NY appeals court takes up Cameron Douglas case

NEW YORK (AP) — A lawyer for the son of actor Michael Douglas hopes to convince a New York appeals court that he shouldn't have to spend a decade in prison for drug crimes.

Attorney Paul Shechtman says a 4½-year sentence given to Cameron Douglas that was added to a 5-year prison term he was already serving is "shockingly long." The sentence was added after a drug infraction in prison. But prosecutors say the sentence is reasonable, given the many times Douglas has broken his word to feed a drug and alcohol abuse addiction that stretches to when he was 13.

Shechtman says Cameron Douglas began selling drugs after his father sharply limited his access to family money because he wouldn't enter a drug rehabilitation program.

Arguments on the case are set for Wednesday.

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Samsung set to overtake Nokia as No. 1 cellphone brand worldwide

For the first time in 14 years, Nokia will not be the No. 1 cellphone brand in the world.

Samsung is set to claim the top spot in the mobile handset market, accounting for 29% of worldwide cellphone shipments this year, according to market research firm IHS. That's up from 24% last year.

Nokia, meanwhile, will see its market share this year drop to 24% from 30% in 2011.

This year will mark the first time Samsung will occupy the top position on a yearly basis. The South Korean's rise was helped by strong sales of its smartphones, IHS said.

Global smartphone shipments are projected to rise 35.5% this year, while overall cellphone shipments will increase by about 1%. This rapid growth will propel 2012 smartphone penetration among consumers to 47%, up from 35% last year.

“The competitive reality of the cellphone market in 2012 was ‘live by the smartphone, die by the smartphone,’” said Wayne Lam, senior analyst for wireless communications at IHS. “Smartphones represent the fastest-growing segment of the cellphone market and will account for nearly half of all wireless handset shipments for all of 2012. Samsung’s successes and Nokia’s struggles in the cellphone market this year were determined entirely by the two companies’ divergent fortunes in the smartphone sector.”

Samsung's success has been built on its “fast follower” strategy for design and manufacturing, IHS said. The electronics giant produces dozens of new smartphone models every year that address all segments of the market, from the high end to the low end.

Meanwhile, Finnish-based Nokia is "mired in transitioning its smartphone line to the Windows operating system," resulting in declining shipments for the company, IHS said. Sales of the company’s older phones have plunged, while its new Microsoft Windows 7-based handsets haven’t been able to make up for the loss so far.

Samsung is also pulling ahead of rival Apple in the smartphone market: Samsung and Apple ended 2011 in a neck-and-neck battle for leadership in the smartphone market, with only 1 percentage point of market share separating them. However, entering 2012, Samsung "moved ahead decisively" of Apple with a wide range of Android smartphone offerings at multiple price points, IHS said.

Together, Samsung and Apple smartphones accounted for nearly half of shipments in 2012, up from 39% last year.

IHS said it expects that the smartphone penetration rate in 2013 will elevate smartphones into the majority among all phone segments, at 56%. The change will mark a significant tipping point in the mobile handset market.

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Amazon readying smartphone for mid-2013 launch?

Samsung unveils Galaxy Grand smartphone with a 5-inch screen

Instagram says it will respond to terms-of-service uproar 'very soon'

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Hawaii's nine-term senator, Daniel Inouye, dies at 88

WASHINGTON – Sen. Daniel Inouye of Hawaii, the second-longest-serving senator in U.S. history and winner of the Medal of Honor for combat heroics in World War II, has died, his office announced in a statement. He was 88.

"His last words were, 'Aloha,'" his office said.

Inouye died at Walter Reed National Military Medical Center, with his wife, Irene, and his son, Ken, at his side. Last rites were performed by Senate Chaplain Dr. Barry Black, his office said.

A senator since 1963, Inouye in 2009 became chairman of the Senate Appropriations Committee, where he continued a long record of helping fund projects in his home state. From 1998 to 2003, he steered $1.4 billion to military projects in Hawaii, according to The Almanac of American Politics.

The son of Japanese immigrants, Inouye grew up in Honolulu, where he was teaching a first aid course at age 17 when Pearl Harbor was attacked.  He enlisted in the Army in 1943, when it dropped its ban on Japanese Americans.

PHOTOS: Notable deaths of 2012

Promoted to sergeant, he fought in Italy and France. On April 21, 1945, while leading an assault in Italy against the Germans, Inouye was shot in the stomach. He nonetheless attacked and destroyed two machine gun nests before being even more severely wounded, losing his right arm.

