Investigation into Chiefs LB killing complete

KANSAS CITY, Mo. (AP) — Kansas City Chiefs linebacker Jovan Belcher apparently was worried he would lose his baby and money to his longtime girlfriend before fatally shooting her and killing himself, according to newly released police reports.
Belcher also complained about Kasandra Perkins, the mother of the couple's 3-month-old daughter, in conversations and text messages sent to a woman he was dating on the side, the reports show.
In one text message sent in late October or early November, Belcher wrote he "would shoot" Perkins "if she didn't leave him alone." The girlfriend told police that Belcher said "his child's mother threatened to take all his money and his child if they split up" and "knew exactly how to press his buttons and make him angry."
Belcher shot Perkins multiple times in their home on Dec. 1 and then drove to team headquarters, where he killed himself in front of his coach and general manager after telling them he "wasn't able to get enough help."
The Jackson County prosecutor's office reviewed the police reports, which first were obtained by The Kansas City Star, before closing the case Friday. It formally ruled the deaths of Belcher, 25, and Perkins, 22, a murder-suicide, prosecutor's office spokesman Mike Mansur said Tuesday.
The reports provide new details about the final days and hours leading to the tragedy.
The night before the killings, Belcher went to a club with the woman he was dating while Perkins attended a concert with her friends, the reports said. A friend of Perkins has told The Star that the couple argued around 1 a.m., about Perkins being out late, although it wasn't clear whether the argument happened in person or on the phone. The police report, which doesn't mention this dispute, said that after Belcher kissed his girlfriend and she went inside her apartment, he fell asleep in his car.
About two hours later, police roused Belcher after someone called 911 to report his idling Bentley as suspicious. The report said Belcher was legally parked and didn't smell of alcohol, but officers asked if he could stay inside the apartment for the night.
Belcher tried to call the girlfriend, but she didn't discover the missed calls until the next morning and didn't hear him at her door. Two women who were up late invited Belcher to wait inside their apartment after he explained his plight. They said Belcher "appeared to be intoxicated" but "seemed to be in good spirits . laughing, joking."
After taking him to a gas station to buy a sports drink, they gave him a pillow and blanket and he slept on the couch for a couple hours, leaving at 6:45 a.m. so he could make it to a team meeting planned for later that morning.
Upon arriving at the home he shared with Perkins, the couple began arguing over "one or both of them going out as in to a club or partying," said Belcher's mother, Cheryl Shepherd, who had moved in with them about two weeks earlier.
When Shepherd heard multiple gunshots, she ran to the bedroom and saw Belcher kneeling next to Perkins' body, saying he was sorry. After kissing Perkins, his baby daughter and his mother, Belcher drove to Arrowhead Stadium, breaking off his Bentley's rear-view mirror on the way, the police report said.
Chiefs general manager Scott Pioli saw Belcher holding a gun to his head and jumped out of his vehicle so he could find out what was happening.
"I've done a bad thing to my girlfriend already," Belcher told Pioli, according to the report, adding that he wanted to talk with Chiefs coach Romeo Crennel and defensive coordinator Gary Gibbs.
When Crennel arrived, Belcher said, "You know that I've been having some major problems at home and with my girlfriend. I need help! I wasn't able to get enough help. I appreciate everything you all have done for me with trying to help ... but it wasn't enough. I have hurt my girl already and I can't go back now."
Belcher asked that Pioli and team owner Clark Hunt take care of his daughter. The Chiefs staff pleaded with Belcher to put down his gun, but he only lowered it to load a round. "You're taking the easy way out!" Crennel told Belcher, according to the report.
As a police officer approached, Belcher knelt behind a vehicle, saying, "Guys, I have to do this. ... I got to go, can't be here and take care of my daughter." He made the sign of the cross on his chest and fired a bullet into his head, the report said.
Crennel said Belcher had blamed Perkins for missing a team meeting a few weeks earlier, saying he had to watch the baby after Perkins didn't come home the night before. Crennel said he thought the couple had "trust issues" and Perkins expected "a better life" with an NFL player.
Crennel said Belcher, whose base salary this season was more than $1.9 million, "didn't live outside his means." He said he thought Belcher was talking to an attorney about getting custody of his daughter.

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What It's Like to Be a Steelers Fan in Cleveland

