The Neediest Cases: Disabled Young Man and His Protective Mother Deal With Life’s Challenges

Though he would prefer to put his socks on without his mother’s help, Zaquan West, 25, does not have a choice.

Michelle V. Agins/The New York Times

Joann West is a constant caretaker for her son, Zaquan. Though Ms. West works as a receptionist, the family fell behind on rent.

For the past 100 years, The New York Times Neediest Cases Fund has provided direct assistance to children, families and the elderly in New York. To celebrate the 101st campaign, an article will appear daily through Jan. 25. Each profile will illustrate the difference that even a modest amount of money can make in easing the struggles of the poor.

Last year donors contributed $7,003,854, which was distributed to those in need through seven New York charities.

2012-13 Campaign

Previously recorded:

$3,104,694

Recorded Thursday:

$137,451

*Total:

$3,242,145

Last year to date:

$2,862,836

*Includes $596,609 contributed to the Hurricane Sandy relief efforts.

The Youngest Donors

If your child or family is using creative techniques to raise money for this year’s campaign, we want to hear from you. Drop us a line on Facebook or talk to us on Twitter.

A genetic disorder has encumbered Mr. West all his life, but he has needed assistance with this particular task since only last year. In November 2011, he had surgery to remove a cancerous tumor on his left thigh that was as big as a football, but he was left less flexible.

“He doesn’t do well with disability, with the label,” his mother, Joann West, 55, said. “He doesn’t tell people that he has a disability. If they can’t see it, they just can’t see it.”

When her son was 13 months old, Ms. West learned he had neurofibromatosis, a disorder that causes tumors to grow on the nerves and, in some cases, to infringe on vital organs, or as was the case last year, to become malignant. It also creates large bumps on the skin known as nodules.

At ages 5 and 8, Zaquan had operations to remove neurofibromatosis clusters that were eating away at his left hip bone. The disease has left his left leg a few inches shorter than his right. After each operation, he had to relearn how to walk.

Because of his physical disability, he was placed in a special-education class at school and given the same homework every night, his mother said.

“I advocated for him,” Ms. West said. “I kept fighting, because he was no dummy. He was physically impaired, not mentally. I went out of my way to try to give him a better life. The system would have failed him more than it did if I hadn’t stepped in.” Her efforts led to his being moved from a special-education classroom to a regular one in second grade.

Ms. West, a single mother, acknowledges that her protective instincts made her a very controlling parent, and she did not allow Zaquan out of the house much, which limited his friendships.

“I was afraid for him,” she said. “The streets, they don’t care about your disability.”

When Mr. West entered high school, it was the first time he had truly been away from his mother’s watchful eyes. He began skipping class, often going to the park or wandering their Bedford-Stuyvesant, Brooklyn, neighborhood with truant friends. He eventually dropped out of school.

“It was just me being out on my own and making my own choices,” Mr. West recalled.

Though she did not agree with her son’s decisions, Ms. West said that his need to explore was in some ways a result of her actions. “At a point, I stepped back,” she said, “to allow him to do certain things on his own and do what he wanted to do.”

In 2007, a couple of years after he dropped out, Mr. West joined the Door, an organization focused on empowering young people to reach their potential. There, he obtained his high school equivalency diploma.

Today, Mr. West is job hunting so that he can help pay his and his mother’s expenses.

But paying the monthly bills has become a struggle, Ms. West said, in part because of a recent change in her budget. In August, after an increase in income, they stopped receiving $324 a month in food stamps. The additional income did not cover all their expenses, however, and Ms. West eventually fell behind in the rent on their apartment.

Ms. West, who has been employed in various administrative jobs, currently works as a receptionist for Howie the Harp Advocacy Center, an agency that provides employment help to people with psychiatric disabilities. Her annual salary is about $25,000 before taxes. Her son receives $646 in Social Security disability benefits. After the family’s food stamps were cut off, Mr. West applied individually, and he now receives $200 in food stamps each month.