“By his gallant, aggressive tactics and by his indomitable leadership, Second Lieutenant Inouye enabled his platoon to advance through formidable resistance, and was instrumental in the capture of the ridge,” says his citation for the Medal of Honor, the military’s highest award. “Second Lieutenant Inouye's extraordinary heroism and devotion to duty are in keeping with the highest traditions of military service and reflect great credit on him, his unit, and the United States Army.”

When asked in recent days how he wanted to be remembered, Inouye said, according to his office, "I represented the people of Hawaii and this nation honestly and to the best of my ability. I think I did OK."

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ken.dilanian@latimes.com

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'The Hobbit' tops box office with record $84.6M

NEW YORK (AP) — Peter Jackson's "The Hobbit" led the box office over the weekend with $84.6 million, a record-setting opening better than the three previous "Lord of the Rings" films.

The 3-D Middle Earth epic, the first of three planned films adapted from J.R.R. Tolkien's novel, was the biggest December opening ever, surpassing Will Smith's "I Am Legend," which opened with $77.2 million in 2007.

The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:

1. "The Hobbit: an Unexpected Journey," Warner Bros., $84,617,303, 4,045 locations, $20,919 average, $84,617,303, one week.

2. "Rise of the Guardians," Paramount, $7,143,445, 3,387 locations, $2,109 average, $71,085,268, four weeks.

3. "Lincoln," Disney, $7,033,132, 2,285 locations, $3,078 average, $107,687,319, six weeks.

4. "Skyfall," Sony, $6,555,732, 2,924 locations, $2,242 average, $271,921,795, six weeks.

5. "Life of Pi," Fox, $5,413,066, 2,548 locations, $2,124 average, $69,572,472, four weeks.

6. "The Twilight Saga: Breaking Dawn, Part 2," Summit, $5,136,074, 3,042 locations, $1,688 average, $276,826,143, five weeks.

7. "Wreck-It Ralph," Disney, $3,216,043, 2,249 locations, $1,430 average, $168,721,592, seven weeks.

8. "Playing For Keeps," FilmDistrict, $3,146,443, 2,840 locations, $1,108 average, $10,737,535, two weeks.

9. "Red Dawn," FilmDistrict, $2,408,882, 2,250 locations, $1,071 average, $40,904,305, four weeks.

10. "Silver Linings Playbook," Weinstein Co., $2,109,274, 371 locations, $5,685 average, $16,979,323, five weeks.

11. "Flight," Paramount, $1,910,666, 1,823 locations, $1,048 average, $89,418,704, seven weeks.

12. "Argo," Warner Bros., $1,170,175, 667 locations, $1,754 average, $104,955,079, 10 weeks.

13. "Hitchcock," Fox Searchlight, $1,107,659, 561 locations, $1,974 average, $3,071,871, four weeks.

14. "Anna Karenina," Focus, $1,022,214, 409 locations, $2,499 average, $8,380,517, five weeks.

15. "Killing Them Softly," Weinstein Co., $1,008,127, 1,427 locations, $706 average, $14,140,432, three weeks.

16. "The Collection," LD Entertainment, $529,158, 621 locations, $852 average, $6,520,794, three weeks.

17. "Hyde Park On Hudson," Focus, $292,796, 36 locations, $8,133 average, $404,816, two weeks.

18. "Taken 2," Fox, $288,772, 339 locations, $852 average, $138,132,493, 11 weeks.

19. "Pitch Perfect," Universal, $245,680, 332 locations, $740 average, $63,869,423, 12 weeks.

20. "Talaash," Reliance Big Pictures, $168,828, 113 locations, $1,494 average, $2,706,375, three weeks.

___

Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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A Conversation With S. Matthew Liao: Studying Ethical Questions as We Unlock the Black Box of the Brain

Béatrice de Géa for The New York Times

CAUTION S. Matthew Liao urges advance thinking about new technologies.

In a world of proliferating professions, S. Matthew Liao has a singular title: neuroethicist. Dr. Liao, 40, the director of the bioethics program at New York University, deploys the tools of philosophy, history, psychology, religion and ethics to understand the impact of neuroscientific breakthroughs.

We spoke over four hours in two sessions. A condensed and edited version of the conversations follows.

You’re a philosopher by training. How did philosophy lead to neuroethics?

Mine’s the typical immigrant’s story. My family moved to Cincinnati from Taiwan in the early 1980s. Once here, my siblings gravitated towards the sciences. I was the black sheep. I was in love with the humanities. So I didn’t go to M.I.T. — I went to Princeton, where I got a degree in philosophy. This, of course, worried my parents. They’d never met a philosopher with a job.