The ratio of Browns fans to Pittsburgh Steelers fans in Cleveland has to be close. Retail stores in the area carry an even split of fan merchandise, and there always seems to be a black and gold bumper sticker, Steeler Pride flag, or Pittsburgh jersey-wearing fan in practically any Cleveland-area crowd. Although the Cincinnati Bengals are also considered rivals of the Browns, nothing really compares to the heated battles between Browns and Steelers fans.
It has been said that there is no such thing as a former Browns fan, and from what I have seen, there is also no such thing as a former Steelers fan. You either are, or you are not, regardless of where you are from, what city you live in, or what the people around you say.
Family Ties Play a Part
Due to the close proximity of the teams -- there are roughly 135 miles via turnpikes between the rival towns -- many fans have strong family connections with their team of choice. For example, Michelle Amoroso Lutz, cooking instructor, aka The Italian Mama Chef, grew up in Pittsburgh, so she simply assumed being a Steelers fan was a part of her heritage. "I thought the Steelers were all Italian, because my family is," Lutz said. "I know better now, but I guess since I would hear my grandpa, uncles, and dad all rooting for them and saying stuff in Italian, I thought it was part of being Italian."
Beyond the cultural connection, Lutz learned the game from her dad. "My dad was a huge fan, and we watched every game together. He taught me about football, and it was a bond we shared. I think I enjoyed the game more than my brothers!"
Dina Mott Harvey was born and raised in the Cleveland area, but has strong family roots in Pennsylvania. She proudly admits that she is a diehard Pittsburgh Steelers fan. Game day was a special time in her home. She recalls Sundays spent together eating a big meal and watching football. "My dad would talk about how back in the '60s, he and his buddies would take a bus up to Cleveland to watch them play Pittsburgh," Harvey shared. "And how the Steelers always lost!" She was quick to add, "Doesn't matter -- when you're a member of the Black and Gold, win or lose, you still love them."
Others chose sides at a young age like John Elias from Wadsworth, Ohio, who has been on the Steelers season ticket waiting list for 17 years and makes a point to attend at least two or three games at Heinz Field per season.
"I've been a die-hard Steelers fan my entire life," said Elias. "As a child, I started watching football in the 1970s. The Steelers were the best; I loved their black and gold uniform. The Steelers were the team of the decade, winning four Super Bowls."
Unlike a lot of kids, he was not swayed by his parents' choice. Elias said, "Because my parents weren't sports fans at the time, I wasn't influenced or brainwashed to like the Browns. I was free to root for any team." With that said, once he made his choice, his mom had a little say in the matter. Elias explained, "My mom always stressed that you should never be a fair-weather fan and you should stick with your team no matter what. I've been a loyal die-hard fan ever since."
Disappointing Dealings With Rival Fans
Unfortunately, Elias does not have a good history with rival fans. "I've seen and experienced extremely bad and classless behavior from Browns fans," he said. "I've had complete strangers come up to me at a store and tell me that the Steelers suck. So have my wife and children. Sad. They weren't joking, either; there was a lot of hate in these people."
In fact, Elias added, "I think they hate the Steelers more than they love the Browns!" Due to these encounters, he decided, "I will not go to Cleveland Stadium anymore for a Steeler/Browns game. I haven't been there since 1986."
But that does not stop Elias from showing Steeler Pride. "I wear my Steeler gear proudly everywhere -- even in Cleveland."
Since moving to Cleveland 18 years ago, Lutz has also encountered nasty fans, but she doesn't return the sentiment. "Some people have a deep hatred for the Steelers, which I don't get. I have never hated another team, especially those who are our rivals."
Harvey said, "I agree with John on some points. Some Browns fans (not all) just have no class when it comes to the rivalry." She then went on to share this story: "I took my dad to the game about five years ago in Cleveland. At the time, he was in his early '70s, proudly wearing his Rocky Bleier jersey I had bought him. There were several people who came up and made extremely derogatory comments to my father."
Raising the Next Generation of Fans
Lutz, Pittsburgh born and raised, lives in a divided household. "In my own home, we are split -- two root for Cleveland and two for Pittsburgh. I am saddened that we have lost a few games to the Browns over the years, but it's all in fun in my mind," she said.
Harvey also shares a roof with a rival fan. "I proudly wear my Steeler gear every Sunday," she said. "And now have my 3-year-old wearing hers, much to the dismay of my Browns fan husband!" She is confident that her little girl will make up her own mind when she gets older, and assured, "I have to tell you, I'm not worried."
The Elias family, though, is a one-team troop. After taking his 9-year-old daughter to her first Steelers game recently, Elias said, "She was amazed by all the people wearing black and gold. She loved it. We were with our own kind!"
After listening to the experiences of Steelers fans in Browns town, it is clear that we all ought to listen to the advice of Harvey: "Regardless of who you root for, show some class." And due to her disappointing experience at the Browns stadium with her dad, she added, "And at the very least, show respect for your elders."

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Penn State voted AP sports story of year again

