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The Department of Justice said Friday that it sued pharmacy giant Walgreens over allegedly dispensing millions of unlawful prescriptions.

The DOJ said that Walgreens from August 2012 until the present “knowingly” filled those prescriptions, which “lacked a legitimate medical purpose, were not valid, and/or were not issued in the usual course of professional practice.” 

“This lawsuit seeks to hold Walgreens accountable for the many years that it failed to meet its obligations when dispensing dangerous opioids and other drugs,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the DOJ’s Civil Division.

Boynton said that Walgreens pharmacists filled millions of prescriptions with “clear red flags that indicated the prescriptions were highly likely to be unlawful.”

The company “systematically pressured its pharmacists to fill prescriptions, including controlled substance prescriptions, without taking the time needed to confirm their validity,” Boynton said. “These practices allowed millions of opioid pills and other controlled substances to flow illegally out of Walgreens stores.”

Some Walgreens patients died of overdose deaths shortly after getting invalid prescriptions filled at Walgreens, the DOJ alleges.

The 300-page lawsuit was filed Thursday in U.S. District Court in Chicago.

Walgreens in a statement said, “We are asking the court to clarify the responsibilities of pharmacies and pharmacists and to protect against the government’s attempt to enforce arbitrary ‘rules’ that do not appear in any law or regulation and never went through any official rulemaking process.”

“We will not stand by and allow the government to put our pharmacists in a no-win situation, trying to comply with ‘rules’ that simply do not exist,” Walgreens said.

“Walgreens stands behind our pharmacists, dedicated healthcare professionals who live in the communities they serve, filling legitimate prescriptions for FDA-approved medications written by DEA-licensed prescribers in accordance with all applicable laws and regulations.”

The suit alleges that although Walgreens issued written policies that reflected its understanding of legal obligations, the company took other actions which it knew prevented its pharmacists from complying with them.

“Walgreens prioritized profits over safety and compliance by implementing policies and practices that required pharmacists to fill prescriptions quickly and left pharmacists without enough time or resources to exercise their corresponding responsibility,” the suit said.

“One such metric was ‘Verify By Promise Time’ (VBPT), which expected a pharmacist to fill a prescription within 15 minutes for a ‘waiter’ (a customer waiting in the pharmacy store for the prescription),” the suit alleges.

“Walgreens also tracked pharmacists that dispensed a low rate of controlled substances through its ‘Non-dispensing Pharmacist Report,’” the suit said.

“Walgreens created this metric in part because it believed pharmacists who refused to fill controlled-substance prescriptions compromised Walgreens’s customer service.”

This post appeared first on NBC NEWS

So far, this has been a fairly entertaining start to the new year! The S&P 500 started off with a bounce to 6050, pushed briefly below our line-in-the-sand level of 5850, and then finished this week with a retest of 6000. While the VIX remains fairly low relative to historical levels, it feels as if our “emotional volatility” remains pretty elevated!

In recent interviews for !

And remember, the point of this exercise is threefold:

  1. Consider all four potential future paths for the index, think about what would cause each scenario to unfold in terms of the macro drivers, and review what signals/patterns/indicators would confirm the scenario.
  2. Decide which scenario you feel is most likely, and why you think that’s the case. Don’t forget to drop me a comment and let me know your vote!
  3. Think about how each of the four scenarios would impact your current portfolio. How would you manage risk in each case? How and when would you take action to adapt to this new reality?

Let’s start with the most optimistic scenario, with the QQQ achieving a new all-time high over the next six to eight weeks.

Option 1: The Very Bullish Scenario

What if the S&P 500 resumes the uptrend phase from September through November of 2024? The very bullish scenario would mean the SPX pushes above the previous all-time high at 6100 and does not look back. Trump takes off and, instead of shocking the market with fears of inflation, his new policy decisions represent a more measured approach to tariffs. The Magnificent 7 names resume their leadership role, earnings season is a blowout blast of bullishness, and the S&P 500 hits 6500 before February 1st.

