Florida man sentenced to 10 years in “hackerazzi” case






LOS ANGELES (Reuters) – A Florida man who pleaded guilty to hacking into the email accounts of celebrities to gain access to nude photos and private information was sentenced to 10 years in prison by a federal judge in Los Angeles on Monday.


Former office clerk Christopher Chaney, 36, said before the trial that he hacked into the accounts of film star Scarlett Johansson and other celebrities because he was addicted to spying on their personal lives.






Prosecutors said Chaney illegally gained access to email accounts of more than 50 people in the entertainment industry, including Johansson, actress Mila Kunis, and singers Christina Aguilera and Renee Olstead from November 2010 to October 2011.


Chaney, who was initially charged with 28 counts related to hacking, struck a plea deal with prosecutors in March to nine felony counts, including wiretapping and unauthorized access to protected computers.


“I don’t know what else to say except I’m sorry,” Chaney said during his sentencing. “This will never happen again.”


Chaney was ordered to pay $ 66,179 in restitution to victims.


Prosecutors recommended a 71-month prison for Chaney, who faced a maximum sentence of 60 years.


TEARFUL JOHANSSON


Prosecutors said Chaney leaked some of the private photos to two celebrity gossip websites and a hacker.


Johansson said the photos, which show her topless, were taken for her then-husband, actor Ryan Reynolds.


In a video statement shown in U.S. District Court in Los Angeles, a tearful Johansson said she was “truly humiliated and embarrassed” when the photos appeared online, asking Judge S. James Otero to come down hard on Chaney.


Prosecutors said Chaney also stalked two unnamed Florida women online, one since 1999 when she was 13 years old.


Chaney, a native of Jacksonville, Florida, was arrested in October 2011 after an 11-month FBI investigation dubbed “Operation Hackerazzi” and he continued hacking after investigators initially seized his personal computers.


Shortly after his arrest, Chaney told a Florida television station that his hacking of celebrity email accounts started as curiosity and later he became “addicted.”


“I was almost relieved months ago when they came in and took my computer … because I didn’t know how to stop,” he said.


(Reporting by Eric Kelsey; Editing by Jill Serjeant and Andrew Hay)


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Wall Street rises on confidence about "fiscal cliff" talks

NEW YORK (Reuters) - U.S. stocks added to a surge on Tuesday, bolstered by views that the "fiscal cliff" negotiations were progressing, even as Democrats and Republicans in Congress bantered back and forth.


The gains followed a steep rally on Monday, which lifted the S&P 500 to its highest point in nearly two months.


Republican House Speaker John Boehner said President Barack Obama's most recent offer on taxing the wealthy is "not there yet," but he was hopeful of an agreement to avert steep tax hikes and spending cuts before a December 31 deadline.


Boehner had earlier edged closer to Obama's position on raising taxes on the wealthy while extending tax cuts for other Americans, but gaps remained between the two men's positions. Boehner took the latest negotiating positions before House Republicans and said a vote could come as early as this week.


"As you get more and more clarity and dialogue that there will be a compromise to avoid a fiscal cliff, I think the markets are going to rally," said Weston Boone, vice president of listed trading at Stifel Nicolaus Capital Markets.


"What's holding this market back -- the S&P 500 -- from continuing to reach higher highs is the macro headwinds, and a lot of that emanates from (Washington) D.C."


Investors have been reluctant to make big bets in the face of uncertainty because many fear going over the cliff would push the economy into recession.


The Dow Jones industrial average <.dji> gained 85.62 points, or 0.65 percent, to 13,321.01. The Standard & Poor's 500 Index <.spx> rose 11.77 points, or 0.82 percent, to 1,442.13. The Nasdaq Composite Index <.ixic> added 30.29 points, or 1.01 percent, to 3,040.90.


Tech shares rose, and gains in large-cap technology shares lifted the Nasdaq. Seagate Tech rose 4.2 percent to $29.23 while F5 Networks Inc rose 3.3 percent to $95.64. The S&P Information Technology Index <.gspt> rose 0.88 percent.


Arbitron Inc surged 23 percent to $47.00 after Nielsen Holdings NV agreed to buy the media and marketing research firm in a deal worth $1.26 billion. Nielsen rose 1.9 percent to $30.18.


Baker Hughes Inc said third-quarter margins and revenue would be below its expectations because of lower land drilling activity and price erosion. Shares rose 3.1 percent to $41.91, reversing a decline in the premarket session.


The New York Times said that Wal-Mart Stores Inc's Mexican affiliate routinely used bribes to open stores in desirable locations. The story cited 19 instances of the retail giant paying off local officials. In a statement Monday night, Wal-Mart spokesman David Tovar said the company was looking into the allegations. Wal-Mart shares fell 0.2 percent to $69.07.


