI--Asustek Computer Inc., one of the world's leading personal computer vendors, is planning to launch new notebook computer models in the United States in September in a bid to stir up buying in the current slow global PC ...

  • Source: http://www.taipeinews.net/index.php/sid/216376534/scat/0dd057261bcc461b

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    BOLO:Kidnapper and 16-year-old-girl may be heading to Canada

    BartSimpson wrote:

    Me, too. It's disturbing to think they probably drove through Sacramento on the way to Idaho.

    Why? You wouldn't notice just another car with California plates there. But it will stick out like a sore thumb here.

    Once here, if the cross the border they won't make it far.

    Source: http://www.canadaka.net/forums/jibber-jabber-f9/bolo-kidnapper-and-16-year-old-girl-may-be-heading-to-canada-t105963.html

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    Element14 unveils Raspberry Pi Projects hub and 8GB Model B bundle

    Element14 unveils Raspberry Pi project hub, tinkeringfriendly Model B bundle

    While it's comparatively easy to get started with Raspberry Pi programming, it can be tough to find suitably challenging projects afterward -- what's good for rookies may bore seasoned pros. To solve this, Element14 has launched a Raspberry Pi Projects hub that organizes community projects by skill level. First-timers get tutorials for basic tasks, such as loading Minecraft: Pi Edition, while veterans learn how to build home monitoring systems and other advanced devices. Those who want a faster start on their projects can also spend $40 on a new Raspberry Pi Model B bundle that includes both the tiny PC and an 8GB SD card preloaded with six operating systems. There's no guarantee that you'll become an expert through Element14's hub, but you'll at least be saved from getting in over your head.

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    Source: Element14 (1), (2)

    Source: http://www.engadget.com/2013/08/11/element14-unveils-raspberry-pi-projects-hub/?utm_medium=feed&utm_source=Feed_Classic&utm_campaign=Engadget

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    UNITED STATES v. FORD

    UNITED STATES of America, Plaintiff?Appellee v. Robert FORD, Defendant?Appellant.

    No. 12?3687.

    -- August 08, 2013

    Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

    Jeff Larson, argued, Sioux Falls, SD, for appellant.Thomas J. Wright, AUSA, argued, of Sioux Falls, SD, for appellee.

    Robert Ford was charged with sexual abuse of an incapacitated person, in violation of 18 U.S.C. ?? 2242(2), 2246(2)(A), and 1152 (?Count 1?) and kidnapping, in violation of 18 U.S.C. ?? 1201(a)(2) and 1152 (?Count 2?). A jury acquitted Ford of sexual abuse but convicted him of kidnapping. On appeal, Ford contends that his acquittal on the sexual abuse count requires an acquittal on the kidnapping count as a matter of law. He argues that the district court1 erred in issuing two supplemental jury instructions and in denying his motions for judgment of acquittal and for a new trial. We affirm.

    I. Background

    On the night of June 29, 2011, Christina Weston, her cousin, Eric Sherman, her friend, Shelly Red Earth, and her former romantic interest, Ford, consumed alcohol and fell asleep at Weston's house. Sherman testified that the next morning he and Red Earth heard a ?muffled commotion? coming from Weston's bedroom. When Sherman went to investigate, he encountered Ford, who had just exited Weston's bedroom and shut the door. Ford looked upset and said, ?Your cousin is having a fit, an attack. You better go check on her.? Sherman knocked on the door and went into Weston's room where he found her traumatized. She was seated on the floor with her legs curled up, rocking back and forth and sobbing. Sherman observed red marks on Weston's arms that had not been there the night before. When Sherman asked Weston what happened, Weston pointed to the door and said, ?That f* * * * *g Bob,? referring to Ford. Sherman then went to look for Ford, but he had departed. Weston was taken to the hospital. After hospital staff physically examined Weston, she told them that she had been barricaded in her room and sexually assaulted. Ford's DNA was present on swabs taken from Weston at the hospital.

    A grand jury indicted Ford, charging him with sexual abuse of an incapacitated person and kidnapping. Ford pleaded not guilty, and a jury trial was held. At the close of the evidence, the court instructed the jury on both counts. The instructions for Count 1 stated, in pertinent part:

    For you to find Robert Ford guilty of Count 1 of the indictment, the prosecution must prove the following five essential elements beyond a reasonable doubt:

    One, that on or about June 30, 2011, Robert Ford did knowingly engage in or attempt to engage in a sexual act with Christina Weston;

    * * *

    Two, that Christina Weston was incapable of appraising the nature of the conduct, or alternatively was physically incapable of declining participation in or communication unwillingness to engage in the sexual act;

    Three, that Robert Ford knew that Christina Weston was incapable of appraising the nature of the conduct, or alternatively was physically incapable of declining participation in or communicating unwillingness to engage in the sexual act;

    Four and five, that Christina Weston is an Indian; and that the offense took place in Indian Country, namely at Flandreau, in Indian Country, in the District of South Dakota.

    The instructions for Count 2 stated, in pertinent part:

    For you to find Robert Ford guilty of Count 2 of the indictment, the prosecution must prove the following four essential elements beyond a reasonable doubt:

    One, Robert Ford unlawfully seized or confined Christina Weston without her consent;

    Two, Robert Ford held Christina Weston for the purpose of preventing her from reporting a sexual attack;

    Three and four, that Christina Weston is an Indian; and that the offense took place in Indian Country, namely at Flandreau, in Indian Country, in the District of South Dakota.

    During the course of its deliberations, the jury sent three questions to the court. The first question was, ?Do we have to prove guilty on Count 1 to find guilty on Count 2?? After entertaining arguments from counsel, the court sent the following supplemental instruction to the jury:

    As you were instructed in Final Instruction Number Three, the jury needs to find that Robert Ford held Christina Weston for the purpose of preventing her from reporting a sexual attack. This element, along with all the other elements, must be proven beyond a reasonable doubt to find the Defendant guilty on Count Two. To find the Defendant guilty on Count Two, you do not need to find the Defendant guilty on Count One.

    This instruction should be taken together with the instructions I previously gave to you. The instructions must be considered as a whole.

    Ford did not object to the supplemental instruction.

