Wednesday, April 24, 2024

Norfolk Southern’s earnings offer railroad chance to defend its strategy ahead of control vote


A Norfolk Southern freight train runs through a crossing Homestead, Pa. 
Norfolk Southern reports earnings on Wednesday, April 24, 2024.
 (AP Photo/Gene J. Puskar, File)

BY JOSH FUNK
April 24, 2024

Norfolk Southern’s first-quarter earnings report Wednesday gave the railroad the opportunity to publicly defend CEO Alan Shaw’s strategy again before investors decide on May 9 whether to back him. Since the railroad already preannounced its disappointing results earlier this month when it disclosed a $600 million settlement over the disastrous February 2023 Ohio derailment there were few surprises in Wednesday’s numbers.

Norfolk Southern confirmed the $53 million, or 23 cents per share, that it earned in the first quarter. Without the settlement and some other one-time costs, the railroad said it would have made $2.39 per share while Wall Street was predicting earnings of $2.60 per share. The Atlanta-based railroad’s profit dropped from $466 million, or $2.04 per share, a year ago even though the railroad delivered 4% more shipments during the quarter.

“Our strategy is about balancing service, productivity and growth with safety at its core,” Shaw said, and he promised to close the profit margin gap with other major railroads over the next couple of years though several analysts have expressed doubts about whether Norfolk Southern will be able to do that as all the other railroads keep improving.

The railroad and Ancora Holdings disagree over whether Shaw ’s strategy of keeping more workers on hand during a downturn to be ready to handle the eventual rebound is the best way to run Norfolk Southern and whether he is the best man to lead the railroad.


Ancora’s CEO candidate, Jim Barber, was formerly UPS’ chief operating officer and said keeping more workers on hand during slower times is wasteful.

“This concept of Precision Scheduled Railroading is the exact same way that UPS has run its network for 60 or 70 years, which is you run it very efficiently, very effectively, and very balanced with as few assets as you can and leverage the efficiency of your employee base and the assets,” Barber said in an interview with The Associated Press.

All the railroad unions, which have been complaining about the deep job cuts since PSR became the industry’s standard operating model, came out in support of Shaw even though Norfolk Southern has also cut workers. And key regulators at the Surface Transportation Board and Federal Railroad Administration warned that Ancora’s strategy could jeopardize the advancements in safety and service Norfolk Southern has made since the East Palestine derailment.

But control of the railroad will ultimately be decided by investors — not the unions or regulators — who will vote on Ancora’s seven board nominees, and investors have reason to be disappointed in Norfolk Southern’s results given that the railroad’s profit margins have lagged behind peers. Several big investors, including EdgePoint Investment Group that ranks in the top 10 of the railroad’s shareholders, have said they will back Ancora’s slate, and a Deutsche Bank analyst said in a research note that the activists seem to have strong support among institutional investors.

Barber and Ancora’s pick to be chief operating officer argue that Norfolk Southern needs to aggressively implement the lean Precision Scheduled Railroading model to make the best use of its locomotives and crews and bring its profits in line with the other major freight railroads. That model calls for running fewer, longer trains on a tighter schedule and switching cars less often, so the railroad won’t need as many workers, locomotives and railcars.

If keeping more workers on hand was really the answer, Barber and the man Ancora wants to be Norfolk Southern’s Chief Operations Officer, Jamie Boychuk, questioned why Norfolk Southern can’t deliver more shipments on time now while business remains slower. The railroad said Wednesday that during the first quarter, it delivered 86% of the shipping containers it handled and about 76% of all the other goods on time. Norfolk Southern predicted that would improve in the second quarter, but its nearest competitor in the East, CSX railroad, was already significantly better.

Ancora wants to shrink Norfolk Southern’s workforce by about 1,500 jobs through attrition over the next three years while working to cut more than $800 million in expenses in the first year, and another $275 million by the end of three years.

Norfolk Southern says there’s no way to save that much in a year without laying off about 2,900 workers. The railroad said it believes the steps Ancora has outlined would only save about $400 million in the first year. Norfolk Southern has predicted that its own plan will generate that much cost savings within two years.

In one example of the dueling letters and presentations to investors, Ancora replied to that criticism and said most of its initial $800 million in projected savings come from things like parking hundreds of unneeded locomotives and thousands of railcars and improving fuel efficiency — not from layoffs

Boychuk has experience helping CSX implement Precision Scheduled Railroading after a different investor group pressured that railroad to hire industry legend Hunter Harrison in 2017. That led to all kinds of service problems that year when CSX overhauled its operations quickly in the last few months of Harrison’s life, but since those initial problems CSX has come to be regarded as the industry leader in most respects and routinely outperforms Norfolk Southern in the eastern U.S.