Do you have any insight on why scientific careers are so attractive to new Americans?

You don’t need to speak perfect English to do science. And there are job opportunities.

Define neuroethics.

It’s a kind of subspecialty of bioethics. Until very recently, the human mind was a black box. But here we are in the 21st century, and now we have all these new technologies with opportunities to look inside that black box — a little.

With functional magnetic imaging, f.M.R.I., you can get pictures of what the brain is doing during cognition. You see which parts light up during brain activity. Scientists are trying to match those lights with specific behaviors.

At the same time this is moving forward, there are all kinds of drugs being developed and tested to modify behavior and the mind. So the question is: Are these new technologies ethical?

A neuroethicist can look at the downstream implications of these new possibilities. We help map the conflicting arguments, which will, hopefully, lead to more informed decisions. What we want is for citizens and policy makers to be thinking in advance about how new technologies will affect them. As a society, we don’t do enough of that.

Give us an example of a technology that entered our lives without forethought.

The Internet. It has made us more connected to the world’s knowledge. But it’s also reduced our actual human contacts with one another.

So what would be an issue you might look at through a neuroethics lens?

New drugs to alter memory. Right now, the government is quite interested in propranolol. They are testing it on soldiers with post-traumatic stress disorder. The good part is that the drug helps traumatized veterans by removing the bad memories causing them such distress. A neuroethicist must ask, “Is this good for society, to have warriors have their memories wiped out chemically? Will we start getting conscienceless soldiers?”

What do you think?

It is a serious business removing memories, because memories can affect your personal identity. They can impact who you think you are. I’d differentiate between offering such a drug to every distressed soldier and giving it only to certain individuals with a specific need.

Let’s say you have a situation like that in “Sophie’s Choice,” where the memories are so bad that the person is suicidal. Even if the drug causes them to live in falsehood, that would have been preferable to suicide.

But should we give it to every soldier who goes into battle? No! You need memory for a conscience. Doing this routinely might create super-immoral soldiers. As humans we have natural moral reactions to the beings around us — sympathy for other people and animals. When you start to tinker with those neurosystems, we’re not going to react to our fellow humans in the right way anymore. One wonders about the wrong people giving propranolol routinely to genocidal gangs in places like Rwanda or Syria.

Some researchers claim to be near to using f.M.R.I.’s to read thoughts. Is this really happening?

The technology, though still crude, appears to be getting closer. For instance, there’s one research group that asks subjects to watch movies. When they look at the subject’s visual cortex while the subject is watching, they can sort of recreate what they are seeing — or a semblance of it.

Similarly, there’s another experiment where they can tell in advance whether you’re going to push the right or the left button. On the basis of these experiments some people claim they’ll soon be able to read minds. Before we go further with this, I’d like to think more about what it could mean. The technology has the potential to destroy any concept of inner privacy.

What about using f.M.R.I. to replace lie detectors?

The fact is we don’t really know if f.M.R.I.’s will be any more reliable or predictive. Nonetheless, in India, a woman was convicted of poisoning her boyfriend on the basis of f.M.R.I. evidence. The authorities said that based on the pictures of blood flow in her brain, she was lying to them.

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By catering to 'elite' fliers, American Airlines misleads others

Do airlines deliberately withhold seats until the last minute to get you to splurge on pricier options?

Along the same lines, do airlines create a false impression that a flight is rapidly selling out so you'll jump on any seat available, no matter the cost?

The answers, according to the airline industry, are no and no.

Travelers might have another opinion.

The topic arises as airlines fiddle yet again with prices and fees. Southwest Airlines said Friday that it will start charging a fee next year for customers who miss a flight but fail to cancel their reservation. The carrier hasn't said how much the fee will run.

American Airlines, meanwhile, last week unveiled a new fare structure that will allow coach passengers to dodge a pesky $150 fee to change a booking. But that's only if you agree to pay up to $88 more for your ticket. I'll get back to that in a moment.

Quiz: Test your knowledge about airport security

First, let's meet Dan Cohen, who had a recent run-in with American that paints a decidedly unflattering picture of how the airline treats customers — and perhaps goes a long way toward explaining why American's parent, AMR Corp., has been plodding through bankruptcy proceedings for more than a year.

Cohen, 58, is an Emmy-winning documentary filmmaker whose latest effort, "An Article of Hope," is scheduled to appear next month on PBS. The executive producer of the film, about Israeli astronaut Ilan Ramon, was Tom Hanks.