With the addition of Mr. West’s disability benefits and food stamps, their net monthly income is $2,213. Their contribution for the Section 8-subsidized apartment Ms. West has lived in for the past 30 years is $969.

Knowing she was in need of help, Ms. West’s boss told her about the Community Service Society, one of the organizations supported by The New York Times Neediest Cases Fund. And the society drew $1,598 from the fund to cover her debt.

Ms. West remains a constant caretaker for her independent-minded son, who, she says, has come to accept her help grudgingly. She says that even if they are not on speaking terms after a disagreement, she is there to lend him a hand.

Both are continuing to deal with the inevitable challenges: Mr. West is awaiting word from doctors on whether a new growth in his lungs is cancerous. But one of his greatest assets, given all that he has overcome, is that he is comfortable in his own skin.

“I’m just always going to be me,” he said, “so why deal with somebody else?”

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E.C.B. Sees a Healing Euro Zone but Warns of Risks

FRANKFURT — Tensions in the euro zone have eased noticeably since the summer, the European Central Bank said Friday, but it warned that the situation remained fragile in part because commercial banks were still in a weakened state.

“There is a risk in spite of the recent improvements,” Vitor Constâncio, the vice president of the E.C.B., said at a press briefing Friday.

In its twice-a-year report on financial stability, the E.C.B. noted a number of indications that the euro zone is starting to heal. For example, borrowing costs for troubled countries have dropped substantially, and banks in Portugal and Ireland have regained access to money markets.

Countries including Spain and Italy have been able to increase their exports because labor costs have fallen, improving their competitiveness, the E.C.B. said. While that is positive, it came about partly because of high unemployment and falling wages.

“This adjustment has had a heavy cost,” Mr. Constâncio said. “But at least we can say the adjustment occurred.”

Unemployment will start to fall by 2014 as the stressed countries begin to grow again, Mr. Constâncio said.

The E.C.B. attributed the ebbing of fear in the euro zone to a combination of central bank policy, improved competitiveness at some countries and progress by political leaders toward creating a more durable euro zone. Mr. Constâncio said it was impossible to separate out how much each of those factors contributed.

The E.C.B. gave itself credit for some of the improvement, including its promise to buy government bonds as needed to contain countries’ borrowing costs. It also lauded the decision by euro zone leaders this week to give the E.C.B. overall authority for regulating banks.

Mr. Constâncio emphasized that, even though the E.C.B. has direct control only over about 150 of the biggest banks as part of the so-called banking union, it sees itself as overseer for the whole banking system, with the power to assume oversight of any bank it chooses. Mr. Constâncio said that political leaders understood this.

The E.C.B. “has legal competence over all the banks,” he said. “This is a very important idea.”

Banks, and falling bank profits, were the major weaknesses identified by the E.C.B. in the report. European bank shares are currently valued at much less than the value of their assets, the report said.

“It really is a very negative judgment by the stock market,” Mr. Constâncio said.

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L.A. County transit officials OK more funds for Blue Line safety

Los Angeles County transit officials Thursday budgeted $6.78 million more for improvements on the Blue Line — one of the busiest light-rail lines in the nation, with 26 million riders annually and a history of accidents and fatalities.

There have been eight deaths along the Blue Line so far this year, at least four of which were suicides, according to Los Angeles County Metropolitan Transportation Authority officials.

The most recent fatality occurred Thursday about 12:45 a.m., when officials said a woman apparently tried to swerve her Hyundai around lowered gate arms at a crossing in Compton and was struck by a Blue Line train.

Last summer, county Supervisor Zev Yaroslavsky, a member of the Metro Board of Directors, warned his colleagues that the Blue Line was on track to have more fatalities in 2012 than any other year in its history. The 22-mile-long Blue Line, the county's first light-rail line, opened in 1990 and travels from Long Beach to Los Angeles. In November, it averaged 93,201 weekday trips, the most ever for the line.

During its first dozen years, the Blue Line — which earned the dubious title of California's deadliest rail transit route in 1999 with 10 fatalities and 50 accidents — averaged 50.9 accidents a year, but over the next decade that dropped to an average of 27.9 accidents annually.

