Nevin Shapiro’s lawyer said she did nothing wrong

Maria Elena Perez — the Miami criminal defense attorney for convicted Ponzi schemer and former University of Miami booster Nevin Shapiro — was thrust Wednesday into the harsh spotlight of the NCAA’s probe of UM’s athletic program.

“I haven’t broken any rules,” Perez, a 2000 UM law school graduate, told The Miami Herald. “I haven’t done anything wrong.”

The NCAA acknowledged that its enforcement officers “improperly” obtained information by working too closely with Perez, whose client instigated the NCAA probe that has been going on for two years.

In saying so, the NCAA has, in effect, made her a part of the UM investigation.

Perez became Shapiro’s criminal defense lawyer soon after he was charged in April 2010 with orchestrating a $930 million investment scam. Shapiro, who used a portion of that money to make donations to UM and buy gifts for many of its star football players, would plead guilty to securities fraud and other charges. He was sentenced to 20 years in prison.

At the same time, Shapiro’s investment victims forced his Miami Beach-based company, Capitol Investments USA, Inc., into bankruptcy with a goal toward recovering millions of dollars in losses.

But Perez told The Herald she used the bankruptcy case for a different purpose: to gather evidence from major witnesses who might help her seek a lower prison sentence for Shapiro.

“I was exercising my due diligence as Nevin Shapiro’s criminal defense attorney,” she said.

Toward that end, she subpoenaed Sean Allen, a UM graduate and former assistant equipment manager for the Hurricanes’ football team, who worked briefly for Shapiro’s sports agency and later for the businessman himself. She also subpoenaed Jacksonville lawyer Michael Huyghue, who founded the sports agency and brought in Shapiro as a partner, who invested $1.5 million.

The NCAA investigators did not have the power to subpoena either man. But Perez did, as Shapiro’s lawyer.

After Perez grilled both men under oath, she shared the depositions with the NCAA, which says it paid her for those legal services.

That’s the crux of the problem: The NCAA now admits that its investigation is tainted by those two depositions — because the information was “improperly” obtained. So it has now ordered up an investigation of its investigation.

This was not her intention at all, Perez said.

“This was for Nevin Shapiro’s criminal case,” said Perez, who joined the Florida Bar in 2001 but has no disciplinary history. She pointed out that depositions are open to the public. Anybody, including the NCAA, could have gotten them as a public record.

While no NCAA enforcement officer attended her depositions, one official from the association did show up for other depositions taken by Miami lawyer Gary Freedman, the lead attorney for the trustee in Shapiro’s bankruptcy case.

NCAA official Michael Zonder sat in on the October 2012 deposition of civil attorney Marc Levinson, of the Miami firm Shook, Hardy & Bacon. Levinson had represented Shapiro in his investment in the sports agency known as Axcess, and in his other business affairs.

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Sony fined in UK over PlayStation cyberattack

LONDON (AP) — British regulators have fined Sony 250,000 pounds ($ 396,100) for failing to prevent a 2011 cyberattack on its PlayStation Network which put millions of users’ personal information — including names, addresses, birth dates and account passwords — at risk.

Britain’s Information Commissioner’s Office said Thursday that security measures in place at the time “were simply not good enough.” It said the attack could have been prevented if software had been up to date, while passwords were also not secure.

David Smith, deputy commissioner and director of data protection, acknowledged that the fine for a “serious breach of the Data Protection Act” was “clearly substantial” but said that the office makes “no apologies” for that.

“There’s no disguising that this is a business that should have known better,” he said in a statement. “It is a company that trades on its technical expertise, and there’s no doubt in my mind that they had access to both the technical knowledge and the resources to keep this information safe.”

Smith called the case “one of the most serious ever reported” to the data regulator.

Sony, which has previously apologized for the data breach, said Thursday it “strongly disagrees” with the ruling and plans to appeal.

David Wilson, a spokesman for Sony Computer Entertainment Europe Ltd., said the company noted that the ICO recognized that Sony was the victim of a criminal attack and that there is no evidence payment card details were accessed.

“Criminal attacks on electronic networks are a real and growing aspect of 21st century life and Sony continually works to strengthen our systems, building in multiple layers of defense and working to make our networks safe, secure and resilient,” he said in a statement.

————————

Cassandra Vinograd can be reached at http://twitter.com/CassVinograd

Gaming News Headlines – Yahoo! News

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Ashton Kutcher Becomes Steve Jobs

Ashton Kutcher takes on the role of a lifetime in JOBS, and we have your first look at the movie.

