Aletheia hedge fund manager defrauded investors, SEC says

Federal regulators accused a Santa Monica hedge fund manager of defrauding investors by saddling them with losing securities trades while claiming winners for himself.

The Securities and Exchange Commission alleged that Peter J. Eichler Jr., chief executive of Aletheia Research and Management Inc., made about $2 million by allocating a disproportionately large share of money-making trades to his personal brokerage accounts. He steered another $2 million in improper profits to favored employees and clients, the SEC alleged.

Clients in two Aletheia-run hedge funds, meanwhile, suffered $4.4 million in losses, according to the civil complaint filed Friday.

"Aletheia and Eichler had an obligation to treat all clients with equal fairness, but instead they cherry-picked winners and losers," Michele Wein Layne, director of the SEC's Los Angeles office, said in a statement.

Eichler also failed to warn clients about mounting financial problems at Aletheia until two days before the firm filed for Chapter 11 bankruptcy protection last month, the SEC said.

"Aletheia did not intentionally or otherwise harm any of its investment products or its clients," Eichler, 55, said in a statement.

"Mr. Eichler and Aletheia were both investors in this product," the statement said. "Mr. Eichler made additional personal investments in this fund during the time in question. Aletheia and Mr. Eichler look forward to cooperating with the SEC to resolve any remaining issues."

The allegedly improper trading occurred in options contracts, which give investors the right to buy or sell shares of a stock at a set price. Rather than specifying accounts at the time orders were placed, Eichler often waited more than an hour after making the transactions to designate which account they would go into, the SEC said. By then, the trades already were profitable or not.

In completed trades with a clear profit or loss, 98.3% of the transactions that Eichler assigned to his personal accounts were profitable, yielding a cumulative 19.1% investment return, according to the SEC.

Only 31.7% of trades allocated to the hedge funds turned a profit, resulting in a 1.7% cumulative loss.

The SEC complaint is the latest in a series of woes for the once-successful investment firm.

Aletheia, Eichler and another top executive agreed to pay $400,000 in penalties last year to resolve previous SEC accusations that the firm failed to provide hedge fund investors with quarterly account statements and timely audit reports. The agency also alleged that Aletheia didn't inform potential clients about the results of prior SEC examinations.

Aletheia's co-founder and former chief financial officer, Roger Peikin, sued the company in 2010. He alleges that Eichler wrongfully fired him after Peikin objected to Eichler's management style and handling of the prior SEC inquiry.

Peikin's suit also accuses Eichler of using company assets as "his personal piggy bank" and of paying himself "millions in compensation." Eichler used Aletheia corporate funds for lavish family vacations, including private jet travel and "hotel suites ranging from $10,000 to $18,000 per night," according to the suit.

"Expensive European trips are disguised as business travel when, in fact, the cost of travel far exceeds the revenue by any client Eichler is purporting to visit," Peikin said in the suit.

Eichler has denied those allegations. The lawsuit is pending.

Three investors have filed complaints against Eichler with the Financial Industry Regulatory Authority, an industry oversight organization. The complaints accused Aletheia and Eichler of making "unsuitable" investments and failing to disclose the risks of certain investments, causing cumulative losses exceeding $2.8 million.

Eichler has denied the allegations.

Aletheia filed for bankruptcy Nov. 11, listing liabilities of between $10 million and $50 million.

The assets Aletheia manages have tumbled from a peak of more than $10 billion to perhaps as little as $250 million, according to a recent filing by a trustee in the bankruptcy case.

Also, California revoked Aletheia's corporate status this year because the company owes the state more than $2 million in unpaid taxes.

walter.hamilton@latimes.com

stuart.pfeifer@latimes.com

Read More..

Man Who Inspired Omar on <em>The Wire</em> Dies

The man who inspired one of the greatest and most fascinating characters in modern television has died.

