Former O.C. Sheriff Michael Carona seeks to cut prison sentence









Attorneys for former Orange County Sheriff Michael Carona — who is now serving 66 months in federal prison for witness tampering — are asking that the former lawman's sentence be cut by nearly half, potentially freeing him.


In a motion, Carona's attorneys argued that the sentence handed down in 2009 by U.S. District Judge Andrew Guilford should be adjusted after changes in the law.


His attorneys contend that the judge sentenced Carona on the witness tampering charge by "cross-referencing" charges on which he was acquitted, a practice his attorneys argue that the U.S. Supreme Court overruled in a case involving former Enron President Jeffrey Skilling.





"Carona seeks relief on the ground that the court erred in determining his sentence by using honest services fraud as the 'underlying offense' under United States sentencing guidelines," his lawyers wrote in the motion filed earlier this month. They added that "the conduct at issue did not constitute honest services fraud or any other federal offense."


His lawyers, according to the motion, are seeking to reduce his time to a term of 24 months to 30 months.


Brett Sagel, the federal prosecutor on the case, said in an emailed statement Thursday that the government contends "Carona's filing lacks merit both factually and legally."


Carona was acquitted in 2009 on charges of conspiracy, mail fraud and one count of witness tampering. But the jury found him guilty on another count of witness tampering after he was recorded as he tried to persuade his former assistant sheriff to lie to a grand jury investigating allegations of corruption.


Carona, 57, was widely considered to be a rising political star at the time of his indictment.


The former sheriff began serving his 51/2 -year prison sentence in January 2011 at Englewood Federal Correctional Institution in Littleton, Colo., where he joined other prominent criminals — including Skilling, who is serving a 24-year sentence; and disgraced former Illinois Gov. Rod Blagojevich.


When Carona's sentence began, officials at the prison — dubbed by Forbes magazine as one of the "12 best places to go to prison" — said the former sheriff would put in 71/2-hour days doing landscaping, plumbing, painting or food service.


But he could have access to the low-security prison's amenities, including college courses and the use of indoor and outdoor recreational facilities with a running track, bicycle court and exercise bicycles.


Carona's lawyers said that he had exhausted his appeals when the U.S. 9th Circuit Court of Appeals upheld his conviction shortly before he reported to the prison.


rick.rojas@latimes.com





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Lady Gaga tweets some racy images before concert

BUENOS AIRES, Argentina (AP) — Lady Gaga's tweets were getting a lot of attention ahead of her Buenos Aires concert Friday night.

The Grammy-winning entertainer has more than 30 million followers on Twitter and that's where she shared a link this week to a short video showing her doing a striptease and fooling around in a bathtub with two other women.

She told her followers that it's a "surprise for you, almost ready for you to TASTE."

Then, in between concerts in Brazil and Argentina, she posted a picture Thursday on her Twitter page showing her wallowing in her underwear and impossibly high heels on top of the remains of what appears to be a strawberry shortcake.

"The real CAKE isn't HAVING what you want, it's DOING what you want," she tweeted.

Lady Gaga wore decidedly unglamorous baggy jeans and a blouse outside her Buenos Aires hotel Thursday as three burly bodyguards kept her fans at bay. Another pre-concert media event where she was supposed to be given "guest of honor" status by the city government Friday afternoon was cancelled.

After Argentina, she is scheduled to perform in Santiago, Chile; Lima, Peru; and Asuncion, Paraguay, before taking her "Born This Way Ball" tour to Africa, Europe and North America.

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N.F.L. Paid Millions Over Brain Injuries, Article Says





Three retired N.F.L. players received at least $2 million in disability payments as a result of brain trauma injuries from their playing days, according to an article by ESPN and the PBS series “Frontline.”




The payments were made in the 1990s and early 2000s by the Bell/Rozelle N.F.L. Player Retirement Plan, a committee comprising representatives of the owners, players and the N.F.L. commissioner.


The N.F.L. is being sued by several thousand retired players who accuse the league of concealing a link between head hits and brain injuries. The league denies the accusation and has said it did not mislead its players.


The article, however, cites a letter written in 2000 from the director of the retirement plan who stated that Mike Webster, who retired in 1990, had a disability that was “the result of head injuries he suffered as a football player with the Pittsburgh Steelers and the Kansas City Chiefs.”


Webster died in 2002. The article cites similar payments to Gerry Sullivan, a Browns lineman, and a third, unnamed player.


The article provides more details than were known about Webster’s case; his fight for disability benefits was known. The retired players say in their complaint that “the N.F.L.’s own physician independently examined Webster and concluded that Webster was mentally ‘completely and totally disabled as of the date of his retirement and was certainly disabled when he stopped playing football sometime in 1990.’ ”


However, Greg Aiello, an N.F.L. spokesman, said that the ESPN report “underscores that we have had a system in place with the union for many years to address player injury claims on a case-by-case basis.” The disability plan, he said, was “collectively bargained with the players.”


“All decisions concerning player injury claims are made by the disability plan’s board, not by the N.F.L. or by the Players Association,” Aiello said.


The board has seven members: three owner representatives, three player representatives and one nonvoting representative of the commissioner.


The disclosures in the article came a day after Commissioner Roger Goodell spoke at the Harvard School of Public Health, where he trumpeted the league’s efforts to increase the safety of its players and proclaimed that “medical decisions override everything else.”


Jeffrey Standen, a law professor at Willamette University in Oregon, said the details about Webster’s disability payments did not amount to a smoking gun. The plan’s determination that Webster sustained head injuries is not the same as the N.F.L. making that decision.


“The problem is the N.F.L. didn’t make the admission; it was the board,” Standen said. “They’re not the same body. As a legal matter, the fact that they paid Webster is not going to matter much in legal terms. But it’s evidence to throw in front of a jury.”


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Shopping for American-made holiday gifts









Get ready for a red, white and blue Christmas.


With a sluggish economy, high unemployment and a just-finished presidential election laser-focused on jobs, many consumers say they are more eager than ever to buy gifts made right here in America.


Shoppers don't have to rifle through stores or flip over labels this year. Many retailers are proudly touting their wares with made-in-the-USA credentials in hopes of wooing shoppers eager to show their patriotism through their pocketbooks.





"Finding presents that are made here makes them special. It's usually more unique and not something that you can find just in Target," said Jodi Dirk, 31, of Sherman Oaks. "So if I find stuff this holiday that's made in the U.S., that's a big bonus."


That's not always an easy task. Industry experts say that 85% of the toys sold in America are made in China and more than 95% of the clothes are produced overseas. Most consumer electronics, too, are assembled beyond U.S. borders. So most of the Hanukkah gifts and presents under Christmas trees this year are likely to be manufactured outside the country.


But not if Yvonne Lopez has her way. The Los Angeles accountant wants to give gifts that are made in America this holiday, and she's willing to search for them. "If I spend money, I'd rather spend it on a local designer and support the local economy, which is so important right now," she said.


Across America, experts say, shoppers like Lopez are on the lookout, and stores and designers of all kinds say they are pushing their homegrown roots.


"Consumers care more about products made in the U.S. now, and all of our branding is crafted around being made here," said David Koral, co-founder of high-end denim line Koral Los Angeles, which makes all its jeans in Southern California.


Whether you're a recent convert or a faithful supporter of goods made here, experts offer some creative — and often thrifty — tips to wrap this holiday with stars and stripes.


Toys


Finding American-made toys among the sea of dolls, trucks and games can be a challenge for any shopper. That's because an "overwhelming amount" of toys are produced in foreign countries such as China, Indonesia and Mexico, said Jason Moser, an industry analyst at Motley Fool.


The labor and production costs are usually much lower than in America, he said, and as a result, the price is often right.


A modest selection of U.S.-made playthings can be found at big retailers such as Wal-Mart Stores Inc. and Toys R Us. But parents who are serious about made-in-the-USA toys will have to devote more time to tracking them down.


Simply searching the Internet will turn up an array of toy makers that have been in business for decades churning out kid-friendly items here at home. But think classic toys such as building blocks rather than high-tech ones with remote controls, smartphone apps and other digital whirligigs.


At Maine-based Roy Toy, co-owner Sue Dennison said shoppers scoop up the company's wood building sets. Some bestsellers — including a 37-piece kit for a log cabin —- have been produced since Roy Toy was founded in the 1930s.


"In the 1990s, making our toys in America actually worked against us in a lot of ways because everybody was importing from China," Dennison said. "Now you would be hard-pressed to find a small mom-and-pop store that didn't have a section of made-in-America toys."


The 2007 recalls of lead-tainted toys made in China pushed parents to scrutinize where their children's dolls, model cars and other playthings came from, said Laurie Schacht, co-publisher of The Toy Insider guide. As a result, some companies moved at least part of their production back home to soothe shopper worries and also burnish their brand's reputation.


"That big panic was one of the first things that really pushed the button on made in America," she said.


With safety top of mind, Irene Lopez, 62, of San Pedro is carefully hunting for gifts tagged "made in America." The homemaker says she worries that her grandchildren might chew or handle toys with toxic components.


