Israeli Police Evict Palestinian Protesters from E-1

JERUSALEM (AP) — Palestinians who pitched tents at a strategic West Bank site to protest plans to build a Jewish housing project there were evicted early Sunday, the police said.

The protesters put up tents in the area known as E-1 on Friday, saying they wanted to “establish facts on the ground” to stop Israeli construction in the West Bank. They were borrowing a phrase and a tactic usually associated with Jewish settlers, who believe establishing communities means the territory will remain theirs once structures are built.

Micky Rosenfeld, a police spokesman, said officers evicted about a hundred protesters from the site early Sunday morning after a court decision authorizing their removal. He did not know which court had allowed the eviction.

The Israeli newspaper Haaretz reported that the eviction was carried out despite a temporary Supreme Court injunction preventing it.

Mr. Rosenfeld said that no arrests were made during the half-hour eviction and that no injuries were sustained on either side. He said that the tents were not dismantled, but that a decision on that would be made later in the day.

Prime Minister Benjamin Netanyahu ordered roads leading to the area closed on Saturday evening, and had the military shut off access. Mr. Netanyahu’s office said the state was petitioning the Supreme Court to rescind its injunction blocking the evacuation.

Israel announced it was moving forward with the E-1 settlement after the United Nations recognized a de facto state of Palestine in the West Bank, Gaza and East Jerusalem in November.

Palestinians said E-1 would be a major blow to their statehood aspirations, as it blocks East Jerusalem from its West Bank hinterland. They are demanding these areas, along with Gaza, for their future state.

The protesters said they wanted to build a village called Bab al-Shams at the site.

The construction plans drew unusually sharp criticism from some of Israel’s staunchest allies, including the United States, who strongly oppose the E- 1 project.

Israeli officials have said actual construction on the project may be years away, if it ever happens, while Israeli critics have questioned whether Mr. Netanyahu actually intends to develop E-1 or is pandering to hard-liners ahead of the country’s Jan. 22 election.

In a separate episode Saturday, the Israeli military said soldiers shot at a Palestinian who tried to enter Israel from the West Bank. The military said soldiers called on the man to stop, then fired warning shots in the air, and finally fired at his legs when he refused to stop.

The Palestinian police said he later died of his wounds.

It was the second shooting death on the borders with the Palestinian territories in two days. On Friday, Palestinian officials in the Gaza Strip said a man was shot and killed near the coastal territory’s border fence. The Israeli military said he was part of a group who rushed the fence to damage it.

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DealBook: Wells Fargo's Mortgage Gains May Be Unsustainable

8:40 p.m. | Updated

Wells Fargo has turned its mortgage business into an enormous profit machine. The San Francisco-based bank posted earnings of $5.1 billion in the fourth quarter, a 24 percent increase from the previous year.

But its strong gains may not be sustainable, unless interest rates drop significantly or the housing market recovers substantially. Both are long shots.

“Rates really don’t have to go up very much to discourage a whole swath of people from returning to the housing market,” said Lance Roberts, chief economist at StreetTalk Advisors, an investment advisory firm.

In recent years, Wells Fargo has aggressively expanded its mortgage business, a strategy that has helped drive record profits. The company reported net income of $18.9 billion in 2012, up 19 percent from 2011. Revenue rose 6 percent in the same period.

“We saw robust growth across the entire bank, proving that there is a lot of value in a strong, diversified business,” said Timothy J. Sloan, chief financial officer of Wells Fargo.

But after 12 consecutive quarters of rising profits, Wells Fargo may find it difficult to keep up the pace.

The bank’s recent mortgage profits largely reflect the government’s efforts to stimulate the economy, rather than a robust recovery in the housing market.

As the Federal Reserve has cut interest rates, millions of borrowers have refinanced their home loans to reduce costs. Refinancing accounted for 72 percent of Wells Fargo’s mortgage origination in the fourth quarter.

That business has been especially lucrative of late.

Banks pass on most of their mortgages to government entities like Fannie Mae and Freddie Mac, which guarantee that the loans will be repaid. With the guarantee attached, banks sell the mortgages to bond investors and book a financial gain.

Profits have ballooned with the government intervention. The Fed has been a big buyer of mortgage bonds in an effort to drive down interest rates. But banks have not cut ordinary borrowers’ rates by the same amount.

