Attorney: Ex-billionaire doesn't have resort sale documents

BILLINGS, Mont. — An attorney for ex-billionaire Tim Blixseth said the real estate mogul could not meet a Friday deadline to produce all of the information on the sale of a resort in Mexico because some documents are not in the U.S.

Attorney Philip Stillman said, however, that Blixseth already has adequately accounted for the money from the $13.8 million sale of the Tamarindo resort.

U.S. District Judge Sam Haddon sent Blixseth to jail in December for not accounting for millions of dollars he owes creditors. The judge had first ordered that information produced more than a year ago.

The 9th U.S. Circuit Court of Appeals ordered Blixseth released from the county jail in Missoula after a week. Blixseth still could be returned to custody if he doesn't satisfy Haddon.

The judge signed an order Wednesday requesting help from Mexican courts to get information on the sale. Stillman said that process could take six months.

Blixseth has claimed he no longer has the money from Tamarindo, which included hotels and condominiums in the state of Jalisco. He originally paid $40 million for the property.

During a Jan. 23 hearing, Haddon told Blixseth's attorneys that difficulty locating documents in Mexico was no excuse for further delay.

"Something happened to the money," Haddon said, according to a transcript of the hearing. "Telling me that Mr. Blixseth is looking to some guy in Mexico for the solution to the problem is not going to carry the day."

Creditors have suggested Blixseth is trying to hide the sale proceeds along with hundreds of millions of dollars more that Blixseth took from Montana's Yellowstone Club, an elite ski and golf resort near Big Sky that counts Microsoft's Bill Gates as a member.

Creditors' trustee Brian Glasser said Blixseth already offered eight sets of conflicting accounts about the money from Mexico. Glasser said a return to jail for Blixseth "is clearly an option left to the court."

Stillman said it was unlikely Haddon will send his client back to jail.

"Maybe there's some bank records missing that are back-up documentation but all of the money has been accounted for, virtually down to the penny," Stillman said. "To the extent that we don't have things now, and don't get cooperation from other people, we're going to have to wait."

Blixseth, who resides in Washington state, founded the Yellowstone Club with his then-wife, Edra Blixseth, in the late 1990s. It spiraled into bankruptcy soon after he gave up control of the resort as part of the couple's 2008 divorce.

The club is now under new ownership

State tax authorities say Blixseth owes $57 million from unpaid taxes on a $375 million loan to the club that Tim and Edra Blixseth largely diverted for their personal use.

Glasser and the Yellowstone Club Liquidating Trust, which represents the club's remaining creditors, are trying to collect on $241 million in judgments against Blixseth stemming from the bankruptcy.

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Survey: 80% say Brian Williams should lose his anchor seat

Brian Williams may have a hard time retaining his popularity with viewers considering the results of a survey commissioned by Variety regarding the news anchor's false claims to have been on a helicopter shot down by enemy fire in Iraq.

An overwhelming 80% think that Williams should no longer continue as a news anchor for NBC, according to a survey conducted Thursday by celebrity brand expert Jeetendr Sehdev, who polled 1,000 people who either watched or read the anchor's apology.

If Williams keeps his seat in the anchor chair, he will have to face an uphill climb to regain viewers trust. Seventy percent of respondents surveyed by do not believe that Williams will overcome the mistake.

Eight out of 10 respondents reported that they will now struggle to believe what Williams says following his admission that he "made a mistake in recalling the events 12 years ago," as he said during his Wednesday night newscast.

Seventy percent did not describe Williams' apology as sincere, with 60% believing that the anchor attempted to minimize the significance of his fabricated story in his apology.

Sehdev interpreted the result as a reflection that transparency, authenticity and responsiveness are the most critical elements of credibility in this case, even though Williams is still considered an experienced journalist.

"It's no surprise that super savvy audiences today didn't believe Williams' scripted 'fog of memory' explanation or his apology. Williams didn't tell the story to thank a 'special veteran' but falsified the story to celebrate himself," noted Sehdev.

Half of the respondents believed that Williams changed his story in order to present himself as a hero, with slightly more answering that his celebrity status does not help his credibility.

The survey yielded one optimistic note for Williams: six out of 10 respondents indicated they would be willing to forgive him.

© 2015 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC

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Data of 80M Anthem customers stolen

The computer breach at the country's second-largest insurer is the latest attack on a health care company as hackers aim their sights at valuable information found in medical records, one expert said.

