The Lede Blog: A 'Black Bloc' Emerges in Egypt

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While using Twitter to narrate events in Tahrir Square on Friday, people in Egypt described tires burning in the street, protesters blocking traffic and hurling rocks, and police officers launching tear gas in an effort to break up crowds that had gathered to protest against the Muslim Brotherhood and the country’s new Islamist president.

Many of the actions described on Friday appeared to hew to a script that has become familiar over the past two years, but some in the crowds of protesters appeared to be using new tactics, dressing from head to toe in black, covering their faces with bandannas or kerchiefs and brandishing black flags as they skirmished with security forces.

“Asked one of them who they are they said we don’t talk to media but we are black bloc,” wrote ‏the British-Egyptian journalist Sarah Carr, adding that a member of the group had “mentioned anarchism.”

An article filed on Thursday by The Associated Press reported the presence of a “previously unknown group calling itself the black block.” The article continued, “Wearing black masks and waving black banners, it warned the Muslim Brotherhood of using its ‘military wing’ to put down protests.”

Although largely new in Cairo, the term “black bloc” has been used for years in the United States and Europe to describe a tactic commonly used by anarchists and anticapitalists during large-scale political demonstrations that occasionally devolve into street fights with the authorities.

Participants in the bloc typically dress in black to foster a sense of unity and to make it difficult for witnesses to differentiate between individuals. Members of the bloc often blend in with larger groups of protesters, then break away, linking arms as they rush down streets.

In the United States, at least, black bloc members usually eschew violence against people but have few compunctions about damaging property.

The tactic received attention during the 1999 protests in Seattle against the World Trade Organization, when youths dressed in black broke windows and spray-painted graffiti on buildings.

In St. Paul, during the 2008 Republican National Convention, black bloc members roamed through the city smashing bank windows and using hammers to batter a police car.

It is unclear whether there are any connections between American and Egyptian black bloc participants, but the site anarchistnews.org posted a message about occurrences in Cairo, quoting the blog Even If Your Voice Shakes.

Last night, anarchism left the graffitied walls, small conversations, and online forums of Egypt, and came to life in Cairo, declaring itself a new force in the ongoing social revolution sparked two years ago with multiple firebombings against Muslim Brotherhood offices. Later, the government shutdown the “Black Blocairo” and “Egyptian Black Bloc” Facebook pages, but they were soon re-launched.

The site went on to say that Egyptian anarchists had firebombed the Shura Council.

As my colleague Robert Mackey reports, an Egyptian journalist, Sarah El Sirgany, wrote on Twitter, “Vendors tell me it was the Black Block group that attempted to storm the Ikhwan Online building sparking the fight.”

Later, she added, “Now those who had continued the fight are heading to Tahrir, flag of Black Block flying high.”

Opinion on the black bloc in Egypt was not united. In a place where sexual assaults and gropings have become common, one Twitter user, Ghazala Irshad ‏@ghazalairshad, seemed to sound an admiring note: “Egypt’s new Black Bloc (self-proclaimed anti-MB militia) has female members too — just saw one running wearing niqab & angle-length skirt.”

But the activist bloggers Gigi Ibrahim ‏and Adel Abdel Ghafar were more skeptical.

This week a man named Ahmed Ibrahim, who has previously posted YouTube videos that appear to be from Egypt, posted a video titled “Black Bloc Egypt.”

Accompanied by driving music the video shows masked people marching while holding aloft black banners, a black flag with an anarchy symbol and an Egyptian flag.

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How Facebook Passive-Aggressively Dismissed Twitter’s New Vine App

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Facebook has now clarified why it blocked Twitter’s new video-sharing app Vine, suggesting on its developer blog Friday afternoon that Facebook didn’t think much of Vine’s integration — or lack thereof — with the social network. Basically, Twitter’s pseudo GIF-maker thing connected with Facebook, but only so you could “find Friends” — presumably because Twitter wants people to use the app on Twitter. But for the privilege of its people, Facebook wants apps to give back to the network.


