Corporations and execs need penalties that hurt

If you're concerned about corporate crime, 2012 looked like a pretty successful year for the good guys.

The Thousand Oaks biotech giant Amgen paid $762 million in fines and penalties and pleaded guilty to a federal charge related to illegal marketing of its anemia drug Aranesp. Britain's GlaxoSmithKline and Illinois-based Abbott Laboratories paid $3 billion and $1.5 billion in government penalties, respectively, in connection with their off-label promotions of blockbuster drugs. Glaxo's was the biggest drug company settlement in history.

The global bank HSBC paid a record $1.92 billion to settle federal accusations that it operated a huge money-laundering scheme for Mexican drug dealers and Middle Eastern terrorists. BP agreed to pay $4.5 billion and plead guilty to 11 felony counts in connection with the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It was the biggest federal criminal penalty ever.

To the companies, however, these big numbers are just chump change. Typically they don't even represent repayment of ill-gotten gains — more often merely the cost of doing business. And to the public, they're insults piled atop the injuries caused by the firms' wrongdoing.

"These fines are a carny act to keep the rubes happy," according to William K. Black, who was a thrift regulator during the savings and loan crisis of the 1980s. "It's cynical — the art is to make the amount sound large but make sure that it has no material effect."

What might really get the attention of the CEOs and other top executives of lawbreaking companies would be some time in the hoosegow. Does that sound quaint? If so, it's because not a single high-ranking executive of any of the companies mentioned above faced indictment or was even forced to step down.

The absence of criminal cases against perpetrators of the 2008 financial crisis is a continuing scandal. It's not as though there haven't been suitable candidates for the docket. Angelo Mozilo, the chairman of Countrywide Financial, was the face of mortgage company excesses in the housing bubble.

He settled Securities and Exchange Commission charges against him for $67.5 million (of which $45 million was covered by insurance companies and Countrywide's new owner, Bank of America). But although SEC documents showed he was fully aware that some of the mortgage products his firm was peddling were toxic garbage, federal prosecutors dropped their criminal case.

Earlier scandals produced plenty of pelts. Starting in the 1980s, the savings and loan crisis generated 30,000 criminal referrals from one regulatory agency alone, the Office of Thrift Supervision, according to Black, who oversaw the referral process for federal regulators as litigation director for the Federal Home Loan Bank Board and in other posts. Fast forward to the 2001 collapse of Enron. Its CEO, Jeffrey Skilling, is still serving a 24-year jail term. He might have been joined there by Enron Chairman Ken Lay, had Lay not died before his sentencing for 10 counts of fraud and other charges in 2006.

Federal prosecutors today say multibillion-dollar fines and related good-behavior pledges are as good as jail time at discouraging bad behavior — "the same punitive, deterrent and rehabilitative effect as a guilty plea," as Lanny A. Breuer, the Justice Department's white-collar crime chief, said in a speech last year.

But that's nonsense. For a corporation, the fines aren't even that big. The HSBC settlement comes to about 11 days' worth of revenue for that bank holding company; Abbott's about two weeks' worth. Amgen sells about $2 billion of Aranesp every year; the mismarketing for which it forked over $762 million lasted for years.

Prosecutors' interest in corporate white-collar cases has been dissipating like the air in an old balloon. The cases are complex and time consuming and require facts to be gathered by aggressive regulators (themselves a vanishing breed). After 9/11, national security became the hot field for ambitious crime fighters. The fewer convictions for corporate crime there are to make the news, the less interest there is in finding more. An important turning point came in 2008, when then-U.S. Atty. Gen. Michael Mukasey refused to appoint a task force to investigate mortgage fraud, dismissing it as "white-collar street crime."

Even when prosecutors are handed a weapon, they don't use it. The post-Enron Sarbanes-Oxley Act carries stiff criminal penalties for top executives who sign off on false financial statements. Statistics are hard to come by, but when the law marked its 10th birthday in mid-2012 the number of prosecutions it had produced appeared to be less than five.

But Black and other experts in white-collar crime say that effective deterrence comes only from putting the responsible executives in jail. "I question the efficacy of bringing a criminal case against an institution," says former California Treasurer Phil Angelides, who chaired the government's Financial Crisis Inquiry Commission, which held public hearings and issued a report on the causes of the 2008 financial meltdown. "Where they're warranted, the pursuit of criminal charges ought to be focused on individuals and the leadership, not inanimate entities."

