‘Hobbit’ bests ‘Rings’ with $84.8 million opening

NEW YORK (AP) — Peter Jackson‘s “The Hobbit” led the box office with a haul of $ 84.8 million, a record-setting opening better than the three previous “Lord of the Rings” films.

The Warner Bros. Middle Earth epic was the biggest December opening ever, surpassing Will Smith’s “I Am Legend,” which opened with $ 77.2 million in 2007, according to studio estimates Sunday. “The Hobbit: An Unexpected Journey” also passed the December opening of “Avatar,” which opened with $ 77 million. Internationally, “The Hobbit” also added $ 138.2 million, for an impressive global debut of $ 223 million.

Despite weak reviews, the 3-D adaptation of J. R. R. Tolkien‘s first novel in the fantasy series was an even bigger draw than the last “Lord of the Rings” movie, “The Return of the King.” That film opened with $ 72.6 million. “The Hobbit” is the first of another planned trilogy, with two more films to be squeezed out of Tolkien’s book.

While Jackson’s “Rings” movies drew many accolades — “The Return of the King” won best picture from the Academy Awards — the path for “The Hobbit” has been rockier. It received no Golden Globes nominations on Thursday, though all three “Rings” films were nominated by the Hollywood Foreign Press Association for best picture.

Particularly criticized has been the film’s 48-frames-per-second (double the usual rate), a hyper-detailed look that some have found jarring. Most moviegoers didn’t see “The Hobbit” in that version, though, as the new technology was rolled out in only 461 of the 4,045 theaters playing the film.

Regardless of any misgivings over “The Hobbit,” the film was a hit with audiences. They graded the film with an “A” CinemaScore.

“What’s really important, what makes this special is the CinemaScore,” said Dan Fellman, president of domestic distribution for Warner Bros. “All these things point to a great word of mouth. We haven’t even made it to the Christmas holidays yet. Kids are still in school this week.”

The strong opening culminated a long journey for “The Hobbit,” which was initially delayed when a lawsuit dragged on between Jackson and “Rings” producer New Line Cinema over merchandizing revenue. At one point, Guillermo del Toro was to direct the film with Jackson producing. But eventually the filmmaker opted to direct the movie himself, originally envisioning two “Hobbit” films. The production also went through the bankruptcy of distribution partner MGM and a labor dispute in New Zealand, where the film was shot.

The long delay for “The Hobbit,” nearly a decade after the last “Lord of the Rings” film, made it “one of those movies that had everyone scratching their heads as to how it would open,” said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com.

“It’s been a decade since the ‘Lord of the Rings‘ trilogy concluded,” said Dergarabedian. “There’s been so much anticipation for this film and having Peter Jackson back at the helm just made it irresistible both to fans and the non-initiated alike.”

“The Hobbit” was far and away the biggest draw in theaters, with no other new wide release. Paramount’s “Rise of the Guardians” continued to draw the family crowd, with $ 7.4 million, bringing its cumulative total to $ 71.4 million. The Oscar contender “Lincoln” from Walt Disney crossed the $ 100 million mark, adding another $ 7.2 million to bring its six-week total to $ 107.9 million. And Sony‘s James Bond film “Skyfall,” with another $ 7 million domestically, drew closer to a global take of $ 1 billion.

The box office continued to be on the upswing and with anticipated releases like “Les Miserables,” ”Django Unchained” and “The Guilt Trip” approaching in the holiday moviegoing season. Dergarabedian expects the year to break the 2009 record of $ 10.6 billion. With some $ 10.2 billion in revenue thus far, he said, “We’re on track to be in that realm.”

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. “The Hobbit: An Unexpected Journey,” $ 84.8 million ($ 138.2 million international).

2. “Rise of the Guardians,” $ 7.4 million ($ 20.1 million international).

3. “Lincoln,” $ 7.2 million.

4. “Skyfall,” $ 7 million ($ 12.2 million international).