RELATED: Facebook Is Already Trying to Break Twitter’s New Toy






Without mentioning Twitter or Vine explicitly, Facebook’s Justin Osofsky explained in the blog post that some apps “are using Facebook to either replicate our functionality or bootstrap their growth in a way that creates little value for people on Facebook, such as not providing users an easy way to share back to Facebook.” How’s that for passive aggression?


RELATED: Uganda Threatens to Shut Down Social Networking


Osofsky points developers to a policy page updated today, which reflects that sentiment by stating: 



Reciprocity and Replicating core functionality: (a) Reciprocity: Facebook Platform enables developers to build personalized, social experiences via the Graph API and related APIs. If you use any Facebook APIs to build personalized or social experiences, you must also enable people to easily share their experiences back with people on Facebook. (b) Replicating core functionality: You may not use Facebook Platform to promote, or to export user data to, a product or service that replicates a core Facebook product or service without our permission.



In short, if apps want access to Facebook’s massive user base of 1 billion-plus friends, they better bring people back to Facebook. And the war raged on.


Social Media News Headlines – Yahoo! News





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Armstrong meeting with USADA appears unlikely

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AUSTIN, Texas (AP) — Lance Armstrong's lawyers say the cyclist will talk more about drug use in the sport, just likely not to the U.S. Anti-Doping Agency that led the effort to strip him of his Tour de France titles.


In a testy exchange of letters and statements revealing the gulf between the two sides, USADA urged Armstrong to testify under oath to help "clean up cycling."


Armstrong's attorneys responded that the cyclist would rather take his information where it could do more good — namely to cycling's governing body and World Anti-Doping Agency officials.


USADA's response to that: "The time for excuses is over."


The letters, obtained Friday by The Associated Press, underscore the continuing feud between Armstrong and USADA CEO Travis Tygart, the man who spearheaded the investigation that uncovered a complex doping scheme on Armstrong's U.S. Postal Service teams.


Armstrong's seven Tour de France victories were taken away last year and he was banned for life from the sport.


In an interview with Oprah Winfrey last week, Armstrong admitted doping, said he owed a long list of apologies and that he would like to see his lifetime ban reduced so he can compete again.


His most realistic avenue toward that might be telling USADA everything he knows in a series of interviews the agency wants started no later than Feb. 6.


That seems unlikely.


Armstrong attorney Tim Herman responded to USADA's first letter, sent Wednesday, by saying his client's schedule is already full, and besides, "in order to achieve the goal of 'cleaning up cycling,' it must be WADA and the (International Cycling Union) who have overall authority to do so."


By Friday night, Herman strongly suggested Armstrong won't meet with USADA at all but intends to appear before the UCI's planned "truth and reconciliation" commission.


"Why would we cooperate (with USADA)?" Herman said in a telephone interview. "USADA isn't interested in cleaning up cycling. Lance has said, 'I'll be the first guy in the chair when cycling is on trial, truthfully, under oath, in every gory detail.' I think he's going testify where it could actually do some good: With the body that's charged with cleaning up cycling," Herman said.


In its last letter to Armstrong, sent Friday evening, USADA attorney William Bock said his agency and WADA work hand-in-hand in that effort.


"Regardless, and with or without Mr. Armstrong's help, we will move forward with our investigation for the good of clean athletes and the future of sport," Bock's letter reads.


The letters confirm a Dec. 14 meeting in Denver involving Armstrong, Tygart and their respective attorneys, which is when, in Tygart's words, Armstrong should have started thinking about a possible meeting with USADA.


"He has been given a deadline of February 6th to determine whether he plans to come in and be part of the solution," Tygart said in a statement. "Either way, USADA is moving forward with our investigation on behalf of clean athletes."


The letters were sent to the AP after details about a Tygart interview with "60 Minutes," being aired Sunday, were made public.


Among Tygart's claims: Armstrong is lying when he says he didn't dope during his 2009-10 comeback.


Tygart said USADA's report on Armstrong's doping included evidence Armstrong was still cheating in those years.


"His comeback was totally clean," Herman said. "It's pretty fashionable to kick Lance Armstrong around right now."


Tygart also reiterated that an Armstrong associate offered USADA a donation of more than $200,000. Armstrong denied that in his interview with Winfrey, too.