NEW YORK (AP) — The Penn State child sex abuse scandal was selected as the sports story of the year by U.S. editors and news directors in an annual vote conducted by The Associated Press.
The news broke in November 2011, with a grand jury report outlining charges against Jerry Sandusky, and the outrage that followed led to the firing of Hall of Fame coach Joe Paterno. But the aftershocks were felt long into 2012: Sandusky was convicted in June of assaulting 10 boys, and the NCAA handed down brutal sanctions in July.
In both years, the scandal was picked as the top sports story, the first time since the AP began conducting its annual vote in 1990 that the same story was selected twice in a row. The results of this year's tally were announced Wednesday.
Even before the Sandusky trial, the State College community had absorbed another huge blow as Paterno died Jan. 22 at age 85 of lung cancer.
The year ended with a small step to normalcy — joy on the football field. Under new coach Bill O'Brien, the Nittany Lions won eight of their last 10 games to finish 8-4, capped by an overtime victory at home over Wisconsin.
There were 157 ballots submitted from U.S. news organizations. The voters were asked to rank the top 10 sports stories of the year, with the first-place story getting 10 points, the second-place story receiving nine points, and so on.
The Penn State saga received 1,420 points and 109 first-place votes. The No. 2 sports story, Lance Armstrong stripped of his seven Tour de France titles, had 10 first-place votes and 1,008 points.
Football's popularity, college and pro, was unmistakable with seven of the top 10 stories. But only two of them involved the action on the field.
Here are 2012's top 10 stories:
1. PENN STATE: Sandusky, the former defensive coordinator whose crimes led to such devastation for his victims and for his former employer, was found guilty on 45 of 48 counts. In October, the 68-year-old was sentenced to 30 to 60 years in prison. His conviction provided some closure, but a messy aftermath remained. Former FBI Director Louis Freeh released the results of his investigation July 12, saying Paterno and other top school officials covered up allegations against Sandusky. The NCAA used that report as a basis for its sanctions announced later that month, which included a $60 million fine, a four-year bowl ban and scholarship reductions.
2. LANCE ARMSTRONG: In February, federal prosecutors closed an investigation into whether the star cyclist doped. That turned out to be only a temporary reprieve for a once-revered figure. In June, the U.S. Anti-Doping Agency accused him of using performance-enhancing drugs, and in August, when he dropped his fight against the charges, USADA ordered his record seven Tour titles wiped out. A report released in October laid out vivid details of the evidence. The year ends with Armstrong dropped by many of the companies he endorsed and no longer formally involved with the cancer charity he founded, Livestrong.
3. NFL BOUNTIES: This much is clear: Saints coach Sean Payton was suspended for the entire season and New Orleans started 0-4 to quickly fall out of playoff contention. Much else about the bounty scandal remains in dispute. Players deny the NFL's assertions of a pay-for-injury program. On Dec. 11, former Commissioner Paul Tagliabue overturned his successor's suspensions of four players but endorsed the findings of the investigation under Roger Goodell.
4. FOOTBALL CONCUSSIONS: The deaths of NFL greats Alex Karras — who suffered from dementia — and Junior Seau — who committed suicide — were grim reminders of the angst over head injuries in the sport and their possible consequences. Thousands of retired players have sued the league, alleging the NFL failed to protect them from the dangers of concussions.
5. LONDON OLYMPICS: Michael Phelps retired from swimming after setting an Olympic record with his 22nd medal at a Summer Games bursting with memorable performances. Usain Bolt became the first man to successfully defend both the 100- and 200-meter dash titles. And the host country racked up 65 medals in an Olympics so successful for Britain that it barely even rained.
6. COLLEGE FOOTBALL PLAYOFFS: Instead of complaining about the BCS, soon we can moan about the selection committee. After years of carping, fans finally got a playoff system, which will debut after the 2014 season. The four-team bracket will feature semifinals and a title game to determine a national champion.
7. REPLACEMENT OFFICIALS: Fans and pundits predicted a blown call would decide a critical game when the NFL started the season with replacement officials. Sure enough, in Week 3, on the national stage of "Monday Night Football," a missed offensive pass interference penalty and a questionable touchdown catch handed the Seattle Seahawks a win over the Green Bay Packers. Two days later, the league resolved its labor dispute with the regular refs.
8. SUPER GIANTS: A team that had been 7-7 upset the top-seeded Green Bay Packers on the road in the playoffs, needed overtime to beat the San Francisco 49ers in the NFC title game, then came from behind to defeat the New England Patriots in the Super Bowl, 21-17, an outcome strangely similar to their matchup four years earlier. Eli Manning won his second Super Bowl MVP award.
9. SUMMITT RETIRES: Pat Summitt, the winningest coach in NCAA basketball history, retired from the Tennessee bench in April at age 59, less than eight months after revealing she had early-onset dementia. Longtime assistant Holly Warlick took over the Lady Vols. Summitt was 1,098-208 with eight national titles in 38 seasons.
10. MANNING'S RESURGENCE: Peyton Manning was released from the Indianapolis Colts in March after missing last season because of neck surgery, the future uncertain for the four-time MVP. John Elway and the Broncos gambled that he still had some championship play left in that right arm, and so far it's looking like a brilliant move as Denver won the AFC West.

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Notre Dame's Kelly wins AP coach of the year

