AP IMPACT: Steroids loom in major-college football


WASHINGTON (AP) — With steroids easy to buy, testing weak and punishments inconsistent, college football players are packing on significant weight — 30 pounds or more in a single year, sometimes — without drawing much attention from their schools or the NCAA in a sport that earns tens of billions of dollars for teams.


Rules vary so widely that, on any given game day, a team with a strict no-steroid policy can face a team whose players have repeatedly tested positive.


An investigation by The Associated Press — based on dozens of interviews with players, testers, dealers and experts and an analysis of weight records for more than 61,000 players — revealed that while those running the multibillion-dollar sport believe the problem is under control, that is hardly the case.


The sport's near-zero rate of positive steroids tests isn't an accurate gauge among college athletes. Random tests provide weak deterrence and, by design, fail to catch every player using steroids. Colleges also are reluctant to spend money on expensive steroid testing when cheaper ones for drugs like marijuana allow them to say they're doing everything they can to keep drugs out of football.


"It's nothing like what's going on in reality," said Don Catlin, an anti-doping pioneer who spent years conducting the NCAA's laboratory tests at UCLA. He became so frustrated with the college system that it drove him in part to leave the testing industry to focus on anti-doping research.


Catlin said the collegiate system, in which players often are notified days before a test and many schools don't even test for steroids, is designed to not catch dopers. That artificially reduces the numbers of positive tests and keeps schools safe from embarrassing drug scandals.


While other major sports have been beset by revelations of steroid use, college football has operated with barely a whiff of scandal. Between 1996 and 2010 — the era of Barry Bonds, Mark McGwire, Marion Jones and Lance Armstrong — the failure rate for NCAA steroid tests fell even closer to zero from an already low rate of less than 1 percent.


The AP's investigation, drawing upon more than a decade of official rosters from all 120 Football Bowl Subdivision teams, found thousands of players quickly putting on significant weight, even more than their fellow players. The information compiled by the AP included players who appeared for multiple years on the same teams, making it the most comprehensive data available.


For decades, scientific studies have shown that anabolic steroid use leads to an increase in body weight. Weight gain alone doesn't prove steroid use, but very rapid weight gain is one factor that would be deemed suspicious, said Kathy Turpin, senior director of sport drug testing for the National Center for Drug Free Sport, which conducts tests for the NCAA and more than 300 schools.


Yet the NCAA has never studied weight gain or considered it in regard to its steroid testing policies, said Mary Wilfert, the NCAA's associate director of health and safety. She would not speculate on the cause of such rapid weight gain.


The NCAA attributes the decline in positive tests to its year-round drug testing program, combined with anti-drug education and testing conducted by schools.


"The effort has been increasing, and we believe it has driven down use," Wilfert said.


Big gains, data show


The AP's analysis found that, regardless of school, conference and won-loss record, many players gained weight at exceptional rates compared with their fellow athletes and while accounting for their heights. The documented weight gains could not be explained by the amount of money schools spent on weight rooms, trainers and other football expenses.


Adding more than 20 or 25 pounds of lean muscle in a year is nearly impossible through diet and exercise alone, said Dan Benardot, director of the Laboratory for Elite Athlete Performance at Georgia State University.


The AP's analysis corrected for the fact that players in different positions have different body types, so speedy wide receivers weren't compared to bulkier offensive tackles. It could not assess each player's physical makeup, such as how much weight gain was muscle versus fat, one indicator of steroid use. In the most extreme case in the AP analysis, the probability that a player put on so much weight compared with other players was so rare that the odds statistically were roughly the same as an NFL quarterback throwing 12 passing touchdowns or an NFL running back rushing for 600 yards in one game.


In nearly all the rarest cases of weight gain in the AP study, players were offensive or defensive linemen, hulking giants who tower above 6-foot-3 and weigh 300 pounds or more. Four of those players interviewed by the AP said that they never used steroids and gained weight through dramatic increases in eating, up to six meals a day. Two said they were aware of other players using steroids.


"I just ate. I ate 5-6 times a day," said Clint Oldenburg, who played for Colorado State starting in 2002 and for five years in the NFL. Oldenburg's weight increased over four years from 212 to 290, including a one-year gain of 53 pounds, which he attributed to diet and two hours of weight lifting daily. "It wasn't as difficult as you think. I just ate anything."


Oldenburg told the AP he was surprised at the scope of steroid use in college football, even in Colorado State's locker room. "College performance enhancers were more prevalent than I thought," he said. "There were a lot of guys even on my team that were using." He declined to identify any of them.


The AP found more than 4,700 players — or about 7 percent of all players — who gained more than 20 pounds overall in a single year. It was common for the athletes to gain 10, 15 and up to 20 pounds in their first year under a rigorous regimen of weightlifting and diet. Others gained 25, 35 and 40 pounds in a season. In roughly 100 cases, players packed on as much 80 pounds in a single year.


In at least 11 instances, players that AP identified as packing on significant weight in college went on to fail NFL drug tests. But pro football's confidentiality rules make it impossible to know for certain which drugs were used and how many others failed tests that never became public.


What is bubbling under the surface in college football, which helps elite athletes gain unusual amounts of weight? Without access to detailed information about each player's body composition, drug testing and workout regimen, which schools do not release, it's impossible to say with certainty what's behind the trend. But Catlin has little doubt: It is steroids.


"It's not brain surgery to figure out what's going on," he said. "To me, it's very clear."


Football's most infamous steroid user was Lyle Alzado, who became a star NFL defensive end in the 1970s and '80s before he admitted to juicing his entire career. He started in college, where the 190-pound freshman gained 40 pounds in one year. It was a 21 percent jump in body mass, a tremendous gain that far exceeded what researchers have seen in controlled, short-term studies of steroid use by athletes. Alzado died of brain cancer in 1992.


The AP found more than 130 big-time college football players who showed comparable one-year gains in the past decade. Students posted such extraordinary weight gains across the country, in every conference, in nearly every school. Many of them eclipsed Alzado and gained 25, 35, even 40 percent of their body mass.


Even though testers consider rapid weight gain suspicious, in practice it doesn't result in testing. Ben Lamaak, who arrived at Iowa State in 2006, said he weighed 225 pounds in high school and 262 pounds in the summer of his freshman year on the Cyclones football team. A year later, official rosters showed the former basketball player from Cedar Rapids weighed 306, a gain of 81 pounds since high school. He graduated as a 320-pound offensive lineman and said he did it all naturally.


"I was just a young kid at that time, and I was still growing into my body," he said. "It really wasn't that hard for me to gain the weight. I had fun doing it. I love to eat. It wasn't a problem."


In addition to random drug testing, Iowa State is one of many schools that have "reasonable suspicion" testing. That means players can be tested when their behavior or physical symptoms suggest drug use.


Despite gaining 81 pounds in a year, Lamaak said he was never singled out for testing.


The associate athletics director for athletic training at Iowa State, Mark Coberley, said coaches and trainers use body composition, strength data and other factors to spot suspected cheaters. Lamaak, he said, was not suspicious because he gained a lot of "non-lean" weight.


"There are a lot of things that go into trying to identify whether guys are using performance-enhancing drugs," Coberley said. "If anybody had the answer, they'd be spotting people that do it. We keep our radar up and watch for things that are suspicious and try to protect the kids from making stupid decisions."


There's no evidence that Lamaak's weight gain was anything but natural. Gaining fat is much easier than gaining muscle. But colleges don't routinely release information on how much of the weight their players gain is muscle, as opposed to fat. Without knowing more, said Benardot, the expert at Georgia State, it's impossible to say whether large athletes were putting on suspicious amounts of muscle or simply obese, which is defined as a body mass index greater than 30.


Looking solely at the most significant weight gainers also ignores players like Bryan Maneafaiga.


In the summer of 2004, Maneafaiga was an undersized 180-pound running back trying to make the University of Hawaii football team. Twice — once in pre-season and once in the fall — he failed school drug tests, showing up positive for marijuana use. What surprised him was that the same tests turned up negative for steroids.


He'd started injecting stanozolol, a steroid, in the summer to help bulk up to a roster weight of 200 pounds. Once on the team, where he saw only limited playing time, he'd occasionally inject the milky liquid into his buttocks the day before games.


"Food and good training will only get you so far," he told the AP recently.


Maneafaiga's coach, June Jones, meanwhile, said none of his players had tested positive for doping since he took over the team in 1999. He also said publicly that steroids had been eliminated in college football: "I would say 100 percent," he told The Honolulu Advertiser in 2006.


Jones said it was news to him that one of his players had used steroids. Jones, who now coaches at Southern Methodist University, said many of his former players put on bulk working hard in the weight room. For instance, adding 70 pounds over a three- to four-year period isn't unusual, he said.


Jones said a big jump in muscle year-over-year — say 40 pounds — would be a "red light that something is not right."


Jones, a former NFL head coach, said he is unaware of any steroid use at SMU and believes the NCAA is doing a good job testing players. "I just think because the way the NCAA regulates it now that it's very hard to get around those tests," he said.


The cost of testing


While the use of drugs in professional sports is a question of fairness, use among college athletes is also important as a public policy issue. That's because most top-tier football teams are from public schools that benefit from millions of dollars each year in taxpayer subsidies. Their athletes are essentially wards of the state. Coaches and trainers — the ones who tell players how to behave, how to exercise and what to eat — are government employees.


Then there are the health risks, which include heart and liver problems and cancer.


