Retired barber charged in fatal shooting of Newport Beach doctor















































Prosecutors have filed charges against a 75-year-old man who is accused of murdering his urologist during an appointment in Newport Beach.


Stanwood Fred Elkus of Lake Elsinore has been charged with one felony count of special circumstances murder by lying in wait and a sentencing enhancement for the personal use of a firearm causing death, according to the Orange County district attorney’s office.


Prosecutors say Elkus, a retired barber, arrived for an appointment at his doctor’s office Monday afternoon and waited in an exam room until Ronald Gilbert entered.








Elkus is accused of shooting Gilbert several times in the upper body, according to prosecutors and police.


Other doctors heard the shots and attempted to revive Gilbert, prosecutors said. Elkus gave his gun to a staff member in the office and was arrested without incident, they said.


Elkus, who is being held at the Orange County jail on no bail, was expected in court Wednesday.






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Skip the Lists for a More Accessible Web


Somewhere far in the web’s primordial past it was decided that the best way to mark up a menu in HTML was to use the unordered list element: <ul>. The vast majority of tutorials – if not all – you’ll ever see for creating navigation menus use the familiar list element structure, nesting links inside <li> tags. Menu plugins for WordPress and other popular publishing systems use lists for menus as well. Even the HTML5 spec uses an unordered list in its <nav> element examples.

There is, as CSS-Tricks’ Chris Coyier writes, “no debate” about how menus should be marked up. But HTML5 adds the <nav> element and there’s also a navigation role in WAI-ARIA so should we still be using lists to mark up menus?


Coyier says no. He’s dropped lists from his <nav> elements and instead uses just links and span tags. Coyier cites a talk by Reinhard Stebner, who is blind, and suggests that with most screen readers the far better solution for menus is to use divs and spans for menus.


Be sure to read through Coyier’s post for some more data on why ditching the list might be a good idea and check out Jim Doran’s write up on Stebner’s original talk, which makes a distinction between accessible and usable. That is, a technically “accessible” site might still be a usability nightmare for some users.


However, as Mozilla’s Chris Heilmann points out in the comments of Coyier’s post, the problems lists cause in some screen readers are really a result of the sorry state of screen readers. “Screen readers are damn slow to update and vary immensely between different versions… I gave up a long time ago calling something accessible or not when it works in Jaws.”


Lists for menus have advantages over the div and span route, like some extra elements for styling and the fact that they render as, well, lists even in the absence of CSS.


What do you think? Are lists for menus a legacy workaround we no longer need in the day and age of <nav> and role="navigation"? Or do they still offer enough advantages to keep using for menus?


For his part Coyier says he’s going to keep building list-free menus. “Until I see some solid research that suggests that’s dumb, I’m sticking to it,” he writes. “As always, the best would be to get more information from real screen reader users like Reinhard.”


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Musical comedy “The Sapphires” sparkles at Aussie Oscars






SYDNEY (Reuters) – Home-grown romantic musical comedy “The Sapphires” shone at Australia‘s film industry awards on Wednesday, picking up best film and lead acting trophies for Deborah Mailman and “Bridesmaids” star Chris O’Dowd.


Awards host Russell Crowe, an Oscar winner for “Gladiator,” led a star-studded evening whose theme was pride in Australia’s outsized success on the international film stage.






“The Australian academy may be small but over the years we have won more than 60 BAFTAs and Oscars,” said Crowe at the second annual Australian Academy of Cinema and Television Arts awards, affectionately known as the “Aussie Oscars.”


Cate Blanchett, Nicole Kidman and Jeffrey Rush were all on hand for the event at Sydney’s Star casino, leading guest presenter Jeremy Renner to joke: “You can’t throw a bottle out the window in Hollywood without hitting an Australian.”


The Sapphires, a possibility for next year’s Oscars, tells the story of four women from a remote Aboriginal mission who are catapulted on to the world stage as Australia’s answer to the Supremes when a kind-hearted manager, played by O’Dowd, hears their powerful voices and sends them to entertain troops in Vietnam.