    Later, the court received a second question from the jury specifically concerning the first element of Count 2. It asked, ?On Count 2, can we have a further definition of ?unlawfully seized or confined? without her consent?? After entertaining arguments from counsel on this instruction, the court submitted the following supplemental instruction to the jury:

    The victim's lack of consent is a fundamental element of kidnapping. Kidnapping implies an unlawful physical or mental restraint or detention for an appreciable period of time against the person's will and with a willful intent to confine or detain the victim.

    This instruction should be taken together with the instructions I previously gave to you. The instructions must be considered as a whole.

    Ford did not object to the second supplemental instruction. However, at that time Ford's counsel did ask the court to consider clarifying the first supplemental instruction. Ford's counsel argued:

    If [the jury] would acquit on Count 1 ? factually speaking, it would be impossible, as a matter of law, [for Ford] to be convicted on Count 2 in the absence of a sexual assault. Again, like I mentioned earlier, the sexual assault is a condition precedent to confinement to prevent the reporting of a sexual assault.

    Counsel for the government disagreed. The court construed Ford's counsel's argument as an objection, ruled that it was untimely, and stated that even if it were timely, he would have overruled it because ?[t]he counts are distinct. There's nothing that requires in a kidnapping case that there be a conviction on another matter.?

    After another jury question and answer not relevant to this appeal, the jury returned a verdict acquitting Ford of sexual abuse but convicting him on kidnapping. Ford filed motions for judgment of acquittal and for a new trial. The district court denied both motions. United States v. Ford, No. CR 11?40116?01?KES, 2012 WL 4443000, at *4 (D.S.D. Sept.25, 2012) (unpublished).

    II. Discussion

    On appeal, Ford argues that the district court erred in issuing the supplemental jury instructions and in denying his motions for judgment of acquittal and for a new trial.

    A. The Supplemental Jury Instructions

    Ford argues that the district court's first supplemental instruction was plainly erroneous because it told the jury that it was not necessary to convict Ford of sexual abuse in order to convict him of kidnapping. He contends that the jury could not have found the second element of the kidnapping count?that ?[he] held Christina Weston for the purpose of preventing her from reporting a sexual attack??beyond a reasonable doubt after acquitting him on the sexual abuse count. Ford also argues that the district court's second supplemental instruction was plainly erroneous because it implied that kidnapping requires only an unlawful seizure or detention.

    A party who objects to any portion of the instructions or to a failure to give a requested instruction must inform the court of the specific objection and the grounds for the objection before the jury retires to deliberate. An opportunity must be given to object out of the jury's hearing and, on request, out of the jury's presence. Failure to object in accordance with this rule precludes appellate review, except as permitted under Rule 52(b).

    Fed.R.Crim.P. 30(d). ?A plain error that affects substantial rights may be considered even though it was not brought to the court's attention.? Fed.R.Crim.P. 52(b). ?Plain error review requires [the defendant] to show (1) an error, (2) that was ?plain,? (3) ?affects substantial rights,? and (4) ?the error seriously affects the fairness, integrity or public reputation of judicial proceedings.? ? United States v. Rush?Richardson, 574 F.3d 906, 910 (8th Cir.2009) (quoting United States v. Olano, 507 U.S. 725, 735?36, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993)).

    The district court did not plainly err in issuing the first supplemental jury instruction. The jury could have validly concluded that Ford was guilty of kidnapping despite concluding that he was not guilty of sexual abuse. To convict Ford on the sexual abuse count, the jury had to find all five elements of the offense beyond a reasonable doubt. Excluding the fourth and fifth elements, which concern jurisdiction, the jury might have reasonably doubted any or all of the remaining contested elements. These elements required proof that (1) ?Ford ? knowingly engage[d] in or attempt[ed] to engage in a sexual act with ? Weston;? (2) either ?Weston was incapable of appraising the nature of the conduct, or alternatively [that she] was physically incapable of declining participation in or communicating unwillingness to engage in the sexual act;? and (3) either ?Ford knew that ? Weston was incapable of appraising the nature of the conduct, or alternatively [that he knew that she] was physically incapable of declining participation in or communicating unwillingness to engage in the sexual act.? See 18 U.S.C. ? 2242(2). A jury finding of reasonable doubt on any one of those three elements would require acquittal. Thus, it is entirely possible that the jury found beyond a reasonable doubt that ?Ford ? knowingly engage[d] in or attempt[ed] to engage in a sexual act with ? Weston,? but it still acquitted him on the sexual abuse count because it reasonably doubted whether Weston was incapacitated in some way or whether Ford knew that Weston was incapacitated.

    Even if we assume that the jury reasonably doubted that ?Ford ? knowingly engage[d] in or attempt[ed] to engage in a sexual act with ? Weston,? that reasonable doubt does not foreclose a finding that he kidnapped Weston. First, the kidnapping count does not include as an element that ?Ford ? knowingly engage[d] in or attempt[ed] to engage in a sexual act with ? Weston.? To be sure, the kidnapping count, as charged, does include as an element that ?Ford held ? Weston for the purpose of preventing her from reporting a sexual attack.? See 18 U.S.C. ? 1201(a)(2) (requiring a kidnapping to be ?for ransom or reward or otherwise?). But the presence of reasonable doubt on the former does not require reasonable doubt on the latter. Specifically, a reasonable jury could have doubted that the government proved that a sexual attack occurred, but nonetheless found beyond a reasonable doubt that Ford believed that Weston intended to report that one had occurred, and that he held her to prevent her from doing so. Second, even if the jury's findings were logically inconsistent, ?[c]onsistency in the verdict is not necessary. Each count in an indictment is regarded as if it was a separate indictment.? United States v. Powell, 469 U.S. 57, 62, 105 S.Ct. 471, 83 L.Ed.2d 461 (1984) (quotations and citations omitted). In Powell, the Supreme Court

    note[d] that a criminal defendant already is afforded protection against jury irrationality or error by the independent review of the sufficiency of the evidence undertaken by the trial and appellate courts? The Government must convince the jury with its proof, and must also satisfy the courts that given this proof the jury could rationally have reached a verdict of guilty beyond a reasonable doubt. We do not believe that further safeguards against jury irrationality are necessary.

