The Legal Street News Oct 1

8
UNITED NATIONS (AP) -- Israeli Prime Minister Benjamin Netanyahu will make his case against Iran before the United Nations General Assembly on Thursday, arguing that time is quickly running out to stop the Islamic Republic from becoming a nuclear power and the threat of force must be seriously considered. His demand that President Barack Obama declare "red lines" that would trigger an American attack on Iran's nuclear facilities has been reject- ed in Washington and sparked a public rift between the two leaders. But a senior Israeli official in Netanyahu's entourage said the prime minister's speech will "lay a clear red line" that will not contradict Obama's words. "Israel and the U.S. have a common goal to prevent Iran from obtaining nuclear weapons. The prime minister's remarks drawing a red line will help that this is attained," the senior official said. Foreign Minister Avigdor Lieberman said this is not the first time that there have been disagree- ments between the positions of Israel and the United States and that this will not "in any way harm the strong friendship between the two coun- tries." Netanyahu claims international diplomatic efforts and economic sanctions have failed, but a new report from the Israeli Foreign Ministry, leaked Thursday, concludes that sanctions are hit- ting Iran hard. According to the report, details of which appeared in the Haaretz newspaper, Iran's oil exports declined by over 50 percent in the past year and sanctions on Iran's central bank have made it difficult for the regime to access its foreign currency. An Israeli official confirmed the new report but refused to elaborate on it. The official spoke on condition of anonymity because he was not authorized to discuss internal government docu- ments. Netanyahu's time at the U.N. podium gives him an opportunity in front of the international community to press his case once again, perhaps in a final plea before Israel takes matters into its own hands. Israeli leaders have issued a series of warnings in recent weeks suggesting that if Iran's uranium enrichment program continues it may soon stage a unilateral military strike, flouting even American wishes. The Obama administration has urgently sought to hold off Israeli military action, which would likely result in the U.S. being pulled into a conflict and cause region-wide mayhem on the eve of American elections. Such an attack would almost certainly lead to retaliatory Iranian missile strikes on Israeli popu- lation centers. On Sunday, Iranian leaders sug- THE LEGAL STREET NEWS Place Stamp Here Mailing Address Circulated Weekly To Cities In Florida Volume 731 Issue 39 Established 1998 October 1, 2012 NETANYAHU BRINGS F E A R S A B O U T I R A N T O U N In The News This week gested they may strike Israeli preemptively if they feel threatened. Israel considers a nuclear-armed Iran to be an existential threat, citing Iranian calls for Israel's destruction, Iran's development of missiles capable of striking the Jewish state and its support for hostile Arab militant groups. Also Thursday, on the sidelines of the General Assembly, key figures will gather for a Friends of Yemen meeting that will be co-chaired by British Foreign Secretary William Hague, Yemen's President Abed Rabbo Mansour Hadi and Saudi Arabia's Deputy Foreign Ministe Abdulaziz bin Abdullah Abdullah. The meeting will produce a communique aimed at generating support for Hadi, who took office in February after more than a year of political turmoil and is now trying to steer his country's democratic transition. Later, political directors from the United States, Russia, China, Britain, France and Germany will be meeting on the Iranian nuclear issue. A few hours before Netanyahu flew to the U.S., Iranian leader Mahmoud Ahmadinejad, known for past fiery denunciations of the United States and Israel, spoke at length about his vision for a "new world order" during his speech at the U.N. His speech on Wednesday happened to fall on Yom Kippur, the most sacred day on the Jewish calendar, devoted to fasting, prayer and introspection. Netanyahu issued a statement condemning the speech soon after the fast ended. "On the day when we pray to be inscribed in the book of life a platform was given to a dictatorial regime that strives, at every opportunity, to sentence us to death," Netanyahu said. `In my remarks to the UN General Assembly, they will hear my response. History has proven that those who have wanted to wipe us off the map have failed, as the Jewish People have overcome all obstacles," Netanyahu said. Netanyahu has said he is going to the U.N. to draw attention to what Israel perceives as the Iranian threat. Speaking to his Cabinet on Sunday, he said at the U.N. he would "reiterate that the most dangerous country in the world must not be allowed to arm itself with the most danger- ous weapon in the world." He did not elaborate. On Tuesday, the Maariv daily reported that Netanyahu would spell out what limits the interna- tional community should set for Iran to prevent it from becoming a nuclear power and how long that will take. Netanyahu has never laid out these lim- its precisely. Iran insists its nuclear program is for peaceful purposes but Israel, the U.S. and other Western allies reject the claim. Four rounds of U.N. sanc- NETANYAHU BRINGS FEARS ABOUT IRAN TO UN Time is quickly running out to stop the Islamic Republic from becoming a nuclear power and the threat of force must be seriously considered. Page 1 CAN NEw COllEGE STUdENTS AFFORd THE dEBT with college enrollment growing, student debt has stretched to a record number of U.S. house- holds. Page 2 POPE'S EX-BUTlER GOES ON TRIAl FOR lEAKEd PAPERS There was a time when a Vatican trial could end with a heretic being burned at the stake. Paolo Gabriele doesn't risk nearly as dire a fate. Page 3 FlORIdA ACCIdENT STATISTICS Accident Statistics from Florida department of Highway Safety and Motor Vehicles. Page 4 FlORIdA ACCIdENT REPORTS This weeks Accident Reports from Various countys in Florida. Page 5 US MIlITARY dEATHS IN AFGHANISTAN HIT 2,000 2,000U.S. military deaths in the Afghan war have reached 2,000, a cold reminder of the human cost of an 11-year-old conflict. Page 6 MEdICARE FINES OVER HOSPITAlS' REAdMITTEd PATIENTS If you or an elderly relative have been hospi- talized recently and noticed extra attention when the time came to be discharged. Page 7 BOMBS ROCK IRAQ, KIllING 26 IN COORdINAT- Ed ATTACKS A firefight broke out between U.S. forces and their Afghan army allies in eastern Afghanistan Sunday, killing two Americans and three Afghan soldiers. Page7 MAMMOTH FRAGMENTS FROM SIBERIA RAISE ClONING HOPES? what sounds like an Indiana Jones movie plot appears to have actually taken place. Page 8 Continued on page 3

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Alternative News, Interesting political and legal stories, Top stories of the week,

Transcript of The Legal Street News Oct 1

UNITED NATIONS(AP) -- Israeli PrimeMinister BenjaminNetanyahu will make hiscase against Iran beforethe United NationsGeneral Assembly onThursday, arguing thattime is quickly runningout to stop the IslamicRepublic from becominga nuclear power and thethreat of force must be seriously considered.