Yet federal policy is moving in the opposite direction. Instead of criminal sanctions, the Justice Department relies increasingly on "corporate integrity agreements" or "deferred prosecution agreements." In the first case, a company averts indictment by agreeing to augment its internal legal controls; in the second, it acknowledges that it might be subject to prosecution if it's caught breaking the law again.

Either way, it's a free pass.

Corporate lawyers love these deals because history shows that the threat of subsequent prosecution is a paper tiger. Indeed, enforcement in the pharmaceutical industry, where illegal off-label marketing of drugs is an epidemic, is a joke. Pfizer, Novartis, Lilly and Schering-Plough have all entered into multiple corporate integrity agreements or other consent decrees; in almost every case, when the first one is breached, it's simply replaced by a new one. As of mid-2012, when the Glaxo settlement was announced, 25 major drug companies were operating under corporate integrity agreements, including eight of the 10 biggest firms in the industry — and more cases of illegal drug marketing were coming to light all the time.

Prosecutors resort to these deals because they're afraid that stringent penalties that damage a corporation will hurt innocent victims such as employees or suppliers. Imposing the nuclear option on a drug company, which is forbidding it to do business with Medicare and Medicaid, could mean depriving patients of needed medicine. Prohibiting a big bank from doing certain transactions could hurt the financial system.

But that means the regulation of corporate wrongdoing has become "all about damage control, not crime control," says Henry N. Pontell, a leading criminologist at UC Irvine. That gives corporations powerful leverage to avoid serious penalties, and it encourages the imposition of penalties firms can absorb as merely the cost of doing business.

There's light on the horizon, but it's not yet shining brightly. An SEC whistle-blowers program established by the 2010 Dodd-Frank Act, which allows tipsters to share in recoveries in securities fraud cases, received more than 3,000 tips in its first full year. But so far there's been only one payout, for $50,000.

And whistle-blowers can't shoulder the burden by themselves. What's needed is a new regulatory mind-set, and rewards for prosecutors who put guilty executives behind bars. You'll never stem corporate crime if it's treated as something to be wrist-slapped away while Jean Valjeans rot in jail for petty offenses.

"I always cite the following," says Angelides. "If someone robbed a 7-Eleven for $1,000 and they could settle a week later for $25 and no admission of wrongdoing, would they do it again? Absolutely."

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

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Youngest Holocaust survivors look to next generation

She was an orphan, a 14-year-old Jewish girl, when she went to the Berlin train station on a summer day in 1939, leaving behind all that she had ever known.

She had already experienced loss: her parents claimed by illness, her brother taken by the Nazis. Now Dora Gostynski was about to get on a train that would take her and hundreds of other Jewish children to safety — but they had to go without the comfort of their parents.

She remembered the other children's sobs as they embraced their parents, who had made the agonizing decision to give their children a chance at life, even if meant never seeing them again. And she remembered the parents who relented when their child didn't want to leave them. They walked away from the train station, and back into a world of danger.

"There was like an ocean of people and an ocean of tears," she said.

She was escaping Nazi Germany through the rescue mission Kindertransport, which carried about 10,000 youths to Britain and elsewhere for shelter during the Holocaust. Many — more than 60%, according to various estimates — never saw their parents again.

As they grew older, they sought out one another, drawn by a wrenching, shared experience. They founded the Kindertransport Assn., and kinder from around the world have gathered every other year for the last two decades.

The kinder are among the youngest Holocaust survivors, yet even they are now mostly in their 80s, a group thinned by the passing years. With each gathering, there are whispers that it could be the last.

At the most recent gathering, in an Irvine hotel, a much older Dora recalled the train station on that day more than 73 years ago. She recognized one of her classmates, a girl named Fritzy Hacker. Fritzy's mother hugged each of the girls tightly before they boarded the train together. "She said goodbye to the two of us like she was my mother too," she said.

But Dora couldn't stop thinking about her sister, Ida. They had applied for the Kindertransport mission together. But as they waited for word to arrive, her sister had turned 17. She missed being able to qualify by two months.

As the train chugged toward the Dutch border, she and Fritzy told themselves they were going on a field trip. The other passengers wept. She thought of her sister. She didn't know if she would ever see her again.