Dave’s Vote: 10%

Option 2: The Mildly Bullish Scenario

Perhaps the Magnificent 7 stocks don’t return to new all-time highs, but continue to remain rangebound over the next month. Value sectors like financials and industrials take on a leadership role, and small caps finally begin to outperform their large cap cousins. Trump’s early policy decisions still feel inflationary, and as a result, investors are hesitant to take on more risk until we get more clarity.

Dave’s vote: 30%

Option 3: The Mildly Bearish Scenario

What if last week was a countertrend move higher, often known as a “dead cat bounce”, and over the next few weeks we see another down leg for the S&P 500? There are notable breakouts in the value sectors, but the mega-cap growth trade still doesn’t take off. Inflation fears increase as the new president takes office, and investors hang on every economic release for signs of optimism. The mildly bearish scenario would mean a retest of the January swing low around 5800, and we begin the month of March wondering whether 5800 will hold this time around.

Dave’s vote: 50%

Option 4: The Super Bearish Scenario

We always have to consider the doomsday scenario, where conditions deteriorate much more quickly than expected. Earnings season is a bust, Trump’s new administration lights up tariffs, and inflationary fears lead to low confidence in the Fed’s ability to take decisive action. The S&P 500 pushes down to the 200-day moving average, and after a brief bounce, drops down to around 5500 by the end of February.

Dave’s vote: 10%

What probabilities would you assign to each of these four scenarios? Check out the video below, and then drop a comment with which scenario you select and why!

RR#6,

Dave

P.S. Ready to upgrade your investment process? Check out my free behavioral investing course!


David Keller, CMT

President and Chief Strategist

Sierra Alpha Research LLC


Disclaimer: This blog is for educational purposes only and should not be construed as financial advice. The ideas and strategies should never be used without first assessing your own personal and financial situation, or without consulting a financial professional.

The author does not have a position in mentioned securities at the time of publication. Any opinions expressed herein are solely those of the author and do not in any way represent the views or opinions of any other person or entity.

Mid-caps show leadership and were the first to trigger a breadth thrust. Stocks surged this week with mid-caps showing the highest participation rate. Chartists can quantify the participation rate and identify breadth thrusts using the percentage of stocks above their 20-day SMAs. We will analyze these indicators for six broad indexes and show the breadth thrust for the S&P MidCap 400.

Chart Link

The CandleGlance charts above show the percentage of stocks above their 20-day SMAs for the S&P 500, S&P 100, Nasdaq 100, S&P MidCap 400, S&P SmallCap 600 and S&P 1500. We can identify the leaders and the laggards by comparing values. Mid-caps are leading as S&P MidCap 400 Percent Above 20-day SMA ($MIDA20R) surged to 76 percent (blue circle), the highest of the six. This means 76 percent of its component stocks are above their 20-day SMAs. This is a big change because this number was below 10% in mid December. Small-caps are lagging as $SMLA20R finished at 64.17 percent (pink circle). Everything else is in between.

Chart Link

The chart above shows S&P MidCap 400 Percent Above 20-day SMA ($MIDA20R) in the top window with the oversold line at 10 percent (pink) and the thrust line at 70 percent (blue). This indicator formed a bullish divergence and then triggered a breadth thrust on Thursday. A move below 10 percent marks a downside extreme that signals an oversold condition (pink shading). Stocks, however, can become oversold, and remain oversold. Therefore, we need to wait for an upside catalyst. A subsequent move above 70% (blue dashed lines) shows a participation thrust, which means the vast majority of component stocks participated in this advance. Broad participation is bullish. $MIDA20R was the first of the six to cross above 70 percent.

At TrendInvestorPro, we pointed out oversold breadth in December and featured the divergence in Tuesday’s report. A divergence forms when the underlying index ETF (MDY) forges lower lows and the indicator forms higher lows (blue lines). MDY fell from mid December to mid January (lower lows), but fewer stocks within the index moved below their 20-day SMAs during this timeframe. Put another way, more stocks held above their 20-day SMAs. Divergences in March and October 2023 also preceded breadth thrusts.