Boychuk and Barber have promised to implement the model more gradually at Norfolk Southern, but they say major changes are needed — not the incremental adjustments the railroad is making under new Chief Operating Officer John Orr that it paid CPKC railroad $25 million to get the right to hire this spring.

Orr touted his background at other railroads and the efforts he has made in the first month on the job to streamline the way Norfolk Southern’s railyards are working.

But Boychuk said improving the way individual railyards operate without reworking the entire network will just push the problems out somewhere else along the railroad.

“It’s not about a point here, a point there. Or because I massaged a yard,” Boychuk said.

Norfolk Southern shares fell more than 3.5% Wednesday to trade around $236 after the report. Ancora predicts shares will reach between $420 and $525 over the next three years if it implements its plan.

Regardless of how the vote ends up, the fight over Norfolk Southern has already put all rail CEOs on notice, and the industry already had a history of investors forcing changes. Just last year, Union Pacific hired a new CEO in response to pressure from a hedge fund, but the most famous examples were when CSX and previously Canadian Pacific both hired Harrison to implement Precision Scheduled Railroading.

Current CSX CEO Joe Hinrichs knows he has to keep costs in line while also trying to improve customer service and grow the railroad.

“I think the way to bring those two together is to continue to deliver efficiency while demonstrating the ability to serve customers. And that’s the balance we’re trying to achieve and what we’re focused on,” Hinirchs said. “I think when you can’t achieve that, like we’ve seen, people are going to push for improved cost performance, to improve margins. And so we talk very openly and actively with our team about that.”
Connecticut House votes to expand state’s paid sick leave requirement for all employers by 2027


Connecticut state Rep. Manny Sanchez debates a bill in the House of Representatives chamber that would expand the state’s current paid sick leave law, Wednesday, April 24, 2024 in Hartford, Conn. The bill would eventually require all employers to provide time off by 2027. (AP Photo/Susan Haigh)

BY SUSAN HAIGH
April 24, 2024

HARTFORD, Conn. (AP) — Connecticut’s first-in-the-nation paid sick leave law from 2011 moved closer Wednesday to being updated, requiring all employers, down to those with a single worker, to provide their employees with time off by 2027.

Cheers were heard from the House of Representatives gallery after lawmakers voted 88-61 in favor of legislation that attempts to provide guaranteed time off to people left out of the old law, including many low-wage and part-time workers across the state. The bill is expected to clear the Senate in the coming days.

Both chambers are controlled by Democrats.

While Republicans argued the bill will be a burden for small businesses, proponents said the proposed expansion is common sense, especially after the COVID-19 pandemic.

“We’ve experienced quite a culture change since 2011, and that’s especially true even more since we experienced the pandemic,” said Democratic House Majority Leader Jason Rojas, who said people no longer want themselves or a coworker to go into work sick. “People shouldn’t have to choose between being sick, making other people sick, and losing out on compensation.”

If the bill is ultimately signed by Democratic Gov. Ned Lamont, as expected, Connecticut will join Washington, D.C., Arizona, California, Illinois, Massachusetts, Minnesota, New Jersey, Vermont and Washington in requiring paid sick leave for any business with one or more employees.

Republican House Minority Leader Vincent Candelora said that would be a mistake. He and other GOP lawmakers argued the bill will create a financial and bureaucratic hardship for small business owners and break the state’s recent cycle of economic growth.

Connecticut’s current paid sick law generally requires certain employers with at least 50 employees to provide up to 40 hours of paid sick leave annually to “service workers” in certain specified occupations. This bill applies to all employees and affects employers with 25 or more workers beginning Jan. 1, 2025; 11 or more workers beginning Jan. 1, 2026; and one or more workers beginning Jan. 1, 2027.

An employee would accrue one hour of paid sick leave for each 30 hours worked, for a maximum of 40 hours of paid leave per year.

“We are now taking a giant leap and going to have a broad-brush impact every business throughout the entire state of Connecticut — and I don’t think people here appreciate or understand how it’s going to affect them,” Candelora said.

The bill, the result of months of negotiations to ultimately get a proposal that could clear the House, was also criticized for being too lenient and not requiring workers to provide their employer with a doctor’s note.

“This could be for somebody to take a day off and go to the beach,” said Republican Rep. Steve Weir of Hebron. “Let’s be honest. This not sick leave. It provides an unfunded mandate on our employers.”

Lamont, a Democrat and former businessman, said he believes the bill strikes an appropriate balance between protecting the workforce and providing safeguards so the benefit is not misused and small business owners are protected.

“Especially considering what we learned during the recent outbreak of a viral pandemic, it’s appropriate that we take a look at our existing paid sick days laws and evaluate how they are working and how we can strengthen them,” Lamont said in a statement.