RELATED: Stars Who Have Missed Out on Movie Roles

In the clip, Jobs (played by Ashton Kutcher) is raving about the operating system that Apple co-founder Steve Wozniak (played by Josh Gad) created. While Jobs is certain that this will become a ubiquitous product for mass consumption, Wozniak needs convincing.

"Nobody wants to buy a computer," says Wozniak.

"How does somebody know what they want if they've never even seen it?" Jobs replies.

RELATED: Ashton Kutcher to Play Steve Jobs

Steve Jobs lost his battle with pancreatic cancer at the age of 56 in October 2011 and as April 2013 marks the 37th anniversary of the founding of the Apple Computer Company, Open Road Films has decided to release JOBS on April 19.

Directed by Joshua Michael Stern, written by Matthew Whitely, shot by Oscar-winning cinematographer Russell Carpenter and produced by Mark Hulme, JOBS details the major moments and defining characters that influenced Steve Jobs on a daily basis from 1971 through 2001, according to a press release.

JOBS also co-stars Dermot Mulroney, Lukas Haas, J.K. Simmons and Matthew Modine.

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It’s plenty of 20 – plus flurries

When they say it’s “too cold to snow,” don’t believe them. A dusting of 1 to 2 inches is expected when snow showers develop tomorrow afternoon and continue into the evening.

Before that we’ll get more struggling sunshine today, with temperatures peaking at 21 degrees — but icy winds feeling like only 2 degrees. Tonight’s low temperature will be about 13, forecasters said.

Tomorrow’s temps should be more of the same, with a high around 22 degrees.

The weekend will be warmer, but just a bit. Saturday’s high is expected to be 24 and Sunday’s will be 27.

Don’t expect relief until next week. Forecasters say temps will finally go above freezing and hit 36 on Monday, 40 on Tuesday and a positively balmy 48 onWednesday. Andy Soltis

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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‘Lies, deceit and coverup’ in Rilya Wilson murder case, prosecutors say

Friends puzzled by the disappearance of the little girl. State child welfare administrators stunned at the vanishing of the 4-year-old foster child. A slew of police investigators dispatched to work the case.

A pathetic shell of a woman, cowed by an older lover into keeping her silence. Three prison inmates — one an eccentric con with a long rap sheet — who said they learned the truth about the crime while behind bars.

For eight weeks, these were the witnesses who testified against Geralyn Graham, who is accused of murdering foster child Rilya Wilson more than a decade ago. And on Tuesday, their photos adorned an eight-foot-long timeline poster board, suspended from the ceiling by chains of paper clips as a Miami-Dade prosecutor weaved each of their stories into a chilling. if circumstantial. narrative.

Graham, driven by festering hatred for little rambunctious Rilya, smothered the girl with a pillowcase, disposed of her body and for years concocted a web of “fanciful” tales to hide the crime, the state said.

“Lies, deceit and coverup,” Miami-Dade prosecutor Joshua Weintraub told jurors during closing arguments.

The arguments come more than a decade after Rilya disappeared, a case that rocked the Florida Department of Children & Families, which for 18 months did not realize the girl was missing. Authorities never found Rilya’s body.

Graham, 67, is charged with aggravated child abuse, kidnapping and first-degree murder. Testimony in her trial began Nov. 26. She faces life in prison if convicted.

Jurors are expected to deliberate Wednesday after defense lawyers and prosecutors complete their final arguments.

A grand jury indicted Graham in 2005 after a jailhouse witness, Robin Lunceford, told police that the woman tearfully confessed to smothering the child with a pillow and burying the body near water in South Miami-Dade.

Weintraub recounted how DCF placed Rilya at the Graham house, how the agency discovered the disappearance and heard the varying accounts Graham gave about the girl’s absence.

To some, Graham claimed a “Spanish lady” she met at a park had taken Rilya on a trip to New York. To investigators, she claimed in April 2002 that an unnamed DCF worker had whisked the girl away — never to return — for some sort of mental health treatment.

“It’s incomprehensible that a child would disappear into thin air,” Weintraub said.

The key witness: Pamela Graham, Geralyn Graham’s younger lover, who was also the girl’s legal custodian. Weintraub said Pamela — who admitted she went along with her lover’s lies out of fear — was flawed.

“Pamela Graham, one of the most gutless, mousy women you will ever meet,” Weintraub said. “But for Pam Graham’s cowardice and unwillingness to stand up to her 18-years-senior lover, we might have known what happened to Rilya a lot earlier.”