5. “Life of Pi,” $ 5.4 million ($ 11.5 million international).

6. “The Twilight Saga: Breaking Dawn, Part 2,” $ 5.2 million ($ 13 million international).

7. “Wreck-It Ralph,” $ 3.3million ($ 4.7 million international).

8. “Playing for Keeps,” $ 3.2 million ($ 1.4 million international).

9. “Red Dawn,” $ 2.4 million.

10. “Silver Linings Playbook,” $ 2 million ($ 370,000 international).

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Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. “The Hobbit: An Unexpected Journey,” $ 138.2 million.

2. “Rise of the Guardians,” $ 20. 1 million.

3. “The Twilight Saga: Breaking Dawn, Part 2,” $ 13 million.

4. “Skyfall,” $ 12.2 million.

5. “Life of Pi,” $ 11.5 million.

6. “Wreck-It Ralph,” $ 4.7 million.

7. “26 Years,” $ 3.5 million.

8. “Whatcha Wearin’? (My P.S. Partner),” $ 3 million.

9. “Tutto Tutto Niente Niente,” $ 2.4 million.

10. “Pitch Perfect,” $ 2.3 million.

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

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China Plans on Continuity in Economic Policy in 2013

BEIJING — An annual conference that helps set economic policy in China ended with a lengthy government statement Sunday warning of difficulties in the global economy as well as industrial overcapacity and financial-sector risks at home.

But a review of the two-day conference’s activities, which was released by the official Xinhua news agency, suggested few changes in existing economic policies, calling for continuity for the time being.

The statement endorsed tax cuts, continued curbs on real estate speculation and a broader effort to increase domestic consumption and wean the economy from its dependence on exports and investment.

“The opportunities facing us are no longer the traditional ones of simply entering the international division of labor, expanding exports and accelerating investments, but rather new opportunities forcing us to expand domestic demand, improve innovative capacities and promoting the transformation of the mode of development,” the statement said.

Held in December each year, the Central Economic Work Conference in theory is jointly run by the Central Committee of the Communist Party and by the government’s cabinet of ministers. In reality, the Standing Committee of the Politburo has the power, and all seven of its members attended the conference, together with Prime Minister Wen Jiabao, who left the standing committee last month but remains in office as prime minister until the National People’s Congress next March.

While China has many economic opportunities, “we must soberly recognize that there are still many risks and challenges confronting our national development,” the overview released by Xinhua said. “Problems with imbalances, ill-coordination and lack of sustainability remain pronounced.”

“The contradiction between downward pressures on the economy and relative overcapacity in production is deepening,” the statement continued. “Business operating costs are rising while innovative capacities are inadequate. There are latent risks in the financial sphere.”

Previous annual conferences have lasted three days. The government issued no explanation of why the conference this year appeared to last only two days, opening Saturday and closing Sunday.

The conference called for the agricultural sector to pay attention to maintaining an adequate food supply for the population, and endorsed continued urbanization, a favorite theme of the incoming prime minister next March, Li Keqiang.

“Urbanization is a historic task of our country’s modernization, and also possesses the greatest potential for expanding domestic consumption,” the statement said.

The statement called for continued but unspecified industrial reforms to address the problem of overcapacity. It was not clear what would be done to address risks in the financial sector, but a government official had said before the conference that China’s leaders were eager to move toward the introduction of a system of bank deposit insurance.

The precise details of discussions at Central Economic Work Conferences sometimes take days or weeks to dribble out.

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Apple takes investors on a wild ride

SAN FRANCISCO — With only modest expectations, Robert Leitao of Santa Clarita made a decision in 1994 that would change his life. He bought Apple stock.

This was several years before Steve Jobs returned to resurrect Apple, long before the iPod, the iPhone or the iPads that would make Apple the most valuable company in the world. A $1 investment in Apple at the start of 1994 is now worth about $70.