Lamont said he will sign the bill once it passes the Senate.
Biden picks up another big union endorsement, this one from building trades workers


President Joe Biden talks with NABTU President Sean McGarvey after speaking to the North America’s Building Trade Union National Legislative Conference, Wednesday, April 24, 2024, in Washington. (AP Photo/Evan Vucci)

President Joe Biden speaks to the North America’s Building Trade Union National Legislative Conference, Wednesday, April 24, 2024, in Washington. (AP Photo/Evan Vucci)

SINGING SOLIDARITY FOREVER

President Joe Biden arrives to speak to the North America’s Building Trade Union National Legislative Conference, Wednesday, April 24, 2024, in Washington. (AP Photo/Evan Vucci)

BY DARLENE SUPERVILLE AND CHRIS MEGERIAN
 April 24, 2024


WASHINGTON (AP) — President Joe Biden picked up the endorsement of North America’s Building Trades Unions at a Wednesday event where the president and his allies set out to dismantle Republican Donald Trump’s reputation as a successful real estate developer.

“Donald Trump is incapable of running anything,” said Sean McGarvey, the organization’s president. “God help us if he gets anywhere near the White House in the future.”

The event, held in a Washington hotel ballroom with a boisterous crowd of union members, was another salvo in the battle for votes from blue collar workers. Trump has tried to chip away at Democrats’ traditional advantage with organized labor, while Biden has been adding to his roster of endorsements and trying to fend off his predecessor’s comeback bid.

Biden said unions would help him make Trump a “loser again,” and he mocked Trump’s inability to pass infrastructure legislation when he was president, saying “he never built a damn thing.”

The Democratic president repeatedly torched his likely Republican opponent as a callous businessman who turned firing people into entertainment as part of his long-running reality show “The Apprentice.”

“He looks down on us. I’m not joking. Think about it,” Biden said. “Think about the guys you grew up with that you’d like to get in the corner and just give him a straight left. I’m not suggesting you hit the president. But we all know those guys growing up.”

Biden recently campaigned in his childhood hometown of Scranton, Pennsylvania, and he’s increasingly used economic arguments to portray Trump as out of touch with workers’ concerns.

In this election, Biden said, “it’s either Scranton values or Mar-a-Lago values.”

The endorsement adds to Biden’s considerable union support. The United Auto Workers backed him in January, and the United Steelworkers Union followed suit in March.

A Trump campaign spokesman did not immediately respond to a request for comment. But Trump has also sought support from organized labor, including meeting with the Teamsters earlier this year.

“Usually a Republican wouldn’t get that endorsement,” Trump said. “But in my case it’s different because I’ve employed thousands of Teamsters and I thought we should come over and pay our respects.”

TRUE TRUMP FACT: TEAMSTERS WERE REGULAR ENDORSERS OF REPULICAN POTUS CANDIDATES INCLUDING RICHRD NIXON

Trump’s popularity with white working class voters has been a challenge for Democrats who puzzle over his appeal.

McGarvey promised “an unprecedented field program in key battleground states” to help defeat Trump this year.

How US changes to ‘noncompete’ agreements and overtime pay could affect workers


The Federal Trade Commission building is seen, Jan. 28, 2015, in Washington. U.S. companies would no longer be able to bar employees from taking jobs with competitors under a rule approved by the FTC on Tuesday, April 23, 2024, though the rule seems sure to be challenged in court. (AP Photo/Alex Brandon, File)

A hiring sign is displayed in Riverwoods, Ill., Tuesday, April 16, 2024. The Biden administration has finalized a new rule set to make millions of more salaried workers eligible for overtime pay in the U.S. The move marks the largest expansion in federal overtime eligibility seen in decades. (AP Photo/Nam Y. Huh, File)


BY CATHY BUSSEWITZ AND MAE ANDERSON
April 24, 2024

NEW YORK (AP) — For millions of American workers, the federal government took two actions this week that could bestow potentially far-reaching benefits.

In one move, the Federal Trade Commission voted to ban noncompete agreements, which bar millions of workers from leaving their employers to join a competitor or start a rival business for a specific period of time. The FTC’s move, which is already being challenged in court, would mean that such employees could apply for jobs they weren’t previously eligible to seek.

In a second move, the Biden administration finalized a rule that will make millions more salaried workers eligible for overtime pay. The rule significantly raises the salary level that workers could earn and still qualify for overtime.

The new rules don’t take effect immediately. And they won’t benefit everyone. So what exactly would these rules mean for America’s workers?

WHAT IS A NONCOMPETE AGREEMENT?