    Id. at 67.2

    Ford argues that the second supplemental instruction was erroneous because it implied that kidnapping requires only an unlawful seizure or detention. He argues that this instruction failed to instruct the jury that finding that he had ?the purpose of preventing [Weston] from reporting a sexual assault? was just as important as finding that he ?unlawfully seized or confined? her. The first paragraph of the court's second supplemental instruction states, ?The victim's lack of consent is a fundamental element of kidnapping. Kidnapping implies an unlawful physical or mental restraint or detention for an appreciable period of time against the person's will and with a willful intent to confine or detain the victim.? This supplemental instruction adequately elaborated the ?unlawfully seized or confined? element. See 18 U.S.C. ? 1201(a). The instruction remained correct despite not restating all of the elements of the kidnapping count. Furthermore, the court was careful to include a second paragraph, stating, ?This instruction should be taken together with the instructions I previously gave to you. The instructions must be considered as a whole.? The original instructions for the kidnapping count state, ?For you to find Robert Ford guilty of Count 2 of the indictment, the prosecution must prove the following four essential elements beyond a reasonable doubt?? (Emphasis added). ?[J]uries are presumed to be able to follow and understand the court's instructions.? Katzenmeier v. Blackpowder Prods., Inc., 628 F.3d 948, 952 (8th Cir.2010) (citing United States v. Sandstrom, 594 F.3d 634, 645 (8th Cir.2010)). Any erroneous inference from the supplemental instruction's explanation of the ?unlawfully seized or confined? element, or its use of the word ?fundamental? to describe that element, was addressed by the court's admonitions to the jury that it must read the instructions as a whole and find every essential element beyond a reasonable doubt.

    Consequently, we hold that the district court's supplemental instructions were not erroneous, much less plainly so.

    B. Motion for Judgment of Acquittal

    Ford argues that the district court erred in denying his post-verdict motion for judgment of acquittal on the kidnapping count. Ford contends that his acquittal on the sexual abuse count shows that insufficient evidence existed to convict him on the kidnapping count as well. Ford argues that the government failed to prove that he held Weston for the purpose of obtaining some benefit to himself and, specifically, that the government presented no evidence that he attempted to prevent Weston from reporting a sexual attack.

    A post-verdict motion for judgment of acquittal puts in issue the sufficiency of the evidence to sustain the verdict. It is in this respect precisely like an appeal from a judgment of conviction on the ground that the evidence was not sufficient to sustain the verdict on which the judgment was entered.

    United States v. Lincoln, 630 F.2d 1313, 1316 (8th Cir.1980).

    We review the denial of a motion for judgment of acquittal de novo. [United States v.] Hively, 437 F.3d [752,] 760 [ (8th Cir.2006) ]. When a motion for judgment of acquittal is based on evidentiary insufficiency, we ?view[ ] the evidence in the light most favorable to the verdict? and ?must uphold the verdict if the evidence so viewed is such that there is an interpretation of the evidence that would allow a reasonable-minded jury to find the defendants guilty beyond a reasonable doubt.? United States v. Vig, 167 F.3d 443, 447 (8th Cir.1999).

    United States v. Lewis, 557 F.3d 601, 612 (8th Cir.2009) (fourth alteration in original).

    The federal kidnapping statute imposes criminal liability upon ?[w]hoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person.? 18 U.S.C. ? 1201(a). Of particular relevance in the present case is the ?or otherwise? element. Id. ?We have noted that the ?or otherwise? requirement has been broadly interpreted and have held that it is met if the person kidnapped was taken for some reason that the defendant considered of sufficient benefit to him, or for ? ?some purpose of his own.? ? ? United States v. Bordeaux, 84 F.3d 1544, 1548 (8th Cir.1996) (quoting United States v. Eagle Thunder, 893 F.2d 950, 953 (8th Cir.1990) (quoting United States v. Melton, 883 F.2d 336, 338 (5th Cir.1989))).

    Here, the district court stated:

    Ford argues that the jury could not have reasonably concluded that he held the victim for the purpose of preventing her from reporting a sexual attack because the jury found Ford not guilty of the charged sexual assault. Put differently, Ford contends that the victim could not have intended to report a sexual attack because according to the jury verdict, no sexual attack took place. Ford's reasoning is flawed because he implicitly argues that in order for one to report an alleged crime against a defendant, or at least to have the intent to do so, the defendant must be guilty of the alleged crime. Ford cites no case law to support his position[,] and the court finds that his position is not true either logically or practically. An individual can report what he or she perceives to be a crime even if no actual crime took place. To conclude otherwise would undermine the role of criminal investigations and the judicial process as a whole. Hence, the court finds that Ford's argument that a not guilty verdict for the sexual assault charge precludes a guilty verdict for the kidnapping charge lacks merit.

    Ford also argues that the evidence presented at trial was insufficient to prove beyond a reasonable doubt that he had the necessary intent to commit a kidnapping, namely that he held the victim for the purpose of preventing her from reporting a sexual attack. Here, after hearing all the evidence, the jury reasonably concluded that the victim intended to report a sexual attack at the time [that] Ford held her. Indeed, the victim reported the sexual attack once she had the opportunity. She immediately told a witness about the events that took place while defendant and the victim were in the victim's bedroom, the place where the alleged confinement took place. The victim then went to the Flandreau hospital that same day to have a rape kit administered, and she also reported the incident to the Flandreau police and made a statement to the FBI. The fact that defendant was later acquitted of the sexual assault crime does not negate the fact that the victim intended to report the attack at the time she was confined.

    Ford, 2012 WL 4443000, at *2 (footnote omitted). As Ford argues, much of the district court's analysis deals with Weston's intent to report a sexual attack, as opposed to evidence proving that Ford had the purpose of preventing Weston from reporting a sexual attack. But, in the present case, Weston's intent to report a sexual attack is quite relevant to establishing Ford's subjective purpose to prevent her from reporting a sexual attack. Weston testified that Ford sexually assaulted her, barricaded the door when she tried to leave the room, and prevented her from having access to her cell phone. Weston reported that Ford had sexually assaulted her as soon as she had the opportunity to do so. Furthermore, Weston's allegation was corroborated by the testimony of Sherman and Red Earth, photographs, and DNA evidence.