(Editing by)



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Levi & Korsinsky Notifies Investors With Losses on Their Investment in Overseas Shipholding Group, Inc. of Class Action Lawsuit and the Deadline of December 24, 2012 to Seek a Lead Plaintiff Position






NEW YORK, NY–(Marketwire – Dec 18, 2012) – Levi & Korsinsky announces that a class action lawsuit has been commenced in the United States District Court for the Southern District of New York on behalf of investors who purchased Overseas Shipholding Group, Inc. (“OSG” or the “Company”) ( OTCBB : OSGIQ ) stock between May 4, 2009 and October 19, 2012.


For more information, click here: http://zlk.9nl.com/overseas-shipholding/






On October 16, 2012, it was reported that the Company might be facing a liquidity squeeze and its CEO confirmed that the Company had hired a financial adviser and was in talks with its lenders. On this news, shares in OSG declined from a close of $ 5.17 per share on October 15, 2012 to $ 3.76 per share on October 16, 2012. Then on October 22, 2012, the Company disclosed that it was reviewing a tax issue arising from it being domiciled in the United States and also determined that the financial statements for at least the three years ended December 31, 2011 and for the quarters ended March 31 and June 30, 2012, should no longer be relied upon. The Company further disclosed that it is negotiating with creditors and is evaluating its strategic options that include filing for bankruptcy. On this news, Overseas Shipholding stock declined $ 2.02 per share or 62%, to close at $ 1.23 per share on October 22, 2012.


If you suffered a loss in OSG you have until December 24, 2012 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn’t require that you serve as a lead plaintiff. To obtain additional information, contact Joseph E. Levi, Esq. either via email at [email protected] or by telephone at (877) 363-5972, or visit http://zlk.9nl.com/overseas-shipholding/.


Levi & Korsinsky is a national firm with offices in New York and Washington D.C. The firm has extensive expertise in prosecuting securities litigation involving financial fraud, representing investors throughout the nation in securities and shareholder lawsuits. Attorney advertising. Prior results do not guarantee similar outcomes.


Marketwire News Archive – Yahoo! Finance





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Boeheim wins 900th, appeals for action on firearms


SYRACUSE, N.Y. (AP) — With his wife, Juli, looking on at the postgame press conference and his young children close by, Syracuse coach Jim Boeheim's final remarks were not about his milestone 900th career victory.


Instead, he was thinking about two 6-year-old boys who were buried Monday, victims along with 18 other children and six adults in a shooting massacre last week at an elementary school in Connecticut.


"If we cannot get the people who represent us to do something about firearms, we are a sad, sad society," Boeheim said Monday night. "If one person in this world, the NRA president, anybody, can tell me why we need assault weapons with 30 shots — this is our fault if we don't go out there and do something about this. If we can't get this thing done, I don't know what kind of country we have."


It was a sobering end to what was a memorable evening for Syracuse basketball. The third-ranked Orange's 72-68 victory over Detroit in the Gotham Classic made Boeheim just the third Division I men's coach to reach 900 wins.


Boeheim, 68 and in his 37th year at his alma mater, is 900-304 and joined an elite fraternity. Mike Krzyzewski (936) and Bob Knight (902) are the only other men's Division I coaches to win that many games.


"To me, it's just a number," said Boeheim, whose first victory was against Harvard in 1976. "If I get 900, have I got to get more? That's why maybe it's just not that important to me because to me it's just a number, and the only number that matters is how this team does."


So far, it's done OK.


James Southerland had 22 points for Syracuse (10-0), which increased its home winning streak to 30 games, longest in the nation. Detroit (6-5), which lost 77-74 at St. John's in the second game of the season and 74-61 at Pitt earlier this month, had its four-game winning streak snapped.


Dave Bing, Boeheim's college roommate, teammate and fellow Hall of Famer, and Roosevelt Bouie, a star on Boeheim's first team in 1976-77, were in the Carrier Dome crowd of 17,902.


Bing was standing tall in the locker room after the game.


"Nobody would have thought when we came here 50 years ago that either one of us would have had the kind of success we've had," said Bing, today the mayor of Detroit. "I'm so pleased and proud of him because he stuck with it. He's proven that he's one of the best coaches ever in college basketball, and he'll be No. 2 shortly."


After a victory that nearly was short-circuited, Boeheim was presented a jersey encased in glass with 900 emblazoned on it.


"I'm happy. I've stayed around long enough. I was a little nervous," Boeheim said at center court. "I'm proud to be here. To win this game is more pressure than I've felt in a long time. I wasn't thinking about losing until the end. That wouldn't have been a good thing to happen, but it very well could have."


Indeed.


Midway through the second half with Syracuse dominating, fans were given placards featuring cardboard cutouts of Boeheim's face with 900 wins printed on the back to wave in celebration. But when the public address announcer in the Carrier Dome invited fans to stick around for the postgame ceremony, the Titans roared back.


