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October 2009

'Big Brother 9' winner heads to court in drug case

BOSTON – A court hearing for a winner of the reality TV show "Big Brother" on drug charges has been postponed.
Adam Jasinski (jah-ZIN'-skee), of Delray Beach, Fla., is charged with attempting to sell 2,000 oxycodone pills. He was scheduled to appear in U.S. District Court in Boston on Thursday, but his detention hearing has been postponed until Oct. 30.
Jasinski was arrested in North Reading, Mass., last weekend after he allegedly showed a government witness two plastic bags filled with oxycodone.
Jasinski won $500,000 on "Big Brother 9" in April 2008. A federal drug agent says the 31-year-old told him that he had been using his winnings on the CBS reality show to buy thousands of oxycodone pills and resell them along the East Coast.

NJ Business Broker

When businesses need to raise money (called 'capital'), more laws come into play. A highly complex set of laws and regulations govern the offer and sale of investment securities (the means of raising money) in most Western countries. These regulations can require disclosure of a lot of specific financial and other information about the business and give buyers certain remedies. Because "securities" is a very broad term, most investment transactions will be potentially subject to these laws, unless a special exemption is available.

Businesses often have important "intellectual property" that needs protection from competitors in order for the company to stay profitable. This could require patents or copyrights or preservation of trade secrets. Most businesses have names, logos and similar branding techniques that could benefit from trademarking.

NJ Business Broker

Christening Gift

Christening Gift

"O Thou who, through holy Baptism, hast given unto Thy servant remission of sins, and hast bestowed upon him (her) a life of regeneration: Do Thou, the same Lord and Master, ever tgraciously illumine his (her) heart with the light of Thy countenance. Maintain the shield of his (her) faith unassailed by the enemy [i.e., Satan]. Preserve pure and unpolluted the garment of incorruption wherewith Thou hast endued him (her), upholding inviolate in him (her), by Thy grace, the seal of the Spirit, and showing mercy unto him (her) and unto us, through the multitude of Thy mercies..."

Members of the Church of Jesus Christ of Latter-day Saints dress in white clothing to perform and to undertake baptism. Traditionally, the proselyte wears a white jumpsuit, white socks and white underclothing. The person performing the ordinance wears either a white jumpsuit or white slacks and white shirt. Historically, women and girls wore white dresses with weights sewn in at the hems to prevent the clothing from floating during the ceremony.

Stern hopeful on sale of Nets, return of referees

NEW YORK – David Stern believes he could have a new owner before the year ends and his old referees before the season starts.
"I'm hopeful with respect to both and optimistic with respect to both," Stern said Thursday.
The commissioner said that Mikhail Prokhorov, who has a deal to buy 80 percent of the New Jersey Nets, had a positive introduction with NBA owners during their two-day Board of Governors meetings.
Prokhorov's application is currently under review and the sale must be approved by three-fourths of the league's owners. The league is currently performing background checks of Russia's richest man, and Stern stressed that the process is still early.
"The review process is incomplete and the documents are not finalized," Stern said. "That said, we haven't surfaced anything that has caused us to have a negative opinion of him. We're not finished."
But Stern said, "We're looking forward to the completion of that transaction."
The commissioner also said owners voted to give the league office emergency powers to determine what happens if teams can't field the minimum eight players because of illness.
Prokhorov's proposed deal with Nets owner Bruce Ratner to become the NBA's first non-North American owner would also give him nearly half of a project to build a new arena in Brooklyn. The agreement was made a month ago, and this was Prokhorov's first chance since to meet his potential future fellow owners.
Prokhorov introduced himself as "Mike" and told owners of his interests in business and basketball — he owns a share of European power CSKA Moscow. With an estimated $9.5 billion through his banking and metals businesses, he has the worth to absorb some of the Nets' huge debt and perhaps help make the team's Brooklyn plans a reality.
Ratner faces a December deadline to break ground in Brooklyn or lose access to financing from tax-free bonds, so Stern said there will be a desire on both sides to get the Nets' sale completed by then.
"That's our target," Stern said.
Stern rejoined the negotiations with the referees' union this week and a tentative agreement was reached. The full roster is scheduled to vote on Friday, and if they approve the new two-year contract, the officials would have a training camp beginning Saturday and be on the floor in time for Tuesday's opener.
But the league thought a deal was completed once before and it fell through when the refs rejected it, so Stern would only said it's "our hope that they approve it, but there's no guarantees."
Also:
_Stern said the revenue sharing pool to be divided among teams will increase this season from $49 million to $60 million.
_NBA TV will reach 45 million homes, up from about 15 million, following the completion of a multiyear deals with cable systems that were completed Thursday.
_Season-ticket renewals were at 76 percent, down from 79 percent. The league still expects overall revenues to decline 2.5 percent to 5 percent.