In advancing his claim that USADA is only a bit player in the investigation, Herman noted in his letter, sent to USADA on Friday, that most cycling teams are based in Europe.


"I'm pretty sick of people trying to blame a European cycling culture that goes back to the 1920s on one guy," Herman said.


Bock's response to that: "Your suggestion that there is some other body with which Lance should coordinate is misguided," he said in his final letter.


___


AP National Writer Eddie Pells contributed to this report.


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40 Years After Roe v. Wade, Thousands March to Oppose Abortion

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Drew Angerer/The New York Times


Pro-life activists made their way down Constitution Avenue toward the Supreme Court during the March for Life in Washington on Friday.







WASHINGTON — Three days after the 40th anniversary of the decision in Roe v. Wade, the landmark Supreme Court case that legalized abortion, tens of thousands of abortion opponents from around the country came to the National Mall on Friday for the annual March for Life rally, which culminated in a demonstration in front of the Supreme Court building.




On a gray morning when the temperature was well below freezing, the crowd pressed in close against the stage to hear more than a dozen speakers, who included Tony Perkins, the president of the Family Research Council; Representative Diane Black, Republican of Tennessee, who recently introduced legislation to withhold financing from Planned Parenthood, and Senator Rand Paul, Republican of Kentucky; Cardinal Seán Patrick O’Malley of Boston; and Rick Santorum, the former senator from Pennsylvania and Republican presidential candidate.


Mr. Santorum spoke of his wife’s decision not to have an abortion after they learned that their child — their daughter Bella, now 4 — had a rare genetic disorder called Trisomy 18.


“We all know that death is never better, never better,” Mr. Santorum said. “Bella is better for us, and we are better because of Bella.”


Jeanne Monahan, the president of the March for Life Education and Defense Fund, said that the march was both somber and hopeful.


“We’ve lost 55 million Americans to abortion,” she said. “At the same time, I think we’re starting to win. We’re winning in the court of public opinion, we’re winning in the states with legislation.”


Though the main event officially started at noon, the day began much earlier for the participants, with groups in matching scarves engaged in excited chatter on the subway and gaggles of schoolchildren wearing name tags around their necks. Arriving on the Mall, attendees were greeted with free signs (“Defund Planned Parenthood” and “Personhood for Everyone”) and a man barking into a megaphone, “Ireland is on the brink of legalizing abortion, which is not good.”


The march came two months after the 2012 campaign season, in which social issues like abortion largely took a back seat to the focus on the economy. But the issue did come up in Congressional races in which Republican candidates made controversial statements about rape or abortion. In Indiana, Richard E. Mourdock, a Republican candidate for the Senate, said in a debate that he believed that pregnancies resulting from rape were something that “God intended,” and in Illinois, Representative Joe Walsh said in a debate that abortion was never necessary to save the life of the mother because of “advances in science and technology.” Both men lost, hurt by a backlash from female voters.


Recent polls show that while a majority of Americans do not want Roe v. Wade to be overturned entirely, many favor some restrictions. In a Gallup poll released this week, 52 percent of those surveyed said that abortions should be legal only under certain circumstances, while 28 percent said they should be legal under all circumstances, and 18 percent said they should be illegal under all circumstances. In a Pew poll this month, 63 percent of respondents said they did not want Roe v. Wade to be overturned completely, and 29 percent said they did — views largely consistent with surveys taken over the past two decades.


“Most Americans want some restrictions on abortion,” Ms. Monahan said. “We see abortion as the human rights abuse of today.”


Speaker John A. Boehner of Ohio, who spoke via a recorded video, called on the protest group, particularly the young people, to make abortion “a relic of the past.”


“Human life is not an economic or political commodity, and no government on earth has the right to treat it that way,” he said.


The crowd was dotted with large banners, many bearing the names of the attendees’ home states and churches and colleges. Gary Storey, 36, stood holding a handmade sign that read “I was adopted. Thanks Mom for my life.” Next to him stood his adoptive mother, Ellen Storey, 66, who held her own handmade sign with a picture of her six children and the words “To the mothers of our four adopted children, ‘Thank You’ for their lives.”