Juwan Howard Jr., who finished with 18 points, scored 14 over the last 6 minutes to key a 16-0 run, his two free throws pulling Detroit within 67-63 with 55.1 seconds left after the Titans had trailed by 20 with 6:09 to play.


"You know what, I didn't hear it, but the players probably heard because they sure came alive," Detroit coach Ray McCallum said. "This is a big stage. Guys sitting around the hotel watching television getting ready to play the No. 3 team in the country and they're talking about going for 900 wins, coach Boeheim. That's a lot for a young man to digest."


Michael Carter-Williams hit three of four free throws in the final seconds to secure the win.


"Michael made big-time free throws you've got to make. If he misses a couple, it's a new game. That was the difference," Boeheim said. "We have not been in that situation. Hopefully, we'll learn from that."


Carter-Williams finished with 10 assists and 12 points, his sixth straight double-double.


"It was great to be part of this," Carter-Williams said. "It's a part of history."


Doug Anderson scored 18 points and Nick Minnerath had 13 for Detroit. Ray McCallum Jr., the coach's son and Detroit's leading scorer at 19.4 points per game, finished with nine, while Jason Calliste had seven.


Southerland scored a career-high 35 points, matching a school record with nine 3-pointers, in a win at Arkansas in late November and, after an 0-for-10 slump over three games, found his range again Saturday night with three 3s in a win over Canisius. He finished 5 of 8 from behind the arc against the Titans.


One of the keys to breaking Syracuse's 2-3 zone is hitting the long ball, and Detroit struck out in the first half. The Titans were 0 for 10 and the lone 3 they did make — by McCallum with just over 6 minutes left — was negated by a shot-clock violation.


Detroit could only lament what might have been if a couple had gone in.


"We never gave up. That's a tribute to our team," Howard said. "We had the right attitude. We played a tough opponent. You usually don't want a moral victory, but we can take some positives from this game."


Syracuse plays again Saturday against Temple in Madison Square Garden, and the Orange faithful are likely to be out in numbers as they usually are when the team plays there.


Boeheim was effusive in praise of the support the team has received during his long tenure. Syracuse has had 71 crowds of over 30,000 since the Carrier Dome opened in 1980 and holds the NCAA on-campus record of 34,616, set nearly three years ago against Villanova.


"The support of fans cannot be overestimated," he said. "You have to have that kind of support in your building to bring recruits in, to help you play better. We've had a tremendous loyal fan base. That's why I always felt this was a great place to coach and why I never really thought about going anywhere else. The support from the fans is the No. 1 thing you have to have."


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U.S. must honor victims with action




















President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown


President Obama addresses Newtown





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STORY HIGHLIGHTS


  • David Gergen says we should take a cue from Lincoln's Gettysburg Address

  • He says U.S. must deal with its culture of guns and find real solutions

  • Gun owners should be licensed, and assault weapons should be banned, he says

  • He says we will be held morally accountable for what we do -- or fail to do




Editor's note: David Gergen is a senior political analyst for CNN and has been an adviser to four presidents. A graduate of Harvard Law School, he is a professor of public service and director of the Center for Public Leadership at Harvard University's Kennedy School of Government. Follow him on Twitter.


(CNN) -- Yet again we are struggling to bear the unbearable. How can we find meaning in the massacre of so many innocent children, savagely cut down in a hail of bullets?


Abraham Lincoln is much on our minds these days and, fortunately, there is much his life teaches us about giving meaning to human horror. Eleven months from now, we will be celebrating the 150th anniversary of his journey to Gettysburg, Pennsylvania, where he consecrated a national cemetery in honor of the thousands slaughtered in the Civil War battle there.


In the most eloquent address in American history, Lincoln told us, "The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to (their) great unfinished work." In their honor, he concluded, "we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom."



David Gergen

David Gergen



These were not idle words; he devoted himself to action. In the final months of his life, as the new film on Lincoln shows, he threw himself into the enactment of the 13th Amendment, outlawing slavery in the entire nation. After his death, the nation continued to act as he had asked, passing the 14th Amendment and quickening its progress toward realizing the dream of the Declaration: that all are created equal.


The shootings in Connecticut are not Gettysburg, but surely the long, unending string of killings that we have endured must do more than touch our hearts. As Lincoln saw, we must find meaning in the madness of life -- and we do that by honoring the dead through action.



The moment to act is now upon us, not to be lost as we rush headlong into the holiday season and more twists and turns ahead. We are better than that.


There is a common thread running through most of the mass killings we have seen in recent years: A deranged gunman gets his hands on a gun, usually a semi-automatic, and rapidly cuts down innocents before anyone can stop him.


