U.S. Will Recognize Syrian Rebels, Obama Says





WASHINGTON — President Obama said Tuesday that the United States would formally recognize a coalition of Syrian opposition groups as that country’s legitimate representative, in an attempt to intensify the pressure on President Bashar al-Assad to give up his nearly two-year bloody struggle to stay in power.







Manu Brabo/Associated Press

Opposition fighters looked at a Syrian Army jet on Tuesday.






Mr. Obama’s announcement, in an interview with Barbara Walters of ABC News on the eve of a meeting in Morocco of the Syrian opposition leaders and their supporters, was widely expected.


But it marks a new phase of American engagement in a bitter conflict that has claimed at least 40,000 lives, threatened to destabilize the broader Middle East and defied all outside attempts to end it. The United States had for much of the civil war largely sat on the sidelines, only recently moving more energetically as it appeared the opposition fighters were beginning to gain momentum — and radical Islamists were playing a growing role.


Experts and many Syrians, including rebels, say the move may well be too little, too late. They note that it is not at all clear if this group will be able to coalesce into a viable leadership, if it has any influence over the fighters waging war with the government or if it can roll back widespread anger at the United States.


“The recognition is designed as a political shot in the arm for the opposition,” said Andrew J. Tabler, a senior fellow and Syrian expert at the Washington Institute for Near East Policy. “But it’s happening in the context of resentment among the Syrian opposition, especially armed elements, of the White House’s lack of assistance during the Syrian people’s hour of need. This is especially true among armed groups.”


The announcement puts Washington’s political imprimatur on a once-disparate band of opposition groups, which have begun to coalesce under pressure from the United States and its allies, to develop what American officials say is a credible transitional plan to govern Syria if Mr. Assad is forced out.


Moreover, it draws an even sharper line between those elements of the opposition that the United States champions and those it rejects. The Obama administration coupled its recognition with the designation hours earlier of a militant Syrian rebel group, the Nusra Front, as a foreign terrorist organization, affiliated with Al Qaeda.


“Not everybody who is participating on the ground in fighting Assad are people that we are comfortable with,” Mr. Obama said in an interview on the ABC program “20/20.” “There are some who I think have adopted an extremist agenda, an anti-U.S. agenda.”


But Mr. Obama praised the opposition, known formally as the National Coalition of Syrian Revolutionary and Opposition Forces, for what he said was its inclusiveness, its openness to various ethnic and religious groups, and its ties to local councils involved in the fighting against Mr. Assad’s security forces.


“At this point we have a well-organized-enough coalition — opposition coalition that is representative — that we can recognize them as the legitimate representative of Syrian people,” he said.


The United States is not the first to make this step. Britain, France, Turkey and the Gulf Cooperation Council have also recognized the Syrian opposition group. But experts note that the support has done nothing to change the military equation inside Syria, where Mr. Assad has stubbornly clung to power despite gains by rebel fighters. Mr. Assad continues to rely on air power and artillery to pummel rebel positions even as fighting has spread into his stronghold of Damascus.


Mr. Obama notably did not commit himself to providing arms to the rebels or to supporting them militarily with airstrikes or the establishment of a no-fly zone, a stance that has led to a rise of anti-American sentiment among many of the rebels.


That is the kind of half-step that has led to mounting frustration in Syria, peaking this week with the blacklisting of the Nusra Front. Far from isolating the group, interviews with Syrian rebels and activists show, it has for now appeared to do the opposite. It has united a broad spectrum of the opposition — from Islamist fighters to liberal and nonviolent activists who fervently oppose them — in anger and exasperation with the United States.


The United States has played an active role behind the scenes in shaping the opposition, insisting that it be broadened and made more inclusive. But until Mr. Obama’s announcement, the United States had held off on formally recognizing the opposition, asserting that it wanted to use the lure of recognition to encourage the rebel leaders to flesh out their political structure and fill important posts.


Mark Landler and Michael R. Gordon reported from Washington, and Anne Barnard from Beirut, Lebanon. Hania Mourtada contributed reporting from Beirut.



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U.S. Designates Syrian Al Nusra Front as Terrorist Group


Manu Brabo/Associated Press


Syrian Army defectors were detained by Syrian rebel fighters while their identities were investigated Monday in the village of Azaz, near the Turkish border.







WASHINGTON — The United States has formally designated the Al Nusra Front, the militant Syrian rebel group, as a foreign terrorist organization.




The move, which was expected, is aimed at building Western support for the rebellion against the government of President Bashar al-Assad by quelling fears that money and arms meant for the rebels would flow to a jihadi group.


The designation was disclosed on Monday in the Federal Register, just before an important diplomatic meeting Wednesday in Morocco on the political transition if Mr. Assad is driven from power. The notice in the register lists the Al Nusra front as one of the “aliases” of Al Qaeda in Iraq.


In practical terms, the designation makes it illegal for Americans to have financial dealings with the group. It is intended to prompt similar sanctions by other nations, and to address concerns about a group that could further destabilize Syria and harm Western interests.


France, Britain, Turkey and the Gulf Cooperation Council have formally recognized the Syrian opposition. European Union foreign ministers met Monday with the head of the Syrian opposition coalition, Ahmed Mouaz al-Khatib, in Brussels.


British Foreign Secretary William Hague said that he hoped the European Union would soon grant the group full recognition.


The Al Nusra Front comprises only a small minority of the Syrian rebels, but it includes some of the rebellion’s most battle-hardened and effective fighters.


“Extremist groups like Jabhat al-Nusra are a problem, an obstacle to finding the political solution that Syria’s going to need,” the American ambassador to Syria, Robert Ford, said last week in an appearance hosted by the Foundation for the Defense of Democracies, a nongovernmental group.


But a growing number of anti-government groups — including fighters in the loose-knit Free Syrian Army that the United States is trying to bolster — have signed petitions or posted statements online in recent days expressing support for the Nusra Front. In keeping with a tradition throughout the uprising of choosing themes for Friday protests, the biggest day for demonstrations because it coincides with Friday Prayer, many called for this Friday’s title to be “No to American intervention — we are all Jabhet al-Nusra.”