SOUTH BEND, Ind. (AP) — After two seasons as Notre Dame coach, Brian Kelly decided he wasn't spending enough time doing the best part of his job: coaching players.
Kelly changed that in 2012, and he shuffled his staff. Then, with Kelly more in tune to his team and the assistants in sync with the head coach, Notre Dame went from unranked to top-ranked.
For leading the Fighting Irish to the BCS championship for the first time, Kelly was voted Associated Press college football coach of the year.
"When you're talking about the coach of the year, there's so many things that go into it," Kelly said. "I know it's an individual award and it goes to one guy, but the feelings that I get from it is you're building the right staff, that you've got the right players and to me that is a validation of the program. That you put together the right business plan."
Kelly received 25 votes from the AP college football poll panel. Penn State's Bill O'Brien was second with 14 votes. Stanford's David Shaw (four), Texas A&M's Kevin Sumlin (three), Kansas State's Bill Snyder (two) and Alabama's Nick Saban (one) also received votes.
Kelly is the first Notre Dame coach to win the AP award, which started in 1998.
Of course, the Irish haven't played for a national championship since 1988 and spent much of the past two decades trying to find a coach who could restore a program that was becoming a relic of its proud past.
It turns out Kelly was the answer.
He arrived in 2010 after two decades spent climbing the coaching ladder and winning big everywhere he worked. But in the world of college football, Notre Dame is a long way from Grand Valley State — where Kelly won Division II national titles — and Cincinnati, his previous stop, for that matter.
"I think the job tends to distract you," Kelly said earlier this week. "There are a lot of things that pull you away from the primary reason why you want to be head coach of Notre Dame, and that is graduate your players and play for a national championship.
"Now, to do that you have to have the pulse of your football team and you've got to have relationships with your players. If you're already going around the country doing other things other than working with your football team, it's hard to have the pulse of your team."
Kelly said he made a point of spending more time with the team this year.
"That's why I got into this. I want to develop 18 to 21 year olds. My development as the head coach at Notre Dame this year has been about getting back to why you would want to coach college players. You want to learn about them; you want to know their strengths and weaknesses; you want to help them with leadership skills; you want to help them when they're not feeling confident in their ability.
"For me, that is why it's been the most enjoyable year as the head coach at Notre Dame, is that I got a chance to spend more time with my team."
The first step, though, toward a successful 2012 season for Notre Dame can be traced to Feb. 10. On that day Kelly announced his coaching staff. The most notable change was moving Chuck Martin from defensive backs coach to offensive coordinator to fill the hole left when Charley Molnar became the coach of Massachusetts.
Martin was defensive coordinator for Kelly at Grand Valley State, then replaced his boss as head coach of the Division II power when Kelly was hired by Central Michigan after the 2003 season.
The move might have seemed odd to some, but Kelly, who built his reputation on offensive acumen, wanted a right-hand man who understood exactly what he wanted.
To replace Martin on the defensive side, Bob Elliot was hired from Iowa State to coach safeties. Harry Hiestand was hired away from Tennessee to replace offensive line coach Ed Warinner, and co-defensive coordinator Bob Diaco, who had been with Kelly at Central Michigan and Cincinnati, was promoted to assistant head coach.
"The voice of your coordinators has got to be in lock step with the head coach," Kelly said. "Now both of these guys have been with me a long time.
"Chuck Martin on offense, I wanted a voice that went back with me to Grand Valley State. And with Bob Diaco someone that goes back to Central Michigan with me. So yeah, it was important to get that voice right."
The last change Kelly needed to make involved Xs and Os. Kelly wanted to win now, but with a first-year starter and redshirt freshmen at quarterback. He had to adjust his style.
Out went the push-the-pace offense that had helped him reach two BCS games at Cincinnati. In came a more deliberate approach.
"We conduct the game differently," Martin said. "We set out how we thought this team could win with the personnel we had and with the young quarterback. Most people say 'OK, you're going to play the young guy, you're playing for the future.' We just went 12-0 with the young guy and he got yanked four times.
"The rest of the world wants 12-0 with no warts. We have plenty of warts. Somehow we're 12-0. Just goes to show the job (Kelly) did that we made it work week in and week out with what we have."
Kelly's ability and willingness to adapt have been his greatest strengths.
"He made some of his biggest changes ever in the last year. Going away from some things that really were his bread and butter, and 12-0 later, the guy did it again," Martin said.
"He saw what Notre Dame football needed in 2012 and he got to know this university."

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Kicking Coach Eric Fritz Has Been Selected to Coach at the National Camp Series (NCS) Super Camp VII Being Held February 16-17, 2013, in Orlando, FL, According to NCS Founder Michael Husted

Florida Kicking Coach Eric Fritz, owner of RealKickers, has been selected to coach at the National Camp Series (NCS) Super Camp VII being held February 16-17, 2013, in Orlando, FL, according to NCS founder kicking coach Michael Husted.

San Diego, CA (PRWEB) December 19, 2012
Florida Kicking Coach Eric Fritz, owner of RealKickers, has been selected to coach at the National Camp Series (NCS) Super Camp VII being held February 16-17, 2013, in Orlando, FL, which will feature some of the country’s best high school kickers, punters and snappers.
The NCS Super Camp, which is one of the premiere kicking camps in the country, is a two day high school kicking camp for kickers, punters, and long snappers seeking high level kicking instruction and the knowledge to play at the college level.
Fritz, who is a new NCS Kicking Coach Associate, says he values the the opportunity to be an associated with NCS.
"I was asked just the other day what I value most about being an NCS Associate,” says Fritz. “Being an NCS Associate is a big responsibility. Parents, players and coaches put their trust in me to help develop and foster successful outcomes. I value the opportunity to help student athletes set goals and realize their dreams by helping them reach the next level of life. When I help student athletes hone skills on and off the playing field, I know deep down we are working on skills that will bring lifelong success.”
Fritz says he is looking forward to coaching at the NCS Super Camp VII.
"I am so ready for Super Camp VII so that I can learn with an empty cup. There are so many people to see and new people to meet. As iron sharpens iron we will all become stronger at Super Camp VII."
Michael Husted, who founded NCS after kicking in the NFL for 9 years, and who is now a kicking coach in San Diego, CA, says Super VII is about great coaches, great instructions and great evaluations . He says he is looking forward to having Fritz coaching at Super Camp VII.
"All of our NCS coaches are eager to get down to Orlando in February to help teach as well as evaluate the top kickers, punters and long snappers from all across the country and outside the US,” says Husted. "This is the only camp where high school specialists will have a chance to work with some of the best kicking coaches in the world."
"The quality of instructors for our Super Camp is outstanding and continues to grow every year,” says Husted. “The NCS Network is committed to helping young athletes learn proper technique as well as to help them navigate through the recruiting process so that they can leverage their sport to get a college education.”
Husted says that by utilizing its Kicking IndeX (KIX) Player Rating System, NCS provides an objective evaluation platform for student-athletes who want to showcase their capabilities to colleges and universities for recruiting purposes.
By sorting through over six years of historical event data, the KIX system determines a kicker’s rankings by cross-referencing player data to determine how the athletes stack up against others, both presently and historically.
"The NCS levels the playing field for those who don't want to get caught up in all of the 'politics' that occurs in the kicking industry,” says Husted. “If you can kick, punt or snap, the NCS KIX system will let a young kicking specialist’s skills speak for themselves. No excuses. No explanations."
Go here for more about Super Camp VII.
Go here for more about Eric Fritz and RealKickers.
Go here for more about kicking coach Michael Husted.

