Embattled hedge fund tells investors of looming SEC action













SAC founder


Steve Cohen is founder and head of the hedge fund SAC Capital Advisors.
(Ronda Churchill / Bloomberg via Getty Images)































































NEW YORK -- The hedge fund SAC Capital Advisors told investors it has received a notice of potential action by the U.S. Securities and Exchange Commission, according to a source familiar with the matter.


Looming civil action by the regulator would take direct aim at the $14-billion hedge fund after federal prosecutors accused one of its former portfolio managers -- Mathew Martoma, who worked at an SAC unit called CR Intrinsic Investors -- of taking part in history's most lucrative insider-trading scheme.


Prosecutors claim the scheme generated $276 million in profits and avoided losses for Martoma's fund. The illicit tips involved an Alzheimer's drug under development by two publicly traded drug companies.





Martoma was the latest former SAC employee to face insider-trading charges in the federal government's crackdown on Wall Street corruption.


Quiz: How much do you know about the 'fiscal cliff'?


The SEC's so-called Wells notice is a procedural step by which the agency informs targets of investigations it may take action.


While the source would not specify what claims the SEC might level, Bloomberg News reported the potential litigation could involve fraud claims stemming from Martoma's case. Bloomberg also reported the SEC indicated it might take action alleging a breakdown of the hedge fund's management and compliance system.


SAC hosted a conference call with investors Wednesday. The call was not open to the media.


Martoma's attorney has said he expected his client would be exonerated. The criminal case against him has been widely interpreted as an attempt by prosecutors to win Martoma's cooperation against Steven Cohen, who founded and runs SAC. But Cohen has not been accused of any wrongdoing and has said he acted appropriately.


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Yasser Arafat's grave dug up in poisoning probe









RAMALLAH, West Bank -- Forensic experts from Switzerland, France and Russia on Tuesday took 20 samples each from the remains of Palestinian leader Yasser Arafat after his grave in the presidential headquarters here was opened.


The experts will take the samples to their respective countries to carry out tests to determine if Arafat, who died on Nov. 11, 2004, at a military hospital in France, was killed by polonium, a poisonous radioactive material.


French hospital reports at the time said he died from a massive brain hemorrhage, but gave no details on what caused a related blood condition, giving rise to Palestinian suspicions he was killed by Israel. Arafat's wife requested at the time that no autopsy be performed, and Israeli officials have labeled as ridiculous any allegations that they played a role in his death.





The process Tuesday took only hours. The grave, buried 12 feet underground, was opened early in the morning and Palestinian forensic technicians removed samples for the international experts.


After the grave was again closed, Palestinian officials held a short ceremony in which they laid wreaths.


Members of the media were not allowed to witness the grave opening; the site was sealed from view by blue industrial sheeting.


Tawfik Tirawi, head of the Palestinian committee investigating Arafat's death, said at a news conference following the exhumation that the process went smoothly and that "everything was done legally and professionally."


He stressed that the remains of Arafat were handled only by Palestinians and that none of the international experts had touched the corpse.


Abdullah al-Bashir, a Jordanian doctor who heads a Palestinian medical committee empowered to follow up on the circumstances of Arafat’s death, said results should be available in about three months.


"If polonium was evident, we would have reached the truth," he said, "and if it was not, we would want them [the experts] to continue searching until they determine what kind of poison was used."


Bashir, who was Arafat's personal doctor, said he believes that the Palestinian leader died of poisoning and that the French hospital medical reports did not rule out that possibility.


The Palestinians said that if polonium is determined to be the cause of death, they will have hard evidence that Israel was behind it.


"Once we get the evidence, we are going to ask the International Court of Justice to follow up on this matter, and this will be our first case after we become a non-member state in the United Nations," said Tirawi, a former head of Palestinian intelligence.


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'Two and a Half Men' actor not expected on set

NEW YORK (AP) — The teenage actor who stars in "Two and a Half Men" and called the CBS comedy "filth" may have some time before he faces the show's producers.

Angus T. Jones wasn't expected at rehearsal Tuesday because he is not going to be in the episode they are filming, according to a person close to the show who spoke on condition of anonymity because producers were not commenting publicly.