Fishermen contest plans for Calif. ocean reserves

LONG BEACH, Calif. – There's nothing pacific about the ocean off Southern California these days. A battle over how to establish marine reserves along the coast has roiled the waters with the competing interests of environmentalists, fishermen and seaside businesses.
The fight was coming slowly to a head Thursday as a panel elicited final information before making a recommendation to the California Fish and Game Commission on one of three hotly debated plans for a Marine Protected Area in the Southern California Bight.
Stretching from Point Conception northwest of Los Angeles to the Mexican border, the 250-mile-long arc of alternately scenic and heavily urbanized coast embraces islands and reefs in waters prized for fishing, recreation, conservation and research.
Panel chairwoman Catherine Reheis-Boyd said it would be a tough decision.
"We know what the law says but we also understand the human side of this," she said.
Environmentalists put forward the most restrictive plan while the fishing industry reluctantly backed a proposal it viewed as moderating economic impacts. A third plan was considered middle-of-the-road.
Hundreds of people with a stake in the decision packed lengthy meetings leading up to the decision, which is likely to be substantially affirmed when it goes to the commission in December.
Some feared extensive bans on fishing with serious financial consequences for commercial and sport fishing operators, harbor businesses and even tourism.
Environmentalists pushed for stringent protections to prevent the decline of hard-pressed species and argued that the concept of Marine Protected Areas has been successful elsewhere in the world, ultimately benefiting fishing.
Discussions elicited by the panel were highly detailed: Comments on the size and shape of protection areas on just one small stretch of coast elicited concerns about kelp, abalone, bass, a company's water intake pipe and Native American heritage sites.
Differences in the plans outwardly appeared small, but a fishing industry representative said in an interview that some locations are so significant that putting them off limits would have a huge impact.
"What most people don't stop to think is that fish don't live and spread themselves evenly in the ocean, they congregate in choice areas," said Vern Goehring, manager of the California Fisheries Coalition, an association of 27 commercial and recreational fishing organizations.
Kaitlin Gaffney, Pacific ecosystem protection director for Ocean Conservancy, said in an interview that the environmentalists' proposal was "efficient," protecting exactly the habitat that needs to be protected while leaving open areas for consumptive uses.
"It's a slam dunk on the science," she said.
The controversy stems from the state's 1999 Marine Life Protection Act, which found that existing protected areas had been established on a piecemeal basis and without sound scientific guidelines.
California's 1,100-mile coast was divided into five regions for re-evaluation and new Marine Protected Areas have so far been established in two of them, the central and north-central coasts.
For Southern California, three work groups created plans for a checkerboard of locations in state waters — three miles out but including islands — to protect marine life and habitat with a range of restrictions on use. Individual sites will receive various types of designation such as state marine reserve or marine conservation area.
The California Fisheries Coalition, which claims its members have a $5.5 billion impact on the state's economy, objected to the process as focusing too much on fishing and not on other things that impact the ocean, such as coastal development, water pollution and shipping.

"The way this process is being implemented the last five years is it only considers one variable affecting the ocean, and that's fishing," Goehring said.

"What we've been arguing is that the enhanced protections or regulations need to be allocated according to the degree of threat and the degree of impact," he said.

Goehring said all the proposals would have huge direct impact on fishing operators that would spread to shore-based businesses.

The coalition, however, backed one that sought "to make it so that no one fish, no one fishery, no one community or no one business takes an overwhelming hit."

Gaffney said the Marine Life Protection Act is a broad ecosystem protection law.

"I don't think it's really sort of a site-by-site trade-off — a fish here for a business. It's a much broader question about how do you do the best job of conservation for Southern California," she said.