"Even with the recent sell-off, I'm still doing very well with the stock," said Leitao, who works as director of operations at a Catholic church in Burbank. "Apple provided for a down payment on our home for our blended family of four kids."

Leitao is one of the countless people whose lives have been touched by Apple's stock, which has become a global economic force. It is now one of the most widely held stocks, and the most valuable. Even as Apple Inc.'s market value fell to $480 billion on Friday, it was still larger than the gross domestic product of Norway or Argentina, and more than the combined value of Google Inc. and Microsoft Corp.

Yet that astonishing size and economic influence is also what, many analysts believe, contributes to the extraordinary volatility that can make owning Apple's stock a hair-raising experience.

It was inevitable, analysts say, that after Apple's stock rose 74% in the first nine months of this year, a huge wave of selling would occur as fund managers locked in their profits. And yet, in recent years, these huge dips have been followed by even bigger run-ups that led to new record highs, a dynamic that one trader refers to as the "Apple slingshot."

That pattern has some analysts betting Apple will soar above $1,000 a share in 2013, a scenario almost guaranteed to drive the global obsession with the company's stock into an even greater frenzy.

"The impact on shareholders and on the economy is incredible," said Howard Silverblatt, senior index analyst for S&P Dow Jones Indices. "We've not seen anything like this in the modern trading era. Ever."

Even after the remarkable decade of Apple's revival, the company's stock managed to reach new milestones this year. Early in 2012, Apple became the sixth company ever to surpass $500 billion in market value. In August, it became the only company in history with a market value topping $622 billion.

That performance affects just about anyone who has a 401(k) account or a pension. According to FactSet, a research firm that tracks investment funds, 2,555 institutional investors — mutual funds, hedge funds and pension funds, among others — owned stock in Apple, just behind the 2,590 that held Microsoft stock, as of Sept. 30, the most recent date funds had to disclose their holdings. However, the value of that Apple stock held by institutional investors on that day was $427 billion, compared with $172 billion for Microsoft, according to FactSet.

Silverblatt said the only company that has come close to having such a strong influence on the broader stock markets since World War II is IBM in the early 1980s, when the PC revolution was just getting started. But not only is the value of Apple's stock remarkable, so is its volatility. Such large stocks rarely have such big, quick swings.

Apple shares peaked at $702.10 on Sept. 19, up from $401.44 at the start of the year, a run that astonished analysts. But just as remarkable has been its collapse, falling as low as $505.75 in intra-day trading Nov. 16.

"It's just amazing because it's such a large company," said Brian Colello, a senior research analyst at Morningstar. "The company lost about $35 billion in market cap in one day. That's the size of some large-cap stocks."

Yet such swings have become commonplace for Apple stock. Before its latest swoon of 23.4% since its September high, Apple had experienced three previous corrections of more than 10% over the last two years.

The value of Apple's stock and its extreme swings have made researching it and trading it almost a full-time job for some people. Jason Schwarz of Marina del Rey edits EconomicTiming.com, which sends out up to five newsletters each week to its 1,000 clients that focus in large measure on Apple. He also helps run Lone Peak Asset Management, which has about $500 million in assets.

Schwarz says that what he calls the "Apple slingshot" is actually a virtue of the shares.

"The extraordinary volatility is the result of Apple's strength," Schwarz said. "People try to blame the volatility on Apple's weaknesses."

Schwarz and many other Apple believers argue that people are making a big mistake when they try to understand the stock's behavior by focusing on various bits of bad news such as an executive shake-up, the Maps controversy or questions about market share or competition. They have almost nothing to do with the regular hits taken by Apple shares, the argument goes.

Instead, folks like Schwarz say more technical factors are at work, such as the fact that the fiscal year for many stock funds ends Oct. 31. When the stock peaked in September, many fund managers rushed to sell to lock in profits for the year. Apple stock makes so much money for so many people, then plummets when shareholders pause to reap their profits, Schwarz says.