Noncompete agreements, which employers have deployed with greater frequency in recent years, limit an employee’s ability to jump ship for a rival company or start a competing business for a stated period of time. The idea is to prevent employees from taking a company’s trade secrets, job leads or sales relationships to a direct competitor, who could immediately capitalize on them.


READ MORE


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Biden picks up another big union endorsement, this one from building trades workers


Norfolk Southern’s earnings offer railroad chance to defend its strategy ahead of control vote

Many industries use noncompete agreements, often among their salespeople, said Paul Lopez, managing partner at Tripp Scott, a Florida law firm that has handled more than 100 cases involving noncompete clauses.

“They’re the ones out there generating leads and sales,” Lopez said. “The last thing you as a business will want is for that person to go over to your competition and do the same thing.”

WHO IS TYPICALLY SUBJECT TO THESE AGREEMENTS?

People may assume that noncompete agreements apply only to high-level executives in the technology or finance industries. But many lower-level workers are subject to the restrictions as well. The rules vary by state.

In Florida, one medical sales worker was barred by his employer from joining a competitor for 10 years — and once he left his job, was unemployed for more than five years, said Stefanie Camfield, assistant general counsel with Engage PEO, a Florida company that handles human resources for small and medium-sized businesses.

“He was able to find another sales position in a completely different industry,” Camfield said. “But the learning curve was there, so he wasn’t making the same amount of money.”

In another case, a company in the optical industry that had hired a sales associate was informed by his former employer that it intended to enforce a noncompete agreement. So the optical company terminated the employee, Camfield said.

“They thought they had a qualified sales associate hired and ready to get to work, and all of a sudden now they’re back to square one.”

WHY BAN NONCOMPETE AGREEMENTS?

Some view noncompete agreements as harmful and unfair to workers by limiting their mobility. Career opportunities are often more attractive outside an employee’s current workplace. And with restrictions on the type of work they can do for a competitor, it can be hard to shift into a more suitable or lucrative position.

Many hiring managers, after all, most value job candidates who already have a certain level of experience in the same industry.

“A noncompete would unilaterally ban someone from getting exactly the kind of job that it’s reasonable to want,” said Jennifer Tosti-Kharas, a professor of organizational behavior at Babson College in Massachusetts. “To cut people off from that is overly paternalistic. It’s using a really blunt instrument to limit people’s mobility, when in reality there are other legal mechanisms to prevent trade secrets being disclosed.”

HOW DO I KNOW IF I’M SUBJECT TO A NONCOMPETE?


People are sometimes surprised to learn that they’re bound by such an agreement. They might not even find out until after they’ve left for a new job, and their former employer intervenes and causes them to be fired.

“When you join a company, you’re so focused on the opportunity in front of you, you might not be thinking about what’s that next jump,” Tosti-Kharas said.

Experts suggest that employees consult their human resources department about any noncompete agreements that might exist. If a workplace doesn’t have an HR department, an employee should ask a lawyer for the company.

ARE TRADE SECRETS NOW LIKELY TO BE SPILLED?

There are still laws on the books that protect companies’ trade secrets. The FTC decision doesn’t change that.

And the U.S. Chamber of Commerce has already filed a lawsuit against the Federal Trade Commission, calling its decision a dangerous precedent for government micromanagement of business. Lawsuits could delay any implementation of the FTC’s new rule, potentially for years.

WHAT ABOUT THE NEW OVERTIME RULES?


Starting July 1, employers of all sizes will be required pay overtime — time and a half salary after 40 hours a week — to salaried workers who make less than $43,888 a year in certain executive, administrative and professional roles. That cap will then rise to $58,656 by the start of 2025. Previously, the cap was $35,568.

WHO QUALIFIES?

The Labor Department estimates that 4 million salaried workers who weren’t previously eligible will qualify. Some occupations, though, including teachers, doctors and lawyers are not eligible for overtime pay and thus are not affected by the change. And some states, like California and New York, already have salary thresholds that exceed the federal level.

WHAT’S THE REACTION SO FAR?


Predictably, groups that represent companies have lined up against the new rule. Conversely, worker groups are applauding it as a necessary and long-overdue change.

The National Retail Federation argued that the new rules “curtail retailers’ ability to offer the most flexible, generous and tailored benefits packages to lower-level exempt employees across the industry.”

It also asserted that the new rules don’t give employers adequate time to make the changes needed. And it complained that the inclusion of automatic increases “exceeds the Department’s legal authority and oversteps longstanding Fair Labor Standards Act and Administrative Procedure Act principles.”

On the social media site X, the AFL-CIO labor organization said the rules will “restore and extend overtime protections for hard-working Americans.”

WILL THE CHANGES BE CHALLENGED IN COURT?

Almost certainly so. A 2016 effort by the Obama administration was scuttled in court just days before it was set to take effect. Because the new overtime rules won’t take effect until July 1, groups have time to study the ruling before mounting a challenge.