::

Dora — now Doris Small — is 89, and a mother, grandmother and great-grandmother. She was one of the remaining kinder who had come to share their stories of survival with one another and their children in the hopes that their history isn't forgotten after they are gone.

"My generation is dying off," said Michael Wolff, who at 76 is one of the youngest. He was 2 when his mother handed him over to a teenage girl to carry him to Scotland. When his father visited him months later, he did not recognize him.

The conference in Irvine represented a passing of a torch to the survivors' children and grandchildren to maintain the Kindertransport story. The gathering drew three dozen survivors, and for the first time, the gathering was organized by the second generation — "KT2," as they are called. More than half of those attending were the survivors' children, grandchildren and even great-grandchildren.

The conference reflected the push to connect generations, with sessions on writing memoirs and ethical wills and conversations in which moderators prompted open dialogue after years of silence. It was time for their children — and the world — to know their legacy.

"This is a story of survivors," said Wolff's son, Jeffrey, who was the conference chairman. He said they are "strong characters because they had to adjust, they had to adapt, they had to survive."

They were linked by traumatic experience, but the gathering, in some ways, had the feel of a high school reunion.

They reconnected with people they hadn't seen since they were children. The kinder and their children walked around with scrapbooks, flipping through pages of black and white photos hoping to identify the other children on their ship.

There was also a message board, where the kinder and their descendants left notes in hopes of finding others on the same voyage or track down those they haven't heard from since the war.

Did anyone stay in Cornwall during war and after in orphanage/hostel? Pls contact Linda

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Facebook updates Messenger app to support voice messages

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Adele's 2011 holdover '21' still tops in 2012

NASHVILLE, Tenn. (AP) — Turns out Adele ruled 2012, too — and set a record while she was at it.

The British singer's "21" was the highest-selling album in the U.S. for the second consecutive year, according to 2012 sales figures released by Nielsen SoundScan on Thursday. That's a first in the SoundScan era.

Adele sold 4.4 million copies of the album in 2012 after selling 5.8 million in 2011. She crossed the 10 million threshold in November and was only rivaled by Taylor Swift, whose "Red" was second on the list. If her album sales continue apace in 2013, '21' will move into the top 10 list for sales since 1993, when SoundScan began current tracking methods.

Gotye scored the year's top-selling song with "Somebody That I Used To Know" featuring Kimbra. The song was downloaded a record 6.8 million times. Carly Rae Jepsen's "Call Me Maybe" was next at 6.5 million. Both songs are the first to cross the 6 million digital sales mark, while fun. came close with 5.9 million downloads of "We Are Young" featuring Janelle Monae.

Forty-one songs crossed the 2 million download mark, helping drive digital and overall sales to a new high even as album sales began to drop again after a momentary gain.

A record 1.65 billion music units — combining physical albums, digital albums and digital songs — were sold in 2012, fueled by an increase of 9.1 percent in total digital sales and a 14.1 percent increase in digital album sales.

Overall, however, album sales declined 4.4 percent. That continues a downward trend since 2004 that was only briefly halted by last year's 3 percent gain — mostly due to the surprise success of "21." Only two genres showed album sales gains in 2012. Rock gained by 2 percent and country, fueled by the format's assault on the top 10, jumped 4.2 percent.

Swift led a record five country artists into the top 10, selling 3.1 million copies of "Red" in just over two months. Other country artists on the list included Carrie Underwood's "Blown Away" at No. 7 (1.2 million) followed by Luke Bryan's "tailgates & tanlines" (1.1 million), Lionel Richie's duets album "Tuskegee" (1 million) and Jason Aldean's "Night Train" (1 million).

One Direction nearly matched Swift's sales total, but did it by placing two 2012 releases in the top 10 — "Up All Night" placed No. 3 with 1.6 million sold and "Take Me Home" was fifth with 1.3 million.

Mumford & Son's "Babel" at No. 6 (1.4 million) and Justin Bieber's "Believe" at No. 6 (1.3 million) round out the top 10. Only 10 albums reached 1 million in sales.

Katy Perry received the most radio airplay for the second year in a row with 1.4 million spins, while Swift was the most streamed artist at 216 million streams.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Auto sales reach a new post-recession high

In a key sign of a stronger economy, automakers posted a strong December to cap off the industry's best annual U.S. sales since 2007.