"You always want to make sure they're OK," she said. "Also, I'd rather get something more unique that can't be found at every store everywhere."





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Veteran L.A. County sheriff's deputy charged with murder









After spending much of his life putting people behind bars, a veteran L.A. County sheriff's deputy stood in handcuffs Thursday, charged with gunning down a former neighbor who apparently got into a fight with his son.


Francisco Gamez, 41, is accused of shooting Armando "Cookie" Casillas, a well-known figure in his blue-collar neighborhood in Sylmar.


Gamez was off duty, sitting in his car, when he allegedly fired two shots on the night of June 17, killing Casillas and narrowly missing a second man, prosecutors said.





Gamez, a 17-year veteran who worked as a detective in West Hollywood, was allegedly furious over a fight between his 20-year-old son and Casillas, 38, prosecutors said. The younger Gamez had called his father to the scene, authorities said.


Casillas was later found by relatives lying near his home, and died later at Providence Holy Cross Medical Center.


Gamez was removed from duty in July after witnesses and evidence tied the detective to the slaying, authorities said. He was arrested Wednesday and led handcuffed from his San Fernando home by his former co-workers.


On Thursday he was formally charged with murder, attempted murder and discharging a firearm from an occupied vehicle. Gamez could face 75 years to life in prison if convicted of all charges.


In court, where he stood handcuffed in a plexiglass cage, sheriff's deputies peeked into the room to gawk at their former colleague. Sheriff Lee Baca described the whole thing as "deeply disturbing."


Gamez is being held on $4-million bail.


On Beaver Street in Sylmar, where the shooting occurred, Casillas' photo sat in a frame in the midst of a makeshift memorial, along with a cross and a potted plant with U.S. and Mexican flags and candles.


"He was a sweetheart, and very generous," said Patsy Telles-Cabrera, who lived across the street from Casillas for years. "He would check in on my parents." She left a box of chocolates at the growing shrine.


"It never should have happened," said one neighbor. "This is a family neighborhood."


sam.quinones@latimes.com


richard.winton@latimes.com


Times staff writer Wesley Lowery contributed to this report.





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Jason Mraz to make historic appearance in Myanmar

NASHVILLE, Tenn. (AP) — Jason Mraz will make history next month when he performs in Myanmar to raise awareness about human trafficking.

Mraz will headline a free outdoor concert on Dec. 16 at People's Square in Yangon, at the base of Shwedagon Pagoda.

The Grammy-winning singer-songwriter is believed to be the first international artist to perform an open-air concert in the country. The show includes local acts and is hosted by MTV EXIT, the music channel's initiative to raise awareness about human trafficking and exploitation.

"That's pretty exciting," Mraz said of the history involved, "and I'm going there with an enormous amount of gratitude and respect, and I hope we can actually make a difference. I hope it's also a testament to the songs. I've always wanted my songs to be about healing and self-empowerment, and if this is the way MTV is acknowledging that, then I am incredibly grateful."

The show, which will include local acts, will be broadcast on Myanmar national television and will air on MTV's international network in 2013. Mraz hosted a similar concert in the Philippines last year. He first became interested in the issue about four years ago when he attended the Freedom Awards, an annual salute to those working against human exploitation put on by the organization Free the Slaves.

"I thought this was something that was abolished when Abraham Lincoln signed the Emancipation Proclamation, but all it did is become hidden from our view," Mraz said in a phone interview from Zurich, Switzerland. "There was a recent estimate that there are about 27 million people enslaved on the planet, certainly due to hard economic times not just in the Western world but certainly in Third World countries. Humans as a commodity is a great way to run your business. So I signed on, lent my voice, lent my music to the cause."

Myanmar is opening itself to the world since a military junta ceded power to a new elected government last year. President Thein Sein's government has pushed the country toward democracy, and this Monday Barack Obama is scheduled to become the first sitting U.S. president to visit the country.

Mraz says there is concern predators will prey on the vulnerable in this time of great flux. The concert offers an opportunity to "educate, empower and engage." The 35-year-old singer says he plans to tailor his show to the message.

"I do curate a set list that I feel is going to be part of that educate, empower and engage (theme)," he said. "Obviously songs like 'I'm Yours,' 'I Won't Give Up' are great examples. Or '93 Million Miles' is a new one where it's about believing in yourself. And a lot of my songs are about that, about believing in yourself and really going for your dreams. Those are the kinds of songs I'll be playing at that show."

___

Online:

http://jasonmraz.com

http://mtvexit.org

___

Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott .

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For Alzheimer’s, Detection Advances Outpace Treatment Options


Joshua Lott for The New York Times


Awilda Jimenez got a scan for Alzheimer’s after she started forgetting things. It was positive.







When Awilda Jimenez started forgetting things last year, her husband, Edwin, felt a shiver of dread. Her mother had developed Alzheimer’s in her 50s. Could his wife, 61, have it, too?




He learned there was a new brain scan to diagnose the disease and nervously agreed to get her one, secretly hoping it would lay his fears to rest. In June, his wife became what her doctor says is the first private patient in Arizona to have the test.


“The scan was floridly positive,” said her doctor, Adam S. Fleisher, director of brain imaging at the Banner Alzheimer’s Institute in Phoenix.


The Jimenezes have struggled ever since to deal with this devastating news. They are confronting a problem of the new era of Alzheimer’s research: The ability to detect the disease has leapt far ahead of treatments. There are none that can stop or even significantly slow the inexorable progression to dementia and death.


Families like the Jimenezes, with no good options, can only ask: Should they live their lives differently, get their affairs in order, join a clinical trial of an experimental drug?


“I was hoping the scan would be negative,” Mr. Jimenez said. “When I found out it was positive, my heart sank.”


The new brain scan technology, which went on the market in June, is spreading fast. There are already more than 300 hospitals and imaging centers, located in most major metropolitan areas, that are ready to perform the scans, according to Eli Lilly, which sells the tracer used to mark plaque for the scan.


The scans show plaques in the brain — barnaclelike clumps of protein, beta amyloid — that, together with dementia, are the defining feature of Alzheimer’s disease. Those who have dementia but do not have excessive plaques do not have Alzheimer’s. It is no longer necessary to wait until the person dies and has an autopsy to learn if the brain was studded with plaques.


Many insurers, including Medicare, will not yet pay for the new scans, which cost several thousand dollars. And getting one comes with serious risks. While federal law prevents insurers and employers from discriminating based on genetic tests, it does not apply to scans. People with brain plaques can be denied long-term care insurance.


The Food and Drug Administration, worried about interpretations of the scans, has required something new: Doctors must take a test showing they can read them accurately before they begin doing them. So far, 700 doctors have qualified, according to Eli Lilly. Other kinds of diagnostic scans have no such requirement.


In another unusual feature, the F.D.A. requires that radiologists not be told anything about the patient. They are generally trained to incorporate clinical information into their interpretation of other types of scans, said Dr. R. Dwaine Rieves, director of the drug agency’s Division of Medical Imaging Products.


But in this case, clinical information may lead radiologists to inadvertently shade their reports to coincide with what doctors suspect is the underlying disease. With Alzheimer’s, Dr. Rieves said, “clinical impressions have been misleading.”


“This is a big change in the world of image interpretation,” he said.


Like some other Alzheimer’s experts, Dr. Fleisher used the amyloid scan for several years as part of a research study that led to its F.D.A. approval. Subjects were not told what the scans showed. Now, with the scan on the market, the rules have changed.


Dr. Fleisher’s first patient was Mrs. Jimenez. Her husband, the family breadwinner, had lost his job as a computer consultant when the couple moved from New York to Arizona to take care of Mrs. Jimenez’s mother. Paying several thousand dollars for a scan was out of the question. But Dr. Fleisher found a radiologist, Dr. Mantej Singh Sra of Sun Radiology, who was so eager to get into the business that he agreed to do Mrs. Jimenez’s scan free. His plan was to be the first in Arizona to do a scan, and advertise it.


After Dr. Sra did the scan, the Jimenezes returned to Dr. Fleisher to learn the result.


Dr. Fleisher, sad to see so much plaque in Mrs. Jimenez’s brain, referred her to a psychiatrist to help with anxiety and suggested she enter clinical trials of experimental drugs.


But Mr. Jimenez did not like that idea. He worried about unexpected side effects.


“Tempting as it is, where do you draw the line?” he asks. “At what point do you take a risk with a loved one?”


At Mount Sinai Medical Center in New York, Dr. Samuel E. Gandy found that his patients — mostly affluent — were unfazed by the medical center’s $3,750 price for the scan. He has been ordering at least one a week for people with symptoms ambiguous enough to suggest the possibility of brain plaques.


Most of his patients want their names kept confidential, fearing an inability to get long-term care insurance, or just wanting privacy.


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JPMorgan's California energy dealings draw more fire









State and federal energy regulators moved on two fronts against the giant investment bank JPMorgan Chase & Co. over its dealings in the California electricity market.


