Explaining The Bill of Rights

Video: Part of a series exploring the first ten amendments of the U.S. Constitution and what they mean.

Neuron Firing Pattern Tied To Reward Circuit

   (NIH) - 12/24/2012 - A specific pattern of neuronal firing in a brain reward circuit instantly rendered mice vulnerable to depression-like behavior induced by acute severe stress, a study supported by the National Institutes of Health has found. When researchers used a high-tech method to mimic the pattern, previously resilient mice instantly succumbed to a depression-like syndrome of social withdrawal and reduced pleasure-seeking — they avoided other animals and lost their sweet tooth. When the firing pattern was inhibited in vulnerable mice, they instantly became resilient.
   "For the first time, we have shown that split-second control of specific brain circuitry can switch depression-related behavior on and off with flashes of an LED light," explained Ming-Hu Han, Ph.D., of the Mount Sinai School of Medicine, New York City, a grantee of NIH’s National Institute of Mental Health (NIMH). "These results add to mounting clues about the mechanism of fast-acting antidepressant responses."
   Han, Eric Nestler, M.D., Ph.D.,of Mount Sinai, and colleagues, report on their study online, Dec. 12, 2012, in the journal Nature.
   In a companion article, NIMH grantees Kay Tye, Ph.D., of the Massachusetts Institute of Technology, Cambridge, Mass., and Karl Deisseroth, M.D., Ph.D., of Stanford University, Stanford, Calif., used the same cutting-edge technique to control mouse brain activity in real time. Their study reveals that the same reward circuit neuronal activity pattern had the opposite effect when the depression-like behavior was induced by daily presentations of chronic, unpredictable mild physical stressors, instead of by shorter-term exposure to severe social stress.
   Prior to the new studies, Han's team suspected that a telltale pattern — rapid firing of neurons that secrete the chemical messenger dopamine in a key circuit hub — makes an animal vulnerable to the depression-like effects of acute severe stress, and that slower firing supports resilience. But they lacked direct, real-time evidence.
   To pinpoint cause-and-effect, they turned to a research technology pioneered by Deisseroth, called optogenetics. It melds fiber optics and genetic engineering to precisely control the activity of a specific brain circuit in a living, behaving animal. Genetically modified viruses are used to inject light-reactive proteins, borrowed from primitive organisms like algae, to make the circuitry similarly light-responsive.
   The researchers had previously shown that neurons in the reward circuit hub deep in the brain, called the ventral tegmental area (VTA), fire at normal rates in social stress-resilient mice, but at high rates in social stress-susceptible mice. So they embedded an LED-lit optical fiber aimed at the VTA circuitry of genetically modified resilient mice to convert them into susceptible mice by triggering high firing rates.
   Normally, it takes 10 days of repeated encounters with a dominant animal — an experimental procedure called social defeat stress — to induce depression-related behaviors. Even after that, some mice emerge seemingly unscathed. But these resilient animals — in which the reward circuit had been genetically modified for optogenetic control — instantly succumbed to a long-lasting depression-like syndrome after light pulses triggered neural activity mimicking the high firing rates seen in the susceptible animals.
   In subsequent experiments, using similar optogenetic strategies, the researchers discovered that inhibiting the reward circuit activity pattern in stress-susceptible mice instantly converted them into stress-resilient animals. The reward circuit projects from the VTA to an area in the center front of the brain, called the nucleus accumbens. This study suggests that dopamine neurons firing at high rates in this specific circuit projection encode a signal for susceptibility to depression induced by acute, severe stress. By contrast, a circuit projection from the VTA to the prefrontal cortex, in the top front of the brain (see diagram), was found to serve an opposite function
   Depression in humans often stems from milder stressors over longer periods of time. Tye and Deisseroth used optogenetics to probe reward circuit workings related to depression-like behaviors in rodents exposed to stressors like white noise, crowded housing, or continuous darkness or illumination. Exposure to some of these milder stressors lasted 10 weeks, compared to the 10-days of social defeat stress.
   "We sought to mimic gradual, stress-induced transitions to depressed-like states, as are often seen clinically," explained Deisseroth, who is a practicing psychiatrist as well as a neuroscientist.
   In contrast to the Han-Nestler results after social defeat stress, following 10 weeks of unpredictable chronic mild stress, optogentically inducing high firing rates in VTA dopamine neurons instantly reversed such depression-like behaviors induced by chronic mild stressors — and vice versa. Also opposite to the social defeat stress findings, optogenetically inhibiting VTA dopamine neurons induced depression-like states.
   "The variable effects that stressors of different types induce in the dopamine system may point to the need for distinct treatment strategies for patients whose depressions stem from different types of experiences," said Tye, who is leading a research group studying the neural underpinnings of motivational and emotional processing.
   When Tye and Deisseroth infused agents that block binding of the chemical messenger glutatmate in the nucleus accumbens, they produced an antidepressant response – mice struggled more to escape the stressor. They note that this is consistent with the effects of the fast-acting antidepressant ketamine, which similarly blocks glutamate.
   While optogenetics is providing insights into rapid antidepressant mechanisms, the technique is not suitable for treatment of depression in humans.
   "These stunning demonstrations that depression-like states can literally be switched on and off underscore that context — stressor type and intensity — is pivotal in the workings of the neurons and circuit implicated," said NIMH Director Thomas R. Insel, M.D. "These new, precise circuit breakers are advancing our understanding of how specific brain pathways regulate behavior."

