Former IndyMac CEO Michael Perry to pay $1 million in settlement

Former IndyMac Bancorp Chairman and Chief Executive Michael W. Perry has agreed to pay $1 million and be banished from the banking industry to settle government claims that he overloaded the Pasadena thrift with risky home loans before it collapsed in July 2008.

The Federal Deposit Insurance Corp. is dropping its $600-million negligence lawsuit against Perry in return for the personal payment and the right to seek $11 million from IndyMac's insurance carriers, Perry's lawyers and the FDIC said in statements released Friday.

The collapse of IndyMac is considered one of the early events that helped usher in the 2008 financial meltdown. A run on the bank's deposits wound up costing the FDIC insurance fund $13 billion — by far the most costly bank failure of the crisis.

Perry has continued to maintain that he did nothing wrong. A statement from the lawyers said he was settling "in large part" because the corporate insurance funds for his defense had been exhausted battling lawsuits brought against him and other former bank insiders.

"Mike Perry was a smart, honest and highly capable CEO who did all he could to save IndyMac Bank," said defense attorney D. Jean Veta of Washington, D.C.

Of the executives the government has accused of civil wrongdoing in the aftermath of the financial crisis, Perry was the most outspoken self-defender.

He even set up a website, http://www.nottoobigtofail.org, to dispute lawsuits brought by the FDIC, the Securities and Exchange Commission and private investors. Among other things, Perry noted that he had never sold his stock in IndyMac as the mortgage meltdown approached and then ripped through the industry.

Perry's lenders became the nation's largest issuer of so-called alt-A mortgages — home loans mostly based on borrowers' simple statements of their income rather than on tax returns. As such, they were commonly called "liar loans."

IndyMac's collapse was hastened when Sen. Charles E. Schumer (D-N.Y.) released a letter in June 2008 to the FDIC and other regulators, saying that "IndyMac's financial deterioration poses significant risks to both taxpayers and borrowers."

Veta said the FDIC's filings acknowledge that the agency did not blame Perry for causing the bank to fail. Instead, she said, "the FDIC insisted on pursuing an equally baseless simple negligence claim, alleging that Mr. Perry should have had a crystal ball, seen the financial crisis coming and stopped making loans sooner than IndyMac did."

FDIC spokesman Andrew Gray did not dispute Veta's characterization of the case. He issued a statement saying: "The FDIC as Receiver of IndyMac has settled with Michael Perry in an agreement that will bar him from banking and that recovers $1 million in personal assets and up to $11 million of insurance policy money."

The FDIC sued Perry in July 2011.

His No. 2 at the bank, former IndyMac President Richard Wohl, previously settled FDIC negligence claims for $1.4 million — most of it covered by the bank's directors and officers insurance policies, the FDIC said last week. The agency had not previously disclosed that settlement.

In a separate suit, the FDIC accused three former executives of negligence at an IndyMac division that made loans to home builders. A federal court jury in Los Angeles last week ordered the three to pay $169 million to the agency.

That case included evidence that Perry had questioned the aggressive loans made by the home builder division of his bank — a demonstration, Veta said, that he had taken "sound fiscal actions" to try to save IndyMac.

A sweeping SEC fraud case against Perry was largely tossed out this year by a federal judge. He recently settled the sole remaining claim in that lawsuit for $80,000.

scott.reckard@latimes.com

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Court ruling could cut California spending on Medi-Cal

SAN FRANCISCO — In a potential windfall for the state, a federal appeals court decided unanimously Thursday that California may cut reimbursements to doctors, pharmacies and others who serve the poor under Medi-Cal.

A three-judge panel of the 9th Circuit U.S. Court of Appeals overturned injunctions blocking the state from implementing a 2011 law that slashed Medi-Cal reimbursements by 10%. Medi-Cal, a version of Medicaid, serves low-income Californians.

The ruling could make it harder to find doctors for as many as 2 million new patients who could become eligible for Medi-Cal under President Obama's healthcare law — a possible 25% expansion of the program. California already provides one of the lowest rates of reimbursement in the nation for medical services to the poor, and there is a shortage of doctors to serve those patients.

Lynn S. Carman, an attorney for a group of pharmacies, said the decision would be costly for providers, worsen the doctor shortage and would be appealed.

"If this decision stands it will not only destroy the Medicaid program in California, but it will destroy the Obamacare program for millions of Americans who are now being shoved into the Medicaid program under the Affordable Care Act," Carman said.

"They will not be able to obtain quality healthcare or access to services because providers cannot provide services at less than what it costs to furnish them," Carman said.