“I would expect there will be some legal challenges,” said Ted Hollis, a partner at the law firm Quarles & Brady. “When the Obama administration published its proposed rule in 2016, that was almost immediately challenged in court.”

HOW SHOULD BUSINESSES PREPARE FOR THIS?

Companies of all sizes will have to reclassify workers who will now qualify for overtime pay — and make sure they track hours and pay them properly.

Another option is to raise employees’ salaries so they would remain exempt from overtime. But employers should keep in mind that two more increases are coming under the new timetable.

They’ll also have to determine how they will budget for the extra pay for overtime. Small businesses will have the toughest time.

“Some are going to have to cut workers,” Hollis said. “Others will have to cut hours from existing workers.

“Some are going to have to raise prices, and some probably won’t be able to figure out a way to make it economically work and wind up having to shut down, unfortunately.”

MAE ANDERSON
New York-based reporter covering small business.

Another ex-State Department official alleges Israeli military gets ‘special treatment’ on abuses


Israeli honor guard soldiers salute during the funeral Israeli reserve Major Dor Zimel in Even Yehuda, Israel, Monday, April 22, 2024. Zimel , 27, died of his wounds after Iran-backed Lebanese militant Hezbollah group fired a volley of rockets and drones on northern Israel on April 17. The attack wounded at least 14 Israeli soldiers, six seriously, the army said. (AP Photo/Ariel Schalit)Read More


BY ELLEN KNICKMEYER
April 24, 2024

WASHINGTON (AP) — A former senior U.S. official who until recently helped oversee human-rights compliance by foreign militaries receiving American military assistance said Wednesday that he repeatedly observed Israel receiving “special treatment” from U.S. officials when it came to scrutiny of allegations of Israeli military abuses of Palestinian civilians.

The allegation comes as the Biden administration faces intense pressure over its ally’s treatment of Palestinian civilians during Israel’s war against Hamas in Gaza. And matters because of who said it: Charles O. Blaha. Before leaving the post in August, he was a director of a State Department security and human rights office closely involved in helping ensure that foreign militaries receiving American military aid follow U.S. and international humanitarian and human rights laws.

Blaha said his departure from the State Department after decades of service was not related to the U.S.-Israeli security relationship. He is the second senior State official involved in that relationship to assert that when it comes to Israel, the U.S. is reluctant to enforce laws required of foreign militaries receiving American aid.


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“In my experience, Israel gets special treatment that no other country gets,” Blaha said. “And there is undue deference, in many cases, given” to Israeli officials’ side of things when the U.S. asks questions about allegations of Israeli wrongdoing against Palestinians, he added.

He spoke to reporters at an event where he and other members of an unofficial, self-formed panel of former senior U.S. civilian and military officials released a report pointing to civilian deaths in specific airstrikes in Gaza. They said there was “compelling and credible” evidence that Israeli forces had acted illegally.

Blaha’s comments echoed those of another State Department official and panel member, Josh Paul. Paul resigned as a director overseeing arms transfers to other countries’ militaries in October in protest of the U.S. rushing arms to Israel amid its war in Gaza.

Asked about the allegations from the two, a State Department spokesman, Vedant Patel, said “there is no double standard, and there is no special treatment.”

Israeli officials did not immediately respond to a request for comment. Israel consistently says it follows all laws in its use of U.S. military aid, investigates allegations against its security forces and holds offenders accountable.

Israel historically is the United States’ biggest recipient of military aid, and Biden on Wednesday signed legislation for an additional $26 billion in wartime assistance. But Biden has come under growing pressure over that support as Palestinian deaths mount.

The latest Israel-Hamas war began on Oct. 7, when Hamas and Islamic Jihad, two militant groups backed by Iran, carried out a cross-border attack that killed 1,200 people in Israel. Israel responded with an offensive in Gaza that has caused widespread devastation and killed more than 34,000 people, according to local health officials.

In coming days, the administration says it will announce its official findings from reviews it did into allegations of especially serious human rights abuses by specific Israeli military units. Those units would be barred from receiving U.S. military aid if the U.S. review confirms those allegations.

Separately, the Biden administration also is expected to disclose by May 8 whether it has verified assurances from Israel that the country is not using U.S. military aid in a way that violates international or human rights law. Both Israel’s written assurance and the U.S. verification were mandated by a new presidential national security memo that Biden issued in February.

The February agreement was negotiated between the Biden administration and members of his own Democratic Party, who had been pushing for the U.S. to begin conditioning military aid to Israel on improving treatment of Palestinian civilians.