The strong sales — Nissan, Hyundai, Kia, Mercedes-Benz, Subaru, Audi and Porsche all set annual U.S. sales records — led several encouraging economic reports out Thursday.

The private sector grew by 215,000 jobs in December, boosted by solid gains in construction, professional services and trade and transportation, according to Automatic Data Processing. Meanwhile, planned layoffs announced in December plunged to 32,556 — the second-lowest monthly total of 2012, according to outplacement consulting firm Challenger, Gray & Christmas Inc. Overall, last year had the lowest 12-month job-cut total since 1997.

That contrasted with a murkier forecast for the retail sector. Although stores moved plenty of product through the holidays, much of it sold at deep discounts, raising concerns about maintaining sales momentum. Major chains did, however, post a 4.5% sales increase over December 2011, beating analysts' expectations, according to a Thomson Reuters tally of 17 retailers.

Auto sales and a strengthening housing recovery look to be the big drivers of the economy this year, said David Shulman, senior economist at the UCLA Anderson Forecast.

"Part of the auto recovery is tied to housing, as businesses and the construction trades go out and purchase trucks and other vehicles," Shulman said.

December truck sales were particularly strong. Beyond the housing recovery, the surge was driven by big discounts, as Ford and Chevrolet battled for market share, and a worry by business that Congress would end certain tax advantages for truck purchases in its "fiscal cliff" negotiations. (The tax benefits ultimately survived the political fray.)

As the industry heads into 2013, analysts project annual sales of about 15.5 million vehicles, barring an unforeseen disaster or political meltdown over budget issues in Washington.

"I think the underlying fundamentals of the economy are very sound," said Mark Reuss, president of General Motors' North American operations. "Access to money is sound, you see employment steadily increasing.... That's pretty upbeat."

Automakers sold 14.5 million vehicles last year, up 13.4% from 2011, according to Autodata Corp. That included almost 1.4 million sold last month, a 9% gain compared with the prior December.

Still, some car companies are maintaining caution.

"It would have been nice if all the open questions with the 'fiscal cliff' would have been resolved over the holiday. But clearly they weren't, and that does extend this period of uncertainty from a consumer point of view," said Jonathan Browning, chief executive of Volkswagen Group of America.

Nonetheless, U.S. sales of the automaker's VW brand grew 35.4% to 44,005 vehicles last month — its best December since 1970.

Ford's F-series trucks, Chevrolet's Camaro, Toyota's Camry and Honda's CR-V were the bestselling models in their segments of the market.

In an age-old battle, GM's Chevrolet Camaro narrowly edged out Ford's Mustang — 84,391 versus 82,995 — to become the top-selling muscle car.

But Ford remained king in trucks. With sales of 645,316, its F-series pickup was the bestselling vehicle of any type in America last year, outselling the Chevrolet Silverado, which had sales of 418,312.

Once again, Toyota had the bestselling passenger car. It sold 404,886 Camrys, making the Camry the top-selling car and No. 3 among all vehicles. Honda sold 331,872 Accords and 317,909 Civics last year.

Honda's CR-V took the crown in the small sport utility segment. Honda sold 281,652 CR-Vs, while Ford's Escape finished at 261,008.

The BMW brand topped the luxury segment, ending 2012 with sales of 281,460 vehicles, a 13.5% gain from 2011. The Mercedes-Benz brand reported record annual sales of 274,134 vehicles, up 11.8% from the prior year. Meanwhile, Audi, the third German luxury brand, came on strong. It sold 139,310 new cars and SUVs, eclipsing the prior year's sales by 18.5%.

In the rechargeable car segment, Chevrolet's Volt retained an edge over Nissan's Leaf. GM sold 23,461 of the plug-in hybrid Volts last year — three times what it sold the previous year. Nissan sold 9,819 of the all-electric Leafs, just 145 more than in the prior year. Later this month it is set to announce improvements to the vehicle that it hopes will improve sales.

Volkswagen ruled sales of diesel vehicles. The automaker sold 90,295 diesels in 2012 — up 55% from 2011. Diesels now account for 1 of every 5 VW sales in the nation.