Donnie Andrews, the inspiration behind The Wire‘s Omar Little, died after going through emergency surgery in New York on Thursday, his former attorney told The Baltimore Sun. Andrews was 58 years old and although he was once a stickup man who robbed drug dealers, much like the character he inspired, in recent years he had founded an organization called Why Murder?, which offered outreach to inner-city youth.

Omar Little, played with chilling deftness on the HBO show by Michael Kenneth Williams, was known for being a Robin Hood character in the show’s Baltimore streets – robbing drug dealers instead of more innocent victims. Known for now-classic phrases like, “It’s all in the game, yo” and “You come at the king, you best not miss,” Little was one of the most beloved characters on creator David Simon’s drama.

“R.I.P. to the original gangsta and a stand up dude Mr. Donnie Andrews the man who was the inspiration for Omar Little,” Williams wrote on Twitter on Friday. “Sending out prayers.”

Andrews served 18 years in prison on a murder charge and after he was paroled in 2005 married Fran Boyd, a woman he met while incarcerated and who was one of the subjects in Simon’s book The Corner.

Read More..

Roll Up! “Magical Mystery Tour” gets U.S. TV debut

LOS ANGELES (Reuters) – Give four pop stars turned hippies a movie camera in 1967 and what do you get? The Beatles‘ “Magical Mystery Tour” film, which will receive its long-awaited U.S. broadcast television debut on Friday on PBS.

Long a curiosity in the United States, the film will be accompanied by a new documentary about its making. A restored version was released on DVD and blu-ray in October.

The third film for The Fab Four, after a “A Hard Day’s Night” in 1964 and “Help!” a year later, “Magical Mystery Tour” is a shambolic trip through the English countryside on a bus filled with odd characters, but thin on plot. It first aired on BBC television the day after Christmas 1967.

Although it was initially panned by British critics, time has delivered some justice to the project, Jonathan Clyde, the producer of the documentary, told Reuters.

“‘Magical Mystery Tour‘ has always been the black sheep of the Beatles family, but I think it’s been rehabilitated into the Beatles canon,” Clyde said. “It’s no longer the ‘mad uncle in the attic’ that nobody wants to talk about. It’s been let out.”

In the United States, little was known about the film at the time of its release.

Beatles fans only had the album of music, or saw a poor print of the film in a double-feature midnight showing with “Reefer Madness,” a 1936 anti-marijuana propaganda film often screened decades later for comedic effect.

“I first saw it in 1974 at a university,” Bill King, the longtime publisher of Beatles fanzine Beatlefan, said of “Magical Mystery Tour.” “By then, though, it had taken on mythic status. I loved it.”

At the time of its making, The Beatles were arguably at their creative peak on the heels of a seminal album, “Sgt. Pepper’s Lonely Hearts Club Band,” and their summer of love anthem “All You Need Is Love,” which debuted on global TV.

SCRIPT WANTED

But even before “Sgt. Pepper’s” release in June 1967, Paul McCartney had already conceived of the film project. The only thing he was missing: a script.

“Paul had drawn out a pie chart,” said Clyde, also a longtime consultant for The Beatles‘ company, Apple Corps. “It just said things like ‘Get on coach,’ ‘Dreams,’ ‘End Song.’ They really had no idea what it was going to be like.”

The group hired a bus, a film crew, and a handful of extras and set out around England, creating scenes with everything from magicians to Ringo Starr’s oversized Aunt Jessie being stuffed with spaghetti by waiter John Lennon.

McCartney did most of the directing.

“It really had something for everyone, which is something I like about it,” Clyde said. “It was really a nod not only to the younger people watching, but to their parents’ generation, as well.”

The film also was loaded with six new Beatles songs, presented as what now would be considered music videos.

The music itself, including songs “I Am the Walrus” and “The Fool on the Hill,” was as innovative as any of the band’s music that year – and mostly recorded just before filming started.

“The Beatles were driven and inspired by having a deadline,” said Giles Martin, son of Beatles producer George Martin. The younger Martin remixed the songs at the legendary Abbey Road studios for the DVD and broadcast.