    In Bordeaux, four men left an all-night drinking party sometime after 6:30 a.m. 84 F.3d at 1546. As they were driving, they observed an injured man, Williams, walking down the road. Id . The men stopped and offered Williams a ride to his mother's house. Id. However, the driver took the car to a different location, where the occupants exited the car and battered Williams. Id. The men then placed Williams back into the car and drove him to another location where they continued the physical assault. Id. Two of the four men were convicted of kidnapping, in violation of ? 1201(a)(2). Id. On appeal, the defendants challenged the sufficiency of the evidence, arguing that ?the government did not prove that Williams was held for ?ransom or reward or otherwise,? as required by 18 U.S.C. ? 1201(a).? Id. at 1548. We found that

    [i]t was reasonable for the jury to infer that the purpose of the kidnapping was to assault Williams and that he was put back in the car to enable the defendants to continue the assault at a more isolated location and thus prevent detection. Both reasons constitute a sufficient benefit to the defendants.

    Id. Similar to Bordeaux, here ?[i]t was reasonable for the jury to infer that? Ford's purpose in kidnapping Weston was to prevent Weston from reporting a sexual attack. See id. That ?reason[ ] constitute[d] a sufficient benefit to [Ford]? under ? 1201(a). See id.

    Ford again asserts that the verdicts on the sexual abuse and kidnapping counts are inconsistent.

    Even if we characterize the verdicts as inconsistent, ?[w]e have previously held, when considering what are characterized as inconsistent verdicts, that we only ask whether the government presented sufficient evidence to support the conviction. We are reluctant to delve into the minds of the jurors to determine the reasons for apparently inconsistent verdicts.? United States v. Opare?Addo, 486 F.3d 414, 416 (8th Cir.2007) (internal citation omitted).

    United States v. Ironi, 525 F.3d 683, 689 (8th Cir.2008). Viewing the evidence in the light most favorable to the guilty verdict, there was sufficient evidence to find Ford guilty of kidnapping. See Lewis, 557 F.3d at 612. Consequently, we hold that the district court did not err in denying Ford's motion for judgment of acquittal.

    C. Motion for a New Trial

    Ford argues that the district court erred in denying his motion for a new trial. He contends that Weston's testimony and the testimony of a hospital worker about Weston's injuries establish only that he involuntarily detained Weston. Additionally, Ford reasserts his argument that his acquittal on the sexual abuse charge requires an acquittal on the kidnapping charge.

    ?The decision to grant or deny a motion for a new trial based upon the weight of the evidence is within the sound discretion of the trial court,? [and] ?[u]nless the district court ultimately determines that a miscarriage of justice will occur, the jury's verdict must be allowed to stand.? United States v. Campos, 306 F.3d 577, 579 (8th Cir.2002).

    United States v. Mayer, 674 F.3d 942, 944?45 (8th Cir.2012) (second alteration in original).

    ?[A]n abuse of discretion occurs when a relevant factor that should have been given significant weight is not considered, when an irrelevant or improper factor is considered and given significant weight, or when all proper and no improper factors are considered, but the court in weighing the factors commits a clear error of judgment.? United States v. McNeil, 90 F.3d 298, 300 (8th Cir.), cert. denied, 519 U.S. 1034, 117 S.Ct. 596, 136 L.Ed.2d 524 (1996) (internal citations omitted); accord, Kern v. TXO Prod. Corp., 738 F.2d 968, 970 (8th Cir.1984).

    United States v. Butler, 296 F.3d 721, 723 (8th Cir.2002) (alteration in original). Here, the district court found:

    Ford's argument in support of granting a new trial rests almost entirely on the issue of credibility. Ford argues that the victim's testimony is incredible and that the testimony of the two corroborating witnesses is also incredible.

    * * *

    Ford does not argue persuasively that the victim's testimony regarding the kidnapping is incredible.

    Ford, 2012 WL 4443000, at *3.

    On appeal, Ford argues that the court improperly considered evidence pertaining to Weston's state of mind as proof that he held her for the purpose of preventing her from reporting a sexual attack. He contends that Weston's testimony ?showed her subjective belief that [he] prevented her from leaving the bedroom or using her phone,? and not that he had the subjective purpose of preventing her from reporting a sexual attack. (Emphasis added). But Weston's testimony was relevant and highly probative of Ford's mental state. The district court therefore properly considered Weston's testimony as probative of Ford's motive. Likewise, the court properly considered the testimony of those witnesses who corroborated Weston's testimony.

    Addressing Ford's argument that acquittal on the sexual abuse charge requires acquittal on the kidnapping charge, the district court determined that ?the kidnapping conviction can stand on its own, and, thus, Ford's argument lacks merit.? Id. at *4. Indeed, the jury could have reasonably believed that Weston wanted to report a sexual attack?and that Ford acted with the purpose to prevent her from doing so?even if the jury was not convinced that the government had proven all of the elements of the sexual abuse count beyond a reasonable doubt. Furthermore, Ford's acquittal on the sexual abuse count imposed no obligation on the court to ignore the testimony, DNA evidence, and photographs that indicated that Ford held Weston for the purpose of preventing her from reporting a sexual attack.

    Ford does not convince us that affirming the district court's judgment will result in ? ?a miscarriage of justice ? [,][so] the jury's verdict must be allowed to stand.? ? See Mayer, 674 F.3d at 945 (quoting Campos, 306 F.3d at 579). Consequently, we hold that the district court did not abuse its discretion in denying Ford's motion for a new trial.

    III. Conclusion

    Accordingly, we affirm the judgment of the district court.

    FOOTNOTES

    1.??The Honorable Karen E. Schreier, Chief Judge, United States District Court for the District of South Dakota.

    2.??See infra Part II.B. for a review of Ford's sufficiency challenge.

    SMITH, Circuit Judge.