That means the difference, or spread, between the rates increased last year. Wells Fargo’s gains from this activity totaled $10.3 billion in 2012, more than double the previous year.

Those gains may be hard to beat.

While the Fed has promised to purchase more mortgage bonds, interest rates may not fall much further. If mortgage rates stagnate or rise, fewer borrowers are likely to refinance or buy a house. And if the mortgage bond market weakens, banks will make less of a gain when selling the mortgages.

Already, refinancing activity appears to be slowing. In the fourth quarter, Wells Fargo handled $125 billion of mortgage originations, up 4 percent from the previous year. But loan production was higher earlier in the year, peaking at $139 billion in the third quarter.

At the same time, the Fed’s low rates are actually hurting other parts of the business. An important measure of a bank’s overall lending profitability, the net interest margin, has eroded. In the fourth quarter, Wells Fargo’s net interest margin dropped slightly to 3.56 percent, from 3.89 percent a year earlier.

Investors shrugged off the strong profits because of such concerns. Wells Fargo’s shares fell slightly on Friday, to $35.10, a 0.85 percent drop.

In an effort to assuage investors’ concerns about the refinancing business, Mr. Sloan, the chief financial officer, said in a conference call on Friday that he saw “billions of dollars in refinancing opportunities.”

Housing market numbers support his optimism. Over 70 percent of mortgages had interest rates above 4 percent in the fall, according to CoreLogic, a housing data firm. Some of those borrowers would benefit financially from refinancing, given that the interest rate on fixed, 30-year loans is 3.4 percent.

If the refinancing boom does sputter, a significant increase in new mortgages could help fill the void. That depends largely on the health of the housing market. While house prices posted annual gains last year, the recovery is far from robust.

Wells Fargo’s servicing business, in which the bank collects payments from homeowners, could also soften the blow. In the fourth quarter, the company reported $926 million in fees from that activity, up 6 percent from a year earlier.

Wells Fargo can also rely on other businesses to pick up some of the slack. In an interview on Friday, Mr. Sloan said that strong loan growth throughout the bank, including in autos and credit cards, reflected potential opportunity.

The bank reported gains in its wealth management business, where profit increased 13 percent, to $351 million. It has also been focusing on its brokerage business as regulations have curbed profits in other areas.

Cost-cutting could be another option. In the past, the bank has shown it can be aggressive on that front.

Recently, Wells Fargo has been developing its online and mobile banking operations so that it can trim staffing costs in its branches. It has also refocused on core businesses and sold units like H. D. Vest Financial Services, which it put on the auction block in 2011.

The company has also cleaned up much of the costly legal mess stemming from the mortgage crisis, striking several deals with federal regulators over the last year. This week, Wells Fargo was among the 10 banks that agreed to an $8.5 billion settlement with the Comptroller of the Currency and the Federal Reserve over claims of shoddy foreclosure practices, including sloppy paperwork used in home seizures and botched loan modifications. Separately, the bank has allotted $1.2 billion to prevent foreclosures.

With the settlement, Wells Fargo puts an end to an expensive foreclosure review that was mandated by regulators. The review cost the bank an estimated $125 million each quarter.

“By putting these issues behind us, we can focus more of our resources on serving our customers,” the bank’s chief executive, John G. Stumpf, told analysts on Friday.

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Former Lab Technician Denies Faulty DNA Work in Rape Cases

A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.

The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.

“My work?” Ms. Mitchell said. “No, no, no, not my work.”

Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.

So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.

The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.

However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”

She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”

Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.

If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.

Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.

“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.

A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.

Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.

Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.

“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”

The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.

But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”

“Given what’s happened,” he said, “that’s cold comfort.”

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Former Lab Technician Denies Faulty DNA Work in Rape Cases

A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.

The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.

“My work?” Ms. Mitchell said. “No, no, no, not my work.”

Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.

So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.

The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.

However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”

She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”

Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.

If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.

Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.

“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.

A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.

Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.

Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.

“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”

The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.

But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”

“Given what’s happened,” he said, “that’s cold comfort.”

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Gadgetwise Blog: With Skullcandy, Look Stylish While Playing Video Games

Skullcandy is known for adding youthful flair to audio gear. So when the company acquired Astro Gaming, a maker of premium gaming accessories, it made sense that it would introduce a line of stylish, less-expensive gaming headsets with the Skullcandy brand.