Metro has made several safety improvements that have reduced accidents, including putting photo enforcement cameras at street crossings to discourage drivers from trying to race trains across the tracks.

The line had some of its lowest accident totals between 2008 and 2011. But Yaroslavsky earlier this year said he saw the numbers rising again in 2012 and seemed frustrated that the issue was still around, saying: "This has been an ongoing open ... sore for us."

Also drawing attention to the issue were families such as the one that showed up at a board meeting wearing T-shirts with the picture of a dead teenage relative who had been struck by a Blue Line train while walking in Willowbrook.

After a Blue Line task force came up with several ideas to improve safety, the Metro board budgeted the money Thursday for more barriers, sidewalk improvements, new types of electric signs, better lighting around crossings, suicide prevention signs and audible warning devices, among other things.

Another factor fueling the safety changes were the results of a survey that showed that hundreds of Metro transit workers have concerns about their on-the-job safety. While most of the workers gave Metro high marks for safety, nearly half of the respondents still reported that they had had a close call that could have killed them or seriously injured someone.

Metro spokesman Marc Littman said that putting millions of dollars toward improvements shows that the agency is taking the issue seriously. He added that Art Leahy, Metro's chief executive officer, has also been focused on decreasing a backlog of maintenance issues on the Blue Line and across the system, including purchasing new cars.

But Yaroslavsky is not convinced that the added millions of dollars will change much on the Blue Line.

"These are things that should have been done a long time ago and whether they're going to be sufficient or not, I don't know.... We had another fatality last night," Yaroslavsky said Thursday. "It's the most dangerous rail line in our system."

"I want to see the number of fatalities and accidents along this line drop precipitously," he said, adding that although it is difficult to stop suicides, "we've got to try."

Mike Cano, transit deputy for county Supervisor and Metro Board Chairman Mike Antonovich, said that the agency lacks a strong culture of safety and that its leaders have been too focused on building projects and transit lines instead of ensuring the quality of existing operations.

"We're not doing the groundwork in terms of figuring out what happens to fares, what happens to maintenance … what happens to make sure our systems are retrofit" and safe, Cano said, adding that no one wants to look back after a major transit accident and wish that more had been done.

In an unrelated agenda item Thursday, the board awarded an advertising contract worth more than $100 million over five years to CBS Outdoor Group, which after several rounds of negotiating and voting beat out Titan Outdoor, which had bid several million dollars more. Metro analysts said they were concerned about Titan's finances.

And in a separate motion, Yaroslavsky said that next month he will ask the board to eliminate the $3 monthly maintenance fee assessed to those who use the new experimental ExpressLanes on the 110 and 10 freeways.

ari.bloomekatz@latimes.com

Times staff writer Dan Weikel contributed to this report.

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U.S. drops China’s Taobao website from “notorious” list

WASHINGTON (Reuters) – The United States on Thursday dropped a website owned by China‘s largest e-commerce company, Alibaba Group, from its annual list of the world’s most “notorious markets” for sales of pirated and counterfeit goods.

Taobao Marketplace, an online shopping site similar to eBay and Amazon that brings together buyers and sellers, “has been removed from the 2012 List because it has undertaken notable efforts over the past year to work with rightholders directly or through their industry associations to clean up its site,” the U.S. Trade Representative‘s office said in the report.

The move came just before an annual high-level U.S.-China trade meeting next week in Washington.

Taobao Marketplace is China’s largest consumer-oriented e-commerce platform, with estimated market share of more than 70 percent. The website has nearly 500 million registered users, with more than 800 million product listings at any given time. Most of the users are in China, Hong Kong, Taiwan and Macao.

The U.S. Chamber of Commerce has called Taobao “one of the single largest online sources of counterfeits.”

The Chinese Commerce Ministry strongly objected to Taobao’s inclusion on the USTR’s 2011 notorious markets list. A ministry spokesman said it did not appear to be based on any “conclusive evidence or detailed analysis.