Economic Confidence Higher Year Over Year

   RIVERWOODS, Ill.- (BUSINESS WIRE) - 12/5/2012 -The Discover U.S. Spending Monitor declined 2.7 points to 95.4 in November from 98.1 in October, reflecting lower consumer confidence in personal finances. However, consumers indicated that they intend to spend more in December during the holiday season. The Monitor is a 5-year-old daily poll tracking economic confidence and spending intentions of nearly 8,200 consumers throughout the month.
Consumers Maintain Economic Confidence
   The percentage of consumers rating the U.S. economy as good or excellent remained the same as October at 18 percent, up 10 percentage points from November 2011.
   In November 2012, 51 percent of consumers viewed the economy as poor, an 11-point decrease from November 2011.
   Female respondents who rated the economy as good or excellent in November increased 2 percentage points to 18 percent compared to October. However, male respondents who rated the economy as good or excellent declined 3 percentage points from October, also to 18 percent.
   Remaining at a Monitor high, 35 percent of respondents expect the economy to improve, a 16-point year over year improvement from November 2011.
   Consumers with an income of greater than $75,000 and those making between $40,000 and $75,000 both reported a decline in expectations of the economy getting better (down 2 points to 44 percent from October and down 1 percentage point to 34 percent, respectively). However, those making less than $40,000, who felt the economy was getting better, increased 3 percentage points to 31 percent.
Outlook on Personal Finances Declines
   Consumer outlook on personal finances declined from October to November 2012, but remained up year over year.
   Consumers rating their personal finances as good or excellent declined 2 percentage points in November from the previous month to 35 percent. However, this is 2 percentage points higher than November 2011.
   While the percent of respondents who expect their personal finances to improve in the future declined 2 points from October to 26 percent, this is 7 percentage points higher than November 2011.
Respondents between ages 18 to 39 who rate their personal finances as poor increased 7 points from October to 28 percent.
Consumers Intend to Spend More in December

   Despite a decline in confidence about their personal finances, 39 percent of consumers are gearing up for the holidays and have plans to increase their spending in December. This is up 9 percentage points from last month and is typical this time of year. Twelve percent of consumers also plan on increasing their discretionary personal spending such as going out to dinner and the movies, up 3 percentage points from last month.
   However, consumers plan to offset their discretionary spending in other areas.
   On major personal purchases such as a vacation, 46 percent expect to spend less, up 1 percentage point from October.
   On household expenses, such as gas and groceries, 9 percent of consumers expect to spend less next month, up 2 percentage points from October.
   Consumers also plan to spend less on household improvements next month, a 2-point increase from October to 49 percent.
   42 percent of respondents intend to save or invest less in December, up 4 percentage points from last month.
About Discover U.S. Spending Monitor
    The Discover U.S. Spending Monitor is a monthly index of consumer spending intentions and capacity that is based on interviews with a random sample of 8,200 U.S. adults conducted at a rate of 275 per night. In addition to spending, the survey asks consumers their opinions on the U.S. economy and their personal finances. The Monitor began in May 2007 with a base index of 100. Surveys are conducted by Rasmussen Reports, an independent survey research firm (http://www.rasmussenreports.com).