Clearly, we must find better answers for the mentally unstable. We have the ability to recognize the characteristics of those more likely to commit such acts of violence, and we must do more to provide long-term treatment.


But just as clearly, we need to change our culture of guns. There is something terribly wrong in a nation that has some 300 million guns floating around, easily accessible to the mentally ill. Of the 62 mass shootings in the U.S. over the past three decades, more than three-quarters of the guns used were obtained legally.




Unless we act to change our laws as well as our culture, we will all be enablers when the next loner strikes. The blood will be on our hands, too.


Experts can come up with precise policy prescriptions that will allow us to maintain the constitutional freedoms of the 2nd Amendment while also changing our gun culture. Contrary to what the National Rifle Association says, it is very possible to do both. What is needed immediately is a conversation determining what principles we want to establish -- and then action to realize them. From my perspective, there should be at least three basic principles:


FIRST: To own a gun, you must first have a license -- and it shouldn't be easy to get. The right parallel is to cars: Everyone over a prescribed age is entitled to drive. But cars are dangerous, so we first require a license -- determining that you are fit to drive. Citizens have a right to bear arms, but guns are dangerous, too. So, get a license.


There are a number of issues with our current system of state-based permits. First, variation in gun regulations from state to state deeply complicates enforcement efforts. Arizona, for instance, allows concealed carry without any permit, while its neighbor California has implemented the strongest gun laws in the country. We must design a sensible federal gun control policy to address the current legal chaos.


As we construct a federal licensing system, we should look to California. The state requires all gun sales to be processed through a licensed dealer, mandating background checks and a ten-day waiting period; bans most assault weapons and all large-capacity magazines; closes the nonsensical gun-show loophole; and maintains a permanent record of all sales.


SECOND: If you are a civilian, you can't buy an assault gun. Hunters don't need military style weapons, nor do homeowners who want to be able to protect their families. They are far too popular among people who shouldn't have access to guns in the first place.


We should restore the federal ban that has expired.


THIRD: Parents should be heavily advised to keep guns out of their houses and out of the hands of kids. No one wants to blame the poor mother of the Connecticut shooter, but everyone wonders why she kept so many military-style guns in the house, so accessible to her son. It's hard to believe, but roughly a third of households with children younger than 18 contain at least one gun. In too many neighborhoods in America -- not just in big cities -- parents who don't allow guns in their homes are apprehensive, even frightened, by their kids playing at homes where they are kept.


Some years ago, no one thought that we could change our tobacco culture. We did. No one thought that we could reduce drunk driving by teenagers. We did -- thanks in large part to Mothers Against Drunk Driving.


Years from now, no one will note what we say after this latest massacre. But they will hold us morally accountable for what we do. To honor all of those who have been slain in recent years -- starting with the first-graders in Connecticut -- we should highly resolve to change our culture of guns.


Follow @CNNOpinion on Twitter.


Join us at Facebook/CNNOpinion.


The opinions expressed in this commentary are solely those of David Gergen.






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Jason Mraz tops Myanmar anti-trafficking concert






YANGON, Myanmar (AP) — American singer-songwriter Jason Mraz mixed entertainment with education to become the first world-class entertainer in decades to perform in Myanmar, with a concert to raise awareness of human trafficking.


Mraz’s 2008 hit “I’m Yours” was the finale for Sunday night’s concert before a crowd of about 50,000 people at the base of the famous hilltop Shwedagon Pagoda in Yangon, the country’s biggest city.






Local artists, including a hip-hop singer, also played at the event organized by the anti-trafficking media group MTV EXIT — for “End Exploitation and Trafficking” —in cooperation with U.S. and Australian government aid agencies and the anti-slavery organization Walk Free.


Myanmar is emerging from decades of isolation under a reformist elected government that took office last year after almost five decades of military rule. It has been one of the region’s poorest countries, and its bad human rights record made it the target of political and economic sanctions by Western nations.


But democratic reforms initiated by President Thein Sein have led to the lifting of most sanctions, and the country is hopeful of a political and economic revival. Nobel Peace Prize laureate Aung San Suu Kyi, the pro-democracy opposition leader, was released from house arrest in late 2010 and won a seat in parliament last April.


Mraz called his top-billed appearance at the concert a “tremendous honor.”


“I think the country is, at this time, downloading lots of new information from all around the world,” he said. “I’ve always wanted my music to be here, (for) hope and celebration, peace, love and happiness. And so I’m delighted that my music can be a part of this big download that Myanmar is experiencing right now.”


Organizers said Mraz was the first international artist to perform at an open-air, mass public concert in Myanmar. Jazz artists Count Basie, Duke Ellington and Charlie Byrd visited the country under U.S. government sponsorship in the 1970s, when it was still called Burma, but played at much smaller venues.