“And songs like ‘Walrus’ are a brilliant mix of both The Beatles as a rock and roll band and as masters of groundbreaking experimental recording,” Martin added.

(Editing by Eric Kelsey and Nick Zieminski)

TV News Headlines – Yahoo! News

Read More..

Life Expectancy Rises Around World, Study Finds

A sharp decline in deaths from malnutrition and infectious diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a report published on Thursday, with far more of the world’s population now living into old age and dying from diseases mostly associated with rich countries, like cancer and heart disease.

Tony Karumba/Agence France-Presse — Getty Images

Children in Nairobi, Kenya. Sub-Saharan Africa lagged in mortality gains, compared with Latin America, Asia and North Africa.

The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are striking: infant mortality declined by more than half from 1990 to 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.

At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.

“The growth of these rich-country diseases, like heart disease, stroke, cancer and diabetes, is in a strange way good news,” said Ezekiel Emanuel, chairman of the department of medical ethics and health policy at the University of Pennsylvania. “It shows that many parts of the globe have largely overcome infectious and communicable diseases as a pervasive threat, and that people on average are living longer.”

In 2010, 43 percent of deaths in the world occurred at age 70 and older, compared with 33 percent of deaths in 1990, the report said. And fewer child deaths have brought up the mean age of death, which in Brazil and Paraguay jumped to 63 in 2010, up from 30 in 1970, the report said. The measure, an average of all deaths in a given year, is different from life expectancy, and is lower when large numbers of children die.

But while developing countries made big strides the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries’ female populations between 1990 and 2010. American women gained just under two years of life, compared with women in Cyprus, who lived 2.3 years longer and Canadian women who gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990. Life expectancy for American women was 80.5 in 2010, up from 78.6 in 1990.

“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women formed later than men, are among the factors contributing to the stagnation, he said. American men gained in life expectancy, to 75.9 years from 71.7 in 1990.

Health experts from more than 300 institutions contributed to the report, which provided estimates of disease and mortality for populations in more than 180 countries. It was published in The Lancet, a British medical journal.

The World Health Organization issued a statement on Thursday saying that some of the estimates in the report differed substantially from those done by United Nations agencies, though others were similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries — representing about 15 percent of the world’s population — produce quality cause-of-death data.

Sub-Saharan Africa was an exception to the trend. Infectious diseases, childhood illnesses and maternity-related causes of death still account for about 70 percent of the region’s disease burden, a measure of years of life lost due to premature death and to time lived in less than full health. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.

Globally, AIDS was an exception to the shift of deaths from infectious to noncommunicable diseases. The epidemic is believed to have peaked, but still results in 1.5 million deaths each year.

Over all, the change means people are living longer, but it also raises troubling questions. Behavior affects people’s risks of developing cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.

“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization.

Tobacco use is a rising threat, especially in developing countries, and is responsible for almost six million deaths a year globally. Illnesses like diabetes are also spreading fast.

Donald G. McNeil Jr. contributed reporting.

Read More..

On Instagram, a Thriving Bazaar Taps a Big Market

Instagram, the picture-sharing application that Facebook bought earlier this year, has not yet figured out a way to make money. But some of its users have.

Peter DaSilva for The New York Times

Services like Prinstagram let people turn their Instagram images into prints, wall calendars and stickers.

These entrepreneurs have realized that they can piggyback on the popularity of Instagram, which has more than 100 million users, and create their own businesses, some of which have turned out to be quite profitable. They join a long line of innovators who have found creative ways to build new services on top of existing sites and platforms.

Services like Printstagram, for example, let people turn their Instagram images into prints, wall calendars and stickers. A group of designers are building a digital picture frame for Instagram photos. Some early users of the service are leveraging their expertise and sizable followings and starting consulting agencies, advising big-name brands on how best to use Instagram themselves.