His demand that President Barack Obamadeclare "red lines" that would trigger an Americanattack on Iran's nuclear facilities has been reject-ed in Washington and sparked a public riftbetween the two leaders.

But a senior Israeli official in Netanyahu'sentourage said the prime minister's speech will"lay a clear red line" that will not contradictObama's words.

"Israel and the U.S. have a common goal toprevent Iran from obtaining nuclear weapons. Theprime minister's remarks drawing a red line willhelp that this is attained," the senior official said.

Foreign Minister Avigdor Lieberman said thisis not the first time that there have been disagree-ments between the positions of Israel and theUnited States and that this will not "in any wayharm the strong friendship between the two coun-tries."

Netanyahu claims international diplomaticefforts and economic sanctions have failed, but anew report from the Israeli Foreign Ministry,leaked Thursday, concludes that sanctions are hit-ting Iran hard. According to the report, details ofwhich appeared in the Haaretz newspaper, Iran'soil exports declined by over 50 percent in the pastyear and sanctions on Iran's central bank havemade it difficult for the regime to access its foreigncurrency.

An Israeli official confirmed the new report butrefused to elaborate on it. The official spoke oncondition of anonymity because he was notauthorized to discuss internal government docu-ments.

Netanyahu's time at the U.N. podium giveshim an opportunity in front of the internationalcommunity to press his case once again, perhapsin a final plea before Israel takes matters into itsown hands. Israeli leaders have issued a series ofwarnings in recent weeks suggesting that if Iran'suranium enrichment program continues it maysoon stage a unilateral military strike, floutingeven American wishes.

The Obama administration has urgentlysought to hold off Israeli military action, whichwould likely result in the U.S. being pulled into aconflict and cause region-wide mayhem on theeve of American elections.

Such an attack would almost certainly lead toretaliatory Iranian missile strikes on Israeli popu-lation centers. On Sunday, Iranian leaders sug-

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Mailing Address

Circulated Weekly To Cities In Florida Volume 731 Issue 39 Established 1998 October 1, 2012

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gested they may strikeIsraeli preemptively ifthey feel threatened.

Israel considers anuclear-armed Iran tobe an existential threat,citing Iranian calls forIsrael's destruction,Iran's development ofmissiles capable ofstriking the Jewishstate and its support for

hostile Arab militant groups.Also Thursday, on the sidelines of the General

Assembly, key figures will gather for a Friends ofYemen meeting that will be co-chaired by BritishForeign Secretary William Hague, Yemen'sPresident Abed Rabbo Mansour Hadi and SaudiArabia's Deputy Foreign Ministe Abdulaziz binAbdullah Abdullah. The meeting will produce acommunique aimed at generating support forHadi, who took office in February after more thana year of political turmoil and is now trying to steerhis country's democratic transition.

Later, political directors from the UnitedStates, Russia, China, Britain, France andGermany will be meeting on the Iranian nuclearissue.

A few hours before Netanyahu flew to theU.S., Iranian leader Mahmoud Ahmadinejad,known for past fiery denunciations of the UnitedStates and Israel, spoke at length about his visionfor a "new world order" during his speech at theU.N. His speech on Wednesday happened to fallon Yom Kippur, the most sacred day on theJewish calendar, devoted to fasting, prayer andintrospection.

Netanyahu issued a statement condemningthe speech soon after the fast ended. "On the daywhen we pray to be inscribed in the book of life aplatform was given to a dictatorial regime thatstrives, at every opportunity, to sentence us todeath," Netanyahu said. `In my remarks to the UNGeneral Assembly, they will hear my response.History has proven that those who have wanted towipe us off the map have failed, as the JewishPeople have overcome all obstacles," Netanyahusaid.

Netanyahu has said he is going to the U.N. todraw attention to what Israel perceives as theIranian threat. Speaking to his Cabinet onSunday, he said at the U.N. he would "reiteratethat the most dangerous country in the world mustnot be allowed to arm itself with the most danger-ous weapon in the world." He did not elaborate.

On Tuesday, the Maariv daily reported thatNetanyahu would spell out what limits the interna-tional community should set for Iran to prevent itfrom becoming a nuclear power and how long thatwill take. Netanyahu has never laid out these lim-its precisely.

Iran insists its nuclear program is for peacefulpurposes but Israel, the U.S. and other Westernallies reject the claim. Four rounds of U.N. sanc-

NETANYAHU BRINGS FEARSABOUT IRAN TO UN

Time is quickly running out to stop the IslamicRepublic from becoming a nuclear power andthe threat of force must be seriously considered.

Page 1

CAN NEw COllEGESTUdENTS AFFORd THE

dEBT

with college enrollment growing, student debthas stretched to a record number of U.S. house-holds. Page 2

POPE'S EX-BUTlER GOES ONTRIAl FOR lEAKEd PAPERS

There was a time when a Vatican trial could endwith a heretic being burned at the stake. PaoloGabriele doesn't risk nearly as dire a fate.

Page 3

FlORIdA ACCIdENTSTATISTICS

Accident Statistics from Florida departmentof Highway Safety and Motor Vehicles. Page 4

FlORIdA ACCIdENTREPORTS

This weeks Accident Reports from Variouscountys in Florida. Page 5

US MIlITARY dEATHS INAFGHANISTAN HIT 2,000

2,000U.S. military deaths in the Afghan warhave reached 2,000, a cold reminder of thehuman cost of an 11-year-old conflict. Page 6

MEdICARE FINES OVERHOSPITAlS'

REAdMITTEd PATIENTSIf you or an elderly relative have been hospi-

talized recently and noticed extra attentionwhen the time came to be discharged. Page 7

BOMBS ROCK IRAQ,KIllING 26 IN COORdINAT-

Ed ATTACKS

A firefight broke out between U.S. forces andtheir Afghan army allies in eastern AfghanistanSunday, killing two Americans and threeAfghan soldiers. Page7

MAMMOTH FRAGMENTSFROM SIBERIA RAISE

ClONING HOPES?

what sounds like an Indiana Jones movie plotappears to have actually taken place. Page 8

Continued on page 3

2 Legal Street News Monday October 24, 2012

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wASHINGTON(AP) -- with collegeenrollment growing,student debt hasstretched to a recordnumber of U.S.households - nearly 1in 5 - with the biggestburdens falling on theyoung and poor.