Many in the crowd queued for two hours before being admitted to the concert site. Yangon native Sann Oo, 31, wearing a white T-shirt with a sketch of Mraz, said he was pleased that Mraz had come and that there would be a broadcast of the event.


“His visit can promote the image of Myanmar, because people outside have been seeing the country as an insecure place, and poor,” he said. “Now they can see how we look like from the concert. It also opens the potential for more concerts by foreign artists.”


Mraz has a history of involvement with human rights and other social causes.


But there was some criticism of his visit by campaigners for Myanmar‘s Muslim Rohingya community, which has been the target of ethnic-based violence this year that has forced tens of thousands of people from their homes into makeshift refugee camps. They feel Myanmar’s government has been complicit in the discrimination, and that Mraz’s visit provides it cover with the image of being a defender of human rights.


Mraz said he was aware of the issue, but that if he didn’t come to do the concert because someone else had asked him to protest another problem, then that would not help tackle the exploitation and human trafficking issue.


“I understand that there is a lot of wrongdoing in this world,” he said. “Today I’m here for this.”


Walk Free used the occasion of Sunday’s concert to launch a campaign calling on the world’s major corporations “to work together to end modern slavery by identifying, eradicating and preventing forced labor in their operations and supply chains.” They are seeking to have the companies make a “zero tolerance for slavery pledge” by the end of March next year.


“While many think of slavery as a relic of history, experts estimate that there are currently 20.9 million people living under threat of violence, abuse and harsh penalties,” the Australia-based group said in a statement. “Within this massive number, the majority of people – more than 14.2 million – are in a forced labor situation, used to source raw materials, and create products in sectors such as agriculture, construction, manufacturing and domestic work.”


Entertainment News Headlines – Yahoo! News





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Wall Street rises on "fiscal cliff" hopes, financials gain

NEW YORK (Reuters) - Stocks climbed on Monday, bolstered by signs of the first real movement this weekend in negotiations over the "fiscal cliff," though trading volumes were light.


Nine of the S&P 500's 10 sectors were higher, led by financials, as the S&P Financial Index <.gspf> gained 1.6 percent. Shares of Bank of America rose 2.7 percent to $10.87 and Citigroup gained 2.6 percent to $38.57.


Republican House Speaker John Boehner edged closer to President Barack Obama's position as they try to avoid the automatic tax hikes and spending cuts that would take place in the new year if no deal is reached.


Sources familiar with the talks confirmed that Boehner proposed extending low tax rates for everyone who earns less than $1 million. Still, his new position remains far from that of President Obama.


"We have a nice little move here following the conversations between the GOP and the White House on getting a deal done," said Frank Davis, director of sales and trading at LEK Securities in New York.


"Really, the fiscal cliff is starting to get ironed out, with Boehner raising the possibility of taxes, moving in the right direction."


Trading is normally quiet during this time of year and investors have been cautious because of uncertainty about a fiscal deal. They are worried the U.S. economy could slide into recession if the tax and spending changes are implemented, though most expect a deal will eventually be reached.


The market shrugged off Monday's gloomier economic data that showed manufacturing activity in the New York region declined for a fifth straight month in December.


The Dow Jones industrial average <.dji> rose 50.01 points, or 0.38 percent, at 13,185.02. The Standard & Poor's 500 Index <.spx> gained 7.79 points, or 0.55 percent, at 1,421.37. The Nasdaq Composite Index <.ixic> was up 12.46 points, or 0.42 percent, at 2,983.80.


If the S&P 500 keeps its gains, it would snap a two-day losing streak that came after a six-day run of higher finishes. Despite the uncertainty, the S&P has performed well in the last month, grinding higher in mostly light volume.


Clearwire Corp agreed to sell the rest of the company to Sprint Nextel Corp for a slightly sweeter $2.2 billion offer, days after minority shareholders criticized the previous bid as too low. Clearwire tumbled 13.3 percent to $2.92, while Sprint dropped 0.3 percent to $5.53.


Apple Inc shares slipped 0.9 percent to $505.12 after two firms cut their price targets on the stock.


The tech giant said it sold more than 2 million of its new iPhone 5 smartphones in China during the three days after its launch there on Friday, but the figures did not ease worries about stiffer competition. Apple shares have tumbled nearly 30 percent in about three months.


(Editing by Kenneth Barry)



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Japan’s Nikkei outperforms as opposition wins big






LONDON (AP) — Japanese shares outperformed all others Monday amid hopes that the new government will enact fresh stimulus measures to boost the world’s third-largest economy.


Signs that U.S. politicians are inching toward a budget deal helped Wall Street open stronger than earlier predicted and shored up European markets after a bad morning.






The standout index was Japan‘s Nikkei 225, which closed up 0.9 percent at 9,828.88, its highest level since April, after the country’s Liberal Democratic Party swept back into power at weekend elections with a landslide victory.