Cohen has been tweaking the film right up to the finish line. He had to fly from his home in Maryland this month to shoot some last-minute footage in Los Angeles. It was a quick trip — arrive Saturday, work Sunday, return Monday.

He booked the roughly $250 round-trip ticket on the travel site Expedia. For the flight to L.A., no problem. Cohen went to American's website and reserved a seat without any trouble.

For the flight back to Maryland, however, the airline's site showed that only five seats were open, and each required a nearly $42 upgrade fee.

"I figured, holy smokes, I better buy my seat right away or I'm not going to get one," he said. "They obviously were selling out or were overbooking the flight."

So Cohen paid the extra fee and reserved his seat. On the morning of his return flight, he went back to American's website to print his boarding pass, and, lo and behold, there were now 20 seats open — and more than half didn't require an extra fee.

In fact, one of the seats that had previously been listed as requiring an upgrade was now available at the regular price.

"It was a bait-and-switch," Cohen said. "Their seating chart on their own website clearly didn't represent the actual seats available."

Well, what if a bunch of people had simply canceled at the last minute?

"No way," Cohen replied. "The flight was completely full. It's hard to believe there were that many cancellations just a few hours before takeoff."

Insult to injury: When he asked for a refund of that upgrade fee at the airport, the airline rep said she couldn't do anything to help.

It all looked pretty fishy. So I got in touch with Jim Faulkner, a spokesman for American Airlines.

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Connecticut school gunman shot mother multiple times, autopsy finds

NEWTOWN, Conn. -- School shooter Adam Lanza killed his mother with "multiple" shots to her head and killed himself with a single shot to his head, according to a coroner’s report released Sunday.

After killing his mother in the home they shared, Lanza, 20, drove her car to Sandy Hook Elementary School, where he opened fire in two classrooms Friday morning, killing 20 children and six adults. He then turned the gun on himself.

The autopsy reports were released by Connecticut Chief Medical Examiner Dr. H. Wayne Carver II, who said earlier that all the children had been shot multiple times.

Officials have not identified the make of Lanza's weapon, which Carver has described only as a “long gun.”

As the autopsy reports were being released Sunday, a threatening phone call to a local church prompted a mid-service evacuation that jarred a day of mourning as residents throughout this community grappled with the aftermath of the elementary school massacre.

FULL COVERAGE: Connecticut school shooting

A church spokesman said police gave an all-clear soon after the evacuation at St. Rose of Lima Church. A SWAT team had surrounded the rectory across the parking lot from the main church building and hundreds of parishioners were forced to leave services that had been packed all morning.

"This is a very difficult time for all the families. We have seen incredible dignity in the faces of these people," church spokesman Brian Wallace said. The church was locked following the all-clear to "restore calm," Wallace said.

"I don't think anyone can be surprised about anything after what has happened," he said.

Earlier police said in a morning briefing that they may have to interview the youngest survivors of the school shooting as they try to determine the motive of the gunman.

State Police Lt. Paul Vance and Newtown Police Lt. George Sinko offered few new details of the crime or the investigation into the so-far inexplicable rampage at the elementary school.

Any motive -- speculation about Lanza's video game habits, and his relationship with the school and with his mother -- remained unconfirmed. Two days later, police still aren't saying why he did what he did.

PHOTOS: Connecticut school shooting

“For us to be able to give you the summary of the motive, we have to complete the investigation; we have to have the whole picture to say how and why this occurred," said Vance of the Connecticut State Police, the lead agency on the investigation. "There are weeks’ worth of work left for us to complete this."

Lanza's mother legally purchased the guns later recovered at the scene of the massacre, law enforcement officials have said. Officials have previously said those weapons included a military-style Bushmaster .223 rifle, a Glock 9-millimeter pistol and a Sig Sauer semiautomatic pistol, officials said.

Vance said police would be tracing the weapons' origins "back to their origin" at their manufacturers.

Connecticut Gov. Dan Malloy told CNN on Sunday morning: "What we know is he shot his way into the building, so he penetrated the building -- he wasn't buzzed in. He penetrated the building by literally shooting an entrance into the building."

Sinko, meanwhile, said it was "too early" to say if children ever would return to the two classrooms where the killings occurred. "It's too early to say, but I would find it very difficult for them to do that," he said.

Arrangements were under way for some children to report to another elementary school in Newtown when classes resume.

"We want to keep these kids together," said Sinko, explaining that they hoped children who were moved to new schools could stay with their classmates. "We want to move forward very slowly and respectfully," he added, by way of explaining why it was expected to take so long to interview surviving children.