Mr. Storey said he was grateful for the decision by his biological mother to carry through with her pregnancy. “Beats the alternative,” he joked.


Last week, the Planned Parenthood Federation of America started a new Web site, and on Tuesday, its president, Cecile Richards, released a statement supporting abortion rights.


“Planned Parenthood understands that abortion is a deeply personal and often complex decision for a woman to consider, if and when she needs it,” she said. “A woman should have accurate information about all of her options around her pregnancy. To protect her health and the health of her family, a woman must have access to safe, legal abortion without interference from politicians, as protected by the Supreme Court for the last 40 years.”


This article has been revised to reflect the following correction:

Correction: January 25, 2013

A summary that appeared on the home page of NYTimes.com with an earlier version of this article misstated the day of the march. It took place on Friday, not Thursday.



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Labor Relations Board Rulings Could Be Undone

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By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings. The Obama administration could appeal the court ruling, but no announcement was made on Friday.


If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.


Many Republicans and business groups applauded Friday’s ruling. They often assert that the appointments Mr. Obama made to the board have transformed it into a tool of organized labor. But many Democrats and labor unions say Mr. Obama’s appointments restored ideological balance to the board after it was tipped in favor of business interests under President George W. Bush


Mark G. Pearce, the board’s chairman, issued a statement saying the board disagreed with the ruling and suggested that other appeals courts hearing cases about the constitutionality of Mr. Obama’s appointments could reach a different conclusion.


“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”


Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.


Representative Darrell Issa, a California Republican who is the chairman of the Oversight and Government Reform Committee, issued a statement that urged the recess appointees to “do the right thing and step down.” He added, “To avoid further damage to the economy, the N.L.R.B. must take the responsible course and cease issuing any further opinions until a constitutionally sound quorum can be established.”


The three disputed recess appointees included two Democrats, Sharon Block, deputy labor secretary, and Richard Griffin, general counsel to the operating engineers’ union; and one Republican, Terence Flynn, a counsel to a board member. Mr. Flynn resigned last May after being accused of leaking materials about the group’s deliberations. Another Republican member, Brian Hayes, stepped down when his term expired last month.


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India Ink: India's Next Revolution

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MANY think of India, born of a violent partition in 1947, as itself harboring two identities: a smartphone wielding, English-speaking, fast-growing democracy that prefers macchiatos to masala chai, and a predominantly lower-caste, mystically minded mass of peasants who spend their days herding buffalos and wading through water-clogged rice paddies.


Geographic and class divisions have come to the fore again following the notorious gang rape and murder of a 23-year-old physiotherapy student in New Delhi last month — a case that drew more attention to the status of women in India than any event in recent history.


The sight of thousands of women demanding justice led observers to point to the demonstrations as “a middle-class movement,” akin in style to the Arab Spring. Their power was demonstrated in 2011, when a hunger strike by the anticorruption activist Anna Hazare set off a wave of protests against graft.


Armed with diplomas and aspirations for upward mobility, a rapidly expanding consumer class is said to be driving political activism and, thanks to its media savviness, forcing the government to listen. The woman who was killed fit this narrative: an ambitious college student who had watched “Life of Pi” with a male friend on the night of the attack.


But where does this narrative leave rural women, who make up about 70 percent of India’s female population? There can be no genuine change without them.


After the rape, Mohan Rao Bhagwat, the head of the Hindu nationalist group Rashtriya Swayamsevak Sangh, said: “Such crimes hardly take place in ‘Bharat,’ but occur frequently in ‘India.’ ” Bharat, the Hindi word for India, is, in this view, a rustic idyll where virtuous women keep their bodies covered, and thereby are safe and protected.


Of course, Mr. Bhagwat was swiftly ridiculed. Using the hashtag #Bharat, many posted tongue-in-cheek online comments. One wrote on Facebook: “Don’t live in India. Migrate to Bharat instead.” They noted the persistence of child marriages, domestic violence and sexual assault in what urban Indians still call “the hinterlands.”


With the record now corrected, attention returned to the capital and its middle-class protesters, whose adroit use of Facebook, Twitter and Instagram had captured the world’s imagination. The gulf separating the women of “Bharat” and “India” seemed all too real.