This week at TrendInvestorPro we covered six Market Regime charts on Wednesday and highlighted seven leading ETFs om Friday’s report/video. Leadership is coming from the middle of the market, and specifically from three sectors. Click here to take a trial and get immediate access.

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Energy Replaces Technology

At the end of this week, 1/17/2024, the Technology sector dropped out of the top 5 and will be replaced by Energy. The ranking in the top 5 has also changed. XLY is still number one but XLF raised to the #2 spot, pushing XLC down to #3.

XLI rose to #4 and, as said, XLK dropped out of the top 5 to #6 while XLE moved up to the #5 spot entering the portfolio.

  1. XLY – Consumer Discretionary
  2. XLF – Financials
  3. XLC – Communication Services
  4. XLI – Industrials
  5. XLE – Energy
  6. XLK – Technology
  7. XLU – Utilities
  8. XLRE – Real Estate
  9. XLP – Consumer Staples
  10. XLV – Health Care
  11. XLB – Materials

I started adding the ranking for all sectors so it will be easier for us to monitor which sector or sectors are picking up and make a chance to enter the top 5.

Weekly RRG

On the weekly RRG, XLY, XLC, and XLF remain firmly on the right-hand side of the graph despite their loss of relative momentum, which is causing the tails to roll over.

XLI has now crossed over into the lagging quadrant while XLE has started to hook back to the right on the edge of the lagging and the improving quadrants. The Technology sector remains inside the improving quadrant but is not able to make a real push for leading.

Daily RRG

The bigger shifts become visible on the daily RRG. XLE shoots into the leading quadrant while Technology moves opposite and enters the lagging quadrant. Combining these moves with the weekly RRG has caused the switch of positions for these two sectors.

The improvement of Industrials and Financials has pushed them up in the ranking while the weakness of Communication Services led to a drop, while still inside the top 5.

The strength of Consumer Discretionary remains, mainly from its strong position on the weekly RRG. The curling up of the daily tail will only help the sector remain inside the top 5.

Consumer Discretionary

The strong move higher this week could well establish a higher low and confirm the existing uptrend. Despite a small loss of relative momentum, with the green JdK RS-Momentum line dipping, the RRG lines remain firmly above 100, keeping the sector inside the leading quadrant.

Financials

This week’s strong move higher took XLF back above the rising support line which it threatened the last few weeks. The higher low is now in place and the raw RS-Line got a push in the back and bottomed out around the breakout level from the sideways range.

Communication Services

This sector held up well but is still back inside the boundaries of the rising channel. I am not the biggest fan of such moves but stepping aside and looking with a fresh eye this may well evolve into a flag-like pattern. Following the RRGv1 strategy, this is still one of the stronger sectors.

Industrials

Price bottomed out exactly against the rising support line after completing a small bottom formation. It now has plenty of upside room within the rising channel, and the RS line has put in a higher low, albeit shallow.

Energy

The Energy sector is the new kid on the block. On the price chart, XLE jumped from the lower boundary and is now underway to horizontal resistance around 98.50.

The raw RS-Line remains within the boundaries of its declining channel, keeping the weekly tail on the left-hand side of the RRG plot. The recent strength in the sector pushed the daily tail deep into the leading quadrant, far ahead of all other sectors. The combination of weekly and daily tail positions pushed XLE above XLK, entering the top 5 portfolio.

Performance

The performance of the best 5 sectors at the end of last week was 2.73% vs. SPY 2.21% (measured against the start of this experiment), hence a 0.52% outperformance. I will update the portfolio, adding XLE and removing XLK, against the opening prices of next week (which will be Tuesday!!!).

A note on weights

So far I have used equal-weight positions for this portfolio of the best 5 sectors. But while doing more research and running more tests I realized that that is not the correct way to do it.

Don’t get me wrong, the strategy works and the outcomes using equal-weight positions are historically positive, but there is a flaw.

This is best explained using the technology sector as an example. At the moment XLK makes up 31.6% of SPY.

So when I add XLK to the portfolio at 20% I am still UNDERWEIGHT 10% against the benchmark. In other words, when XLK is in the top 5, meaning it is one of the best 5 sectors, in the portfolio I am still 10% behind the benchmark and XLK is not able to contribute to the performance as much as it should.