On paper, college football has a strong drug policy. The NCAA conducts random, unannounced drug testing and the penalties for failure are severe. Players lose an entire year of eligibility after a first positive test. A second offense means permanent ineligibility from sports.


In practice, though, the NCAA's roughly 11,000 annual tests amount to just a fraction of all athletes in Division I and II schools. Exactly how many tests are conducted each year on football players is unclear because the NCAA hasn't published its data for two years. And when it did, it periodically changed the formats, making it impossible to compare one year of football to the next.


Even when players are tested by the NCAA, people involved in the process say it's easy enough to anticipate the test and develop a doping routine that results in a clean test by the time it occurs. NCAA rules say players can be notified up to two days in advance of a test, which Catlin says is plenty of time to beat a test if players have designed the right doping regimen. By comparison, Olympic athletes are given no notice.


"Everybody knows when testing is coming. They all know. And they know how to beat the test," Catlin said, adding, "Only the really dumb ones are getting caught."


Players are far more likely to be tested for drugs by their schools than by the NCAA. But while many schools have policies that give them the right to test for steroids, they often opt not to. Schools are much more focused on street drugs like cocaine and marijuana. Depending on how many tests a school orders, each steroid test can cost $100 to $200, while a simple test for street drugs might cost as little as $25.


When schools call and ask about drug testing, the first question is usually, "How much will it cost," Turpin said.


Most schools that use Drug Free Sport do not test for anabolic steroids, Turpin said. Some are worried about the cost. Others don't think they have a problem. And others believe that since the NCAA tests for steroids their money is best spent testing for street drugs, she said.


Wilfert, the NCAA official, said the possibility of steroid testing is still a deterrent, even at schools where it isn't conducted.


"Even though perhaps those institutional programs are not including steroids in all their tests, they could, and they do from time to time," she said. "So, it is a kind of deterrence."


For Catlin, one of the most frustrating things about running the UCLA testing lab was getting urine samples from schools around the country and only being asked to test for cocaine, marijuana and the like.


"Schools are very good at saying, 'Man, we're really strong on drug testing,'" he said. "And that's all they really want to be able to say and to do and to promote."


That helps explain how two school drug tests could miss Maneafaiga's steroid use. It's also possible that the random test came at an ideal time in Maneafaiga's steroid cycle.


Enforcement varies


The top steroid investigator at the U.S. Drug Enforcement Administration, Joe Rannazzisi, said he doesn't understand why schools don't invest in the same kind of testing, with the same penalties, as the NFL. The NFL has a thorough testing program for most drugs, though the league has yet to resolve a long-simmering feud with its players union about how to test for human growth hormone.


"Is it expensive? Of course, but college football makes a lot of money," he said. "Invest in the integrity of your program."


For a school to test all 85 scholarship football players for steroids twice a season would cost up to $34,000, Catlin said, plus the cost of collecting and handling the urine samples. That's about 0.2 percent of the average big-time school football budget of about $14 million. Testing all athletes in all sports would make the school's costs higher.


When schools ask Drug Free Sport for advice on their drug policies, Turpin said she recommends an immediate suspension after the first positive drug test. Otherwise, she said, "student athletes will roll the dice."


But drug use is a bigger deal at some schools than others.


At Notre Dame and Alabama, the teams that will soon compete for the national championship, players don't automatically miss games for testing positive for steroids. At Alabama, coaches have wide discretion. Notre Dame's student-athlete handbook says a player who fails a test can return to the field once the steroids are out of his system.


"If you're a strength-and-conditioning coach, if you see your kids making gains that seem a little out of line, are you going to say, 'I'm going to investigate further? I want to catch someone?'" said Anthony Roberts, an author of a book on steroids who says he has helped college football players design steroid regimens to beat drug tests.


There are schools with tough policies. The University of North Carolina kicks players off the team after a single positive test for steroids. Auburn's student-athlete handbook calls for a half-season suspension for any athlete caught using performance-enhancing drugs.


Wilfert said it's not up to the NCAA to determine whether that's fair.


"Obviously if it was our testing program, we believe that everybody should be under the same protocol and the same sanction," she said.


Fans typically have no idea that such discrepancies exist and players are left to suspect who might be cheating.


"You see a lot of guys and you know they're possibly on something because they just don't gain weight but get stronger real fast," said Orrin Thompson, a former defensive lineman at Duke. "You know they could be doing something but you really don't know for sure."


Thompson gained 85 pounds between 2001 and 2004, according to Duke rosters and Thompson himself. He said he did not use steroids and was subjected to several tests while at Duke, a school where a single positive steroid test results in a yearlong suspension.


Meanwhile at UCLA, home of the laboratory that for years set the standard for cutting-edge steroid testing, athletes can fail three drug tests before being suspended. At Bowling Green, testing is voluntary.


At the University of Maryland, students must get counseling after testing positive, but school officials are prohibited from disciplining first-time steroid users. Athletic department spokesman Matt Taylor denied that was the case and sent the AP a copy of the policy. But the policy Taylor sent included this provision: "The athletic department/coaching staff may not discipline a student-athlete for a first drug offense."


By comparison, in Kentucky and Maryland, racehorses face tougher testing and sanctions than football players at Louisville or the University of Maryland.


"If you're trying to keep a level playing field, that seems nonsensical," said Rannazzisi at the DEA. He said he was surprised to learn that what gets a free pass at one school gets players immediately suspended at another. "What message does that send? It's OK to cheat once or twice?"


Only about half the student athletes in a 2009 NCAA survey said they believed school testing deterred drug use.


As an association of colleges and universities, the NCAA could not unilaterally force schools to institute uniform testing policies and sanctions, Wilfert said.


"We can't tell them what to do, but if went through a membership process where they determined that this is what should be done, then it could happen," she said.


'Everybody around me was doing it'


Steroids are a controlled substance under federal law, but players who use them need not worry too much about prosecution. The DEA focuses on criminal operations, not individual users. When players are caught with steroids, it's often as part of a traffic stop or a local police investigation.


Jared Foster, 24, a quarterback recruited to play at the University of Mississippi, was kicked off the team in 2008 after local authorities arrested him for giving a man nandrolone, an anabolic steroid, according to court documents. Foster pleaded guilty and served jail time.


He told the AP that he doped in high school to impress college recruiters. He said he put on enough lean muscle to go from 185 pounds to 210 in about two months.


"Everybody around me was doing it," he said.


Steroids are not hard to find. A simple Internet search turns up countless online sources for performance-enhancing drugs, mostly from overseas companies.


College athletes freely post messages on steroid websites, seeking advice to beat tests and design the right schedule of administering steroids.


And steroids are still a mainstay in private, local gyms. Before the DEA shut down Alabama-based Applied Pharmacy Services as a major nationwide steroid supplier, sales records obtained by the AP show steroid shipments to bodybuilders, trainers and gym owners around the country.


Because users are rarely prosecuted, the demand is left in place after the distributor is gone.


When Joshua Hodnik was making and wholesaling illegal steroids, he had found a good retail salesman in a college quarterback named Vinnie Miroth. Miroth was playing at Saginaw Valley State, a Division II school in central Michigan, and was buying enough steroids for 25 people each month, Hodnik said.


"That's why I hired him," Hodnik said. "He bought large amounts and knew how to move it."


Miroth, who pleaded no contest in 2007 and admitted selling steroids, helped authorities build their case against Hodnik, according to court records. Now playing football in France, Miroth declined repeated AP requests for an interview.


Hodnik was released from prison this year and says he is out of the steroid business for good. He said there's no doubt that steroid use is widespread in college football.


"These guys don't start using performance-enhancing drugs when they hit the professional level," the Oklahoma City man said. "Obviously it starts well before that. And you can go back to some of the professional players who tested positive and compare their numbers to college and there is virtually no change."


Maneafaiga, the former Hawaii running back, said his steroids came from Mexico. A friend in California, who was a coach at a junior college, sent them through the mail. But Maneafaiga believes the consequences were nagging injuries. He found religion, quit the drugs and became the team's chaplain.


"God gave you everything you need," he said. "It gets in your mind. It will make you grow unnaturally. Eventually, you'll break down. It happened to me every time."


At the DEA, Rannazzisi said he has met with and conducted training for investigators and top officials in every professional sport. He's talked to Major League Baseball about the patterns his agents are seeing. He's discussed warning signs with the NFL.


He said he's offered similar training to the NCAA but never heard back. Wilfert said the NCAA staff has discussed it and hasn't decided what to do.


"We have very little communication with the NCAA or individual schools," Rannazzisi said. "They've got my card. What they've done with it? I don't know."


___


Associated Press writers Ryan Foley in Cedar Rapids, Iowa; David Brandt in Jackson, Miss.; David Skretta in Lawrence, Kan.; Don Thompson in Sacramento, Calif.;and Alexa Olesen in Shanghai, China; and researchers Susan James in New York and Monika Mathur in Washington contributed to this report.


___


Contact the Washington investigative team at DCinvestigations (at) ap.org.


Whether for athletics or age, Americans from teenagers to baby boomers are trying to get an edge by illegally using anabolic steroids and human growth hormone, despite well-documented risks. This is the first of a two-part series.


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Recipes for Health: Spiced Roasted Almonds


Andrew Scrivani for The New York Times


Spiced roasted almonds.







Roasted nuts are standard snacks, and almonds are a healthy food. But it is easy to eat too many. I find that if they are a little spicy or hot, delicious as they are, they are not quite as addictive.