“Films find their way because of a certain strength,” Kidman told Reuters. “The Sapphires is such a unique story and it’s great music and great talent.”


Director Wayne Blair’s debut film also won for direction, cinematography, editing, best production design, costume design and sound.


Best Young Actor went to Saskia Rosendahl for her role in the Australian-German film “Lore”, about a teenage girl who leads her younger siblings across Germany at the end of World War Two. Rosendahl was just 17 when the film was made.


The awards weren’t without controversy after the director of “Bait”, the 3D shark-in-a-supermarket horror-comedy that was Australia’s highest grossing film internationally last year, accused the academy of snubbing his movie.


While The Sapphires was Australia’s top-grossing film domestically, with more than A$ 14 million ($ 14.63 million) in ticket sales, Bait snagged more than $ 41.8 million worldwide, more than half of that in China.


“It was never going to get best film or best director, but how can the cinematography, the visual effects, the editing, the sound design, the production design – we built a supermarket and put it underwater, for goodness’ sake – be overlooked?” said Kimble Rendall to the Sydney Morning Herald.


Prior to last year, the awards were known as the Australian Film Industry (AFI) awards.


($ 1 = 0.9566 Australian dollars)


(Reporting By Jane Wardell, editing by Elaine Lies)


TV News Headlines – Yahoo! News





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The Consumer: The Drug-Dose Gender Gap

Most sleeping pills are designed to knock you out for eight hours. When the Food and Drug Administration was evaluating a new short-acting pill for people to take when they wake up in the middle of the night, agency scientists wanted to know how much of the drug would still be in users’ systems come morning.

Blood tests uncovered a gender gap: Men metabolized the drug, Intermezzo, faster than women. Ultimately the F.D.A. approved a 3.5 milligram pill for men, and a 1.75 milligram pill for women.

The active ingredient in Intermezzo, zolpidem, is used in many other sleeping aids, including Ambien. But it wasn’t until earlier this month that the F.D.A. reduced doses of Ambien for women by half.

Sleeping pills are hardly the only medications that may have unexpected, even dangerous, effects in women. Studies have shown that women respond differently than men to many drugs, from aspirin to anesthesia. Researchers are only beginning to understand the scope of the issue, but many believe that as a result, women experience a disproportionate share of adverse, often more severe, side effects.

“This is not just about Ambien — that’s just the tip of the iceberg,” said Dr. Janine Clayton, director for the Office of Research on Women’s Health at the National Institutes of Health. “There are a lot of sex differences for a lot of drugs, some of which are well known and some that are not well recognized.”

Until 1993, women of childbearing age were routinely excluded from trials of new drugs. When the F.D.A. lifted the ban that year, agency researchers noted that because landmark studies on aspirin in heart disease and stroke had not included women, the scientific community was left “with doubts about whether aspirin was, in fact, effective in women for these indications.”

Because so many drugs were tested mostly or exclusively in men, scientists may know little of their effects on women until they reach the market. A Government Accountability Office study found that 8 of 10 drugs removed from the market from 1997 through 2000 posed greater health risks to women.

For example, Seldane, an antihistamine, and the gastrointestinal drug Propulsid both triggered a potentially fatal heart arrhythmia more often in women than in men. Many drugs still on the market cause this arrhythmia more often in women, including antibiotics, antipsychotics, anti-malarial drugs and cholesterol-lowering drugs, Dr. Clayton said. Women also tend to use more medications than men.

The sex differences cut both ways. Some drugs, like the high blood pressure drug Verapamil and the antibiotic erythromycin, appear to be more effective in women. On the other hand, women tend to wake up from anesthesia faster than men and are more likely to experience side effects from anesthetic drugs, according to the Society for Women’s Health Research.

Women also react differently to alcohol, tobacco and cocaine, studies have found.

It’s not just because women tend to be smaller than men. Women metabolize drugs differently because they have a higher percentage of body fat and experience hormonal fluctuations and the monthly menstrual cycle. “Some drugs are more water-based and like to hang out in the blood, and some like to hang out in the fat tissue,” said Wesley Lindsey, assistant professor of pharmacy practice at Auburn University, who is a co-author of a paper on sex-based differences in drug activity.