On Wednesday, the Federal Energy Regulatory Commission hit Morgan's electricity-trading unit with one of the most stringent penalties in its arsenal, barring it from selling electricity in California's auction-based market for six months starting in April.


The ruling, which may deprive Morgan of millions of dollars in profits in California, stemmed from FERC's conclusion that JPMorgan Ventures Energy Corp. had misled the agency in its investigation of alleged overcharges to the California Independent System Operator, which runs much of the state's wholesale power grid.








Meanwhile, the ISO moved Thursday to stop Morgan from blocking the upgrade of two Huntington Beach power plants considered key to keeping air conditioners humming next summer in Southern California. Morgan could not be reached for comment.


The operator of California's far-flung power grid filed a petition with federal regulators, accusing Morgan of raising legal obstacles to getting the plants working in time to avoid possible brownouts and rolling blackouts when the temperatures climb.


The shoreline facilities, currently not in use, are needed to help make up for the loss of more than 2,000 megawatts of power caused by the shutdown for safety reasons of both reactors at Southern California Edison's San Onofre Nuclear Generating Station.


Several power plants in Huntington Beach are owned by AES Corp. Two of them currently supply power to Morgan. But it is two other plants there, currently not operating, that the state wants to upgrade.


But the ISO says AES is balking, saying Morgan doesn't want to go along with the upgrade. The state is trying to force Morgan and AES to go ahead.


Grid operators want FERC to rule that JPMorgan's consent is not needed to retrofit the Huntington Beach power plants. The retrofit is essential to maintain sufficiently high voltage in transmission lines to meet peak summertime demand.


"The inability to resolve the consent issue in time to allow construction to commence in early 2013 could leave Southern California exposed to reliance on a widespread load-shedding scheme in the summer of 2013," state officials warned the commission.


The state agency's petition was submitted one day after federal energy regulators suspended JPMorgan Ventures after finding that the energy firm had provided false data and omitted important information during the federal investigation. It is reviewing state allegations that the firm hit utilities with excessive charges of as much as $73 million in 2011 and the beginning of this year.


Of that, the state has recovered about $20 million in overcharges, said Stephanie McCorkle, a spokeswoman for the state power grid operator.


The suspension was ordered to begin April 13 of next year. The delay was aimed at giving the grid managers sufficient time to contract for new power deliveries to ensure the lights stay on across the state.


JPMorgan Ventures is one of several energy-trading firms that buy and sell power nationally and play a key role in delivering electricity to states when demand is high and supplies are short.


The firm fought the suspension and told the commission in October that the company's actions were "inadvertent mistakes" and said that suspending its trading authority would be an "unjustified reaction to unintentional, good-faith mistakes, misunderstandings and miscommunications."


marc.lifsher@latimes.com





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California backs a 'fiscal cliff' compromise — sort of, poll says









As America careens toward the year-end "fiscal cliff" with Democrats pressing for tax hikes and Republicans demanding budget cuts, California voters have one firm word for their elected officials:

Compromise.

By that they mean: Make the other side compromise.





In a survey that confirms the difficulty of coming up with popular ways to do unpopular things, a USC Dornsife/Los Angeles Times poll found that 3 in 5 Californians want their elected officials to "compromise with the opposite party, even if that means giving up some long-held positions."

But things foundered on the details.

When Democrats were asked whether cuts in Medicare and Social Security benefits should be offered to get Republican agreement on some tax hikes, or whether all reductions were off the table, they strongly opposed any benefit cuts.

When Republicans were asked whether some revenue hikes should be accepted to get Democrats to agree to benefit cuts, they just as firmly opposed any tax increases.

The independent voters in the middle sided with Democrats in saying that benefits should not be sacrificed for tax hikes. Only narrowly did they say that Republicans should agree to raise taxes as part of a budget deal that would also slice benefits.

In short, the state that is often cast as far out on the fringe of the nation's political thought demonstrated that it has at least this in common with everywhere else: defining compromise as a one-way street.

"People are in favor of compromise as long as other people are doing the compromising," said David Kanevsky of the Republican firm American Viewpoint, half of a bipartisan duo that conducted the poll for The Times and the USC Dornsife College of Letters, Arts and Sciences.

The poll also confirmed the outcome of last week's election, in which President Obama won a second romping victory in California. There was broad support for the president and his campaign proposal to raise taxes on incomes over $250,000 a year.

Given a choice of three options loudly debated in the campaign, 51% of Californians said the George W. Bush administration tax cuts set to expire at the end of the year should be left in place for those making less than that amount. Only 28% took the position espoused by Republican leaders that all of the tax cuts should remain in place. A smaller group still, 17%, said everyone's taxes should be raised to help cut the nation's deficit.

"This is a difficult problem to solve, but the president's agenda came out of this in a strong position in California," said Drew Lieberman of Greenberg Quinlan Rosner Research, the Democratic poll partner of American Viewpoint.

When budget options for the fight now brewing in Washington were proposed separately, California was generally in line with voters elsewhere in the nation. Voters took a measured approach to taxes, weren't keen on cutting the defense budget and objected strenuously to cuts in social programs, Medicare and Social Security. Essentially, they endorsed the stalemate that has blocked both parties from attacking the federal deficit.

Asked whether taxes should be raised wholesale, Californians objected, 54% to 43%. Anti-tax feelings were shared by unusual bedfellows: 79% of Republicans, 65% of Latinos, 60% of those making less than $50,000 a year.

Sentiment flipped when it came to raising taxes on those making more than $250,000 a year, an option supported by 67% of respondents; 31% opposed it. Most major demographic and ideological groups, except for Republicans, strongly backed such a move. Even those most directly affected — those making more than $100,000 — favored a tax hike by a 24-percentage-point margin.

When it came to budget cuts, Californians were split on whether to cut defense spending by $600 billion, as required in the budget deal agreed to by Obama and Republicans last year. Democrats backed the cuts by almost 2 to 1, while independent voters gave it narrow support and Republicans strongly objected.

No substitute cuts passed muster, however. Seventy percent of Californians rejected replacing the defense cuts with ones to spending on education and healthcare. All major groups but Republicans shared that view; Republicans were split on domestic cuts.

Objections ran even stronger to proposed reductions in Medicare and Social Security benefits, part of the turf on which the presidential campaign was fought. At least 4 in 5 white voters, Latinos and Democrats rejected such cuts, as did 75% of Republicans and independent voters.

"You have to feel bad for voters," said poll director Dan Schnur of the Jesse M. Unruh School of Politics at USC. "After a yearlong presidential campaign, no one has bothered to tell them that raising taxes on people making over $250,000 does not balance the federal budget. No one on either side.





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'30 Rock' heroine Liz Lemon to wed this month

NEW YORK (AP) — NBC says Liz Lemon, the harried heroine of "30 Rock," will soon be getting married.

The network said Thursday the perennial bridesmaid played by Tina Fey will wed on the "30 Rock" episode that airs Nov. 29.

Who's the lucky groom? He's Criss Chros, played by guest star James Marsden. Criss, who arrived on the scene last season, is a would-be entrepreneur with a bright smile and a dim wit.

"30 Rock" is the saga of Lemon, the overextended producer of a fictitious comedy series. She is surrounded by kookie comrades like company boss Jack Donaghy, played by Alec Baldwin, and her boisterously unhinged star Tracy Jordan, played by Tracy Morgan.

"30 Rock" will conclude its seven-season run early next year.

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5-Hour Energy Is Cited in 13 Death Reports





Federal officials have received reports of 13 deaths over the last four years that cited the possible involvement of 5-Hour Energy, a highly caffeinated energy shot, according to Food and Drug Administration records and an interview with an agency official.




The disclosure of the reports is the second time in recent weeks that F.D.A. filings citing energy drinks and deaths have emerged. Last month, the agency acknowledged it had received five fatality filings mentioning another popular energy drink, Monster Energy.


Since 2009, 5-Hour Energy has been mentioned in some 90 filings with the F.D.A., including more than 30 that involved serious or life-threatening injuries like heart attacks, convulsions and, in one case, a spontaneous abortion, a summary of F.D.A. records reviewed by The New York Times showed.


The filing of an incident report with the F.D.A. does not mean that a product was responsible for a death or an injury or contributed in any way to it. Such reports can be fragmentary in nature and difficult to investigate.


The distributor of 5-Hour Energy, Living Essentials of Farmington Hills, Mich., did not respond to written questions about the filings, and its top executive declined to be interviewed. Living Essentials is a unit of the product’s producer, Innovation Ventures.


However, in a statement, Living Essentials said the product was safe when used as directed and that it was “unaware of any deaths proven to be caused by the consumption of 5-Hour Energy.”


Since the public disclosure of reports about Monster Energy, its producer, Monster Beverage of Corona, Calif., has repeatedly said that its products are safe, adding that they were not the cause of any of the health problems reported to the F.D.A.


Shares of Monster Beverage, which traded above $80 earlier this year, closed Wednesday at $44.74.


The fast-growing energy drink industry is facing increasing scrutiny over issues like labeling disclosures and possible health risks. Some lawmakers are calling on the F.D.A. to increase its regulation of the products and the New York State attorney general is investigating the practices of several producers.