Alibaba hired former USTR General Counsel James Mendenhall to help persuade USTR to remove Taobao from its list.

The Chinese company’s bid to shed its “notorious” label won support from the Motion Picture Association of America, a former critic of Taobao, which praised its effort to reduce the availability of counterfeit goods on its website.

But U.S. software, clothing and shoe manufacturers urged USTR to keep Taobao on the list.

To stay off in the future, USTR urged “Taobao to further streamline procedures … for taking down listings of counterfeit and pirated goods and to continue its efforts to work with and achieve a satisfactory outcome with U.S. rights holders and industry associations.”

USTR said it also removed Chinese website Sogou from the notorious markets list, based on reports that it has made “notable efforts to work with rights holders to address the availability of infringing content on its site.”

U.S. concerns about widespread piracy and counterfeiting of American goods in China are expected to be high on the agenda at next week’s meeting in Washington of the U.S.-China Joint Commission on Commerce and Trade.

The 2012 notorious markets list includes Xunlei, which USTR described as a Chinese-based site that facilitates the downloading and distribution of pirated movies.

Baixe de Tudo, a website hosted in Sweden but targeted at the Brazilian market, was also put on the list along with the Chinese website Gougou.

Warez-bb, which USTR described as a hub for pre-release music, software and video games, was also included. The forum site is registered in Sweden but hosted by a Russian Internet service provider, USTR said.

The full report can be found on USTR’s website at: http://www.ustr.gov/sites/default/files/121312%20Notorious%20Markets%20List.pdf

(Reporting by Doug Palmer; Editing by Will Dunham, Dan Grebler and Jim Marshall)

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Sitar maker: Ravi Shankar’s legacy inspires others

NEW DELHI (AP) — The walls of Sanjay Sharma‘s music shop are lined with gleaming string instruments and old photographs of legendary musicians.

Beatles George Harrison, John Lennon and Paul McCartney. Indian classicial musicians Zakir Hussain, Shiv Kumar Sharma and Vishwamohan Bhatt. And the man who brought these two very different musical worlds together: Ravi Shankar.

Like his grandfather and father before him, Sharma built, tuned and repaired instruments for the sitar virtuoso, who introduced Westerners to Indian classical music, and through his friendship with Harrison became a mainstay of the 1960s counterculture scene.

From his tiny shop tucked into the crowded lanes of central Delhi’s Bhagat Singh market, Sharma traveled the world with Shankar. Late in the maestro’s life, as his health and strength flagged, he even designed a smaller version of the instrument that allowed him to keep playing.

Shankar, who died Tuesday at age 92, was “a saint, an emperor and lord of music,” Sharma says in a tribute posted to the website of his sought-after shop, Rikhi Ram’s Music.

“When I opened my eyes there was him,” says Sharma, 44, surrounded by display cases full of sitars, sarangis (a stringed instrument played with a violin-like bow), guitars, tabla drums and sarods, a deeply resonating instrument played by plucking the strings.

Shankar “was music and music was him,” he says.

Sharma’s grandfather started the business in 1920 in the northern city of Lahore, now in Pakistan. He met a young Ravi Shankar at a concert there in the 1940s. Following the India-Pakistan partition and the relocation of the shop to New Delhi, the family began making sitars for Shankar in the 1950s.

By then, the musician was already famous in India and beginning to collaborate with some of the greats of Western music, including violinist Yehudi Menuhin and jazz saxophonist John Coltrane.

The Beatles visited in 1966 and bought instruments, memorialized in some of the many photographs that line the shop’s walls. Another shows Shankar’s daughter and the heir of his sitar legacy, Anoushka Shankar. But there is no picture of another Shankar daughter, American singer Norah Jones, who was estranged from her father.

Sharma’s own father succeeded his grandfather as the supplier of Shankar’s sitars. And then Sharma himself in the 1980s.

The bedroom-sized shop has two counters, one for conducting business and one for working on instruments under the beam of a large work lamp. Wood shavings and dust cover the floor of a workshop at the back.