Panel members released their report Wednesday to urge the U.S. to scrutinize specific attacks in Gaza that the former officials argued should lead to a conclusion that Israel was wrong when it confirmed it was complying with the laws. If that determination is made, the U.S. could then suspend military aid.

Wednesday’s unofficial report points to 17 specific strikes on apartments, refugee camps, private homes, journalists and aid workers for which the former U.S. officials and independent experts allege there’s no evidence of the kind of military target present to justify the high civilian death tolls.

They include an Oct. 31 airstrike on a Gaza apartment building that killed 106 civilians, including 54 children. Israeli officials offered no reason for the strike, and a Human Rights Watch probe found no evidence of a military target there, the officials said. Israel has said in many of the instances that it is investigating.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years

Peruvian psychologist Ana Estrada, who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, becoming the first person in the country to obtain the right to die with medical assistance. 
(AP video by Mauricio Munoz, Cesar Barreto)


BY FRANKLIN BRICEÑO
April 23, 2024


LIMA, Peru (AP) — A Peruvian psychologist who had an incurable disease that weakened her muscles and left her bedridden for several years died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.

Ana Estrada fought for years in Peruvian courts for the right to die with dignity, and became a celebrity in the conservative country where euthanasia and assisted suicide are illegal.

In 2022, Estrada was granted an exception by the nation’s Supreme Court, which upheld a ruling by a lower court that gave Estrada the right to decide when to end her life, and said that those who helped her would not be punished. Estrada became the first person to obtain the right to die with medical assistance in Peru.

“Ana’s struggle for her right to die with dignity has helped to educate thousands of Peruvians about this right and the importance of defending it,” her lawyer, Josefina Miró Quesada, said in a statement. “Her struggle transcended our nation’s borders.”

Estrada, 47, had an incurable disease called polymyositis that wastes away muscles. She began to present the first symptoms as a teenager and started to use a wheelchair at the age of 20 because she had lost the strength to walk.

Estrada obtained a psychology degree and became a therapist. She earned enough money to buy her own apartment and became independent from her parents.

By 2017, however, Estrada’s condition worsened and she could no longer get up from her bed. She had difficulty breathing and survived pneumonia. And even though she could not type, Estrada used transcription software to produce a blog called “Ana for a death with dignity,” where she discussed her struggles and her decision to seek euthanasia.

“I am no longer free,” she said in an interview with the Associated Press in 2018. “I am not the same person I was before.”

With the help of Peru’s Human Rights Ombudsman, Estrada won a lawsuit that gave her the right to die with euthanasia. From her bed, she participated in court sessions through video conferences.

Estrada told judges in 2022 that she valued life, and did not want to die immediately, but wanted to have the freedom to decide when to end her life.

“I want to accede to euthanasia when I can no longer sustain suffering in life,” she said. “And when I decide to bid farewell to my loved ones in peace and with tranquility.”

Only a handful of countries have legalized euthanasia, including Canada, Belgium and Spain. Some U.S. states, including Maine and Oregon, allow physician-assisted suicide, where a doctor provides a terminally ill patient with the means to end their life.

Euthanasia is illegal in most Latin American countries except for Colombia, which legalized it in 2015, and Ecuador, which decriminalized the practice in February.


 


Aboriginal spears taken by Captain Cook in 1770 are returned to Australia’s Indigenous people



Undated handout photo issued by Cambridge University of four Aboriginal spears that were brought to England by Captain James Cook more than 250 years ago and have now been repatriated to Australia in a ceremony at Trinity College in Cambridge, Tuesday April 23, 2024. (Cambridge University via AP)


Undated handout photo issued by Cambridge University of Elisabeth Bowes, Leonard Hill, Stephen Smith and Noeleen Timbery with four Aboriginal spears that were brought to England by Captain James Cook more than 250 years ago and have now been repatriated to Australia in a ceremony at Trinity College in Cambridge, Tuesday April 23, 2024. (Cambridge University via AP)

Undated handout photo issued by Cambridge University of two of four Aboriginal spears that were brought to England by Captain James Cook more than 250 years ago and have now been repatriated to Australia in a ceremony at Trinity College in Cambridge, Tuesday April 23, 2024. (Cambridge University via AP)


BY SYLVIA HUI
April 23, 2024


LONDON (AP) — Four Aboriginal spears that were taken to England by Captain James Cook more than 250 years ago were returned Tuesday to Australia’s Indigenous community at a ceremony in Cambridge University.

The artifacts were all that remain of some 40 spears that Cook and botanist Joseph Banks took in April 1770, at the time of the first contact between Cook’s crew and the Indigenous people of Kamay, or Botany Bay.

The spears were presented to Trinity College, Cambridge by John Montagu, the 4th Earl of Sandwich the following year, along with other items from Cook’s voyage across the Pacific. The spears have been held at the university’s Museum of Archaeology and Anthropology since the early 20th century.