And others have simply realized that the app is a great place to post photos of things they are trying to sell. Jenn Nguyen, 26, who lives in Irvine, Calif., has 8,300 followers on Instagram, where she posts images of lavishly made-up women who are wearing her brand of false eyelashes.

“When we post a new picture of someone wearing our lashes, we instantly see sales,” she said.

Ms. Nguyen is part of a wave of entrepreneurial Instagrammers who have transformed their feeds into virtual shop windows, full of handmade jewelry, retro eyewear, high-end sneakers, cute baking accessories, vintage clothing and custom artwork.

Those who want to sell things on Instagram have to resort to surprisingly low-tech tactics. Instagram does not allow users to add links to their photo posts, so merchants have to list a phone number for placing orders, or hope their followers will type the Web address of their store into a browser.

Shoppers seem willing to put up with that hassle. Ms. Nguyen said that during a recent holiday sale, she offered Instagram followers a coupon for 35 percent off their orders. That day, she said, she netted 100 orders, about $4,000 in sales, up from her usual $500. In her photo captions she mentions her online store and highlights products that are new or soon to be sold out.

Most of the people taking this sales approach are small-scale entrepreneurs and artists, looking for another way to find customers for their consignment shops and jewelry businesses. Hundreds of larger companies and big-name brands have accounts on Instagram, but only a few have taken steps toward actually selling there. Bergdorf Goodman, the luxury retailer, has posted photographs of women’s shoes and jewelry alongside telephone numbers for the store.

Instagram is a compelling medium “because a photo translates to any language,” said Liz Eswein, one of the founders of the Mobile Media Lab, a digital agency focused entirely on helping companies figure out their Instagram strategies. “It’s easier to get lost in the shuffle on other networks” like Facebook and Twitter, she added.

Ms. Eswein, Brian DiFeo and Anthony Danielle formed the company in March after realizing that their collective Instagram followers — nearly 850,000 — and understanding of the service could be valuable to companies like Nike, Delta, Samsung and Marc Jacobs who were hoping to reach fans of their brands. Now Mobile Media Lab runs promotions and special campaigns for those clients and others.

“We aren’t saying ‘Click here and buy this product’ — it’s more about putting the image in their head and introducing them to a product within the service,” said Ms. Eswein. In that way, it’s closer to traditional advertising, Mr. DiFeo said: “It’s classic marketing. You see an ad on a billboard, or on a bus as it goes by, on TV and now, in an Instagram post. It sticks.”

The mini-industries cropping up on and around Instagram are fueled by the service’s explosive growth. In April, Instagram had 25 million users. Eight months later it has quadrupled that figure and amassed more than five billion photos. In October, the mobile service had 7.8 million daily active visitors, according to comScore, more than Twitter’s 6.6 million.

Both Facebook and Instagram declined to talk about how Instagram might make money directly. But analysts suspect that Facebook will try to weave advertising into the Instagram app at some point, much as it has with its own app.

Read More..

Getting the runaround on long-term care insurance

Rita Corwin, 90, conscientiously paid her premiums for long-term care insurance for 21 years to make sure that if she needed help as she grew older and more fragile, she'd get it.

Yet now that she finds herself in a position to require such assistance, her insurer, Washington National Insurance Co., is denying her claims.

"She bought this insurance for the same reason anyone would," said Corwin's daughter, Leni, who has been representing her mother in their dealings with the company. "If you become disabled or need long-term care, it's just too expensive to pay for on your own."

As the baby boomers enter their sunset years, long-term care coverage represents an increasingly costly gamble for insurers. That's why Prudential stopped selling individual policies in March. MetLife exited the business in 2010.

About 70% of people over age 65 will require long-term care services during their lifetime, and more than 40% will need care in a nursing home, according to the U.S. Department of Health and Human Services.

Quiz: Test your healthcare knowledge

Long-term care insurance sold today can run as much as 17% more than just a year ago, according to the American Assn. for Long-Term Care Insurance, an industry group. Double-digit annual rate hikes have become routine for many policies.

