Fiscal cliff deal, approved by Senate, runs into opposition in House

WASHINGTON – A Senate-passed bill to keep the country from going off the fiscal cliff ran into trouble in the House today, as Majority Leader Rep. Eric Cantor came out against the deal.

"I do not support the bill,” Cantor said as he left a closed closed-door meeting of Republicans about the deal negotiated between Vice President Biden and Senate Minority Leader Mitch McConnell of Kentucky.

The Senate passed the deal by a wide margin just after 2 AM today, two hours after the country technically went over the fiscal cliff, when tax hikes and billions of spending cuts took effect.

With just hours left to try to act on the deal before financial markets open Wednesday morning, the House had yet to even schedule a vote.

“The Speaker and Leader laid out options to the members and listened to feedback,” said Boehner spokesman Brendan Buck. “The lack of spending cuts in the Senate bill was a universal concern amongst members in today’s meeting.”

“Conversations with members will continue throughout the afternoon on the path forward,” Buck said.

Rank and file Republicans complained about the deal’s lack of spending cuts.

“I’d be very surprised if the House passed what the Senate passed in the middle of the night – very surprised,” said Rep Steve King (R-Iowa) told the Post.

“I would be shocked if the bill doesn’t go back to the Senate” with spending cuts, said Rep. Spencer Bachus (R-Ala.).

Any changes made by the House would have to be matched by the Senate, and could scuttle the deal. But Republicans also cautioned against putting “poison pills” into the deal.

House Democratic Minority Leader Nancy Pelosi tried to hold House Republicans’ feet to the fire.

“Our Speaker has said when the Senate acts, we will have a vote in the House," she said. "That is what he said, that is what we expect, that is what the American people deserve…a straight up-or-down vote."

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Housing, jobs key to lifting S&P toward record

NEW YORK --
With it appearing that Washington lawmakers are working their way past the “fiscal cliff,” many analysts say that the outlook for stocks in 2013 is good, as a recovering housing market and an improving jobs outlook helps the economy maintain a slow, but steady recovery.

Reasonable returns in 2013 would send the S&P 500 toward, and possibly past, its record close of 1,565 reached in October 2007.

A mid-year rally in 2012 pushed stocks to their highest in more than four years. Both the Standard & Poor’s 500 and the Dow Jones industrial average posted strong gains in 2012. Those advances came despite uncertainty about the outcome of the presidential election and bouts of turmoil from Europe, where policy makers finally appear to be getting a grip on the region’s debt crisis.

“As you remove little bits of uncertainty, investors can then once again return to focusing on the fundamentals,” says Joseph Tanious, a global market strategist at J.P. Morgan Funds. “Corporate America is actually doing quite well.”

Although earnings growth of S&P 500 listed companies dipped as low as 0.8 percent in the summer, analysts are predicting that it will rebound to average 9.5 percent for 2013, according to data from S&P Capital IQ. Companies have also been hoarding cash. The amount of cash and cash-equivalents being held by companies listed in the S&P 500 climbed to an all-time high $1 trillion at the end of September, 65 percent more than five years ago, according to S&P Dow Jones Indices.

Assuming a budget deal is reached in a reasonable amount of time, investors will be more comfortable owning stocks in 2013, allowing valuations to rise, says Tanious.

Stocks in the S&P 500 index are currently trading on a price-to-earnings multiple of about 13.5, compared with the average of 17.9 since 1988, according to S&P Capital IQ data. The ratio rises when investors are willing to pay more for a stock’s future earnings potential.

The stock market will also likely face less drag from the European debt crisis this year, said Steven Bulko, the chief investment officer at Lombard Odier Investment Managers. While policy makers in Europe have yet to come up with a comprehensive solution to the region’s woes, they appear to have a better handle on the region’s problems than they have for quite some time.

Stocks fell in the second quarter of 2012 as investors fretted that the euro region’s government debt crisis was about to engulf Spain and possibly Italy, increasing the chances of a dramatic slowdown in global economic growth.

“There is still some heavy lifting that needs to be done in Europe,” said Bulko. Now, though, “we are dealing with much more manageable risk than we have had in the past few years.”

Next year may also see an increase in mergers and acquisitions as companies seeks to make use of the cash on their balance sheets, says Jarred Kessler, global head of equities at broker Cantor Fitzgerald.

While the number of M&A deals has gradually crept higher in the past four years, the dollar value of the deals remains well short of the total reached five years ago. U.S. targeted acquisitions totaled $964 billion through Dec. 27, according to data tracking firm Dealogic. That’s slightly down from last year’s total of $1 trillion and about 40 percent lower than in 2007, when deals worth $1.6 trillion were struck.