Their return, agreed last year following a campaign and a formal repatriation request, was hailed as a step toward reconciliation and a greater understanding of Britain and Australia’s shared history.

Sally Davies, head of Trinity College, said it was the “right decision” to return the spears and that the institution was “committed to reviewing the complex legacies of the British empire, not least in our collections.”

The spears were “exceptionally significant” because they were the first artifacts collected by the British from any part of Australia that remain, said Nicholas Thomas, director of Cambridge’s archaeology museum.

“They reflect the beginnings of a history of misunderstanding and conflict,” he said.

The Gujaga Foundation, which leads cultural and research programs within the La Perouse Aboriginal community, said the artifacts’ return marked a “momentous occasion.”

“The spears were pretty much the first point of European contact, particularly British contact with Aboriginal Australia,” said Ray Ingrey, the foundation’s director.

“Ultimately, they’ll be put on permanent display for everyone to go see, at the very spot they were taken from 250 years ago,” he added.

The spears were taken by members of Cook’s expedition from an unoccupied Aboriginal campsite, according to the National Museum of Australia’s website.

A diary entry by Banks that the website cited read: ”(We) threw into the house to them some beads, ribbands, cloths &c. as presents and went away. We however thought it no improper measure to take away with us all the lances (spears) which we could find about the houses, amounting in number to forty or fifty.”

Ingrey said the spears were “undoubtedly taken without permission.”

The spears will be displayed at a new visitor center to be built at Kurnell, Kamay.
CRYPTO CRIMINAL CAPITALI$M
DOJ recommends 36-month prison sentence for former Binance CEO Changpeng Zhao



The Department of Justice is seeking a 36-month prison sentence and a $50 million fine for former Binance CEO Changpeng Zhao. File Photo by Miguel A. Lopes/EPA-EFE

April 24 (UPI) -- Federal prosecutors Tuesday recommended 36 months in prison and a $50 million fine for former Binance CEO Changpeng Zhao after he pleaded guilty to violating money laundering laws under the Bank Secrecy Act.

In the sentencing memo filed Tuesday, prosecutors said Zhao who founded Binance in 2017 was "operating on a Wild West model that, as one compliance employee said, told criminals 'come to Binance we got cake for you,'" as the platform rapidly grew to become the world's largest cryptocurrency exchange within a year.

The sentencing recommendation exceeds the federal guidelines range of 10-16 months. His sentencing is expected April 30.

Prosecutors said billions in illegal profits were made as Zhao "reaped vast rewards for his violation of U.S. law, and the price of that violation must be significant to effectively punish Zhao for his criminal acts and to deter others who are tempted to build fortunes and business empires by breaking U.S. law."

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While prosecutors said the $50 million fine is a small fraction of Zhao's wealth, it's "a historically large fine for an individual U.S. defendant."

Binance pleaded guilty to conspiracy to violate the BSA, violating the International Emergency Economic Powers Act and failure to register as a money-transferring business.

Under a plea agreement, the crypto exchange agreed to pay $4.3 billion in penalties, the most ever paid by a money services business, according to the Justice Department.

"These exceptional financial penalties-which directly resulted from Zhao's conduct demonstrate the nature and seriousness of Zhao's offense," the sentencing memo said. "Those penalties are tied directly to the profits Binance earned and the vast transactions it processed, reflecting the extraordinary scope of the scheme."

The sentencing memo said Zhao violated U.S. law on "an unprecedented scale" as he led the massive financial institution, processing trillions of dollars in cryptocurrency trades per year.

The Justice Department said Binance also harmed U.S. national security by violating sanctions against Iran while "illicit actors flocked to the exchange."

The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission have separately sued Binance for the alleged mishandling of customer assets while operating an illegal, unregistered exchange in the United States.

Zhao quit as Binance CEO in November after agreeing to the plea deal with the Department of Justice.

On Tuesday Philippines market regulators ordered Apple and Google to remove the Binance app from their stores for securities violations and to prevent "the further proliferation of its illegal activities" in the country.
Side effects of 'magic mushrooms' similar to regular antidepressants

By Ernie Mundell, HealthDay News


People in a new study who took psilocybin often experienced headache, nausea, anxiety, dizziness and elevated blood pressure -- side effects similar to those seen with regular antidepressants. Photo by Adobe Stock/HealthDay News

Many people with tough-to-treat depression may be trying psilocybin, the active ingredient in magic mushrooms, as an alternative to antidepressants.

Thinking that it's a "natural" drug, folks might assume it comes without side effects.

That assumption would be wrong.

