No end in sight for decade-long Conn. divorce case

STAMFORD, Conn. — One of Connecticut's longest running legal cases is showing no signs of nearing a final resolution after 10 years and nearly 600 motions and rulings.

Karen Kaiser, of Southbury, filed for divorce from David Zilkha in Stamford Superior Court in 2003 in a case that helped bring down a multibillion-dollar hedge fund.

A judge granted them a divorce in 2005, but the case continued with disputes over child visitation and legal fees. More court hearings are set for the next two months.

Evidence from the divorce case led federal regulators to reopen an insider trading probe against Westport-based Pequot Capital Management in 2009. The firm and its founder ended up paying $28 million to settle the allegations, and the company shut down amid the probe.

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Worcester pharmacy to pay $1.6M over violations

WORCESTER, Mass. — Prosecutors say a Worcester pharmacy will pay $1.6 million to settle allegations that it broke state laws by automatically refilling prescription medications that were not requested by MassHealth patients.

Attorney General Martha Coakley says AllCare Pharmacy has agreed to return $1.6 million to Massachusetts state coffers and be subject to additional reporting requirements to ensure that it complies with state laws in the future.

The attorney general's office said Friday that the settlement is the first case in the state to crackdown on a pharmacy that automatically refills prescriptions for MassHealth members.

Authorities alleges automatic refill programs cause MassHealth patients to obtain medications far in excess of what was used or needed, leading to wasted government resources.

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Gov. Patrick heading to Canada for energy confab

BOSTON — Massachusetts Gov. Deval Patrick is heading to Canada to discuss alternative energy sources, including hydropower.

Patrick leaves Sunday to attend the New England Governors and Eastern Canadian Premiers' Annual Conference in Quebec.

Patrick said the conference is an opportunity to strengthen regional partnerships to build on Massachusetts' leadership in creating renewable energy while exploring collaborative approaches to expand hydropower and other alternative energy sources.

Other topics include climate change challenges, energy supply, natural gas expansion, commercialization of electric vehicles and regional transportation issues.

Patrick said expanding reliance on hydropower has the potential to lead to lower costs for ratepayers and fewer greenhouse gas emissions.

Massachusetts has seen a steady increase in solar and wind energy production in recent years.

Patrick returns to Massachusetts on Monday.

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Managers of money fund that 'broke buck' back deal

NEW YORK — The managers of a money market fund whose failing assets raised fears about other such funds during the 2008 financial crisis have agreed to pay $10 million to settle a class-action lawsuit by investors.

The money will go into what's left of Reserve Management Co.'s Reserve Primary Fund. The managers also agreed to give up $42 million of their $72 million in claims for legal and other expenses against the fund.

Managers Bruce Bent Sr. and his sons Bruce Bent II and Arthur Bent III admitted no wrongdoing in the proposed settlement, filed late Friday in federal court in New York.

The Reserve Primary Fund "broke the buck" — its assets fell below the level needed to fully repay investors — after investing heavily in bonds from Lehman Brothers.

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It's a hit out of the park

Three years after breaking into baseball by signing Red Sox second baseman Dustin Pedroia to its first Major League Baseball endorsement deal, New Balance is looking to expand its presence by taking a swing at younger players and professional leagues in Japan and South Korea.

The Boston athletic shoe and clothing company now has 450 MLB players wearing its cleats, with 260 under formal contracts, including C.J. Wilson, Curtis Granderson, Miguel Cabrera, Jose Bautista and Evan Longoria, who turned to New Balance this year for a special cleat to accommodate his plantar fasciitis. Its baseball cleats and performance clothing also are sold by specialty baseball retailers such as Eastbay and at 160 Dick's Sporting Goods.

Revenue from baseball products still accounts for only a small percentage of New Balance's $2.39 billion in annual sales — cleated footwear is the lowest-margin footwear in the business — but the company banks on the "halo effect" that those sales will have in generating brand allegiance, according to Mark Cavanaugh, general manager of team sports and sports marketing.

New Balance's "Young Guns" campaign will target baseball players under the age of 25.

"Oftentimes, brands will wait to see if younger players become established in the game instead of taking a gamble on a kid who might be drafted or is in the minors," Cavanaugh said.