But urban Indian women owe a debt to their rural forebears. In the 1970s, Himalayan women led one of the country’s most successful grass-roots mobilizations, the Chipko movement. By hugging trees destined to become timber, the women protected their soil from erosion, as well as their supplies of water and firewood. They started what many consider India’s first ecological movement.


Rural women have taken the lead in contemporary battles too. Consider the Pink Gang, or Gulabi Gang, based in Bundelkhand, a remote area of central India that is often written off as “lawless” and “bandit plagued.” Founded by Sampat Devi Pal, who was married off around the age of 13, had her first child at 15 and is essentially illiterate, the Pink Gang — an all-women’s vigilante organization estimated to have around 20,000 members, named after their pink saris and batons — gained fame for beating up men who had abused their wives. The gang has fought corrupt politicians and crooked police officers as well. It also runs vocational centers that empower women.


The women of Khairlanji village, in the state of Maharashtra, are another example. In 2006, after a mob raped and killed a mother and daughter from a dalit (lower-caste) family, and also killed two males in their family, lower-caste women used handbills to organize mass protests that swept across the region. “It was an entirely new kind of protest organization,” said S. P. S. Yadav, the police commissioner in Nagpur, one of Maharashtra’s largest cities.


The fate of India’s women will rely on the uniting of rural and urban activism — and there are signs of hope that this is happening. Shuddhabrata Sengupta, an artist with the Raqs Media Collective who has covered the protest for Kafila.org, a political blog, told me the mass movement “cuts across age, experience and class in ways that I don’t think any other mobilization has in recent times.”


A leading activist, Kavita Krishnan, a leader of the All India Progressive Women’s Association, said: “I met many women who work as domestic help at the protests. There were local protests held in working class slums and localities all over Delhi. I know there were protests in far-flung parts of India.”


Previously, when Ms. Krishnan tried to raise awareness about divisive subjects, like the rape of lower-caste women by upper-caste men, “we did not get support,” she recalled. This has changed. “I think that it is rare that you get this moment where people’s ears are wide open and you get an audience that is thinking of the nature of rape. You can’t compare this moment with any previous moment.”


If rape happens in “Bharat” as well as “India,” then the solution will come only from the mobilization of the women of both “nations.” That would be a double blow to bigots like Mr. Bhagwat, who deny that unity is possible, and to the oppression of women across the subcontinent. If anything can unite Indian women across the divide, it is this moment.


“I think there is an element of discovering solidarity with strangers,” Mr. Sengupta says of the movement. “I think it has even taken protesters by surprise.”



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New PlayStation 4 details emerge: 8-core AMD ‘Bulldozer’ CPU, redesigned controller and more

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2013 is a huge year for gamers. Nintendo (NTDOY) just launched the Wii U ahead of the holidays and both Sony (SNE) and Microsoft (MSFT) are expected to issue next-generation consoles before the year is through. We’ve seen plenty of rumors about both systems over the past few months, and the latest comes from Kotaku and focuses on Sony’s PlayStation 4.


[More from BGR: BlackBerry 10 said to be overhyped, RIM’s comeback chances remain slim]






The site claims to have gotten its hands on documents describing Sony’s developer system given to premier partners so they can build games ahead of the next-generation console launch. The specs, if accurate, will obviously line up with the release version of the system. Included in the specs Kotaku is reporting are an AMD64 “Bulldozer” CPU with eight cores total, an AMD GPU, 8GB of system RAM, 2.2GB of video memory, a 160GB hard drive, a Blu-ray drive, four USB 3.0 ports and more.


[More from BGR: Apple: ‘Bent, not broken’]


Sony also reportedly has a redesigned controller in the works that will include a capacitive touch pad.


This article was originally published on BGR.com


Gaming News Headlines – Yahoo! News




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Voice of Te'o prankster? Couric plays voicemails

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NEW YORK (AP) — The person Manti Te'o says was pretending to be his online girlfriend told the Notre Dame linebacker "I love you" in voicemails that were played during his interview with Katie Couric.


Taped earlier this week and broadcast Thursday, the hour-long talk show featured three voicemails that Te'o claims were left for him last year. Te'o said they were from the person he believed to be Lennay Kekua, a woman he had fallen for online but never met face-to-face.