On the other end of the spectrum is XLRE at 2.1% of the benchmark. So when I add that sector at 20% I am almost 10x overweight.

Compare that to the 10% underweight for XLK, and it’s not hard to understand that such a weighting scheme causes all kinds of shifts in this strategy’s risk-reward profile.

For now, I’ll continue with the equal weight scheme while working on a more dynamic weighting scheme based on the benchmark weights of the sectors that made it into the top 5.

Have a great weekend and #StayAlert. This week’s article is coming from Tampa, FL where I attended the CMTA mid-winter retreat. Next week I will be working from the Stockcharts.com office in Redmond, WA –Julius


When I look back at leading industry groups for the past day, week, month, 3-month, 6-month, and 1-year periods, only one industry group has been among the Top 20 industry groups for each of those 6 different periods. It’s a group that I liked heading into 2024 and it’s a group that I still like in 2025.

Banks ($DJUSBK).

If you take a look at how banks have kicked off earnings season, then it probably makes a lot of sense why they’re so in favor. Let’s look at the bigger banks that reported quarterly earnings since Wednesday:

  • JP Morgan Chase (JPM): 4.81 vs. 4.03 (actual vs. estimate)
  • Wells Fargo (WFC): 1.42 vs. 1.34
  • Citigroup (C): 1.34 vs. 1.25
  • Bank of America (BAC): .82 vs. .77
  • PNC Financial (PNC): 3.77 vs. 3.30
  • US Bancorp (USB): 1.07 vs. 1.06
  • M&T Bank (MTB): 3.92 vs. 3.70
  • First Horizon (FHN): .43 vs. .38
  • Truist Financial (TFC): .91 vs. .87
  • Huntington Bancshares (HBAN): .34 vs. .31
  • Regions Financial (RF): .59 vs. .55
  • Citizens Financial Group (CFG): .85 vs. .83

That’s the 12 largest banks that reported quarterly earnings last week and every single one of them beat EPS expectations, but JPM did so by a MILE! This is what happens when the yield curve uninverts and the net interest margin widens for banks. I’ve said on many occasions that this is the group that will benefit immensely from an improving economy and a lower fed funds rate.

Here are the charts for banks ($DJUSBK) and the bellwether JPM:

Banks:

The most telling part of the story on this chart is told in the bottom 2 panels. Once the long-term yield began to turn higher vs. the short-term yield, banks began to significantly outperform the benchmark S&P 500 in anticipation of the strong earnings that you can see above the chart. And it just makes common sense as the net interest margin for banks can only go up with this type of interest rate environment. That’s the fundamental side, which is certainly important. However, more important are the charts, and this one remains in a very bullish pattern. Currently, we appear to have the right side of a potential cup forming. The PPO is coming off a centerline test and is gaining bullish price momentum. The AD line is back near its 52-week high. I see banks going higher from here, though we do need to see price break out above the high from late November to confirm. Our primary indicator, the combination of price action and volume, suggests trend continuation.

JPM:

This is the PERFECT example of a stock that we like to own. JPM has gained 59.57% over the past year and it’s clearly a leading stock in a leading industry group. This is the key element that powers our portfolios – lining portfolios with leaders. We started our Model Portfolio on November 19, 2018, in the midst of the trade war and a cyclical bear market. 6 months later, we started our Aggressive Portfolio on May 19, 2019. Check out our stellar performance, especially vs. the benchmark S&P 500:

The Model Portfolio’s 289% advance vs. the S&P 500’s 123% advance. That’s crazy and when you consider what we’ve had to navigate these last 6+ years, it’s even crazier! We’ve endured the 2018 trade war and resulting cyclical bear market, the 2020 pandemic and resulting cyclical bear market, and the 2022 cyclical bear market, along with the worst inflation since the 1980s. That’s 3 bear markets, each falling 20% or more, in just over 6 years. No one consistently outperforms the benchmark S&P 500 like this, unless you follow our time-tested portfolio strategies. They don’t outperform every quarter (who does?), but these 6-year results speak for themselves.