Its global attack will focus on Japanese and Korean MLB players — it signed Los Angeles Dodgers pitcher Hyun-jin Ryu this spring — and Nippon Professional Baseball and Korean Professional Baseball players.

New Balance opted to break into professional baseball because of its low cost of entry compared to other pro sports, according to Cavanaugh. And the company, which was known as a running brand, recognized it had to get into endorsement deals to establish a meaningful presence on the field.

The brand prides itself on judging a player's character as a criteria for endorsement deals more than other brands, according to Cavanaugh.

"We literally say no to guys," he said, noting three undisclosed players were dropped for issues such as driving under the influence and domestic assault.

Giving back to charitable and community organizations also is a condition of the athletes' contracts. Given what's been happening in New England sports of late, "it's a unique angle," Cavanaugh said. "I think it's the path that more people are going to be telling their athletes that they have to take."

Pedroia typifies that largesse, according to 
Cavanaugh: "He's one of the best examples of someone who lets actions speak louder than words."

But New Balance entered the game at an inopportune time — at least fashion-wise — as the trend of players wearing long baggy pants on the field came into vogue. "We get on guys when you can't see (our cleats) and give them a warning," Cavanaugh said. "We say, 'Dude, you've got to pull the pants up.' "

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Breast milk pump born from desire for privacy

Necessity is the mother of invention, they say. So when Susan Thompson found she needed time to pump breast milk when she returned to work five months after her son Keegan was born, she just reinvented the breast pump.

Thompson headed back to the lab at Johns Hopkins University in late 2011 to finish her Ph.D. thesis on cellular interactions in the heart. But she struggled to incorporate pumping milk several times a day into her work schedule.

"You need complete privacy, and it takes a long time, so I was very unhappy with the whole process," Thompson said.

She and her husband, an engineer, were on their way to a ski resort when they began discussing ways to mimic using her hand to pump milk. The best way, they decided, was to consider the way a blood-pressure cuff compresses when inflated. What emerged was the Gala Pump, a doughnut-sized device that can be worn inside the bra, allowing a woman to discreetly pump milk anytime, anywhere.

"We wanted to keep the technology as easy and cost-efficient as possible," Thompson said. "Instead of a vacuum-powered suction pump, we created a massaging-based compression pump."

Using $20,000 from competitions and grants, the couple developed a prototype and entered MassChallenge, the $1.3-million startup competition. In May, they learned their newly incorporated company, DS Labs, was among 128 finalists in a field of more than 1,200 applicants.

"It was challenging to leave Johns Hopkins and all the resources there," Thompson said. "But MassChallenge has helped connect me with mentors who have a wealth of knowledge."

Recently, Thompson received permission to test the patent-pending Gala on other nursing mothers. If all goes well, she hopes to get Food and Drug Administration clearance to sell it on the market for about $250 as the nation's only wearable breast pump.

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Options favor driver near end of leased low-mileage car

I leased a new Scion xD for 36 months, and the lease ends in November. The value of the vehicle at the beginning of the lease was listed as $16,700. The purchase option at the end of the lease is $10,296. My problem is that I currently have just 10,840 miles on the car and don't see any big trips in the future. Is there such a thing as a rebate on unused mileage? What are my options?

How about a round-trip vacation? Alaska to California to Florida to Maine and home. A nice long drive would use up some of those miles, but you'd still have miles to spare on the lease.

I'm not aware of any mileage rebates on unused lease miles for passenger cars, but you do have several viable options. My son Ryan, who sells cars for a Chrysler dealership, suggests that you call the leasing company to confirm the precise purchase option price. Then stop by a new-car dealership and ask them to appraise the vehicle to determine how much equity you have at this point. If you have positive equity in the vehicle — meaning it's worth more than the lease purchase price because of the low mileage — you could either sell or trade it to a new car dealer.

So, your options are to turn the vehicle in at the end of the lease, purchase the vehicle from the leasing company and keep it or sell it to a private party, or sell or trade the vehicle at a dealership. Compare your options and then make your decision. Buying and keeping the car would be the simplest answer, but the selling or trading at a dealership might make the most economic sense.

My boyfriend needs help with electrical issues on his 2006 Cadillac CTS.