"Everyone in health care knows it's a problem; everyone in health care is taking it very seriously," said John Halamka, chief information officer at Beth Israel Deaconess Medical Center. "Protecting patient data is our mission, but the problem is getting harder to solve than ever."

Yesterday, Anthem Inc., which covers more than 37 million people throughout the country, said data for about 80 million customers were stolen, including names, Social Security numbers, birthdates and street addresses, in a "very sophisticated" attack. Bloomberg reported the company is eyeing Chinese state-sponsored hackers.

Halamka said medical records are an inviting target to hackers. On the black market, medical records go for about $150 each, compared to a dollar for a credit card.

"What we're talking about with medical identity theft is a health care shopping spree; I can get the surgery I need, the health care I can't afford," he said.

Halamka said Beth Israel is spending roughly $3 million a year to keep patient data safe.

"Every day when I wake up, security is one of the first things that I think of," he said.

Anthem does not write policies in Massachusetts, but residents who work for companies based in other states may be affected, according to the state Division of Insurance. Attorney General Maura Healey's office plans to investigate the scope of the data breach in Massachusetts.

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Hot Property: Take a swing at Big Papi’s condo

"Big Papi" wants to sell you his penthouse complete with his own furnishings.

Red Sox legend David Ortiz is selling his three-­bedroom condo atop a six-story midrise called the Water­mark. Built in 2007, the 81-unit building is part of the Waterworks at Chestnut Hill complex on the Brighton-Newton line that also includes three historic municipal water buildings converted into high-end condos on an 8.8-acre site.

The Watermark Penthouse 606 has almost 3,100 square feet of living space on one level and comes with two deeded garage spaces.

And while it is within the city borders, its sweeping views of the Chestnut Hill Reservoir across the street make Big Papi's place feel far way from congested Brighton, although it's only a quarter mile from Cleveland Circle.

But this penthouse retreat has a big signing price — $3.2 million.

Keep in mind the asking price includes the Ortiz family's living, dining, kitchen­ and bedroom furniture as well as its outdoor patio furniture. Big Papi is also throwing in five flatscreen TVs as well as central surround-sound system with high-end Bowers & Wilkins living-room speakers.

"All a new owner has to do is turn the key," said listing broker Paul Colleary of Braintree's Dream Realty, who has worked with Ortiz since 2004, taking him to see over 100 properties and helping him buy four places.

"David is a great guy to work with, very easygoing," said Colleary. "Whenever he signs a new contract, he starts looking around for a new place."

It's not that Ortiz is selling off all his belongings. The slugger's primary Bay State home is a secluded single-family in Weston. He bought the Watermark penthouse a few years ago as a quiet and convenient place for him and his family to stay during the long Red Sox season. Fenway Park is only three miles away.

The penthouse has star quality, most notably with its two large terraces with sweeping views, ideal for outdoor entertaining. Colleary said the view of the daily sunsets over the reservoir from the living-room deck are spectacular. But Ortiz found the larger of the two spaces, a 330-square foot deck off the kitchen, inviting for other reasons.

"It overlooks three community baseball diamonds at Cassidy Park, and Big Papi loved to sit out there and watch the kids play ball, including his son," said Colleary. "He also entertained out there a lot."

The interior of the penthouse is anything but average. There's floor-to-ceiling windows in the large living/dining area that has tray ceilings, a gas fireplace and an elaborate wood chandelier. And glass doors lead out to a 120-square-foot balcony with sweeping views.

The spacious kitchen has a large array of custom cherry­wood cabinets, granite counters and a cabinet-encased Sub-Zero refrigerator and a Wolfe gas oven and cooktop with an enormous wooden hood. There's an eat-in breakfast nook or else dine outdoors on the terrace.

The master bedroom suite is worthy of a star with floor-to-ceiling bedroom windows with automated shades and a king-size walk-in closet with cherrywood built-ins that held Big Papi's extensive wardrobe. There's the marble bathroom, with a supersized soaking tub, and there's even an attached home office with a separate entrance where Ortiz tended­ to business.

The other two bedrooms also each have en suite marble bathrooms.

There's some superstar expenses too. The yearly taxes are $28,047 and the condo fee is a steep $2,875 per month, but that does include heat, hot water and gas and a 24/7 concierge. And the Waterworks complex has a fitness facility, function room and even a Waterworks Museum on site.

Colleary said Ortiz's owner­ship has drawn some well-heeled sports fans to look at the property and that the penthouse could work well for another professional athlete, particularly someone just traded into Boston.