Unlike Red Bull, Monster Energy and some other energy drinks that look like beverages, 5-Hour Energy is sold in a two-ounce bottle referred to as a shot. The company does not disclose the amount of caffeine in each bottle, but a recent article published by Consumer Reports placed that level at about 215 milligrams.


An eight-ounce cup of coffee, depending on how it is made, can contain from 100 to 150 milligrams of caffeine.


The F.D.A. has stated that it does not have sufficient scientific evidence to justify changing how it regulates caffeine or other ingredients in energy products. The issue of how to do so is complicated by the fact that some high-caffeine drinks, like Red Bull, are sold under agency rules governing beverages, while others, like 5-Hour Energy and Monster Energy, are marketed as dietary supplements. The categories have differing ingredient rules and reporting requirements.


In an interview Wednesday, Daniel Fabricant, the director of the agency’s division of dietary supplement programs, said the agency was looking into the death reports that cited 5-Hour Energy. He said that while medical information in such reports could rule out a link with the product, other reports could contain insufficient information to determine what role, if any, a supplement might have played.


Mr. Fabricant said that the 13 fatality reports that mentioned 5-Hour Energy had all been submitted to the F.D.A. by Living Essentials. Since late 2008, producers of dietary supplements are required to notify the F.D.A. when they become aware of a death or serious injury that may be related to their product.


Currently, the agency does not publicly disclose adverse event filings about dietary supplements like 5-Hour Energy. Companies that market energy drinks as beverages are not required to make such reports to the agency, although they can do so voluntarily, Mr. Fabricant said.


Along with caffeine, 5-Hour Energy contains other ingredients, like very high levels of certain B vitamins and a substance called taurine.


Reached by telephone, the chief executive of the Living Essentials, Manoj Bhargava, declined to discuss the filings and said he believed an article about the reports would cast the company in a negative light.


“I am not interested in making any comment,” Mr. Bhargava said.


Subsequently, the company issued a statement that said, among other things, that it took “reports of any potential adverse event tied to our products very seriously,” adding that the company complied “with all of our reporting requirements” to the F.D.A.


The company also stated that it marketed 5-Hour Energy to “hardworking adults who need an extra boost of energy.” The product’s label recommends that it not be used by woman who are pregnant or by children under 12 years of age.


The number of reports filed with the F.D.A. that mention 5-Hour Energy appears particularly striking. In 2010, for example, the F.D.A. received a total of 17 fatality reports that mentioned a dietary supplement or a weight loss product, two broad categories that cover more than 50,000 products, according to Mr. Fabricant, the F.D.A. official.


He added that it was difficult to put the volume of 5-Hour Energy filings into context because he believed that some supplement manufacturers were probably not following the mandated reporting rules and that consumers and doctors might also be unaware that they can file incident reports with the agency. Last year, the F.D.A. received only 2,000 reports about fatalities or serious injuries that cited dietary supplements and weight loss products, he said.


Another federal agency, the Substance Abuse and Mental Health Services Administration, reported late last year that more than 13,000 emergency room visits in 2009 were associated with energy drinks alone.


Along with Living Essentials, The Times sent queries last week to several producers asking whether they had received reports linking fatalities or serious injuries to their products.


Representatives for two of those companies — Red Bull and Coca-Cola, which sells NOS and Full Throttle — said they were unaware of any such reports. A representative for PepsiCo, which makes Amp, also said it was unaware of any such reports.


In addition to Red Bull, NOS, Full Throttle and Amp are also marketed as beverages, rather than as dietary supplements.


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Staying smart about end-of-year healthcare









November is one of the most important months for health benefits. And it's half over.

This month is a time of open enrollment, when many workers sign up for next year's health insurance. Deadlines are a big deal, and you don't want to miss one.

But once you're set for 2013, experts say, shift your attention back to 2012 and those use-'em-or-lose-'em benefits awaiting you.





"Anything employees can do to accelerate elective care at year end allows them to get the full benefit" of their health plans, says Mike Thompson of consulting firm PricewaterhouseCoopers.

Here is a look at ways experts recommend to avoid leaving money on the table.

Make the most of your deductibles. Deductibles — the money you're required to pay out of pocket before insurance covers all or part of your healthcare services — are becoming more prevalent and more expensive.

If you've met your annual deductible for 2012, now may be a good time to schedule any medical treatment you've been delaying.

"At the beginning of the calendar year, everything resets with new out-of-pocket limits and deductibles. It's better to get any discretionary services done by the end of the year so you're in benefit and can get expenses reimbursed," Thompson says.

Today, a person with single coverage pays $1,097 on average in medical bills before insurance kicks in. According to Menlo Park, Calif.-based Kaiser Family Foundation, 72% of workers enrolled in an employer plan are on the hook for a deductible, up from about half in 2006. The amount of deductibles has also risen 88% during the same period.

And don't forget the possible savings of ordering prescription drugs before year end. You may be able to order a 90-day supply now to get you through the first few months of the year.

"It may make sense to accelerate your purchases of prescription drugs toward the end of the year because you know you're going to need them and they won't be subject to the deductible," Thompson says.

Be careful with your calculations. It should be easy to determine whether you've met your deductible for the year. But it can get tricky when you consider a lag, sometimes months long, between the time your doctor submits a claim and your insurance company processes it. You and your insurer may not have the same tally with regard to how much you've spent during this benefit year.

"My recommendation is to work with your broker's office to get an accurate assessment as to where you are in your benefit," says Dave Morgan, senior employee benefits advisor with Morris and Garritano Insurance Services in San Luis Obispo.

If you get health insurance at work, talk with your benefits or human resources department for assistance.

Coordinate your care. There's a caveat to the recommendation that you squeeze in care before New Year's Day. Consider first, Morgan says, the "choreography" of your care and how that may affect costs.

For example, knee surgery is likely to require months of follow-up physical therapy. Would it be less expensive to have your surgery fully covered in 2012 and pay cash for your physical therapy starting in 2013 before your deductible is met? Or, might holding off on the surgery until early 2013 result in less cash out of your pocket given the overall course of treatment?

To reap the greatest benefit from your health plan, do the math on both scenarios.

Splitting care between one year and the next can make sense, especially for dentistry. Dental plans typically come with an annual maximum benefit of $1,000 to $1,500. If you're in need of an expensive procedure, it may make financial sense to get started in December and finish in January.

"There's no perfect way to navigate all of this," says Martin Rosen, executive vice president of Health Advocate, a patient advocacy organization based in Pennsylvania. The key, Rosen says, is to "understand how your particular plan works and the leverage points throughout the year for which timing does make a difference."

Use your annual benefits. Be sure to take advantage of benefits with calendar limits, such as semi-annual dental cleanings, free eyeglasses or contact lenses. The same goes for preventive health services.

"When you get that preventive care, you're going to have a sense of what issues you'll face with your health in the coming year," Morgan says. That may better inform your 2013 health benefit choices as well as how much money to set aside in a Flexible Spending Account, or FSA, for next year.

Use all your FSA money. Unlike Health Savings Accounts, or HSAs, which allow you to roll over pretax dollar savings from one year to the next, FSAs have a shelf life. Typically you need to fully spend the account by year's end or you'll lose the money left over.

On average, people forfeit about $120 each year, says Jody Dietel, chief compliance officer at San Mateo, Calif.-based WageWorks, which administers employer-based tax advantaged accounts.

The IRS allows a grace period of 2 1/2 months, or by mid-March of the following year, to spend FSA money. And, according to Dietel, 75% of her company's 22,000 employer clients offer employees a grace period. But the length of time varies widely among employers, so check with your plan administrator to learn what's allowed.

Also, keep in mind that some rules have recently changed because of health reform. "For example, with an FSA you can't get over-the-counter drugs without a prescription from the doctor," Rosen says. To see a list of eligible expenses, go to the FSA Store at http://www.fsastore.com and click on the eligibility list at the bottom of the home page.

Many people lose money simply by failing to claim the expenses they already have, Dietel says. "Go and see if there is unfound money someplace," she says.

For example, if you fill all your prescriptions at the same pharmacy, ask the pharmacist to print a list of the co-pays for this year, and submit any outstanding charges to your Flexible Spending Account.

One final piece of advice before you pick up the phone to schedule your end-of-year doctor visit: Follow your health plan's rules, Morgan says. Stay in your health plan's network of doctors and hospital, and "make sure you have the proper pre-authorization in place."

business@latimes.com





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FHA gives those who defaulted on homes another chance









After two foreclosures and two bankruptcies, Hermes Maldonado is as surprised as anyone that he's getting a third shot at homeownership.

The 61-year-old machine operator at a plastics factory bought a $170,000 house in Moreno Valley this summer that boasts laminate-wood floors and squeaky clean appliances. He got the four-bedroom, two-story house despite a pockmarked credit history.

The last time he owned a home, Maldonado refinanced four times and took on a second mortgage. He put a Cadillac and Mercedes-Benz C300W in the driveway and racked up about $45,000 in credit card bills and other debts. His debt-fueled lifestyle ended only when he was forced into bankruptcy.