When he turned on the wipers he lost the turn signals, hazards, headlight control and trunk release. Sometimes there is a "hood open" warning as well as a "door open" warning — but they are not open.

Electrical gremlins can be very difficult to pinpoint. In this case, start with a scan tool to identify any fault codes and then focus on the connections and grounds for those components, systems and modules involved. "Fretting" is a form of corrosion that appears like dark smudges or spots on the individual pins, and it can cause intermittent connections in connectors and terminals. Disassemble suspect connectors to clean and treat with dielectric grease to reseal the connection.

I have a 1991 Pontiac Sunbird LE with a 3.1-liter V6 engine and 62,000 miles in excellent condition. However, when I'm driving, the oil pressure gauge registers way above the high mark, which is shown as 80. When it's idling, it's about halfway back down. It uses no oil and appears to run well. Should I be concerned about the erroneous oil pressure reading? What's causing it?

Assuming you've driven the vehicle in this condition for a number of miles and nothing catastrophic has occurred, I suspect you're seeing an electrical issue with the oil pressure sending unit or possibly the oil pressure gauge itself. A quick test with the engine off is to find and disconnect the connector to the oil pressure sending unit on the front side of the engine. Turn the ignition switch on and watch the oil pressure gauge. It should move all the way in one direction.

Then ground the connection — the gauge should move all the way in the other direction. If the oil pressure gauge is the only instrument giving a false reading, chances are it's the sending unit.

The only mechanical issue that could generate extreme oil pressure would be a restriction on oil flow due to plugged oil passages for the cam bearings or valve gear. If it were a mechanical issue, I'd think you'd know by now.

Paul Brand is on vacation; this column was originally published on June 15, 2012. Paul Brand is an automotive troubleshooter, driving instructor and former race-car driver. Readers may write to him at Star Tribune, 425 Portland Ave. S., Minneapolis, Minn., 55488 or via email at paulbrand@startribune.com.

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For home short-sellers, finally comes some good news

WASHINGTON — Policy changes by two of the biggest mortgage market players could open doors to home buys this fall by thousands hard-hit by the housing bust and who thought they'd have to wait for years before owning again.

Fannie Mae, the federally controlled mortgage investor, has come up with a "fix" designed to help the many consumers whose short sales were misidentified as foreclosures by credit bureaus. Under previous rules, short-sellers would have to wait for up to seven years before becoming eligible for a new mortgage. Under the revised plan, they may be able to qualify for a mortgage in as little as two years. 
Homeowners who are foreclosed upon often must still wait for up to seven years before becoming eligible again to finance a house through Fannie. Industry estimates suggest that more than 2 million short-sellers might be affected by inaccurate descriptions of their transactions.

Meanwhile, the Federal Housing Administration (FHA) has announced a new program allowing borrowers whose previous mortgage troubles were caused by "extenuating circumstances" beyond their control to obtain new mortgages in as little as a year after losing their homes instead of the current three years. They will need to show that their delinquency problem was caused by a 
20 percent or greater drop in income that continued for at least six months, and that they are now back to work, paying bills on time and earning enough to qualify for a new FHA-insured mortgage.

Fannie's policy change came after months of prodding by the federal Consumer Financial Protection Bureau, U.S. Sen. Bill Nelson (D-Fla), the National Consumer Reporting Association, the National Association of Realtors and Pam Marron, an outspoken Florida consumer advocate. They all sought fairer treatment of borrowers who had participated in short sales in recent years.

In a short sale, the lender approves the sale of a house to a new buyer but typically receives less than the balance owed. In a foreclosure, the bank takes title to the property and seeks to recover whatever it can through a resale. Though the two types of transactions are distinct and involve significantly different losses for banks, with foreclosures usually far more costly, credit bureaus have no special reporting code to ID short sales. As a result, say critics, millions of people who have undertaken short sales in recent years may have their transactions coded as foreclosures on their credit bureau reports.

That matters — a lot — because Fannie Mae and other major financing sources have mandated different waiting periods for new loans to borrowers who have completed short sales compared with borrowers who were foreclosed upon — in this case, two years versus seven. Under the new policy in effect Nov. 16, short-sellers who find that their transactions were miscoded on credit reports and are able to put 
20 percent down, should alert their loan officers and provide transaction documentation. The loan officer should advise Fannie about the coding error. Fannie will then run the loan application through its revised automated underwriting system.