Not surprisingly, some insurers have become more aggressive in denying claims.

Corwin, of Altadena, fractured her hip in a fall in October 2011. A hip replacement followed. And when it became clear that she'd need a caregiver to help her, Washington National made good on her policy and covered $150,000 worth of assistance, which lasted about a year.

In August, Corwin experienced pain in her neck and shoulder. Her doctor diagnosed the problem as severe cervical spondylosis, which the U.S. National Library of Medicine defines as "a disorder in which there is abnormal wear on the cartilage and bones of the neck" and "a common cause of chronic neck pain."

The doctor, James Shankwiler, said in a September letter to Corwin's insurer that her condition "predisposes her towards prolonged disability and limitation," making her "a candidate for long-term assistance and home health to allow her appropriate care and treatment."

But a month later, Washington National contacted Corwin's daughter to say that it wouldn't cover additional service by a caregiver.

The insurer based its decision on the fact that six months hadn't elapsed since treatment ended this year for the fractured hip.

It noted that Corwin's policy specifies that at least half a year of "normal daily living" must pass before a claim can be made for "the same or related cause."

Corwin's daughter appealed the decision, pointing out that the new claim wasn't for the same or related cause. It was for an entirely different cause with an entirely different medical diagnosis.

Corwin, don't forget, is 90. Stuff happens.

Also don't forget: She's paid nearly $38,000 in premiums to Washington National over two decades to safeguard against stuff happening.

But the insurer last month denied Corwin's appeal without even addressing the key issue — that the latest claim was for a different cause than the previous one.

"Successive confinement due to the same or related cause not separated by at least six months of normal daily living will be considered the same occurrence," the company concluded.

"The whole crux of the matter is that this is a different occurrence," Leni Corwin told me. "But they're not even considering that."

Read More..

America Demands: Obama, Build Us a Death Star

A petition demanding the President Barack Obama administration build a Death Star like the one in Star Wars reached 25,000-plus signatures Thursday, a threshold requiring the government to respond whether it will build the fictional weapon capable of annihilating planets with its super laser.

The petition on the White House website’s “We the People” page demands the Death Star project begin by 2016.

“By focusing our defense resources into a space-superiority platform and weapon system such as a Death Star, the government can spur job creation in the fields of construction, engineering, space exploration, and more, and strengthen our national defense,” the petition says.

The administration promises it will publicly respond to petitions if they get 25,000 signatures in a month’s time.

The Death Star, the Galactic Empire’s “ultimate weapon,” was a space station first appearing in the 1977 Star Wars Episode IV: A New Hope.

David Kravets is a senior staff writer for Wired.com and founder of the fake news site TheYellowDailyNews.com. He's a dad of two boys and has been a reporter since the manual typewriter days.

Read more by David Kravets

Follow @dmkravets and @ThreatLevel on Twitter.

Read More..

‘Homeland’ leads old favorites in Golden Globes TV race

LOS ANGELES (Reuters) – Cable shows got more Golden Globe nominations for television than traditional network programs on Thursday as HBO‘s political movie “Game Change” and Showtime‘s psychological thriller series “Homeland,” – one of last year’s big winners – led the race.

“Homeland” led the TV drama category with four nominations including best drama, best actor for Damian Lewis and best actress for Claire Danes in her role as a bi-polar CIA agent tracking down a home-grown Muslim extremist.

The show faces stiff competition from British aristocratic drama “Downton Abbey, which also won an acting nod for Michelle Dockery, along with “Breaking Bad,” “Boardwalk Empire,” and newcomer “The Newsroom.”

“‘Homeland’ fans seemed to be a little more split on whether creatively the second season was as successful as the first season so it’ll be curious if that ends up impacting the show’s chances in terms of taking home the awards,” James Hibberd, senior staff writer at Entertainment Weekly, told Reuters.