At the news conference, Vance also said the FBI had been asked to help investigate false postings on social media sites that included "some things in somewhat of a threatening manner," and some that purported to be messages from the shooter himself or others involved in the incident.

"There are quotes by people who are posing as the shooter.... Suffice it to say, the information has been deemed as threatening," he said when asked to elaborate.

ALSO:

Suspect in massacre tried to buy rifle days before, sources say

In Newtown, death's chill haunts the morning after school shooting

Connecticut shooting: Gunman forced his way into school, police say

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'Hobbit' bests 'Rings' with $84.8 million opening

NEW YORK (AP) — Peter Jackson's "The Hobbit" led the box office with a haul of $84.8 million, a record-setting opening better than the three previous "Lord of the Rings" films.

The Warner Bros. Middle Earth epic was the biggest December opening ever, surpassing Will Smith's "I Am Legend," which opened with $77.2 million in 2007, according to studio estimates Sunday. "The Hobbit: An Unexpected Journey" also passed the December opening of "Avatar," which opened with $77 million. Internationally, "The Hobbit" also added $138.2 million, for an impressive global debut of $223 million.

Despite weak reviews, the 3-D adaptation of J. R. R. Tolkien's first novel in the fantasy series was an even bigger draw than the last "Lord of the Rings" movie, "The Return of the King." That film opened with $72.6 million. "The Hobbit" is the first of another planned trilogy, with two more films to be squeezed out of Tolkien's book.

While Jackson's "Rings" movies drew many accolades — "The Return of the King" won best picture from the Academy Awards — the path for "The Hobbit" has been rockier. It received no Golden Globes nominations on Thursday, though all three "Rings" films were nominated by the Hollywood Foreign Press Association for best picture.

Particularly criticized has been the film's 48-frames-per-second (double the usual rate), a hyper-detailed look that some have found jarring. Most moviegoers didn't see "The Hobbit" in that version, though, as the new technology was rolled out in only 461 of the 4,045 theaters playing the film.

Regardless of any misgivings over "The Hobbit," the film was a hit with audiences. They graded the film with an "A'' CinemaScore.

"What's really important, what makes this special is the CinemaScore," said Dan Fellman, president of domestic distribution for Warner Bros. "All these things point to a great word of mouth. We haven't even made it to the Christmas holidays yet. Kids are still in school this week."

The strong opening culminated a long journey for "The Hobbit," which was initially delayed when a lawsuit dragged on between Jackson and "Rings" producer New Line Cinema over merchandizing revenue. At one point, Guillermo del Toro was to direct the film with Jackson producing. But eventually the filmmaker opted to direct the movie himself, originally envisioning two "Hobbit" films. The production also went through the bankruptcy of distribution partner MGM and a labor dispute in New Zealand, where the film was shot.

The long delay for "The Hobbit," nearly a decade after the last "Lord of the Rings" film, made it "one of those movies that had everyone scratching their heads as to how it would open," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com.

"It's been a decade since the 'Lord of the Rings' trilogy concluded," said Dergarabedian. "There's been so much anticipation for this film and having Peter Jackson back at the helm just made it irresistible both to fans and the non-initiated alike."

"The Hobbit" was far and away the biggest draw in theaters, with no other new wide release. Paramount's "Rise of the Guardians" continued to draw the family crowd, with $7.4 million, bringing its cumulative total to $71.4 million. The Oscar contender "Lincoln" from Walt Disney crossed the $100 million mark, adding another $7.2 million to bring its six-week total to $107.9 million. And Sony's James Bond film "Skyfall," with another $7 million domestically, drew closer to a global take of $1 billion.

The box office continued to be on the upswing and with anticipated releases like "Les Miserables," ''Django Unchained" and "The Guilt Trip" approaching in the holiday moviegoing season. Dergarabedian expects the year to break the 2009 record of $10.6 billion. With some $10.2 billion in revenue thus far, he said, "We're on track to be in that realm."

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "The Hobbit: An Unexpected Journey," $84.8 million ($138.2 million international).

2. "Rise of the Guardians," $7.4 million ($20.1 million international).

3. "Lincoln," $7.2 million.

4. "Skyfall," $7 million ($12.2 million international).

5. "Life of Pi," $5.4 million ($11.5 million international).

6. "The Twilight Saga: Breaking Dawn, Part 2," $5.2 million ($13 million international).

7. "Wreck-It Ralph," $3.3million ($4.7 million international).