 


3 cups (about 400 grams) almonds


2 teaspoons extra virgin olive oil


Salt to taste


1/4 to 1/2 teaspoon cayenne, or to taste


1 to 2 teaspoons finely chopped fresh thyme or 1/2 to 1 teaspoon crumbled dried thyme (optional)


 


1. Preheat the oven to 350 degrees. Toss the almonds with olive oil, salt and cayenne, and place on a baking sheet. Roast in the hot oven until they begin to crackle and smell toasty, 15 to 20 minutes. Be careful when you open the oven door because the capsicum in the cayenne is quite volatile, so avoid breathing in, and be careful of your eyes. Remove from the heat and allow to cool. Toss with the thyme.


Yield: 3 cups (about 20 handfuls)


Advance preparation: Keep these in an air tight container in the freezer and they will be good for a couple of weeks.


Nutritional information per 20 grams (about 18 almonds): 119 calories; 10 grams fat; 1 gram saturated fat; 2 grams polyunsaturated fat; 7 grams monounsaturated fat; 0 milligrams cholesterol; 4 grams carbohydrates; 2 grams dietary fiber; 0 milligrams sodium (does not include salt to taste); 4 grams protein


 


​Up Next: Marinated Olives


 


Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”


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Inquiry Into Libya Attack Is Sharply Critical of State Department





WASHINGTON — An independent inquiry into the attack on the United States diplomatic mission in Libya that killed four Americans on Sept. 11 sharply criticized the State Department for a lack of seasoned security personnel and for relying on untested local militias to safeguard the compound, according to a report by the panel made public on Tuesday night.




The investigation into the attack on the diplomatic mission and the C.I.A. annex in Benghazi that resulted in the deaths of Ambassador J. Christopher Stevens and three other Americans also faulted State Department officials in Washington for ignoring requests from the American Embassy in Tripoli for more guards for the mission and for failing to make sufficient safety upgrades.


The panel also said American intelligence officials had relied too much on specific warnings of imminent attacks, which they did not have in the case of Benghazi, rather than basing assessments more broadly on a deteriorating security environment. By this spring, Benghazi, a hotbed of militant activity in eastern Libya, had experienced a string of assassinations, an attack on a British envoy’s motorcade and the explosion of a bomb outside the American Mission.


Finally, the report blamed two major State Department bureaus — Diplomatic Security and Near Eastern Affairs — for failing to coordinate and plan adequate security. The panel also determined that a number of officials had shown poor leadership, but they were not identified in the unclassified version of the report that was released.


“Systemic failures and leadership and management deficiencies at senior levels within two bureaus,” the report said, resulted in security “that was inadequate for Benghazi and grossly inadequate to deal with the attack that took place.”


The attack in Benghazi and the Obama administration’s explanation of what happened and who was responsible became politically charged issues in the waning weeks of the presidential campaign, and Republicans have continued to demand explanations since then. Susan E. Rice, the United States ambassador to the United Nations, took herself out of consideration for secretary of state after Republican criticism of comments she made in the aftermath of the lethal attack threatened to become a divisive political battle.


The report affirmed there were no protests of an anti-Islamic video before the attack, contrary to what Ms. Rice had said on several Sunday talk shows days after the attack.


While the report focused on the specific attack in Benghazi, the episode cast into broader relief the larger question of how American diplomats and intelligence officers operate in increasingly unstable environments, like those in the Arab Spring countries across North Africa and the Middle East, without increased security.


In response to the panel’s findings, Secretary of State Hillary Rodham Clinton said in a letter to Congress that she was accepting all 29 of the panel’s recommendations, five of which are classified. “To fully honor those we lost, we must better protect those still serving to advance our nation’s vital interests and values overseas,” Mrs. Clinton said in the letter. She is already taking specific steps to correct the problems, according to officials.


They say the State Department is asking permission from Congress to transfer more than $1.3 billion from contingency funds that had been allocated for spending in Iraq. This includes $553 million for hundreds of additional Marine security guards worldwide; $130 million for diplomatic security personnel; and $691 million for improving security at installations abroad.


Noting that the Libyan militias in Benghazi proved unreliable, the report recommended that in the future the United States must be “self-reliant and enterprising.”


In recent weeks, teams of State Department and Pentagon security specialists have been sent to 19 “high threat” diplomatic posts around the world to conduct assessments.


The State Department last month for the first time also appointed a senior official — a deputy assistant secretary of state — to ensure that embassies and consulates in dangerous places get sufficient attention. To that end, the department is revamping deployment procedures to increase the number of experienced and well- trained personnel serving in those posts, and to reduce the high turnover rate that the panel identified as a problem.


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Sony confirms 10 devices will get Jelly Bean upgrade starting in February 2013









Title Post: Sony confirms 10 devices will get Jelly Bean upgrade starting in February 2013
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Jets bench Sanchez, will start McElroy vs Chargers


NEW YORK (AP) — Mark Sanchez is no longer the New York Jets' franchise quarterback.


He might not even be the backup.


Rex Ryan decided to bench Sanchez on Tuesday in favor of Greg McElroy after the fourth-year quarterback had another miserable performance in a 14-10 loss at Tennessee on Monday night that eliminated New York from playoff contention.


"I think it's best for our team, and for this game," Ryan said during a conference call.


So, it'll be McElroy under center for his first NFL start when the Jets (6-8) play the San Diego Chargers at home Sunday. Ryan hasn't decided whether Sanchez or Tim Tebow — listed as the No. 2 quarterback — will be the backup.


While Sanchez blew the second chance Ryan gave him a few weeks ago, Tebow was leapfrogged by a third-stringer, fueling speculation that the team has little confidence in him as a quarterback.


"I have to look at what I think is the best for the team and not necessarily the individual," Ryan said. "I'll say this about Tim and I've always said it: I know he wants to help this team be successful in the worst way and there's no doubt about that."


Sanchez threw four interceptions Monday night and wasn't able to handle a low snap with the game on the line, ending the Jets' hopes to get back into the postseason.


Things got worse after the game for Sanchez, who received a series of death threats from one disgruntled fan on Twitter. League spokesman Greg Aiello said the NFL's security staff was aware of the man's threats and was working with the Jets to assist on the matter. The team declined comment through a spokesman.


Ryan said after the loss that he wasn't ready to decide who would start against the Chargers, but told Sanchez he would be making a change at quarterback by going with either McElroy or Tebow.


"He respected my decision," Ryan said. "That's not easy, that's for sure."


After talking to his staff and members of the organization Tuesday, Ryan chose McElroy.


"This is my opinion, and I do believe that it's best for our team that Greg is our quarterback," Ryan insisted. "I'm the guy that's making this decision. Every decision I make is based on what I believe is the best decision for the team."


But Ryan was vague in his answers to why he selected McElroy above Tebow, choosing after being asked several times to not go into detail about what specifically factored into the decision.


"I can answer this question a million ways, frontward, backward, sideways, anything else," Ryan said. "It's my decision and I based it on a gut feeling or whatever."


McElroy, a seventh-round pick last year out of Alabama, helped lead the Jets to a 7-6 win over Arizona on Dec. 2 when Ryan pulled Sanchez from that game late in the third quarter. McElroy had modest numbers — 5 of 7 for 29 yards — but threw for the only touchdown of the game, and nearly led another scoring drive as the Jets ran out the clock.


Ryan decided to stick with Sanchez after that game, saying that the one-time face of the franchise gave the Jets their best chance at winning as they remained in the playoff hunt.


But Sanchez struggled in a 17-10 win over Jacksonville and again even more in the loss to Tennessee. McElroy, who gave the Jets a huge spark in his first NFL action, was inactive for both games. That hurt New York on Monday night when Ryan was unable to turn to McElroy since he was not in uniform for the game. Instead, Ryan went to Tebow for one series — which had been part of the game plan — but it was unproductive and Sanchez came back in for the next offensive possession.


Sanchez leads the league with 24 turnovers, including 17 interceptions, and has turned the ball over 50 times since the start of last season. His future with the team is uncertain because he signed a contract extension with New York in March that included $8.25 million in guaranteed money for next season.


Ryan would not commit to Sanchez beyond this season, and wouldn't discuss what the depth chart will look like.


"We have two games left and that's where my focus is going to be," he said. "What's past that will be determined later."


Sanchez was regularly booed during home games this season, falling out of favor with the fans who were excited when the Jets traded up to take him with the fifth overall pick in the 2009 draft.


"Has he had better days than (Monday night)? Absolutely," Ryan said.


There certainly were some good moments for the former Southern California star, particularly in helping lead New York to the AFC championship game in each of his first two seasons, but he failed to take the next step in his development.


While his frequent mistakes in reading defenses and miscalculating throws are a huge reason for his struggles, Sanchez also wasn't helped by a constantly changing cast around him. Several of the team's top offensive players — Thomas Jones, Leon Washington, Jerricho Cotchery, Brad Smith, LaDainian Tomlinson, Plaxico Burress, Alan Faneca and Damien Woody — have all been released, traded or allowed to become free agents since Sanchez's rookie season. He is also working with his second offensive coordinator in Tony Sparano after an up-and-down three seasons with Brian Schottenheimer.


Tebow, acquired from Denver in March, has had a minor role in the offense after being expected to play a major part. He is recovering from two broken ribs that sidelined him for three games, but returned Monday night and had little impact. It would seem unlikely that Tebow, who helped lead the Broncos to the playoffs last season, will be back next season.