“If the drug is lipophilic” — attracted to fat cells — “it will move into those tissues and hang around for longer,” Dr. Lindsey added. “The body won’t clear it as quickly, and you’ll see effects longer.”

There are also sex differences in liver metabolism, kidney function and certain gastric enzymes. Oral contraceptives, menopause and post-menopausal hormone treatment further complicate the picture. Some studies suggest, for example, that when estrogen levels are low, women may need higher doses of drugs called angiotensin receptor blockers to lower blood pressure, because they have higher levels of proteins that cause the blood vessels to constrict, said Kathryn Sandberg, director of the Center for the Study of Sex Differences in Health, Aging and Disease at Georgetown.

Many researchers say data on these sex differences must be gathered at the very beginning of a drug’s development — even before trials on human subjects begin.

“The path to a new drug starts with the basic science — you study an animal model of the disease, and that’s where you discover a drug target,” Dr. Sandberg said. “But 90 percent of researchers are still studying male animal models of the disease.”

There have been improvements. In an interview, Dr. Robert Temple, with the Center for Drug Evaluation and Research at the F.D.A., said the agency’s new guidelines in 1993 called for studies of sex differences at the earliest stages of drug development, as well as for analysis of clinical trial data by sex.

He said early research on an irritable bowel syndrome drug, alosetron (Lotronex), suggested it would not be effective in men. As a result, only women were included in clinical trials, and it was approved only for women. (Its use is restricted now because of serious side effects.)

But some scientists say drug metabolism studies with only 10 or 15 subjects are too small to pick up sex differences. Even though more women participate in clinical trials than in the past, they are still underrepresented in trials for heart and kidney disease, according to one recent analysis, and even in cancer trials.

“The big problem is we’re not quite sure how much difference this makes,” Dr. Lindsey said. “We just don’t have a good handle on it.”


Readers may submit comments or questions for The Consumer by e-mail to consumer@nytimes.com.

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Shell Wins 3 Pollution Suits Filed by Nigerians


In a legal dispute that had been closely watched by multinational companies and environmental organizations, a Dutch court Wednesday dismissed most of the claims brought by Nigerian farmers seeking to hold Royal Dutch Shell accountable for damage by oil spilled from its pipelines.


The decision, by the District Court of the Hague, was unusual in that it was brought in a Dutch jurisdiction against a Dutch company for activities overseas by a foreign subsidiary.


Shell, which has its headquarters in the Hague and its registered offices in London, acclaimed the decision as a vindication.


The company had argued that the oil spills were not its fault, but the result of criminal tampering.


“This ruling will enable more people to understand what is happening on the ground in Nigeria,” Jonathan French, a Shell spokesman, said. “We have this rampant problem of criminal activities: oil theft, sabotage, and illegal refining. That is the real tragedy of the Niger Delta.”


The company, which obtains 12 percent of its oil and gas from Nigeria, has long been dogged by accusations that its activities there cause serious environmental problems and human rights abuses.


In 2009 it agreed to pay $15.5 million to end a lawsuit brought under the U.S. Alien Tort Claims Act arising from the 1995 execution of the author Ken Saro-Wiwa, a critic of the company and the Nigerian government’s actions in the Niger Delta.


That U.S. law has been interpreted as having broad jurisdiction, even over foreign multinationals.


Shell denied that it bore any responsibility for Mr. Saro-Wiwa’s death, but said it wanted to end the litigation and move on.


In the case decided Wednesday, which was filed in 2008, four Nigerian farmers and fishermen, working with the environmentalist group Friends of the Earth, claimed that their livelihoods had been ruined by oil that spilled from Shell pipelines in their villages.


While the pollution damage itself was not in dispute, Shell argued that the spills had been caused by so-called bunkering — oil theft from the pipelines — as well as outright sabotage.


The court agreed with Shell in most of those spills, around the villages of Goi and Oruma.