Nissan, including its Infiniti brand, sold more than 1.1 million vehicles, up 9.5% from 2011. It was also the first time the Nissan brand saw U.S. annual sales top 1 million. But Nissan was also one of the few automakers to report that its December U.S. sales declined, falling 1.6% to 99,290 vehicles from a year earlier.

A host of new vehicle offerings should help the industry's sales this year and next.

Automakers plan to make 43 new vehicle introductions in the U.S. this year — up nearly 50% from 2012 levels, according to auto research firm R.L. Polk & Co. In addition, 60 vehicle redesigns are expected in the coming year.

"A lot of marketing dollars are put into the product launches," said Tom Libby, a Polk analyst. "That drives showroom traffic and sales."

jerry.hirsch@latimes.com

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Bieber urges crackdown on paparazzi after photographer's death

Justin Bieber and his collection of exotic cars have been tantalizing targets for celebrity photographers ever since the young singer got his driver's license.

A video captured the paparazzi chasing Bieber through Westside traffic in November. When Bieber's white Ferrari stops at an intersection, the video shows the singer turning to one of the photographers and asking: "How do your parents feel about what you do?"

A few months earlier, he was at the wheel of his Fisker sports car when a California Highway Patrol officer pulled him over for driving at high speeds while trying to outrun a paparazzo.

This pursuit for the perfect shot took a fatal turn Tuesday when a photographer was hit by an SUV on Sepulveda Boulevard after taking photos of Bieber's Ferrari. And the singer now finds himself at the center of the familiar debate about free speech and the aggressive tactics of the paparazzi.

Since Princess Diana's fatal accident in Paris in 1997 while being pursued by photographers, California politicians have tried crafting laws that curb paparazzi behavior. But some of those laws are rarely used, and attorneys have challenged the constitutionality of others.

On Wednesday, Bieber went on the offensive, calling on lawmakers to crack down.

"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and the photographers themselves," he said in a statement.

It remained unclear if any legislators would take up his call. But Bieber did get some support from another paparazzi target, singer Miley Cyrus.

She wrote on Twitter that she hoped the accident "brings on some changes in '13 Paparazzi are dangerous!"

Last year, a Los Angeles County Superior Court judge threw out charges related to a first-of-its-kind anti-paparazzi law in a case involving Bieber being chased on the 101 Freeway by photographer Paul Raef. Passed in 2010, the law created punishments for paparazzi who drove dangerously to obtain images.

But the judge said the law violated 1st Amendment protections by overreaching and potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.

The L.A. city attorney's office is now appealing that decision.

Raef's attorney, Dmitry Gorin, said new anti-paparazzi laws are unnecessary.

"There are plenty of other laws on the books to deal with these issues. There is always a rush to create a new paparazzi law every time something happens," he said. "Any new law on the paparazzi is going to run smack into the 1st Amendment. Truth is, most conduct is covered by existing laws. A lot of this is done for publicity."

Coroner's officials have not identified the photographer because they have not reached the next of kin. However, his girlfriend, Frances Merto, and another photographer identified him as Chris Guerra.

The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. Tuesday. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the California Highway Patrol. The photographer arrived near the scene on Sepulveda, left his car and crossed the street to take photos. Sources familiar with the investigation said the CHP told him to leave the area. As he was returning to his vehicle, he was hit by the SUV.

Law enforcement sources said Wednesday that it was unlikely charges would be filed against the driver of the SUV that hit the photographer.

Veteran paparazzo Frank Griffin took issue with the criticism being directed at the photographer as well as other paparazzi.

"What's the difference between our guy who got killed under those circumstances and the war photographer who steps on a land mine in Afghanistan and blows himself to pieces because he wanted the photograph on the other side of road?" said Griffin, who co-owns the photo agency Griffin-Bauer.

"The only difference is the subject matter. One is a celebrity and the other is a battle. Both young men have left behind mothers and fathers grieving and there's no greater sadness in this world than parents who have to bury their children."