"We'll see what happens at Red Sox spring training," Colleary said. "If I haven't sold the property by then, there's some good prospects down there."

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Partners prescribes Dr. David Torchiana as new CEO

Partners HealthCare has named its newest chief executive officer after a four-month search — as the health care giant deals with a judge's rejection of a deal that would have allowed a merger between Partners and three regional hospitals.

Dr. David Torchiana will be the fifth CEO since the founding of Partners in 1994 and will serve as the president and CEO on a date to be determined in March, the organization said. He will succeed Dr. Gary Gottlieb, who is expected to step down by July 1 after five years at the helm.

Torchiana now serves as the chairman and CEO of Massachusetts General Physicians Organization, the largest such group in New England with more than 2,000 physicians.

"I am looking forward to my new role at Partners HealthCare as its next president and CEO," Torchiana said in a statement. "Improving patient care is the reason our institutions exist."

The announcement follows a blow to Partners' expansion plans late last month, when the proposed merger with South Shore, Lawrence Memorial and Melrose-Wakefield hospitals was nixed by Judge Janet Sanders. Attorney General Maura Healey has threatened to sue if Partners goes ahead without a negotiated deal to prevent costs from going up.

Torchiana is a Yale graduate who went on to Harvard Medical School, where he is an associate professor of surgery. He completed his residencies at Massachusetts General Hospital.

"Dr. Torchiana possesses the instincts and the political savvy to be an outstanding leader for Partners," said Edward Lawrence, chairman of the board of directors.

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Bridj-ing gap between Uber costs, T woes

The pop-up bus service Bridj is offering free rides in the Boston area through tomorrow night, a stark contrast to the ride-sharing service Uber, which capitalized on long MBTA delays this week by more than tripling fares at times.

Bridj's payment processor requires the company to list trips — which ordinarily cost between $3 and $5, depending on the time of day — for at least 50 cents, but all trips are free this week when cus­tomers download Bridj's app and use the promo code "isitsummer," spokesman Ryan Kelly said.

"We lose thousands of dollars every day by doing this, but hopefully will gain new customers who've never tried our service before," said CEO Matthew George.

"And it's just the right thing to do. When you combine this unprecedented bout of terrible weather with the T's aging infrastructure, that really disrupts transit service. For some people, that's just an inconvenience; for others, not being able to get to work can mean not being able to pay their rent."

But during the evening commute Tuesday, many commuters who hadn't heard of Bridj, which opened in Boston only last June, and tried to get around via Uber received an unwelcome surprise: Fares had climbed 3.2 times the normal rates.

"Dynamic pricing ensures a reliable ride at the push of a button, whenever and wherever you need it, especially at times when other transportation options aren't available," Uber spokesman Matthew Wing said in an email. "And remember that when the weather's bad, you can use our in-app Fare Split feature to share your ride and cut the fare in half."

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Australia cuts interest rate to record low 2.25 percent

SYDNEY — Australia's central bank cut its benchmark interest rate to a record low of 2.25 percent on Tuesday in a bid to jolt an economy weighed down by falling commodity prices.

The Reserve Bank of Australia's quarter percentage point rate cut at a monthly board meeting was its first since August 2013 and came as a surprise to many economists, who expected the bank to hold off on lowering the rate until later in the year.

The news shook the Australian dollar which dropped 1.8 percent 76.5 cents. The stock market was boosted, with the S&P/ASX 200 up 1.3 percent.

Resource-rich Australia managed to avoid a recession during the global financial crisis thanks to a decade-long mining boom. But with the economy weakening in China, which is Australia's largest export market, prices for commodities such as iron ore and coal have dropped.

In a statement, the central bank's governor Glenn Stevens pointed out that commodity prices have continued to decline, "in some cases sharply," particularly oil.

The bank also said that while the U.S. economy had strengthened, European and Japanese economies were weaker than expected, and forecasts for global growth this year were moderate.

"In Australia the available information suggests that growth is continuing at a below-trend pace, with domestic demand growth overall quite weak," Stevens said. The fall in oil prices would offer "significant support" to consumer spending but that is partly offset by weakening growth in incomes, he said.

"The economy is likely to be operating with a degree of spare capacity for some time yet," he said.

Treasurer Joe Hockey dubbed the rate cut good news that would bolster the country's economy.

"It is going to help to create more jobs because business is going to be able to pay less for their debt, as consumers should pay less for their debt and as people with a mortgage should pay less for their debt," he told reporters in Canberra, the nation's capital.