When Tebow arrived in New York, he often said he was "excited to be a Jet," but there's little doubt that he no longer feels that way. He has done his best to hide his frustration throughout the season, especially when the wildcat-style offense was talked up by Ryan and Sparano as a highlight of the offense.


Tebow has instead just been a spare part on an offense that ranks 30th in the NFL. He is 6 of 8 passing for 39 yards, and has run 32 times for 102 yards — playing a more significant role as the personal punt protector on special teams.


"People can speculate anything they want," Ryan said. Obviously, as a football team, we're 6-8 and nobody's happy about that and ultimately, I'm the one accountable."


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Church Officials Call on Filipinos to Campaign Against Birth Control Law





MANILA — After losing a battle to stop the passage of a contentious birth control law, Roman Catholic Church officials on Tuesday dug in and instructed their millions of followers to campaign against the measure in communities, schools and homes.




“Let us intensify the moral spiritual education of our youth and children so that they can stand strong against the threats to their moral fiber,” Archbishop Socrates Villegas said in a statement. “Let us use all the means within our reach to safeguard the health of expectant mothers in our communities.”


The Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control. Each chamber of the national legislature passed its own version of the measure, and minor differences between the two must be reconciled before the measure goes to President Benigno S. Aquino III for his signature.


The measure had been stalled for more than a decade because of determined opposition from the church in this overwhelmingly Catholic country.


Birth control is legal and widely available in the Philippines for people who can afford it, particularly those living in cities. But condoms, birth control pills and other forms of contraception are sometimes kept out of community health centers and clinics by local government and Catholic Church officials.


The measure passed on Monday would stock government health centers, including those in remote areas, with free or subsidized birth control options for the poor. It would also require sex education in public schools and family-planning training for community health officers.


Archbishop Villegas, the vice president of the Catholic Bishops Conference of the Philippines, on Tuesday encouraged Catholics to resist the measure by disseminating information about natural family planning methods and warning people about “the hazardous effects of contraceptive pills on the health of women.”


“Let us conduct our own sex education of our children insuring that sex is always understood as a gift of God,” Archbishop Villegas stated. “Sex must never be taught separate from God and isolated from marriage.”


Bishop Gabriel V. Reyes, chairman of the conference’s Episcopal Commission on Family and Life, said after the vote Monday that “we need to explain to our fellow believers that they ought to refuse contraceptives even when they are being offered these.”


The Philippines has one of the highest birthrates in Asia, but backers of the legislation, including the Aquino administration, have said repeatedly that its purpose is not to limit population growth. Rather, they say, the bill is meant to offer poor families the same reproductive health options that wealthier people in the country enjoy.


Though lacking the numbers needed to defeat the legislation, lawmakers who opposed the measure sought to delay the vote. In one instance, an opposition senator proposed 35 amendments just before a vote was to take place.


Often the debate took bizarre turns, as when a congressman claimed that the birth control measure was a plot by the Philippine Communist Party to take over the government.


In another instance, a male senator requested removal of the phrase “satisfying sex” from a passage in the bill that referred to “safe and satisfying sex.” Several female senators opposed its removal, and the amendment was debated live on television while social media networks crackled with sarcastic commentary. “I am a Filipina,” Senator Miriam Santiago said in response to the amendment. “I am also a married woman, and I insist whoever is married to me should give me safe and satisfying sex, period.”


During a vote on the measure in the House of Representatives, the boxer and congressman Manny Pacquiao linked the birth control measure to his having been knocked unconscious on Dec. 8 by Juan Manuel Marquez during their W.B.O. world welterweight fight in Las Vegas.


“Some thought I was dead,” Mr. Pacquiao said in a speech explaining his vote against the measure. “What happened in Vegas strengthened my already firm belief in the sanctity of life.” He added: “Manny Pacquiao is pro-life. Manny Pacquiao votes no.”


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How Wal-Mart Used Payoffs to Get Its Way in Mexico



SAN JUAN TEOTIHUACÁN, Mexico — Wal-Mart longed to build in Elda Pineda’s alfalfa field. It was an ideal location, just off this town’s bustling main entrance and barely a mile from its ancient pyramids, which draw tourists from around the world. With its usual precision, Wal-Mart calculated it would attract 250 customers an hour if only it could put a store in Mrs. Pineda’s field.


One major obstacle stood in Wal-Mart’s way.


After years of study, the town’s elected leaders had just approved a new zoning map. The leaders wanted to limit growth near the pyramids, and they considered the town’s main entrance too congested already. As a result, the 2003 zoning map prohibited commercial development on Mrs. Pineda’s field, seemingly dooming Wal-Mart’s hopes.


But 30 miles away in Mexico City, at the headquarters of Wal-Mart de Mexico, executives were not about to be thwarted by an unfavorable zoning decision. Instead, records and interviews show, they decided to undo the damage with one well-placed $52,000 bribe.


The plan was simple. The zoning map would not become law until it was published in a government newspaper. So Wal-Mart de Mexico arranged to bribe an official to change the map before it was sent to the newspaper, records and interviews show. Sure enough, when the map was published, the zoning for Mrs. Pineda’s field was redrawn to allow Wal-Mart’s store.


Problem solved.


Wal-Mart de Mexico broke ground months later, provoking fierce opposition. Protesters decried the very idea of a Wal-Mart so close to a cultural treasure. They contended the town’s traditional public markets would be decimated, its traffic mess made worse. Months of hunger strikes and sit-ins consumed Mexico’s news media. Yet for all the scrutiny, the story of the altered map remained a secret. The store opened for Christmas 2004, affirming Wal-Mart’s emerging dominance in Mexico.


The secret held even after a former Wal-Mart de Mexico lawyer contacted Wal-Mart executives in Bentonville, Ark., and told them how Wal-Mart de Mexico routinely resorted to bribery, citing the altered map as but one example. His detailed account — he had been in charge of getting building permits throughout Mexico — raised alarms at the highest levels of Wal-Mart and prompted an internal investigation.


But as The New York Times revealed in April, Wal-Mart’s leaders shut down the investigation in 2006. They did so even though their investigators had found a wealth of evidence supporting the lawyer’s allegations. The decision meant authorities were not notified. It also meant basic questions about the nature, extent and impact of Wal-Mart de Mexico’s conduct were never asked, much less answered.


The Times has now picked up where Wal-Mart’s internal investigation was cut off, traveling to dozens of towns and cities in Mexico, gathering tens of thousands of documents related to Wal-Mart de Mexico permits, and interviewing scores of government officials and Wal-Mart employees, including 15 hours of interviews with the former lawyer, Sergio Cicero Zapata.


The Times’s examination reveals that Wal-Mart de Mexico was not the reluctant victim of a corrupt culture that insisted on bribes as the cost of doing business. Nor did it pay bribes merely to speed up routine approvals. Rather, Wal-Mart de Mexico was an aggressive and creative corrupter, offering large payoffs to get what the law otherwise prohibited. It used bribes to subvert democratic governance — public votes, open debates, transparent procedures. It used bribes to circumvent regulatory safeguards that protect Mexican citizens from unsafe construction. It used bribes to outflank rivals.


Through confidential Wal-Mart documents, The Times identified 19 store sites across Mexico that were the target of Wal-Mart de Mexico’s bribes. The Times then matched information about specific bribes against permit records for each site. Clear patterns emerged. Over and over, for example, the dates of bribe payments coincided with dates when critical permits were issued. Again and again, the strictly forbidden became miraculously attainable.


Thanks to eight bribe payments totaling $341,000, for example, Wal-Mart built a Sam’s Club in one of Mexico City’s most densely populated neighborhoods, near the Basílica de Guadalupe, without a construction license, or an environmental permit, or an urban impact assessment, or even a traffic permit. Thanks to nine bribe payments totaling $765,000, Wal-Mart built a vast refrigerated distribution center in an environmentally fragile flood basin north of Mexico City, in an area where electricity was so scarce that many smaller developers were turned away.


But there is no better example of Wal-Mart de Mexico’s methods than its conquest of Mrs. Pineda’s alfalfa field. In Teotihuacán, The Times found that Wal-Mart de Mexico executives approved at least four different bribe payments — more than $200,000 in all — to build just a medium-size supermarket. Without those payoffs, records and interviews show, Wal-Mart almost surely would not have been allowed to build in Mrs. Pineda’s field.


The Teotihuacán case also raises new questions about the way Wal-Mart’s leaders in the United States responded to evidence of widespread corruption in their largest foreign subsidiary.


Wal-Mart’s leadership was well aware of the protests here in 2004. (The controversy was covered by several news outlets in the United States, including The Times.) From the start, protest leaders insisted that corruption surely played a role in the store’s permits. Although woefully short on specifics, their complaints prompted multiple investigations by Mexican authorities. One of those investigations was still under way when Wal-Mart’s top executives first learned of Mr. Cicero’s account of bribes in Teotihuacán (pronounced Tay-o-tea-wah-KHAN).


But Wal-Mart’s leaders did not tell Mexican authorities about his allegations, not even after their own investigators concluded there was “reasonable suspicion” to believe laws had been violated, records and interviews show. Unaware of this new evidence, Mexican investigators said they could find no wrongdoing in Teotihuacán.


Wal-Mart has been under growing scrutiny since The Times disclosed its corruption problems in Mexico, where it is the largest private employer, with 221,000 people working in 2,275 stores, supermarkets and restaurants.


In the United States, the Justice Department and the Securities and Exchange Commission are investigating possible violations of the Foreign Corrupt Practices Act, the federal law that makes it a crime for American corporations or their subsidiaries to bribe foreign officials. Mexican authorities and Congressional Democrats have also begun investigations, and Wal-Mart has been hit by shareholder lawsuits from several major pension funds.