Party chief Shinzo Abe, who is in line to become prime minister, favors increased spending on public works and setting a 3 percent economic growth target. He’s also expected to lobby for stronger action by the central bank to get Japan out of its deflationary trap.


“Japanese equities rallied today on the back of a resounding victory by Shinzo Abe‘s LDP, giving them a mandate to boost economic growth through more aggressive fiscal and monetary easing,” said Rebecca O’Keeffe, head of investment at Interactive Investor.


Expectations of further stimulus in Japan, despite the country’s sky-high debt levels and doubts over the effectiveness of looser economic policy, further weighed on the yen. The dollar was 0.4 percent higher at $ 83.73 yen.


The yen’s recent weakness is a potential boon to the country’s powerhouse exporters. Automaker Nissan Motor Co. rose 1.8 percent, Sony Corp. climbed 1.4 percent and Panasonic Corp jumped 2.3 percent.


Elsewhere, markets remained largely beholden to developments over the U.S. budget. The concern is whether the White House and Congress will agree a budget deal in time to avoid the “fiscal cliff” of automatic tax increases and spending cuts at the start of next year.


In Europe, the FTSE 100 index of leading British shares was down 0.4 percent at 5,896 while Germany’s DAX fell 0.1 percent to 7,590. The CAC-40 in France was 0.3 percent lower at 3,631.


In the U.S., the Dow Jones industrial average was up 0.5 percent at 13,194 while the broader S&P 500 index rose the same rate to 1,421.


Though the budget measures associated with the “fiscal cliff” would not all be introduced at once and the Republicans have indicated a willingness to increase taxes on households earning over $ 1 million, investors won’t breathe easily until a deal is signed, sealed and delivered.


“Investors have so far remained hopeful that an agreement can be reached in a sufficiently timely manner,” said Nick Bennenbroek, an analyst at Wells Fargo Bank. “However, with a year-end deadline for a deal now looming closer, those budget developments should become increasingly important through the end of December.”


In recent weeks, the dollar had suffered, at least against the euro, due to the U.S. budget fears. On Monday, the currencies were steady, with the euro up 0.1 percent at $ 1.3165.


Oil markets were subdued too, with the price of benchmark New York crude up 27 cents at $ 87 a barrel.


Elsewhere in Asia, China’s shares fared fairly well as its new leaders promised more spending if needed to underpin a wobbly economic recovery. Those hopes helped the Shanghai Composite to rise 0.4 percent to 2,160.34 and the smaller Shenzhen Composite index to end 0.4 percent higher to 819.58.


On Sunday, China’s new Communist Party leaders under party General Secretary Xi Jinping pledged a “proactive fiscal policy” and “prudent monetary policy” in a statement carried by the official Xinhua News Agency. They were references to the willingness to boost spending if needed and keep credit easy so long as inflation stays low.


Elsewhere in Asia, South Korea’s Kospi lost 0.6 percent to 1,983.07 and Hong Kong’s Hang Seng was down 0.4 percent at 22,513.61.


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For Student Borrowers, Relief Now May Mean a Big Tax Bill Later






Those breathing a sigh of relief that their student loan payments are now in line with their income may want to re-examine the rules that set the payment in the first place. There could be a tax time bomb looming, slowly ticking away. And defusing it is not a big part of the policy discussion in Washington at the moment.


This potential tax bill is a byproduct of federal efforts, including the newly expanded income-based repayment program, that allow you to limit the monthly payments on most federal loans to what you can afford to pay. There’s a formula that uses your income to determine your payment. Then, the federal government forgives any remaining balance, usually after 10 to 25 years.






The catch comes with the forgiveness, since you generally have to pay income taxes on any forgiven debt (unless you were in a program for teachers or worked in a public service job, in which case the taxes go away). For many people, especially those who finished graduate or professional school with six figures of debt, the tax bill could be well into the five figures. And when it comes, you are supposed to pay in full, immediately.


Figuring out just how many people will be in this situation — and just how high the tax bill could be — is a tough task, and not many experts have tried it.


Sorting it all out begins with the repayment programs themselves. Some people signed up for income-contingent payments back in the 1990s. The income-based program came along more recently, and the Obama administration then tweaked it to make it more generous by shortening repayment periods and adjusting the formula used in figuring out the monthly bill.


As of Oct. 31, about two million people had applied for income-based repayment, according to Education Department figures. About 1.3 million had low enough income and high enough debt payments under standard repayment plans to qualify for reduced payment under the terms of the program. Another 440,000 applications were still pending.


In the 2011-12 school year alone, more than 10 million people took out the popular federal Stafford student loans, according to the College Board’s Trends in Student Aid report. Cooper Howes, a Barclays analyst, estimated in a report earlier this month that more than half of all borrowers would be eligible for payment reductions because of their incomes.