As he chatted with visiting Associated Press journalists on Thursday, Sharma worked on a sitar, peering through his glasses as he used a mallet to hammer in a new fret. He plucked the strings, and as the sound resonated around the room, he leaned close in to the instrument and listened intently to the vibrations. Satisfied with the results, he moved on to the next fret.

It takes 15 months for a sitar to be ready for use. The actual crafting of the instrument from red cedar and hollowed-out, dried pumpkins takes three months. Then, it is left untouched to go through what is called “Delhi seasoning,” in which the extremes of New Delhi’s climate — blistering summer, followed by a brief monsoon, and a near-freezing, three-month winter — work their magic.

In 2005, a serious bout of pneumonia left Shankar with a frozen left shoulder.

“He was growing old and he wanted to experiment and change the instrument” so he could continue playing, Sharma says.

Sharma, a large, balding man, created what he calls the “studio sitar,” a smaller version of the instrument. But holding it was still difficult. So Sharma went to a Home Depot near Shankar’s San Diego, California-area home and bought some supplies to build a detachable stand.

The musician was thrilled. Sharma says Shankar told him, “Your father was a brilliant sitar maker, but you are a genius.”

Shankar was performing in public until a month before his death. Despite ill health, he appeared re-energized by the music, Sharma said.

Now, as Sharma mourns the giant of Indian music, he also worries about the future of the art itself. He sees traditional Indian instruments gradually losing their place in their own country to zippy, electronic Bollywood music.

“We are losing the originality and the core of our Indian music,” says Shankar, himself a trained Hindustani classical musician who plays the sitar and tabla, the Indian pair-drums.

At the same time, Shankar’s work as a global ambassador of music has borne fruit, Sharma says: “Because the music has gone to the West, we’re getting lots of new musical aspirants from the Western countries.”

When jazz artist Herbie Hancock was in New Delhi a few years ago, he stopped by Sharma’s shop to buy a sitar.

And in one of the shop’s display windows gleams a newly crafted sitar made of teak.

“That,” Sharma said, “is for Bill Gates.”

Entertainment News Headlines – Yahoo! News

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Recipes for Health: Red Cabbage, Carrot and Broccoli Stem Latkes — Recipes for Health

Andrew Scrivani for The New York Times

I love finding things to do with broccoli stems. I find that allowing the cabbage mixture to sit for 10 to 15 minutes before forming the latkes allows the cabbage to soften a bit, and the latkes hold together better.

5 cups shredded red cabbage

1/2 pound carrots, shredded (about 1 1/2 cups)

1 1/2 cups shredded peeled broccoli stems

2 tablespoons sesame seeds

2 teaspoons caraway seeds

1 teaspoon baking powder

Salt to taste

3 tablespoons oat bran

3 tablespoons all-purpose flour

3 tablespoons cornmeal

2 tablespoons buckwheat flour

3 eggs, beaten

About 1/4 cup canola, grape seed or rice bran oil

1. Heat the oven to 300 degrees. Line a sheet pan with parchment and place a rack over another sheet pan.

2. In a large bowl mix together the shredded cabbage, carrots, broccoli stems, baking powder, sesame seeds, caraway seeds, salt, oat bran, flour, cornmeal and buckwheat flour. Taste and adjust salt. Add the eggs and stir together. Let the mixture sit for 10 to 15 minutes.

3. Begin heating a large heavy skillet over medium heat. Take a 1/4 cup measuring cup and fill with 3 tablespoons of the mixture. Reverse onto the parchment-lined baking sheet. Repeat with the remaining latke mix. You should have enough to make about 30 latkes.

4. Add the oil to the pan and heat for 3 minutes or until hot. When it is hot (hold your hand a few inches above – you should feel the heat), slide a spatula under one portion of the latke mixture and transfer it to the pan. Press down with the spatula to flatten. Repeat with more mounds. In my 10-inch pan I can cook four at a time without crowding; my 12-inch pan will accommodate four or five. Cook on one side until golden brown, about four to five minutes. Slide the spatula underneath and flip the latkes over. Cook on the other side until golden brown, another two to three minutes. Transfer to the rack set over a baking sheet and place in the oven to keep warm.