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Governor names team to review Detroit finances

DETROIT (AP) — Michigan Gov. Rick Snyder appointed six people Tuesday to conduct a 60-day review of Detroit's municipal finances and decide if the state should put an emergency manager in charge of the city's checkbook, the state Treasury Department says.

Department spokesman Terry Stanton said the team includes Treasurer Andy Dillon, who determined last week that Detroit's budget was off track and headed toward a crash.

The city now is operating under a consent agreement between Mayor Dave Bing and the Snyder administration designed to head off the appointment of an emergency financial manager.

"My administration has worked, and will continue to work in collaboration, with Mayor Bing and city officials to ensure a revitalized and successful Detroit," the Republican governor said in a statement. "However, given the financial crisis that continues to grip the City of Detroit, we must move quickly to ensure city residents have continued access to essential services they expect and deserve."

Bing said Tuesday's announcement was "no surprise."

"The state had indicated last week that it planned to appoint a financial review team," the Democratic mayor said Tuesday night. "My administration will continue to focus on my restructuring plan, in cooperation with the City Council, to hopefully eliminate the need for an emergency financial manager."

Bing has said he will lay off 400 to 500 city employees in the new year, roughly 5 percent of the workforce.

Detroit is billions of dollars in debt and has a budget deficit topping $200 million. It's been meeting payroll and paying bills from millions of dollars in bond money from a state-controlled escrow account.

The review team will operate under a 1990 state emergency manager law and must report its findings to the governor within 60 days. The governor also can ask for a quicker report or can extend the deadline by 30 days. The team is to reach a finding on whether a serious financial problem exists and, if so, whether "a satisfactory plan exists to resolve the problem," Stanton said. A new emergency manager law that the Legislature passed last week doesn't take effect until March.

Besides Dillon, the review team includes state Auditor General Thomas McTavish; Ken Whippel, board chairman of Korn/Ferry International; Darrell Burks, a senior partner with PricewaterhouseCoopers; Ronald Goldsberry of Deloitte Consulting; and Frederick Headen, a legal adviser for the state Treasury Department.

Tuesday's appointments follow Dillon's announcement Friday that his preliminary financial review determined Detroit was not on target to fulfill promises to the state that allowed the city to avoid having an emergency manager.

Detroit has been experiencing a fiscal meltdown for years.

"We strongly feel that the review team will not find anything different in the city's financial condition from what we had previously revealed to the state," Bing said.

An estimate in August projected a cash deficit of $62 million for the city by June 30, 2013. But an October estimate placed the projected deficit at $84 million, while November's had it at $122 million.

The cities of Benton Harbor, Pontiac, Flint, Ecorse and Allen Park currently are under emergency managers, as are the Muskegon Heights, Highland Park and Detroit public school districts.

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Justice reaches settlement with Penguin on e-books

WASHINGTON (AP) — The Justice Department announced Tuesday it has reached a settlement with Penguin Group (USA) Inc. in its lawsuit accusing the nation's largest book publishers of colluding with Apple Inc. to raise e-book prices on customers.

The settlement, if approved by a federal judge, leaves Apple and Holtzbrinck Publishers LLC, which does business as Macmillan, as the only defendants standing against the federal government's charges that Apple, the multimedia and computer giant, conspired with several publishers in the fall of 2009 to force e-book prices several dollars above the $9.99 charged by Amazon.com on its popular Kindle device.

The Justice Department, which sued in April, settled with Hachette Book Group, Inc., HarperCollins Publishers LLC and Simon & Schuster Inc. earlier this year. The trial is scheduled to begin in June.

"The proposed settlement with Penguin will be an important step toward undoing the harm caused by the publishers' anticompetitive conduct and restoring retail price competition so consumers can pay lower prices for Penguin's e-books," said Jamillia Ferris, chief of staff and counsel at the Justice Department's antitrust division.

Apple Inc. has said the government's accusation that it conspired with major book publishers to raise the price of e-books is untrue.

The proposed settlement was filed in federal court in New York.

The settlement had been expected by some industry observers as a means to simplify Penguin's impending merger with Random House, which is not a defendant in the case. That deal would create the world's largest publisher of consumer books.

Under the settlement, Penguin "will be prohibited for two years from entering into new agreements that constrain retailers' ability to offer discounts or other promotions to consumers to encourage the sale of the Penguin's e-books," and must submit to "a strong antitrust compliance program" that includes telling federal officials about any joint e-book ventures or any communications with other publishers, Justice Department officials said.