Many Syrian fighters consider the Nusra Front a key ally because of its fighters’ bravery and reliable supply of money and arms. It has never come under the banner of the Free Syrian Army, shunning the Western aid and input that other groups have sought, but it coordinates closely with many who do.


Adding to the complication is that some groups in the Free Syrian Army have similar ideologies, follow the strict Salafist interpretation of Islam, and count among them fighters who joined the insurgency in Iraq — though they are not known to share the Nusra Front’s direct organizational connections to Al Qaeda in Iraq.


The Nusra Front celebrated another apparent battlefield achievement on Monday, declaring it had captured part of a large base outside the commercial hub of Aleppo. Activist groups and video posted online said that it had fought alongside other Islamic battalions including the Mujahedeen Shura Council and the Muhajireen Group.


The Syrian Observatory for Human Rights, a British-based group that tracks events in Syria through a network of activists in the country, said that the rebels had taken control of the command center of the sprawling base and that many soldiers had fled. Videos showed gunmen taking possession of tanks and anti-aircraft weapons.


The decision to designate the group, the register noted, was made by Secretary of State Hillary Rodham Clinton on Nov. 20, in consultation with Attorney General Eric H. Holder Jr., and Treasury Secretary Timothy F. Geithner.


The State Department appeared to delay the publication of the decision to synchronize it with the expected announcement in Morocco that the United States will formally recognize the Syrian opposition. The United States closed its embassy in Damascus in February because of escalating violence in the capital.


Because Mrs. Clinton is not feeling well, she will not travel to North Africa and the Middle East this week as planned. Deputy Secretary of State William J. Burns will lead the United States delegation at the Morocco meeting, an aide to Mrs. Clinton said Monday.


Michael R. Gordon reported from Washington and Anne Barnard from Beirut, Lebanon.



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Huawei to Open Research Center in Finland





PARIS — Huawei Technologies, a Chinese maker of telecommunications equipment, said on Monday that it planned to open a research and development center in Helsinki next year, accelerating its investments in Europe, where its business is expanding rapidly.


The move illustrates a trans-Atlantic difference in attitudes toward Huawei. The company has been largely shut out of the United States market for network gear because of Congressional concerns about possible security threats — fears the company insists are unfounded.


While Huawei has faced difficulties in some European markets, like France, it has done better elsewhere. Huawei employs more than 7,000 people in the region, and it says that total could double in the next three to five years. Huawei already has a research center in Italy and is studying the possibility of opening one in Spain. It also recently announced a $2 billion investment in Britain.


The planned center in Helsinki, involving an investment of 70 million euros, or about $90 million, will work on smartphone development, including features like user interfaces and power management, the company said. When the center opens next year, it will employ 30 people, but this could grow to 100 over the next five years, the company said.


The announcement is a plus for the Finnish technology industry, which has been suffering from the woes at Nokia. The company was once the world’s biggest cellphone maker, but its market share has fallen sharply in recent years.


“The open and innovative environment in Finland,” Huawei said, “is an ideal place for Huawei to strengthen our global R.& D. capabilities for devices, creating opportunities for both Huawei and the Finnish telecommunications industry.”


Huawei has been known mostly for its network equipment, but the company is pushing to make a name for itself with its handsets.


Mobile devices accounted for 22 percent of its revenue last year, an increase of 37 percent. That compares with growth of 12 percent for the overall business.


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Concussion Liability Issues Could Stretch Beyond N.F.L.


Paul Kitagaki Jr./The Sacramento Bee, via Associated Press


Insurers could raise premiums with a higher risk of lawsuits for concussions, like the one 49ers quarterback Alex Smith sustained a month ago.







As the N.F.L. confronts a raft of lawsuits brought by thousands of former players who accuse the league of hiding information about the dangers of concussions, a less visible battle that may have a more widespread effect in the sport is unfolding between the league and 32 of its current and former insurers.




The dispute revolves around how much money, if any, the insurers are obliged to pay for the league’s mounting legal bills and the hundreds of millions of dollars in potential damages that might stem from the cases brought by the retired players.


Regardless of how it is resolved, the dispute could hurt teams, leagues and schools at all levels if insurers raise premiums to compensate for the increased risk of lawsuits from the families of people who play hockey, lacrosse and other contact sports.


The N.F.L., which generates about $9 billion a year, may be equipped to handle these legal challenges. But colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and requiring players to sign away their right to sue coaches and schools. Some schools and leagues may even shut down teams because the expense and legal risk are too high.


“Insurers will be tightening up their own coverage and make sports more expensive,” said Robert Boland, who teaches sports law at New York University. “It could make the sustainability of certain sports a real issue.”


The N.F.L. contends that the insurers, some of whom wrote policies in the 1960s, have a duty to defend the league, which has paid them millions of dollars in premiums. The question for the N.F.L. is not whether the insurers are required to help the league, but rather what percent of the league’s expenses each insurer is obliged to cover.


The 32 insurance companies have varying arguments against the league. Some wrote policies for a limited number of years and contend their obligations should also be limited. Others contend they wrote policies for the N.F.L.’s marketing arm — for licensing disputes, for example — not the league itself.


A few of the companies went bankrupt or merged with rivals. Some insurers wrote primary policies that covered up to the first $1 million of claims; the rest insured obligations in excess of that amount.


Creating a formula for how to apportion liability will in some cases depend on the broader case between the league and its players now in federal court in Pennsylvania. If the N.F.L. persuades the judge to dismiss the case, the league will be left trying to recoup its legal costs from the insurers. If the judge allows the players’ case to proceed, the definitions of when, how and whether a player’s concussions led to his illness will become critical in shaping the insurers’ exposure, and could take years to sort out.