His reentry into homeownership three years later came courtesy of the Federal Housing Administration. The agency has become a major source of cash for so-called rebound buyers — a burgeoning crop of homeowners with past defaults who otherwise would be shut out of the market.

"After everything that happened, thank God I was able to buy another house," Maldonado said in Spanish. "Now, it's good because the interest rates are low and there are lots of homes."

The FHA, which backs nearly 8 million loans, is helping rebound buyers recapture the American dream, boosting the housing market in the process. But that's touched off a fierce debate about the financial and ethical wisdom of bankrolling borrowers who contributed to the last housing bubble — and the potential cost to taxpayers.

The agency has suffered deepening losses in the last three years that have put it under enormous scrutiny.

Created during the Great Depression to revive the devastated housing market, the FHA doesn't originate loans. It guarantees mortgages made by banks in exchange for insurance premiums. The agency now insures more than $1 trillion worth of homes. This year it has backed roughly 14% of all mortgage originations, according to the trade publication Inside Mortgage Finance.

Critics worry that the FHA is foolishly allowing marginal buyers to get loans just three years after foreclosure with as little as 3.5% down. What's more, the agency doesn't even track how many rebound borrowers it backs.

Exactly how much money is hemorrhaging from the agency could be revealed Thursday, when the agency files a self-evaluation report to Congress. Analysts say the FHA could request a bailout from the U.S. Treasury for the first time in its history.

What's unclear is how much money the agency needs to stay afloat. The Housing and Urban Development Department, however, projects $13 billion might be needed.

"It looks uglier and uglier for the FHA," said Anthony Yezer, a George Washington University economics professor.

At a minimum, the experiences of Maldonado and other rebound borrowers illustrate how fast the financial errors of the boom are being wiped clean by government policy that is eager to give the housing market a boost.

"If somebody goes through foreclosure or bankruptcy, or whatever, you don't allow them to jump back into the housing market as quickly as three years," said Guy Cecala, publisher of Inside Mortgage Finance. "Aren't you setting yourself up for future losses ... if you make those loans to the same high-risk borrowers?"

Proponents say rebound lending is essential to the economy. This group has emerged as an unexpected source of strength for housing this year, particularly in badly scarred areas such as the Inland Empire.

Besides, advocates argue, giving people a second chance — or even a third chance — is as deeply ingrained in American culture as buying a home itself.

"It's happening quite a bit," said Doug Shepherd, owner of Shepherd Realty Group in Riverside. "It is something that is an important part of the coming market."

Home builders and real estate agents are capitalizing on this market.

Some even keep files on former homeowners who will become eligible to apply for new loans once past transgressions are cleared from their credit reports.

Greg McGuff, the Inland Empire division president for home builder Lennar Corp., said roughly 1 in 5 buyers in his region had either a previous short sale or a foreclosure. Many of them are eager to own again and often recognize the opportunity that declining prices and low-interest mortgage rates provide.





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Software pioneer McAfee says framed for murder in Belize
















BELIZE CITY (Reuters) – Computer security industry pioneer John McAfee says he has gone into hiding in Belize because he believes authorities there are trying to frame him for the murder of a neighbor, a crime he says he did not commit, according to Wired magazine.


Belize police are searching for McAfee as “a person of interest” in a murder investigation.













“You can say I’m paranoid about it, but they will kill me, there is no question. They’ve been trying to get me for months. They want to silence me,” Wired quoted McAfee as saying on its website. “I am not well liked by the prime minister. I am just a thorn in everybody’s side.”


The magazine reported that McAfee, 67, contacted one of its reporters by telephone after his neighbor Gregory Faull, was found dead on Sunday in a pool of blood. The 52-year-old American was apparently shot in the head in his home on the island of Ambergris Caye.


Police say McAfee had a history of conflict with Faull, whose post-mortem was expected to be conducted on Tuesday.


McAfee, who amassed a fortune by building the anti-virus company that bears his name, has homes and businesses in the Central American country where police say he has lived for at least two years.


It was not the first time McAfee, who has tattoos, a goatee beard and mustache, and a penchant for guns, has drawn police attention in Belize.


His premises were raided earlier this year after he was accused of holding firearms, though most were found to be licensed. The final outcome of the case is pending.


He was also suspected of running a lab to make the synthetic drug crystal meth.


“He was suspected (of making crystal meth) but he was not convicted nor was he charged. He was only suspected,” said Belize police spokesman Raphael Martinez.


McAfee also owns a security company in Belize as well as several properties, an ecological enterprise and a water taxi and ferry business.


Reuters could not reach McAfee, who police want to question.


“It would be quite nice for him to come in and answer some of the questions that could lead to the closure of this case,” Martinez said. “He is not wanted for murder, but he is wanted for questioning as a person of interest.”


One man in Belize who knows McAfee well told Reuters he believed the American’s troubles began when he turned down requests for donations to the ruling United Democratic Party (UDP) to help fund its successful re-election bid in March.


“He rejected them because he doesn’t believe in participating in politics,” said the man, who spoke on condition of anonymity, calling McAfee an “honorable person.”


McAfee said earlier this year he had refused to donate to the UDP, which could not immediately be reached for comment.


The Belize police department has reached out to counterparts in neighboring Mexico and Guatemala, asking them to detain McAfee if he leaves Belize overland.


McAfee was one of Silicon Valley’s first entrepreneurs to amass a fortune by building a business off the Internet.


The former Lockheed systems consultant started McAfee Associates in 1989, initially distributing anti-virus software as “shareware” on Internet bulletin boards.


He took the company public in 1992 and left two years later following accusations that he had hyped the arrival of a virus known as Michelangelo, which turned out to be a dud, to scare computer users into buying his company’s products.


McAfee currently has no relationship with the software company, which has since been sold to Intel Corp.


(Reporting by Jim Finkle in Boston, Jose Sanchez in Belize City, Simon Gardner and Dave Graham in Mexico City; Editing by Kieran Murray and Eric Walsh)


Internet News Headlines – Yahoo! News



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'Gangnam Style' star joins Madonna onstage at MSG

NEW YORK (AP) — Madonna has gone "Gangnam Style."

Korean pop star PSY joined the pop icon Tuesday night during her second show this week at Madison Square Garden. They danced to his pop culture anthem "Gangnam Style" and to her jam "Music" in front of nearly 20,000.

Madonna said PSY flew "all the way from Frankfurt, Germany this morning." She also said she was a big fan of the rapper and loved his suit, which was bright red.

He added that he's had a lot of experiences in the last few months, and that performing at MSG with Madonna topped his list.

Madonna also collected money for those affected by Superstorm Sandy. Fans threw money onstage while she sang "Like a Virgin." She said she collected $3,000 at Monday's show.

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Lance Armstrong Cuts Officials Ties With His Livestrong Charity


In the wake of being stripped of his seven Tour de France titles for doping, Lance Armstrong last week cut all official ties with Livestrong, the charity he founded 15 years ago while he was treated for testicular cancer.


On Nov. 4, he resigned from the organization’s board of directors; he had previously stepped down as the chairman of the board Oct. 17. He has distanced himself from the charity to try to protect it from any damage caused by his doping controversy, the new board chairman, Jeff Garvey, said in a statement.


“Lance Armstrong was instrumental in changing the way the world views people affected by cancer,” Garvey said. “His devotion to serving survivors is unparalleled, and for 15 years, he committed himself to that cause with all his heart.”


Garvey said that the Armstrong family had donated nearly $7 million to the foundation and that the organization under Armstrong had raised close to $500 million to serve cancer survivors.


Last month, the United States Anti-Doping Agency made public its evidence in its doping case against Armstrong, saying he had doped and encouraged his teammates to dope so they could help him win races. He was subsequently barred from Olympic sports for life and was stripped of all the cycling titles he won from August 1998 on.


Since then, Armstrong has spent several weeks in Hawaii, out of the public eye. On Saturday, though, he posted a photograph on Twitter showing him at home in Austin, Tex. He is lounging on a couch with his seven yellow Tour jerseys framed on the wall in the background.


In the post, he said, “Back in Austin and just layin’ around.” The photograph had more than 400,000 page views as of Monday evening, with many people posting negative comments on the page.


“Lance, you have no moral conscious and it’s obvious many of your followers don’t either,” said one person who went by the Twitter handle “irobot,” who also posted that Armstrong needed “professional help.”


A person posting under the name “Aumann” said: “An art thief enjoying all his da Vincis.”


Other people posted words of support, including many who said they still thought Armstrong was the top cyclist in history.


“TomShelton” said of Armstrong’s seven Tour titles, “You earned all 7 of them no matter what is being said about you!”


This article has been revised to reflect the following correction:

Correction: November 13, 2012

An earlier version of this article misstated Jeff Garvey’s estimate of the sum the Livestrong charity had raised to serve cancer survivors. It was close to $500 million, not close to $300 million.



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Windows exec's abrupt exit is poor timing for Microsoft









Turns out Microsoft Corp.'s radical overhaul of its Windows operating system last month wasn't the only big change in store for the company.