5. Serve hot topped with low-fat sour cream, Greek yogurt or crème fraîche.

Yield: about 30 latkes, serving 6

Advance preparation: You can prep the ingredients and combine everything except the eggs and salt several hour ahead. Refrigerate in a large bowl. Do not add salt until you are ready to cook, or the mixture will become too watery, as salt draws the water out of the vegetables.

Nutritional information per serving: 226 calories; 14 grams fat; 2 grams saturated fat; 4 grams polyunsaturated fat; 8 grams monounsaturated fat; 93 milligrams cholesterol; 20 grams carbohydrates; 5 grams dietary fiber; 151 milligrams sodium (does not include salt to taste); 7 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Citing Internet Standoff, U.S. Rejects International Telecommunications Treaty

DUBAI — Talks on a proposed treaty governing international telecommunications collapsed in acrimony on Thursday when the United States rejected the agreement on the eve of its scheduled signing, citing an inability to resolve an impasse over the Internet.

Kamran Jebreili/Associated Press

Participants at the Dubai conference listened on Dec. 3 to Hamdoun Touré of the International Telecommunication Union.

“It is with a heavy heart that I have to announce that the United States must communicate that it is unable to sign the agreement in its current form,” Terry Kramer, head of the American delegation, announced moments after a final draft appeared to have been approved by a majority of nations.

The United States announcement was seconded by Canada and several European countries after nearly two weeks of talks that had often pitted Western governments against Russia, China and developing countries. The East-West and North-South divisions harked back to the cold war, even though that conflict did not stop previous agreements to connect telephone calls across the Iron Curtain.

While the proposed agreement was not set to take effect until 2015 and was not legally binding, Mr. Kramer insisted that the United States and its supporters had headed off a significant threat to the “open Internet.”

The messy end to the proceedings highlighted intractable differences of opinion over the ever-growing importance of digital communications networks as tools for personal communications, global commerce, political proselytization and even unconventional warfare.

“The word ‘Internet’ was repeated throughout this conference and I believe this is simply a recognition of the current reality — the two worlds of telecommunications and Internet are inextricably linked,” said Hamadoun Touré, secretary general of the International Telecommunication Union.

The United States has consistently maintained that the Internet should not have been mentioned in the proposed treaty, which dealt with technical matters like connecting international telephone calls, because doing so could lead to curbs on free speech and replace the existing, bottom-up form of Internet oversight with a government-led model.

“We cannot support a treaty that is not supportive of the multistakeholder model of Internet governance,” Mr. Kramer said. His announcement came moments after the telecommunication union, the United Nations agency that convened the talks here, announced that a final version of the text had been formulated.

A bloc of countries led by Russia that included China and the host nation, the United Arab Emirates, argued throughout the negotiations that the Internet was within the scope of the talks because Internet traffic traveled through telecommunications networks.

The goal of the talks, which were led by Mohamed Nasser al-Ghanim, director general of the Telecommunications Regulatory Authority of the United Arab Emirates, was to revise a document that was last updated in 1988, when the Internet was in its early stages of development.

Agreement was never going to be easy. Like most U.N. agencies, the International Telecommunication Union tries to operate by consensus, resorting to majority vote only when this fails.

The United States delegation was apparently angered by developments early Wednesday, when Russia and its allies succeeded in winning, by a mere show of hands, approval of a resolution that mentioned the Internet. The informal vote followed an attempt by Mr. Ghanim to gauge, as he put it, “the temperature of the room.”

The United States and its supporters interpreted the wording of the resolution as supporting a shift in the governance of the Internet to bring it under the regulatory framework of the telecommunication union.

The Internet is currently overseen by a loose grouping of organizations, mostly in the private sector, rather than by governments. But at least one, the Internet Corporation for Assigned Names and Numbers, operates under a contract from the United States government.