The Justice Department's lawsuit stems from agreements reached between major publishers and Apple in 2010 that allowed publishers to set their own prices for e-books, an effort to counter Amazon's deep discounts of best sellers. The department and 15 states said Apple and the publishers cost consumers more than $100 million in the past two years by adding $2 or $3, sometimes as much as $5, to the price of each e-book.

E-books are believed to comprise around 25-30 percent of total book sales.

Penguin Books is scheduled to merge with Random House, which is owned by German media company Bertelsmann. The resulting combination will have around a quarter of the market for consumer books. "Should the proposed joint venture proceed to consummation, the terms of Penguin's settlement will apply to it," the department said.

Last week, the European Union's competition watchdog accepted proposals by four publishers and Apple to end agreements that set retail prices for e-books — a practice the EU feared violated competition rules. The agreement was legally binding on Hachette Livre; Harper Collins; Simon & Schuster; and Verlagsgruppe Georg von Holtzbrinck, which owns Macmillan. That deal was also binding on Penguin.

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Stocks gain on optimism that a budget deal is near

NEW YORK (AP) — Stocks climbed on Wall Street Tuesday, pushing the Standard and Poor's 500 to its highest level in two months, on optimism that lawmakers are closing in on a budget deal that will stop the U.S. from going over the "fiscal cliff" at the beginning of next year.

The Dow Jones industrial average rose 115.57 points to 13,350.96, its biggest one-day gain in almost a month. The Standard & Poor's 500 rose 16.43 points to 1,446.79, its highest close since Oct. 18. The Nasdaq composite rose 43.93 points to 3,054.53.

House Speaker John Boehner told reporters he remains hopeful that a fiscal cliff compromise can be reached, but says President Barack Obama has yet to offer a balanced deficit-cutting plan. Boehner said Obama's latest offer for $1.3 trillion in tax increases over the next decade with $850 billion in spending cuts is not enough. The White House says that President Obama has moved halfway to meet Boehner on a budget deal.

"People are cheering the prospect for some compromise in Washington right now," said Joe Costigan, director of equity research at Bryn Mawr Trust Co. "At the moment there is some pretty good news and the market is reacting favorably to it, but the deal isn't done yet."

Stocks slumped after the presidential election Nov. 6 on concern that a divided government would struggle to reach an agreement before Jan. 1, when a series of series of tax increases and government spending cuts are scheduled to take effect if no deal is reached. Those measures could push the U.S. back into recession. The S&P 500 has since recouped all of those losses.

Some investors say stocks are already pricing in too much optimism. Any deal, while ensuring that the economy avoids the full impact of the "fiscal cliff," will still involve higher taxes and less government spending. That will be a drag on economic growth, said David Wright, a managing director and co-founder at Sierra Investment Management in Santa Monica, Calif.

"There are just too many naive people thinking that the agreement itself is a significant event — it isn't," Wright said. "The implementation is going to be negative for the economy."

Stocks added to their gains after the Standard & Poor's rating agency said at midday that it had raised Greece's credit grade by six notches to B-, lifting the country out of default. The threat of a Greek default had roiled markets in the first half of this year. Investors worried that the heavily indebted nation would leave the euro, opening the way for a break-up of the currency block. The ratings firm said the upgrade reflected its view that the other 16 countries using the euro are determined to keep the Greece inside the currency union.

The Dow Jones is up 2.5 percent in December and is on track to close higher for a fourth straight year. The index has advanced 9 percent in 2012. The S&P 500 is also up for the year, gaining 15 percent.

Allstate Corp. gained 56 cents, or 1.4 percent, to $41.35 after the company's board of directors approved a plan to buy back up to $1 billion of the insurer's shares by the end of the year.

Eli Lilly also advanced after saying it would buy back its own stock. The drugmaker rose $1.18, or 2.4 percent, to $49.52 after saying that its board had approved a $1.5 billion share buyback.

Apple gained $15.07, or 2.9 percent, to $533.90. Samsung Electronics Co. said it had withdrawn its requests to have sales of certain Apple products banned in Europe, though the company is still suing Apple over the use of certain technology licenses.

Apple has rebounded in the last two days. It closed at its lowest in 10 months Dec. 14 as investors worried that intensifying competition in the smartphone market would erode Apple's profit margins.

The yield on the 10-year Treasury note climbed 5 basis points to 1.82 percent. The yield on the note has risen 20 basis points since the start of December.

Among stocks making big moves today;

— Arbitron, a provider of radio ratings, surged $8.99, or 24 percent, to $47.03 after TV ratings company Nielsen said it would buy it for about $1.26 billion.

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Cliff talks hit a lull with Boehner's 'Plan B'

WASHINGTON (AP) — Just two weeks from an economy-threatening deadline, fiscal cliff talks hit a lull Tuesday as House Speaker John Boehner announced that Republicans would also march ahead with their own tax plan on a separate track from the one he's been pursuing with President Barack Obama.

The White House and leading congressional Democrats immediately rejected Boehner's "Plan B," which would extend soon-to-expire Bush-era tax cuts for everyone making less than $1 million but would not address huge across-the-board spending cuts that are set to strike the Pentagon and domestic programs next year.

"Everyone should understand Boehner's proposal will not pass the Senate," said Senate Majority Leader Harry Reid, D-Nev.