Feds designate 'critical habitat' for polar bear

WASHINGTON – The Obama administration said Thursday it is designating more than 200,000 square miles in Alaska and off its coast as "critical habitat" for polar bears, an action that could add restrictions to future offshore drilling for oil and gas.
Federal law prohibits agencies from taking actions that may adversely affect critical habitat and interfere with polar bear recovery.
Assistant Interior Secretary Tom Strickland called the habitat designation a step in the right direction to help polar bears stave off extinction, while recognizing that the greatest threat to the bear is the melting of Arctic sea ice caused by climate change.
"As we move forward with a comprehensive energy and climate strategy, we will continue to work to protect the polar bear and its fragile environment," Strickland said at a news conference.
The total area proposed for critical habitat designation would cover about 200,541 square miles — about half in the rugged Chukchi Sea off Alaska's northwest coast. About 93 percent of the area proposed for the polar bear is sea ice, with the remaining 7 percent made up of barrier islands or land-based dens of snow and ice.
Designation as critical habitat would not, in itself, bar oil or gas development, but would make consideration of the effect on polar bears and their habitat an explicit part of any government-approved activity.
Thursday's announcement starts a 60-day public comment period, with a final rule expected next year. Interior faces a June 30 deadline for critical habitat designation under terms of a settlement agreement between the government and three environmental groups.
The Bush administration last year declared polar bears "threatened," or likely to become endangered. The May 2008 order by then-Interior Secretary Dirk Kempthorne cited the bear's need for sea ice, the dramatic loss of such ice in recent decades and computer models that suggest sea ice is likely to recede further in the future.
Environmental groups hailed the habitat announcement, but noted that it came in the same week that the Interior Department approved a plan by a subsidiary of Royal Dutch Shell to drill exploratory wells on two leases in the Beaufort Sea off Alaska's north coast. The proposed drilling sites are within the area proposed for critical habitat designation.
"If polar bears are to survive in a rapidly melting Arctic, we need to protect their critical habitat, not turn it into a polluted industrial zone," said Brendan Cummings, a lawyer with the Arizona-based Center for Biological Diversity, which filed a lawsuit in the polar bear case.
Cummings called the Interior Department "schizophrenic" — on the one hand declaring its intent to protect polar bear habitat in the Arctic, yet at the same time "sacrificing that habitat to feed our unsustainable addiction to oil."
The announcement comes one day after the state of Alaska filed a new complaint in its effort to overturn the listing of the polar bear as threatened under the Endangered Species Act.
Former Gov. Sarah Palin filed suit last year, saying that Interior did not respond to the state's concerns in a timely manner before listing the polar bears as threatened. State officials say the listing could cripple offshore oil and gas development in the Chukchi and Beaufort seas, which provide prime habitat for the polar bears.
Gov. Sean Parnell, who succeeded Palin upon her resignation last summer, said the Endangered Species Act was being used as a way to shut down resource development along Alaska's northern coast. Parnell said he does not intend to let that happen.
Environmental groups monitoring the Arctic have long complained that federal regulators routinely grant permits for petroleum exploration without adequately considering consequences for whales, polar bears, walrus and other marine mammals. They say boats, drilling platforms and aircraft will add to bears' stress by causing them to flee and expend more energy.
Conservation groups also say oil companies have not demonstrated they can clean up an oil spill in broken ice. Cleanup off Alaska's coast could be slowed by extreme cold, moving ice, high wind and low visibility.
Andrew Wetzler of the Natural Resources Defense Council said designation of critical habitat is a powerful tool to protect threatened species, but said more must be done to save the polar bear from extinction.

Scorecard: Obama and high-priced weapons systems

President Barack Obama has sought to kill several high-priced weapons systems. Here's how he's faring on Capitol Hill on the most controversial items:
F-22 fighter — Obama has threatened to veto any bill to fund the fighter jet. Both the House and Senate are complying.
F-35 fighter — Lawmakers think they've skirted a veto threat over their efforts to continue funding a second engine for the Air Force's next-generation fighter.
C-17 cargo jet — Obama's opposition to this popular Boeing Co. aircraft has seemed soft. Congress is set to fund production of perhaps 10 additional planes.
VH-71 presidential helicopter — With a veto threat, Obama seems poised to kill off this troubled and over-budget replacement for the presidential helicopter fleet. Some House supporters of the helicopter are fighting on.

Russia jails Serb for U.S. military spying: Ifax

MOSCOW (Reuters) –
A Russian court on Friday jailed a Serbian national for eight years for attempting to pass secrets about Russian missile and other defense projects to a Pentagon intermediary, Interfax news agency reported on Friday.

Aleksandar Georgijevic took his orders from a U.S. citizen who worked for a firm acting on behalf of the U.S. Department of Defense, Interfax reported.