The analysis bythe Pew ResearchCenter found that22.4 million house-holds, or 19 percent,had college debt in2010. That is double the share in 1989, and up from15 percent in 2007, just prior to the recession - repre-senting the biggest three-year increase in student debtin more than two decades.

The increase was driven by higher tuition costsas well as rising college enrollment during the eco-nomic downturn. The biggest jumps occurred inhouseholds at the two extremes of the income distri-bution. More well-off families are digging deeperinto their pockets to pay for costly private colleges,while lower-income people in search of higher-wagejobs are enrolling in community colleges, public uni-versities and other schools as a way to boost theirresumes.

Because of the sluggish economy, fewer collegestudents than before are able to settle into full-timecareers immediately upon graduation, contributing toa jump in debt among lower-income households asthe young adults take on part-time jobs or attendgraduate school, according to Pew.

As a share of household income, the debt burdenwas the greatest for the poorest 20 percent of house-holds, or those making less than $21,044. In all, 40percent of U.S. households headed by someoneyounger than age 35 owed college debt, the highestshare of any age group.

"Comparing the debt to their economicresources, the lowest-income fifth of households arethe ones experiencing the greatest stresses," saidRichard Fry, a senior economist at Pew who analyzedthe numbers.

Noting that college enrollment has continued toclimb since 2010, Fry added: "Until college enroll-ment peaks, I would not expect the amount of out-standing student debt to level off."

The study released wednesday is based on theSurvey of Consumer Finances, conducted every threeyears and sponsored by the Federal Reserve. Thenumbers are as of 2010, the latest available for that

s u r v e y .Separate Feddata have point-ed to subse-quent increasesin student loanssince 2010 thattotaled $914billion in theA p r i l - J u n equarter, butdon't provided e m o g r a p h i cbreakdowns onwho shouldersthe biggest bur-

dens.Both President Barack Obama and his

Republican challenger in this year's election, MittRomney, have been seeking to court young voterswith differing visions on how to address rising tuitionand growing college debt. Obama wants to make taxcredits for college expenses permanent and expandPell grants for lower-earning families. Romney saysthat making government the direct source of federalstudent loans has not worked and simply drivestuition higher. He stresses the need to curb collegecosts.

The Pew report found that the richest 20 percentof households, or those with annual income of$97,586 or higher, owed the biggest share of out-standing student debt - 31 percent, up from 28 per-cent in 2007. The poorest 20 percent of householdsalso saw their debt grow, to 13 percent from 11 per-cent.

The richest households saw significant increasesin per-household debt. For those with annual incomeof $97,586 to $146,791, college debt rose from$25,921 in 2007 to $31,989. For the richest 10 per-cent, making at least $146,792, college debtincreased from $36,033 to $44,810.

Across all households, the average outstandingcollege debt increased from $23,349 to $26,682. Forthe poorest 20 percent of households, the averagedebt rose from $19,018 to $20,640.

In recent years, Americans have cut back on sev-eral other types of borrowing such as credit card use,with average household indebtedness falling from$105,297 in 2007 to $100,720 in 2010. Broken downby income levels, however, average total indebted-ness for the bottom 20 percent of households byincome actually rose from $17,579 in 2007 to$26,779; for the higher income groups, averageindebtedness either was unchanged or declined.

VATICAN CITY (AP) -- There was a time when aVatican trial could end with a heretic being burned atthe stake. Paolo Gabriele doesn't risk nearly as direa fate, but he and the Holy See face a very publicairing over the gravest security breach in theVatican's recent history following the theft and leak-ing of the pope's personal papers.

Gabriele, the pope's once-trusted butler, goeson trial Saturday, accused of stealing the pope'sdocuments and passing them off to a journalist - asensational, Hollywood-like scandal that exposedpower struggles, intrigue and allegations of corrup-tion in the highest levels of the Catholic Church.

Gabriele is charged with aggravated theft andfaces up to four years in prison if convicted by thethree-judge Vatican tribunal. He has already con-fessed and asked to be pardoned by the pope -something most Vatican watchers say is a given if heis convicted - making the trial almost a formality.

It's the most high-profile case to come to theVatican tribunal since its creation with the 1929 birthof the Vatican city state. The only other one thatcomes close was aborted before it began: the 1998killing of the Swiss Guard commander and his wifeallegedly by a disgruntled subordinate never cameabout because the suspect committed suicide.

To be sure, trials are nothing new at the Vatican:In 2011 alone, 640 civil cases and 226 penal caseswere processed by the Vatican's judiciary, thoughonly a handful actually came to trial. And that's notcounting the marriage annulments, clerical sexabuse cases and other church law matters thatcome before the Vatican's ecclesial courts.

Yet this case will cast an unusually bright spot-light on the Vatican's legal system, which is basedon the 19th-century Italian criminal code, and therather unique situation in which the pope is essen-tially the victim and supreme judge in this case.

The Vatican is an elective absolute monarchy,with the pope having full executive, legislative andjudicial authority. He delegates that power throughexecutive appointments, legislative commissionsand tribunals.

But he can intervene to stop a trial from starting,can pardon someone once convicted and the sen-tence is issued in his name. Giovanni Giacobbe, theVatican's appeals court prosecutor, insisted thatdespite the pope's authority, Vatican judges arewholly independent.

"The judges have never received pressure todecide in one direction or another," he told reportersat a Vatican briefing Thursday. "The pope can't tellthe tribunal what to do."

Gabriele was arrested May 24 after Vaticanpolice found what prosecutors called an "enormous"stash of documents from the pope's desk in hisVatican City apartment. Many of those documentsappeared in the book "His Holiness: Pope BenedictXVI's secret papers," by Gianluigi Nuzzi, an Italianjournalist whose earlier book on the Vatican bank

_________________________________________________________Legal Street News Monday, October 1, 2012 3

P O P E ' S E X - B U T L E R G O E S O N

T R I A L F O R L E A K E d P A P E R S

caused a sensation.

Gabriele later confessed to passing the docu-ments off to Nuzzi, hoping to expose what he con-sidered the "evil and corruption" in the church,according to prosecutors. They described Gabrieleas a devout but misguided would-be whistle-blowerwho believed the Holy Spirit had inspired him to pro-tect and inform the pope about the problems aroundhim.