The ruling could make it considerably easier for the state to close its budget gap.

The state is facing a $1.9-billion deficit next year, although Proposition 30's temporary tax hike and an improving economy are projected to shift the state back into surpluses in the near future.

Medical providers said Thursday that the cutback should be lifted now that the state's fiscal outlook has improved. The ruling can be applied retroactively to June 1, 2011.

"Now that the state has money, it would be like Scrooge for Gov. Brown not to pass a bill to eliminate at least the retroactivity part of it," Carman said.

For the governor, Medi-Cal cuts could serve one policy aim at the expense of another.

Balancing the budget has been Brown's first priority since taking office, and cutting healthcare — the state's second-biggest cost after education — has been key to his fiscal goal.

But at the same time, he has wanted California to be out front in healthcare reform, and lead the country in efforts to put the federal law into place.

A spokesman for Gov. Brown released a statement Thursday that implied that Brown was inclined to put his budget priorities first, and was not likely to rescind the cuts.

"Today's decision allows California to continue providing quality care for people on Medi-Cal while saving the state millions of dollars in unnecessary costs," the spokesman wrote.

In a ruling written by Judge Stephen S. Trott, appointed by President Reagan, the panel said the lower court injunctions were unwarranted because the federal government had approved the cuts.

"Neither the State nor the federal government 'promised, explicitly or implicitly,' that provider reimbursement rates would never change," Trott wrote.

California has estimated that the 10% cut to medical providers and pharmacies would save the state $50 million a month.

Medi-Cal typically covers families and disabled Californians. The federal law will extend its coverage to single, childless adults beginning in 2014.

The California Medical Assn., which joined dentists, pharmacists, medical suppliers and medical response companies in trying to block the cutbacks, urged Brown to repeal them.

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Facebook, Google tell the government to stop granting patents for abstract ideas

Facebook (FB), Google (GOOG) and six other tech companies have petitioned the courts to begin rejecting lawsuits that are based on patents for vague concepts rather than specific applications, TechCrunch reported. The agreement, which was cosigned by Zynga (ZNGA), Dell (DELL), Intuit (INTU), Homeaway (AWAY), Rackspace (RAX), and Red Hat (RHT), notes the only thing these abstract patents do is increase legal fees and slow innovation in the industry. The companies claim that “abstract patents are a plague in the high tech sector” and force innovators into litigation that results in huge settlements or steep licensing fees for technology they have already developed on their own, which then leads to higher prices for consumers.

“Many computer-related patent claims just describe an abstract idea at a high level of generality and say to perform it on a computer or over the Internet,” the briefing reads. “Such barebones claims grant exclusive rights over the abstract idea itself, with no limit on how the idea is implemented. Granting patent protection for such claims would impair, not promote, innovation by conferring exclusive rights on those who have not meaningfully innovated, and thereby penalizing those that do later innovate by blocking or taxing their applications of the abstract idea.”

The companies conclude, “It is easy to think of abstract ideas about what a computer or website should do, but the difficult, valuable, and often groundbreaking part of online innovation comes next: designing, analyzing, building, and deploying the interface, software, and hardware to implement that idea in a way that is useful in daily life. Simply put, ideas are much easier to come by than working implementations.”

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One Direction named MTV's 2012 Artist of the Year

NEW YORK (AP) — They're platinum. They're fascinating. And now One Direction is MTV's 2012 Artist of the Year.

MTV says the fivesome is "the clear choice for the top spot" after a year that included two No. 1 albums, hits such as "What Makes You Beautiful" and a sold-out world tour.

One Direction's Louis (LOO'-ee) Tomlinson calls Thursday's honor "the icing on the cake."

MTV's team of music staffers chose Carly Rae Jepsen's "Call Me Maybe" as song as the year.

One Direction placed third on the U.K. version of "The X Factor" in 2010 and made their U.S. debut in March with the No. 1 album "Up All Night." Their sophomore album, "Take Me Home," was the year's third-highest debut.

The group also made Barbara Walters' most fascinating people of 2012 list.

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Paper Links Nerve Agents in ’91 Gulf War and Ailments

Reviving a 20-year debate over illnesses of veterans of the 1991 Persian Gulf war, a new scientific paper presents evidence that nerve agents released by the bombing of Iraqi chemical weapons depots just before the ground war began could have carried downwind and fallen on American troops staged in Saudi Arabia.

The paper, published in the journal Neuroepidemiology, tries to rebut the longstanding Pentagon position, supported by many scientists, that neurotoxins, particularly sarin gas, could not have carried far enough to sicken American forces.