    Source: http://feeds.findlaw.com/~r/FindLaw8th/~3/J31G6LVo_6I/1641486.html

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    Florida airman found dead at Ariz. air base

    NASA: Climate change makes this year's wildfire season the ?new normal'

    Saturday, Aug 10, 5:00 am
    WASHINGTON -- Climate change, and the consistently hotter and drier weather that comes with it, is largely the cause of the recent "sharp increase" in the number and intensity of wildfires, NASA officials... Read more...

    Source: http://www.ktar.com?nid=22&sid=1654778

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    Why wearable computers will need advances in notification ...

    As we quickly move into an era where even our jewelry, vehicles and household appliances are connected to the web, one of the chief elements of the mobile computing experience as we know it now will undergo a stark change: the push notification. That alert, which?pops up with a pleasant ding or annoying buzz to alert us to the latest Instagram like, message, email, reminder or voicemail, will have to adapt when every kind of display is suddenly a computer.

    The most interesting advances in notification strategies being made today are with mobile productivity and personal assistant apps. Today you can download apps that tell you when it?s your mom?s or co-worker?s birthday; that will dial you into a conference call automatically; that tell you when to leave for the airport; whether to bring an umbrella to your afternoon meeting; and even alert you when a package has been delivered to your doorstep.

    Push notifications tell you when your friends are active on Path.App makers, like Mikael Berner of productivity app EasilyDo, is one of the developers salivating at the idea of putting his app on wearable computers specifically. The entire premise of his app is saving time and getting things done.?The creators of smart mobile calendar app Sunrise also think of wearables as quicker avenues of getting the information that users need now. An incoming email or a reminder of the next meeting comes in even faster with a quick glance at a wrist or popping up in your field of vision.

    But the standard, square pop-up won?t cut it as devices with different purposes and sizes become more prevalent. And even though any iWatch is still likely at least a year away, other wrist-worn computers?remain niche health-tracking devices, and Google Glass is still not consumer-ready, the people building these apps are very much thinking about what comes next.

    Wearable computers: just another screen

    It?s tempting to think of Google Glass or a smartwatch as the ?new? smartphone, but that?s wrong, according to Phil Libin, CEO of Evernote. ?It?s totally different than the transition from PCs to mobile, which is the paradigm most app makers and users are working from. ?Mobile to wearables is a much bigger deal in how you think about making products,? he told me in a recent interview.

    For one thing, people don?t use a mobile app and a PC application at the same time; one is a replacement for the other. With wearable devices, a product or an app has to know and interact with multiple devices at the same time ? your computer, smartphone, car, etc.

    When that happens, the mission changes: you have to design for the person, not a particular screen ? as we?ll be discussing at our RoadMap conference in San Francisco in November.

    Tempo on a smartphone

    Tempo on a smartphone

    Raj Singh, CEO of Tempo, the AI-based personal assistant app from Siri-creator SRI, thinks a lot about this idea: getting notifications for a person to show up on multiple devices, yet making them?smart enough not to?repeat themselves when the user starts working with another connected device. And an even bigger issue is knowing which particular types of notifications should show up on which devices.

    ?Certain signals are very high value and some are very noisy,? Singh said, depending on how you?re using a device. ??More data is better? is not very true.?

    You might, for example, get 100 notifications per day on your phone right now ? new emails, meeting start time notifications, alerts for Twitter direct messages ? but you?d go a little batty if all 100 of those showed up on every connected display you had. Even if you don?t think about it, you have a personal hierarchy of what kind of stuff is important to you to know and in what context.

    If you?re sitting at your computer during the day, you probably don?t mind, or even notice, getting a lot of notifications there. But on your phone screen you might; you probably only want notifications for things you need at that exact moment and that you can take action on from your phone and while you?re away from a computer.

    And on a tiny wrist display? Probably very few alerts would make the cut. And for another twist, you and I likely differ in what we want.

    ?That is one thing I don?t think will be universal; it?s personal to each user,? Singh said. ?I like to think of it on a slider ? ?Raj likes this much noise on X screen? and ?this much on Y screen.??

    So EasilyDo and Tempo and plenty of other apps are working on the ranking algorithms to be as informative but least annoying as possible.

    Time, not screen size

    But what does the notification of the future actually, physically look like? Is it a sentence that pops up in a box, like we have on computers and mobiles now? Just an icon? A series of flashing lights like the original mobile productivity powerhouse, the Blackberry? Or something else entirely? No one seems to have an answer just yet.

    It?ll likely take years of designers dabbling with a real product, playing with the interface here and there to come up with something simple and useful. Even the iPhone took two years ? ?a pretty long time in mobile ? to get push notifications. (And even then, it?basically borrowed Android?s approach.)

    Notifications for mobile screens in many ways are shrunk down from the kind that appeared on larger desktop displays. But for wearables, screen size isn?t what will dictate what notification goes on what screen. It?s time.

    ?It?s a half second or a second or a second and a half,? says Libin. ?With productivity software it seems ridiculous: you can?t do anything in a second and a half, but you can: you have to imagine it.?

    Whatever that notification is, it can only capture your attention for a very short amount of time if it?s on a glanceable device like a smartwatch. The notification is only serving the purpose of telling you there is new info or something that requires action on your part. You?re not going to type out a text or answer an email to your boss on your watch. ?The notification is to make me mentally ready to consume this information,? Libin explained. You?ll pick up the device you actually want to respond with once you get that notification.

    Building the future

    So, how do we build these new notifications, for the kind of apps that live on a half a dozen different screens and need to talk to each other through the cloud but also differentiate between screens of varying importance? That picture is still coming into focus ? like the hardware they?ll eventually run on.

    The current tools for building apps, using storyboards and wireframes, ?don?t work if you?re not focused on one screen,? said Libin. If you?re focused on the person as the central connecting factor of all these screens, everything changes: ?The single interaction flow is not across one device one screen, it?s across multiple.? So Evernote is investing in those tools for developers as its apps teams work on Google Glass and on Pebble, which is one of the few commercially available smartwatches.

    They have time; but they don?t want to wait. ?None of this is going to be super mainstream in six or 12 months, but I think it?s going to be in the next two or three years,? said Libin. ?It?s going to go faster than people expect.?