"I was sure that a shock, even a media one,would have been healthy to bring the Church backon the right track," prosecutors quoted Gabriele assaying during a June interrogation.

Gabriele is being tried along with a co-defen-dant, Claudio Sciarpelletti, a computer expert in theSecretariat of State who is charged with aiding andabetting Gabriele.

While the Vatican legal system will be on displayduring the trial, so too will be the peculiarities of theVatican city state itself, the world's smallest sover-eign state. Gabriele is both a Vatican citizen and res-ident of a Vatican City apartment (one of 595 citi-zens of whom 247 are residents). So the pope is notonly Gabriele's former boss, he is also his landlord,his spiritual head as the leader of the RomanCatholic Church and his head of state, not to men-tion the authority who appointed the prosecutor andthe three lay judges who will hear Gabriele's caseand decide by a majority if he is guilty.

When it was first published in May, "HisHoliness" became the most-talked-about book inItaly and the Vatican, 273 pages of secrets aboutone of the most secretive institutions in the world. Itincluded letters from a Vatican official detailing cor-ruption in the awarding of Vatican contracts, finger-pointing about who was to blame for leaking accu-sations about homosexual liaisons, and the like.

None of the documents threatened the papacy.Most were of interest only to Italians, as they con-cerned relations between Italy and the Vatican and afew local scandals and personalities. But their veryexistence and the fact that they were taken from thepope's own desk provoked an unprecedented reac-tion from the Vatican, with the pope naming a com-

mission of cardinals to investigate alongside theVatican magistrates.

Clerics have since lamented how the episodeshattered the trust and discretion that characterizeday-to-day life in the Vatican, with bishops nowquestioning whether to send confidential informationto the pope for fear it may end up on the front pageof a newspaper.

Journalist Nuzzi, for his part, remains calmdespite his role as the other key protagonist in thecase.

"The only thing I can say is that I strongly hopethat the trial will unveil the motives and convictionsthat compelled Paolo Gabriele to bring to light docu-ments and events described in the book," he toldThe Associated Press this week.

Gabriele, a 46-year-old father of three, is beingrepresented by attorney Cristiana Arru after hischildhood friend, Carlo Fusco, quit as his lead attor-ney last month over differences in defense strategy.

The Vatican had said the trial would be open tothe public, though access is limited and no camerasor audio is allowed. Eight journalists will attend eachsession and brief the Vatican press corps afterward.

There is no indication how long the trial will last,how many witnesses will be called or whatGabriele's defense will be given that he has, accord-ing to prosecutors, confessed to taking the docu-ments.

Giacobbe noted that in the Vatican legal system,a confession is not enough to convict and that itmust correspond with the other evidence uncoveredduring the investigation.

Prosecutors did order a psychiatric evaluationand determined that Gabriele was conscious of hisactions, although they quoted the psychiatrists assaying he was unsuited for his job, was easilymanipulated and suffered from "a grave psychologi-cal unease characterized by restlessness, tension,anger and frustrations."

Despite the peculiarities of the Vatican's legalsystem and the pope's absolute authority over allthings legislative, executive and judicial, at least oneoutside authority has deemed it credible and fair: Afederal judge in New York last year dismissed a law-suit against the Vatican concerning rights to repro-duce images from the Vatican library, ruling that theplaintiffs failed to show they couldn't get a fair hear-ing in the Vatican courts.

There has been no such vote of confidence forthe Vatican's onetime Congregation for the HolyRoman and Universal Inquisition, the commissioncreated in 1542 that functioned as a tribunal to rootout heresy, punish crimes against the faith andname Inquisitors for the church.

One of its more famous victims was GiordanoBruno, burned in Rome in 1600 after being tried forheresy.

tions have already been placed on Iran.A U.N. report last month only reinforced Israeli

fears, finding that Iran has moved more of its ura-nium enrichment activities into fortified bunkersdeep underground where they are impervious toair attack. Enrichment is a key activity in buildinga bomb, though it has other uses as well, such asproducing medical isotopes.

While Israel is convinced that Iran is pursuinga nuclear weapon, American officials believe Iranhas not yet made a final deci-sion to take the plunge, evenas it develops much of theinfrastructure needed to doso.

Obama has repeatedlysaid he will not allow Iran to gain nuclear weaponsand has said the U.S. would be prepared to useforce as a last resort. But in an interview Sundaywith "60 Minutes" he also vowed to "block out any

noise that's out there" on the issue, in an apparentswipe at Netanyahu.

Israel's timeline for military action is shorterthan that of the United States, which has far morepowerful bunker-busting bombs at its disposal,and there is great suspicion in Israel over whetherin the moment of truth Obama will follow throughon his pledge.

Netanyahu has a history of fiery speeches atthe U.N. General Assembly.

In 2009, he waved the blueprints for the Nazideath camp Aushwitz and invoked the memory ofhis own family members murdered by the Naziswhile making his case against Iran's Holocaustdenial and threats to destroy Israel.

To those who remained at the GeneralAssembly while Iranian PresidentMahmoud Ahmadinejad spoke, he chas-tised: "Have you no shame? Have you nodecency?"

And last year, he warned the worldabout the threat of militant Islam and Iran.

During his three-day visit, Netanyahu isscheduled to meet with U.N. Secretary-GeneralBan Ki-Moon, EU foreign policy chief Catherine

Ashton, Canadian Prime Minister Stephen Harper- who recently expelled the Iranian ambassadorfrom his country - and U.S. Secretary of StateHillary Clinton. He is not scheduled to meetObama.

Palestinian President Mahmoud Abbas is alsoset to speak in New York. The Palestinian leaderis expected to ask the United Nation's GeneralAssembly to vote on recognizing Palestine as anobserver state in November.

Abbas has said he wants to put off a vote untilafter U.S. elections to avoid entangling thePalestinian statehood bid in presidential politics.

"I'm not in the U.N. to delegitimize Israel but topresent the two-state solution," Abbas told U.S.Jewish community leaders last week at a meetingby the S. Daniel Abraham Center for Middle EastPeace. "I want to have Palestine as a nonmemberstate."

Abbas' relatively low-key approach is in con-trast to last year when he was at center stage withhis attempt to win full membership in the worldbody. That application failed to win enough sup-port in the Security Council.

