Merck KGaA lifts outlook on drugs, screen chemicals
















DARMSTADT, Germany (Reuters) – Merck KGaA lifted its 2012 outlook on Thursday and beat expectations for third-quarter results as it capitalized on its strong position in the market for chemicals for flat screens.


Family-controlled Merck, which traces its roots to a 17th century pharmacy, now expects adjusted earnings before interest, taxes, depreciation and amortization (EBITDA) this year of 2.90-2.95 billion euros ($ 3.7-$ 3.75 billion).













That is the upper half of its previous target range and compares with 2.9 billion euros expected on average by analysts.


Merck also benefited from continue price increases in the U.S. for multiple sclerosis drugs, where the company sells its established Rebif injection, and from an ongoing cost cutting program.


Third-quarter adjusted EBITDA rose 15.6 percent to 754 million euros, above a forecast for 740 million in a Reuters poll. Revenues also exceeded expectations.


Merck’s dominant position in the market for liquid crystals for flat-panel displays allows it to hold its own even as economic uncertainty puts consumers off big-ticket purchases such as pricey flat-screen TVs. Soaring tablet computer sales also help Merck.


The company is slashing costs and jobs after a number of setbacks in drugs development left it without any significant pharmaceuticals in its late-stage development pipeline.


(Reporting by Ludwig Burger)


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FBI veteran started Petraeus email probe




The FBI agent who investigated harassing emails to a Florida socialite, a probe that set off a chain of events leading to the resignation of CIA director David Petraeus over an extramarital affair, was a veteran investigator who has worked on high-profile terrorism cases.


The agent was identified as Frederick Humphries by a former federal agent, a source familiar with the Petraeus investigation and Humphries' attorney, Lawrence Berger.


Humphries, 47, received the initial complaint from Jill Kelley, 37, a Tampa, Fla., socialite, about "harassing" emails that an investigation traced back to Paula Broadwell, a 40-year-old author who co-wrote a biography of Petraeus, 60.


The investigation ultimately uncovered evidence of an affair between Broadwell and Petraeus, prompting Petraeus to resign last week.


Berger said his client's family "knew the Kelley family socially for several years." Jill Kelley asked Humphries for advice on what she perceived to be threatening e-mails and he "referred the matter to the bureau as appropriate."


Berger said his client has been wrongly characterized as a "whistleblower," but there is "no action pending against him, nor does he anticipate any future action."


Humphries "referred the matter to the FBI in accordance to proper protocol," Berger added, and the FBI investigation is taking its course.


Berger flatly declined to confirm or provide any details at all regarding Humphries' alleged contacts with the offices of either Rep. Dave Reichert, R-Wash., or House Majority Leader Rep. Eric Cantor, R-Va.


According to the New York Times, Humphries was allegedly concerned the case had been stalled for political reasons, and in late October contacted Reichert, whom he knew from his time working in Washington. The Times reported that Reichert put him in touch with Cantor, who then passed the message to FBI director, Robert Mueller.


An associate of Humphries told ABC News that it was hard to believe that Humphries had contacted elected officials about the case because "everyone knows that's professional suicide" and Humphries is "top notch."


Humphries has worked as a supervisor on Joint Terrorism Task Force in Tampa and has worked on high-profile terrorism cases.


In Seattle, Humphries worked the so-called Millenium terror plot in 1999, which prevented an Algerian al Qaeda member from bombing Los Angeles International Airport.


More recently, he testified in Florida in a terrorism case of Florida student Youssef Megahed and his associates.


In that case, back in 2007, a sheriff's deputy with the Berkeley County Sherriff's Office in South Carolina became suspicious when University of South Florida student Ahmed Mohamed and his companion, fellow USF student Megahed, did not initially stop when they were pulled over for speeding. The officer said he saw Megahed disconnect a power cord from a laptop computer as he approached the car. The deputy searched the vehicle. According to court records, he found safety fuses, several sections of cut PVC piping containing a potassium nitrate explosive mixture and containers filled with gasoline.


The pair was arrested that night for transporting explosives. Following the arrest, the FBI in Tampa and South Carolina began an investigation with the Joint Terrorism Task Force.




Regarding a "shirtless" photo that Humphries reportedly sent to Jill Kelley, Berger told ABC News that several years ago, Humphries sent a "joke picture" of himself to the Kelley family showing Humphries "posing shirtless between two shooting range dummies."