If you or your children are borrowers and the income-based repayment program is new to you, you should consult the Project on Student Debt’s ibrinfo.org site, which is about as clear as this complicated topic can get. The Education Department’s site is worth a thorough look, too, as is the New America Foundation’s income-based repayment calculator. I’ve stuffed the Web version of this column with links to these and other pertinent information sources.


Trying to pinpoint the scope of the looming tax issue starts to get more complicated pretty quickly. Not all eligible students will sign up for income-based repayment, since some will not hear about it, will ignore it when they do, will assume or be told (incorrectly) that they can’t qualify or will worry that there is some kind of catch. For those who sign up, it’s awfully hard to predict how many will eventually have some debt forgiven a couple of decades from now.


But Jason Delisle, who has written extensively about the income-linked repayment programs as director of the federal education budget project at the New America Foundation, points to an Office of Management and Budget effort that took a stab at it. The O.M.B. assumed that 400,000 borrowers from 2012 through 2021, each with a beginning average loan balance of about $ 39,500, would each eventually receive loan forgiveness of about $ 41,000. Yes, you read that right. The forgiven debt will be more than the original balance, albeit many years later.


At $ 41,000 of loan forgiveness, the federal tax bill could easily be over $ 10,000 depending on your tax bracket. There are also state income taxes to contend with, depending on where you live.


But the numbers can go much higher. Stephanie Day earned her bachelor’s degree in her 40s after a divorce, intending to enter the field of social work. She finished in the depths of the recession and could not find work, so she returned to school to get a master’s in psychology to bolster her credentials.


Even then, the jobs available near her home in Seattle were slim, so she moved to a town on the border of New Mexico and Texas for a position there. One home invasion and 12 months of misery at being apart from her children later, she’s now back in Seattle and paying just $ 30 each month on her $ 80,000 or so in debt via the income-based repayment plan.


Ms. Day has run the numbers and can foresee a situation where the government will forgive more than $ 100,000 of her debt, given that her unpaid balance keeps growing thanks to the low payments. And while she expressed dismay that so few people were aware of the tax bill in their future, she does not necessarily mind paying it. “I think it’s perfectly fair,” she said. “I guess I’m old school.”


Mr. Delisle, of the new America Foundation, however, would like to see student loan debt forgiveness become a tax-free event for everyone, and not just people who have worked as teachers or in public service jobs. “Think about it practically,” he said. “You forgive someone’s loans, then you stick them with a tax bill that’s equivalent to making three or five or 10 more years of payment on the loan.”Representative Sander M. Levin, Democrat of Michigan, has tried and plans to continue to try to get a law passed that will take away the tax burden, according to his spokesman. The odds of this happening anytime soon, however, are probably pretty low in the current political environment.


That said, Mr. Delisle has also expressed alarm about how professionals with reasonably high incomes — but a couple of hundred thousand dollars in graduate or professional school debt — could benefit disproportionately from forgiveness a few decades from now.


Some people see opportunity in that fact. A company called the Advantage Group in San Diego is teaming up with investment advisers and insurance agents to advise high-debt individuals on how to maximize the benefits of income-based repayment. Its business model is to take a cut of whatever those financial professionals earn, say through commissions, when those professionals persuade their debt-laden clients to set aside money to pay the eventual tax bill. The commissions would come from those professionals’ selling investments to the people who have set the money aside.


Jantz Hoffman, who started the Advantage Group after a veterinarian friend with more than $ 200,000 in federal student loan debt sought his help, says he thinks that plenty of people could see a tax bill of tens of thousands of dollars one day.


“Let’s say your debt has grown to $ 180,000 over 20 years, and by that point, you’re making $ 120,000,” he said. “If $ 180,000 is being forgiven, then you’re looking at paying taxes on $ 300,000 in total income in one year. At that point, you’re over the $ 250,000 income category, my friend.”


It’s wise to be a bit wary of anyone aligned with insurance agents pitching investments. And worries about a tax bill a couple of decades from now shouldn’t scare you away from signing up for the income-based repayment plan if you need it. But however the numbers turn out, anyone enrolled in the plan ought to be thinking hard about salting away some money, somewhere, for the eventual tax bill.


After all, no matter how high the bill, there are severe penalties for not paying it right away. The Internal Revenue Service, alas, does not have an income-based repayment program.


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49ers withstand comeback, top Patriots 41-34


FOXBOROUGH, Mass. (AP) — LaMichael James awaited the kickoff, determined to regain the momentum for the 49ers after they quickly lost all of a 28-point lead.


"We need a boost," he said. "That's what I was thinking. I was thinking I got to take it to the house."