F E A R S

A B O U T I R A NContinued from page 1

4 Legal Street News Monday October 1, 2012

F L O R I d A A C C I d E N T S T A T I S T I C SF L O R I d A A C C I d E N T S T A T I S T I C SData From the Official Website of the Florida Department of Highway Safety and Motor Vehicles. www.flhsmv.gov

________________________________________Legal Street News Monday, October 1 2012 5

A U T O A C C I d E N T S I N S O U T H F L O R I d ATHIS WEEK

Wet roads make for a slip-pery South Florida

commute

Delray Beach Fire-Rescue sent along this image ofa rollover crash during which a black pickup trucklanded on its roof.

Two occupants were removed from the truck andtaken to Delray Medical Center with injuries thatwere not life-threatening, agency spokesman Capt.Curtis Jepsen said.

Boca Raton Fire-Rescue also responded to thecrash that happened on a rainy morning on thesouthbound lanes of I-95 north of the CongressAvenue exit.

Sept 27, 2012

Questions About Your Accident Report

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Pedestrian dies whilecrossing I-95 in Fort

Lauderdale

Sept 27,2012

Sept 27, 2012

Jacksonville man criticallyinjured when hit by Jeep in

Orlando

Earlier crashes slow I-95near Broward Boulevard

Sept29, 2012

Serious crash blocks I-4east in Lake Mary

Florida motorcycle crash

Sept 26,2012

BROOKSVILLE, Fla. --- A former Waterloo residentdied following a motorcycle crash in Florida whereshe had been living.According to the Florida Highway Patrol, LuHaddeman, 72 and recently of Largo, Fla., was apassenger on a BMW motorcycle that was involvedin an accident with a car Sunday evening.Paramedics took Haddeman to Bayonet PointHospital, where she died. The man who was drivingthe motorcycle, 75-year-old George Tacott ofClearwater, was also treated at the hospital for seri-ous injuries.

I-95 in Delray Beach,Wednesday, 8 a.m.

FORT LAUDERDALE—The Florida Highway Patrol is attempting to notifyrelatives of a pedestrian who died in an early morn-ing crash Wednesday on I-95 in Fort Lauderdale.

The male victim was struck when he tried to crossthe northbound lanes of the Interstate near DavieBoulevard at around 3 a.m. and died at the scene,Florida Highway Patrol Sgt. Mark Wysocky saidThursday.

Sept 28, 2012

A Jacksonville man was critically injured Sundaywhen he was hit while standing at a traffic accidentscene in Orlando.Ken Samsudean Jr., 25, was standing at the acci-dent scene after his car struck another vehicleabout 2 a.m. when a third car hit him and two oth-ers, according to the Florida Highway Patrol.Investigators said Samsudean struck a car frombehind on Colonial Drive at Constantine Avenue.He and the other driver, Christopherr Lacasse, 25,of Winter Springs and a third driver who stopped,Ronald Dorsey, 32, of Orlando, were standing atthe scene when they were hit by a Jeep drivenby Eric Anderson, 28, of Orlando.The others received only minor injuries.Samsudean was taken to Orlando RegionalMedical Center, the Highway Patrol said.

Sept 29, 2012

Sept28, 2012

Sept 25, 2012A crash that closed all northbound lanes of

Interstate 95 in Jupiter for more than an hour hasbeen cleared, Florida Highway Patrol reports.

The driver in the wreck had to be cut out of hisvehicle, but did not suffer life-threatening injuries,Palm Beach County Fire Rescue spokesman Capt.Albert Borroto said. He was flown by Trauma Hawkto St. Mary’s Medical Center.

The wreck just north of Indiantown Road hap-pened in the wake of an earlier traffic backup,according to FHP spokesman Lt. Tim Frith. Thatback up began around 10 a.m. when drivers calledin reports of a disabled vehicle on the roadside witha person, possibly a homeless person, underneath.Troopers stopped there to tell the person to move,Frith said.

About 10:15 a.m., as traffic was slowed north ofthat incident, a small vehicle ran into the back of aparked truck in the northbound lanes just north ofIndiantown, Borroto said. The patient had to be cutout of the vehicle due to heavy damage.

Rain showers passing over South Florida have leftarea roadways wet and slippery. A series of pre-dawn crashes have already been cleared. Amongthem, according to the Florida Highway Patrol,was a pedestrian fatality reported shortly after 3:15a.m. along I-95 through Fort Lauderdale.

Other crashes and incidents being reported by FHPand Florida's Department of Transportation,include:

Crash westbound I-595 west of University Drive inDavie, partially blocking a right lane.

Crash on eastbound I-595 near University Drive inDavie, no travel lanes blocked;

8:06 a.m., crash southbound I-95 after YamatoRoad in Boca Raton, no travel lanes blocked;

8:04 a.m., injury crash southbound I-95 afterCongress Avenue in Boca Raton, blocking a leftlane with southbound traffic backed up until AtlanticAvenue.

Delays were easing on both sides of Interstate

95 near Broward Boulevard following crashes earli-

er Tuesday morning that delayed traffic in both the

north and southbound directions.

By 8:40 a.m., vehicles involved in the earlier

crashes were cleared from the travel lanes but resid-

ual and volume-related delays were persisting.

Other crashes and incidents being reported on

area roadways on Tuesday by the Florida Highway

Patrol and Florida Department of Transportation

include:

8:38 a.m., hit-and-run crash on southbound I-95

near Broward Boulevard;

8:34 a.m., crash on northbound I-95 approach-

ing Sample Road causing delays back to Sample

Road;

7:57 a.m., crash on southbound I-95 near

Broward Boulevard, blocking a right lane.

Crash clears; Interstate 95re-opened in Jupiter

Traffic caused by construction and debris in theroad may delay Monday morning commuters inMiami-Dade and Broward counties.

In Miami-Dade:• A crash on the southbound Interstate 95 expresslane flyover is now clear.• A crash on Northwest 57th Avenue andNorthwest 202nd Street is causing a roadblock atthe intersection.• A crash on Southwest 40th Street and Southwest57th Avenue is causing no roadblock.• Roadway debris on westbound State Road 836and southbound State Road 826 is blocking thecenter lane.• A crash with injuries on eastbound State Road836 and Northwest 57th Avenue is blocking the leftlane.A crash on southbound Interstate 95 and theRickenbacker Causeway is causing no roadblock.• A crash on westbound Bird Road and Southwest97th Avenue is blocking the right lane.