Jones, 19, has been on the show, which used to feature bad-boy actor Charlie Sheen and remains heavy with sexual innuendo, since he was 10 but says in a video posted online by a Christian church that he doesn't want to be on it anymore.

"Please stop watching it," Jones said. "Please stop filling your head with filth."

The person familiar with the production schedule said Jones does not appear in either of the two episodes filming before the end of the year, so he wouldn't be expected back at work until after the New Year.

His character has been largely absent because he has joined the Army.

CBS and producer Warner Bros. Television have not commented.

"Two and a Half Men" survived a wild publicity ride less than two years ago, when Sheen was fired for his drug use and publicly complained about the network and the show's creator, Chuck Lorre.

Jones plays Jake, the son of Jon Cryer's uptight divorced chiropractor character, Alan, and the nephew of Sheen's hedonistic philandering music jingle writer, Charlie. Sheen was replaced by Ashton Kutcher, who plays billionaire Walden.

In the video posted by Forerunner Chronicles in Seale, Ala., Jones describes a search for a spiritual home. He says the type of entertainment he's involved in adversely affects the brain and "there's no playing around when it comes to eternity."

"You cannot be a true God-fearing person and be on a television show like that," he said. "I know I can't. I'm not OK with what I'm learning, what the Bible says, and being on that television show."

The show was moved from Monday to Thursday this season, and its average viewership has dropped from 20 million an episode to 14.5 million, although last year's numbers were somewhat inflated by the intense interest in Kutcher's debut. It is the third most popular comedy on television behind CBS's "The Big Bang Theory" and ABC's "Modern Family."

The actors on "Two and a Half Men" have contracts that run through the end of the season.

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Amid Hurricane Sandy, a Race to Get a Liver Transplant





It was the best possible news, at the worst possible time.




The phone call from the hospital brought the message that Dolores and Vin Dreeland had long hoped for, ever since their daughter Natalia, 4, had been put on the waiting list for a liver transplant. The time had come.


They bundled her into the car for the 50-mile trip from their home in Long Valley, N.J., to NewYork-Presbyterian Morgan Stanley Children’s Hospital in Manhattan. But it soon seemed that this chance to save Natalia’s life might be just out of reach.


The date was Sunday, Oct. 28, and Hurricane Sandy, the worst storm to hit the East Coast in decades, was bearing down on New York. Airports and bridges would soon close, but the donated organ was in Nevada, five hours away. The time window in which a plane carrying the liver would be able to land in the region was rapidly closing.


In a hospital room, Natalia watched cartoons. Her parents watched the clock, and the weather. “Our anxiety was through the roof,” Mrs. Dreeland said. “It just made your stomach into knots.”


The Dreelands, who are in their 60s, became Natalia’s foster parents in 2008 when she was 7 months old, and adopted her just before she turned 2. They have another adopted daughter, Dorothy Jane, who is 17.


Natalia is a “smart little cookie” who loves school and dressing up Alice, her favorite doll, her mother said. At age 3, Natalia used the word “discombobulated” correctly, Mr. Dreeland said.


Natalia’s health problems date back several years. Her gallbladder was taken out in 2010, and about half her liver was removed in 2011. The underlying problem was a rare disease, Langerhans cell histiocytosis. It causes a tremendous overgrowth of a type of cell in the immune system and can damage organs. Drugs can sometimes keep it in check, but they did not work for Natalia.


In her case, the disease struck the bile ducts, which led to progressive liver damage. “She would have eventually gone into liver failure,” said Dr. Nadia Ovchinsky, a pediatric liver transplant specialist at NewYork-Presbyterian. “And she demonstrated some signs of early liver failure.”


The only hope was a transplant.


Dr. Tomoaki Kato, Natalia’s surgeon, knew that the liver in Nevada was a perfect match for Natalia in the two criteria that matter most: blood type and size. The deceased donor was 2 years old, and though Natalia is nearly 5, she is small for her age. Scar tissue from her previous operations would have made it very difficult to fit a larger organ into her abdomen.


Though Dr. Kato had considered transplanting part of an adult liver into Natalia, a complete organ from a child would be far better for her. But healthy organs from small children do not often become available, Dr. Kato said. This was a rare opportunity, and he was determined to seize it.