Boehner's surprise move came after significant progress over the past several days in talks with Obama — talks that produced movement on tax rate hikes that have proven deeply unsettling to GOP conservatives and on cuts to Social Security benefits that have incensed liberal Democrats.

Just Monday, Obama offered concessions, including a plan to raise top tax rates on households earning more than $400,000 instead of the $250,000 threshold he had campaigned on. And the two sides had inched closer on the total amount of tax revenue required to seal the agreement. Obama now would settle for $1.2 trillion over the coming decade while Boehner is offering $1 trillion.

By contrast, protecting income below $1 million from a hike in the top tax rate from 35 percent to 39.6 percent would raise only $269 billion over the coming decade.

But the outlines of a possible Obama-Boehner agreement appeared to have shaky support at best from Boehner's leadership team and outright opposition from key Republicans like vice presidential nominee Paul Ryan, R-Wis., a House GOP aide said. That aide spoke only on condition of anonymity because the aide was not authorized to discuss the situation publicly.

Though Obama spokesman Jay Carney had nothing good to say about Boehner's new option, he said, "The president is willing to continue to work with Republicans" toward a broader agreement.

The narrower Plan B faced plenty of opposition. Democrats announced they would oppose it, and many conservative Republicans continued to resist any vote that might be interpreted as raising taxes. Republicans were refining the measure Tuesday in hopes of building support among the GOP rank and file, but passing the measure exclusively with GOP votes could prove difficult.

"I think it's a terrible idea," said Rep. Raul Labrador, R-Idaho. "For a lot of reasons."

Republicans noted that top Democrats like Minority Leader Nancy Pelosi of California and Sen. Charles Schumer of New York have in the recent past supported the million-dollar threshold for rates hikes. "We've had an election on the President's tax plan, the President won, and Republicans can't turn the clock back," said Schumer spokesman Brian Fallon.

Boehner's back-up plan would extend current income tax rates except for income exceeding $1 million, set a 20 percent tax rate on capital gains and dividend income for income over $1 million instead of 15 percent now, and retain current rules regarding the estate tax instead of tighter parameters sought by Obama.

It would also prevent an expansion of the alternative minimum tax that would otherwise hit 28 million middle- and upper-class Americans with an average $3,700 increase on their 2012 tax returns.

Several rank-and-file House Republicans said the message they heard at an evening caucus was that passing plan B would strengthen Boehner's hand in negotiating steeper spending cuts with Obama.

If the Senate decides not to vote on the House bill or ignores it, "That's not our problem," said Rep. Patrick Tiberi, R-Ohio. "The ball's in Harry Reid's court."

Democrats said Boehner's move made it clear he was abandoning efforts to reach an agreement with Obama — much as he quit talks with Obama 18 months ago.

"Plan B is yet another example of House Republicans walking away from negotiations," said Rep. Chris Van Hollen, D-Md., top Democrat on the Budget Committee.

At the White House, officials remained cautiously optimistic that the talks could get back on track despite Boehner's maneuvering.

Boehner, however, said Obama is the one proving to be too inflexible, even as he held out hope that talks with Obama might yet bear fruit.

"He talked about a 'balanced' approach on the campaign trail," Boehner said. "What the White House offered yesterday — $1.3 trillion in revenue for only $850 billion in spending cuts — cannot be considered balanced."

Boehner also displayed new flexibility on the politically explosive issue of raising the Medicare retirement age from 65 to 67. Boehner said the idea — anathema to Democrats — didn't need to be dealt with this year but could be kicked over into a broader negotiation next year.

"That issue has been on the table, off the table, back on the table," Boehner said. "I don't believe it's an issue that has to be dealt with between now and the end of the year."

Just Monday, the Capitol bristled with optimism that Boehner and Obama might strike a bargain.

In a new offer, Obama dropped his long-held insistence that taxes rise on individuals earning more than $200,000 and families making more than $250,000. He is now offering a new threshold of $400,000 and lowering his 10-year tax revenue goals from the $1.6 trillion he originally sought.

The new Obama plan seeks $1.2 trillion in revenue over 10 years and $1.2 trillion in 10-year spending reductions. Boehner aides say the revenue is closer to $1.3 trillion if revenue triggered by a new inflation index is counted, and they say the spending reductions are closer to $930 billion if one discounts about $290 billion in lower estimated debt interest.

The two sides also differ on the estate tax, extending unemployment benefits and how to address the need to raise the government's borrowing cap to prevent a first-ever U.S. default and a re-run of last year's debt crisis.

The White House was facing its own backlash, with labor, liberal and elderly advocacy groups mounting an organized campaign against any adjustments in cost-of-living for Social Security beneficiaries.

"President Obama and other Democrats campaigned saying Social Security doesn't affect the deficit," said Roger Hickey, co-director of the liberal Campaign for America's Future. "Social Security recipients are going to notice and they are either going to blame John Boehner or President Obama."

The change would reduce annual cost-of-living increases for beneficiaries of Social Security and other government programs. It also would push more people into higher tax brackets by making smaller annual adjustments to brackets.

The administration appeared confident that most Democrats would reluctantly vote for the idea in an attractive enough budget package, particularly one that has the backing of Obama.

"I think many of us still have faith that the president will ultimately, if he strikes a deal with the Republicans, give us a plan that we can vote on that provides that fairness and balance," said Rep. Xavier Becerra, D-Calif.