The new line, introduced over several months, includes three options, Slyr, Plyr1 and Plyr2, which offer different levels of performance. All three are compatible with the Xbox 360 and PS3 consoles and PCs.

The wired Slyr headset (pronounced “slayer”), which runs about $80, features a foldable boom mic and an inline mixer that offers volume control, voice balance and muting. It also has an equalization button that toggles among three modes to enhance your experience. For instance, you get more boom playing games like Transformers: Fall of Cybertron in the bass mode, but the precision mode offers more clarity. The sound quality is pretty good for a relatively inexpensive headset.

But the headset has a couple of audio cables that snake their way to the game controller and the TV, which can leave your living room looking cluttered. The benefit about being wired, however, is that the Slyr can also plug into most tablets and smartphones.

For a cleaner gaming area, consider shelling out $130 for Skullcandy’s Plyr2 gaming headset, which offers better sound without the wires. The controls are on the right cup, making the gaming experience more seamless. The Plyr1, which will be available in March for $180, has the same audio, but is enhanced with Dolby 7.1 Surround Sound.

But the best reason to get Skullcandy headsets are their streamlined design and eye-catching colors, offering more style than their bulkier rivals. There are higher-quality options on the market, but with Skullcandy gear, at least you look good wearing it.

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Immigration Arrests Lead to Online Outcry, and Release

PHOENIX — Immigration agents arrested the mother and brother of a prominent activist during a raid at her home here late Thursday, unleashing a vigorous response on social media and focusing new attention on one of the most controversial aspects of the Obama administration’s policies on deportation.

The agents knocked on Erika Andiola’s door shortly after 9 p.m., asking for her mother, Maria Arreola.

Ms. Arreola had been stopped by the police in nearby Mesa last year and detained for driving without a license. Her fingerprints were sent to federal immigration officials as part of a controversial program called Secure Communities, which the Obama administration has been trying to expand nationwide.

That routine check revealed that Ms. Arreola had been returned to Mexico in 1998 after she was caught trying to illegally cross the border into Arizona with Erika and two of her siblings in tow. As a result, she was placed on a priority list for deportation.

After being seized on Thursday, she could have been sent back to Mexico in a matter of hours, but Obama administration officials moved quickly to undo the arrests. Officials had been pressured by the robust response from advocates — through phone calls, e-mails and online petitions, but primarily on Twitter, where they mobilized support for Ms. Andiola, a well-known advocate for young illegal immigrants, under the hashtag #WeAreAndiola.

The reaction offered the Obama administration a taste of what it might expect when it gets into the thick of the debate over an immigration overhaul, which Congress is expected to tackle this year. President Obama has already been under harsh criticism for the number of illegal immigrants deported since he took office — roughly 400,000 each year, a record unmatched since the 1950s.

Ms. Andiola, 25, posted a tearful video on YouTube shortly after her mother and brother were handcuffed and driven away. “I need everybody to stop pretending that nothing is wrong,” she said in the video, “stop pretending that we’re all just living normal lives, because we’re not. This could happen to any of us anytime.”

She is the co-founder of the Arizona Dream Act Coalition, one of the groups pushing for a reprieve for immigrants brought illegally to the United States as children, as she was. She has been arrested while camped in front of Senator John McCain’s office here, protested outside the United States Capitol, and appeared on the cover of Time magazine in June under the headline, “We are Americans — just not legally.”

In November, Ms. Andiola got a work permit under a program begun by the Obama administration last year that gives certain young illegal immigrants temporary reprieve from deportation. She graduated from Arizona State University in 2009.

On Friday afternoon, her mother returned home from a detention center in Florence, 70 miles southeast of Phoenix and usually the last stop for certain illegal immigrants before they are deported. Her brother, Heriberto Andiola Arreola, 36, who had been kept in Phoenix, was let go earlier, at 6 a.m.

Their swift releases underline the power of the youth-immigrant movement and their social media activism, which was critical in spreading Ms. Andiola’s story overnight.

In a statement, Barbara Gonzalez, a spokeswoman for Immigration and Customs Enforcement, said a preliminary review of the case revealed that it contains some of the elements outlined in the agency’s “prosecutorial discretion policy” and would “merit an exercise of discretion.” Advocates have long argued that the policy has done little to keep families from being broken apart by deportations.