“Downtown Abbey” creator Julian Fellowes told Reuters: “We’re up against the big boys now, but the whole thing is very flattering and exciting.”

He added: “The themes of the show are pretty international, they’re about adjusting to change and being caught out by what life does to you…all of that is common to every country.”

HBO movie “Game Change,” about the surprise selection of Sarah Palin as John McCain’s running mate in the 2008 presidential campaign, landed five nods in the miniseries/movie category, including for actors Julianne Moore and Woody Harrelson.

“‘Game Change’ is pure awards bait. It’s a well-done, smart political drama based on a book, with a certain amount of left-wing political slant and it’s very much the type of movie you’d expect awards voters to like,” Hibberd said.

New HBO drama “The Newsroom” bumped long-time awards favorite “Mad Men” from the best drama category, surprising many who believed the stylish advertising series was a shoo-in.

“The Globes tend to like the glamorous and sophisticated dramas with big city settings and they tend to shy away from gritty, rural Americana dramas…about sweaty guys with guns instead of charming men in suits, like ‘The Newsroom’ and ‘Boardwalk Empire,’” Hibberd said.

He noted that the only exception was “Breaking Bad,” which finally made the best drama category this year after four seasons on air.

Other notable snubs included HBO‘s epic fantasy drama “Game of Thrones,” which failed to pick up any nominations, and Ryan Murphy’s miniseries “American Horror Story: Asylum” which landed one best actress nod for Jessica Lange, who took home the award for 2012.

‘MODERN FAMILY’ LEADS COMEDY RACE

While last year’s Golden Globes picked newcomers over staple awards favorites for leading nominees, this year’s comedy categories saw the return of many old faces, including “Modern Family,” which led the comedy race with three nods.

Comedians Tina Fey and Amy Poehler, who will be hosting the awards ceremony on January 13, each landed a best comedy actress nod in the television race for their long-popular NBC comedies – Fey for “30 Rock” and Poehler for “Parks and Recreation.”

“You can be sure that the hosts are going to have fun with this during the telecast, they’re going to find ways to play off this during their presentation,” Hibberd said.

Fey and Poehler will replace Ricky Gervais at the awards gala dinner, after the British comedian helmed the Globes with his risqué dry humor for three years.

HBO‘s raunchy new comedy “Girls” earned two key nominations in the best TV comedy category and best comedy actress for Lena Dunham, while Showtime‘s new satire “House of Lies” landed the show’s lead Don Cheadle a best actor nod.

With the exception of NBC’s musical comedy “Smash” in the best comedy series category, no new network comedies managed to break into key races, which Hibberd attributed to a “disappointing” fall season.

Cable channel HBO picked up 17 nominations and Showtime garnered 7 across all major television categories. Networks ABC had 5, CBS and NBC got 4, and Fox got 2.

(Reporting By Piya Sinha-Roy, editing by Jill Serjeant)

TV News Headlines – Yahoo! News

Read More..

My Story: Taking on Cancer Again, This Time With the Wisdom of Age

After I finished eight months of treatment for testicular cancer in my mid-20s, my psychologist said, “Well, that was like having five years of therapy all at once.” What he meant was that you learn a lot about yourself in weekly talk sessions, but during a life-threatening illness, the “issues” come at you nonstop. I relished the slow unfolding of myself in the first, but I resented — no, hated — every step of the second. Nearly two decades later, when confronted with the same diagnosis, I finally understood the benefits of that earlier trial by fire, much as I did the wisdom of Ralph Waldo Emerson when he wrote, “The years teach much which the days never knew.”

To be sure, there were benefits to being young — I was 26 — when I was first diagnosed, not the least of which was my competitive swimmer’s body. After almost dying in the I.C.U. and becoming a “patient-in-residence,” I plunged back into the pool (and my day job) just a fortnight after my release.

Ah, the determination — and denial — of youth.