"There was absolutely no romantic involvement or relationship whatsoever between Agent Humphries and Jill Kelley," said Berger.


According to Berger, sharing funny photos was part of the family's relationship.


Berger objected to unattributed comments in the New York Times that his client was "obsessed" with pursuing the matter.


"Is he a dogged, professional, passionate law enforcement officer? Yes," Berger told ABC News. But it would be "incorrect to describe him as obsessed" with this case, said Berger.


According to Berger, Humphries "reported what he knew according to FBI protocol and then let the investigation take its course."


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Beating tax cheats key to Italy’s recovery plan
















ROME (AP) — Good plumbers may be worth their weight in gold, but when one was spotted zipping around in a bright red Ferrari, Italian tax police were fast on his trail.


Stamping out entrenched tax evasion is crucial to Premier Mario Monti‘s quest to keep Italy from succumbing to the European debt crisis, and it is critical to fellow eurozone members in more dire straits, such as Greece and Spain — which are also notorious for making cheating the taxman a way of life.













Indeed, Greece’s international rescue creditors have been pressing Greece for two years to reform its ailing tax system, citing poor collection as a key factor keeping the country mired in crisis. In Spain, where tax fraud is rampant, as much as €90 billion ($ 150 billion) is lost each year to tax fraud — the equivalent of the country’s national debt, according to Spain’s main tax inspectors union.


To succeed in Italy, authorities will have to catch the legions of self-employed and small business owners who brazenly lie about their earnings, like the plumber in the eastern town of Pescara, who socked away undeclared income in 30 bank accounts, or a successful pastry shop owner in Calabria, who on his tax return claimed he was earning next to crumbs.


And those are the less sophisticated schemers.


Tax police officials say that wealthy Italians, their companies and foreigners who make their money in Italy are increasingly trying to avoid taxes by using such strategies as falsely declaring that their base of operations or residence is abroad.


Another daunting challenge is the so-called “submerged” economy, a term embracing Italians who declare only a fraction or nothing at all of their earnings — and dentists, lawyers, doctors and other big-earning professionals are frequently among the worst offenders.


Tax evasion of all types in Italy totals about euros 240 billion ($ 300 billion), or 15 percent of the country’s gross domestic product of €1.6 trillion ($ 2 trillion), tax police estimate. Winning the war on tax cheats could therefore more than wipe out the country’s budget deficit, which is expected to increase to euros 42 billion ($ 53 billion), or 2.6 percent of GDP this year. That would start knocking away at the nation’s colossal public debt of €2 trillion ($ 2.5 trillion), or 125 percent of GDP.


But “big international frauds are up,” lamented Lt. Col. Gianluca Campana, in charge of the income tax unit revenue protection office at the Guardia di Finanza, Italy’s financial police corps which reports to the Economy Ministry.


The entrenched practice by many cafes, eateries, hair dressers and similar small business of neglecting to give customers mandatory cash register receipts commonly grabs the attention in crackdowns on tax evasion in Italy.


But, cautioned Campana, “one false (big business) invoice can equal no cash register receipts for coffees for two months.”


Over all of 2011, the total of non-declared income discovered by tax police amounted to some €50 billion ($ 65 billion), of which some 20 percent was due to international tax evasion, he said. By comparison, in the first nine months of this year, tax police discovered some €40 billion in undeclared income, with 30 percent of that blamed on international tax evasion, Campana said.


With the economic crisis shrinking bottom lines, and Italy increasingly on the hunt for big-time evasion, especially by big businesses, “there is a tendency to move capital abroad, using maneuvers apparently legal but which really are not,” Campana said. A classic technique consists of declaring one’s formal residence abroad in tax havens like Monte Carlo. Also common are companies that clearly have their business base in Italy but claim it is abroad in countries with far lower tax brackets.


Campana is armed with three degrees, including a masters in tax law from Milan’s Bocconi University, the prestigious economics institute formerly headed by Monti. He brings skills to this specialized police corps that are as finely tuned as sharp-shooting.


“We are going after the big cases (of evasion) in order to rake in more money,” Campana said.


The Ferrari-driving plumber hid some €2 million ($ 2.6 million) of his income over several years by giving his customers invoices — for jobs ranging from fixing leaks to installing new bathrooms — for the actual cost of his work, but kept a second, false registry of much lower figures for tax purposes, said Pescara tax police Col. Mauro Odorisio.


Armed with a 2008 law, authorities confiscated assets belonging to the plumber equivalent to the approximately €1 million ($ 1.3 million) they contend he owed in taxes, Odorisio said.