But as the day wore on, the odds for Natalia grew slimmer. The operation in Nevada to remove the liver was delayed several times.


At many hospitals, surgery to remove donor organs is done at the end of the day, after all regularly scheduled operations. The Nevada hospital had a busy surgical schedule that day, made worse by a trauma case that took priority.


At the hospital in New York, Tod Brown, an organ procurement coordinator, had alerted a charter air carrier that a flight from Nevada might be needed. That company in turn contacted West Coast carriers to pick up the donated liver and fly it to New York.


Initially, two carriers agreed, but then backed out. Several other charter companies also declined.


Mr. Brown told Dr. Kato that they might have to decline the organ. Dr. Kato, soft-spoken but relentless, said, “Find somebody who can fly.”


Dr. Kato used to work in Miami, where pilots found ways to bypass hurricanes to deliver organs. Even during Hurricane Katrina, his hospital performed transplants.


“I asked the transplant coordinators to just keep pushing,” he said.


Mr. Brown said, “Dr. Kato knew he was going to get that organ, one way or another.”


As the trajectory of the storm became clearer, one of the West Coast charter companies agreed to attempt the flight. The plan was to land at the airport in Teterboro, N.J. The backup was Newark airport, and the second backup was Albany, from where an ambulance would finish the trip.


The timing was critical: organs deteriorate outside the body, and ideally a liver should be transplanted within 12 hours of being removed.


Early Monday, as the storm whirled offshore, the plane landed at Teterboro. Soon a nurse rushed to tell the Dreelands that she had just seen an ambulance with lights and sirens screech up to the hospital. Someone had jumped out carrying a container.


At about 5 a.m., the couple kissed Natalia and saw her wheeled off to the operating room.


Three weeks later, she is back home, on the mend. The complicated regimen of drugs that transplant patients need is tough on a child, but she is getting through it, her father said.


Recently, Mr. Dreeland said, he found himself weeping uncontrollably during a church service for the family of the child who had died. “Their child gave my child life,” he said.


Though only time will tell, because the histiocytosis appeared limited to Natalia’s bile ducts and had not affected other organs, her doctors say there is a good chance that the transplant has cured her.


This article has been revised to reflect the following correction:

Correction: November 27, 2012

An earlier version of a picture caption with this article misspelled the surname of the family whose daughter received a liver transplant. As the article correctly noted elsewhere, it is Dreeland, not Vreeland.



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Apple fires Maps manager as it works to fix the widely panned app









Apple has fired the manager in charge of its homegrown Maps app two months after the software debuted to harsh criticism.


Richard Williamson was let go by Senior Vice President Eddy Cue, according to Bloomberg, which cited unnamed sources familiar with the situation. Cue is reportedly seeking advice from outside mapping experts and working with digital map company TomTom to fix navigation information and other data it provides to  Apple.


Apple has been quick to own up to the app's problems, which include poor directions, mislabeled landmarks, lack of information on public transportation and wildly inaccurate images (melting Las Vegas strip, anyone?). The outcry over the Maps app forced Apple Chief Executive Tim Cook to issue an apology in September in which he encouraged users to try alternatives from the company's competitors.





The Cupertino, Calif., company's Maps app replaced rival Google's popular version on iOS 6 devices, including the new iPhone 5. Google's Maps app had been a feature on the iPhone since the original device launched in 2007; Google is said to be working on a version of its Maps software for iOS 6 that will be available in Apple's App Store. 


Cue, who was promoted last month as part of a management shakeup that saw the departure of iOS head Scott Forstall, is hoping to develop a new leadership team that can oversee the company's efforts to fix Maps, Bloomberg said. It's unclear whether a successor to Williamson has been named.


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Congress returns as 'fiscal cliff' talks slow









WASHINGTON – Congress returned in a lame duck session with no signs of quick compromise to prevent a tax hike for most Americans early next year.


Talks between the White House and Republican leaders in the House continued behind closed doors. Current tax rates expire Dec. 31.


Emboldened by his re-election, President Obama took his case for raising taxes on the wealthiest Americans to the public on Monday. He warned that the threat of higher taxes on middle-class Americans could dampen the Christmas shopping season.





"The President has called on Congress to take action and stop holding the middle class and our economy hostage over a disagreement on tax cuts for households with incomes over $250,000 per year," the White House said in a statement.