    Source: http://gigaom.com/2013/08/09/why-wearable-computers-will-need-advances-in-notification-technology-to-thrive/

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    Furyk has lead heading to final round of PGA

    PITTSFORD, N.Y. (AP) ? The final moments Saturday at Oak Hill brought out more emotion as big putts kept falling in the PGA Championship, with one big difference.

    These putts were for par.

    Jim Furyk, after a 3-wood struck so poorly off the 18th tee that he couldn't have reached the green even if he had been in the fairway, worked his way up the 472-yard hole until he had a 15-foot putt from the fringe to keep a one-shot lead. The ball curled into the left corner of the cup, and the 43-year-old emphatically shook his fist.

    Adam Scott, whose sweet swing turned sour on the last few holes, was on the verge of letting the lead get another shot away from him when he knocked in a 15-foot putt for par on the 17th hole, bowed his head and pumped his fist.

    And then there was Jason Dufner, whose disappointment turned to surprise on the 18th hole when he took a step toward the cup to tap in a missed putt and watched gravity pull it into the hole for a par that put him in the final group.

    Perhaps those scenes were a prelude for Sunday, the final round of the final major of the year.

    "It's only going to get harder," Furyk said.

    Oak Hill finally had enough elements for a tough test, and Furyk showed enough of his western Pennsylvania grit for a 2-under 68 and a one-shot lead over Dufner.

    Grinding to the end in a swirling wind that cast doubt on so many shots, Furyk closed with two clutch putts ? one for birdie to regain the lead, the par putt to keep it ? that put him 18 holes away from winning another major 10 years after his U.S. Open title.

    There was nothing fancy about the way he worked his way to the top of the leaderboard at 9-under 201, but then, that's rarely the case with Furyk. He made three birdies and two tough pars on the back nine, and the one bogey was a bunker shot that hit the pin and rolled 7 feet away.

    He was so wrapped up in his game that he didn't even know the score.

    "Give me a leaderboard. Where are we at?" he asked before he was told he was one shot ahead of Dufner, and two clear of Henrik Stenson.

    "I'm comfortable with where I'm at," Furyk said. "There's a crowded leaderboard at the top, and instead of really viewing it as who is leading and who is not, I'm really viewing it as I need to go out there tomorrow and put together a good, solid round of golf. Fire a good number and hope it stacks up well."

    Dufner was eight shot worse than his record-tying 63, but at least he got into the final group at the PGA Championship for the second time in three years. At the Atlanta Athletic Club in 2011, he had a four-shot lead with four holes to go and lost to Keegan Bradley in a playoff.

    "I was young, new to doing the majors," Dufner said. "I think that was the third or fourth major I played in. So hopefully, the experience I've had since then will pull me through and give me a chance to win tomorrow."

    Stenson, a runner-up at the British Open three weeks ago, dropped only one shot over the last 16 holes and ran in a pair of 12-foot birdie putts for a 69 and was two shots behind. Sweden's odds of winning a major have never been this high. Stenson will play in the penultimate group with Jonas Blixt, who had a 66.

    The surprise was Scott, who was poised to seize control at any moment.

    Scott blasted a driver on the uphill, 318-yard 14th hole that was so pure he snatched his tee from the ground as the ball was still rising. It stopped 25 feet below the cup, and he had an eagle putt to tie for the lead. The Australian two-putted for birdie, and two holes later fell back with a double bogey on the 16th. Scott escaped further damage with a 15-foot par save on the 17th and managed a 72. He was four shots behind, along with Steve Stricker, who had a 70.

    Those were the only five players within five shots of the lead.

    Still with an outside chance was Rory McIlroy, who came to life with three birdies over his last six holes for a 67. McIlroy, trying to join Tiger Woods as the only repeat winners of the PGA in the stroke-play era, knocked in a 40-foot birdie putt on the 17th and then showed more emotion than he has all year when he chipped in for birdie on the 18th.

    "It was good to feel the sort of rush again," McIlroy said.

    He was at 3 under, still six shots behind.

    Woods, meanwhile, will have to wait eight more months to end his drought in the majors. He opened with two bogeys in three holes and shot a 73 to fall 13 shots behind. It was a shocking performance from the world's No. 1 player, mainly because he was coming off a seven-shot win at Firestone that included a 61.

    Woods has made only seven birdies in 54 holes ? four of them on par 3s.

    British Open champion Phil Mickelson was even worse. He sprayed the ball all over Oak Hill on his way to a 78, matching his highest score ever in the PGA Championship.

    No one looked terribly comfortable at the start, not with the swirling wind and water hazard that winds its way along the front nine.

    U.S. Open champion Justin Rose fell apart early with back-to-back double bogeys that sent him to a 42. He wound up with a 77. Scott opened with a 20-foot birdie putt, only to follow with back-to-back bogeys. And when Dufner ended his string of pars by driving into the creek on No. 5 for double bogey, it appeared that this tournament was wide open. The leaders steadied themselves, leaving the title Sunday it still up for grabs but likely among fewer players.

    Scott knows as well as anyone how unpredictable a final round can be.

    He was four shots up with four holes to play at the British Open last year and watched Ernie Els win the claret jug. At Muirfield last month, Mickelson came from five shots behind on the final day and won by three.

    "I would like to be leading," Scott said. "Four back is well within reach. Anything can happen in a major. We just saw the pin spots get tough today, and scoring in the final groups was very difficult. With so much danger around, it's hard to be completely free where major pressure is on the line. Tomorrow is going to be similar."

    Source: http://news.yahoo.com/furyk-lead-heading-final-round-pga-231431695.html

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    Saturday, August 10, 2013

    Madoff was in 'love triangle' with employee, feds say

    11 hours ago

    Image: Bernard Madoff

    TIMOTHY A. CLARY / AFP - Getty Images

    Bernard Madoff pleaded guilty in March 2009 to running a fraud of up to $65 billion at his investment firm and is serving a 150-year prison sentence.

    NEW YORK ? Bernard Madoff was in a "love triangle" involving one of five former employees who are about to go on trial for helping him run his multibillion-dollar Ponzi scheme, prosecutors said.?

    Madoff pleaded guilty in March 2009 to running a fraud of up to $65 billion at his investment firm and is serving a 150-year prison sentence.?