Ms. Andiola said in an interview that she told her mother to go to her room before opening the door Thursday night; she suspected the men standing outside worked for immigration. By the time the men came in, her brother, who was outside talking to a neighbor, was already in handcuffs, she said.

“Where’s Maria?” the men asked her, she recalled.

Ms. Arreola walked out of the room and, in Spanish, the men asked her to accompany them outside, where they placed her under arrest.

Though she and her son are free, their future is uncertain, as they could be arrested again while their cases are under review or deported should the eventual ruling go against them, said Marielena Hincapié, executive director of the National Immigration Law Center, one of the groups helping the family.

Stories like this, Ms. Hincapié went on, “happen every day, in every state,” outside of the media spotlight. What made it different this time is that Ms. Andiola had connections and wasted no time mobilizing them. There are others, she said, whom “you never hear about.”

Julia Preston contributed reporting from New York.

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Japan Approves $116 Billion in Emergency Economic Stimulus

TOKYO — The Japanese government approved emergency stimulus spending of more than $100 billion on Friday, part of an aggressive push by Prime Minister Shinzo Abe to kick-start growth in Japan’s long-moribund economy.

Mr. Abe also reiterated pressure on Japan’s central bank to make a firmer commitment to stopping deflation by pumping more money into the economy — a measure the prime minister says is crucial to getting businesses to invest and consumers to spend.

“We will put an end to this shrinking, and aim to build a stronger economy where earnings and incomes can grow,” Mr. Abe told a televised news conference. “For that, the government must first take the initiative to create demand, and boost the entire economy.”

Under the plan, the Japanese government will spend about 10.3 trillion yen (about $116 billion) on public works and disaster mitigation projects, subsidies for companies that invest in new technology and financial aid to small businesses.

The government will seek to raise real economic growth by 2 percentage points and add 600,000 jobs to the economy, Mr. Abe said. The measures announced Friday amount to one of the largest spending plans in Japan’s history, he stressed.

By simply talking about stimulus measures, Mr. Abe, who took office late last month, has already driven down the value of the yen, much to the relief of Japanese exporters whose competitiveness benefits from a weaker currency.

But the government’s promises to spend its way out of economic stagnation also raise concerns over Japan’s public debt, which has already mushroomed to twice the size of its economy and is the largest in the industrialized world.

At the root of Japan’s debt woes was a similar attempt in the 1990s by Mr. Abe’s own Liberal Democratic Party to stimulate economic growth through government spending on extensive public works projects across the country.

Mr. Abe said, however, that the spending this time around would be better focused to bring about growth through investment in innovation. He said the government would also invest in measures that would help mitigate the fall in Japan’s population, by encouraging families to have more children.

“To grow in a sustainable way, we must help create a virtuous cycle where companies actively borrow and invest, and in so doing raise employment and incomes,” Mr. Abe said.

“For that, it is extremely important that we adopt a growth strategy that gives everyone solid hope that the future of the Japanese economy lies in growth.”

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F.D.A. Warns Two Producers on Egg Safety

Two large egg producers have received warning letters from the Food and Drug Administration, which said they violated a two-year-old rule aimed at preventing salmonella contamination.

During inspections conducted last summer, the F.D.A. found failures to prevent pests and wildlife from entering barns housing laying hens, poor record-keeping and other infractions that amounted to what it called “serious violations” of the rule.

The failures meant that eggs the companies produced “may have become contaminated with filth,” agency inspectors wrote in the letters, which were sent late last month and posted on the agency’s Web site on Thursday.

The letters offer a window into the way new regulations the agency proposed last week to enhance food safety might work. The proposed regulations, like the rule cited in the letters, aim to prevent food from being tainted rather than addressing contamination after it has occurred.

Both producers, Midwest Poultry Services of Mentone, Ind., and SKS Enterprises Inc., in Lodi, Calif., failed to comply with plans they had submitted to the agency aimed at preventing salmonella enteritidis, one of the most common types of salmonella bacteria, the F.D.A. said. Such plans were required by a rule set out two years ago.

Officials noted the presence of more than 30 wild birds and their nests in three of the five SKS facilities they inspected between May and August, despite the company’s plans for preventing wildlife from coming into contact with its chickens and eggs.