“This is baby step 1 in the process for everyone figuring how deep in the soup they are,” said Christopher Fusco, a lawyer who has worked on similar insurance cases but is not involved in the N.F.L. litigation. “Baby step 2 will be to figure out the facts.”


Fusco and other lawyers said the facts would largely come from the underlying suit between the league and the more than 3,000 retired players, including determining when the players sustained the head trauma and their injuries. This will probably be a long process because many of the retired players in the underlying suit, some of whom are now having memory loss, played decades ago, when concussions were often undiagnosed or not recorded.


Many of the insurance companies named in the suits declined to comment, citing the continuing litigation. The N.F.L. also did not comment.


The two-tiered battle between the league and its former players and insurers echoes the litigation stemming from asbestos claims because both cases center on long-tail claims, or injuries that could take years to manifest themselves.


One of the critical points of contention in those cases was how to define an occurrence to determine an insurer’s liability. In the context of the N.F.L. case, the question will be whether a player’s injuries should be treated as a single claim or a series of claims based on the number of concussions he received or the number of seasons he played.


“This is an issue that gets to the crux of asbestos and environmental litigation,” said William M. Wilt, the president of Assured Research, an insurance advisory firm. “If an occurrence is defined as each player and each season he played, you could hit the policy limits multiple times.”


Read More..

Concussion Liability Issues Could Stretch Beyond N.F.L.


Paul Kitagaki Jr./The Sacramento Bee, via Associated Press


Insurers could raise premiums with a higher risk of lawsuits for concussions, like the one 49ers quarterback Alex Smith sustained a month ago.







As the N.F.L. confronts a raft of lawsuits brought by thousands of former players who accuse the league of hiding information about the dangers of concussions, a less visible battle that may have a more widespread effect in the sport is unfolding between the league and 32 of its current and former insurers.




The dispute revolves around how much money, if any, the insurers are obliged to pay for the league’s mounting legal bills and the hundreds of millions of dollars in potential damages that might stem from the cases brought by the retired players.


Regardless of how it is resolved, the dispute could hurt teams, leagues and schools at all levels if insurers raise premiums to compensate for the increased risk of lawsuits from the families of people who play hockey, lacrosse and other contact sports.


The N.F.L., which generates about $9 billion a year, may be equipped to handle these legal challenges. But colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and requiring players to sign away their right to sue coaches and schools. Some schools and leagues may even shut down teams because the expense and legal risk are too high.


“Insurers will be tightening up their own coverage and make sports more expensive,” said Robert Boland, who teaches sports law at New York University. “It could make the sustainability of certain sports a real issue.”


The N.F.L. contends that the insurers, some of whom wrote policies in the 1960s, have a duty to defend the league, which has paid them millions of dollars in premiums. The question for the N.F.L. is not whether the insurers are required to help the league, but rather what percent of the league’s expenses each insurer is obliged to cover.


The 32 insurance companies have varying arguments against the league. Some wrote policies for a limited number of years and contend their obligations should also be limited. Others contend they wrote policies for the N.F.L.’s marketing arm — for licensing disputes, for example — not the league itself.


A few of the companies went bankrupt or merged with rivals. Some insurers wrote primary policies that covered up to the first $1 million of claims; the rest insured obligations in excess of that amount.


Creating a formula for how to apportion liability will in some cases depend on the broader case between the league and its players now in federal court in Pennsylvania. If the N.F.L. persuades the judge to dismiss the case, the league will be left trying to recoup its legal costs from the insurers. If the judge allows the players’ case to proceed, the definitions of when, how and whether a player’s concussions led to his illness will become critical in shaping the insurers’ exposure, and could take years to sort out.


“This is baby step 1 in the process for everyone figuring how deep in the soup they are,” said Christopher Fusco, a lawyer who has worked on similar insurance cases but is not involved in the N.F.L. litigation. “Baby step 2 will be to figure out the facts.”


Fusco and other lawyers said the facts would largely come from the underlying suit between the league and the more than 3,000 retired players, including determining when the players sustained the head trauma and their injuries. This will probably be a long process because many of the retired players in the underlying suit, some of whom are now having memory loss, played decades ago, when concussions were often undiagnosed or not recorded.


Many of the insurance companies named in the suits declined to comment, citing the continuing litigation. The N.F.L. also did not comment.


The two-tiered battle between the league and its former players and insurers echoes the litigation stemming from asbestos claims because both cases center on long-tail claims, or injuries that could take years to manifest themselves.


One of the critical points of contention in those cases was how to define an occurrence to determine an insurer’s liability. In the context of the N.F.L. case, the question will be whether a player’s injuries should be treated as a single claim or a series of claims based on the number of concussions he received or the number of seasons he played.


“This is an issue that gets to the crux of asbestos and environmental litigation,” said William M. Wilt, the president of Assured Research, an insurance advisory firm. “If an occurrence is defined as each player and each season he played, you could hit the policy limits multiple times.”


Read More..

DealBook: HSBC to Pay $1.92 Billion Fine to Settle Charges Over Laundering

2:07 a.m. | Updated

State and federal authorities decided against indicting HSBC in a money-laundering case over concerns that criminal charges could jeopardize one of the world’s largest banks and ultimately destabilize the global financial system.

Instead, authorities on Tuesday announced a record $1.92 billion settlement with HSBC. The bank, which is based in Britain, faces accusations that it transferred billions of dollars for nations like Iran and enabled Mexican drug cartels to move money illegally through its American subsidiaries.

HSBC said on Tuesday that it had “reached agreement with United States authorities in relation to investigations regarding inadequate compliance with anti-money laundering and sanctions laws.” The bank also expected to reach an agreement “shortly” with the Financial Services Authority, the British regulator.

“We accept responsibility for our past mistakes,’’ HSBC’s Chief Executive, Stuart Gulliver, said in the statement. “We are committed to protecting the integrity of the global financial system. To this end, we will continue to work closely with governments and regulators around the world.”