In Broward:• A large tarp on northbound Interstate 95 andOakland Park Boulevard is blocking the left lane.

Traffic alert: Crashes,debris in Miami-Dade,

Broward may slow drivers

www.veteransvoice.org

On Interstate 4, a medical chopper blocked theeastbound lanes after a serious crash near the StateRoad 417 exit ramp in Lake Mary. Further details onthe crash were not immediately available.

http://www.worldwildlife.org http://www.aging-research.org

But the Bush admin-istration's shifttoward war with Iraqleft the Westernpowers withoutenough resourceson the ground, so by2006 the Talibanhad regrouped intoa serious militarythreat.

Obama deployedmore troops toAfghanistan, andcasualties increasedsharply in the lastseveral years. Butthe American publicgrew weary of hav-ing its military in aperpetual state of

conflict, especially after the withdrawal ofAmerican troops from Iraq at the end of lastyear. That war, which began with a U.S.-ledinvasion in 2003 to oust Saddam Hussein,cost the lives of nearly 4,500 U.S. troops,more than twice as many as have died inAfghanistan so far.

"The tally is modest by the standards ofwar historically, but every fatality is atragedy and 11 years is too long," saidMichael O'Hanlon, a fellow at theBrookings. "All that is internalized, howev-er, in an American public that has beenwatching this campaign for a long time.More newsworthy right now are the insiderattacks and the sense of hopelessnessthey convey to many. "

Attacks by Afghan soldiers or police - orinsurgents disguised in their uniforms -have killed 52 American and other NATOtroops so far this year.

The so-called insider attacks are consid-ered one of the most serious threats to theU.S. exit strategy from the country. In itslatest incarnation, that strategy has focusedon training Afghan forces to take over secu-rity nationwide - allowing most foreigntroops to go home by the end of 2014.

Although Obama has pledged that mostU.S. combat troops will leave by the end of2014, American, NATO and allied troopsare still dying in Afghanistan at a rate ofone a day.

Even with 33,000 American troops backhome, the U.S.-led coalition will still have108,000 troops - including 68,000 from theU.S. - fighting in Afghanistan at the end ofthis year. Many of those will be training theAfghan National Security Forces that are toreplace them.

"There is a challenge for the administra-tion," O'Hanlon said, "to remind people inthe face of such bad news why this cam-paign requires more perseverance."

6 Legal Street News Monday October 1, 2012___________________________________________________________

If You Hve It

Give Some Back

http://www.network.directrelief.org

Healthcare Providers: If you are a healthcare provider locat-ed in the United States, contact us by

calling 1-877-30-DR-USA (1-877-303-7872).

KABUL, Afghanistan (AP) --U.S. military deaths in theAfghan war have reached2,000, a cold reminder of thehuman cost of an 11-year-oldconflict that now garners littlepublic interest at home as theUnited States prepares towithdraw most of its combatforces by the end of 2014.

The toll has climbed steadilyin recent months with a spateof attacks by Afghan armyand police - supposed allies -against American and NATOtroops. That has raised trou-bling questions aboutwhether countries in the U.S.-led coalition in Afghanistanwill achieve their aim of help-ing the government in Kabuland its forces stand on their own after mostforeign troops depart in little more than twoyears.

On Sunday, a U.S. official confirmed thelatest death, saying that an internationalservice member killed in an apparent insid-er attack by Afghan forces in the east of thecountry late Saturday was American. Acivilian contractor with NATO and at leasttwo Afghan soldiers also died in the attack,according to a coalition statement andAfghan provincial officials. The U.S. officialspoke on condition of anonymity becausethe nationality of those killed had not beenformally released. Names of the dead areusually released after their families or next-of-kin are notified, a process that can takeseveral days. The nationality of the civilianwas also not disclosed.

In addition to the 2,000 Americans killedsince the Afghan war began on Oct. 7,2001, at least 1,190 more coalition troopsfrom other countries have also died,according to iCasualties.org, an independ-ent organization that tracks the deaths.

According to the Afghanistan index kept bythe Washington-based research centerBrookings Institution, about 40 percent ofthe American deaths were caused byimprovised explosive devices. The majorityof those were after 2009, when PresidentBarack Obama ordered a surge that sent in33,000 additional troops to combat height-ened Taliban activity. The surge brought the

total number of American troops to101,000, the peak for the entire war.

According to Brookings, hostile fire was thesecond most common cause of death,accounting for nearly 31 percent ofAmericans killed.

Tracking deaths of Afghan civilians is muchmore difficult. According to the U.N., 13,431civilians were killed in the Afghan conflictbetween 2007, when the U.N. began keep-ing statistics, and the end of August. Goingback to the U.S.-led invasion in 2001, mostestimates put the number of Afghan civiliandeaths in the war at more than 20,000.

The number of American dead reflects anAssociated Press count of those membersof the armed services killed insideAfghanistan since the U.S.-led invasionbegan. Some other news organizations usea count that also includes those killed out-side Afghanistan as part of OperationEnduring Freedom, the global anti-terrorcampaign led by then-President George W.Bush.

The 2001 invasion targeted al-Qaida andits Taliban allies shortly after the Sept. 11attacks on the United States, whichclaimed nearly 3,000 lives.Victory in Afghanistan seemed to comequickly. Kabul fell within weeks, and thehardline Taliban regime was toppled withfew U.S. casualties.

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wASHINGTON (AP) -- If you or an elderlyrelative have been hospitalized recently andnoticed extra attention when the time came to bedischarged, there's more to it than good customerservice.

As of Monday, Medicare will start fininghospitals that have too many patients readmittedwithin 30 days of discharge due to complica-tions. The penalties are part of a broader pushunder President Barack Obama's health care lawto improve quality while also trying to save tax-payers money.

About two-thirds of the hospitals servingMedicare patients, or some 2,200 facilities, willbe hit with penalties averaging around $125,000per facility this coming year, according to gov-ernment estimates.

data to assess the penalties have been col-lected and crunched, and Medicare has sharedthe results with individual hospitals. Medicareplans to post details online later in October, andpeople can look up how their community hospi-tals performed by using the agency's "HospitalCompare" website.

It adds up to a new way of doing business forhospitals, and they have scrambled to prepare forwell over a year. They are working on ways toimprove communication with rehabilitation cen-ters and doctors who follow patients after they'rereleased, as well as connecting individually withpatients.