He didn't get all the way there, but close enough to set up the decisive touchdown — going 62 yards before Colin Kaepernick's 38-yard pass to Michael Crabtree with 6:25 left — that helped San Francisco reach the playoffs with a 41-34 win over the New England Patriots on Sunday night.


"We faced adversity," James said. "Nobody flinched."


Now the 49ers have at least a wild-card berth with a 10-3-1 record, knowing a win against division rival Seattle (9-5) next Sunday clinches the AFC West title.


The Patriots (10-4) already had locked up first place in the AFC East with a chance to improve their chances for a first-round bye. They began the day in second place in the race for the two byes but fell behind the Denver Broncos (11-3). The Houston Texans (12-2) hold the top spot.


"We haven't thought about that yet," Tom Brady said. "What's in our control is winning football games."


Doing that on Sunday night seemed almost impossible after the 49ers rolled to a 31-3 lead on Kaepernick's 27-yard touchdown pass to Crabtree five minutes into the third quarter. Only one team in NFL history had won a regular-season game after trailing by 28 — a 38-35 win by the 49ers over the New Orleans Saints on Dec. 7, 1980.


But with 25 minutes left and Brady at quarterback, the 49ers weren't comfortable.


"Tom is a good quarterback and we knew some adversity was going to come and they were going to make plays sooner or later," linebacker NaVorro Bowman said.


They did — time after time — until they had tied the score at 31 on Danny Woodhead's second touchdown, a 1-yard run with 6:43 remaining.


Woodhead began the comeback with a 6-yard touchdown run, Brady scored on a 1-yard sneak on the first play of the fourth quarter and then threw a 5-yard touchdown pass to Aaron Hernandez less than three minutes later. And when Woodhead scored again, the Patriots had their fourth touchdown in 14 minutes, 16 seconds.


But two plays later — James' kickoff return and Crabtree's catch — the 49ers were back on top. And this time they stayed there.


David Akers made it 41-31 with a 28-yard field goal with 1:56 to go, Stephen Gostkowski kicked a 41-yarder for New England with 38 seconds remaining and San Francisco sealed the win when Delanie Walker caught the onside kick.


"We just spotted them 28 points," Brady said. "We fought hard, but you can't play poorly against a good team and expect to win. We can't miss plays that we have opportunities with."


For Kaepernick, a second-year pro starting just his fifth game, it was a chance to remain calm even as the big lead disappeared. He finished with 14 completions in 25 attempts for 216 yards and a career-high four touchdowns.


"This is my 17th year of football," he said. "I've been playing since I was eight years old. So, to me, I am going to go out there and I'm going to throw to the guy who is open and you try to keep football simple so your mind can be clear when you're on the field."


It was clear enough for him to throw a short pass to Crabtree then watch him race by cornerback Kyle Arrington for the go-ahead touchdown. That gave the team that had allowed the fewest points this season enough to beat the team that had scored the most.


"We can win a shootout," said Crabtree, who had 107 yards receiving. "Whatever it takes, that's our motto. ... We feel like we can do anything, sky's the limit."


New England, which had won seven straight games, lost for the first time at home in December in 21 games. The Patriots also had won 21 in a row in the second half of the schedule before San Francisco somehow regrouped late in a game it seemingly had clinched long before.


The 49ers forced four turnovers, matching the number of giveaways the Patriots had at home all season.


"I don't think they faced a physical defense like us all season," said San Francisco cornerback Carlos Rogers, who intercepted Brady midway through the first quarter and ran 53 yards to the Patriots 5.


The 49ers were leading 7-0 at the time on Kaepernick's 24-yard touchdown pass to former Patriot Randy Moss. Gostkowski's 32-yard field goal made it 7-3, but San Francisco scored on Kaepernick's 34-yard pass to Walker and David Akers' 20-yard field goal for a 17-3 lead at intermission.


"Everything" went wrong in the first half, Patriots wide receiver Wes Welker said. "A lot of bad football."


Frank Gore then recovered Kaepernick's fumble and ran 9 yards for a touchdown. Two plays later, Aldon Smith intercepted Brady's pass and Kaepernick struck on the next play with his 27-yard pass to Crabtree for a 31-3 lead with 10:21 remaining in the third quarter.


Still plenty of time for Brady.


"I had a feeling we'd be able to come back," he said.


But when the Patriots tied it, a poor job by the kickoff team proved costly.


"I did as much as I could to help the team win," James said.


It was just enough.


NOTES: The 49ers allowed 520 yards after entering the game second in the NFL in fewest yards allowed, 275.5 per game. ... Welker had five catches, giving him 100 and making him the first player in NFL history with that many in five seasons. ... Gore led all rushers with 83 yards on 21 carries. ... Brady was 36 for a career-high 65 for 443 yards, one touchdown and two interceptions.


___


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