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Disbarred Miami lawyer charged with selling guns stolen from Iraq’s Hussein family

Federal prosecutors in New Jersey have charged a disbarred Miami-area lawyer and three other people with hatching a scheme to sell a cache of stolen guns that once belonged to the family of the late Iraqi dictator Saddam Hussein.

Prosecutors say David Ryan, 48, a one-time personal injury lawyer from Pinecrest, obtained at least seven guns that had been smuggled out of Iraq and then tried to sell them, with the help of others, through a New Jersey sporting goods store. Officials with Iraq’s embassy in Washington confirmed that the guns had been taken from Iraq, and that they are considered property of the Iraqi government, court records show.

Two of the pistols in the arsenal are stamped with the initials “Q.S,” believed to be the initials of Qusay Saddam Hussein al-Tikriti, the second son of Saddam Hussein and the one-time heir to Hussein’s seat. Qusay Hussein was killed by U.S. soldiers in a raid in Mosul, Iraq, in July 2003.

Also among the weapons: A Chinese-made pistol with the flag of Yemen on the grip, two German pistols with gold inlay and two Cosmi 12-gauge shotguns.

Ryan and three other men were arrested Dec. 19 on charges of conspiracy to transport stolen firearms and conspiracy to sell stolen property Ryan also was charged with unlawfully mailing firearms. He was released on $250,000 bail.

Ryan’s lawyer, Miami attorney Edward O’Donnell IV, said Ryan believed the guns had been obtained legally, and he believed his attempts to sell the guns were legitimate. O’Donnell said Ryan showed the guns to a licensed firearms dealer in Miami, and he shipped them to New Jersey through a licensed dealer.

“The people he got them from are not criminals,” O’Donnell said. O’Donnell would not say how Ryan obtained the guns, and the arrest report does not provide details about Ryan’s acquisition of the weapons.

Investigators with the federal Bureau of Alcohol, Tobacco and Firearms said Ryan first contacted a Pittsburgh man, Karlo Sauer, last spring seeking an appraisal of the guns and e-mailing Sauer photographs of the weapons, which were stored somewhere in Florida, court records show. Sauer then contacted two New Jersey men, Howard Blumenthal and Carlos Quirola, who in turn tried to find buyers for the weapons last summer.

ATF agents then learned of the scheme and used undercover informants to try to set up a deal to buy the guns for $160,000, court records show.

Ryan then shipped six of the guns by mail from Miami to the sporting goods store in Ridgefield., N.J., and flew to New York on July 17 to try to close the deal, investigators said. Ryan later told one of the informants that he was “100 percent, absolutely, completely and totally positive that these guns are from Iraq,” and Ryan said they had been appraised at more than $1 million, according to the arrest report.

According to the arrest report, Blumenthal and Quirola both acknowledged to ATF agents that they knew the guns had been stolen or taken out of Iraq without proper approval.

When ATF agents interviewed Ryan on Aug. 7, he gave them a seventh gun from the same weapons cache, which he retrieved from Security Arms International gun store, 13981 S. Dixie Hwy. in Palmetto Bay, according to the arrest report.

Ryan worked as an attorney for 13 years until 2010, when he was disbarred by the Florida Supreme Court after auditors found that he had misused money he held in a trust account for his clients, records show. Ryan also filed for bankruptcy protection in 2010, but his petition was dismissed after he failed to submit follow-up paperwork, court records show.

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Ban on demanding Facebook passwords among new 2013 state laws

CHICAGO (Reuters) – Employers in California and Illinois will be prohibited from demanding access to workers’ password-protected social networking accounts and teachers in Oregon will be required to report suspected student bullies thanks to new laws taking effect in 2013.

In all, more than 400 measures were enacted at the state level during 2012 and will become law in the new year, according to the National Conference of State Legislatures (NCSL).

Some of the statutes, which deal with everything from consumer protection to gun control and healthcare, take effect at the stroke of midnight. Others will not kick in until later in the year.

The raft of measures includes a new abortion restriction in New Hampshire, public-employee pension reform in California and Alabama, same-sex marriage in Maryland, and a requirement that private insurers in Alaska cover autism in kids and young adults, NCSL said.

In New Hampshire, a rarely used form of late-term abortion will become illegal except to save the life of the mother – and even then only if two doctors from separate hospitals certify the procedure is medically necessary.

John Lynch, the state’s outgoing Democratic governor, had vetoed the measure, saying it would threaten the lives of women in rural areas. But the state’s Republican-controlled legislature later overrode him.

In California and Illinois, laws that take effect at 12:01 a.m. local time will make it illegal for bosses to request social networking passwords or non-public online account information from their employees or job applicants.