The abrupt departure of Steven Sinofsky, president of Windows and Windows Live, is being called poor timing for the tech behemoth. It's also seen as a sign that longtime Chief Executive Steve Ballmer has no plans to step down anytime soon.

Sinofsky's exit, just weeks after the company rolled out the Windows 8 operating system, "doesn't necessarily reflect well on the company," said Kirk Materne, managing director at Evercore Partners.





"I think if you're Steve, having this happen right after creates a level of distraction that you don't want in the first place," he said. "It's never great when you've had this much turnover at the senior level of a company that is really trying to gain its footing in markets like tablet and mobile."

Shares of Microsoft slid 90 cents, or 3.2%, to $27.09 on Tuesday. Its stock has languished in the last decade — virtually unchanged — while shares of rival Apple Inc. have climbed more than 6,700%.

Microsoft is under pressure to impress consumers and investors with its latest offerings, which include Windows 8 and its new Surface device, a hybrid tablet-laptop that launched last month.

But both products have been met with lackluster interest. Windows 8 debuted to low investor expectations, and reviews for the revamped operating system have been mixed, with some users saying it's at times confusing to use.

The Surface, meanwhile, was buzz-worthy when it was first unveiled, but analysts seem unconvinced that it will make a dent in a market currently dominated by Apple's iPad. Although the hardware is sleek, the Surface lacks applications compared with the iPad, and its highly touted snap-on keyboard that doubles as a cover is difficult to accurately type on, reviewers have said.

The Windows 8 launch was said to be the biggest revamp of the operating system in nearly two decades. The latest update includes a new interface called the Start screen that was designed for tablets and touch-screen computers and features moving tiles similar to those on Windows Phone devices. Microsoft wants the new Start screen interface to be the future of Windows.

"The general conclusion of Win 8 is on the surface, it's a solid first start," Materne said. "It's not mind-blowing, it's not going to immediately recapture market share, but it gets them back in the ballgame to a certain degree."

Sinofsky, a 23-year Microsoft veteran, was in charge of the Windows 8 and Surface efforts at the Redmond, Wash., company. He was a polarizing figure in the office with a tough management style and was rumored to be in line to succeed Ballmer, who has been chief executive since 2000.

In an employee memo Monday, the day Microsoft announced his departure, Sinofsky said he had decided to leave to seek "new opportunities."

"With the general availability of Windows 8/RT and Surface, I have decided it is time for me to take a step back from my responsibilities at Microsoft," he said. "I've always advocated using the break between product cycles as an opportunity to reflect and to look ahead, and that applies to me too."

Now that Sinofsky has left, analysts — some of whom speculated there had been a rift between Sinofsky and Ballmer — say they expect a new direction for the Windows division.

"Sinofsky was a highly talented operator who hit product release dates, got delivery in Windows to be more reliable, and was pivotal to successful Office and Win 7 releases," Morgan Stanley analyst Adam Holt said in a note to investors. "While he is a loss for Microsoft, Windows has entered a different phase where cultivation of developers, collaboration between product groups, integration with the mobile operating system and a focus on applications become more important."

Sinofsky will be replaced by Julie Larson-Green, who has been with the company since 1993 and oversaw program management, user interface design and research for Windows 7 and 8. She will lead all Windows software and hardware engineering.

Tami Reller, Windows chief financial officer and chief marketing officer, also will assume responsibility for the business of Windows.

There could be a bit of a learning curve in the meantime, said equity analyst Angelo Zino of S&P Capital IQ.

"We are surprised by the announcement, given Sinofsky's recent success as well as a belief by many that he could eventually have been the successor to CEO Steve Ballmer," he said. "While we are confident in the abilities of both individuals, we see the change increasing product development risk to future Windows releases."

andrea.chang@latimes.com





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Secret donation hindered campaigns, GOP advisors say









SACRAMENTO — An $11-million campaign donation that was secretly routed through an obscure Arizona group might have hurt the conservative effort in California on election day more than it helped, Republican operatives say.

The money went to oppose Gov. Jerry Brown's tax hikes, Proposition 30, and push a ballot measure to curb unions' political fundraising, Proposition 32. Voters approved the governor's tax plan and rejected the proposal to reduce labor's influence in California politics.

Some people behind the conservative campaigns now have second thoughts about the money's effect.





"At the end of the day, it was a significant distraction that took us off our campaign message," said Beth Miller, a spokeswoman for the Small Business Action Committee, which received the controversial $11 million.

Brown attacked the donation during many of his stump speeches, accusing "shadowy forces" of trying to undermine California's schools. If his tax plan failed, nearly $6 billion would have been cut from the budget, mostly from public schools.

Members of Brown's campaign team said the donation was something of a political gift. "They gave us the issue while hitting us in the nose," said Sean Clegg, a campaign advisor.

The furor over the money became one of the most closely watched sideshows in the final days before the Nov. 6 election.

State authorities sued the Arizona group, Americans for Responsible Leadership. The nonprofit group eventually named its contributors, but the mystery only deepened — the contributors were identified only as other nonprofits, which keep their donors secret.

Aaron McLear, a Republican strategist who worked against the tax plan, said Brown was successful in turning the controversy into a campaign issue.

"He was able to create a bigger boogeyman than Sacramento politicians, which is hard to do," he said.

Despite the $11-million cash infusion, conservatives still didn't have the money to match the Democrats and labor unions. Brown's campaign outspent its opponents, and unions flooded the airwaves to help sink Proposition 32.

Americans for Responsible Leadership did not admit any wrongdoing when it disclosed its contributors as other nonprofits. One of them, also located in Arizona, has been tied to Charles and David Koch, billionaire energy executives and Republican donors.

California officials are pushing forward with an investigation into who gave the money and are considering civil and criminal penalties for what they called "campaign money laundering."

"It ain't over," state Atty. Gen. Kamala Harris said in a recent speech. "It wasn't over on election day and we're going to keep pushing it through."

chris.megerian@latimes.com

Times staff writer Ken Bensinger contributed to this report.





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Storm volunteers mingle with stars at Glamour fest

NEW YORK (AP) — Sandra Kyong Bradbury was star struck. She had just spied Supreme Court Justice Ruth Bader Ginsburg a few feet away.

"How can you top that?" asked Bradbury, a New York City neonatal nurse who had helped evacuate infants from a hospital that lost power during the height of Superstorm Sandy. She was amazed that she was being honored at the same event as a Supreme Court justice — the annual Glamour Women of the Year awards, where stars of film, TV, fashion and sports share the stage with lesser-known women who have equally impressive achievements to their name.

Few events bring together such an eclectic group of honorees, not to mention presenters. At the Carnegie Hall ceremony Monday night, HBO star Lena Dunham, creator of "Girls" and a heroine to a younger generation, was introduced by Chelsea Handler and paid tribute in her speech to Nora Ephron, who died earlier this year. Ethel Kennedy was praised by her daughter, Rory, who has made a film about her famous mother. Olympic gymnast Gabby Douglas, 17, was honored along with swimming phenom Missy Franklin, also 17, and other Olympic athletes, introduced by singer Mary J. Blige and serenaded by American Idol winner Phillip Phillips. Singer-actress Selena Gomez was lauded by her friend, the actor Ethan Hawke.

But the most moving moments of the Glamour awards, now in their 22nd year, are often those involving people of whom the audience hasn't heard. This year, the most touching moment came when one honoree, Pakistani activist and filmmaker Sharmeen Obaid-Chinoy, brought onstage a woman who'd been the victim of an acid attack in her native Pakistan. Obaid-Chinoy won this year's documentary short Oscar for a film about disfiguring acid attacks on Pakistani women by the men in their lives.

The evening carried reminders of Superstorm Sandy, with Newark, N.J. Mayor Cory Booker introducing some 20 women who'd been heavily involved in storm relief work. "They held us together when Sandy tried to blow us apart," Booker said. The women worked for organizations like the American Red Cross, but also smaller volunteer groups like Jersey City Sandy Recovery, an impromptu group formed by three women in Jersey City, N.J., who wanted a way to help storm-ravaged communities.

Singer-rapper Pharrell Williams introduced one of his favorite architects, the Iraqi-born Zaha Hadid, 62, who designed the aquatic center for the London Olympics and is now at work on 43 projects around the world.

Activist Erin Merryn was honored for her work increasing awareness of child sex abuse — a horror she had endured during her own childhood. A law urging schools to educate children about sex abuse prevention, Erin's Law, has now passed in four states. "I won't stop until I get it passed in all 50 states," Merryn insisted in her speech.

Vogue editor Anna Wintour saluted a fellow fashion luminary, honoree Annie Leibovitz, the creator of so many iconic photographs over the years. Jenna Lyons, the president of J. Crew, got kind words from her presenter, former supermodel Lauren Hutton. Chelsea Clinton brought up a stageful of women from across the country who had been involved in politics this year, noting that, while there is still a long way to go, progress was made in 2012.