White House spokesman Carney described the inclusion of the inflation adjustment as "a technical change" that was "not directed at one particular program." He also said that if instituted, the administration would ensure that the most vulnerable beneficiaries would not be affected.

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Investors turn against gun makers after massacre

MINNEAPOLIS (AP) — Investors shunned some of the nation's largest gun makers Tuesday, putting up for sale the manufacturer of the Bushmaster semiautomatic rifle used in the Connecticut school shooting and worrying that the attack could soon bring stricter gun laws.

Stocks of other gun companies fell, and one sporting-goods chain said it would temporarily stop sales of military-style firearms. In Washington, some former opponents of gun control signaled that they may change their position, potentially giving stricter gun laws their best chance of passage in years.

The most notable rejection of the gun industry came when the private-equity firm Cerberus Capital Management announced it would sell the maker of the rifle used in the massacre, which it called a "watershed event."

The shooting "raised the national debate on gun control to an unprecedented level," Cerberus said in a news release. "We are investors, not statesmen or policy makers."

In an acknowledgment of the changing political climate, the National Rifle Association promised "to offer meaningful contributions to help make sure this never happens again." It scheduled a Friday news conference.

Bushmaster, Remington and DPMS are among the brands made by Freedom Group Inc., the largest firearms maker in the U.S.

The Madison, N.C., company sold 1.1 million rifles and shotguns last year, along with 2 billion rounds of ammunition. Its customers include law enforcement and military agencies, as well as retailers who serve hunters and gun enthusiasts.

Cerberus, a large private-equity firm best known for investing in Chrysler and other troubled corporations, appeared to have been under pressure from two sources: investors and the threat of more gun control.

Officials at California's huge teacher pension fund said they were reviewing a $600 million investment in Cerberus in light of the Connecticut shooting. Through its stake in Cerberus, the California State Teachers' Retirement System owns a 2.4 percent stake in Freedom Group.

Pension fund spokesman Michael Sicilia confirmed the fund owns about $4 million in shares of Sturm Ruger & Co. and $1.7 million in Smith and Wesson.

Cerberus filed papers in 2009 to take Freedom Group public, but it withdrew the bid in 2011 without saying why. A Cerberus spokesman declined to comment Tuesday beyond the company's statement.

Freedom Group has lost money in four of the last five years, according to financial filings on its website. Revenue in 2011 was $775 million, down from $848.7 million in 2009. Slightly more than half of its 2011 revenue came from guns, much of the rest from ammunition.

The assault weapons ban that expired in 2004 restricted the sale of some types of guns like those made by Bushmaster. The adoption of a similar law "could have a material adverse effect on our business," Freedom Group said in a statement.

In 2010, Freedom Group said it would close its Bushmaster plant in Windham, Maine, and shift the work to a plant in Ilion, N.Y. At the time, New York Sen. Charles Schumer praised the move as a way to strengthen Remington's ability to compete for Defense Department gun contracts.

Firms like Cerberus are basically privately run pools of money that invest in companies on behalf of pension funds. On Tuesday, the fund attempted to distance itself from the national debate.

"It is not our role to take positions, or attempt to shape or influence the gun control policy debate," the firm said. "That is the job of our federal and state legislators."

Meanwhile, Dick's Sporting Goods Inc. suspended sales of all "modern sporting rifles," the industry term for military-style guns. The company also removed all guns from display at its store closest to Newtown.

Dick's has not promoted military-style guns as much as some other retailers. Its circular distributed in newspapers on Sunday had a full page of hunting rifles, but no military-style ones.

By contrast, St. Paul-based retailer Gander Mountain featured in its own flier the Black Rain Ordnance PG9, a military-style semiautomatic rifle, for $2,000. Other military-style guns were also advertised, including several from Bushmaster. Such ads are generally printed well in advance and would have been prepared before Friday's shooting.

A Gander Mountain spokesman declined to comment on whether it would change its gun lineup.

Wal-Mart Stores Inc., which offers Bushmaster rifles in some stores, said it would not change the guns it sells, but company spokesman David Tovar said the web listing for the Bushmaster "was taken down in light of the tragic events."

All the talk about additional gun control appeared to be driving increased gun sales, though. The Colorado Bureau of Investigation said it received a record 4,154 requests for background checks on Saturday, the day after the shooting.

That was slightly more than on its normal biggest day, Black Friday.

Bob Irwin, CEO of The Gun Store in Las Vegas, said customer traffic has jumped since the school shooting, with many customers concerned that more gun laws will be enacted. He has not pulled any guns from the shelf.

"My belief is the individual nutcase did this," he said. "The company that manufactured the gun didn't. That seems silly to deprive my normal customers of product because somebody misused a product from the same company."

Irwin agreed that the Connecticut attack demanded some kind of action. He suggested adding more security officers at schools.

Shares in publicly traded gun makers declined for a third-straight day.

Shares of Sturm, Ruger & Co. dropped 7.7 percent to close at $40.60. They have fallen almost 11 percent since Thursday, the day before the shooting. Shares of Smith & Wesson Holding Corp. fell 10 percent to $7.79 — down almost 15 percent from their Thursday close.

Outdoor goods retailer Cabela's Inc. fell almost 6 percent to close at $38.77.

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