After the first message was played, Te'o said: "It sounds like a girl, doesn't it?"


"It does," Couric responded.


The interview was the All-American's first on camera since his tale of inspired play after the deaths of his grandmother and girlfriend on the same day in September unraveled as a bizarre hoax in an expose by Deadspin.com on Jan. 16.


Te'o's parents appeared with him for part of the interview and backed up his claim that he wasn't involved in the fabrication, saying they, too, had spoken on the phone with a person they believed to be Kekua.


Couric addressed speculation that the tale was concocted by Te'o as a way to cover up his sexual orientation. Asked if he were gay, Te'o said "no" with a laugh. "Far from it. Faaaar from that."


He also said he was "scared" and "didn't know what to do" after receiving a call on Dec. 6 — two days before the Heisman Trophy presentation — from a person who claimed to be his "dead" girlfriend.


The first voicemail, he said, was from what was supposed to be Kekua's first day of chemotherapy for leukemia.


"Hi, I am just letting you know I got here and I'm getting ready for my first session and, um, just want to call you to keep you posted. I miss you. I love you. Bye," the person said.


In the second voicemail, the person was apparently upset by someone else answering Te'o's phone.


The third voicemail was left on Sept. 11, according to Te'o, the day he believed Kekua was released from the hospital and the day before she "died."


"Hey babe, I'm just calling to say goodnight," the person on the voicemail said. "I love you. I know that you're probably doing homework or you're with the boys. ... But I just wanted to say I love you and goodnight and I'll be ok tonight. I'll do my best. Um, yeah, so get your rest and I'll talk to you tomorrow. I love you so much, hon. Sweet dreams."


Couric suggested the person who left those messages might have been Ronaiah Tuisasosopo, a 22-year-old man from California, who Te'o said has apologized to him for pulling the hoax.


"Do you think that could have been a man on the other end of the phone?" she asked.


"Well, it didn't sound like a man," Te'o said. "It sounded like a woman. If he somehow made that voice, that's incredible. That's an incredible talent to do that. Especially every single day."


Tuiasosopo has not spoken publicly since news of the hoax broke. The Associated Press has learned that a home in California where Te'o sent flowers to the Kekua family was once a residence of Tuiasosopo and has been in his family for decades.


Also on Thursday, the woman whose pictures were used in fake online accounts for Kekua said Tuiasosopo confessed to her in a 45-minute phone conversation as the scheme unraveled.


Diane O'Meara spoke with The Associated Press in a telephone interview. She said Tuiasosopo told her he'd been "stalking" her Facebook profile for five years and stealing photos.


O'Meara's attorney, Jim Artiano, said they had not decided on whether to take any legal action.


The 23-year-old O'Meara, of Long Beach, Calif., said she knew Tuiasosopo from high school and he contacted her through Facebook on Dec. 16. She said that, over the next three weeks, Tuiasosopo got in touch with her several times, attempting to get photos and video of O'Meara. She said he made up a story about wanting them to help cheer up a cousin who was injured in a car crash.


O'Meara learned her identity had been stolen on Jan. 13 when she was contacted by Deadspin.com.


The next day she got in touch with Tuiasosopo.


"When I contacted Ronaiah I got a very bizarre vibe from him, he became very nervous, he wasn't asking the questions I expected. He was asking 'Who contacted you? What did they say?'" O'Meara said.


Later that day, he confessed, O'Meara said. She said she asked Tuiasosopo why he didn't simply stop the hoax.


"He told me he wanted to end the relationship," O'Meara said. "He said he wanted to stop the relationship between Lennay and Manti, but Manti didn't want Lennay to break up with him ... He said he tried to stop the game many times."


When news of the hoax broke a few days later, O'Meara said she received a text from Tuiasosopo asking her to call him as soon as possible. O'Meara said she didn't respond.


___


Associated Press writer Tami Abdollah contributed to this report from Los Angeles.