The lifetime achievement award went to Ginsburg, 79, who made a few quips about being honored by a fashion magazine. "The judiciary is not a profession that ranks very high among the glamorously attired," the justice said. She also noted that although she was only the second female Supreme Court justice (Sandra Day O'Connor came first), she was the first justice to be honored by Glamour.

An affectionate tribute to the late Ephron followed, with three actresses — Cynthia Nixon, and two Meryl Steep daughters, Mamie and Grace Gummer, reading from a graduation speech she had given at Wellesley College.

Actress Dunham, in her speech, touched on politics and expressed her own relief that President Barack Obama had won re-election, saying she felt it was crucial for reproductive freedom and other issues of women's rights. "I wanted control of my womb before I really knew what my womb was," she quipped.

After the ceremony, which was presided over by Glamour editor in chief Cindi Leive, honorees and presenters headed to a private dinner. There, Sandy volunteers mingled with the stars. One woman, Lynier Harper, had spent six nights during Sandy at the Brooklyn YMCA where she works, taking care of other people. "When I finally went back home, my house was totally destroyed," she said. She has moved in with her sister while she seeks a new home.

A group of seven nurses came from New York University's Langone Medical Center, which lost power during the storm. The neonatal intensive care nurses had to carry the babies down nine flights of stairs, in the dark, squeezing oxygen into their lungs, to get them to safety.

And there were the three women from Jersey City Sandy Recovery, sinking in the proximity to the so many impressive people.

"I just shook Ruth Bader Ginsburg's hand," exulted one of them, Candice Osborne. "How awesome!"

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Lance Armstrong Cuts Officials Ties With His Livestrong Charity


In the wake of being stripped of his seven Tour de France titles for doping, Lance Armstrong last week cut all official ties with Livestrong, the charity he founded 15 years ago while he was treated for testicular cancer.


On Nov. 4, he resigned from the organization’s board of directors; he had previously stepped down as the chairman of the board Oct. 17. He has distanced himself from the charity to try to protect it from any damage caused by his doping controversy, the new board chairman, Jeff Garvey, said in a statement.


“Lance Armstrong was instrumental in changing the way the world views people affected by cancer,” Garvey said. “His devotion to serving survivors is unparalleled, and for 15 years, he committed himself to that cause with all his heart.”


Garvey said that the Armstrong family had donated nearly $7 million to the foundation and that the organization under Armstrong had raised close to $300 million to serve cancer survivors.


Last month, the United States Anti-Doping Agency made public its evidence in its doping case against Armstrong, saying he had doped and encouraged his teammates to dope so they could help him win races. He was subsequently barred from Olympic sports for life and was stripped of all the cycling titles he won from August 1998 on.


Since then, Armstrong has spent several weeks in Hawaii, out of the public eye. On Saturday, though, he posted a photograph on Twitter showing him at home in Austin, Tex. He is lounging on a couch with his seven yellow Tour jerseys framed on the wall in the background.


In the post, he said, “Back in Austin and just layin’ around.” The photograph had more than 400,000 page views as of Monday evening, with many people posting negative comments on the page.


“Lance, you have no moral conscious and it’s obvious many of your followers don’t either,” said one person who went by the Twitter handle “irobot,” who also posted that Armstrong needed “professional help.”


A person posting under the name “Aumann” said: “An art thief enjoying all his da Vincis.”


Other people posted words of support, including many who said they still thought Armstrong was the top cyclist in history.


“TomShelton” said of Armstrong’s seven Tour titles, “You earned all 7 of them no matter what is being said about you!”


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U.S. to become world's largest oil producer by 2020, report says

Energy reporter Ronald D. White and deputy business editor Joe Bel Bruno discuss a report that says the U.S. will become the world¿s top producer of oil within five years.









Step back, Saudi Arabia and Russia.

The U.S. will become the world's top producer of oil by 2020, a net exporter of oil around 2030 and nearly self-sufficient in energy by 2035, according to a new report from the International Energy Agency.

It's a bold set of predictions for a nation that currently imports some 20% of its energy needs.








Recently, however, an "energy renaissance" has begun in the U.S., marked by a boost in oil, shale gas and bioenergy production made possible by new technologies such as hydraulic fracturing, or fracking, and horizontal drilling, said the report by the Paris agency, which acts as an energy watchdog for industrialized nations.

Quiz: Why are California gas prices so high?

"North America is at the forefront of a sweeping transformation in oil and gas production that will affect all regions of the world," IEA Executive Director Maria van der Hoeven said. The organization Van der Hoeven heads was formed after the oil crisis of the early 1970s and serves as an energy research arm and advisor to its 28 member nations.

U.S. oil production peaked in 1970 at slightly more than 9.63 million barrels a day. Except for a modest recovery to fewer than 9 million barrels a day in 1985, U.S. crude production had been on a precipitous decline until 2008, when it bottomed out at 5 million barrels a day, seeming to validate the "peak oil" theory that output would continue falling. That was also the year that oil reached a record price of $147.27 a barrel.

But those oil prices spurred important technological developments that enabled those looking for oil to essentially see through the bottom of rock as though it were transparent, said Philip K. Verleger Jr., a visiting fellow at the Peterson Institute for International Economics.

High prices also spurred important advances in how to extract the oil that had been found. Spurred by drilling booms in North Dakota, Texas, Oklahoma and a few other locations, production has been climbing.

"It's been a huge change," said Verleger, who noted that many smaller companies with relatively few employees, and not the major oil firms, have been the driving force behind America's oil spring.

"The major oil companies abandoned the U.S. and went looking for oil overseas," Verleger said, "but they left behind a lot of smart engineers who found the oil and natural gas and they figured out how to extract it at relatively low costs."

By 2015, U.S. oil production is expected to rise to 10 million barrels per day and increase to 11.1 million barrels per day by 2020, overtaking second-place Russia and front-runner Saudi Arabia, according to the IEA's World Energy Outlook. The U.S. will export more oil than it brings into the country in 2030, the report said.

"Just a few years ago, people were still talking about peak oil. Now we're talking about the U.S. becoming the new Saudi Arabia," said Phil Flynn, an analyst with the Price Futures Group. "They said we couldn't drill our way out of this mess, but we are drilling our way out of this mess."

Around 2030, however, Saudi Arabia is expected to be producing some 11.4 million barrels of oil per day, outpacing the 10.2 million from the U.S., the IEA report said. In 2035, U.S. production will slip to 9.2 million barrels per day, far behind the Middle Eastern nation's 12.3 million daily barrels. And by 2035 Iraq will have exceeded Russia to become the world's second-largest oil exporter.

At that point, inflation-adjusted oil prices will reach $125 a barrel. By then, however, the U.S. won't be relying much on foreign energy, according to the IEA report.

Globally, the energy economy will undergo a "sea change," the report said, with nearly 90% of Middle Eastern oil exports directed toward Asia by 2035.

"No country is an energy 'island,' and the interactions between different fuels, markets and prices are intensifying," the report said.

Some energy experts said the U.S. oil production boom carried environmental consequences. Energy-related carbon dioxide emissions will creep up, according to the IEA report, causing a long-term average temperature increase of about 6.5 degrees.

They also worried that the new oil data might ultimately have the same effect of the Prudhoe Bay oil gains in Alaska in the 1970s — fostering more complacency about developing alternative forms of energy.

"New supplies alone cannot solve our energy problems," said Amy Myers Jaffe, executive director of energy and sustainability at UC Davis. "It has to be combined with greater efficiency and the continued development in alternative fuels."





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Mike D'Antoni to be next coach of the Lakers









Mike D'Antoni, not Phil Jackson, will be the next coach of the Lakers.

"We signed Mike D'Antoni to a multi-year deal," Lakers spokesman John Black said, mentioning the team's owner and top two executives. "Dr. [Jerry] Buss, Jim Buss and Mitch Kupchak were unanimous that Mike D'Antoni was the best coach for the team at this time."

D'Antoni, 61, coached the New York Knicks last season and the Phoenix Suns before that. He will officially take over the Lakers within a week or two, depending how quickly he recovers from knee-replacement surgery.





The Lakers will introduce their new coach at a news conference as early as Tuesday but more likely later in the week. Bernie Bickerstaff will remain the team's interim coach for now.

D'Antoni signed a three-year deal for $12 million. The team holds an option for a fourth year.

Jackson was the overwhelming favorite to return to the Lakers until they heard his informal demands, which included a stake in team ownership, according to a person familiar with the situation.

"He was asking for the moon," said the person, who also declined to be identified because they are not authorized to discuss the situation.

The Lakers then moved quickly to sign D'Antoni. He replaces Mike Brown, who was fired Friday after the Lakers began the season 1-4, their worst start since 1993.

Earlier Sunday, Lakers guard Steve Nash said it would "be a coup" for the Lakers to bring back Jackson, but he also had kind words for D'Antoni.

"Obviously, I think everyone knows how much I love Mike," said Nash, who played four seasons and won two MVP awards under D'Antoni in Phoenix. "If he were the coach, it would be seamless and terrific for me, and I think the team as well.”