With Ferraris in red or yellow, and snazzy Porsches parked inside, Guardia di Finanza garages practically resemble luxury car dealerships.


The cars get sold to help recoup unpaid taxes and interest.


Overall, tax revenues in Italy were up by 4.1 percent, says the Economy Ministry, when comparing figures from the first eight months of 2012 with the same period in 2011, but much of that was due to new taxes, and not necessarily a revolution in citizens’ consciences about tax obligations.


Monti’s recipe relies heavily on taxes that are nearly impossible to avoid, such as sales tax. He also revived a property tax that his populist predecessor, Premier Silvio Berlusconi, had abolished in a promise to voters.


The ministry’s report last month noted that the property tax figured prominently in the “tendency toward growth” in tax revenues. But sales tax revenue dropped slightly despite higher sales tax rates, indicating that consumers were feeling the pinch of the stagnant economy.


The heavier fiscal burden seems to have driven some honest citizens to rebel against the engrained culture of tax evasion.


The number of phone calls from the public to the tax police’s hotline to report stores, restaurants and other businesses that didn’t give customers sales receipts has almost doubled in the first nine months of this year, compared with the same period in 2011.


It’s apparently dawning on Italians that shirking taxes in the end only costs them, in terms of ever-higher levies and cutbacks in public services.


Citizens now increasingly understand that “the lack of revenue over time caused by tax evaders forced the government to stiffen the tax burden on categories where you can’t evade taxes,” Campana said, referring to workers whose taxes are deducted from paychecks. Another area where evasion is close to impossible is real estate ownership.


Odorisio noted the crackdown included extending the statute of limitations on tax evasion from six to eight years and establishing prison as a penalty for big-time evasion.


Other weapons include a measure promoted by the Monti government that limits cash payments to no more than €1,000. Paying by credit card or personal check is a relatively new habit for Italians, who are used to carrying wads of cash in their pockets, even for big-ticket items like home renovations or vacations.


Past governments in Italy sometimes resorted to tax amnesties to try to boost revenues. But critics, contending some Italians counted on such a possibility, described that strategy as only perpetuating the tax cheat culture.


Spain hasn’t had much success with its own tax amnesty introduced by the conservative government in March. That measure, expiring soon, allows undeclared assets or those hidden in tax havens to be repatriated by paying a 10 percent tax without criminal penalty. The amnesty is estimated to recuperate far less than the expected €2.5 billion ($ 3.25 billion).


Greece saw demands for tax system reform from international rescue creditors added on to conditions for future rescue loan payments, as Greek authorities acknowledged that a high-profile campaign to crack down on major tax cheats has produced disappointing results.


The cash-strapped government over the last 10 months recovered just €19 million ($ 25 million) of the €13 billion ($ 17 billion) of arrears on the list. A prominent Greek magazine publisher recently tapped anger over rich tax evaders by publishing a list of people allegedly holding Swiss bank accounts. He was acquitted this month of breaching privacy laws.


Meanwhile, Italian tax police are chasing after cheats who have shown some of the most chutzpah about not paying their fair share of taxes, like the Padua woman who advertised on the Internet that she had a couple of “cash-only” bed and breakfast rooms to let.


Tax police discovered the lodgings are part of an apartment in public housing she was given after falsely declaring she was indigent on her annual tax forms.


____


AP reporters Derek Gatopoulos in Athens and Ciaran Giles in Madrid contributed to this report.


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Rolling Stones add fifth date to anniversary tour
















LONDON (Reuters) – The Rolling Stones have added a fifth date to their 50th anniversary tour later this year, the band announced on its website.


In between two shows at London‘s O2 Arena starting on November 25 and two more at the Prudential Center in Newark, NJ opening on December 13 the veteran quartet will play the Barclays Center in Brooklyn, NY on December 8.













Tickets for the fifth concert go on sale on Monday, November 19. The first four gigs quickly sold out despite complaints from many fans over high ticket prices ranging between around 95 pounds ($ 150) and 950 pounds for a VIP seat in London.


On auction website eBay, a pair of ticket with a face value of 406 pounds is on offer for as much as 1,500 pounds.


“You might say, ‘The tickets are too expensive’,” singer Mick Jagger told Billboard magazine in a recent interview.


“Well, it’s a very expensive show to put on, just to do four shows, because normally you do a hundred shows and you’d have the same expenses.”