The volatility has continued in recent weeks, the argument goes, because fears of higher taxes next year have many fund managers trying to take advantage of short-term swings to make bigger profits. That volatility offers tantalizing windows for huge, short-term profits for investors willing to take the risk.

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Stunning Views of Glaciers Seen From Space

To a geologist, glaciers are among the most exciting features on Earth. Though they seem to creep along at impossibly slow speeds, in geologic time glaciers are relatively fast, powerful landscape artists that can carve out valleys and fjords in just a few thousand years.

Glaciers also provide an environmental record by trapping air bubbles in ice that reveal atmospheric conditions in the past. And because they are very sensitive to climate, growing and advancing when it’s cold and shrinking and retreating when its warm, they can be used as proxies for regional temperatures.

Over geologic time, they have ebbed and flowed with natural climate cycles. Today, the world’s glaciers are in retreat, sped up by relatively rapid warming of the globe. In our own Glacier National Park in Montana, only 26 named glaciers remain out of the 150 known in 1850. They are predicted to be completely gone by 2030 if current warming continues at the same rate.

Here we have collected 13 stunning images of some of the world’s most impressive and beautiful glaciers, captured from space by astronauts and satellites.

Above: Bear Glacier, Alaska

This image taken in 2005 of Bear Glacier highlights the beautiful color of many glacial lakes. The hue is caused by the silt that is finely ground away from the valley walls by the glacier and deposited in the lake. The particles in this “glacial flour” can be very reflective, turning the water into a distinctive greenish blue. The lake, eight miles up from the terminus of the glacier, was held in place by the glacier, but in 2008 it broke through and drained into Resurrection Bay in Kenai Fjords National Park.

The grey stripe down the middle of the glacier is called a medial moraine. It is formed when two glaciers flow into each other and join on their way downhill. When glaciers come together, their lateral moraines, long ridges formed along their edges as the freeze-thaw cycle of the glacier breaks off chunks of rock from the surrounding walls, meet to form a rocky ridge along the center of the joined glaciers.

Image: GeoEye/NASA, 2005.

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It’s OK to crank up the music, Florida Supreme Court rules

TALLAHASSEE, Florida (Reuters) – Motorist Richard Catalano‘s five-year quest to crank up Justin Timberlake tunes on his way to work won the blessing of the Florida Supreme Court on Thursday.

In a unanimous ruling, the state’s highest court affirmed a pair of lower-court opinions that a 2007 state law prohibiting loud music while driving violated the U.S. Constitution’s First Amendment, which guarantees freedom of expression.

Catalano received a $ 73 ticket in 2007 for violating the newly enacted law that prohibited motorists from playing music that is “plainly audible” 25 feet away. Motorists traveling by hospitals, schools and churches were subjected to even stricter standards.

Catalano, a Clearwater lawyer, challenged the law as subjective, arguing that determining whether music was too loud was in the ears of the beholder.

Further, the law provides listeners with fewer protections than drivers of vehicles emitting political or commercial speech, who have more explicit protections under the U.S. Constitution.

Calling the law overly broad, Justice Jorge Labarga wrote that noncommercial speech was also protected. Though rejecting the notion that the law was too vague, Labarga said the state showed no compelling interest in muzzling audiophiles who also prefer to feel their favorite music.

“The right to play music, including amplified music, in public fora is protected under the First Amendment,” Labarga wrote.

A message left with Catalano was not immediately returned Thursday.

(Editing by Jane Sutton; Editing by Will Dunham)

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School Yoga Class Draws Religious Protest From Christians

T. Lynne Pixley for The New York Times

Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »

ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.

Jackie Bergeron’s first-grade yoga class was in full swing.

“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”

Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.

A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.

After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.

Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.

“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”

Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.

Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.

Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.

“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.

“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.

The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.

The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.

The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.

Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.

The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.

“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”

Ms. Eady is not convinced.

“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”

Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.

“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”

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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

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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.

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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

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