D’Antoni was most recently employed by the Knicks, when he was forced to resign under pressure last season after an 18-24 start.

Kobe Bryant did not hide his excitement for the prospect of Jackson returning but, like Nash, he was also on board with D'Antoni.

"They know how I feel about Phil. They know how I feel about D'Antoni," Bryant said Sunday. "I like them both."

D'Antoni's coaching staff with the Lakers likely will start with two longtime assistants -- his brother, Dan D'Antoni, and Phil Weber.

The new Lakers coach has a 388-339 coaching record in the NBA. He led the Suns to the Western Conference finals in 2005 and 2006 with Nash running the show.

Bryant became familiar as a boy with D'Antoni, who was a star in the Italian league in the 1980s, when Bryant's father also played in Italy. D'Antoni helped Olimpia Milano win five league titles and two European club titles. D'Antoni also worked with Bryant on the U.S. national team as an assistant.

ALSO:

Photos: Lakers Coach Mike D'Antoni

Lakers, Steve Nash playing waiting game

Interim Coach Bernie Bickerstaff tries to keep it simple





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Laughing in the storm: Comics don't shy from Sandy

NEW YORK (AP) — Comedian Dave Attell told a packed house at the Comedy Cellar that New York after Superstorm Sandy had a familiar feel. "It was dark. Toilets were backing up. ... It was pretty much like it always was."

Another comic, Paul Mecurio, told the same crowd that he got so many calls from worried family members that he started making things up about how bad it was.

"I'm drinking my own urine to survive," he joked.

New York's comedy clubs, some of which had to shut down or go on generator power in the aftermath of the storm, dealt with a bad situation like they always have — by turning Sandy into a running punchline.

"If they're going to do jokes on Sept. 12 about Sept. 11, then this thing isn't going to slow us down," said Vic Henley, the emcee of a show Oct. 28 at Gotham Comedy Club.

Sean Flynn, Gotham's operating manager, said comics were including the storm in their acts but had to be careful nonetheless not to make people feel worse than they already did.

"There's the old adage that tragedy plus time equals comedy. The variable is the time," he said. Still, he added: "You can't ignore the subject. That's what comedy's all about."

The Comedy Cellar, a regular stop for decades for the country's most notable comedians, was closed from Oct. 28 through Nov. 1, but reopened on Nov. 2 after a generator was brought in at a cost of several thousand dollars. Power didn't return until the next day, and the crowds came with it.

Everyone has a bad case of cabin fever," said Valerie Scott, the club's manager.

Mecurio said he thought the joke was on him when he got a call from the Comedy Cellar saying the club was going ahead with its show even though there was no light in the West Village. He headed downtown from the Upper East Side, hitting dark streets after midtown.

"It's pitch dark," he said. "And there's a room packed with people laughing. It was so surreal. ... I'm calling it the generator show. It was a really cool thing."

"You could feel there was something special about the show," he said. "The audiences were tempered in their mood. You could tell something was up, something was in the air. I knew it was cathartic for people."

He said a woman approached him after the show to thank him, saying: "You kind of brightened my day."

Sometimes, comics used the storm to get a laugh at the expense of the crowd, like when Mark Normand looked down from the Comedy Cellar stage at a man with a thin beard.

"I like the beard," he told him. "Is that because of Sandy? You couldn't get your razor working?"

And Attell used Sandy to mock a heckler, telling him: "You must have been a load of laughs without power."

At another point, Attell looked for positives in the storm.

"There's nothing better than Doomsday sex," he said.

Mecurio said he has made a point of including the storm and the havoc it caused whenever he takes the stage.

"I feel like as a comedian in the spirit of social satire, it's what we're supposed to do," he said. "It's the elephant in the room. How do you not do it?"

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Well: Quitting Smoking for Good

Few smokers would claim that it’s easy to quit. The addiction to nicotine is strong and repeatedly reinforced by circumstances that prompt smokers to light up.

Yet the millions who have successfully quit are proof that a smoke-free life is achievable, even by those who have been regular, even heavy, smokers for decades.

Today, 19 percent of American adults smoke, down from more than 42 percent half a century ago, when Luther Terry, the United States surgeon general, formed a committee to produce the first official report on the health effects of smoking. Ever-increasing restrictions on where people can smoke have helped to swell the ranks of former smokers.

Now, however, as we approach the American Cancer Society’s 37th Great American Smokeout on Thursday, the decline in adult smoking has stalled despite the economic downturn and the soaring price of cigarettes.

Currently, 45 million Americans are regular smokers who, if they remain smokers, can on average expect to live 10 fewer years. Half will die of a tobacco-related disease, and many others will suffer for years with smoking-caused illness. Smoking adds $96 billion to the annual cost of medical care in this country, Dr. Nancy A. Rigotti wrote in The Journal of the American Medical Association last month. Even as some adult smokers quit, their ranks are being swelled by the 800,000 teenagers who become regular smokers each year and by young adults who, through advertising and giveaways, are now the prime targets of the tobacco industry.

People ages 18 to 25 now have the nation’s highest smoking rate: 40 percent. I had to hold my breath the other day as dozens of 20-somethings streamed out of art gallery openings and lighted up. Do they not know how easy it is to get hooked on nicotine and how challenging it can be to escape this addiction?

Challenging, yes, but by no means impossible. on the Web you can download a “Guide to Quitting Smoking,” with detailed descriptions of all the tools and tips to help you become an ex-smoker once and for all.

Or consult the new book by Dr. Richard Brunswick, a retired family physician in Northampton, Mass., who says he’s helped hundreds of people escape the clutches of nicotine and smoking. (The printable parts of the book’s provocative title are “Can’t Quit? You Can Stop Smoking.”)

“There is no magic pill or formula for beating back nicotine addiction,” Dr. Brunswick said. “However, with a better understanding of why you smoke and the different tools you can use to control the urge to light up, you can stop being a slave to your cigarettes.”

Addiction and Withdrawal

Nicotine beats a direct path to the brain, where it provides both relaxation and a small energy boost. But few smokers realize that the stress and lethargy they are trying to relieve are a result of nicotine withdrawal, not some underlying distress. Break the addiction, and the ill feelings are likely to dissipate.

Physical withdrawal from nicotine is short-lived. Four days without it and the worst is over, with remaining symptoms gone within a month, Dr. Brunswick said. But emotional and circumstantial tugs to smoke can last much longer.

Depending on when and why you smoke, cues can include needing a break from work, having to focus on a challenging task, drinking coffee or alcohol, being with other people who smoke or in places you associate with smoking, finishing a meal or sexual activity, and feeling depressed or upset.

To break such links, you must first identify them and then replace them with other activities, like taking a walk, chewing sugar-free gum or taking deep breaths. These can help you control cravings until the urge passes.

If you’ve failed at quitting before, try to identify what went wrong and do things differently this time, Dr. Brunswick suggests. Most smokers need several attempts before they can become permanent ex-smokers.

Perhaps most important is to be sure you are serious about quitting; if not, wait until you are. Motivation is half the battle. Also, should you slip and have a cigarette after days or weeks of not smoking, don’t assume you’ve failed and give up. Just go right back to not smoking.

Aids for Quitting

Many if not most smokers need two kinds of assistance to become lasting ex-smokers: psychological support and medicinal aids. Only about 4 percent to 7 percent of people are able to quit smoking on any given attempt without help, the cancer society says.

All 50 states and the District of Columbia have free telephone-based support programs that connect would-be quitters to trained counselors. Together, you can plan a stop-smoking method that suits your smoking pattern and helps you avoid common pitfalls.

Online support groups and Nicotine Anonymous can help as well. To find a group, ask a local hospital or call the cancer society at (800) 227-2345. Consider telling relatives and friends about your intention to quit, and plan to spend time in smoke-free settings.

More than a dozen treatments can help you break the physical addiction to tobacco. Most popular is nicotine replacement therapy, sold both with and without a prescription. The Food and Drug Administration has approved five types: nicotine patches of varying strengths, gums, sprays, inhalers and lozenges that can curb withdrawal symptoms and help you gradually reduce your dependence on nicotine.

Two prescription drugs are also effective: an extended-release form of the antidepressant bupropion (Zyban or Wellbutrin), which reduces nicotine cravings, and varenicline (Chantix), which blocks nicotine receptors in the brain, reducing both the pleasurable effects of smoking and the symptoms of nicotine withdrawal. Combining a nicotine replacement with one of these drugs is often more effective than either approach alone.

Other suggested techniques, like hypnosis and acupuncture, have helped some people quit but lack strong proof of their effectiveness. Tobacco lozenges and pouches and nicotine lollipops and lip balms lack evidence as quitting aids, and no clinical trials have been published showing that electronic cigarettes can help people quit.

The cancer society suggests picking a “quit day”; ridding your home, car and workplace of smoking paraphernalia; choosing a stop-smoking plan, and stocking up on whatever aids you may need.

On the chosen day, keep active; drink lots of water and juices; use a nicotine replacement; change your routine if possible; and avoid alcohol, situations you associate with smoking and people who are smoking.

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