Resolutions are not officially part of the treaty wording, and Russia and its allies previously tried to include a similar clause in the actual treaty. But under a compromise, it agreed this week to withdraw that proposal and settle for the lesser measure. Even that, however, was insufficient to address the concerns of the United States and its supporters.

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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 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.

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U.S. federal agency to test RIM’s BlackBerry 10

TORONTO (Reuters) – Research In Motion said a U.S. federal agency, which recently outlined plans to move away from BlackBerry in favor of Apple Inc’s iPhone, is now set to begin testing RIM‘s new BlackBerry 10 platform and devices.

The U.S. Immigration and Customs Enforcement agency (ICE), will early next year begin a pilot program on RIM’s new line of BlackBerry 10 smartphones and BlackBerry Enterprise Service 10 (BES 10), which allows corporations and government users to run the new devices on their networks, a RIM spokeswoman said late on Wednesday.

The news, which comes just as shares of the embattled company rallied to their highest close in seven months, signals that RIM’s BlackBerry 10 platform is gaining some traction ahead of its official launch next month.

RIM, a one-time pioneer in the smartphone industry, has lost market share in recent years to the iPhone and devices powered by Google Inc’s market-leading Android operating system, even among the business audience who once used BlackBerry devices exclusively.

Waterloo, Ontario-based RIM is now seeking to persuade both corporations and government users to stick with its smartphones, which have long been valued for their strong security features. It promises that its new line of devices, which will be powered by the BlackBerry 10 operating system, will be both smoother and faster than previous BlackBerry phones.

RIM is betting that these new devices – to be launched on January 30 – will revive its fortunes. But that may well depend to a large extent on the response from enterprise customers, many of whom have recently begun to flee to rival platforms.

ICE is one such example. The agency, in October, announced plans to end a long relationship with RIM, stating that its now aging line-up of BlackBerry devices could “no longer meet the mobile technology needs of the agency.

At the time, ICE outlined intentions to buy iPhones for more than 17,600 employees. It is not immediately clear whether the agency plans to revisit this plan or whether its intends to use RIM’s new BES 10 platform to manage both iPhones and BlackBerry devices. A spokeswoman for the agency was not immediately able to comment on the pilot program or the agency’s plans.

SHARES SURGE

The news comes soon after yet another rally in RIM shares on Wednesday, after Eric Jackson – a long-time bear on RIM’s stock – penned an opinion piece on his now bullish stance on the company.

Jackson, the founder of Ironfire Capital, in his piece, said parallels drawn by some analysts between RIM and its now-defunct rival Palm are flawed, as Palm never had the kind of installed subscriber base that RIM enjoys.

In his article, published on Wednesday on the TheStreet.com, Jackson contends that RIM’s new BlackBerry 10 devices have much better odds of success than Palm’s Pre device, which failed to capture a following despite positive reviews on the device and its operating system.

Jackson, who was short RIM’s stock for an extended period, argues that the positive sentiment building in RIM’s stock ahead of the launch of the make-or-break line of devices is unlikely to dissipate in a hurry, as a large portion of RIM’s 80 million subscribers are likely to upgrade to BB10 when the new devices are launched. Jackson said he now has a long position in RIM.

Shares in the company rose 5.6 percent to close at $ 13.31 on the Nasdaq – their highest close since May 1. Its Toronto-listed shares rose 5.8 percent to close at C$ 13.14.

The stock has more than doubled in price since September 24, when the shares were trading slightly above the $ 6 level in both New York and Toronto. The wave of optimism around BB10 has in recent weeks been bolstered by a number of analyst upgrades on the stock.

(Editing by Dan Grebler and Muralikumar Anantharaman)

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McAfee arrives in U.S. from Guatemala

MIAMI (Reuters) – Computer software pioneer John McAfee, who is wanted for questioning in Belize over the murder of a fellow American, arrived in Miami on Wednesday evening after he was deported by Guatemala, according to fellow passengers on an American Airlines flight.