While the settlement with HSBC is a major victory for the government, the case raises questions about whether certain financial institutions, having grown so large and so interconnected, are too big to indict. Four years after the failure of Lehman Brothers nearly toppled the financial system, regulators are still wary that a single institution could undermine the recovery of the industry and the economy.

But the threat of criminal prosecution acts as a powerful deterrent. If authorities signal such actions are remote for big banks, the threat could lose its sting.

Behind the scenes, authorities debated for months the advantages and perils of a criminal indictment against HSBC.

Some prosecutors at the Justice Department’s criminal division and the Manhattan district attorney’s office wanted the bank to plead guilty to violations of the federal Bank Secrecy Act, according to the officials with direct knowledge of the matter, who spoke on the condition of anonymity. The law forces financial institutions to report any cash transaction of $10,000 or more and requires banks to bring any dubious activity to the attention of regulators.

Given the extent of the evidence against HSBC, some prosecutors saw the charge as a healthy compromise between a settlement and a harsher money-laundering indictment. While the charge would most likely tarnish the bank’s reputation, some officials argued that it would not set off a series of devastating consequences.

A money-laundering indictment, or a guilty plea over such charges, would essentially be a death sentence for the bank. Such actions could cut off the bank from certain investors like pension funds and ultimately cost it its charter to operate in the United States, officials said.

Despite the Justice Department’s proposed compromise, Treasury Department officials and bank regulators at the Federal Reserve and the Office of the Comptroller of the Currency pointed to potential issues with the aggressive stance, according to the officials briefed on the matter. When approached by the Justice Department for their thoughts, the regulators cautioned about the impact on the broader economy.

“The Justice Department asked Treasury for our view about the potential implications of prosecuting a large financial institution,” David S. Cohen, the Treasury’s under secretary for terrorism and financial intelligence, said in a statement. “We did not believe we were in a position to offer any meaningful assessment. The decision of how the Justice Department exercises its prosecutorial discretion is solely theirs and Treasury had no role.”

Still, some prosecutors proposed that Attorney General Eric H. Holder Jr. meet with Treasury Secretary Timothy F. Geithner, people briefed on the matter said. The meeting never took place.

After months of discussions, prosecutors decided against a criminal indictment, but only after securing record penalties and wide-ranging sanctions.

The HSBC deal includes a deferred prosecution agreement with the Manhattan district attorney’s office and the Justice Department. The deferred prosecution agreement, a notch below a criminal indictment, requires the bank to forfeit more than $1.2 billion and pay about $700 million in fines, according to the officials briefed on the matter. The case, officials say, will claim violations of the Bank Secrecy Act and Trading with the Enemy Act.

As part of the deal, one of the officials briefed on the matter said, HSBC must also strengthen its internal controls and stay out of trouble for the next five years. If the bank again runs afoul of the federal rules, the Justice Department can resume its case and file a criminal indictment. An independent auditor also will monitor the bank’s progress to strengthen its internal controls, and will make regular assessments on the firm’s progress.

The HSBC case is part of a sweeping investigation into the movement of tainted money through the American financial system. In 2010, Lanny A. Breuer, the head of the Justice Department’s criminal division, created a money-laundering task force that has collected more than $2 billion in fines from banks, a number that is set to double with the HSBC case.

The inquiry — led by the Justice Department, the Treasury and the Manhattan prosecutors — has ensnared six foreign banks in recent years, including Credit Suisse and Barclays. In June, ING Bank reached a $619 million settlement to resolve claims that it had transferred billions of dollars in the United States for countries like Cuba and Iran that are under United States sanctions.

On Monday, federal and state authorities also won a $327 million settlement from Standard Chartered, a British bank. Standard, which in September agreed to a larger settlement with New York’s top banking regulator, admitted processing thousands of transactions for Iranian and Sudanese clients through its American subsidiaries. To avoid having Iranian transactions detected by Treasury Department computer filters, Standard Chartered deliberately removed names and other identifying information, according to the authorities.

“You can’t do it. It’s against the law, and today Standard Chartered is being held to account,” Mr. Breuer said in an interview.

HSBC’s actions stand out among the foreign banks caught up in the investigation, according to several law enforcement officials with knowledge of the inquiry. Unlike those of institutions that have previously settled, HSBC’s activities are said to have gone beyond claims that the bank flouted United States sanctions to transfer money on behalf of nations like Iran. Prosecutors also found that the bank had facilitated money laundering by Mexican drug cartels and had moved tainted money for Saudi banks tied to terrorist groups.

HSBC was thrust into the spotlight in July after a Congressional committee outlined how the bank, between 2001 and 2010, “exposed the U.S. financial system to money laundering and terrorist financing risks.” The Permanent Subcommittee on Investigations held a subsequent hearing at which the bank’s compliance chief resigned amid mounting concerns that senior bank officials were complicit in the illegal activity. For example, an HSBC executive at one point argued that the bank should continue working with the Saudi Al Rajhi bank, which has supported Al Qaeda, according to the Congressional report.

Despite repeated urgings from federal officials to strengthen protections in its vast Mexican business, HSBC instead viewed the country from 2000 to 2009 as low-risk for money laundering, the Senate report found. Even after HSBC’s Mexican operation transferred more than $7 billion to the United States — a volume that law enforcement officials said had to be “illegal drug proceeds” — lax controls remained.

HSBC has since moved to bolster its safeguards. The bank doubled its spending on compliance functions and revamped its oversight, according to a spokesman. In January, HSBC hired Stuart A. Levey as chief legal officer to come up with stricter internal standards to thwart the illegal flow of cash. Mr. Levey was formerly an under secretary at the Treasury Department who focused on terrorism and financial intelligence.

On Monday, the bank said it was promoting Robert Werner, who oversaw the group at the Treasury Department that enforces sanctions, to run a specially created division focused on anti-money laundering efforts.