He added that he did not agree with the secondary ticket market and stressed that the Rolling Stones did not profit from tickets changing hands at inflated prices.


The concerts celebrating 50 years of the band behind hits like “(I Can’t Get No) Satisfaction” and “Honky Tonk Women” are part of a series of events marking the milestone including a new documentary, a photograph book and a greatest hits album.


The music press has been rife with speculation that the Stones could launch a full world tour next year including a set at the Glastonbury music festival.


(Reporting by Mike Collett-White, editing by Paul Casciato)


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Merck scraps combination diabetes drug
















(Reuters) – Merck & Co no longer plans to develop a drug to treat type 2 diabetes that would have combined its largest selling diabetes drug, Januvia, with a generic version of Pfizer Inc‘s cholesterol drug Lipitor.


Merck, one of the country’s largest drugmakers, said in a regulatory filing on Friday that it decided to stop clinical development of the program for business reasons.













The decision is not related to any concerns about the safety of the two drugs, according to Merck spokeswoman Pam Eisele.


According to the company’s website, the drug, which was called MK-0431E, was in late-stage development.


Merck already sells Juvisync, a combination of Januvia with simvastatin, a member of the statin class of cholesterol fighters that include Lipitor. Merck sells simvastatin, which is almost as potent in cutting “bad” LDL cholesterol as Lipitor, under the brand name Zocor. Many other drugmakers sell generic forms of simvastatin.


Companies have been testing combination drugs as they look for ways to cut down on the number of medications that individuals use.


Merck shares were up 0.4 percent at $ 44.18 in early afternoon trading.


The company has estimated that 20 million people in the United States have type 2 diabetes, an illness closely linked to obesity and the most common form of diabetes.


Sufferers of the disease often also have high cholesterol levels, which raise the risk of heart attack, stroke and other cardiovascular problems.


(Reporting By Caroline Humer; Editing by Steve Orlofsky)


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Who's who in the Petraeus scandal

What started out as a leisurely stroll through the Philadelphia Museum of Art on Nov. 11 with his girlfriend, quickly turned into quite a surreal experience for Max Galuppo, 20, of Bloomsbury, N.J. Galuppo, a Temple University student, found his doppelganger in a 16th century...
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General investigated for emails to Petraeus friend
















PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.


Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.













Panetta said that he ordered a Pentagon investigation of Allen on Monday.


A senior defense official traveling with Panetta said Allen’s communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.


Kelley is said to have received threatening emails from Broadwell, who is Petraeus’ biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.


Petraeus resigned as CIA director on Friday.


Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.


The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen’s problematic communications.


The official said 20,000 to 30,000 pages of emails and other documents from Allen’s communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.


“Gen. Allen disputes that he has engaged in any wrongdoing in this matter,” the official said. He said Allen currently is in Washington.


Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.


The FBI’s decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta’s decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.


Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.


In the meantime, Panetta said, Allen’s nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold “until the relevant facts are determined.” He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.


Panetta said President Barack Obama was consulted and agreed that Allen’s nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.


NATO officials had no comment about the delay in Allen’s appointment.


“We have seen Secretary Panetta‘s statement,” NATO spokeswoman Carmen Romero said in Brussels. “It is a U.S. investigation.”


Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama’s nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford’s hearing is also scheduled for Thursday.


___


Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.


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‘Sesame Street’ Elmo puppeteer takes leave amid sex scandal
















LOS ANGELES (Reuters) – The puppeteer and voice behind the character Elmo on “Sesame Street” has taken a leave of absence from the children’s television show following allegations that he had a sexual relationship with a 16-year-old boy, producers said on Monday.


New York-based Sesame Workshop said in a statement that its own inquiry concluded that the claim of underage sexual conduct was unsubstantiated, and that puppeteer Kevin Clash has denied any wrongdoing and called the allegation “false and defamatory.”













But the company said Clash, 52, was disciplined after an internal investigation showed he “exercised poor judgment and violated company policy regarding Internet usage.”


The Sesame Workshop statement said the puppeteer was “taking actions to protect his reputation” and that Sesame Workshop has “granted him a leave of absence to do so.”


Neither Clash nor his personal publicist was immediately available for comment.


CNN quoted a statement from Clash acknowledging a relationship with his accuser but denying he had sexual contact with a minor.


“I am a gay man. I have never been ashamed of this or tried to hide it,” it quoted him as saying. “I had a relationship with the accuser, it was between two consenting adults, and I am deeply saddened that he is characterizing it as something other than what it was.”