After landing, McAfee, 67, was escorted from the plane by airport security officers, passengers said. Shortly afterward, he tweeted, “I am in South Beach,” referring to the popular tourist area on Miami Beach.

“Some people felt uncomfortable that he was on our flight. … We all knew the story,” said Maria Claridge, 36, a South Florida photographer who was on the Silicon Valley entrepreneur’s flight to Miami.

McAfee, who was seated in the coach section and had a whole row to himself, was wearing a suit and was “very calm” during the flight, she added.

“He looked very tired, he looked like a man who hadn’t slept in days. I’d say he even looked depressed,” said another passenger, Roberto Gilbert, a Guatemalan who lives in Miami.

McAfee had been held for a week in Guatemala, where he surfaced after evading police in Belize for nearly a month following the killing of American Gregory Faull, his neighbor on the Caribbean island of Ambergris Caye.

Police in Belize want to quiz McAfee as a “person of interest” in Faull’s death, although the technology guru’s lawyers blocked an attempt by Guatemala to send him back there.

Authorities in Belize say he is not a prime suspect in the investigation. McAfee has denied any role in Faull’s killing.

The goateed McAfee has led the world’s media on a game of online hide-and-seek in Belize and Guatemala since he fled after Faull’s death, peppering the Internet with pithy quotes and colorful revelations about his unpredictable life.

“I’m happy to be going home,” McAfee, dressed in a black suit, told reporters shortly before his departure from Guatemala City airport on Wednesday afternoon. “I’ve been running through jungles and rivers and oceans and I think I need to rest for a while. And I’ve been in jail for seven days.”

Guatemala’s immigration authorities had been holding McAfee since he was arrested last Wednesday for illegally entering the country with his 20-year-old Belizean girlfriend.

The eccentric tech pioneer, who made his fortune from the anti-virus software bearing his name, has been chronicling life on the run in a blog, www.whoismcafee.com.

He said he had no immediate plans after reaching Florida.

“I’m just going to hang in Miami for a while. I like Miami,” he told Reuters by telephone just before his plane left. “There is a great sushi place there and I really like sushi.”

BELIZE STILL WAITING

Residents of the Belizean island of Ambergris Caye, where McAfee has lived for about four years, said McAfee and Faull, 52, had quarreled at times, including over McAfee’s unruly dogs.

McAfee says Belize authorities will kill him if he turns himself in for questioning. He has said he was being persecuted by Belize’s ruling party for refusing to pay some $ 2 million in bribes.

Belize’s prime minister has rejected the allegations, calling McAfee paranoid and “bonkers.

Belize police spokesman Raphael Martinez said the country still wanted to question McAfee about the Faull case.

“He will be just under the goodwill of the United States of America. He is still a person of interest, but a U.S. national has been killed and he has been somewhat implicated in that murder. People want him to answer some questions,” he said.

Martinez noted that Belize’s extradition treaty with the United States extended only to suspected criminals, a designation that did not currently apply to McAfee.

“Right now, we don’t have enough information to change his status from person of interest to suspect,” he said.

Residents and neighbors on Ambergris Caye said McAfee was unusual and at times unstable. He was seen to travel with armed bodyguards, sporting a pistol tucked into his belt.

The predicament of McAfee, a former Lockheed systems consultant, is a far cry from his heyday in the late 1980s, when he started McAfee Associates. McAfee has no relationship now with the company, which was sold to Intel Corp.

McAfee was previously charged in Belize with possession of illegal firearms, and police had raided his property on suspicions that he was running a lab to produce illegal synthetic narcotics. He said he had not taken drugs since 1983.

“I took drugs constantly, 24 hours of the day. I took them for years and years. I was the worst drug abuser on the planet,” he told Reuters before his arrest in Guatemala. “Then I finally went to Alcoholics Anonymous, and that was the end of it.”

(Writing by Dave Graham, Michael O’Boyle and David Adams. Reporting by Sofia Menchu and Mike McDonald.; Editing by Peter Cooney)

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