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The White House got a boost from billionaire investor Warren Buffett, who said the wealthy – himself included – should pay more. Noting the nation’s growing gap in income disparity, Buffett dismissed the Republican argument that tax hikes would hamper investments.


“In recent years, my gang has been leaving the middle class in the dust,” Buffett said. “So let’s forget about the rich and ultrarich going on strike and stuffing their ample funds under their mattresses if — gasp — capital gains rates and ordinary income rates are increased.”


Key Republicans, including House Speaker John A. Boehner, have signaled they are willing to put new tax revenues on the table, creating the outlines of a possible deal. Several Republican lawmakers used the Sunday talk shows to distance themselves from their party’s anti-tax pledge, publicly breaking with conservative stalwart Grover Norquist, although they insisted any agreement must include spending cuts.


A so-called grand bargain of tax hikes and spending cuts has eluded Washington in the past, but both political parties are wary of rattling the financial markets and sparking a crisis in consumer spending. Wall Street has signaled a bold deficit-reduction plan is needed to prevent a credit downgrade.


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No talks between the president and congressional leaders have been scheduled. The parties had agreed to meet this week to put the framework of a two-part deal on the table.


If Republicans continue to fight higher tax rates for the wealthy, Boehner will face pressure to propose an alternative way to raise new revenue – either by closing individual loopholes or capping deductions in a way that produces new money.


“Congressional and White House staff continue to work to find common ground that is consistent with the ‘balanced approach’ the White House says it wants – with significant spending cuts, and without job-killing small business tax hikes,” said a senior House leadership aide.


Follow Politics Now on Twitter and Facebook


Lisa.Mascaro@latimes.com


CParsons@latimes.com


Twitter: @LisaMascaroinDC





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On average the Stones older than US Supreme Court

NEW YORK (AP) — The Supreme Court used to be called Nine Old Men. That's nothing compared to the ageless Rolling Stones. The justices on average are the kid brothers and sisters of the forever young rock n' rollers.

The average age for the four living members of The Rolling Stones is about two years older than the nine justices of the U.S. Supreme Court.

Mick Jagger, Keith Richards, Charlie Watts and Ronnie Wood have an average age of 68 years and 297 days, while the Supreme Court justices' average is 66 years and 364 days. That makes the rock band one year and 10 months older than the members of the highest court of the United States.

The Rolling Stones are celebrating their 50th anniversary this year with a five-date tour.

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Hospitals Face Pressure From Medicare to Avert Readmissions


After years of gently prodding hospitals to make sure discharged patients do not need to return, the federal government is now using its financial muscle to discourage readmissions.


Medicare last month began levying financial penalties against 2,217 hospitals it says have had too many readmissions. Of those hospitals, 307 will receive the maximum punishment, a 1 percent reduction in Medicare’s regular payments for every patient over the next year, federal records show.


One of those is Barnes-Jewish Hospital in St. Louis, which will lose $2 million this year. Dr. John Lynch, the chief medical officer, said Barnes-Jewish could absorb that loss this year, but “over time, if the penalties accumulate, it will probably take resources away from other key patient programs.”


The crackdown on readmissions is at the vanguard of the Affordable Care Act’s effort to eliminate unnecessary care and curb Medicare’s growing spending, which reached $556 billion this year. Hospital inpatient costs make up a quarter of that spending and are projected to grow by more than 4 percent annually in coming years, according to the Congressional Budget Office.


The readmission penalties will recoup about $300 million this year. But the goal is to pressure hospitals to pay attention to what happens to their patients after they walk out the door. The penalties have captured the attention of hospitals, and many are trying to improve their supervision of discharged patients’ recoveries.


“I’ve been doing this for over two decades and talking to hospital leaders about readmissions, and I used to get polite but blank stares,” said Dr. Eric Coleman, a professor at the University of Colorado Anschutz Medical Campus who has devised widely adopted methods to reduce hospitalizations. “Now they’re paying attention.”


With nearly one in five Medicare patients returning to the hospital within a month — about two million people a year — readmissions cost the government more than $17 billion annually.