Wal-Mart declined to discuss its conduct in Teotihuacán while it is continuing its own investigation. The company has hired hundreds of lawyers, investigators and forensic accountants who are examining all 27 of its foreign markets. It has already found potentially serious wrongdoing, including indications of bribery in China, Brazil and India. Several top executives in Mexico and India have been suspended or forced to resign in recent months.


Wal-Mart has also tightened oversight of its internal investigations. It has created high-level positions to help root out corruption. It is spending millions on anticorruption training and background checks of the lawyers and lobbyists who represent Wal-Mart before foreign governments. The company has spent more than $100 million on investigative costs this year.


“We are committed to having a strong and effective global anticorruption program everywhere we operate and taking appropriate action for any instance of noncompliance,” said David W. Tovar, a Wal-Mart spokesman.


In Mexico, a major focus of Wal-Mart’s investigation is none other than the boxy, brown supermarket in Mrs. Pineda’s alfalfa field.


Eight years later, it remains the most controversial Wal-Mart in Mexico, a powerful symbol of globalism’s impact on Mexican culture and commerce.


As it turns out, the store also took on symbolic importance within Wal-Mart de Mexico, Mr. Cicero said in an interview. Executives, he said, came to believe that by outmuscling protesters and building in the shadow of a revered national treasure, they would send a message to the entire country: If we can build here, we can build anywhere.


City of the Gods


In ancient times, Teotihuacán was a sprawling metropolis of perhaps 150,000 people. The “city of the gods,” as the Aztecs called it, rose up around a vast temple complex and two great pyramids, the Sun and the Moon. The ancient city is long gone, buried under farm fields, small pueblos and the detritus of bygone civilizations. But the temple complex and pyramids remain, which is why Teotihuacán is so central to Mexico’s cultural patrimony.


Teotihuacán’s leaders naturally wanted to protect this legacy as they began work on a new zoning plan in 2001. To keep the town attractive as a tourist destination, they decided to limit development in the “archaeological zone,” a buffer of protected land that encircles the pyramids. At the same time, they wanted a plan that would lure more tourists into the town’s central square.


“People complained tourists didn’t go into town,” said Víctor Ortiz, a partner in the consulting firm the town hired to draw up its new zoning plan.


By early 2003, just as Mr. Ortiz’s firm was finishing its work, Wal-Mart de Mexico had settled on Teotihuacán as a ripe target for expansion. Its population, nearly 50,000, was growing fast, and its commerce was dominated by small neighborhood shops and a traditional public market in the central square — exactly the type of competition Wal-Mart de Mexico had vanquished in town after town.


Mr. Cicero, a trim, sharp-featured man, recalled how Mrs. Pineda’s alfalfa field jumped out as Wal-Mart’s real estate executives scoured aerial photographs of Teotihuacán. By putting one of Wal-Mart’s Bodega Aurrera supermarkets at the town’s main entrance, they could create a choke point that would effectively place the town off limits to competitors. There was also space to add other types of Wal-Mart stores — restaurants or department stores — down the road. “We would be slamming the gate on the whole town,” he said.


But Wal-Mart officials got a cold reception when they began to inquire about permits at Teotihuacán’s municipal offices. Saúl Martínez, an employee in the urban development office, recalled telling Wal-Mart’s representatives that a supermarket could not be built in Mrs. Pineda’s field, because the field was zoned for housing. Wal-Mart would need a zoning change. But a supermarket, he told them, was sure to generate strong opposition because of the traffic chaos it would create.


“Go look for something else,” he recalled telling Wal-Mart.


At first, Mr. Cicero’s team thought it had found a perfectly legal solution to the zoning problem. Only a narrow strip of land separated Mrs. Pineda’s field from Hidalgo Avenue, the main road into town. If Wal-Mart could build an entrance across that strip, zoning rules would let it rely on Hidalgo Avenue’s zoning, which allowed commercial development. But Wal-Mart could not get a right of way, despite months of trying.


By then, the municipality was rushing to complete its new zoning plan. Officials were already holding public meetings to present the plan and solicit feedback. A final vote was scheduled for Aug. 6, 2003.


The Times obtained four different copies of the new zoning map as it existed on the eve of the vote. All four, including two found in the town’s urban development office, confirm that housing was the only kind of development allowed on Mrs. Pineda’s field. There is no record of Wal-Mart seeking a last-minute change, and nine officials closely involved in drafting the plan all said in separate interviews that they were certain Wal-Mart made no such request.


“I would remember,” said Humberto Peña, then the mayor of Teotihuacán. “And if they would have asked that, my answer would have been no.”


After two years of painstaking work, Mr. Peña and the municipal council unanimously approved Teotihuacán’s new zoning plan on Aug. 6


The next day Mr. Peña sent the new map to the state’s Office of Urban and Regional Planning, a bureaucratic outpost of roughly a dozen employees in Toluca, the State of Mexico’s capital. The office’s main job was to verify that local zoning plans fit the state’s development goals. It also handled the critical final step — arranging publication of completed plans in the state’s official newspaper, the Government’s Gazette.


An Altered Map


If the council’s vote seemingly dashed Wal-Mart’s hopes for Teotihuacán, Wal-Mart de Mexico’s executives certainly acted as if they knew something the rest of the world did not.


On Aug. 12, records show, they asked Wal-Mart’s leadership in the United States to approve their plan to spend about $8 million on a Bodega Aurrera in Mrs. Pineda’s field. The request was approved by Wal-Mart’s international real estate committee, made up of 20 or so top executives, including S. Robson Walton, the company’s chairman.


The committee’s approval, records show, was contingent on obtaining “zoning for commercial use.”


By law, the state Office of Urban and Regional Planning could not make zoning changes on maps it reviewed. If there were problems, it was supposed to send the map back to the town for revisions. Teotihuacán’s plan, however, was quickly approved and then sent to the Government’s Gazette on Aug. 20.


It typically took the Gazette a few weeks to publish a new zoning plan. Only then did it become law. But even before Teotihuacán’s map was published, Wal-Mart de Mexico did two very curious things: First, it began an expensive soil mechanics study of Mrs. Pineda’s field, which it would later lease. Second, it submitted an application to the Business Attention Commission, a state agency that helps developers get permits.


The application and the soil study would have been a foolish waste of time and money, assuming the soon-to-be-published map matched what the Teotihuacán council approved on Aug. 6. It made perfect sense, though, for a company that had reason to believe the map would be published with a single strategically situated change.


The Times found evidence of that change on a computer disc stored in a shoe box inside the Office of Urban and Regional Planning. The disc, created by a senior official in the office, held a copy of Teotihuacán’s zoning map as it existed on Aug. 20, the day it was sent to the Government’s Gazette.



On the map, the zoning on Mrs. Pineda’s field had been changed to allow a commercial center.


“One thing I am sure of — this was altered,” Alejandro Heredia, a partner in the consulting firm that created Teotihuacán’s zoning map, said when he was shown that Aug. 20 map.


“It was surgical work,” he said, adding, “It would be quite a gift to someone who wanted to do something here.”


It was a safe bet that a single small change would not be noticed by Teotihuacán’s municipal council. Because of term limits, the entire council left office after the Aug. 6 vote. A new mayor, Guillermo Rodríguez, was sworn in with a new council on Aug. 17. In interviews, Mr. Rodríguez and members of the new council said they had no idea Wal-Mart had its eye on Mrs. Pineda’s field when they took office.


“They must have had to bribe somebody in order to make the illegal legal,” Mr. Rodríguez said when he was shown both the Aug. 20 map and the map approved on Aug. 6.


“Whatever happened here must be explained,” Jesús Aguiluz, a former high-ranking state official whose domain included the Office of Urban and Regional Planning, said when he was shown both maps. Only one person, he said, could explain what happened — Víctor Manuel Frieventh, then the director of the urban planning office.


“He was in charge totally,” Mr. Aguiluz said.


In interviews with The Times, people who worked in Mr. Frieventh’s office recalled a steady parade of favor-seekers — housing developers, wealthy landowners, politically wired businessmen — all hoping Mr. Frieventh would use his influence to shape zoning plans to favor their interests. Wal-Mart de Mexico, they said, was part of the parade.


During a two-hour interview with The Times, Mr. Frieventh jovially described how his predecessors had taken bribes to shift zoning boundaries. But he insisted he never met with anyone from Wal-Mart, and said he had nothing to do with the change to Teotihuacán’s map.


“It’s very strange,” he said, looking intently at the altered map.


The formal order to publish Teotihuacán’s new zoning plan was received by the Government’s Gazette on Sept. 11, 2003. The next day, internal Wal-Mart de Mexico records show, Mr. Cicero authorized five bribe payments totaling $221,000. According to the internal records, the bribes were for obtaining zoning changes to build five supermarkets. One of the payments, for $52,000, was for the Bodega Aurrera in Teotihuacán, Mr. Cicero said in an interview.


Wal-Mart de Mexico officials did not themselves pay bribes. Records and interviews show that payoffs were made by outside lawyers, trusted fixers dispatched by Mr. Cicero to deliver envelopes of cash without leaving any trace of their existence. Wal-Mart de Mexico’s written policies said these fixers could be entrusted with up to $280,000 to “expedite” a single permit. The bribe payments covered the payoffs themselves, a commission for the fixer and taxes. For some permits, it was left to the fixers to figure out who needed to be bribed. In this case, Mr. Cicero said, Mr. Frieventh was the intended recipient.