In 1998, Georgijevic attempted to collect information on a number of Russian military projects, including the Iskander tactical missiles and the R-500, a supersonic cruise missile.

But only information on the "Arena" tank protection system was passed on to the U.S. agent, Interfax reported.

The Interfax report did not explain how a Serb was in a position to gather this intelligence information. When Reuters sought clarification from Interfax, the author said he did not have any further information to add.

"During the preliminary investigation, Georgijevic admitted his guilt, in particular confirming the factual circumstances of the collection, storage and passing on of information," Interfax quoted the FSB press service as saying.

The FSB intelligence agency declined comment when contacted by Reuters.

Georgijevic had been motivated by money and had knowingly passed on information through an acquaintance to the U.S. national, Interfax reported.

Georgijevic was only arrested in November 2007 as he tried to leave the country through a Moscow airport, when his name was already on a wanted list.

In a separate case on Friday, a Russian court sentenced an army sergeant to nine years in jail for passing on information to Georgia during the time of its war with Russia.

(Reporting by Conor Sweeney)

20 years after earthquake is the Bay Area safer?

SAN FRANCISCO – When an earthquake collapsed two 50-foot sections of the San Francisco-Oakland Bay Bridge during the 1989 World Series, the nightmares of hundreds of thousands of commuters who cross the Depression-era span each day were brought to life.
On this 20-year anniversary of the 6.9-magnitude earthquake that killed 63 people, injured almost 3,800 and caused up to $10 billion damage, the bridge reconstruction has become the largest public works project in California history and is still years from completion.
Although thousands of buildings, highway bridges and landmarks such as San Francisco City Hall have been fortified, other earthquake safety problems are far from fully addressed in this region where experts say another major temblor is certain to strike.
Some schools that the state says are at risk of collapse still have not been repaired. And vulnerable apartment buildings that house hundreds of thousands of people have not been seismically retrofitted by their owners.
Millions were tuned in on television to watch Game 3 of the "Bay Bridge World Series" between the San Francisco Giants and the Oakland Athletics when the shaking began. The broadcast went dark, with the vast audience riveted to their TVs, and then sportscaster Al Michaels' audio returned with reports that a strong earthquake had struck.
"The Loma Prieta earthquake is always referred to as a wakeup call and we're fortunate over the last 20 years that we've had no other major earthquakes," said Jack Boatwright, a seismologist with the U.S. Geological Survey. "Much work has been done but we cannot rest in these efforts."
It took only four years during the Great Depression to build the Golden Gate and Bay bridges, but the reconstruction of the eastern span of the Bay Bridge has been plagued by costly delays and political gridlock over its unconventional design. Originally the cost was put at $1.3 billion with a 2004 completion; that has ballooned to $7.2 billion with a 2013 opening.
"What this region and the state is trying to do here is unique," said Bart Ney, a spokesman for the California Department of Transportation, who is managing the project. "We're trying to build a world class structure, an architectural icon and a seismic innovation all at one time in one of the most seismically challenged areas of the world. Because of the complexity of all of that, it's taken us a long time to do it."
Some bridge experts, however, say the decision to rebuild rather than strengthen the existing bridge was a pricey mistake.
A team of 40 researchers sponsored by the National Science Foundation (NSF) and Caltrans to study the Oct. 17, 1989 earthquake's effects on the bridge recommended in 1992 that the current bridge be retrofitted, not replaced, for an estimated cost of $230 million.
But a 1996 study by Caltrans' Seismic Advisory Board disagreed with these findings, saying the cost of replacing the bridge was comparable with retrofitting it.
The new span wound up costing billions of dollars and is less quake resistant than the existing bridge, said Abolhassan Astaneh-Asl, a civil engineering professor at the University of California, Berkeley.
"You are going to get a bridge, in my opinion, that is less safe than the existing east span. The bridge didn't need to be replaced," said Astaneh-Asl, who was the lead investigator in the NSF and Caltrans five-year study of the seismic performance of the bridge's east span, and who submitted an alternative design after officials chose to replace it. "This replacement is worse than what we have."
The signature part of the new eastern span is a single-tower, self-anchored suspension bridge larger than any other in the world. It uses leverage to support the roadway by using a cable looped over the tower and anchored into the ends of the roadway itself. On traditional suspension bridges, like the Golden Gate, the main cables are connected to huge concrete blocks embedded in the ground at each end of the span.
If one section of the new self-anchored bridge fails in an earthquake, Astaneh-Asl said, the entire structure could fail.
But Caltrans' Ney said the new bridge is the safest of the designs that were aesthetically pleasing to local leaders and others who had a say in the final choice.
"We originally pitched a concrete viaduct bridge, which we know how to build well, and the community, leaders and the media criticized it as a vanilla design," Ney said. "If the community doesn't want it, we have to listen."
While cost and delays have been troubling, Ney said there is no question the right decision was made. "The bridge is 70 years old," he said. "It's reaching the end of its life span."