    While Madoff said he acted alone, prosecutors have since charged 13 individuals in connection with the fraud. Five of them - two women and three men - are set to go on trial in federal court in New York on October 7.?

    In a filing with the court on Thursday, prosecutors said the married Madoff was involved with one of the five but did not give a name.?

    All but one of the defendants were at one time involved in relationships with each other, and one had a relationship with Madoff, the prosecutors said.?

    "For example, one of the defendants was in a love triangle with Bernard Madoff himself," prosecutors said.?

    In the filing, the office of Preet Bharara, the U.S. attorney for Manhattan, said prosecutors had gathered "inflammatory" evidence of romantic and sexual relationships between employees and customers, including between defendants and witnesses in the upcoming trial.?

    If the judge finds evidence of past relationships are admissible, defendants and witnesses should be prepared for details to be elicited during the government's case, the motion said.?

    A former lawyer for Madoff declined to comment.?

    Eric Breslin, a lawyer for former investment advisory employee Joann Crupi, said he didn't know which defendant was in the purported "love triangle."?

    "It's just kind of strange," Breslin said of the filing.?

    Besides Crupi, the defendants include former operations manager Daniel Bonventre, former investment advisory employee Annette Bongiorno, and former computer programmers Jerome O'Hara and George Perez.?

    Lawyers for the other defendants either did not respond to requests for comment or declined to comment. A spokeswoman for Bharara did not immediately respond to a request for comment.?

    At a hearing on Friday, Judge Laura Taylor Swain denied a request by lawyers for the five former employees to delay the trial for two months because of a new indictment filed by prosecutors last week.?

    The case is USA v. O'Hara et al, U.S. District Court for the Southern District of New York, No. 10-0228.?

    Copyright 2013 Thomson Reuters.

    Source: http://feeds.nbcnews.com/c/35002/f/663286/s/2fc6d7ad/sc/24/l/0L0Snbcnews0N0Cbusiness0Cmadoff0Ewas0Elove0Etriangle0Eemployee0Efeds0Esay0E6C10A887942/story01.htm

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    Microsoft to change Microsoft Points to real money in next Xbox 360 update

    Earlier this year, Microsoft announced it would be retiring its Microsoft Point system for purchasing games and other virtual items on the Xbox One?when it launches in favor of using real money from a user's local currency. Today, there's an update on the Microsoft Points shutdown which concerns current Xbox 360 owners.

    In a post on Xbox Wire, Microsoft Xbox exec Marc?Whitten confirmed that the transition from Microsoft Points to real money will happen with the next Xbox 360 software update. While a specific date for that update to go live was not mentioned, he did say that when it is complete, Xbox 360 owners who buy something digital or redeem a Microsoft Points code or card , they will find that Microsoft will " ... add to your account an amount of currency equal to or greater than the Xbox Marketplace value of your Microsoft Points, which will be retired."

    A beta for the next update went live for a few Xbox 360 owners earlier this summer, but some of them said that the conversion from Microsoft Points to real money left them with game prices that had increased compared to their Microsoft Points level. Microsoft later said those higher prices were made in error due to bugs that were still being worked out in the beta code.

    In today's statement,?Whitten said that the company will continue to accept Microsoft Points gift cards and codes for the Xbox 360 "until further notice" and will convert them into the appropriate local currency when entered into an Xbox Live account; Xbox gift cards will be released later with real money amounts in stores and online.?

    Finally, Whitten said that any Microsoft Points earned by people as part of their now shut down Xbox Live Rewards program will remain in their account and will also be converted to real money with the Xbox 360 update. A new rewards program will be announced on September 1st.

    More info on the Microsoft Points-to-real world money transiton can be found at the Xbox.com website, including the specific list of countries that will be affected.?

    Source: Xbox Wire | Image via Microsoft

    Source: http://feeds.neowin.net/~r/neowin-all/~3/Ftv_kKjPl1c/microsoft-to-change-microsoft-points-to-real-money-in-next-xbox-360-update

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    The Sterling Clan, The Memorial Highway, China Woman at Detroit Bar on 08/12/2013 08:00 PM PDT

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    Source: http://www.detroitbar.com/event/345825?utm_medium=api

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    Dell expands direct financing capabilities in Europe, offering loans ...

    Dell Finance

    Dell has announced that it is now able to provide direct financing for leases and loans, to support small and medium businesses looking to invest in IT solutions.

    Dell Financial Services (DFS) will provide a real alternative to bank financing in Europe, providing the much needed capital to small and medium sized businesses so they can focus more on investing in their business rather than worrying about the infrastructure to run it.

    Small businesses across the UK are still struggling to grow and the main obstacle for them is access to funding. The World Economic Forum Global Competitiveness report, shows that access to affordable financing isn?t just a problem in the UK its critical problem for businesses across Europe. Many banks across Europe are still reluctant to lend to small businesses meaning businesses, especially SMEs. These businesses are struggling to raise the finance they need to support their business and plan for future development. A recent survey by the European Central Bank found that SMEs reported an increasing need for bank loans but deterioration in availability.

    With Dell?s Financial Services they are now able to provide direct financing programmes to customers in parts of Europe. From today SMEs and corporate customers in the U.K., will have direct access to the same financing opportunities as the U.S. and Canada.

    Related posts:

    Source: http://www.startyourbusinessmag.com/dell-expands-direct-financing-capabilities-in-europe-offering-loans-to-small-businesses/

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    larger displays of iphone and ipad

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    Source: www.howardforums.com --- Friday, August 09, 2013
    iPhone 4 has a larger displays compare to other smartphone series. ...

    Source: http://www.howardforums.com/showthread.php/1807008-larger-displays-of-iphone-and-ipad?goto=newpost

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    Business Highlights

    ___

    Obama signs student loan deal, says job isn't done

    WASHINGTON (AP) -- President Barack Obama signed into law a measure restoring lower interest rates for student loans, pledging the hard-fought compromise would be just the first step in a broader, concerted fight to rein in the costs of a college education.

    The legislation links student loan interest rates to the financial markets. It offers lower rates this fall because the government can borrow money cheaply at this time. If the economy improves in the coming years as expected, it will become more costly for the government to borrow money, and that cost would be passed on to students.