Q4 Earnings

Earnings drive our portfolios. A company will never be included in our portfolios UNLESS it beats its latest quarterly revenue and EPS estimates. This isn’t a preference, it’s a MUST.

Earnings last week were, in most cases, WAAAAAY ahead of consensus estimates. Bank stocks have kicked this earnings season off in a very bullish way. But there’s another group, and you won’t believe which group it is, that is setting up to deliver BLOWOUT quarterly results, most likely better than banks. I’ll give you the group and one of its key stocks in our Tuesday EB Digest newsletter. I believe this elite company is set to report revenues and earnings way above current expectations. If you’re not already a FREE EB Digest subscriber, simply CLICK HERE, enter your name and email address, and join the tens of thousands of traders/investors around the globe! Make a difference in your trading in 2025!

Happy trading!

Tom

Two veteran Iranian Supreme Court judges, known for handling high-profile cases, were shot dead in Tehran by an assailant who later took his own life.

The judiciary’s media office was cited by state-affiliated media as saying that the attacker had no pending legal cases. Details of the incident remain unclear, but the Iranian judiciary said the assailant killed the two senior judges in a “planned assassination” inside the court and attempted to flee before taking his own life.

A guard was injured in the attack, judiciary spokesperson Asghar Jahangir said, according to Mizan News Agency.

Judge Mohammad Moghiseh and Judge Ali Razini were veteran justices who for decades headed courts involved in trying protesters, artists and activists.

Moghiseh was sanctioned by the United States in 2019 for overseeing “countless unfair trails, during which charges went unsubstantiated and evidence was disregarded.” He was sanctioned by the European Union eight years prior.

In one case alone he sentenced eight Iranian Facebook users to a combined 127 years in prison for anti-regime publicity and insults to religion. He had also tried filmmakers and poets for “propaganda against the state,” the US Treasury Department said.

In another case in 2019, he sentenced prominent Iranian human rights lawyer and women’s rights defender Nasrin Sotoudeh to 33 years in prison and 148 lashes, according to Amnesty International.

In 1999, Razini survived an assassination attempt after a bomb was attached to his vehicle, Iran’s Fars news agency said. Along with former president Ebrahim Raisi, he is accused of being one of the judges involved in “Death Commission” – an infamous committee that oversaw the prosecution and execution of thousands of political prisoners in 1988.

This post appeared first on cnn.com

An Indian police volunteer was convicted on Saturday of the rape and murder of a junior doctor at a hospital in the eastern city Kolkata, in the speedy trial of a crime that sparked national outrage over a lack of safety for women.

The woman’s body was found in a classroom at the state-run R G Kar Medical College and Hospital on August 9. Other doctors stayed off work for weeks to demand justice for her and better security at public hospitals.

Defendant Sanjay Roy said in November he was “completely innocent” and was being framed. He reiterated this in court on Saturday, saying, “I have not done this.”

Roy’s lawyers could not immediately be reached for comment on the verdict. They had argued there were glaring discrepancies in the investigation and forensic examination reports.

Judge Anirban Das said circumstantial evidence had proved the charges against Roy and that the sentence, to be announced on Monday, would range from life in prison to the death penalty.

“Your guilt is proved. You are being convicted,” the judge said.

The parents of the victim, who cannot be named under Indian law, expressed dissatisfaction with the probe, saying the crime could not have been committed by just one person.

“Our daughter could not have met such a horrific end by a single man,” her father said. “We will remain in pain and agony until all the culprits are punished.”

India’s federal police, who investigated the case, described the crime as “rarest of rare” during the trial and sought the death penalty for Roy.

Several doctors chanted slogans in solidarity with the victim outside the court. Dr Aniket Mahato, a spokesperson for the junior doctors, said street protests would continue “until justice is done.”

More than 200 armed police personnel were deployed in anticipation of the verdict as Roy was brought to court in a police car.

The investigation cited 128 witnesses, of whom 51 were examined during the trial, which that began on November 11 and was fast-tracked to conclude swiftly, according to court sources.