Others, however, said the death focuses attention on the safety issues involving paparazzi

"The paparazzi are increasingly reckless and dangerous. The greater the demand, the greater the incentive to do whatever it takes to get the image," said Blair Berk, a Los Angeles attorney who has represented numerous celebrities. "The issue here isn't vanity and nuisance, it's safety."

richard.winton@latimes.com

andrew.blankstein@latimes.com

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Apple may have sold up to 4 million iPhones to businesses in Q4

As we’ve mentioned countless times, it’s a good thing that RIM (RIMM) will release BlackBerry 10 soon, because otherwise Apple (AAPL) and Android will continue to wreck its market share among enterprise users. Benzinga reports that Trip Chowdhry, a managing director at Global Equities Research, has put out a research note estimating that Apple sold between 3 million and 4 million iPhones to businesses over the past quarter, some of whom have switched over from BlackBerry.

[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]

“This figure emerges from a combination of new purchase of iPhones and users switching to iPhones from Blackberry,” Chowdhry writes. “After the two-year contract expiration on Apple iPhone[s], [the] majority of the enterprises have replaced their employees’ current phones with the new iPhone 5.”

[More from BGR: Nokia predicted to abandon mobile business, sell assets to Microsoft and Huawei in 2013]

As for reasons why more companies are switching to the iPhone, Chowdhry says that salespeople for key enterprise apps such as Salesforce, Workday and VMware are increasingly “demonstrating their enterprise offering on iPhones, which is also acting as a trigger for enterprises to purchase iPhones for their employees.” Chowdhry also thinks that the advent of mobile device management software has boosted the iPhone’s security capabilities and has made it less risky for companies to adopt.

This article was originally published by BGR

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'Lincoln,' 'Les Miz,' 'Argo' earn producers honors

LOS ANGELES (AP) — The Civil War saga "Lincoln," the musical "Les Miserables" and the Osama bin Laden thriller "Zero Dark Thirty" are among the nominees announced Wednesday for the top honor from the Producers Guild of America.

Other best-picture contenders are the Iran hostage-crisis thriller "Argo"; the low-budget critical favorite "Beasts of the Southern Wild"; the slave-turned-bounty-hunter saga "Django Unchained"; the shipwreck story "Life of Pi"; the first-love tale "Moonrise Kingdom"; the lost-souls romance "Silver Linings Playbook"; and the James Bond adventure "Skyfall."

Walt Disney dominated the guild's animation category with three of the five nominees: "Brave," ''Frankenweenie" and "Wreck-It Ralph." The other nominees are Focus Features' "ParaNorman" and Paramount's "Rise of the Guardians."

Along with honors from other Hollywood professional groups such as actors, directors and writers guilds, the producer prizes help sort out contenders for the Academy Awards. Those nominations come out Jan. 10.

The guild, an association of Hollywood producers, hands out its 24th annual prizes Jan. 26. The big winner often goes on to claim the best-picture honor at the Oscars, which follow on Feb. 24.

Previously announced nominees by the Producers Guild for best documentary are "A People Uncounted," ''The Gatekeepers," ''The Island President," ''The Other Dream Team" and "Searching for Sugar Man."

Other nominees:

— TV drama series: "Breaking Bad," ''Downton Abbey," ''Game of Thrones," ''Homeland," ''Mad Men."

— TV comedy series: "30 Rock," ''The Big Bang Theory," ''Curb Your Enthusiasm," ''Louie," ''Modern Family."

— Long-form television: "American Horror Story," ''The Dust Bowl," ''Game Change," ''Hatfields & McCoys," ''Sherlock."

— Non-fiction television: "American Masters," ''Anthony Bourdain: No Reservations," ''Deadliest Catch," ''Inside the Actors Studio," ''Shark Tank."

— Live entertainment and talk television: "The Colbert Report," ''Jimmy Kimmel Live," ''Late Night with Jimmy Fallon," ''Real Time with Bill Maher," ''Saturday Night Live."

— Competition television: "The Amazing Race," ''Dancing with the Stars," ''Project Runway," ''Top Chef," ''The Voice."

— Sports program: "24/7," ''Catching Hell," ''The Fight with Jim Lampley," ''On Freddie Roach," ''Real Sports with Bryant Gumbel."

— Children's program: "Good Luck Charlie," ''iCarly," ''Phineas and Ferb," ''Sesame Street," ''The Weight of the Nation for Kids: The Great Cafeteria Takeover."