Pamela testified that Graham kept the child confined in the laundry room, used “flex cuffs” to restrain her to a bed and secured a dog cage to keep Rilya from climbing on the furniture. Graham refused to tell Pamela what happened to Rilya, and even threatened her with a hammer if she called police, Pamela testified.

Defense attorney Michael Matters suggested Pamela was just a jilted lover who admitted she never actually saw the girl confined in the cage. He showed jurors photos of a happy, healthy-looking Rilya

“Sure doesn’t look like Rilya is afraid to go in that laundry room or that dog cage,” Matters said.

Defense attorneys tried to shift the blame to DCF, and specifically case worker Deborah Muskelly, who admitted she lied in claiming she was making regular visits to the Graham home to check on Rilya. Muskelly later pleaded guilty to falsifying time sheets to show she was working with DCF when she was actually working as a substitute teacher.

“Deborah Muskelly did whatever she could to make a buck,” said Matters, who suggested detectives did not investigate any role Muskelly herself might have played in the girl’s disappearance.

The latter weeks of the trial featured Lunceford, plus two other inmates who claimed Graham suggested to them that she had killed the child. A stream of current and former corrections employees testified about the jail and prison world in which the women live.

Graham’s defense focused on destroying the credibility of Lunceford, a colorful con with a long rap sheet who got a reduced prison sentence in return for her testimony. She spent four days on the witness stand.

A former inmate, Cindy McCloud, told jurors that Lunceford concocted the whole story to reduce her sentence. Prosecutors countered that McCloud is a “scorned lover” looking to exact revenge on Lunceford.

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Google’s 4Q earnings rise despite Motorola woes

SAN FRANCISCO (AP) — Google eked out slightly higher earnings in the fourth quarter, despite a financial drag caused by the Internet search leader’s expansion into device manufacturing and a decline in digital ad prices as more people gaze into the smaller screens of smartphones.

The results announced Tuesday pleased investors, helping to lift Google’s stock by 5 percent in extended trading.

More advertising poured into Google during the holiday shopping season, fueling a moneymaking machine that has steadily churned out higher profits since the company went public in 2004. Google’s fourth-quarter ad revenue totaled $ 12.1 billion, a 19 percent increase from the previous year.

Some of that money, though, has been shifting away from personal computers as advertisers try to connect with an expanding audience that relies on smartphones and tablet computers to reach Google’s search engine, email and other online services. By some estimates, about one-fourth of the clicks on Google’s search ads are now coming from mobile devices.

So far, advertisers have been unwilling to pay as much money to market their wares on mobile devices, largely because the smaller screens leave less room for commercial links and other marketing messages. The trend is one of the reasons that the average price for the ads that Google shows next to its search results has fallen from the previous year in five consecutive quarters, including the final three months of last year.

In a positive sign, though, Google’s average ad prices in the most recent quarter dropped by just 6 percent from the same period in 2011. That’s the smallest decline during the pricing downturn, raising hopes that Google may be starting to solve the pricing problems posed by the growing usage of mobile devices.

In a conference call Tuesday, Google CEO Larry Page predicted ad prices will gradually rise as the devices become even more sophisticated to unleash new ways to reach potential customers at the times they are most likely to buy something.

“In today’s multi-screen world, the opportunities are endless,” Page said.

Google earned nearly $ 2.9 billion, or $ 8.62 per share, during the fourth quarter. That compared to net income of $ 2.7 billion, or $ 8.22 per share, at the same time last year.

If not for the costs of employee stock compensation and certain other accounting items, Google said it would have earned $ 10.65 per share. On that basis, Google exceeded the average earnings estimate of $ 10.54 among analysts surveyed by FactSet.

It proved to be a difficult quarter to decipher because of an accounting quirk and the additions of new business lines that muddied the comparisons with the previous year.

For instance, Google Inc. didn’t own Motorola Mobility in 2011, having completed its $ 12.4 billion acquisition of the troubled handset maker eight months ago. What’s more, the Google is bringing in more revenue from tablet computers, which it began selling under the Nexus brand during the final half of last year.

Things were further complicated by Google’s recent agreement to sell a part of the Motorola Mobility division that makes cable TV boxes. That division is now accounted for as a discontinued operation whose revenue wasn’t booked in the latest quarter, even though it will remain a part of Google until the $ 2.35 billion sale is completed later this year.

Under that equation, revenue surged 36 percent from the previous year to $ 14.4 billion.