But it held that in one spill, near the village of Ikot Ada Udo, the local subsidiary, Shell Petroleum Development Co. of Nigeria, was liable for damages — as yet unspecified — to one farmer.


In that case, the court said, “sabotage was committed in a very simple way in 2006 and 2007 by opening the overground valves with a monkey wrench,” something that “Shell Nigeria could and should have prevented.”


“I am not surprised at the decision because there was divine intervention in the court,” Reuters quoted the farmer, Friday Akpan, as saying. “The spill damaged 47 fishing ponds, killed all the fish and rendered the ponds useless.”


Joel Trachtman, a professor of international law at the Fletcher School of Law and Diplomacy in Medford, Massachusetts, said that, in theory, the court’s finding in favor of Mr. Akpan meant that “multinational companies could find their foreign subsidiaries held to a higher standard, higher even than locally owned companies.”


That, he said, “conceivably could deter foreign investment in Nigeria.”


But Mr. Trachtman noted that the court also rejected any liability for the parent company. That limited the implications of the ruling. Mr. Trachtman said that facet of the decision was in keeping with global legal principles. “Usually courts around the world accept the separate existence of a subsidiary corporation,” he said. “They don’t pierce the veil to hold the parent responsible.”


Evert Hassink, a spokesman for the Dutch chapter of Friends of the Earth, described the court ruling as “mixed.” The court’s refusal to assign any responsibility to the parent company was disappointing, he said. But “we’ve succeeded in establishing the principle of going to court in the Netherlands or Europe because of what happened in another country,” he said.


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Egyptian general warns against continued unrest









CAIRO — Egypt’s top military commander warned President Mohamed Morsi and opposition parties Tuesday to end days of bloodshed and unrest before the nation slides into chaos that may jeopardize the economy and “lead to the collapse of the state.”


The ominous statement from Gen. Abdel Fattah Sisi signaled that the military, which ruled Egypt for months before Morsi was elected in June, wanted to quickly stem an uprising against the Islamist-led government. At least 52 people have died in riots since Friday.


“The continuing conflict between political forces and their differences concerning the management of the country could lead to a collapse of the state and threaten future generations,” Sisi said on the army’s Facebook page. He added that political turmoil and attacks on state targets were a “real threat to the security of Egypt.”





Despite its much criticized rule, marked by political repression and human rights violations, the military is largely revered. It is regarded by many Egyptians as the single stabilizing force across a spectrum of failed institutions and Morsi’s authoritarian moves to consolidate the Muslim Brotherhood’s grip on power.


It did not appear the army was preparing to seize control of the country. The generals’ tenure running the government after the February 2011 toppling of Hosni Mubarak left them bitter and tainted the military’s reputation, especially after crackdowns on demonstrators. The army prefers playing behind-the-scenes power broker.


The statement, though, suggested the military was losing patience with protesters and questioning Morsi’s ability to contain the crisis. The army has been loyal to the president; Morsi supported a new constitution that gives the generals wide autonomy. But the Islamist president has been unable to sway protesters or the opposition away from conflict.


The military did not clarify how it “might interfere in coming days,” said Talaat Mosallam, a retired major general and security analyst. “Their experience before in politics was not a comfortable one. But their feeling that the political powers might be losing control compelled them to issue a statement.”


Troops have been deployed and given emergency arrest powers to guard public buildings and shipping docks in the vital coastal cities of Suez, Port Said and Ismailia. Ports in those towns serve the Suez Canal, whose stability is a potent economic symbol for foreign capitals and investors.


Violence and protests eased a bit on Tuesday. However, clashes between rock-throwing youths and police rumbled at the edges of Tahrir Square in Cairo. Unrest continued in Suez and Port Said, where protesters defied curfews and the government had lost control amid burned police stations and well-armed residents.


The main opposition coalition, the National Salvation Front, has rejected Morsi’s call for political talks. The organization, headed by reformers, including Nobel Peace Prize laureate Mohamed ElBaradei, has accused the president and the Muslim Brotherhood of hijacking the revolution that overthrew Mubarak.