___

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5-Hour Energy’s ‘No Crash Later’ Claim Is Disputed

The distributor of the top-selling energy “shot,” 5-Hour Energy, has long claimed on product labels, in promotions and in television advertisements that the concentrated caffeine drink produced “no crash later” — the type of letdown that consumers of energy drinks often feel when the beverages’ effects wear off.

But an advertising watchdog group said on Wednesday that it had told the company five years ago that the claim was unfounded and had urged it then to stop making it.

An executive of the group, the National Advertising Division, also said that 5-Hour Energy’s distributor, Living Essentials, had publicly misrepresented the organization’s position about the claim and that it planned to start a review that could lead to action against the company by the Federal Trade Commission.

“We recommended that the ‘no crash’ claim be discontinued because their own evidence showed there was a crash from the product,” said Andrea C. Levine, director the National Advertising Division. The organization, which is affiliated with the Council of Better Business Bureaus, reviews ad claims for accuracy.

The emerging dispute between Living Essentials and the National Advertising Division is unusual because the $10 billion energy drink industry is rife with questionable marketing. And Living Essentials, which recently cited the advertising group’s support in seeking to defend the “no crash” claim, may have opened the door to greater scrutiny.

Major producers like 5-Hour Energy, Red Bull, Monster Energy and Rockstar Energy all say their products contain proprietary blends of ingredients that provide a range of mental and physical benefits. But the companies have conducted few studies to show that the costly products provide anything more than a blast of caffeine, a stimulant found in beverages like coffee, tea or cola-flavored sodas.

The dispute over 5-Hour Energy’s claim also comes as regulatory review of the high-caffeine drinks is increasing. The Food and Drug Administration recently disclosed that it had received reports over the last four years citing the possible role of 5-Hour Energy in 13 deaths. The mention of a product in an F.D.A. report does not mean it caused a death or injury. Living Essentials says it knows of no problems related to its products.

The issue surrounding the company’s “no crash” claim dates to 2007, when National Advertising Division began reviewing all of 5-Hour Energy’s marketing claims. That same year, the company conducted a clinical trial of the energy shot that compared it to Red Bull and Monster Energy.

At the time, Living Essentials was already using the “No crash later” claim. An article on Wednesday in The New York Times reported that the study had shown that 24 percent of those who used 5-Hour Energy suffered a “moderately severe” crash hours after consuming it. The study reported higher crash rates for Red Bull and Monster Energy.

When asked how those findings squared with the company’s “no crash” claim, Elaine Lutz, a spokeswoman for Living Essentials, said the company had amended the claim after the 2007 review by the National Advertising Division. In doing so, it added an asterisklike mark after the claim on product labels and in promotions. The mark referred to additional labeling language stating that “no crash means no sugar crash.” Unlike Red Bull and Monster Energy, 5-Hour Energy does not contain sugar.

Ms. Lutz said that based on the modification, the advertising accuracy group “found all of our claims to be substantiated.”

However, Ms. Levine, the advertising group’s director, took sharp exception to that assertion, saying it mischaracterized the group’s decision. And a review of the reports suggested that Living Essentials had simply added language of its choosing to its label rather than doing what the group had recommended — drop the “no crash” claim altogether.

That review concluded that the company’s 2007 study had shown there was evidence to support a “qualified claim that 5-Hour Energy results in less of a crash than Red Bull and Monster” Energy. But it added the study, which showed that 5-Hour Energy users experienced caffeine-related crashes, was inadequate to support a “no crash” claim.

Ms. Levine said Living Essentials had apparently decided to use the parts of the group’s report that it liked and ignore others.

Companies “are not permitted to mischaracterize our decisions or misuse them for commercial purposes,” she said.

She said the group planned to notify Living Essentials that it was reopening its review of the “no crash later” claim. If the company fails to respond or provides an inadequate response, the National Advertising Division will probably refer the matter to the F.T.C., she said.

A Democratic lawmaker, Representative Edward Markey of Massachusetts, has asked that the agency review energy drink marketing claims.

Asked about the position of the National Advertising Division, Ms. Lutz, the 5-Hour Energy spokeswoman, stated in an e-mail that the “no sugar crash” language had been added to address the group’s concern.

This article has been revised to reflect the following correction:

Correction: January 2, 2013

An earlier version of this article misstated the number of deaths in which the Food and Drug Administration said 5-Hour Energy possibly played a role. The number was 13, not 15.

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