Michigan’s Republican Governor Rick Snyder signed a similar measure into law earlier this month that took effect immediately. The Michigan law also penalizes educational institutions for dismissing or failing to admit a student who does not provide passwords and other account information used to access private internet and email accounts, including social networks like Facebook and Twitter.

But workers and job seekers in all three states will still need to be careful what they post online: Employers may continue to use publicly available social networking information. So inappropriate pictures, tweets and other social media indiscretions can still come back to haunt them.

Gun violence – in places where it’s all too common, such as Chicago, and in places where it’s unexpected, such as Sandy Hook Elementary School in Newtown, Connecticut – was big news in 2012. But only a handful of new state firearms laws are set to take effect in 2013.

In Michigan, the definition of a “pistol” under the law will now include any firearm less than 26 inches in length. The new definition encompasses some rifles with folding stocks and will make the weapons subject to the same restrictions as pistols.

In Illinois, certain guns currently regulated by state law, including paintball guns, will be excluded from the definition of a firearm and participants in military re-enactments will be exempt from some weapons laws.

Another big story in 2012 was the effort by lawmakers in a number of cash-strapped states to put their public employee pension funds on a sounder financial footing.

In California and Alabama, reforms designed to begin to address the unfunded liabilities of those retirement systems will take effect in 2013.

Among the other new laws on the books in 2013:

* In California, prison workers and peace officers will now be prohibited from having sex with inmates and prisoners in transport.

* In Illinois, sex offenders will be prohibited from distributing candy on Halloween, or playing Santa or the Easter Bunny.

* In Oregon, employers won’t be allowed to advertise a job vacancy if they won’t consider applicants who are currently out of work.

* In Kentucky, residents will be prohibited from releasing feral or wild hogs back into the wild and Illinois will ban the possession and sale of shark fins.

* And in Florida, the term “motor vehicle” will no longer apply to the specialized all-terrain vehicles with over-sized tires known as “swamp buggies” that are popular in some parts of the state.

(Reporting by James B. Kelleher; Editing by Greg McCune and Nick Zieminski)

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Somber farewell for man pushed to his death in subway

Friends of the hardworking, humble immigrant shoved to his death last week in front of the 7 train by a Muslim-hating madwoman today gathered for an emotional farewell in Queens at the Coppola-Migliore funeral home in Flushing.

Sunando Sen, 36, was remember as a man of “quiet strength” by Lorcan Otway, a lawyer and longtime friend, who noted that Sen years ago left Bangladesh to escape oppression, and was involved in human rights issues here, helping Hindus.

Sen’s mentally ill alleged killer, Erika Menendez, 31, has told cops she pushed Sen because she hates Muslims and Hindus.

Matthew McDermott

Farewell for subway push victim Sunando Sen.

“He didn’t have a hateful bone in his body,” Otway said of Sen. “He approached everything with a calmness. The remarkable man he was should teach us a lesson. I wish people could know the greater loss to the community.”

Sen’s body, wrapped in cloth and covered with flowers, lay in a blue-grey casket. Sarker and others recited traditional prayers, chanted and burned incense. They put bananas and rice in his casket, followed by yogurt and milk – a sendoff ritual meant to give Sen what he needs as he travels into the next world, friends said.

Sen had no family here, and his parents in India have died. But he fashioned a family from the friends he made in New York, said Bidyut Sarker Sen’s boss at the Manhattan print shop where he’d worked for 15 years.

"I feel like I lost a family member. The neighborhood, the shop, was his family,” said Sarker, who helped pay for Sen’s burial. “Customers are coming in and crying. "

Sen, whom friends said had recently opened his own printing shop on Amsterdam Avenue, was “a gentleman” and exceptionally smart. He got a scholarship to New York University and earned a master’s degree in economics, and was trying for a PhD at Columbia before dropping out because he couldn’t afford it, friends said.

Sen taught himself graphic design, Sarker said, and was “extraordinarily talented,” Otway noted.

“He was working well below his education,” Otway said.

Sen’s body was cremated at a cemetery after the ceremony.

Meanwhile yesterday, police said they were called by Erika Menendez’s family members at least five times prior to last Thursday’s train-shoving because Menendez had gone off her prescribed meds.

Menendez is being held without bail. She has replaced her court-appointed lawyer Queens lawyer Joseph DeFelice. He did not return calls.

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Florida colleges a bargain, says Kiplinger

Though Florida’s in-state tuition costs more than double what it did only a decade ago, many of the state’s public universities are still a good value, according to the latest annual “Best Values in Public Colleges” list compiled by Kiplinger’s Personal Finance.