Stevens has repeatedly stressed that the Australian dollar is too high, despite the currency plummeting in recent weeks to around 77 U.S. cents, the lowest level since the global financial crisis. The Australian dollar reached an all-time high of $1.10 in 2011.

In his statement Tuesday, Stevens acknowledged the Australian dollar had declined noticeably, but said it remains above most estimates of its fundamental value. "A lower exchange rate is likely to be needed to achieve balanced growth in the economy," he said.

Spiros Papadopoulos, senior economist at National Australia Bank, suspects the bank will cut the rate again later this year, though not at its next meeting.

"The combination of weak growth, further increases in unemployment and a very subdued inflation outlook has really given them that room to maneuver," he said.

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Ink Block area to get boutique hotel

A contemporary 200-room, design-focused boutique hotel is planned for Boston's South End, next to the Ink Block project that's helping to reshape a once drab area now undergoing significant redevelopment.

Newton's National Development hopes to start construction this year on an AC Hotel by Marriott on the former FW Webb and Independent Taxi sites on Albany Street, with a 2017 targeted opening.

"We've been trying to ... create an interesting and exciting urban community, and the hotel really supports the restaurants and retail activity that we're creating," managing partner Ted Tye said.

The Ink Block occupies the former Boston Herald headquarters site and includes a new Whole Foods Market and apartments. The Sepia condos are set to open in September, and multiple retail shops and restaurants are in the works. Herald publisher Patrick J. Purcell has a minority stake in the development.

As a select-service property, the hotel will not have its own large restaurant or meeting space, but will have a fitness facility and small bar, with parking at the Ink Block.

"We'll really focus on using the restaurants within Ink Block for the hotel," Tye said. "I want the activity of the Ink Block to be a real draw for (guests) of the hotel who want to stay down in this neighborhood."

National Development will own the hotel as a Marriott franchisee and hire an outside company to manage it.

AC Hotels started in Europe in 1998 before affiliating with Marriott in 2011. The chain has one U.S. hotel, in New Orleans, with others slated to open this year in Washington, D.C., Miami Beach and Kansas City.

It's a great brand for urban locations, particularly hip and gentrified ones, according to Andrea Foster, senior vice president and New England practice manager for PKF Consulting.

"The South End is a good location for an AC Hotel within Boston," she said.

And now is a good time in the hotel industry to build.

"We're still seeing improvements in performance (in the Boston market), and now we're seeing a lot of development happening because occupancy and rate increases are so good," Foster said.

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FAA has work to do on drones

The FAA should focus on public awareness, a top drone expert says, after a high-profile drone breach at the White House and with the FAA's proposed regulations expected soon.

"What is more needed is public awareness of flight safety. Cars are dangerous, lawnmowers are dangerous, but you learn how to do it, there's some awareness of safety you have to have," said Helen Greiner, chief executive of CyPhy Works, a drone startup and a co-founder of iRobot. "The record of safety is pretty phenomenal for these UAVs, and what's missing is people with awareness of the rules."

Last week, a wayward drone crashed into the White House, setting off a security scare and reigniting conversations about drone regulations.

The FAA has been working on proposed regulations for drones, but they have not yet been released for public comment and are unlikely to be finalized for at least two years. The regulations will include rules for hobbyist and toy drones, according to a report by Forbes.

While businesses wait for clarity about the legal uses for drones, regular citizens are taking to the skies.

"The thing that's almost an Alice in Wonderland situation is hobbyists can fly anything they want. That kind of worked when the hobbyists were the hackers, engineers, people who put a lot of time into learning how to fly," Greiner said. "What's changed is now you can pick up something for $500, $1,000, go out and fly under no types of rules, but you have to face that against on the commercial side you can't fly at all."

Drones were such a popular gift this holiday season that the FAA put together a website reminding people of existing regulations, which prevent people from flying drones above 400 feet, among other things.

The FAA also banned drones from flying near the Super Bowl.

"Going to the big game? Have fun, cheer on your team and keep it a no-drone zone. Don't spoil the game. Leave your drone at home," the FAA said in an awareness video posted online.

In an interview with CNN, President Obama said more regulations need to be in place to deal with the rising number of small drones.

"We don't yet have the legal structures and the architecture both globally and within individual countries to manage them the way that we need to," Obama said last week.

Part of his job in his final two years in office "is seeing if we can start providing some sort of framework that ensures that we get the good and minimize the bad."