Police also charged the officer heading the local police station at the time of the crime and the then-head of the hospital with destruction of the crime scene and tampering with evidence.

The police officer is out on bail while the former head of the hospital remains in detention in connection with a separate case of financial irregularities at the hospital.

This post appeared first on cnn.com

Three people were killed and three others were injured in an attack on the Ukrainian capital of Kyiv on Saturday, according to officials, in a move Russia said was in retaliation for Ukraine using US-made ATACMS missiles.

The deaths and injuries occurred in the city’s central Shevchenkivskyi district, Tymur Tkachenko, head of the Kyiv city military administration, said.

Ukrainian President Volodymyr Zelensky wrote on X that residential buildings, a metro station, businesses, and other civilian infrastructure were damaged in the strike.

“All those who help the Russian state in this war must be under such pressure that it is no less noticeable than these strikes,” Zelensky said. “We can do this only in unity with the entire world.”

Kyiv has regularly been targeted in the conflict but deadly attacks are rare. The attack comes as the war reaches a critical point, with both sides seeking to gain an advantage ahead of Donald Trump’s inauguration for a second term as US president.

The attack on Kyiv was carried out in response to Ukrainian forces using US-made ATACMS missiles in Russia’s Belgorod region, the Russian Defense Ministry said.

The strike targeted “facilities of the Ukrainian military-industrial sector,” the defense ministry wrote, adding that “the targets of the strike were achieved and all objects were hit.”

A total of 39 drones and four missiles were launched by Russia into Ukraine from Friday evening to Saturday morning, Ukraine’s Air Force Command wrote on Telegram.

Also on Saturday, ten people were injured following missile strikes in the southern Ukrainian city of Zaporizhzhia with two more reported missing, a Telegram post by Ivan Fedorov, head of the Zaporizhzhia regional military administration, said.

Two of the injured were treated on the spot while the others have been hospitalized. A 48-year-old woman is in serious condition, Fedorov added.

This post appeared first on cnn.com

Of those injured, ten people were transferred to hospital, two with “maximum priority” and another two “who require urgent attention,” the press office said. There were no fatalities, it added.

The ski lift is 15 meters (more than 49 feet) high, the Spanish Civil Guard said in a post on X.

Part of its structure collapsed after one of its pulleys became loose, Spanish public broadcaster RTVE reported. As it fell, the chairs on the ski lift were destabilized, turning some of them upside down, RTVE said.

Video from the scene posted by the Civil Guard showed dozens of people standing in the snow on a mountain, stuck there after the ski lift broke.

“It’s like a cable has come off, the chairs have bounced and people have been thrown off,” one witness told RTVE.

By 3 p.m. local time, all of those left stranded by the collapse of the ski left were evacuated, the Spanish government’s delegate in Aragon, Fernando Beltrán Blazquez, posted to X.

Spain’s President Pedro Sanchez said he was “shocked” by the news, adding that he had spoken to Aragon’s president to offer him the Spanish government’s support.

“All of our affection goes to the injured and their families,” Sanchez said.

This post appeared first on cnn.com

A South Korean court granted on Sunday an extension of President Yoon Suk Yeol’s detention, saying there was “concern” that Yoon could “destroy evidence” in a criminal probe related to his short-lived declaration of martial law in early December.

Last Wednesday, Yoon became the first sitting South Korean president to be arrested. South Korean investigators probing Yoon for alleged insurrection asked a Seoul court on Friday to extend his detention after he refused to be questioned.

The Seoul Western District Court said it approved the detention warrant requested by the Corruption Investigation Office for High-ranking Officials (CIO).

The reason for the approval was “concern that the suspect may destroy evidence,” the court said in a statement.

Under the new warrant, Yoon can be detained for up to 20 days.

He is being held at the Seoul Detention Center.

So far, Yoon has stonewalled efforts by the CIO to interrogate him, refusing to attend questioning. It was unclear if Yoon will cooperate with investigators during his extended detention.

This is a developing story and will be updated.

This post appeared first on cnn.com