But the opposition’s influence on the streets is questionable. Many protesters criticize it as disorganized, divided and unable to articulate a galvanizing message. The opposition epitomizes a major shortcoming of the revolution: the absence of a charismatic figure capable of bridging political differences and fixing the economy.


The military’s statement highlighted the failure of the Interior Ministry, which controls the nation’s police forces, to keep order. The ministry backed Mubarak’s 30 years of repressive rule and lacks the reforms to gain the confidence of Egyptians. It is mistrusted by the Muslim Brotherhood, whose members for decades were persecuted and tortured by police.


The unrest has been further complicated by disparate interests converging around a protest movement. Peaceful demonstrations have often been overshadowed by young men and boys hurling stones and firebombs at police. Soccer fans, known as Ultras, have acted as shock troops. Looters and gunmen roam cities.


More recently an anarchist group calling itself the Black Bloc has battled security forces along barricades leading to the parliament. The country’s general prosecutor Tuesday called it a terrorist organization after the ransacking of the lobby in the Intercontinental Hotel near Tahrir Square. The Black Bloc denied it was involved.


Frightened hotel workers sent out tweets, including one that read: “SOS If anyone knows anyone in #Military #Police #Government, please send help! Thugs in Lobby.”


Hesham Abdel-Wahab, a hotel security guard, told the Ahram Online news website: “We called the police and requested they send forces. But when I spoke to the police, they just continued to ask me for my name. They were very hesitant. I kept saying to them that my name doesn't matter, we were under attack.”


ALSO:


Russian skywalkers look upward for escape


Bodies found in Mexico may be those of missing band


Controversial Spanish doctor testifies in huge sports doping trial


Special correspondent Reem Abdellatif contributed to this report.





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Next Up for SEALs: Upgraded Batman-Style Grappling Hook Gun



Even Navy SEALs need to feel like Batman sometimes. Especially when they’re trying to scale walls or board ships.


Enter Jim LaBine of the defense company Battelle. For years, Battelle has manufactured a tool for SEALs that the Dark Knight might haul from the Batcave: a pneumatically fired grappling hook, launched from an intimidating black cannon about the size of your arm. It’s called the Tactical Air Initiated Launch, or TAIL, and LaBine designed it. It’s even been featured on MythBusters. Six months ago, LaBine opted to upgrade it.


SEALs wanted something “that could clear a two-story building,” LaBine explains during a Washington, D.C. special-operations conference. So he designed something that’s meant for scaling a much, much taller building instead. Pictured above, the RAIL, or Rescue Air Initiated Launch, is a collapsible metal grappling hook. It’s given a lot of extra lift to the gun’s ability to get a SEAL over an obstacle.



The grapple on the TAIL is an unyielding metal claw. It’s good for getting its hook into a surface 100 feet high and towing a sturdy, nylon-jacketed line or ladder for someone to ascend. But the claw is inflexible, and that poses problems for its use. “I’m limited by it,” LaBine says, “but it’s got elements that want to let me go further and higher.”


The RAIL operates more like Batman’s actual climbing tools (with the caveat being that neither Batman nor his gadgets are real). It folds like an umbrella into the TAIL’s barrel, and only flexes after firing, opening into a claw shape at the end of the drag. According to LaBine, it more than doubled the TAIL’s upward maximum range, to 250 feet. Search-and-rescue teams might want to use it as well as the military, he thinks.


One problem: according to a video LaBine showed me, the RAIL makes a loud, whistling sound as it sails through the air, so it’s not good for a stealth raid like on the bin Laden compound. (There’s “some loud noise,” LaBine concedes.) It’s not yet for sale, according to Battelle, so it may have some tweaks on the way before SEALs get to use it for, say, getting aboard a hostile ship. Or even swooping across Gotham’s rooftops.


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Clinton coy about political future in joint interview with Obama






WASHINGTON (Reuters) – Outgoing U.S. Secretary of State Hillary Clinton sidestepped questions about whether she would run for president in 2016 in a CBS television interview done jointly with President Barack Obama, her rival in the 2008 race.