8. "Playing for Keeps," $3.2 million ($1.4 million international).

9. "Red Dawn," $2.4 million.

10. "Silver Linings Playbook," $2 million ($370,000 international).

___

Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. "The Hobbit: An Unexpected Journey," $138.2 million.

2. "Rise of the Guardians," $20. 1 million.

3. "The Twilight Saga: Breaking Dawn, Part 2," $13 million.

4. "Skyfall," $12.2 million.

5. "Life of Pi," $11.5 million.

6. "Wreck-It Ralph," $4.7 million.

7. "26 Years," $3.5 million.

8. "Whatcha Wearin'? (My P.S. Partner)," $3 million.

9. "Tutto Tutto Niente Niente," $2.4 million.

10. "Pitch Perfect," $2.3 million.

___

Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

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Don't impoverish yourself to pay kids' student loans

Dear Liz: I'm in my 50s. My kids have college loan debts that might total more than $200,000. I allowed them to take out loans because I expected to inherit $300,000 to help them pay off the debt. Now that inheritance will not happen.

I have $250,000 saved for retirement. When I'm 58 1/2 years old, I would like to pull that money out and pay some or all of these debts. Or use home equity. I've recently been downsized in employment, but I am looking to increase my income so I can help with their debt. Advice?

Answer: If your goal is to impoverish yourself so your kids will have to take care of you in your old age, by all means proceed with your plan. Otherwise, you need to rethink this.

You've been laid off in the middle of what should be your peak earning years. Older workers often have a tougher time than younger ones finding replacement jobs, even in a better economy than this one. You may not be able to replace your former income, which means you may not be able to add much to the amount you've already saved. You should be conserving your resources, including your home equity, and not squandering it repaying debts that aren't yours.

And "squandering" is the right word. You may be able to avoid paying federal and state tax penalties on withdrawals under certain conditions; distributions made after age 59 1/2 avoid the penalties, as do those made if you're "separated from service" if the job termination occurred in or after the year you turn 55. But you'll still owe income taxes on the withdrawal, and those can be considerable.

Your children are the ones who will benefit from their educations. Those educations should allow them to earn incomes to repay these loans. The amount of debt they've accrued might be excessive — you didn't specify how many kids, or whether this debt is being incurred pursuing undergraduate or graduate degrees. Ultimately, though, they will be in a better position to pay the debt than you are.

If you promised them help you can't deliver, sit down with them now to break the bad news and strategize on how they can finish their educations without incurring substantially more debt.

Your story also should serve as a cautionary tale for anyone counting on an inheritance to pay future bills. Until the money is in your bank account, it's not yours and shouldn't be part of your financial planning.

Refinancing mortgage in divorce may not be wise move

Dear Liz: My soon-to-be ex wants to refinance our mortgage to pay for renovations so we can sell it for more money. He also wants to take out some cash to pay off unsecured loans. (I have $11,000 in credit card debt, and he has over $50,000.) The house recently appraised for $310,000 and we owe $158,000 on it. Is it wise to refinance in this circumstance?

Answer: A cash-out refinance would be a risky maneuver even if you intended to stay married. Renovations rarely boost a home sale price enough to cover their cost. Also, home equity that's used to pay off credit card bills is often wasted, since the borrower never fixes the problem that led to overspending in the first place and simply runs up more debt. Since he would be getting the bulk of the benefit by having more of his debt paid off, you also would need to adjust the rest of your property settlement.

Often, the best and easiest solution in a divorce is to simply sell the house. You certainly wouldn't want to remain on a mortgage with an ex after the divorce was final, if you could possibly avoid it. A good divorce attorney can give you advice about how to proceed from here.

Make saving money automatic

Dear Liz: What's the easiest way to save money? I have the hardest time. I want to save, but I feel that I don't make enough to start saving.

Answer: The easiest way to save is to do it without thinking about it.

That usually means setting up automatic transfers either from your paycheck or from your checking account. If you have to think about putting aside money, you'll probably think of other things to do with that cash. If it's done automatically, you may be surprised at how fast the money piles up.

The second part of this equation is to leave your savings alone. If you're constantly dipping into savings to cover regular expenses, you won't get ahead.

People manage to save even on small incomes because they make it a priority. They "pay themselves first," putting aside money for savings before any other bills are paid. Start with small, regular transfers and increase them as you can.

Questions may be sent to 3940 Laurel Canyon, No. 238, Studio City, CA 91604 or by using the "Contact" form at asklizweston.com. Distributed by No More Red Inc.

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