Hospitals’ traditional reluctance to tackle readmissions is rooted in Medicare’s payment system. Medicare generally pays hospitals a set fee for a patient’s stay, so the shorter the visit, the more revenue a hospital can keep. Hospitals also get paid when patients return. Until the new penalties kicked in, hospitals had no incentive to make sure patients didn’t wind up coming back. The maximum penalty is set to double next October and then reach 3 percent of reimbursements in October 2015. Medicare also is expanding the list of conditions it will assess in setting punishments.


Right now it only evaluates readmissions of heart attack, heart failure and pneumonia patients, counting every rebound, even ones not related to the original reason for hospitalization. The penalties are based on readmission rates in the past and applied to future payments for all Medicare patients.


Researchers say that while some readmissions are unavoidable, many are caused by the short shrift hospitals have given patients on their way out.


Jonathan Blum, principal deputy administrator for the Centers for Medicare and Medicaid Services, said the penalties had helped galvanize hospitals’ efforts to avoid readmissions. “We’ve seen a small but significant reduction,” he said. “That tells me we’ve focused the industry on improvement.”


Medicare’s tough love is not going over well everywhere. Academic medical centers are complaining that the penalties do not take into account the extra challenges posed by extremely sick and low-income patients. For these people, getting medicine and follow-up care can be a struggle.


At Barnes-Jewish Hospital, Dr. Lynch said physicians from all over the Midwest referred their sickest heart patients to his facility for transplants and other major interventions. But those patients can skew his hospital’s readmissions numbers, he said: “The weaker your heart, the more advanced your emphysema, the more likely you are to be readmitted to the hospital.”


Dr. Lynch said Barnes-Jewish set up follow-up appointments for patients who didn’t have their own doctors. But about half of the patients never showed up, he said, even after the hospital made reminder phone calls and arranged for free rides. Sending nurses to see patients at home did not significantly reduce readmission rates either, he said.


“Many of us have been working on this for other reasons than a penalty for many years, and we’ve found it’s very hard to move,” Dr. Lynch said. He said the penalties were unfair to hospitals with the double burden of caring for very sick and very poor patients.


“For us, it’s not a readmissions penalty,” he said. “It’s a mission penalty.”


Various studies, including one commissioned by Medicare, have found that the hospitals with the most poor and African-American patients tended to have higher readmission rates than hospitals with more affluent and Caucasian patients. But the studies also determined that some safety-net hospitals performed better than average, showing that hospitals can overcome the challenges posed by the kinds of patients they treat.


In some ways, the debate parallels the one on education — specifically, whether educators should be held accountable for lower rates of progress among children from poor families.


“Just blaming the patients or saying ‘it’s destiny’ or ‘we can’t do any better’ is a premature conclusion and is likely to be wrong,” said Dr. Harlan Krumholz, director of the Center for Outcomes Research and Evaluation at Yale-New Haven Hospital, which prepared the study for Medicare. “I’ve got to believe we can do much, much better.”


Some researchers fear the Medicare penalties are so steep, they will distract hospitals from other pressing issues, like reducing infections and surgical mistakes and ensuring patients’ needs are met promptly. “It should not be our top priority,” said Dr. Ashish Jha, a professor at the Harvard School of Public Health who has studied readmissions. “If you think of all the things in the Affordable Care Act, this is the one that has the biggest penalties, and that’s just crazy.”


With pressure to avert readmissions rising, some hospitals have been suspected of sending patients home within 24 hours, so they can bill for the services but not have the stay counted as an admission. But most hospitals are scrambling to reduce the number of repeat patients, with mixed success.


A few days after Eda Laurion was discharged from the Banner Del E. Webb Medical Center near Phoenix after treatment for her congestive heart failure in August, a nurse showed up at her house.


“She helped explained the medicines I’m taking, the side effects, what they do for you,” said Ms. Laurion, 91, of Sun City West.


Still, readmissions can’t always be prevented. The nurse, Sue Koner, sent Ms. Laurion back to the hospital after two weeks for dangerously low sodium caused by an undiagnosed kidney problem. However, Ms. Laurion avoided re-hospitalization in October when Ms. Koner deduced that her hallucinations were a reaction to an antibiotic.