Zillow, Inc. Faces Class Action Suit Over Stock

   SEATTLE - (BUSINESS WIRE) - 11/30/2012 - Securities law firm Hagens Berman Sobol Shapiro, LLP (“Hagens Berman”), recently  announced the filing of a class-action securities lawsuit against Zillow, Inc. (NASDAQ:Z) (“Zillow”) on behalf of a proposed class of investors who purchased Zillow stock during the period from Feb. 15, 2012, to Nov. 6, 2012 (the “Class Period”), inclusive.
    Shareholders who purchased or otherwise acquired Zillow common stock during the Class Period are encouraged to contact Hagens Berman attorney Karl Barth at 206-623-7292 or to contact the Hagens Berman legal team through e-mail at Zillow@hbsslaw.com to discuss their legal rights. Investors can also contact Mr. Barth by visiting www.hb-securities.com/cases/Zillow.
    Investors who wish to serve as lead plaintiff in the case must move the court no later than Jan. 28, 2013. Any member of the proposed class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. Class members need not seek to become a lead plaintiff in order to share in any possible recovery.
    Hagens Berman’s lawsuit, filed Nov. 29, 2012, in the United States District Court for the Western District of Washington, alleges that Zillow and certain of its officers violated the Securities Exchange Act of 1934.
    On Nov. 5, 2012, Zillow announced its third quarter, 2012, financial results and reduced guidance for the fourth quarter and the full 2012 year. On the news, Zillow’s stock price fell nearly 18 percent, closing at $28.15 per share.
    The complaint alleges that the defendants issued false and misleading statements to investors during the Class Period, causing the company’s stock to trade at an artificially high level. It claims the company misled investors regarding issues the company was having in signing up new real estate agents as subscribers, among other issues.
    The complaint further alleges that company insiders sold 3.1 million shares of Zillow stock for nearly $115 million while the stock traded at an artificially high price.
    The plaintiff in the case seeks to recover damages on behalf of the class and is represented by Hagens Berman Sobol Shapiro, LLP. Hagens Berman is a nationwide investor-protection law firm, with many years of experience prosecuting investor class actions and actions involving financial fraud.
    For more information about Hagens Berman Sobol Shapiro, LLP, or to review a copy of the complaint filed in this action, visit www.hb-securities.com/cases/Zillow.

Officials Target Civil Business Opportunity Cases

   (USDOJ) - 11/15/2012 - The Justice Department announced on Nov. 15 the filing of several criminal and civil business opportunity fraud cases, initiated as part of a joint sweep with the Federal Trade Commission and several states. Business opportunity fraud schemes take advantage of people looking for work by luring them in with false promises of big profits and leaving them worse off than they started. The cases include criminal charges against 14 individuals and civil cases against three businesses. The criminal and civil cases announced today are part of a series of investigations named “Operation Lost Opportunity.”
    The Justice Department’s cases are part of the efforts of the President’s Financial Fraud Enforcement Task Force and are being handled by the Civil Division’s Consumer Protection Branch, in coordination with the U.S. Attorney’s Offices for the Central District of California, the Southern District of California, the Southern District of Florida, the District of Oregon, the Western District of North Carolina, the Western District of Pennsylvania and the Southern District of Texas.
    Seven different business opportunity schemes are the targets of the Justice Department’s actions.   According to the charging documents, the criminal schemes involved placement of advertisements online and in newspapers that touted the profits that could be earned by purchasing a business opportunity to own and operate vending machines or display racks.   The United States alleges that the schemes operated as follows:     Salespeople explained that consumers who purchased the opportunity would earn substantial income from the equipment.   According to the sales pitch, the vending machines or display racks would be placed in store locations in the purchaser’s hometown and would offer candy, refreshments or jewelry, depending on which opportunity was being offered.   According to the sales pitch, the purchaser would then receive profits based upon sales from the vending machines or display racks.
    “In an attempt to lure wary consumers, fraudsters have crafted business opportunity schemes that promise what appear to be more realistic returns backed up by false success stories,” said Tony West, Acting Associate Attorney General.   “But we are more determined than ever to bring to justice those who are defrauding Americans out of their time, money, and faith in our economic system – this law enforcement sweep represents a coordinated effort to combat business opportunity fraud on multiple fronts.”
    Enticed by the promise of a “turnkey” business, hundreds of consumers lost millions of dollars purchasing the fraudulent business opportunities targeted in this sweep.   The four businesses involved in the criminal component of the sweep include the following:  