Mr. Frieventh, the son of a shoe-store owner, earned a government salary of less than $30,000 in 2003. However modest his pay, he was in the midst of amassing an impressive real estate portfolio. From 2001 to 2004, property records show, he bought up most of a city block in Toluca. The land costs alone were nearly 65 percent of his government pay during those years.


Asked if he had ever accepted anything of value from a Wal-Mart representative, Mr. Freiventh shook his head, chuckled and extended a hand, palm up. “Bring him to me so he can pay me, no? Have him bring it to me.”


Even with the right zoning, Wal-Mart still needed at least a dozen different permits to begin construction. But to apply for them, Mr. Cicero’s team first had to get a zoning certificate, which verified that a plot’s zoning was consistent with the proposed development.


Zoning certificates did not come from Mr. Frieventh’s office. They were issued by the state Office of Urban Operations, and Wal-Mart’s request went to Lidia Gómez, a career civil servant known as a stickler for rules. Ms. Gómez rejected Wal-Mart’s request. Wal-Mart tried again a few months later, and again Ms. Gómez said no, saying that even with Teotihuacán’s new map, a Bodega Aurrera would still run afoul of a rarely enforced federal guideline. Wal-Mart was dead in the water.


With help from Mr. Frieventh, Mr. Cicero’s team found a way around Ms. Gómez, and the law. Mr. Frieventh had no legal authority to overrule Ms. Gómez. But at Wal-Mart’s request, records show, Mr. Frieventh wrote a letter on government letterhead on March 9, 2004, that directly contradicted Ms. Gómez’s rulings. Citing the altered map, he wrote that Wal-Mart’s supermarket was indeed compatible with the zoning for Mrs. Pineda’s field.


Mr. Frieventh said he did not recall the letter, or why he wrote it. But Wal-Mart de Mexico immediately put the letter to work. It began applying for other permits, each time submitting the letter as if it were a valid zoning certificate.


One of its first applications was to the state agency that regulates roads.



There were obvious reasons for traffic regulators to balk at Wal-Mart’s permit request. Traffic, of course, was one of Teotihuacán’s biggest headaches, and a supermarket at the main entrance would only make matters worse. But there was a far bigger complication. The town had recently approved a long-term plan to ease congestion. The plan called for building a bypass road through Mrs. Pineda’s alfalfa field.


According to internal Wal-Mart records, Mr. Cicero authorized a $25,900 bribe for the permit, which was issued in less than two weeks. The paperwork approving it did not even mention the bypass road.


A Helpful Mayor


Teotihuacán’s municipal council had just finished its regular meeting on June 11, 2004, when the mayor, Guillermo Rodríguez, made an unusual request. He asked the council members to stick around and meet privately with some people from Wal-Mart. Instructions were given to turn off the video camera used to record public meetings. But the video operator disregarded the instructions, and the camera continued to roll.


“They are going to explain what they want to do here,” the mayor told his colleagues.


To build in Mrs. Pineda’s field, Wal-Mart now needed a construction license from Teotihuacán. Construction licenses were issued by Hugo Hernández, the town’s director of urban development. Yet Mr. Hernández had thus far declined to give Wal-Mart a license because it still lacked several approvals — an environmental permit, for example.


But Wal-Mart de Mexico had found a friend in Mayor Rodríguez, who now, in private, explained to the council why it was essential to act with speed and flexibility to help Wal-Mart build, regardless of the inevitable opposition.


“They say that if we don’t solve this quickly, they will leave,” he told the council members. Wal-Mart, he revealed, had raised the possibility of a donation. “They asked me, ‘What are you going to ask from us?’ I said, ‘Pay your taxes, reach an agreement, help the community.’ ”


Then he summoned Wal-Mart’s team, led by Jorge Resendiz, one of Mr. Cicero’s deputies.


Mr. Resendiz got to the point. In exchange for bringing jobs and low prices to Teotihuacán, Wal-Mart wanted something extraordinary. It wanted the council members to let Wal-Mart start construction even though it did not have all the required permits. And it wanted them to do it then and there, in private, without public hearings. Wal-Mart was in a rush to open for Christmas shopping. “Time is precious for us,” he said. “If we don’t start this unit in the coming days, we will have a delay.”


Mr. Rodríguez assured Mr. Resendiz that the council would give its approval the next week.


The mayor’s aggressive activism was out of character. In interviews, former aides and colleagues described Mr. Rodríguez as “insecure,” “easily manipulated” and “passive.” He was frequently absent during working hours. “My persistent thought was that I was disappointed by him,” said Mr. Peña, the former mayor who had been Mr. Rodríguez’s political mentor.


But according to Mr. Cicero, there was nothing accidental about Mr. Rodríguez’s enthusiasm. Wal-Mart de Mexico, he said, bribed Mr. Rodríguez to secure his support and that of his allies on the town council. The decision to bribe Mr. Rodríguez, he said, was blessed by Wal-Mart de Mexico’s leaders.



“I didn’t receive any money from Wal-Mart — no money,” Mr. Rodríguez insisted during two lengthy interviews with The Times.


But he struggled to explain why he began to spend tens of thousands of dollars in June 2004, the same month he emerged as Wal-Mart’s champion.


The spending is described in financial disclosure reports Mr. Rodríguez prepared himself under oath. The reports, obtained by The Times, show that he spent $30,300 to begin building a ranch on a hill overlooking the pyramids. He spent $1,800 more on a used Dodge pickup. He paid cash in both transactions.


As mayor, Mr. Rodríguez was paid $47,000 a year. His wife made $23,000 more working for the municipality. His spending spree in June nearly equaled their entire pay for the first half of 2004.


Even more remarkable was what happened six months later. Mr. Rodríguez swore in his disclosure reports that he had no savings as of Dec. 31, 2004. Yet on Jan. 1, 2005, he and his wife spent $47,700 in cash on improvements to their ranch, his reports show.


Before becoming mayor, Mr. Rodríguez had been the town comptroller, responsible for making sure municipal officials completed their financial disclosure reports correctly. Yet in the interviews, Mr. Rodríguez claimed over and over that the amounts he reported were “mistakes” or “approximate figures” or “generalized.”


He tried to be precise, he explained. “I now see it wasn’t so.”


But he did not dispute the overall spending pattern. From June 2004 to June 2005, he acknowledged, he spent “approximately” $114,000 building and furnishing his ranch, all in cash.


Wal-Mart’s investigators would ask Mr. Cicero how much Wal-Mart de Mexico had paid to bribe the mayor. About $114,000, he said.


Teotihuacán’s council members met again on June 18, 2004, a week after Mr. Rodríguez first introduced them to Wal-Mart. It was just after 7 a.m. and Mr. Resendiz took a seat up front. Item 7 on the agenda was Wal-Mart.


It was the first and only public airing of Wal-Mart’s plans. The council members spent 15 minutes discussing one of the largest construction projects in the town’s modern history.


Mr. Rodríguez announced they were there to give a “favorable or unfavorable opinion” of Wal-Mart’s supermarket. When a council member pointed out that Wal-Mart had not even submitted a formal written request, the mayor waved away the problem. “That’s a detail we omitted,” he said.


Mr. Hernández, the town’s urban development director, noted that Wal-Mart still did not have several permits it needed before the town could issue a construction license. He urged the council to stick to the rules.


Mr. Resendiz objected, saying Wal-Mart did not have time to spare.


The mayor pushed for a vote, suggesting that all they were doing was indicating general support while Wal-Mart rounded up its missing permits. He gave no indication that the vote constituted a final approval.


In interviews, council members said they viewed Wal-Mart’s proposal through the prism of lingering resentments toward their public markets. Residents had long complained about vendors inflating prices and rigging scales. They liked the way Wal-Mart challenged the old irritants of the Mexican shopping experience — stores that do not list prices; stores with no parking; stores with musty display cases.


The vote was unanimous for Wal-Mart. Days later, construction began.


Getting By the Guardians


The appearance of heavy excavation equipment in Mrs. Pineda’s field quickly aroused suspicion around town. The suspicions stemmed from Teotihuacán’s fraught relationship with the National Institute of Anthropology and History, or INAH, the official guardian of Mexico’s cultural treasures.


Because of the pyramids, INAH (pronounced EE-nah) is a major presence in Teotihuacán. Its approval is required to build anything inside the protected archaeological zone. Its officials patrol town looking for signs of illegal construction, and it is not hard to find stories about zealous inspectors stopping a homeowner from extending a kitchen a few feet.


It was also well known that INAH required excavations to be done with picks and shovels to minimize damage if digging uncovered ancient ruins. So the sight of bulldozers and backhoes stood out, especially when a sign went up announcing that a Bodega Aurrera was coming. Why, residents asked, should Wal-Mart get special treatment?


Among those who noticed was Sergio Gómez, an archaeologist and researcher for INAH. Mr. Gómez knew that before the agency issued a permit, it first had to officially “liberate” the plot by verifying that construction would not destroy valuable archaeological remains. That meant conducting a formal archaeological survey, with grid lines and exploration holes.


For any developer, a survey was risky. If significant remains were discovered, it could kill the project, or at least force lengthy delays. Yet Mr. Gómez had not seen any sign of a survey, an odd thing since a survey like this should have occupied a team of INAH researchers and laborers for a good six months. This, too, was a red flag.