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HCA Must Pay Kansas City Foundation $162 Million

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HCA, the nation’s largest profit-making hospital chain, was ordered on Thursday to pay $162 million after a judge in Missouri ruled that it had failed to abide by an agreement to make improvements to dilapidated hospitals that it bought in the Kansas City area several years ago.




The judge also ordered a court-appointed accountant to determine whether HCA had actually provided the levels of charitable care that it agreed to at the time.


The ruling came in response to a suit filed in 2009 by a community foundation that was created when HCA acquired the hospitals. Among other things, the foundation was responsible for ensuring that HCA met the obligations outlined in the deal.


The dispute in Kansas City is the second time in recent years that HCA has come under legal fire from officials in communities that sold troubled nonprofit community hospitals to HCA.


In another dispute in New Hampshire in 2011, a judge ruled in HCA’s favor, deciding that Portsmouth Regional Hospital would remain part of HCA after community leaders tried to regain control. During testimony in a 2011 trial, a former hospital official claimed he had difficulties getting HCA to pay for what he and others described as critical equipment and facility upgrades.


In an e-mailed statement, a spokesman for HCA said the company was disappointed in the court’s ruling and intended to appeal. He also added that the two cases were “rare exceptions” and that the company had enjoyed positive relationships with communities across the country.


The suit is among several problems for HCA. The company disclosed last year, for example, that the United States attorney’s office in Miami had subpoenaed documents as part of an inquiry to determine whether unnecessary cardiology procedures had been performed at HCA hospitals in Florida and elsewhere. At stake in that case is whether HCA inappropriately billed Medicare and private insurers for the procedures. HCA has denied any wrongdoing.


Financially, Thursday’s judgment is a slap on the wrist for HCA, which posted net income of $360 million in just the third quarter of last year. But the ruling may reverberate beyond HCA as communities across the country put their troubled nonprofit hospitals up for sale.


In many cases, the buyers with the deepest pockets have been profit-making hospital chains that want to convert the community hospitals to profit status, typically agreeing to spend money to fix them and to maintain certain levels of charitable care in the community.


In 2011, for instance, Vanguard Health Systems, which went public that year and has as its largest shareholder the private equity firm Blackstone Group, bought eight hospitals in Detroit. As part of that deal, Vanguard Health agreed to spend $850 million over five years to fix and maintain the hospitals.


The trouble in the Kansas City area began a year after HCA acquired a dozen hospitals from Health Midwest in 2003 for $1.125 billion. As part of the deal, HCA agreed to make $300 million in capital improvements in the first two years and an additional $150 million in the following three. The hospital chain also agreed to maintain the levels of care that had been provided to low-income individuals and families in the area for 10 years.


But when the members of the Health Care Foundation of Greater Kansas City, a nonprofit created from the proceeds of the sale of the hospital, received their first report from HCA in 2004 they discovered the hospital was already way behind.


Of the $300 million it was supposed to spend in the first two years, its own documents showed it had spent only about $50 million, according to Mark G. Flaherty, one of the founding members of the foundation and its general counsel.


HCA’s reports to the foundation also indicated that the level of charitable care it provided at the system’s large inner-city hospital had fallen while charitable care provided at the more affluent suburban hospital had risen sharply, Mr. Flaherty said.


“That was a big red flag to us,” he said.


After repeatedly asking HCA executives for explanations but receiving none, the foundation sued HCA in 2009. The case went to trial for several weeks in 2011.


HCA argued in the trial that it had met its obligation to spend money on hospital facilities by building two new hospitals at a cost of hundreds of millions of dollars, rather than repairing older facilities. But Judge John Torrence of Jackson County Circuit Court ruled that the agreement called for improvements to existing hospitals.


He said HCA still owed $162 million of the $300 million it had agreed to spend between 2003 and 2005. He then named a court-appointed forensic accountant to determine whether HCA had met its other capital commitments and whether it provided the charitable care it had said it would.


HCA’s own written statements claimed “differing amounts,” the judge wrote in his ruling. One HCA report said it provided $48 million in charitable care to the area in 2009 while another report on its Web site said it provided more than $87 million. The annual report to the foundation claimed it provided $185 million in uncompensated and charity care that year, the judge wrote.


During the trial, when asked about the widely differing numbers, the president of HCA’s Midwest division and other HCA executives had no explanation.