But facing cancer at that young age had more drawbacks than benefits, not the least of which was losing my sense of invulnerability when confronted with the prospect of disfigurement and disability, even death.

Less obvious, but still unsettling, was the loss of my laissez-faire attitude toward life itself. I had always been the kind of guy who focused on the journey (the experience) more than the destination (winning). During backstroke events prior to falling ill I was more interested in watching the clouds race overhead than the swimmer racing in the next lane. This mindset didn’t do much for my success in the pool, but it helped define who I was.

To make matters worse, conventional wisdom says only one thing matters when it comes to cancer: Beating the hell out of it. Suddenly I had to find an emotional depth I hadn’t sought before, a passion for a fight that I didn’t want.

Am I the kind of person who can win this battle? I asked myself early on.

To ensure that I was, I did a complete about-face, saying “No way” to the journey and “Hell, yes” to the destination. Every decision began to turn on life and longevity, and for that I tolerated side effects like hair loss, neuropathy and “dry ejaculation” — because I simply had to win.

I re-read Dylan Thomas, who told me to “rage, rage against the dying of the light,” and I did. I became a rager. And it almost ruined my life.

Not in terms of my health, because in fact my treatment was effective. I was “clinically cured” and chalked up that achievement to my new “Top Gun” mentality. Then I jumped back into daily life — and managed to mess everything up. I applied my new approach to relationships (“My way or the highway”), and got dumped by my boyfriend. In graduate school, I aced my studies but lost friends.

Fortunately, my best friends didn’t hold back on telling me I had become a jerk, and that got my attention. I had upshifted at the start of my treatment, but now I needed to downshift. I struggled to find my pace, but eventually found a middle gear, more vulnerable than I cared to be but also more human.

The second time I was diagnosed, the oncologist sat me down to give me the new installment of the old bad news. I surprised myself and my friends with a very different approach.

I did not rage, which isn’t to say I was happy about this predicament. And I had moved on from my original question to a new one: How can I go through this and still be the kind of person I want to be?

In the intervening years, I had come to realize that cancer victories are not won by personality types, but by a combination of doggedness (choosing the best physician, getting the right diagnosis and treatment), responsibility (doing your own research and taking care of your overall health), and plain old luck.

From that very first day of my second time around, I challenged myself not to shift into that “win at any cost” mentality. That’s where the gift of age and experience came to my aid, even if my older body did not. Over the years I had learned that life was not a series of choices between winners and losers — I knew that way of seeing things to be oversimplified, if not dead wrong. You can be stronger than an ox, never miss a day of work, or swim your lungs out and, damn it, still die.

I could become a jerk again and focus on the end point, or I could accept that the journey is the destination – which I did.

Two months after I had been diagnosed and two days before the surgeon was scheduled to excise my remaining testicle, I had a dream so vivid — “I am cancer-free!” — that I demanded to go on a “surveillance” protocol. Reluctantly my doctor agreed, but by year’s end I had “won” the debate when my so-called tumor was reclassified as a benign nodule.

The years had taught me much — both to listen to my body and to trust in its wisdom. And, most importantly, to find the courage to speak its truth — whether in the doctor’s office or out in the world.

Steven Petrow writes the Civil Behavior column for Booming, addressing questions about gay and straight etiquette for a boomer-age audience. You can find him on Facebook and Twitter.

You can follow Booming via RSS here or visit nytimes.com/booming.

Read More..

Jenni Rivera jet linked to troubled company and executive

So far, this much is clear: Jenni Rivera, one of the most celebrated artists in the Latin world, died when her private jet went into a dive. The plane plummeted nose-first, 28,000 feet in 30 seconds, leaving its wreckage — and the remains of Rivera and six others — splayed across the side of the mountain like a wash of pebbles.

The investigation at the remote Mexican crash site is now in full swing, and authorities have not said whether they suspect maintenance problems or pilot error. But scrutiny has fallen on the plane and its pilots, one of whom was 78 years old. Interviews and documents have link the jet to a troubled company — and an executive who was once imprisoned for faking the safety records of planes he bought from the Mexican government and sold to private pilots in the United States.