Mr. Gómez was concerned enough to follow trucks from the site one day. When they dumped their loads, he could see fragments of pottery and other evidence of ancient remains. “I didn’t need to scratch the ground to see it,” he said in an interview.


Iván Hernández noticed, too. He was one of five INAH archaeologists who did surveys to liberate land for construction in the protected zone. He knew every major project in town, but nothing of this one.


Residents were also calling INAH to complain. The calls went to Juan Carlos Sabais, the agency’s top lawyer in Teotihuacán. He would have been the one to review the permit paperwork and prepare the official liberation letter for this plot. “We didn’t have a clue,” he recalled. “People were saying this was Wal-Mart, and we didn’t know a thing.”


Mr. Sabais led a party of INAH officials to the site to find out what was going on. They passed through a small crowd of angry residents. It was July 16, and construction was already well under way. There were several large excavations, one as deep as 16 feet, records show. Workers claimed they had an INAH permit, just not on site as the law required. Mr. Sabais ordered them to stop construction.“The crowd started clapping,” he said.


By the time Mr. Sabais returned to his office, senior INAH officials were calling from Mexico City demanding to know why he had halted construction. Only then, he said, did he discover that Wal-Mart had somehow managed to get a permit without a survey, or a liberation letter.


This bureaucratic miracle, Mr. Cicero would explain to Wal-Mart investigators and The Times, was made possible by another payoff. As Mr. Cicero described it, senior INAH officials had asked for an “official donation” of up to $45,000 and a “personal gift” of up to $36,000 in exchange for a permit.


Wal-Mart’s permit was signed by Mirabel Miró, then the agency’s top official in the State of Mexico. According to Ms. Miró, it was Wal-Mart de Mexico that made an improper offer of money. Her chief architect, she said, told her that Wal-Mart had approached him with an offer of a sizable “donation.” He wanted to accept, she said.



“I told him, ‘I don’t want a dime, not as a donation, not as anything, because it may be interpreted as something else,’ ” she said.


Sergio Raúl Arroyo, the director general of INAH, recalled in an interview that Ms. Miró had told him about Wal-Mart’s offer. He could not recall any other instance of a company offering a donation while it was seeking a permit. “That would have been totally irregular,” he said. “It was obvious we had to be very careful with these people.”


“I told Miró to accept no donations,” he added. “Not even a pair of scissors.”


And yet in June 2004, three weeks after Ms. Miró signed the permit, Mr. Resendiz spoke about a payment to INAH during his private meeting with Teotihuacán’s council. “INAH itself is asking us for a considerable contribution,” Mr. Resendiz said.


“We are going to formalize the contribution next Monday,” he added. “But it is a fact.”


Mr. Resendiz, who has been placed on administrative leave pending Wal-Mart’s investigation, declined to comment. Every INAH official interviewed, including Ms. Miró’s chief architect, Carlos Madrigal, denied accepting money from Wal-Mart.


But Mr. Sabais, the agency’s top lawyer in Teotihuacán, knew nothing about official donations or personal gifts on the day he stopped construction. All he knew was that he was being summoned to INAH’s headquarters in Mexico City. Over several tense meetings, he recalled, his bosses confronted their embarrassing predicament: INAH had halted construction even though Wal-Mart had the required permit. Yet the agency had given Wal-Mart that permit without first conducting a survey and liberating the land.


Fearing a public relations debacle, senior INAH officials concocted a trail of backdated documents to hide its blunders, Mr. Sabais said. He pointed to an INAH report dated April 2, 2004, seven weeks before the agency issued its permit. The report suggested Wal-Mart’s plot had been liberated after a 1984 survey. “This document,” Mr. Sabais said, “was made later to justify what had not been done.”


INAH officials would later tell multiple government inquiries that Wal-Mart’s plot had been liberated because of this 1984 survey.


The Times tracked down the 1984 survey. It had nothing to do with the land where Wal-Mart was building. The survey was done on a different plot several hundred yards away. The archaeologists who supervised and evaluated the survey were appalled to learn that it had been used to justify INAH’s permit for Wal-Mart. “This is a fraud,” Ana María Jarquín, one of the archaeologists, said in an interview.


In interviews last week, top INAH officials acknowledged for the first time that Wal-Mart’s plot had neither been surveyed nor liberated, either in 1984 or any other time, before construction began. They also made one other startling admission. The agency has long maintained no ancient remains were destroyed during construction. But Verónica Ortega, INAH’s top archaeologist in Teotihuacán, acknowledged it was indeed possible ancient remains were destroyed during the excavation before Mr. Sabais halted construction.


“I am not able to affirm categorically that no soil went out,” she said.


The work shutdown ordered by Mr. Sabais did not last long. Four days later, INAH allowed Wal-Mart to resume construction. The agency did take one precaution: it began an extensive survey, digging dozens of exploration wells alongside Wal-Mart’s crews.


A Gathering Protest


By now a loose protest movement had begun to form. Its leaders all had deep roots here. Lorenzo Trujillo owned produce stands in the public market. Emmanuel D’Herrera, a teacher and poet, had celebrated his son’s birth by tucking the boy’s umbilical cord in a crack atop the Moon pyramid. Emma Ortega was a spiritual healer who cared for patients a stone’s throw from the pyramid. “You feel that it’s part of you, and you are part of it,” she said.


The protesters immediately suspected something “dirty” had taken place, Ms. Ortega recalled. The first clue came on Aug. 1, 2004, when she and other protest leaders met with Mayor Rodríguez. By now the supermarket’s walls were being erected. They asked the mayor to show them the construction permit. The mayor, nervous and evasive, admitted Wal-Mart did not actually have one.


“So we were like, ‘Why are they there working?’ ” Ms. Ortega said. They asked the mayor to halt work and hold hearings. The mayor said he would think about it. Two days later, he issued Wal-Mart a construction license.


He signed it himself.


In response, the protesters demanded his resignation and filed the first of several legal challenges. Then they blockaded the construction site.


As word of the blockade spread, bells rang from a chapel in Purificación, the neighborhood where Wal-Mart was building. It was the alarm used to summon neighbors in an emergency. Residents marched toward the blockade.


“We thought they were there to support us,” Ms. Ortega recalled. “No. They were there to attack us.” The crowd descended on the small band of protesters, pushing and yelling insults until the blockade was broken.


What Ms. Ortega did not know was that Wal-Mart had already bought the support of Purificación’s neighborhood leaders. In interviews, several of those leaders recalled being invited to Mr. Rodríguez’s office to meet with the company’s representatives. The Wal-Mart people, the leaders said, offered money to expand their cemetery, pave a road and build a handball court. They offered paint and computers for Purificación’s school. They offered money to build a new office for the neighborhood leaders.


But the money came with strings: if there were any protests, they were expected to be visibly and loudly supportive of Wal-Mart.


Protest leaders began to get anonymous phone calls urging them to back off. In news conferences, the mayor dismissed them as a tiny minority of gadflies and self-interested local merchants. He insisted the town overwhelmingly favored Wal-Mart’s arrival, and as proof of his incorruptibility, he boasted of how he had rejected Wal-Mart de Mexico’s offer of a $55,000 donation to the municipal treasury.


But the tide turned as INAH’s archaeologists began to find evidence that Wal-Mart was building on ancient ruins after all. They found the remains of a wall dating to approximately 1300 and enough clay pottery to fill several sacks. Then they found an altar, a plaza and nine graves. Once again, construction was temporarily halted so their findings could be cataloged, photographed and analyzed. The discoveries instantly transformed the skirmish over Mrs. Pineda’s field into national news.


Student groups, unions and peasant leaders soon joined the protests. Opponents of other Wal-Marts in Mexico offered support. Influential politicians began to express concern. Prominent artists and intellectuals signed an open letter asking Mexico’s president to stop the project. Many were cultural traditionalists, united by a fear that Wal-Mart was inexorably drawing Mexico’s people away from the intimacy of neighborhood life, toward a bland, impersonal “gringo lifestyle” of frozen pizzas, video games and credit card debt.


The support emboldened the protesters. When the mayor held a news conference, they interrupted and openly accused him of taking bribes. They blockaded INAH’s headquarters and marched on Wal-Mart de Mexico’s corporate offices in Mexico City. “All we have found are closed doors and an ocean of corruption around the authorizations for this Wal-Mart,” Mr. D’Herrera told reporters with typical flourish.


Their allegations of corruption seeped into the news coverage in Mexico and the United States. In September 2004, an article in The Times included this passage: “How Wal-Mart got permission to build a superstore on farmland supposedly protected under Mexican law as an archaeological site has vexed the merchants here, who freely accuse the town, the state and the federal Institute of Anthropology and History of corruption.”


Open for Business


Back in Bentonville, Wal-Mart’s international real estate committee was aware of the growing attention from the news media, former members said in interviews. Some committee members cringed at the ugly optics of Wal-Mart literally bulldozing Mexico’s cultural heritage. “I kept waiting for someone to say, ‘Let’s just move sites,’ ” recalled one member, who, like others on the committee, asked not to be identified because of the continuing inquiry.


But top Wal-Mart de Mexico executives assured the committee that the situation was under control. They portrayed the protesters as a fringe group — “like they were from Occupy Wall Street,” another person recalled.


Despite multiple news accounts of possible bribes, Wal-Mart’s leaders in the United States took no steps to investigate Wal-Mart de Mexico, records and interviews show.