Regulators have also vowed to improve. The Congressional hearings exposed weaknesses at the Office of the Comptroller of the Currency, the national bank regulator. In 2010, the regulator found that HSBC had severe deficiencies in its anti-money laundering controls, including $60 trillion in transactions and 17,000 accounts flagged as potentially suspicious, activities that were not reviewed. Despite the findings, the regulator did not fine the bank.

During the hearings this summer, lawmakers blasted the regulator. At one point, Senator Tom Coburn, Republican of Oklahoma, called the comptroller “a lapdog not a watchdog.”

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India Ink: A Conversation With: Human Rights Activist Binayak Sen

Binayak Sen, 62, is no ordinary doctor. Few doctors, after all, spend three decades working in a region threatened by what Prime Minister Manmohan Singh called the “single biggest internal security challenge ever faced” by the country. And that was before Dr. Sen was jailed on charges of “waging a war against the state,” which prompted a group of Nobel laureates to petition for his release.

Dr. Sen was released in 2009, after spending two years in jail, but still faces charges of supporting the Maoists, also referred to as Naxalites, which he denies.

The Maoists have been leading an armed movement to capture political power in 13 states in India over four decades, and claim to be fighting for the poor, dispossessed and marginalized. Dr. Sen ran mobile clinics in the interior of Chhattisgarh, one of the states most affected by the Maoist insurgency. In 2005, he led a 15-member team that published a report criticizing the Salwa Judum, which  Human Rights Watch calls “a state-supported vigilante group aimed at eliminating Naxalites.”

The Chhattisgarh state government alleged that his work, and in particular his association with the Maoist leader Narayan Sanyal,  amounted to helping wage “a war against the state.” Although that charge was dismissed, he was found  guilty of sedition and conspiracy, and sentenced to life imprisonment by a lower court in Chhattisgarh in 2010. He was granted bail by the Supreme Court in 2011 and an appeal against the conviction is pending in the Chhattisgarh High Court.

A group of 40 Nobel laureates described him as “an exceptional, courageous, and selfless colleague, dedicated to helping those in India who are least able to help themselves,” in a 2011 letter appealing for his life sentence to be overturned.

India Ink had several conversations with Dr. Sen, both over the phone and e-mail, to discuss how human rights activism grew from his work as a doctor.

Describe your journey from being a doctor in rural areas to being labeled a Maoist sympathizer.

My work in Chhattisgarh was with village communities, some of the poorest in India, and training health workers to look after their needs. Earlier, I had helped establish a hospital for mine workers in the area. As a logical outcome of my work, I was involved with human rights work, and was the general secretary of the state unit of the Peoples’ Union for Civil Liberties.

In this capacity I was instrumental in documenting and exposing deaths due to hunger and malnutrition, and to the displacement of over 600 tribal villages by the state-sponsored militia called Salwa Judum, or S.J., in southern Chhattisgarh. Last year, the S.J. was banned by the Supreme Court of India.

But it was in 2007 that I was labeled a Maoist supporter, for reasons best known to the Chhattisgarh state government. I was arrested in 2007 and charged with sedition, as well as under internal security acts, spent two years in jail during the trial, was released on bail by the Supreme Court,  convicted and sent to jail again, before again being released on bail in 2011. My appeal against the conviction is still pending in the state high court.

What was your association with the Maoist leader Narayan Sanyal?

I was approached by Narayan Sanyal’s family to help him with his legal cases and his health needs. In my capacity as a P.U.C.L. activist, I visited him in jail several times in the presence of senior jail officials, as they testified at my trial.

Could you tell us about your time in prison?

My time in prison was a time of deep despair, as I was unable to figure out the logic of the juridical action against me. At the same time it gave me an opportunity to know the stories of many fellow prisoners who were undergoing the same trauma as myself.

I came across many such instances where people had spent substantial amounts of time and were later let go. In some instances the judges have indicted the police for fabrication of evidence and illegal detention, but nothing has happened.

I did not do anything that was, to the best of my knowledge, wrong or illegal.  I didn’t expect anything like this happen to me; I had in fact worked with the government to provide essential services in these areas. After coming out of jail, I have been part of a nationwide process for the repeal of unjust and oppressive laws.

There was no physical intimidation that I faced in jail. However, I was kept in solitary confinement. Life in jail is itself a form of mental intimidation.

Do you consider yourself fortunate that you received a great deal of media attention when you were arrested?

I faced a virulent media trial in Chhattisgarh in the print and electronic media, as well as on the Internet. The ordinary journalist in Chhattisgarh relies to a large extent on government (including police) handouts. It was the contribution of dedicated national journalists who turned their spotlight on the real story.

It was only over a period of time that a campaign against the patent injustice in my case built up, and many prominent citizens at the national and international levels besides sections of national media took a positive view about me.

What is your understanding of the Maoist problem in India? Does their use of violence overshadow the issues they are fighting for?

It is surprising that so much of the public discourse is about the issue of violence. Large sections of the population in the “affected areas” are living in a state of perpetual hunger, to the point of famine, and lack appropriate and basic health care. Their access to common property resources, essential for their survival, is denied to them as a result of state action, to a point where the very survival of entire communities is called into question – but this does not become the center of the discourse.

I have clarified on many occasions that I do not condone the violence either of the agencies of the state or of those who oppose the state.

You were recently part of a conference called “Resist the Silent Emergency” in Delhi; what is the “silent emergency” in India?

The conference to which you refer was mainly devoted to documenting and chronicling widespread fabrication of cases and the use of sedition-like laws to suppress dissenting voices across the country. The silent emergency refers to the suppression of fundamental rights to freedom of thought and expression, without the declaration of an actual internal emergency as in 1975.

You have spoken about the need to establish alternative agencies and systems. What has given rise to the need?

First of all, I want to clarify that I have always engaged with the state to help it function better. I was recently part of the steering committee for health in the 12th five-year plan, and earlier part of the advisory group on structural reforms in health care for government of Chhattisgarh.