According to federal aviation records, the Learjet 25 carrying Rivera from a performance in Monterrey, Mexico, was built in 1969 and was owned by a Las Vegas company called Starwood Management LLC.

A Starwood executive, Christian E. Esquino Nunez, was accused of conspiring with associates in the 1990s and 2000s to falsify records documenting the history of planes they bought and sold — tail numbers, inspection stamps and logbooks. Esquino's "fraudulent business practices ... put the flying public at risk," federal authorities argued in documents obtained by The Times.

"We had a forewarning that this is what he is," Timothy D. Coughlin, an assistant U.S. attorney in San Diego, said. "Essentially they would manufacture the records ... that would indicate that maintenance was up to date. They would create them out of whole cloth." Once Esquino brought the planes across the border for sale, "it was open season," Coughlin said.

Coughlin prosecuted the case against Esquino in 2005, resulting in a guilty plea that sent Esquino to a federal prison in Lompoc, Calif., for two years.

After his release from prison, Esquino was deported from Southern California to his native Mexico, where he lives today.

For 20 years, Esquino has been embroiled in a briar of legal allegations, many involving airplanes — a bankruptcy and a restraining order, criminal indictments and civil judgments, cocaine-distribution charges, even a role in an alleged conspiracy to airlift relatives of the late Moammar Kadafi out of Libya.

On Wednesday, Esquino told The Times by telephone from Mexico City that the flight was not a charter as authorities have said. Rather, Rivera was in the final stages of buying the plane from Starwood for $250,000; the flight was offered as a free "demo."

Esquino, 50, described himself as Starwood's operations manager, and said he understood why his past would place him under scrutiny in the wake of the accident.

"Obviously my past — there is a story to it," he said. "It's unavoidable that they are going to look at my past.... I think it's fair to bring it up right now and question it."

However, he said, the jet was perfectly maintained. He said the only conceivable explanation for the crash was that pilot Miguel Perez Soto suffered a heart attack or was incapacitated in some way, and that a younger co-pilot, Alejandro Torres, was unable to save the plane. (Authorities stressed that they have not determined a cause of the crash or whether the plane had any problems.)

"We're all grieving," Esquino said. "I'm definitely very sorry that this happened."

Esquino said it was not a mistake to put a 78-year-old pilot at the helm of the flight. Perez had a valid license to fly in Mexico, authorities said Wednesday, but U.S. aviation sources said that in the United States, Perez was licensed to fly only under conditions that didn't require the use of instruments and was not allowed to carry passengers for hire.

Esquino said he had known and trusted Perez for 30 years. "I couldn't think of anyone more qualified," he said.

Rivera, 43, a famed Mexican American performer, mother of five and master of a growing international business empire, was killed Sunday when the private jet carrying her and four members of her entourage crashed near Iturbide, Mexico.

Rivera had sold 20 million albums, lived in a massive estate in Encino, was preparing to make her American network television debut and was at the height of her career.

The same plane, according to U.S. aviation records, sustained "substantial" damage in 2005 when a fuel imbalance left one wing tip weighing as much as 300 pounds more than the other. The unnamed pilot, despite having logged more than 7,000 hours in the air, lost control while landing in Amarillo, Texas, and struck a runway distance marker. No one was injured.

Esquino called that accident "minor" and said the plane had flown without issue for 1,000 hours since then.

Starwood formed in March 2007, two months after Esquino was released from prison. He probably knew, federal officials said Wednesday, that he would be unable to receive a license to buy and sell U.S.-registered aircraft following the federal charges and his deportation. Nevada employment records list Esquino's sister-in-law, Norma Gonzalez, as the sole corporate officer of Starwood. But according to allegations contained in court documents, it was Esquino — who has operated at times under the name Eduardo "Ed" Nunez — who was actually running the show.

Read More..