·          Mark Five Inc., a Houston company that promoted a jewelry business opportunity.   O n November 12, 2012 and November 14, 2012, the Department of Justice filed criminal informations charging Billie Joyce Sanders and Michael Cupina in connection with their conduct at Mark Five.   Each defendant was charged with conspiracy, which carries a maximum prison term of five years.   According to the charging documents, Mark Five salespeople referred potential business opportunity buyers to Sanders and Cupina, who falsely claimed to own and operate successful jewelry display racks.   One other individual was previously charged in connection with Mark Five.   In February 2012, a grand jury in Houston indicted Mark Five principal Robert King on charges of conspiracy to commit mail and wire fraud, and substantive mail and wire fraud.   King’s trial is scheduled for February 2013.
·          The Lauren Jewelry Collection, an Atascocita, Texas, company that promoted a jewelry business opportunity.   On November 13, 2012, the Department of Justice filed a criminal information in the Southern District of Texas charging Regina Rush in connection with the Lauren Jewelry Collection.   Rush was charged with one count of conspiracy, which carries a maximum prison term of five years.   According to the charging document, Rush served as the proprietor of the firm and made false representations about the success of distributors and the authenticity of references.   The charges state that Rush encouraged potential purchasers to call references who made false statements about their experiences with the Lauren Jewelry Collection.
·          American Vending Systems (AVS), a Colorado company that promoted energy candy business opportunities.   On November 14, 2012, the Department of Justice filed a criminal information in the Western District of Pennsylvania charging Pearl Pastilock in connection with her conduct at AVS.   Pastilock was charged with one count of conspiracy, which carries a maximum prison term of five years.   According to the charging document, AVS salespeople referred potential buyers to Pastilock, who falsely claimed to own and operate successful energy candy vending machines.   Five other individuals were previously charged for their conduct at AVS and related firms.   Richard Black, Gary Luckner, Lou Gubitosa, Trey Friedmann and Mel Hendricks were all charged and pleaded guilty to conspiracy charges for this conduct.
·          Multivend LLC, dba Vendstar, a New York company that promoted candy vending machine business opportunities.   On Oct. 10, 2012, a grand jury in the Southern District of Florida indicted 10 individuals for misrepresenting a number of facts in connection with the sale of Vendstar business opportunities.   More information about these charges can be found at:  
    The charging documents referred to above contain only accusations against the defendants and are not evidence of guilt.   The defendants should be presumed innocent unless and until proven guilty.
    The civil cases the Justice Department filed allege that three businesses violated the Federal Trade Commission’s Business Opportunity Rule.   The businesses include:
·          The Zaken Corp., also doing business as The Zaken Corporation, QuickSell and QuikSell, (Zaken).   Zaken is alleged to be a Thousand Oaks, Calif., corporation that offers a work-at-home business opportunity.   According to the complaint against Zaken and its corporate officer Tiran Zaken, the defendants offer consumers a business plan to locate and contact businesses with excess inventory to sell.  The complaint alleges that Zaken represents that once purchasers of the opportunity identify businesses interested in selling excess inventory, Zaken will find a buyer for the inventory and give the purchaser a “finder’s fee” equal to half of the total sales price.   Among other allegations, the complaint filed by the Justice Department alleges that Zaken makes unsubstantiated claims, including that purchasers “can make thousands of dollars monthly for working just 2 to 4 hours a week from home.”   This case was filed in the U.S. District Court for the Central District of California.
·          Christopher Andrew Sterling, doing business as Sterling Visa, Rebate Data Processors and Credit Card Workers.   Sterling is alleged to have run several work-at-home schemes from Southern California.  According to the complaint, Sterling represents that purchasers of his opportunity will make a substantial income by “processing” applications for product rebates or credit card applications. Among other allegations, the government’s civil complaint alleges that Sterling failed to make required disclosures under the FTC’s Business Opportunity Rule and made unsubstantiated earnings claims.   This case was filed in the U.S. District Court for the Southern District of California.
·          Smart Tools LLC, a Tualatin, Ore., company.   The complaint against Smart Tools and its corporate officer, Kirstin Hegg, alleges that the defendants have marketed a work-at-home business opportunity that teaches purchasers to locate people who are eligible for a partial refund of their FHA mortgage loan insurance premium.   According to the complaint, the defendants tell potential buyers that they can charge a fee for information on how to obtain the refund.   The defendants allegedly sent postcards to potential buyers stating that purchasers can earn up to $38,943 per year without stating what, if any, substantiation supports the earnings claim.   Such a claim violates the FTC’s Business Opportunity Rule.   This case was filed in the U.S. District Court for the District of Oregon.