People in a new study who took psilocybin often experienced headache, nausea, anxiety, dizziness and elevated blood pressure -- side effects similar to those seen with regular antidepressants, according to a team from the University of Georgia in Athens (UGA).

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The good news: Such side effects were only temporary. It's less clear if longer-term side effects might emerge with time, the researchers noted.

The short-term side effects "are what we may expect from your traditional antidepressants because those medications work in a similar fashion to psilocybin. They both target serotonin receptors," explained senior study author Dr. Joshua Caballero, an associate professor in UGA's College of Pharmacy.

"It's very encouraging," he added in a university news release, "because the studies we examined consist of just one or two doses per patient, and we're finding that the beneficial effects of psilocybin may stay for months when treating depression."

Psilocybin was shunned by the medical community for decades because, at higher doses, it can have hallucinatory properties. But used under the guidance and supervision of a therapist, the drug is having a comeback as a new form of antidepressant.

But what about any side effects?

To answer that question, Caballero's group looked at data from six different studies on the supervised use of single doses of psilocybin against depression. The studies included a total of 528 people.

They found a number of side effects, among which nausea, dizziness and elevated blood pressure were most common. These effects appeared to dissipate within 48 hours.

Importantly, "psilocybin use was not associated with risk of paranoia and transient thought disorder," the researchers said.

The findings were published recently in the journal JAMA Network Open.

"At some point, I do think that psilocybin will become a treatment option, and when it does, we need to know what the side effects and potential long-term complications are," Caballero said.

Always use the drug under the supervision of a trusted therapist, he said. One recent study found this was key to successful treatment.

"I would urge caution for people that are thinking this is a magic cure and then go out and take excess mushrooms," Caballero said. "Without proper monitoring, you won't know the concentration of psilocybin in those mushrooms and you could have a bad trip or other negative outcome."

The researchers added that the longer-term effects, if any, of psilocybin therapy are unknown.

"There is still a lot we don't know about the potential long-term side effects and more serious rare side effects of psilocybin use," Caballero said. He noted that standard antidepressants already carry a boxed warning from the U.S. Food and Drug Administration regarding the potential for an increased risk of suicidal thoughts and suicide in young adults.

Could psilocybin use have a similar risk? It's just not clear yet, Cabellero and colleagues said.

Still, the overall news is good for folks battling tough depression.

"If we can safely use this drug in a controlled environment, I think it could be groundbreaking for a lot of patients that need it," Caballero said.

More information

Find out more about the use of psilocybin against depression at the U.S. National Institutes of Health.

Copyright © 2024 HealthDay. All rights reserved.

Germany to restart funding for UNRWA after independent report


Israeli right-wing protesters look at a banner hung on the entrance to the UNRWA, United Nations Relief and Works Agency for Palestine Refugees, headquarters in Jerusalem on March 20. Germany said it will start funding the organization again. File Photo by Debbie Hill/UPI | License Photo

April 24 (UPI) -- Germany said it plans to resume funding the United Nations Release Agency for Palestinian Refugees after joining more than a dozen other countries in suspending support amid allegations that employees were involved in the Oct. 7 attacks on Israel.

Germany's Federal Foreign Office and Federal Ministry for Economic Cooperation and Development issued a joint statement announcing that the country would "shortly resume its cooperation with UNRWA in Gaza" following the release of a U.N.-commissioned report that found Israel did not offer enough evidence to support the claims.

"By resuming our acute cooperation, we are supporting the vital and currently irreplaceable role played by UNRWA in meeting the basic needs of the people in Gaza -- since other international aid organizations, too, currently rely on UNRWA's operative structures there," the agencies said.

UNRWA has long been the main conduit for humanitarian support for Palestinians while Israel had complained for years that Hamas had hijacked it.

The report, led by former French Foreign Minister Catherine Colonna, found that the UNRWA regularly provided lists of employees to Israel for vetting and had not been informed by the government of "any concerns relating to any UNRWA staff based on these staff lists since 2011.

It also recommended increasing internal oversight of UNRWA, improving external monitoring of external project management, continuing to regularly share staff lists with Israel and expanding internal training.

Germany said those recommendations "must now be implemented without delay."

"Germany will liaise closely with its key international partners on the disbursement of further funding," it said. "UNRWA's short-term financing needs in Gaza are currently covered by existing funding."

Sixteen countries, including Germany, suspended payments to UNRWA totaling $450 million after Israel charged that 12 of its workers took part in the Oct. 7 terrorist attack on the country, sparking Israel's long military response.

Since the pause, Australia, Canada, Japan and Sweden have started to fund UNRWA again as doubts started to be raised about the accuracy of Israel's allegation. The independent report claimed that Israel never provided information about its charges. Britain said it would wait for the report to be officially published before deciding to restart funding.