    About 11 million students this year are expected to have lower interest rates, saving the average undergraduate $1,500 on interest charges on this year's loans.

    ___

    Priceline stock flirts with historic $1,000 mark

    NEW YORK (AP) -- Priceline.com came close to becoming the first stock in the Standard & Poor's 500 index to cross $1,000.

    Investors jumped onboard after the travel booking company reported better than expected second-quarter earnings. The stock rose to almost $995 before leveling off. The stock closed at $969.89.

    The company's stock hasn't been this high since it had an adjusted closing price of $974.27 on April 30, 1999, a month after going public in the heady days of the dotcom boom. The stock dropped below $10 just two years later.

    ___

    ITC issues import ban on some Samsung products

    NEW YORK (AP) -- A judge refused a request by Apple Inc. to temporarily suspend her ruling that it violated antitrust laws by conspiring with publishers to raise electronic book prices in 2010.

    Judge Denise Cote, ruling from the bench in Manhattan federal court, declined to withdraw the effect of last month's ruling while Cupertino, Calif.-based Apple Inc. appeals.

    The maker of iPods, iPads and iPhones continues to fight what it calls "false accusations."

    The judge ruled last month that Apple had conspired with publishers to spoil the $9.99 e-book price Amazon.com had established. That ruling sided with government regulators' contention that Apple joined five major book publishers to gang up on Amazon.com to the detriment of consumers.

    Apple, determined to protect one of the world's most beloved brands, has steadfastly denied it did anything wrong.

    ___

    Obama says he has range of candidates to lead Fed

    WASHINGTON (AP) -- President Barack Obama said that he's still considering a range of candidates to be the next chairman of the Federal Reserve and that whoever gets the job will need to focus in the near term on reducing unemployment.

    Obama said during a White House news conference that former Treasury Secretary Lawrence Summers and current Fed Vice Chairman Janet Yellen are both highly qualified for the job, and that he's also considering others. He said he'll make his decision in the fall.

    ___

    US wholesale stockpiles fell 0.2 percent in June

    WASHINGTON (AP) -- U.S. wholesalers cut their stockpiles in June for a third straight month even as their sales rose again. Businesses may need to speed up restocking if demand continues to increase, a trend that could boost economic growth in the second half of the year.

    The Commerce Department said that wholesale stockpiles fell 0.2 percent in June from May. That follows a 0.6 percent drop in May ? the biggest in 20 months ? a modest 0.1 percent decline in April.

    Wholesalers haven't shrunk their stockpiles for three months or longer since September 2009, which was three months after the Great Recession ended. The decline shows that many remain cautious and are keeping inventories lean, despite three straight months of solid sales growth.

    ___

    Tyson to stop buying cattle fed Merck supplement

    WICHITA, Kan. (AP) -- Tyson Foods Inc. told cattle feeders this week it will no longer buy animals fed a supplement that's designed to bulk them up before slaughter, citing experts who suggest the drug may be causing cattle to become lame.

    The decision by the food giant has raised concerns from industry experts that less beef will be available, which would drive up consumer prices. The growth-inducing drugs are approved by the U.S. Food and Drug Administration and help feedyards get roughly 25 more pounds of beef from each carcass. They've been increasingly used to offset dwindling cattle herd numbers, especially in the face of last year's drought.

    ___

    Ackman pushes for Penney chairman to go

    NEW YORK (AP) -- The battle over J.C. Penney's future just got uglier. Activist investor Bill Ackman said that he has lost confidence in J.C. Penney's board and that its chairman should be replaced. Penney Chairman Thomas Engibous fired back and called Ackman's comments inaccurate.

    The exchange adds more fuel to an unusually public squabble between Ackman and the rest of J.C. Penney's board over how quickly it should replace CEO Mike Ullman.

    ___

    FCC votes to cap, slash prison phone rates

    WASHINGTON (AP) -- A decade after families of prison inmates asked for action, the Federal Communications Commission agreed to limit how much companies can charge for phone calls made from behind bars.

    The FCC voted 2-1 during an emotional meeting to cap interstate phone rates at 21 cents a minute for debit or prepaid calls and 25 cents a minute for collect calls. Companies wanting to set higher rates would have to file a request for a waiver and could not charge more until that waiver is granted.

    ___

    Carlos Slim in $9.6BN bid for Dutch telecom KPN

    AMSTERDAM (AP) -- America Movil SAB, owned by Mexican billionaire Carlos Slim, will launch a 7.2 billion euro ($9.6 billion) bid for the part of Dutch telecom company Royal KPN NV it doesn't already own, in a challenge to a rival offer for KPN's prized German mobile group E-Plus.

    Movil's 2.40 euros per share bid for KPN announced Friday offers a 20 percent premium on Thursday's closing price, valuing the company's stock at around 10.3 billion euros, and the 70 percent it doesn't already own at 7.2 billion euros.

    The offer price is miles above the 1.60 euros KPN's shares were trading at in mid-July before Movil's archrival, Telefonica SA, announced plans to buy E-Plus from KPN for around 8.1 billion euros.

    The Telefonica deal was backed by KPN's management, but many analysts believe Slim, the world's richest man according to Forbes magazine, wants E-Plus for himself. E-Plus has a 15 percent stake in the German market that would be near-impossible to build from scratch.

    ___

    By The Associated Press=

    The Dow Jones Industrial average closed down 72.81 points, or 0.5 percent, to 15,425.51. The Standard & Poor's 500 index lost 6.06 points, or 0.4 percent, to 1,691.42. The Nasdaq composite fell 9.02 points, or 0.3 percent, to 3,660.11.

    Benchmark crude for September delivery gained $2.57, or 2.5 percent, to close at $105.97 per barrel on the New York Mercantile Exchange.

    In other energy futures trading on Nymex, heating oil rose 4 cents to $2.99 a gallon, natural gas fell 7 cents to $3.23 per 1,000 cubic feet and wholesale gasoline rose 5 cents to $2.91 a gallon.

    In London, Brent crude, traded on the ICE Futures exchange, rose $1.54 to $108.22 a barrel.

    Source: http://news.yahoo.com/business-highlights-221928528.html

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