The authors are James J. Tuite and Dr. Robert Haley, who has written several papers asserting links between chemical exposures and gulf war illnesses. They assembled data from meteorological and intelligence reports to support their thesis that American bombs were powerful enough to propel sarin from depots in Muthanna and Falluja high into the atmosphere, where winds whisked it hundreds of miles south to the Saudi border.

Once over the American encampments, the toxic plume could have stalled and fallen back to the surface because of weather conditions, the paper says. Though troops would have been exposed to low levels of the agent, the authors assert that the exposures may have continued for several days, increasing their impact.

Though chemical weapons detectors sounded alarms in those encampments in the days after the January 1991 bombing raids, they were viewed as false by many troops, the authors report.

But a significant number of medical experts have cast doubts on the sarin gas theory over the years, and several said Thursday that the new paper did little to change their minds.

Dr. John Bailar, an emeritus professor at the University of Chicago who led a group that studied gulf war illnesses in 1996, said there was still no clear evidence that troops might have been exposed to levels of sarin significant enough to have a biological effect.

Dr. Bailar said that the stress of war rather than chemical agents might be a more likely cause of the veterans’ problems. “Gulf war syndrome is real,” he said, using the term for a constellation of symptoms. “And the veterans who have it deserve appropriate medical care. But we should not kid ourselves about its causes or about the most effective means of treatment.”

Nearly half of the 700,000 service members who were deployed in 1990 and 1991 for the gulf war have filed disability claims with the Department of Veterans Affairs, and more than 85 percent of those have been granted benefits, the department has reported.

Many of those veterans have reported long-lasting problems, including chronic pain, memory loss, persistent fatigue and diarrhea, some of which had no clear causes. Many veterans insist that their problems are not the result of stress but have a biological basis.

Paul Sullivan, a gulf war veteran who has advocated for more research into the illnesses, said the new paper provided “overwhelming scientific evidence” that exposure to chemical agents sickened those troops and that the Department of Veterans Affairs should ensure that all receive health care and benefits.

Panels of medical experts have come down on both sides of the issue, with one group in 2000 questioning whether low levels of sarin could cause long-term health problems and another in 2004 concluding that toxic chemicals had caused neurological damage in many troops.

The Pentagon has acknowledged that the postwar demolition of a chemical weapons depot at Kamisiya, in southern Iraq, may have exposed 100,000 troops to nerve gas. But the military has said it was unlikely that nerve gas caused long-term illnesses in troops, a position it reiterated on Thursday.

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Retailers scramble to woo shoppers in final days before Christmas

The holiday crunch is on at the mall, and Toys R Us is opening all its stores for 88 straight hours until Christmas Eve. And, for the first time, Macy's is staying open at most stores for 48 hours nonstop the final weekend before Christmas.

In the rush to woo shoppers, merchants this year are upping the ante. Banana Republic is giving away six Fiat cars. Kohl's is picking up the tab for a shopper in each of its stores every day until Christmas Eve. And Sport Chalet will have a scuba-diving Santa at some of its stores Saturday.

Across the nation, retailers are scrambling to draw customers into stores and online in the last days leading up to Christmas, in the hope that shoppers will deliver a last-minute cash infusion at a crucial time for merchants. After a successful Black Friday weekend that netted a record $59.1 billion in sales, stores have seen an unwelcome drop-off in business.

What happens in the next two weeks may be vital not only for merchants but also for the nation's fragile economic recovery, because consumer spending of all kinds makes up about 70% of the U.S. economy.

This weekend and next hold the key to boom or bust. "This holiday, the highs have been higher and the lows lower for retailers," industry analyst Marshal Cohen said. "That means we need a good, strong finish to come out even."

The National Retail Federation is sticking to its prediction of $586.1 billion this year, up 4.1% from last year.

With an extra weekend this year between Thanksgiving and Christmas, many stores say that traffic has plummeted in the last few weeks as shoppers gave their credit cards a rest after splurging on Black Friday and Cyber Monday. Independent boutiques and national retailers alike are anxiously waiting for a surge of shoppers at the very end.

Liz Williamson and last-minute shoppers like her may dictate the outcome. With a dozen family members and friends on her holiday list, "I have to get started now or I'm going to end up running through the malls on Christmas Eve," said the Los Angeles accountant, who was hunting at the Americana at Brand shopping center. "It's get-it-done time."

Shopper Colleen Chang, 26, hasn't started shopping either. "I've started feeling a little crazy," said the Los Angeles leasing agent, who has budgeted $400. "You have to know exactly what you want because pretty soon there's just nothing left and you have to take what you can get."