After the inspection, SKS told the agency it would use chicken wire to prevent wild birds from entering its barns, but the agency said it had not received any follow-up report on that correction.

The F.D.A. also said the company was missing pest control records and failed to conduct tests of its birds within time frames specified by the rule.

A woman who answered the phone at SKS’s offices at about 1 p.m. Pacific time said everyone had gone home for the day.

In Midwest Poultry’s facility in Fort Recovery, Ohio, the agency inspector found records of high levels of rodent activity — in one barn, 113 rodents were caught over a five-day period.

Midwest, which produces some 150 million dozen eggs a year, could not give inspectors any record of actions it had taken to correct the problem, and a subsequent response sent to the F.D.A. in August lacked any new strategy for dealing with rodents, the agency said.

The F.D.A. said Midwest failed to maintain records showing that it had refrigerated eggs within the required 36 hours of laying.

“They cited two violations, both of which were about documentation, and all of that documentation has been sent to them,” said Robert L. Krouse, chief executive of Midwest Poultry. “Now we’re waiting to see if they want any more.”

Read More..

F.D.A. Warns Two Producers on Egg Safety

Two large egg producers have received warning letters from the Food and Drug Administration, which said they violated a two-year-old rule aimed at preventing salmonella contamination.

During inspections conducted last summer, the F.D.A. found failures to prevent pests and wildlife from entering barns housing laying hens, poor record-keeping and other infractions that amounted to what it called “serious violations” of the rule.

The failures meant that eggs the companies produced “may have become contaminated with filth,” agency inspectors wrote in the letters, which were sent late last month and posted on the agency’s Web site on Thursday.

The letters offer a window into the way new regulations the agency proposed last week to enhance food safety might work. The proposed regulations, like the rule cited in the letters, aim to prevent food from being tainted rather than addressing contamination after it has occurred.

Both producers, Midwest Poultry Services of Mentone, Ind., and SKS Enterprises Inc., in Lodi, Calif., failed to comply with plans they had submitted to the agency aimed at preventing salmonella enteritidis, one of the most common types of salmonella bacteria, the F.D.A. said. Such plans were required by a rule set out two years ago.

Officials noted the presence of more than 30 wild birds and their nests in three of the five SKS facilities they inspected between May and August, despite the company’s plans for preventing wildlife from coming into contact with its chickens and eggs.

After the inspection, SKS told the agency it would use chicken wire to prevent wild birds from entering its barns, but the agency said it had not received any follow-up report on that correction.

The F.D.A. also said the company was missing pest control records and failed to conduct tests of its birds within time frames specified by the rule.

A woman who answered the phone at SKS’s offices at about 1 p.m. Pacific time said everyone had gone home for the day.

In Midwest Poultry’s facility in Fort Recovery, Ohio, the agency inspector found records of high levels of rodent activity — in one barn, 113 rodents were caught over a five-day period.

Midwest, which produces some 150 million dozen eggs a year, could not give inspectors any record of actions it had taken to correct the problem, and a subsequent response sent to the F.D.A. in August lacked any new strategy for dealing with rodents, the agency said.

The F.D.A. said Midwest failed to maintain records showing that it had refrigerated eggs within the required 36 hours of laying.

“They cited two violations, both of which were about documentation, and all of that documentation has been sent to them,” said Robert L. Krouse, chief executive of Midwest Poultry. “Now we’re waiting to see if they want any more.”

Read More..

In New Year, Errors Mount at High-Speed Exchanges

Confidence-shaking technology mishaps have been an almost daily occurrence at the nation’s stock exchanges in the new year.

The latest example came Wednesday night when the nation’s third-largest stock exchange operator, BATS Global Markets, alerted its customers that a programming mistake had caused about 435,000 trades to be executed at the wrong price over the last four years, costing traders $420,000.

A day earlier, the trading software used by the National Stock Exchange stopped functioning properly for nearly an hour, forcing other exchanges to divert trades around it. The New York Stock Exchange, the nation’s largest exchange, has had two similar, though shorter-lived, breakdowns since Christmas and two separate problems with its data reporting system. And traders were left in the dark on Jan. 3 after the reporting system for stocks listed on the Nasdaq exchange, the second-biggest exchange, broke down for nearly 15 minutes.