"There is a lot of activity at the hospital levelto straighten out our internal processes," saidNancy Foster, vice president for quality and safe-

M E d I C A R E F I N E S O V E R

H O S P I T A L S '

R E A d M I T T E d P A T I E N T S

ty at the American Hospital Association. "we arealso spreading our wings a little and reachingoutside the hospital, to the extent that we can, tomake sure patients are getting the ongoing treat-ment they need."

Still, industry officials say they have misgiv-ings about being held liable for circumstancesbeyond their control. They also complain thatfacilities serving low-income people, includingmany major teaching hospitals, are much morelikely to be fined, raising questions of fairness.

"Readmissions are partially within the con-trol of the hospital and partially within the con-trol of others," Foster said.

Consumer advocates say Medicare's nudge tohospitals is long overdue and not nearly stiffenough.

"It's modest, but it's a start," said dr. JohnSanta, director of the Consumer Reports HealthRatings Center. "Should we be surprised that

industry is objecting? You would expect them toobject to anything that changes the status quo."

For the first year, the penalty is capped at 1percent of a hospital's Medicare payments. Theoverwhelming majority of penalized facilitieswill pay less. Also, for now, hospitals are onlybeing measured on three medical conditions:heart attacks, heart failure and pneumonia.

Under the health care law, the penalties grad-ually will rise until 3 percent of Medicare pay-ments to hospitals are at risk. Medicare is con-sidering holding hospitals accountable on fourmore measures: joint replacements, stenting,heart bypass and treatment of stroke.

If General Motors and Toyota issue war-ranties for their vehicles, hospitals should havesome similar obligation when a patient gets anew knee or a stent to relieve a blocked artery,Santa contends. "People go to the hospital to gettheir problem solved, not to have to come back,"he said.

Excessive rates of readmission are only partof the problem of high costs and uneven qualityin the U.S. health care system. while some esti-mates put readmission rates as high as 20 per-cent, a congressional agency says the level ofpreventable readmissions is much lower. About12 percent of Medicare beneficiaries who arehospitalized are later readmitted for a potentiallypreventable problem, said the Medicare PaymentAdvisory Commission, known as MedPAC.

Foster, the hospital association official, said

WASHINGTON (AP) -- Sen. John McCainsays not to expect any surprises in this week'sfirst presidential debate because the televisedconfrontations nowadays are so heavily script-ed.

McCain was President Barack Obama's chal-lenger in 2008. He says if he were runningagainst Obama again, he could easily guess -and prepare for - the first half dozen questionsbecause they are usually so obvious.

McCain says he still thinks debates are goodfor the country and the elections, and he pre-dicted that Wednesday's debate betweenObama and Republican Mitt Romney willattract the largest number of viewers in history.But, he says, if Americans are expecting tocatch any revealing moments, they might bedisappointed because "frankly the candidatesare too well prepared."

McCain spoke on CNN's "State of the Union."

KABUL, Afghanistan (AP) -- A firefight broke outbetween U.S. forces and their Afghan army allies ineastern Afghanistan Sunday, killing two Americansand three Afghan soldiers and pushing the numberof U.S. troops killed in the long-running war 2,000.

The fighting started Saturday when what isbelieved to have been a mortar fired by insurgentsstruck a checkpoint set up by U.S. forces inWardak province, said Shahidullah Shahid, aprovincial government spokesman. He said theAmericans thought they were under attack from anearby Afghan army checkpoint and fired on it,prompting the Afghan soldiers to return fire.

The Afghan Defense Ministry said the gunbattlewas the result of a "misunderstanding" betweeninternational forces and Afghan soldiers manning acheckpoint in the Sayd Abad district.

NATO's International Security Assistance Force,commonly referred to as ISAF, provided a differentaccount.

"After a short conversation took place between(Afghan army) and ISAF personnel firing occurredwhich resulted in the fatal wounding of an ISAF sol-dier and the death of his civilian colleague," thecoalition said in a statement. It said the threeAfghan soldiers died "in an ensuing exchange offire."

NATO did not say whether it considered this an"insider" attack on foreign forces by Afghan allies.

There has been rising tide of such attacks in whichAfghan soldiers or police assault their international

Continued on page 8

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MCCAIN: dON'T EXPECT

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BOMBS ROCK IRAQ, KILLING

26 IN COORdINATEd ATTACKSallies. The killings pose one of the greatest threatsto NATO's mission in the country, endangering apartnership key to training up Afghan securityforces and withdrawing international troops.

While it may be days before it becomes clear whofired on whom first, the incident illustrates howtense relations have become between internationaltroops and their Afghan allies.

Officials on both sides went into damage controlmode, arguing that Saturday's violence did notmark a new low in Afghan-U.S. relations and urgingpatience while investigators tried to figure outexactly what had happened.

The deputy commander of NATO's military force inAfghanistan, British Lt. Gen. Adrian Bradshaw,called a last-minute news conference in Kabul toaddress the incident, even though he had fewdetails to give.

He said the initial report of an insider attack shouldbe amended to note that the incident "is nowunderstood possibly to have involved insurgentfire," and tried to stress that relations betweeninternational troops and their Afghan allies "arevery strong and very effective."

A spokesman for the Afghan Defense Ministry,Gen. Zahir Azimi, also sought to downplay the inci-dent.

"In a misunderstanding shooting broke out betweenAfghan army and ISAF forces. As a result of theshooting, three army soldiers were killed, three

BERlIN (AP) -- An ancient Buddhist statue thata Nazi expedition brought back from Tibet shortlybefore world war II was carved from a meteoritethat crashed on Earth thousands of years ago.

what sounds like an Indiana Jones movie plotappears to have actually taken place, according toEuropean researchers publishing in the journalMeteoritics and Planetary Science this month.

Elmar Buchner of the University of Stuttgartsaid Thursday the statue was brought to Germany bythe Schaefer expedition. The Nazi-backed ventureset out for Tibet in 1938 in part to trace the originsof the Aryan race - a cornerstone of the Nazis' racistideology.

The existence of the 10.6-kilogram (23.4-pound) statue, known as "iron man," was onlyrevealed in 2007 when its owner died and it came upfor auction, Buchner told The Associated Press.