The money will be paid to the foundation, which will use it to create grants to provide care for uninsured or underinsured families in the area. It is unclear whether the spending on improvements will occur.


Depending on what the court-appointed accountant discovers, HCA may owe even more money, said Paul Seyferth of Seyferth Blumenthal & Harris, which represents the foundation.


“We think they’re going to have a tremendously difficult time convincing anybody that they spent what they claim they spent,” Mr. Seyferth said.


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Storm-Damaged Homes Mean Lower Property Tax Revenues in New York Region

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Localities across the New York region, already reeling from the cost of cleaning up from Hurricane Sandy, are confronting the prospect of an even bigger blow to their finances: a precipitous decline in property tax revenues.




The storm damaged tens of billions of dollars’ worth of real estate, especially in coastal areas of Long Island and New Jersey. As a result, localities can no longer expect to reap the same taxes from properties that have lost much of their value — in some cases, permanently.


Without new revenues, state and local officials and Wall Street analysts said, these areas may have to make deep cuts in spending on schools, police and fire departments and other services. They also may be hard-pressed to finance rebuilding.


“Absolutely, this is going to be devastating for several years,” said Ester Bivona, former president of the New York State Receivers and Collectors Association, which represents local tax officials.


The Division of Local Government Services in New Jersey estimated this month that more than a dozen municipalities in the state could lose at least 10 percent of their tax bases. About another 10 face a drop between 5 percent and 10 percent, state and local officials said.


Among the worst hit is Toms River, one of New Jersey’s largest municipalities, with 90,000 people. It recently warned Wall Street that property tax receipts could drop 10 percent to 15 percent, according to its financial disclosure documents.


Down the coast, the tiny borough of Tuckerton lost close to 20 percent of its property tax base. In Sea Bright, nearly half the homes are uninhabitable.


The situation is similar on Long Island, according to interviews with officials there.


The village of Freeport in Nassau County expects that many of its 15,000 homeowners will qualify for reductions in property tax bills, erasing at least 5 percent of property tax revenues and probably far more.


Experts said the looming revenue crisis for localities in the region underscores how natural disasters can have a profound effect long after the debris is gone.


If localities try to raise overall tax rates to make up for looming deficits, they may touch off a backlash from homeowners with undamaged properties.


“My thing is to encourage property owners to not seek reassessments because you’re going to pay on one end or the other,” said Andrew Hardwick, Freeport’s mayor. “If too many people seek reassessment and are successful with it, that means, how do you pay the bills on the other end? You raise the taxes again? It doesn’t make sense.”


Some localities, like Long Beach, on Long Island, had shaky finances before the storm and are now in deeper trouble, according to local budget records. But many others had been on solid financial ground.


Two major bond-rating agencies, Moody’s Investors Service and Standard & Poor’s, have expressed concerns in recent weeks about the fiscal stability of numerous municipalities in the region.


New York City and county governments in New York are far less reliant on property taxes than localities, so they are expected to have an easier time weathering a drop in the value of the tax base caused by storm damage. The city, for example, has its own income and business taxes.


What’s more, the city and county governments in both states have a much broader property tax base than small localities.


The $50.7 billion Hurricane Sandy relief bill approved this month by the House of Representatives provides up to $300 million in low-interest loans for localities facing shortfalls. The Senate has supported a similar provision in its own relief package.


But some local officials said such financing was not nearly enough. States themselves have not yet sent aid, and senior state officials said they were not inclined to do so until federal money was exhausted.


“It’s a pretty inescapable conclusion that there will be an impact on the tax base,” said Michael Drewniak, chief spokesman for Gov. Chris Christie of New Jersey.


“In many instances, we had homes completely wiped out or severely damaged to the point they were rendered uninhabitable,” Mr. Drewniak said. “That left behind rebuildable land but, in the meantime, no ‘improvements’ to tax. In other cases, people may find it cost prohibitive to rebuild at all, depending on their individual circumstances.”


It could be a year or two before the aftereffects are fully understood, given that localities will have to assess damaged properties before lowering property taxes on them.


Griff Palmer contributed reporting.



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