However, recent developments make it plain that the planning commission is unlikely to carry out its stated commitments to the universalization of health care. The alternative strategies that most public health workers are advocating, is the universalization of health care and for increased resource allocation in the health and nutrition sector.

Some suggest we need to involve international bodies in improving health care. Does that signal a lack of faith in the country’s own systems of checks and balances?

The distress due to chronic hunger, lack of health care and widespread displacement of the people, who constitute one sixth of mankind, cannot be constrained only by questions of national identity. These are matters of concern for the entire world community.

(This interview has been lightly edited and condensed.)

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John Silva, Maker of ‘Telecopter’ Camera, Dies at 92





Helicopter news footage is common today. But until myriad problems in sending live pictures from a moving aircraft were solved, television broadcasters could not show an eagle’s-eye view of a forest fire, or contemplate aerial coverage of, say, a famous man fleeing the police in a white Ford Bronco.




John Silva made that now-familiar vantage possible in 1958, when he converted a small helicopter into the first airborne virtual television studio.


The KTLA “Telecopter,” as it was called by the Los Angeles station where Mr. Silva was the chief engineer, became the basic tool of live television traffic reporting, disaster coverage and that most famous glued-to-the-tube moment in the modern era of celebrity-gawking, the 1994 broadcast of O. J. Simpson leading a motorcade of pursuers on Los Angeles freeways after his former wife and a friend of hers were killed.


Mr. Silva, who later earned two Emmy Awards for his pioneering technical work, died in Camarillo, Calif., on Nov. 27. His death was confirmed by a spokesman for KTLA-TV, where he worked from 1946 until leaving to become an electronics design consultant in 1978. He was 92.


Mr. Silva, an electronics engineer trained in radar science during World War II, faced three main roadblocks to transmitting black-and-white images live from helicopters. Rotor vibrations distorted the pictures, and sometimes even cracked the transmitter’s vacuum tubes. Directional antennas went haywire when helicopters changed direction suddenly, as helicopters sometimes do. And the camera equipment weighed a ton.


With help from fellow KTLA engineers, though mainly working alone to keep the project secret from competitors, Mr. Silva stabilized onboard cameras with a system of shock absorbers and cushions, designed aluminum parts to replace heavier metals in his equipment and commissioned an antenna that would extend below the chopper and rotate to maintain uninterrupted contact with KTLA’s mountaintop transmitter. By paring and remachining a basic set of broadcast equipment, he reduced it to 368 pounds from 2,000 pounds and distributed the load with precise symmetry throughout the tiny Bell 47G2 chopper leased for the project to prevent listing.


KTLA, the first commercially licensed television station west of the Rockies, faced growing competition in the late ’50s. New network-affiliated stations were scoring scoops with mobile broadcast units like ones Mr. Silva had pioneered, and everyone was fighting to get through increasingly clogged Los Angeles freeways.


The Telecopter was intended to kill the competition.


“If we could build a news mobile unit in a helicopter,” Mr. Silva recalled in a 2002 interview for the Archive of American Television, “we could get over it all, get there first, avoid the traffic and get to all the stories before anybody in the competition.”


“It’d be a wonderful thing,” he said.


By the time he began work on his airborne live television, Mr. Silva had already achieved a landmark in ground-level television history. In 1949, he was the technical director at KTLA who rigged the electronic connections — using duct-tape ingenuity and a borrowed generator — that carried what historians consider the first live television broadcast of a breaking news event.


The 27-hour rescue operation in San Marino, Calif., to save Kathy Fiscus, a 3-year-old trapped in an abandoned water pipe 94 feet below ground, was unsuccessful; but the station’s coverage was the precursor to every wall-to-wall television event broadcast since.


The Telecopter’s first flight took place at Los Angeles City Hall on July 24, 1958. It re-established KTLA’s dominance (until competitors put their own helicopters up). And for better and worse, it brought a Hollywood-style excitement to television news.


In the archive interview, Mr. Silva was asked what the first live helicopter pictures showed. They were panning shots, he said — zooming in and out of the L.A. landscape between the station’s Sunset Boulevard studio and City Hall.


Most of what they showed, he added, “was the freeway.”


John Daniel Silva was born in San Diego on Feb. 20, 1920, the youngest of three children of a commercial fisherman, Guy Silva, and his wife, Lottie, a homemaker. He attended M.I.T. for two years, and graduated with a bachelor’s degree after two years more at Stanford.


During World War II, he was a Naval officer who positioned radar defenses in the Pacific.


After the war, he worked for Paramount Pictures as an engineer for an experimental television station, W6XYZ, that later became KTLA.


Mr. Silva’s survivors include his wife, Mary Lou Steinkraus-Silva; three daughters, Patricia Vawter, Kathleen Silva and Karen Samaha; and a granddaughter.


The Telecopter had its greatest moments, predictably, at news events of Cecil B. DeMille dimensions: The 1963 dam break at the Baldwin Hills Reservoir in Los Angeles that sent 250 million gallons of water into surrounding neighborhoods, destroying many homes and claiming five lives. The 1965 Watts riots. The 1961 brush fire that swept through Bel Air, sending Hollywood stars scrambling to their roofs with garden hoses.


In his three-hour interview with the television archive, Mr. Silva never mentioned the 1994 O. J. Simpson freeway pursuit footage he made possible. But in answering a question about the future of helicopter reporting, he made clear that he had no regrets about the Telecopter’s role in creating an increasingly graphic television sensibility.


He would just like the lenses to get longer and the close-ups tighter, he said.


“When they’re doing freeway chases, they need to have a system that can come down in front, and be able to get pictures of suspects in the front windshield,” he said, describing one improvement he hoped to see.


Smiling, he added, “To fill the screen with their wonderful faces.”


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Interest Groups Push to Fill Margins of Health Coverage





The chiropractors were out in force, lobbying for months to get their services included in every state’s package of essential health benefits that will be guaranteed under the new health care law.