The stream of errors has occurred despite the spotlight on the exchanges since a programming mishap nearly derailed Facebook’s initial public offering on Nasdaq last May and BATS’s fumbling of its own I.P.O. two months earlier. At the end of 2012, a number of exchange executives said they were increasing efforts to reduce the problems. But market data expert Eric Hunsader said that the technology problems have become, if anything, more frequent in recent weeks.

Matt Samelson, the founder of the industry consultancy Woodbine Associates, said, “Now that the world is watching, everyone is trying to be more rigorous. Their increased rigor is not yielding the benefits they hoped.”

Joe Ratterman, the chief executive of BATS, said Thursday that he viewed the firm’s announcement this week as a sign of markets that were functioning well, given his firm’s ability to find a problem that he called an “extreme edge-case scenario.”

“We discovered this problem and reported it — it’s a positive thing,” Mr. Ratterman said. “It’s being covered as if it’s a negative issue, and a continuation of a series of problems.

“Call me an optimist, but I see positive indications of the markets moving forward,” he said.

Regulators and traders have said that malfunctions are inevitable in any complex computer system. But many of these same people say that such problems were less frequent before the nation’s stock exchanges were thrown into a technological arms race in the middle of the last decade as a host of upstart exchanges like BATS challenged incumbents like the New York Stock Exchange.

The nation’s 13 public stock exchanges now compete fiercely to offer the latest, fastest and most sophisticated trading software, in part to appeal to the high-speed trading firms that have come to account for over half of all stock trading. With each tweak comes a new opportunity for a mistake to be inserted into the system.

“The rate of change is getting so rapid that the quality assurance process isn’t as robust as it should be,” said George Simon, a partner at Foley & Lardner who used to work at the Securities and Exchange Commission, which oversees the nation’s stock markets. “This has been something that has been brewing now for five years, and it keeps getting worse.”

Mr. Simon said that in less fragmented and complex markets, technology problems had been less common.

The market malfunctions have been assigned part of the blame for the diminishing amount of trading happening on the nation’s stock exchanges. The total volume of daily trading was down 17.6 percent in 2012 from 2011, according to Rosenblatt Securities.

Mr. Samelson of Woodbine Associates said the problems had long rattled retail investors, but they were becoming increasingly worrying for big institutional investors as well. While he was talking about the BATS mishap on Thursday, he received a text message from one big investor who said, “as if we didn’t have enough bad news.”

The problem reported by BATS was different from many other recent problems because it did not halt trading. Instead, the programming error meant some trades were not executed at the best price, as exchanges are required to do by law.

Only a small category of very complex trades were executed at the wrong prices, all of them coming from investors trying to do a so-called short sale of stocks. The 435,000 erroneous trades were only 0.003 percent of all trades over the last four years, according to Mr. Ratterman.

“This is so hard to identify that no customer ever identified it,” Mr. Ratterman said.

Mr. Ratterman said that 119 member firms lost money. He said he was not yet sure if BATS would compensate its members for their losses. BATS informed the members and the S.E.C. of the problem on Wednesday night, after discovering it on Friday.

The S.E.C. was not previously aware of the problem, but the enforcement division is already reviewing the issue, according to people with knowledge of the review who spoke on the condition of anonymity.

S.E.C. officials have acknowledged that they do not have adequate tools to properly police the high-speed, highly fragmented stock markets. But the agency has started several initiatives to catch up. Last year, the agency purchased software from a high-frequency trading firm that will give regulators a real-time window into the markets.

The agency has also been considering a rule that would force exchanges to submit their technology for regulatory review, something that some exchanges currently do voluntarily. At recent hearings called to examine the automation of the markets, members of the industry have supported other reforms to strengthen the system, like kill switches that would automatically stop errant trading.

Mr. Ratterman said regulators could make small changes to rules that would simplify the market infrastructure and make it less prone to mishaps.

But executives at some other exchanges have said that more sweeping changes are necessary. At a hearing in December, Joe Mecane, an executive at the New York Stock Exchange’s parent company, said that “technology and our market structure have created unnecessary complexity and mistrust of markets.”

Amy Butte Liebowitz, the former chief financial officer at the exchange, said that “you are only going to see more and more of this until someone says, ‘I’m not going to put up with this level of errors.’ ”

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