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Companies strike serious, somber tone in Super Bowl ads

NEW YORK — Forget slapstick and sex in Super Bowl ads: This year, serious was the name of the game.

Nationwide ran an ad on preventable childhood death. Carnival struck a somber note with a voiceover by John F. Kennedy speaking lyrically about the sea. And a public service announcement by coalition No More depicted a chilling 911 call from a battered woman to demonstrate the terror of domestic abuse.

Other advertisers had positive, albeit equally serious themes: McDonald's said it would let some customers pay with acts of kindness, Coca-Cola showed online negativity and bullying turning positive and Procter & Gamble's ad for its Always feminine products brand tried to redefine what it means to do things like a girl.

"It's a shame there aren't any commercials for antidepressants because these commercials make me want some," said Jon Early, who was watching the game in New York with friends. "Football is supposed to be an escape."

The serious tone is an effort to win over Americans who have a lower tolerance for crass ads with an overuse of sexually explicit themes and sophomoric humor. They also have short attention spans these days, thanks to the bite-sized communication of social media.

The serious spots were a continuation of a trend that started last year when advertisers shied away from the tactics that had been commonplace during Super Bowl. The difference this year is that many of the serious ads had an overarching "message" to live better, think better and be better.

With 30-second ads costing $4.5 million for the chance to market their brand to 110-plus million Americans, advertisers were trying to stand out by marketing socially conscious messages. In the process, they hoped to boost the image of their brands.

"The Super Bowl reflects what's happening in the country," said Tim Calkins, a marketing professor at the Kellogg School of Management at Northwestern University. "Maybe in the country today we're a little more reflective and a little more pensive."

SERIOUS TONE

A Microsoft ad with a voiceover by rapper Common told the story of Braylon O'Neill, a boy who was born missing the tibia and fibula bones in both of his legs so he had to learn to live with prosthetic legs developed by Microsoft.

The ad struck some similar notes with Toyota's Camry ad, which featured Paralympian Amy Purdy, who also has prosthetic legs snowboarding and dancing set to a speech by Muhammad Ali that ends "I'll show you how great I am."

Some serious ads bordered on sober. Nissan returned to the Super Bowl after 18 years with an ad featuring the story line of an up-and-coming race driver and his wife struggling to balance work and raising their son. In a jarring detail that many on social media pointed out, the ad was set to "Cats in the Cradle" by Harry Chapin, who was killed in a car crash.

And a Nationwide ad showed a boy riding a school bus and lamenting he'll never learn to fly, or travel the world with my best friend, or even grow up, because he died in an accident. The ad was aimed at stopping preventable childhood accidents, but Charles Taylor, marketing professor at the Villanova School of Business in Pennsylvania, said it received the most negative response from his ad viewing panel.

"It's just playing with fire focusing on an adolescents' death in the context of the Super Bowl," he said.

POSITIVE BUT SERIOUS

Other advertisers tried to implore people to do positive things.

In apparent commentary on how heavily food companies market to Americans, Weight Watchers' Super Bowl debut ad showed pizza, doughnuts in large portions with an ominous voiceover saying "You gotta eat, right?" A tagline said Weight Watchers can help members take control.

But it didn't resonate with all viewers, many of who were at Super Bowl parties eating snacks. "Some people are saying it made them want to eat more than anything," said Villanova's Taylor.

Meanwhile, fast food chain McDonald's announced it will randomly select customers who can pay for their food with acts of goodwill, such as calling their moms and telling them they love them as part of a Valentine's Day promotion that starts Monday.

HUMOR IN BETWEEN

Not all ads were serious, though.

Nationwide's other ad showed "Mindy Project" star Mindy Kaling walking around New York believing she is invisible and doing scandalous acts, including sitting naked in Central Park and going through a car wash. Then, she tries to kiss actor Matt Damon, but as it turns out, he can see her. The idea is Nationwide doesn't treat customers like they're invisible.

Naomi Zikmund-Fisher, a psychotherapist watching the game in Ann Arbor, Michigan, said the ad appealed to her. "It sucked you in as a plot and then ruined it for her," she said.

Another ad scored early. Chevrolet's spot before kickoff appeared to be a live game feed that turned into static and a blank screen, shocking some viewers. Chevrolet used the trick to show that its Colorado truck has 4G LTE Wi Fi, allowing for live game streaming in the truck.

"That one got all of our attention," said Kirin Jessel, who watched the game with co-workers in Oakland, Calif. "We were thinking 'Oh my God, what's happening.'"

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