The statement went on to say, “I’m taking a break from Sesame Workshop to deal with this false and defamatory allegation.”


Sesame Workshop said the matter came to its attention when it received a communication in June from accuser, now aged 23, alleging that he had a relationship with Clash beginning when he was 16 years old.


“We took the allegation very seriously and took immediate action,” the company said, adding that it met with the accuser twice and had “repeated communications with him.” The company said it also discussed the matter with Clash, who denied the allegations.


A spokeswoman for the show said she did not know whether law enforcement authorities were looking into the allegations.


Clash officially joined the “Sesame Street” cast in 1984, assuming the Elmo role that year.


Elmo’s character had debuted on the show in 1979, and though Clash was the third performer to animate the child-like shaggy red monster, Sesame Workshop credits him with turning Elmo into the international sensation he became.


For now, producers promised that Elmo would remain on the show despite the absence of Clash, saying “Elmo is bigger than any one person and will continue to be an integral part of ‘Sesame Street.’”


(Reporting and writing by Steve Gorman; Editing by Cynthia Johnston and Cynthia Osterman)


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Mushroom Poisonings Spike as 2 Die
















The accidental deaths of two California women from mushroom poisoning comes at a time of mounting reports of poisoning from wild toadstools across the county, according to a prominent liver specialist.


The two elderly women died after a caregiver at their senior care facility inadvertently served them a meal with poison mushrooms picked on the Loomis, Calif., property.













The caregiver and three other residents of Gold Age Villa remain hospitalized, according to WTEN-TV, the ABC News affiliate in Sacramento.


Teresa Olesniewicz, 73, died Friday morning, and Barbara Lopes, 86 died Friday night, according to the county coroner.


“It looks like a tragic accident,” Lt. Mark Reed of the Placer County Sheriff’s Department said.


Reed told the Sacramento Bee that the caregiver “just didn’t know” the mushrooms were poisonous. It is not clear what kind of mushroom the victims ate, however.


Dr. Pierre Gholam, a liver specialist at University Hospitals in Cleveland, said he has seen an uptick in wild mushroom poisonings in his area, too. More than two dozen patients have arrived in the past three years with telltale mushroom poisoning symptoms, he said, including diarrhea followed by kidney and liver failure.


Gholam, who spoke to ABC News by phone from the 63rd annual meeting of the American Association for the Study of Liver Diseases in Boston, said doctors there from across the country report similar increases in mushroom poisoning patients, even in areas not typically known for mushroom poisonings, such as the Midwest.


Specialists historically see case clusters in Northern California and in the Northeast.


“Clearly, there is something that has changed in my mind that has led to more mushroom poisoning cases,” he said. “It looks like a nationwide phenomenon.”


The reasons are unclear but Gholam suggested that more people could be picking their own mushrooms in the bad economy to save money.


Gholam’s hospital is one of only a few that are authorized by the federal government to give patients an antidote called silibinin, which blocks the poison from attacking the liver. As such, 14 patients have come from up to 150 miles away for the life-saving drug.


The poison in these mushrooms is called amatoxin, and it’s colorless and odorless, so people who pick or eat them won’t know until it’s too late, Gholam said. The poison fungi can also come in different sizes and shapes. Cooking or freezing the mushrooms does not deactivate the toxin.


Typically, people begin to feel sick within six hours of eating the mushrooms, and come down with severe diarrhea, which causes dehydration and kidney failure, he said. Without the antidote, liver failure sets in after 72 hours, and the patient has either died or needs a liver transplant after 96 hours.


“I think at this point, it is absolutely critical to spread the word — especially to folks that picked mushrooms — that the landscape has changed,” Gholam said.


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Petraeus probe ensnares top U.S. commander in Afghanistan

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged "inappropriate communications" with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen's communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus' biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen's problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen's communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

"Gen. Allen disputes that he has engaged in any wrongdoing in this matter," the official said. He said Allen currently is in Washington.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

The FBI's decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta's decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen's nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold "until the relevant facts are determined." He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

Panetta said President Barack Obama was consulted and agreed that Allen's nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

NATO officials had no comment about the delay in Allen's appointment.

"We have seen Secretary Panetta's statement," NATO spokeswoman Carmen Romero said in Brussels. "It is a U.S. investigation."

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama's nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford's hearing is also scheduled for Thursday.

___

Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

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