Meantime, another large earthquake is destined to occur — scientists in 2008 said there is a 63 percent probability of a comparable quake in the Bay area over the next 30 years. And the Bay Bridge is not the only complicated public safety project to move slowly.

In 2003, years after a newspaper investigation exposed thousands of vulnerable public school buildings in California, a state audit determined California schools could need at least $5 billion in seismic work.

But in many districts, expensive retrofitting projects are not feasible in these challenging economic times.

In 2006, a voter-approved measure set aside $200 million to help districts with seismic projects, but only five school districts have applied. To date, only one grant has been awarded, $3.6 million to San Ramon Valley High School in Contra Costa County to retrofit its gymnasium.

State officials who compiled a list of the 25 almost quake-vulnerable school buildings are baffled about why more districts have not sought money, which can be used to determine seismic risk or do repairs.

"We can't really speak to why schools have not applied," Eric Lamoureux, spokesman for the Department of General Services, said. "We have done significant outreach to districts about the availability of the funds."

At Oakland Technical High School the school auditorium and girls' gymnasium have been identified by the state as older building types in danger of collapse or damage during a major earthquake.

Oakland said the grant would not cover all the repair costs, leaving the cash-strapped district on the hook to complete the project.

"If you include finishing and structural work, the grant would cover only 50 percent of our costs," Troy Flint, a spokesman for Oakland Unified School District said.

Many of the structures that collapsed during Loma Prieta and Southern California's Northridge earthquake in 1994 were so-called "soft-story" buildings — those built with garage or commercial space on the first floor providing little support in a strong temblor.

While unreinforced masonry buildings have been retrofitted in San Francisco, a recent Association of Bay Area Governments (ABAG) study found that thousands of Bay Area residents are still living in soft-story dwellings that have not been retrofitted.

"The problem is that the economy stinks, so some of these programs people thought about making mandatory ... it's just terrible timing," said Jeanne Perkins, earthquake preparedness manager for ABAG.

Only one city in the Bay area, Fremont, has passed mandatory retrofitting for these unsafe buildings, according to the ABAG study.

Berkeley has a law mandating that owners get an evaluation and a plan to fix their buildings, but does not require that the work actually be done.

In Oakland, 26,000 of the city's 163,000 units would become uninhabitable in a 7-magnitude earthquake on the Hayward fault, ABAG's research found. Oakland has mandated an audit of its soft-story buildings.

San Francisco has the largest number of soft-story apartments, at least 12,400 multiunit buildings with tens of thousands of units, according to the ABAG study. So far, the city has been unable to find a way to mandate owners to strengthen their properties, but Mayor Gavin Newsom directed the city's Department of Building Inspection to write an ordinance making upgrades to these unsafe buildings mandatory.

"It's in process," said the mayor's spokesman Nathan Ballard. "We are convening a task force, working with building owners to ensure it's done right."

FTSE 100 closes down on profit-taking

LONDON (AFP) –
The leading stock exchange closed down on Friday -- despite striking a 12-month high earlier in the session -- after disappointing financial results from the US and amid profit-taking from earlier gains.

The FTSE 100 index of leading shares dropped 0.63 percent to 5,190.24 points.

Telecom giant Vodafone was the most traded stock, seeing 175 million units change hands, followed by Royal Bank of Scotland, which saw 127 million shares switch owners.

Experian was the session's winning blue-chip gaining 16.5 pence -- or 2.98 percent -- to finish at 570.

Security services firm G4S followed with shares gaining 6.6 pence -- or 2.76 percent -- to stand at 245.6.

The biggest casualties of the day were supermarket retailer Sainsbury, which shed 13.8 pence -- or 4.03 percent -- to finish at 328.7, and fashion retailer Burberry, which lost 19.5 pence -- or 3.38 percent -- to end at 557.

Sterling rose against both the dollar and the euro.

The pound was worth $1.6344 at 16:58, up from $1.6271 at Thursday's close, while it climbed to 1.0981 euros up from 1.0890 over the same period.