Mr. Tovar, the Wal-Mart spokesman, said that while executives in the United States were aware of the furor in Teotihuacán they did not know about the corruption allegations. “None of the associates we have interviewed, including people responsible for real estate projects in Mexico during this time period, recall any mention of bribery allegations related to this store,” he said.


In Mexico, government officials were looking for a way to quell the controversy. Mr. Arroyo, INAH’s director general, urged Wal-Mart de Mexico to build elsewhere. The state’s urban development ministry quietly searched for alternate sites outside the archaeological zone. Then, on Oct. 2, Mexico’s newspapers reported a major announcement: Arturo Montiel, the state’s governor, was looking for another site “that is better for all.”


With its supermarket more than half built, Wal-Mart de Mexico was not eager to accommodate the governor. The company raced to complete construction and mounted a public relations offensive. Executives argued that Wal-Mart de Mexico had scrupulously fulfilled every legal requirement: the zoning was correct, as confirmed by the map in the Government’s Gazette; necessary approvals had been duly obtained from INAH, traffic authorities and other agencies; the mayor himself had signed the construction license.


Not even a week after Mr. Montiel’s announcement, his top deputy told reporters there was, alas, no way to stop Wal-Mart. “We would be violating the law since they can tell us they complied with all that is required,” he explained.


The supermarket opened on Nov. 4, 2004. A year later, Mr. Cicero met with Wal-Mart’s lawyers and told his story for the first time. His allegations were shared with several of the same executives who were on the international real estate committee, records show. If the protesters’ vague allegations of corruption had been easy to dismiss, now they were coming from the person responsible for obtaining Wal-Mart de Mexico’s permits in Teotihuacán.


More important, Mr. Cicero’s allegations emerged as a comptroller for the State of Mexico was wrapping up a lengthy investigation into whether officials had acted unlawfully in granting permits to Wal-Mart de Mexico.


But Wal-Mart did not share Mr. Cicero’s allegations with any authorities in Mexico. “This is one of the areas we are reviewing as part of our ongoing investigation,” Mr. Tovar said.


When the comptroller’s office subsequently announced it had found no wrongdoing, it chided protesters for failing to present any specific proof.


The comptroller had been the protesters’ last hope. Most moved on, resigned to the idea that their struggle had been for nothing. But not Mr. D’Herrera. He continued to visit government archives, seeking access to Wal-Mart’s permit records. He kept appealing to public officials for help. “I shall continue my hunger strike until Wal-Mart leaves or until I die,” he wrote in a letter to Vicente Fox, Mexico’s president at the time.


Despite the passage of time, Mr. D’Herrera never wavered in his conviction that Wal-Mart must have paid bribes. He was appalled by the store’s impact on Teotihuacán, and infuriated that so few seemed to care. It did not go unnoticed when protest leaders were spotted shopping contentedly in the Bodega Aurrera, where people can buy everything from tortillas to tires, almost always at a substantial discount from local shops.


Friends and relatives urged Mr. D’Herrera to let it go, but he refused. “He became obsessed,” Ms. Ortega said. Mr. D’Herrera finally snapped. On May 16, 2009, he entered the Bodega Aurrera and placed a crude homemade bomb in a shopping cart. According to prosecutors, the bomb consisted of a small juice can containing gunpowder and nails. Mr. D’Herrera pushed the cart into the store’s home section, looked around to make sure the aisle was empty, and then lit a fuse poking from the can. His intent, he later wrote, was to kill himself and damage the store to draw public attention back to Wal-Mart. But all the blast did was knock him down and damage $68 worth of merchandise.


As he awaited trial from a prison cell, he continued his hopeless campaign. He wrote more letters to politicians. He asked his wife to publish his diatribes against Wal-Mart on an obscure poetry blog. Yet he clearly recognized the precariousness of his circumstances. He was thin and severely diabetic. His teeth were falling out. In early 2010, he asked a cellmate to deliver a letter to his wife in case he died in prison. A few months later, he had a brain hemorrhage and slipped into a coma. Death quickly followed. He was 62.


In his final letter to his wife, Mr. D’Herrera tried to explain why he had battled so long at such grievous cost.


“I am not leaving material patrimony for you and our son,” he wrote. “I’m leaving you a moral and political legacy, dying as I am for a cause, in defense of the Mexican culture.”


Josh Haner and James C. McKinley Jr. contributed reporting.



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Boeheim wins 900th, appeals for action on firearms


SYRACUSE, N.Y. (AP) — With his wife, Juli, looking on at the postgame press conference and his young children close by, Syracuse coach Jim Boeheim's final remarks were not about his milestone 900th career victory.


Instead, he was thinking about two 6-year-old boys who were buried Monday, victims along with 18 other children and six adults in a shooting massacre last week at an elementary school in Connecticut.


"If we cannot get the people who represent us to do something about firearms, we are a sad, sad society," Boeheim said Monday night. "If one person in this world, the NRA president, anybody, can tell me why we need assault weapons with 30 shots — this is our fault if we don't go out there and do something about this. If we can't get this thing done, I don't know what kind of country we have."


It was a sobering end to what was a memorable evening for Syracuse basketball. The third-ranked Orange's 72-68 victory over Detroit in the Gotham Classic made Boeheim just the third Division I men's coach to reach 900 wins.


Boeheim, 68 and in his 37th year at his alma mater, is 900-304 and joined an elite fraternity. Mike Krzyzewski (936) and Bob Knight (902) are the only other men's Division I coaches to win that many games.


"To me, it's just a number," said Boeheim, whose first victory was against Harvard in 1976. "If I get 900, have I got to get more? That's why maybe it's just not that important to me because to me it's just a number, and the only number that matters is how this team does."


So far, it's done OK.


James Southerland had 22 points for Syracuse (10-0), which increased its home winning streak to 30 games, longest in the nation. Detroit (6-5), which lost 77-74 at St. John's in the second game of the season and 74-61 at Pitt earlier this month, had its four-game winning streak snapped.


Dave Bing, Boeheim's college roommate, teammate and fellow Hall of Famer, and Roosevelt Bouie, a star on Boeheim's first team in 1976-77, were in the Carrier Dome crowd of 17,902.


Bing was standing tall in the locker room after the game.


"Nobody would have thought when we came here 50 years ago that either one of us would have had the kind of success we've had," said Bing, today the mayor of Detroit. "I'm so pleased and proud of him because he stuck with it. He's proven that he's one of the best coaches ever in college basketball, and he'll be No. 2 shortly."


After a victory that nearly was short-circuited, Boeheim was presented a jersey encased in glass with 900 emblazoned on it.


"I'm happy. I've stayed around long enough. I was a little nervous," Boeheim said at center court. "I'm proud to be here. To win this game is more pressure than I've felt in a long time. I wasn't thinking about losing until the end. That wouldn't have been a good thing to happen, but it very well could have."


Indeed.


Midway through the second half with Syracuse dominating, fans were given placards featuring cardboard cutouts of Boeheim's face with 900 wins printed on the back to wave in celebration. But when the public address announcer in the Carrier Dome invited fans to stick around for the postgame ceremony, the Titans roared back.


Juwan Howard Jr., who finished with 18 points, scored 14 over the last 6 minutes to key a 16-0 run, his two free throws pulling Detroit within 67-63 with 55.1 seconds left after the Titans had trailed by 20 with 6:09 to play.


"You know what, I didn't hear it, but the players probably heard because they sure came alive," Detroit coach Ray McCallum said. "This is a big stage. Guys sitting around the hotel watching television getting ready to play the No. 3 team in the country and they're talking about going for 900 wins, coach Boeheim. That's a lot for a young man to digest."


Michael Carter-Williams hit three of four free throws in the final seconds to secure the win.


"Michael made big-time free throws you've got to make. If he misses a couple, it's a new game. That was the difference," Boeheim said. "We have not been in that situation. Hopefully, we'll learn from that."


Carter-Williams finished with 10 assists and 12 points, his sixth straight double-double.


"It was great to be part of this," Carter-Williams said. "It's a part of history."


Doug Anderson scored 18 points and Nick Minnerath had 13 for Detroit. Ray McCallum Jr., the coach's son and Detroit's leading scorer at 19.4 points per game, finished with nine, while Jason Calliste had seven.


Southerland scored a career-high 35 points, matching a school record with nine 3-pointers, in a win at Arkansas in late November and, after an 0-for-10 slump over three games, found his range again Saturday night with three 3s in a win over Canisius. He finished 5 of 8 from behind the arc against the Titans.


One of the keys to breaking Syracuse's 2-3 zone is hitting the long ball, and Detroit struck out in the first half. The Titans were 0 for 10 and the lone 3 they did make — by McCallum with just over 6 minutes left — was negated by a shot-clock violation.


Detroit could only lament what might have been if a couple had gone in.


"We never gave up. That's a tribute to our team," Howard said. "We had the right attitude. We played a tough opponent. You usually don't want a moral victory, but we can take some positives from this game."


Syracuse plays again Saturday against Temple in Madison Square Garden, and the Orange faithful are likely to be out in numbers as they usually are when the team plays there.


Boeheim was effusive in praise of the support the team has received during his long tenure. Syracuse has had 71 crowds of over 30,000 since the Carrier Dome opened in 1980 and holds the NCAA on-campus record of 34,616, set nearly three years ago against Villanova.


"The support of fans cannot be overestimated," he said. "You have to have that kind of support in your building to bring recruits in, to help you play better. We've had a tremendous loyal fan base. That's why I always felt this was a great place to coach and why I never really thought about going anywhere else. The support from the fans is the No. 1 thing you have to have."


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