After subtracting advertising expenses, Google’s revenue totaled $ 11.3 billion. That figure was well below the average analyst estimate of $ 12.1 billion, according to FactSet.

But many of the analyst forecasts included revenue from Motorola Mobility’s set-top division, which Google excluded from its breakdown. Had the set-top division been included in Google’s accounting, the company’s net revenue would have matched analyst estimates.

The performance boosted Google’s stock by $ 35.33 to $ 738.20 in Tuesday’s extended trading.

Google would be doing even better if not for problems at Motorola Mobility, a cellphone pioneer that has been struggling since Apple revolutionized the industry with the release of the iPhone in 2007.

Motorola Mobility suffered an operating loss of $ 353 million on revenue of $ 1.5 billion in the fourth quarter

Google has been able to offset the slump in its search advertising prices by selling more video advertising on its YouTube subsidiary and other more graphical forms of marketing. The number of clicks on Google ads has still been rising, too. That’s important because the company typically gets paid by the click. In the fourth quarter, Google’s total ad clicks rose 24 percent from the previous year.

To gain a foothold in the mobile market, Google bakes its services into its Android software, an operating system that it gives away to makers of smartphones and tablets.

Android is now powers more than 500 million mobile devices worldwide, giving it a wide lead over Apple’s software for iPhones and iPads. Through September, Apple had shipped about 370 million iPhones and iPads. Apple Inc., which has morphed from a Google ally to bigger rival in the past five years, is scheduled to release its fourth-quarter results after the stock market closes Wednesday.

Google, which is based in Mountain View, Calif., didn’t update how many more Android devices were activated in the fourth quarter..

Wireless News Headlines – Yahoo! News

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Mariska Hargitay Fashion Rewind

Despite her fourteen-year stint as tough-cop Olivia Benson on Law and Order: SVU, Mariska Hargitay is a surprisingly girly gal when it comes to her real-life red carpet style. 

Related: Mariska Hargitay's Heartbreaking Adoption Moment

Join us as we look back at Mariska's fashion evolution over the years!

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Lucky ‘7’ at 3 Hudson Blvd.

Lois Weiss

BETWEEN THE BRICKS

The skyline in the Hudson Yards area is taking shape — at least on paper.

Here’s the first look at a new rendering (see right) for developer Joseph Moinian’s 1.7 million-square-foot tower at 3 Hudson Boulevard, bounded by the new park, the Javits Center and West 34th and 35th streets.

Designed by Dan Kaplan of FXFOWLE, the roughly 1,000 foot-high tower will turn slightly to catch the sunshine as well as views of the Hudson River and public spaces within Hudson Yards.

As the Manhattan street grid is slightly off the true north-south axis, Kaplan said the tower will align to the street grid at the base, and then do the twist.

FXFOWLE

WOW! Far West makeover king at 3 Hudson Blvd.

“It has a subtle, elegant spin and only rotates the 22 degrees as you go up,” said Kaplan. “It’s enough to give it a distinctive form, but not so much that it contorts the building.”

While the eastern and western ends of the building will change as it rises, the long sides of the structure will stay consistent.

“So that is how we were able to marry floor efficiencies with the mechanics,” Kaplan said.

The twist is also “great for tuning the building to solar,” as a unique highlight of the project will be solar-paneled awnings, or “eyebrows,” that will shield the south-side occupants from the sun while generating electricity with photovoltaic cells.

“They are architectural projections, and the revisions to the zoning code anticipate these kinds of devices,” Kaplan explained. “You will start to see more of these.”

The building will also have several roof terraces and a rooftop deck shielded from the winds.

“He’s been a magician in making this design efficient and beautiful and LEED Platinum,” said Arthur Mirante, tri-state president of Avison Young, which is leading the tenant marketing for the Moinian Group.

Because the building features an entrance to the new No. 7 line inside and has the new Hudson Boulevard Park at its eastern foot, Mirante said he is pitching the best site in the “center” of the new West Side. Construction on bedrock can start in 2014, and the building will be ready in 2016 or 2017.

“It’s a great building,” said Moinian at last week’s Real Estate Board of New York banquet.

The base could be designed as either trading or retail, Mirante said, with residential added at the top of the tower should an anchor office tenant not object. Asking rents for the base will start in the $80s per foot and rise from there.

“The whole building could be office or mixed use,” said Mirante. “We really have a clean slate, which is really exciting and will allow us to go after the monster tenants.”

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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