Overseeing former patients is expensive and time-consuming, so many hospitals are relying on financing from community health organizations and foundations. Ms. Koner works for Sun Health, a foundation-supported nonprofit. Since Sun Health started its program in November 2011, only nine of 213 patients have been readmitted.


Dr. Krumholz said hospitals should think of readmissions as a challenge to overcome. “One day, we’ll look back,” he said, “and we’ll be incredulous that one out of every five patients ended up back in the hospital.”


This article was produced in collaboration with Kaiser Health News, an editorially independent program of the Kaiser Family Foundation.



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Facebook debunks viral hoax that it owns users' content









Following a hoax post that went viral, Facebook has reassured its users that they, not the company, own the copyright to the content they post on the social network.


This weekend, a number of users on the site began re-posting the viral status update proclaiming that users, not Facebook, own the copyrights to their content. The viral post implies that Facebook owns the copyright.


"In response to the new Facebook guidelines I hereby declare that my copyright is attached to all of my personal details," the viral post says. "For commercial use of the above, my written consent is needed at all times!"





The post is very similar to those that have floated around in the past, particularly earlier this year after Facebook became a public company. What appears to have set off the latest viral post was an announcement by Facebook last week that it was proposing to amend and alter parts of its privacy policy.


But the policy change involves users' Facebook voting rights, not the copyright of their content.


Facebook's copyright terms remain the same as those on the terms of service that users agree to when they join the site. Those terms say users own the copyright to their content but license it to Facebook so that the social network can share it with your friends.


"If you upload a photo and share it with your friends, we'll make that photo available and distribute it to your friends," a spokesman for the company told The Times on Monday in an email. "And, when you delete a photo, we delete it too."


Facebook recommends that users consult a fact check on their policies.


For detailed information, you can read more about Facebook's copyright terms (in the second section of the webpage).


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Attack on Pakistani Shia Muslims kills five, injures 70









ISLAMABAD, Pakistan — A bomb blast in northwest Pakistan killed five people and injured 70 others Sunday, provincial and local authorities said, the latest in a wave of attacks that have struck the country’s minority Shiite Muslim community despite a host of stringent security measures, including wide-scale cellphone service bans and prohibitions on motorcycle riding in several cities.


The attack in Dera Ismail Khan was the second to strike the city of 119,000 this weekend and the fourth in five days directed at Shiite Muslims as they commemorate the anniversary of the 7th century martyrdom of Imam Hussein, a grandson of the prophet Muhammad. A remote-controlled bomb planted in a shop exploded as a procession of Shiite Muslims passed by, police said.  


On Saturday in Dera Ismail Khan, seven people were killed and 26 others injured by a remote-controlled bomb buried under a pile of garbage that exploded while a Shiite Muslim procession moved past. Shiite Muslims commemorate Imam Hussein’s death with large processions that wend their way through cramped neighborhoods in dozens of Pakistani cities, creating a formidable challenge for police assigned to provide security for the mourners.





No one had claimed responsibility for Sunday’s attack, though suspicion immediately focused on the Pakistani Taliban, the country’s homegrown insurgency. The group had previously said it was behind the wave of violence against Shiite Muslims earlier in the week. The Shiite Muslim community remains a prime target for the Pakistani Taliban and other Sunni militant groups, which regard Shiite Muslims as heretics.


In one of the earlier attacks this week, a suicide bomber slipped into a procession of more than 150 Shiite Muslims late Wednesday in the garrison city of Rawalpindi and detonated his explosives-filled vest, killing 23 people and injuring 62 others, according to Rawalpindi police. Earlier on Wednesday, militants detonated two bombs outside a Shiite mosque in Pakistan’s largest city, Karachi, killing two people and injuring 12 others.


Anticipating a spike in attacks, Pakistani officials late last week announced a series of restrictions aimed at curbing violence against Shiite Muslims.


Cellphone service was suspended in dozens of Pakistani cities over the weekend, a measure aimed at preventing the use of cellphones as remote-control detonators. Because assailants often use motorcycles to carry out attacks, motorcycle riding was banned in Islamabad, the capital, and the southern cities of Hyderabad and Quetta. The Pakistani newspaper Express-Tribune reported that the northwest town of Haripur imposed a 15-day ban on the wearing of shawls and coats to prevent would-be attackers from hiding explosives and other weapons.


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