“We’ve been in constant contact with our state chapters, just telling them, ‘Look, you’ve got to get in the room,’ ” said John Falardeau, senior vice president of government relations at the American Chiropractic Association.


The acupuncturists were modest by comparison, ultimately focusing on a few states, like California, where they had the best odds of being included.


“Our profession really didn’t have a million dollars to spend on a lobbyist,” said Jeannie Kang, the immediate past president of the American Association of Acupuncture and Oriental Medicine. Instead, they mobilized 20,000 acupuncturists and their patients in a letter-writing campaign.


Both efforts seem to have shown results. Most of the roughly two dozen states that have chosen their essential benefits — services that insurance will have to cover under the law — have decided to include chiropractic care in their package. Four states — California, Maryland, New Mexico and Washington — included acupuncture for treating pain, nausea and other ailments. It is also likely to be an essential benefit in Alaska and Nevada, according to the Department of Health and Human Services.


“To me, six is huge,” said Ms. Kang, an acupuncturist in Los Angeles, who helped coordinate the lobbying effort.


The main goal of the health care law has always been to guarantee medical coverage to nearly all Americans, but as states finalize their benefits packages, it is becoming clear that what is received will depend partly on location.


According to proposals that the states have submitted to the Department of Health and Human Services, insurance plans will have to cover weight-loss surgery in New York and California, for example, but not in Minnesota or Connecticut. Infertility treatment will be a required benefit in Massachusetts, but not in Arizona.


Over all, the law requires that essential health benefits cover 10 broad categories, including emergency services, maternity and newborn care, hospitalization, preventive care and prescription drugs. But there is room for variation in those categories. Whether insurance will pay for hearing aids, foot care, speech therapy and various medications will vary significantly by state.


The Obama administration originally planned to impose a single set of essential benefits nationwide, so groups like Ms. Kang’s lobbied federal officials at first. But last year, amid accusations that the health care law was too rigid, it decided to allow each state to choose its own guaranteed benefits within the 10 broad categories.


The law stipulates that starting in January 2014, the essential benefits will have to be covered by insurance plans offered in individual and small-group markets. These are the plans that people will shop for to comply with the law’s mandate that almost everyone have health coverage or pay a penalty. They will be available through health insurance exchanges, online markets where the uninsured can shop for coverage, often with federal subsidies to help pay for it.


The essential benefits will not be guaranteed to people who get coverage through large employers, but such plans already tend to be relatively generous. In comparison, many plans currently sold on the individual market do not cover maternity care, for example, or mental health services.


For the most part, states are defining their essential benefits as those provided by the largest health plan in their small-group insurance market. In Washington State, for example, that plan covers 12 acupuncture visits and 10 chiropractic visits per year. It does not cover in vitro fertilization, weight-loss programs or routine foot care for anyone except diabetics.


“Everybody really was conscious of the cost impact that the plan was going to have,” said Stephanie Marquis, a spokeswoman for the state’s insurance commissioner. “That’s something we’re working very hard at keeping an eye on and making sure we’re not adding benefits unnecessarily.”


Alan Weil, executive director of the National Academy for State Health Policy, said that while the essential benefit packages vary at the margins, they are similar over all. Every state’s package will cover visits to primary care doctors and specialists, for example, and diagnostic tests like X-rays and blood work.


“To people who care about particular diseases or conditions or provider groups, these don’t feel like the margins,” Mr. Weil said. “But at the end of the day, the core benefits are very standardized, and the differences are at the periphery.”


Some states have declined to choose an essential benefits package, saying that the law does not give them enough latitude. In those states, the default will be the largest plan available in their small-group insurance market, according to the Department of Health and Human Services.


Gov. Dave Heineman, Republican of Nebraska, chose an insurance plan with a high deductible as his state’s benchmark, reasoning that such lower-cost plans were popular in the state. But the Obama administration recently informed him that the plan did not meet the requirements of the law, he said.


“The point we were trying to make is that the minimum coverage should not be above what people need,” Mr. Heineman said. “The overriding concern is that the cost will be too great.”


Other states delayed choosing a benchmark plan on the grounds that the Obama administration had not provided enough guidance. Last month, the administration published a proposed rule that sought to answer outstanding questions.


The rule makes clear, for example, that insurers can substitute one covered service for another as long as they are in the same broad category and “substantially equal.” It clarifies that pediatric services, one of the 10 required categories, must be provided to everyone 18 and under.


States can still change or choose a benchmark plan, but they are running out of time. They generally have until Dec. 26, when the comment period for the proposed rule will end. So far, 23 states and the District of Columbia have chosen plans, according to Avalere Health, a consulting company.


Interest groups that did not succeed in getting a particular service covered may have another chance to do so. States will most likely be able to change their benchmark plans after 2015. So groups like the Obesity Action Coalition will keep making their case.


“There’s going to be a great deal more effort on this issue,” said Chris Gallagher, a policy consultant for the coalition. “At a minimum, if plans are going to try to exclude obesity treatment services, there must be some kind of exception for medically necessary treatment. It’s a serious medical condition that affects one in three Americans.”


Likewise, Ms. Kang’s group will keep presenting state decision makers with patient testimonials and research studies on the benefits of acupuncture. Its next targets are New York and Florida, which have more licensed acupuncturists than any state except California.


The chiropractors, meanwhile, are focused on California, where the essential benefits package that Gov. Jerry Brown signed into law in September does not include chiropractic services. Mr. Falardeau said the American Chiropractic Association was still hoping for a change.


“We’re ready, if we have to, to go to war on it,” he said.


This article has been revised to reflect the following correction:

Correction: December 10, 2012

An article on Thursday about the way in which benefits under the new health care law will vary from state to state, using information from the Department of Health and Human Services, misidentified a state that has proposed making infertility treatment a required benefit. It is Massachusetts, not New Hampshire.



Read More..

Interest Groups Push to Fill Margins of Health Coverage





The chiropractors were out in force, lobbying for months to get their services included in every state’s package of essential health benefits that will be guaranteed under the new health care law.