"Procrastinators will be the secret weapon for either a ho-ho holiday or a ho-hum one," Cohen said.

With 11 days to go, shipping deadlines loom for online orders. Christmas parties are in full swing. Advertising blares. Last-minute sales scream for attention. Holiday music won't let you alone. Time is running out.

Retailers have plenty of shoppers to win over. Nearly a fifth of consumers have yet to start holiday shopping, while 21% plan to drop into stores again after taking a break from post-Thanksgiving splurging, the research firm NPD Group estimated Thursday.

"Every day feels like a sprint. Across the board we see a lot of traffic right now both online and in store," said Brian Hanover, a spokesman at Sears, which is rolling out another round of door-busters Friday and Saturday.

Despite the looming fiscal cliff in Washington and the prospect of higher taxes next year, retailers expect that people will open their wallets for last-minute gifts.

Kevin Jewelers in the Glendale Galleria is hoping for the traditional surge of procrastinators after a disappointing two weeks, diamond consultant Grace Figues said.

"We're still waiting for the rush," she said. "Lately it's been high-low, high-low just like a normal month. We would welcome the craziness."

At the Best Buy store in Westfield Culver City, general manager Margie Kenney said this weekend is "tremendously important" and will be "one of our busiest weekends after Black Friday."

Both bricks-and-mortar and Web merchants will probably enjoy a boost during the next two Saturdays, which typically hold the No. 3 and No. 2 spots for top shopping days of the year after Black Friday, said Bill Martin of retail technology firm ShopperTrak.

"There's still plenty of shopping left," he said. "Some people are just willing to outlast the retailer and wait for the next wave of serious discounts."

At the Americana at Brand, Stella Yu of Glendale had just begun searching for gifts for her family and close friends. But the 25-year-old graduate student, a veteran last-minute shopper, is already mentally preparing herself for the thick crowds, jammed parking lots and general mall madness as the clock ticks down to Christmas.

"I hate humans during holiday shopping," Yu sighed, "especially the ones with kids."

shan.li@latimes.com

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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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New Flickr iPhone app to compete with Instagram and Twitter with 16 filters

Hot on the heels of its email redesign, Yahoo (YHOO) announced on Wednesday that it has completely redesigned the Flickr iPhone app. The new app borrows heavily from Instagram and focuses on what makes Flickr special: photos and communities. Yahoo’s new Flickr app also includes 16 filters with their own fancy names to go head-on with Instagram and Twitter’s recently updated app that added eight filters. Users can now access the Flickr app with numerous accounts including Facebook (FB) and Google (GOOG) and photos can be shared to Facebook, Twitter, Tumblr or via email. The new Flickr app is available for free on iPhone but to our disappointment, there isn’t an iPad-optimized version.

Ellis Hamburger from The Verge penned an interesting editorial on how Twitter misses the mark by simply adding filters to its app without having the close community that makes Instagram so addictive. Led by CEO Marissa Mayer, Yahoo seems aware that mobile apps thrive on the communities that sprout up. The new Flickr app’s emphasis on how the images are displayed and shared in visually appealing and digestible thumbnails suggests Yahoo finally understands mobile.

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Music, comedy strike defiant tone at Sandy concert

NEW YORK (AP) — Music and comedy royalty struck a defiant tone in a benefit concert for Superstorm Sandy victims on Wednesday, asking for help to rebuild a New York metropolitan area most of them know well.

The sold-out Madison Square Garden show was televised, streamed online and aired on radio all over the world. Producers said up to 2 billion people could experience the concert live.

"When are you going to learn," comic and New Jersey native Jon Stewart said. "You can throw anything at us — terrorists, hurricanes. You can take away our giant sodas. It doesn't matter. We're coming back stronger every time."

Jersey shore hero Bruce Springsteen set a roaring tone, opening the concert with "Land of Hope and Dreams" and "Wrecking Ball." He addressed the rebuilding process in introducing his song "My City of Ruins," noting it was written about the decline of Asbury Park, N.J. before that city's renaissance over the past decade. What made the Jersey shore special was its inclusiveness, a place where people of all incomes and backgrounds could find a place, he said.

"I pray that that characteristic remains along the Jersey shore because that's what makes it special," Springsteen said.

He mixed a verse of Tom Waits' "Jersey Girl" into the song before calling New Jersey neighbor Jon Bon Jovi to join him in a rousing "Born to Run." Springsteen later returned the favor by joining Bon Jovi on "Who Says You Can't Go Home."