Florida schools have long fared well in the magazine’s rankings, with this year being no exception. Six of Florida’s 12 state schools made the top 100, with two — the University of Florida and New College of Florida in Sarasota — keeping their place in the top 10, though both schools slipped slightly from their spots a year ago.

UF landed at No. 3 in this year’s rankings, down from No. 2 last year. New College, meanwhile, slipped two spots from No. 5 to No. 7.

In the case of both schools, Kiplinger’s praised what it described as a combination of strong academics and relative affordability. Though Florida’s price of tuition keeps rising, it is still among the lowest in the country — 40th out of 50 states, according to the College Board.

Kiplinger’s also noted UF’s strong retention rate.

“Students stick around, with only 5 percent leaving after freshman year,” the magazine wrote. “And although Florida is a big school — with 16 colleges, more than 150 research centers and institutes, and the largest undergraduate enrollment in our top 10 — it’s still selective, with a 43 percent admittance rate.”

New College is the complete opposite of UF in terms of size (it enrolls less than 850 students) but Kiplinger’s found it also offers “solid academics” along with the lowest total cost of attendance — $16,181 — of any of the top 10 schools. That figure combines the $6,783 annual tuition and fees with other college expenses such as room and board.

Lower in the Kiplinger’s rankings, four other Florida schools were also recognized. Florida State University came in at No. 26, the University of Central Florida landed at No. 42, the University of South Florida was No. 57 and the University of North Florida was No. 64.

Braulio Colón, executive director of the Florida College Access Network, said Florida families looking for a tuition bargain shouldn’t limit their search to state universities. Florida’s community colleges, Colón said, are high-quality, cost about half as much as state universities, and boast a guaranteed-transfer agreement that is the envy of many other parts of the country. Students who earn an associate in arts degree from a Florida community college are guaranteed admission to a state university, though it may not be to the student’s preferred school.

Long term, Colón said, Florida must overhaul its student financial aid system if it wants to maintain college affordability. The state’s largest college aid program is Bright Futures scholarships — some of which are awarded to affluent families who could afford to pay for college on their own. Helping students with demonstrated need must become more of a priority, Colón said, or college costs could eventually spiral out of reach for some families.

“We are at a turning point, right now, as a state,” Colón said.

To see the Kiplinger list go to: http://www.kiplinger.com/reports/best-college-values/

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As 500th anniversary nears, cities vie for title of Ponce de Leon’s landing spot

ST. AUGUSTINE --
— Where did that most ambitious conquistador, Juan Ponce de Leon, wade ashore five centuries ago and name his prize "La Florida?" Inquiring minds all over our state would like to know, the sooner the better, for planning purposes.

With the big day approaching — the anniversary arrives on April 3, 2013 — what east-coast beach city gets to shoot off the fireworks? If King Juan Carlos I of Spain graces us with a visit, where will he and Gov. Rick Scott shake hands? This being Florida, where communities joust like 16th-century knights for tourist dollars, it’s important.

In a perfect world, someone would step forward, bow gallantly and unroll Ponce’s original log and answer all questions. Alas, the log has been lost to historians since before Shakespeare’s time.

Grab your sharpest rapier and don your shiniest armor. Load the blunderbuss and polish the shield. In a tale fit for the Bard, brace yourself for the Ponce wars.

For our purposes, think of the northeast Florida city of St. Augustine as the Capulets. Melbourne Beach, a few hours south, can serve as the Montagues.

Without evidence everyone can accept as gospel, folks from both cities can claim Ponce celebration rights.

Cities all over Florida have streets, schools and springs named after Ponce. But no place has celebrated the Spaniard as long as St. Augustine. Founded in 1565 by another famous conquistador, Pedro Menendez de Aviles, it’s North America’s oldest continuously inhabited city. In 2011, its reputation for Spanish colonial heritage brought in $669 million in tourism.

It’s always been mad about the mysterious dude who accompanied Christopher Columbus to the Indies on his 1493 voyage, battled natives, found gold, got filthy rich, became Puerto Rico’s first governor, lost his job, but somehow stayed in the good graces of Spain’s King Ferdinand I, who encouraged Ponce to do some more exploring.

He named the island he thought he had encountered "La Florida" because it was a verdant place. It was also around Easter, the feast of flowers in Spain.

St. Augustine’s best known tourist attraction, and one of Florida’s oldest, is named for the spring supposedly sought by Ponce, the Fountain of Youth. Florida’s first grand hotel, the Ponce de Leon, built by Standard Oil magnate Henry Flagler in 1888, is now part of the Flagler College campus. Finally, no town in North America boasts as many Ponce statues, three at the present, with another to be unveiled in April.