German and Austrian scientists were able to getpermission from its new owner, who wasn't dis-closed, to conduct a chemical analysis that showsthe statue came from the Chinga meteorite, whichcrashed in the area of what is now the Russian andMongolian border around 15,000 years ago.

The meteorite was officially discovered in 1913,but Buchner said the statue could be 1,000 years oldand represent a Buddhist god called Vaisravana.

The Nazis were probably attracted to it by a left-facing swastika symbol on its front. The swastikahas been used by various cultures throughout theages, but the Nazis tried to appropriate it as the sym-bol of their ideology, going so far as to put a right-

facing version of it on their red and white flag.

Scientists not involved in the study told the APthat the research linking the statue to the meteoritewas credible.

"looks like a solid piece of geochemical `foren-sic' work," said Qing-Zhu Yin, a researcher in geol-ogy at the University of California, davis. "No ter-restrial artifact would generally contain that muchnickel content. Chemical elements don't lie."

Rhian Jones, an associate professor at theUniversity of New Mexico who specializes in mete-orites, said the claim appeared conclusive.

"There is a clear and convincing argument thatthe meteorite the statue is made from is the Chingairon meteorite," she said.

But Yin cast doubt on the claim that the statuerepresented a Buddhist deity.

"I am not a historian. But the `iron man' does notlook like a Buddha to me from my cultural back-ground," he said. "It looks more like a warrior witha sword ... (a) resemblance of Genghis Khan. ... Ihave never seen a Buddha with a sword or knife."

8 Legal Street News Monday, October 1, 2012

medication mix-ups account for a big share ofproblems. Many Medicare beneficiaries are cop-ing with multiple chronic conditions, and it's notunusual for their medication lists to be changedin the hospital. But their doctors outside some-times don't get the word; other times, the patientsthemselves don't understand there's been achange.

Another issue is making sure patients go totheir required follow-up appointments.

Medicare deputy administrator JonathanBlum said he thinks hospitals have gotten themessage.

"Clearly it's captured their attention," saidBlum. "It's galvanized the hospital industry onways to reduce unnecessary readmissions. It'sforced more parts of the health care system towork together to ensure that patients have muchsmoother transitions."

MedPAC, the congressional advisory group,has produced research findings that back up theindustry's assertion that hospitals serving thepoor, including major teaching facilities, aremore likely to face penalties. But for now, Blumsaid Medicare is not inclined to grade on thecurve.

"we have really tried to address and studythis issue," said Blum. "If you look at the data,there are hospitals that serve a low-incomepatient mix and do very well on these measures.It seems to us that hospitals that serve low-income people can control readmissions verywell."

Under Obama's health care overhaul,Medicare is pursuing efforts to try to improvequality and lower costs. They include rewardinghospitals for quality results, and encouraginghospitals, nursing homes and medical practicegroups to join in "accountable care organiza-tions." dozens of pilot programs are under way.The jury is still out on the results.

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other soldiers were wounded and number of ISAFforces were killed and wounded," Azimi said in astatement.

One U.S. official confirmed that the service mem-ber killed was American, while another confirmedthat the civilian was also American. The officialsspoke on condition of anonymity because thenationality of the dead had not yet been formallyannounced.

The number of American military dead reflects anAssociated Press count of those members of thearmed services killed inside Afghanistan since theU.S.-led invasion on Oct. 7, 2001.

In the south meanwhile, three Afghan police offi-cers were killed when insurgents attacked a check-point in Helmand province Sunday morning, provin-cial police spokesman Fareed Ahmad said.

Continued from page 7

MEdICARE

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BOMBS ROCK IRAQContinued from page 7

U.S. banks have been buffeted by more than aweek of powerful cyberattacks, but the mystery sur-rounding their perpetrators lingers.

One expert said Friday that he was suspiciousof claims of responsibility purportedly made byIslamists angry at an anti-Muslim movie made in theUnited States, explaining that the widely-circulatedInternet postings might have been an attempt todeflect attention from the true culprit.

"In the intelligence world, we call that a `falseflag,'" said Mike Smith, whose Web security compa-ny Akamai has helped analyze some of the attacks.

The postings, published to the Web earlier thismonth, suggested that an obscure Islamist grouphad taken revenge on American financial institutionsfor the "Innocence of Muslims," a low-budget U.S.film that ridiculed Muhammad, revered by Muslimsas the last of God's prophets.

Since then at least half a dozen banks - includ-ing the Bank of America, JPMorgan Chase, andCitigroup - have witnessed traffic surges and disrup-tions. Not all have confirmed they were the victims ofan online onslaught, but such surges are a hallmarkof denial-of-service attacks, which work by drowningtarget websites with streams of junk data.

Such attacks are fairly common and generallydon't compromise sensitive data or do any lastingdamage. Still, they can be a huge headache forcompanies that rely on their websites to interact withcustomers.

Most say the recent spate of attacks has beenunusually powerful. PNC bank, which was hit onThursday, has never seen such a strong surge intraffic, spokesman Fred Solomon said in a tele-phone interview. Smith said he estimated the flow ofdata at 60 to 65 gigabits per second.

Smith said the profile and power of the attackmade it an unlikely fit for the religious youth that theInternet postings called upon to join in the anti-U.S.campaign. He explained that politically-motivatedhackers - often called hacktivists - usually flood theWeb with appeals for support and post links to soft-ware that can turn followers' personal computersinto crude cyberweapons.

Twitter and online chat rooms then explode withactivity, as casual supporters pile in to coordinateattacks.

"You're not seeing that with this particular set of

attacks," Smith said. "At the same time ... the attacktraffic is fairly homogeneous. It's not this wide cor-nucopia of attacks that's coming at you that you seewith a hacktivist attack."

So who is behind the campaign?Cybercriminals often use denial-of-service

attacks to shake down smaller websites, but majorU.S. banks make unlikely targets for a protectionracket.

Could a state actor be at play? U.S. Senator JoeLieberman, without offering any proof, said hebelieved the assaults were carried out by Iran inretaliation for tightened economic sanctionsimposed by the United States and its allies.

Smith demurred when asked who could bebehind the campaign, although he said there were"only a handful of groups out there that have thetechnical ability or incentive" to carry it out.

In any case, the online attacks appeared to beeasing. Solomon, the PNC bank spokesman, saidwhile traffic remained heavy Friday the flow wasgradually returning tonormal.

US BANKS HIT BY MORE THAN A

W E E K O F C Y B E R AT TA C K S