Adam Sandler hearkened back to his "Saturday Night Live" days with a ribald rewrite of the oft-sung "Hallelujah" that composer Leonard Cohen never would have dreamed. The rewritten chorus says, "Sandy, screw ya, we'll get through ya, because we're New Yawkers.

Sandler wore a New York Jets T-shirt and mined Donald Trump, Michael Bloomberg, the New York Knicks, Times Square porn and Jets quarterback Mark Sanchez for laugh lines.

The music lineup was heavily weighted toward classic rock, which has the type of fans able to afford a show for which ticket prices ranged from $150 to $2,500. Even with those prices, people with tickets have been offering them for more on broker sites such as StubHub, an attempt at profiteering that producers fumed was "despicable."

"This has got to be the largest collection of old English musicians ever assembled in Madison Square Garden," Rolling Stones rocker Mick Jagger said. "If it rains in London, you've got to come and help us."

In fighting trim for a series of 50th anniversary concerts in the New York area, the Stones ripped through "You've Got Me Rockin'" and "Jumping Jack Flash.

Jagger wasn't in New York City for Sandy, but he said in an interview before the concert that his apartment was flooded with 2 feet of water.

Eric Clapton switched from acoustic to electric guitar and sang "Nobody Knows You When You're Down and Out" and "Crossroads." New York was a backdrop for Clapton's personal tragedy, when his young son died after falling out of a window.

Roger Waters played a set of Pink Floyd's spacey rock, joined by Eddie Vedder for "Comfortably Numb." Waters stuck to the music and left the fundraising to others.

"Can't chat," he said, "because we only have 30 minutes."

The sold-out "12-12-12" concert was being shown on 37 television stations in the United States and more than 200 others worldwide. It was to be streamed on 30 websites, including YouTube and Yahoo, and played on radio stations. Theaters, including 27 in the New York region and dozens more elsewhere, were showing it live.

Proceeds from the show will be distributed through the Robin Hood Foundation. More than $30 million was raised through ticket sales alone.

The powerful storm left parts of New York City underwater and left millions of people in several states without heat or electricity for weeks. It's blamed for at least 125 deaths, including 104 in New York and New Jersey, and it destroyed or damaged 305,000 housing units in New York alone.

Other concert performers were to include Long Islander Billy Joel ("New York State of Mind") and New Yorker Alicia Keys ("Empire State of Mind"). Even Liverpool's Paul McCartney has a New York office, Hamptons home and a wife, Nancy Shevell, who spent a decade on the board of the agency that runs New York's public transit system.

E Street Band guitarist Steve Van Zandt said backstage that musicians are often quick to help when they can.

"Yes, it's more personal because literally the Jersey shore is where we grew up," he said. "But we'd be here anyway."

The concert came a day after the death of sitar master Ravi Shankar, a performer at the 1971 "Concert for Bangladesh" considered the grandfather of music benefits. That concert also was in Madison Square Garden.

___

AP Music Writer Mesfin Fekadu in New York contributed to this report.

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Eli Lilly to Conduct Additional Study of Alzheimer’s Drug

The drug maker Eli Lilly & Company said on Wednesday that it planned an additional study of an experimental Alzheimer’s drug that failed to improve the condition of people with the disease, saying that it remained hopeful about the drug’s prospects.

The newest study is expected to get under way in the third quarter of 2013 and will focus on patients with mild Alzheimer’s disease. Lilly released results of two clinical trials in August that showed the drug, called solanezumab, did not significantly improve either the cognition or the daily functioning of people with mild and moderate forms of the disease. But despite that failure, the results also gave some reason for hope: when patients with mild Alzheimer’s were separated out, the drug was shown to significantly slow their decline in cognition.

In a statement on Wednesday, the company said it decided not to pursue approval of the drug based on existing study results after it met with officials from the Food and Drug Administration. A Lilly executive said, however, that the company was still optimistic.

“We remain encouraged and excited by the solanezumab data,” David Ricks, a senior vice president at Lilly and president of Lilly Bio-Medicines, said in the statement. “We are committed to working with the F.D.A. and other regulatory authorities to bring solanezumab to the millions of patients and caregivers suffering from this devastating disease who urgently need this potential treatment.”

The Lilly drug is the second Alzheimer’s treatment to fail in clinical trials this year. Pfizer and Johnson & Johnson stopped development of a similar treatment, bapineuzumab, after it, too, was not shown to work. Both drugs target beta amyloid, a protein in the brain that is found in people with Alzheimer’s disease.

Lilly shares closed at $49, down 3.2 percent.

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