St. Augustine will be celebrating Viva 500 all year. But on anniversary day it will hold a re-enactment and a ceremony at the Cathedral Basilica. Santiago Baeza Benavides — the mayor of Ponce’s hometown in Spain — is bringing a replica of the font in which the conquistador was baptized in 1474.

Take that, Melbourne Beach.

About a year ago, a publicist for the St. Johns County Visitor and Convention Bureau headed for New York to drum up some national media buzz. On her "come to St. Augustine in 2013" visits with newspaper and magazine travel editors, Barbara Golden brought a secret weapon.

Ponce de Leon.

His real name is Chad Light. A doctoral history student at the University of Florida, he works at the Fountain of Youth Archaeological Park in St. Augustine. In addition to serious history pursuits, he entertains tourists by playing Ponce in re-enactments. He’s 46, muscular and swash-buckling handsome, with a Spaniard’s dark hair and eyes. He dresses like Ponce and answers visitor questions as Ponce in Spanish-inflected English. For the record, he also speaks perfect Castilian Spanish, thank you.

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Skyfall Passes One Billion Mark at Box Office

Skyfall is not only the highest grossing Bond film of all-time, it has just become the 14th film ever to earn more than one billion dollars at the box office.

RELATED - 12 Best Movies of 2012

The 23rd Bond film crossed this milestone on December 30, with Sony vice chairman Jeff Blake saying, "To see a film connect with audiences is always gratifying, but the success of this film is nothing short of extraordinary. After 50 years of entertaining audiences all over the world, Skyfall is the most successful James Bond film of all time."

VIDEO - Daniel Craig Talks Skyfall & Showing Skin

Skyfall is the third film released in 2012 to earn more than one billion dollars; The Avengers ($1.51 billion) and The Dark Knight Rises ($1.08 billion) crossed the magic mark earlier this year.

Avatar remains the highest grossing film of all-time, with $2.7 billion, while James Cameron also holds the second spot as well thanks to Titanic's $2.1 billion. The Avengers swooped up third, Harry Potter and the Deathly Hallows Part 2 worked its magic in fourth ($1.3 billion) and Transformers: Dark of the Moon ($1.3 billion) rounds out the top 5. Here are the remaining films to have crossed the billion dollar mark:

6. The Lord of the Rings: The Return of the King ($1.119 billion)

7. The Dark Knight Rises ($1.081 billion)

8. Pirates of the Caribbean: Dead Man's Chest ($1.066 billion)

9. Toy Story 3 ($1.063 billion)

10. Pirates of the Caribbean: On Stranger Tides ($1.043 billion)

11. Star Wars: Episode I - The Phantom Menace ($1.027 billion)

12. Alice in Wonderland ($1.024 billion)

13. The Dark Knight ($1.004 billion)

14. Skyfall ($1.000 billion)

Skyfall is expected to surpass several higher earning films as it has yet to open in China yet.

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MetroNorth train hits car, halting Connecticut service

REDDING, Conn. — Metro North train service has been suspended on the Danbury line following a train accident involving a car.

A Metro North spokesman said the train struck a car in Redding on Sunday afternoon. The train had no passengers and there was no information about whether there were injuries involving the car.

Bus service will ferry passengers between Danbury and South Norwalk.

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Week brings startup launches, social media advice for 2013

Jared Kleinert, a South Florida entrepreneur, plans to soon launch Synergist, a platform that allow social entrepreneurs to meet potential co-founders online, collaborate and crowdfund their new projects. He also just launched AliveNDead, a blog about risk-taking, and he interns for a Silicon Valley startup.

And when he’s not doing all that, he’s going to class — he’s a junior at Spanish River High School in Boca Raton.

Lester Mapp is CEO and founder of the new Miami-based startup called designed by m. His team has just designed a sleek, ultra-thin aluminum iPhone bumper and launched the project on Kickstarter. After just a few days, Mapp is already more than a third of the way to his $20,000 fund-raising goal.

Read about both these entrepreneurs on The Starting Gate blog, where there’s also a post on the most pressing issues facing small businesses in the coming year — taxes, healthcare, lending and a skilled worker shortage, for starters.

And as you are ringing in the New Year, you may be resolving to beef up your business’ social media strategy. Susan Linning's guest post offers five top tips for boosting your social media effectiveness. Among them: Go beyond retweets and make your posts original, fun and personal (but not too personal.) Use visuals, too. Find this and other news, views and tools for entrepreneurs on the blog, which is at the bottom of MiamiHerald.com /business.

Follow me on Twitter @ndahlberg and Happy New Year to all.

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