Freddie Mac, the other government-administered mortgage investor, continues to require a four-year waiting period for short-sellers who cannot demonstrate "extenuating circumstances" as having caused their problems. If they can do so — documenting income reductions beyond their control that wrecked their credit — they may be able to qualify for a new Freddie Mac loan in two years.

FHA's policy change may prove to be an even more generous deal for some previous homeowners. Like Freddie Mac, FHA wants to see hard evidence of what economic events beyond the borrowers' control — loss of a job, serious illness or death of a wage earner, for example — led to the delinquency or loss of the house. Applicants must be able to show 12 months of solid credit behavior, participate in a housing counseling program and get through the agency's underwriting hoops. But unlike either Fannie or Freddie, if you qualify under FHA's revised rules, which are now in effect, and your lender approves, you might be able to buy a house with a new, low-down-payment mortgage in as little as a year.

It's worth checking out.

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Report: NSA can access most smartphone data

BERLIN — The U.S. National Security Agency is able to crack protective measures on iPhones, BlackBerry and Android devices, giving it access to users' data on all major smartphones, according to a report Sunday in German news weekly Der Spiegel.

The magazine cited internal documents from the NSA and its British counterpart GCHQ in which the agencies describe setting up dedicated teams for each type of phone as part of their effort to gather intelligence on potential threats such as terrorists.

The data obtained this way includes contacts, call lists, SMS traffic, notes and location information, Der Spiegel reported. The documents don't indicate that the NSA is conducting mass surveillance of phone users but rather that these techniques are used to eavesdrop on specific individuals, the magazine said.

The article doesn't explain how the magazine obtained the documents, which are described as "secret." But one of its authors is Laura Poitras, an American filmmaker with close contacts to NSA leaker Edward Snowden who has published several articles about the NSA in Der Spiegel in recent weeks.

The documents outline how, starting in May 2009, intelligence agents were unable to access some information on BlackBerry phones for about a year after the Canadian manufacturer began using a new method to compress the data. After GCHQ cracked that problem, too, analysts celebrated their achievement with the word "Champagne," Der Spiegel reported.

The magazine printed several slides alleged to have come from an NSA presentation referencing the film "1984," based on George Orwell's book set in a totalitarian surveillance state. The slides — which show stills from the film, former Apple Inc. chairman Steve Jobs holding an iPhone, and iPhone buyers celebrating their purchase — are captioned: "Who knew in 1984...that this would be big brother...and the zombies would be paying customers?"

Snowden's revelations have sparked a heated debate in Germany about the country's cooperation with the United States in intelligence matters.

On Saturday, thousands of people in Berlin protested the NSA's alleged mass surveillance of Internet users. Many held placards with slogans such as "Stop watching us."

Separately, an incident in which a German police helicopter was used to photograph the roof of the American consulate in Frankfurt has caused a minor diplomatic incident between the two countries.

German magazine Focus reported Sunday that U.S. Ambassador John B. Emerson complained about the overflight, which German media reported was ordered by top officials after reports that the consulate housed a secret espionage site.

A U.S. embassy spokesman downplayed the story, saying "the helicopter incident was, naturally enough, the subject of embassy conversation with the Foreign Ministry, but no demarche or letter of complaint about the incident was sent to the German government."

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Frank Jordans can be reached at http://www.twitter.com/wirereporter

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New wind turbines going up soon at Cape base

BOURNE, Mass. — Two new wind turbines are set to go up at Joint Base Cape Cod sometime in the next two weeks.

The Cape Cod Times reports that the turbines will join three other turbines already generating electricity at the military base.

An official at the base said the turbines are expected to provide about half the electricity for the PAVE PAWS radar station at an annual savings of $600,000.

The turbines, whose towers will stand 400 feet tall, haven't generated the same kind of controversy as other turbines, such as those in nearby Falmouth. The turbines aren't near any neighborhoods, so the noise or shadow flicker from the blades has no impact on residents outside of base boundaries.

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Information from: Cape Cod (Mass.) Times, http://www.capecodonline.com

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