“We’ve been in constant contact with our state chapters, just telling them, ‘Look, you’ve got to get in the room,’ ” said John Falardeau, senior vice president of government relations at the American Chiropractic Association.


The acupuncturists were modest by comparison, ultimately focusing on a few states, like California, where they had the best odds of being included.


“Our profession really didn’t have a million dollars to spend on a lobbyist,” said Jeannie Kang, the immediate past president of the American Association of Acupuncture and Oriental Medicine. Instead, they mobilized 20,000 acupuncturists and their patients in a letter-writing campaign.


Both efforts seem to have shown results. Most of the roughly two dozen states that have chosen their essential benefits — services that insurance will have to cover under the law — have decided to include chiropractic care in their package. Four states — California, Maryland, New Mexico and Washington — included acupuncture for treating pain, nausea and other ailments. It is also likely to be an essential benefit in Alaska and Nevada, according to the Department of Health and Human Services.


“To me, six is huge,” said Ms. Kang, an acupuncturist in Los Angeles, who helped coordinate the lobbying effort.


The main goal of the health care law has always been to guarantee medical coverage to nearly all Americans, but as states finalize their benefits packages, it is becoming clear that what is received will depend partly on location.


According to proposals that the states have submitted to the Department of Health and Human Services, insurance plans will have to cover weight-loss surgery in New York and California, for example, but not in Minnesota or Connecticut. Infertility treatment will be a required benefit in Massachusetts, but not in Arizona.


Over all, the law requires that essential health benefits cover 10 broad categories, including emergency services, maternity and newborn care, hospitalization, preventive care and prescription drugs. But there is room for variation in those categories. Whether insurance will pay for hearing aids, foot care, speech therapy and various medications will vary significantly by state.


The Obama administration originally planned to impose a single set of essential benefits nationwide, so groups like Ms. Kang’s lobbied federal officials at first. But last year, amid accusations that the health care law was too rigid, it decided to allow each state to choose its own guaranteed benefits within the 10 broad categories.


The law stipulates that starting in January 2014, the essential benefits will have to be covered by insurance plans offered in individual and small-group markets. These are the plans that people will shop for to comply with the law’s mandate that almost everyone have health coverage or pay a penalty. They will be available through health insurance exchanges, online markets where the uninsured can shop for coverage, often with federal subsidies to help pay for it.


The essential benefits will not be guaranteed to people who get coverage through large employers, but such plans already tend to be relatively generous. In comparison, many plans currently sold on the individual market do not cover maternity care, for example, or mental health services.


For the most part, states are defining their essential benefits as those provided by the largest health plan in their small-group insurance market. In Washington State, for example, that plan covers 12 acupuncture visits and 10 chiropractic visits per year. It does not cover in vitro fertilization, weight-loss programs or routine foot care for anyone except diabetics.


“Everybody really was conscious of the cost impact that the plan was going to have,” said Stephanie Marquis, a spokeswoman for the state’s insurance commissioner. “That’s something we’re working very hard at keeping an eye on and making sure we’re not adding benefits unnecessarily.”


Alan Weil, executive director of the National Academy for State Health Policy, said that while the essential benefit packages vary at the margins, they are similar over all. Every state’s package will cover visits to primary care doctors and specialists, for example, and diagnostic tests like X-rays and blood work.


“To people who care about particular diseases or conditions or provider groups, these don’t feel like the margins,” Mr. Weil said. “But at the end of the day, the core benefits are very standardized, and the differences are at the periphery.”


Some states have declined to choose an essential benefits package, saying that the law does not give them enough latitude. In those states, the default will be the largest plan available in their small-group insurance market, according to the Department of Health and Human Services.


Gov. Dave Heineman, Republican of Nebraska, chose an insurance plan with a high deductible as his state’s benchmark, reasoning that such lower-cost plans were popular in the state. But the Obama administration recently informed him that the plan did not meet the requirements of the law, he said.


“The point we were trying to make is that the minimum coverage should not be above what people need,” Mr. Heineman said. “The overriding concern is that the cost will be too great.”


Other states delayed choosing a benchmark plan on the grounds that the Obama administration had not provided enough guidance. Last month, the administration published a proposed rule that sought to answer outstanding questions.


The rule makes clear, for example, that insurers can substitute one covered service for another as long as they are in the same broad category and “substantially equal.” It clarifies that pediatric services, one of the 10 required categories, must be provided to everyone 18 and under.


States can still change or choose a benchmark plan, but they are running out of time. They generally have until Dec. 26, when the comment period for the proposed rule will end. So far, 23 states and the District of Columbia have chosen plans, according to Avalere Health, a consulting company.


Interest groups that did not succeed in getting a particular service covered may have another chance to do so. States will most likely be able to change their benchmark plans after 2015. So groups like the Obesity Action Coalition will keep making their case.


“There’s going to be a great deal more effort on this issue,” said Chris Gallagher, a policy consultant for the coalition. “At a minimum, if plans are going to try to exclude obesity treatment services, there must be some kind of exception for medically necessary treatment. It’s a serious medical condition that affects one in three Americans.”


Likewise, Ms. Kang’s group will keep presenting state decision makers with patient testimonials and research studies on the benefits of acupuncture. Its next targets are New York and Florida, which have more licensed acupuncturists than any state except California.


The chiropractors, meanwhile, are focused on California, where the essential benefits package that Gov. Jerry Brown signed into law in September does not include chiropractic services. Mr. Falardeau said the American Chiropractic Association was still hoping for a change.


“We’re ready, if we have to, to go to war on it,” he said.


This article has been revised to reflect the following correction:

Correction: December 10, 2012

An article on Thursday about the way in which benefits under the new health care law will vary from state to state, using information from the Department of Health and Human Services, misidentified a state that has proposed making infertility treatment a required benefit. It is Massachusetts, not New Hampshire.



Read More..