Clinton, 65, denied there were any political tea leaves to read in the unusual joint interview for the CBS show “60 Minutes,” and acknowledged that she still has “some lingering effects” from a recent concussion and blood clot that she said doctors expect to disappear over time.






“The president and I care deeply about what’s going to happen for our country in the future. And I don’t think, you know, either he or I can make predictions about what’s going to happen tomorrow, or the next year,” Clinton said, according to a transcript of the interview, which was taped at the White House on Friday and aired on Sunday.


Obama beat Clinton in a bitter Democratic primary campaign to run for president in 2008. He surprised many by choosing her as his secretary of state, a job she said she initially turned down.


Clinton traveled to a record 112 countries as secretary of state. She has said she wants to take a break from public life, but has not said she will retire.


Democratic Senator John Kerry, who unsuccessfully ran for president in 2004, is expected to be confirmed as Obama’s new secretary of state as early as this week.


After Obama heaped praise on Clinton’s diplomatic achievements, he chided the show’s host, Steve Kroft, who asked about “the date of expiration on this endorsement” of Clinton.


“You guys in the press are incorrigible. I was literally inaugurated four days ago. And you’re talking about elections four years from now,” Obama said.


‘LINGERING EFFECTS’ FROM FALL


Clinton has been in the public eye for 34 years, since her husband, former President Bill Clinton, was governor of Arkansas.


Her cautious answer about her future on Sunday was less definitive than one she gave in an ABC interview in December, when she said in reference to another bid for the presidency: “I’ve said I really don’t believe that that’s something I will do again.”


Many Democrats hope that Clinton will run in 2016. Vice President Joe Biden‘s name has also been frequently mentioned among Democrats. He has said he has not decided whether to run.


Clinton also addressed a recent health issue: a concussion and blood clot that sent her to the hospital.


“The doctors tell me that that will all recede. And so thankfully I’m, you know, looking forward to being at full speed,” she said.


She said she had since been wearing glasses instead of contact lenses because of “lingering effects” from the concussion “that are decreasing, and will disappear.”


Clinton returned from a European tour on December 7 suffering from a stomach virus. On December 15, the State Department announced she had become dehydrated, fainted and suffered a concussion.


During a check-up afterwards, she was diagnosed with the blood clot, hospitalized and treated with blood thinners.


(Additional reporting by Paul Eckert; Editing by David Brunnstrom)


TV News Headlines – Yahoo! News





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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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DealBook: Jefferies C.E.O. Earned $19 Million in 2012

3:48 p.m. | Updated

The head of the Jefferies Group was one of the better-paid chief executives on Wall Street in 2012, as the firm put a difficult period behind it.

Richard B. Handler, the chief executive of Jefferies, earned a total of $19 million for 2012, the firm said in a filing on Tuesday. That included a $5 million cash bonus and a $13 million long-term equity incentive award, on top of a $1 million base salary.

The board’s compensation committee was “unanimously impressed with our financial performance and Mr. Handler’s role in that performance,” Jefferies said in the filing. The board said that Mr. Handler was eligible for a bonus of $8.1 million but volunteered to take a smaller amount.

Jefferies reported a profit of $71.6 million in the fourth quarter, an increase of 48 percent from a year earlier. It was the final independent earnings report for the boutique investment bank, which is becoming part of the Leucadia National Corporation in a $3.6 billion deal. Mr. Handler is set to become Leucadia’s chief executive.

Jefferies said in the filing on Tuesday that Mr. Handler was also granted restricted stock worth $39 million to cover three future years: 2013, 2014 and 2015.

Mr. Handler’s pay package for 2012 was higher than that of Jamie Dimon, head of JPMorgan Chase. Mr. Dimon earned $11.5 million, compared with $23 million a year earlier.

Mr. Handler got a significant raise from 2011, when he earned $14 million. That year, he declined to accept a bonus after a period in which investors feared for the firm’s health.

But those fears, which emerged in the wake of MF Global‘s collapse, appear to have largely receded. The firm’s shares rose about 35 percent in 2012 and were virtually flat on Tuesday.

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