Chavez swearing-in can be delayed: Venezuelan VP

CARACAS (Reuters) - President Hugo Chavez's formal swearing-in for a new six-year term scheduled for January 10 can be postponed if he is unable to attend due to his battle to recover from cancer surgery, Venezuela's vice president said on Friday.

Nicolas Maduro's comments were the clearest indication yet that the Venezuelan government is preparing to delay the swearing-in while avoiding naming a replacement for Chavez or calling a new election in the South American OPEC nation.

In power since 1999, the 58-year-old socialist leader has not been seen in public for more than three weeks. Allies say he is in delicate condition after a fourth operation in two years for an undisclosed form of cancer in his pelvic area.

The political opposition argues that Chavez's presence on January 10 in Cuba - where there are rumors he may be dying - is tantamount to the president's stepping down.

But Maduro, waving a copy of the constitution during an interview with state TV, said there was no problem if Chavez was sworn in at a later date by the nation's top court.

"The interpretation being given is that the 2013-2019 constitutional period starts on January 10. In the case of President Chavez, he is a re-elected president and continues in his functions," he said.

"The formality of his swearing-in can be resolved in the Supreme Court at the time the court deems appropriate in coordination with the head of state."

In the increasing "Kremlinology"-style analysis of Venezuela's extraordinary political situation, that could be interpreted in different ways: that Maduro and other allies trust Chavez will recover eventually, or that they are buying time to cement succession plans before going into an election.

Despite his serious medical condition, there was no reason to declare Chavez's "complete absence" from office, Maduro said. Such a declaration would trigger a new vote within 30 days, according to Venezuela's charter.

RECOVERY POSSIBLE?

Chavez was conscious and fighting to recover, said Maduro, who traveled to Havana to see his boss this week.

"We will have the Commander well again," he said.

Maduro, 50, whom Chavez named as his preferred successor should he be forced to leave office, said Venezuela's opposition had no right to go against the will of the people as expressed in the October 7 vote to re-elect the president.

"The president right now is president ... Don't mess with the people. Respect democracy."

Despite insisting Chavez remains president and there is hope for recovery, the government has acknowledged the gravity of his condition, saying he is having trouble breathing due to a "severe" respiratory infection.

Social networks are abuzz with rumors he is on life support or facing uncontrollable metastasis of his cancer.

Chavez's abrupt exit from the political scene would be a huge shock for Venezuela. His oil-financed socialism has made him a hero to the poor, while critics call him a dictator seeking to impose Cuban-style communism on Venezuelans.

Should Chavez leave office, a new election is likely to pitch former bus driver and union activist Maduro against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.

Capriles lost to Chavez in the October presidential election, but won an impressive 44 percent of the vote. Though past polls have shown him to be more popular than all of Chavez's allies, the equation is now different given Maduro has received the president's personal blessing - a factor likely to fire up Chavez's fanatical supporters.

His condition is being watched closely by Latin American allies that have benefited from his help, as well as investors attracted by Venezuela's lucrative and widely traded debt.

"The odds are growing that the country will soon undergo a possibly tumultuous transition," the U.S.-based think tank Stratfor said this week.

(Additional reporting by Marianna Parraga; editing by Christopher Wilson)

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Cricketer Herath alive and bowling despite death rumors

SYDNEY (Reuters) – As Mark Twain might have said, rumors of the death of Sri Lankan spinner Rangana Herath which spread like wildfire across social media late on Friday proved to be greatly exaggerated.

Far from lying in a Sydney morgue alongside former test bowler Chaminda Vaas after perishing in a car crash as the reports had suggested, Herath was very much alive when he pitched up for work at the Sydney Cricket Ground on Saturday.

The most prolific wicket-taker in test cricket last year, the 34-year-old leg spinner claimed two Australian wickets to seal a haul of four for 95 and then contributed nine runs with the bat.

Team mate Dimuth Karunaratne told reporters at the conclusion of the day’s play that the team had been dumbfounded by the rumors.

“I heard about it when we having breakfast but I had no idea where that came from,” he said with a laugh.

“Guys from Sri Lanka were calling us asking ‘when is the funeral?’ and stuff like that.

“Rangana is alive,” he added, somewhat unnecessarily.

Herath’s efforts were not enough to prevent Australia taking an iron grip on the third test match on Saturday and move to the brink of a 3-0 series sweep.

That could all change, however, if he and Dinesh Chandimal, who finished the third day unbeaten on 22, are able to dig in on Sunday, inflate their lead beyond the current 87 and give Sri Lanka a decent target to bowl at.

The Sydney track has traditionally offered a lot of turn for spinners in the last couple of days of a test and, as Herath’s 60 wickets last year showed, there are few better spinners operating in test cricket at the moment.

“The wicket is turning a lot now and the Aussie guys are playing the fourth innings, so I think Rangana… can do something,” said Karunaratne.

Vaas has no position with the test team and remains, also unharmed, in Sri Lanka, Sri Lankan reporters said.

(Editing by John O’Brien)

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Courteney Cox: I'll 'Show My Boobs' on the New Season of Cougar Town

TV Watch

01/04/2013 at 08:00 PM EST

Courteney Cox is taking the term "boob tube" literally.

The Cougar Town star, 48, whose show moves from ABC to TBS on Jan. 8, eagerly anticipates more um, revealing scenes once the program makes its way to the cable network.

"You will not see one scene that I don't show my boobs," Cox joked to reporters Friday at the Television Critics Association winter tour, according to Access Hollywood.

"You know what? I'm getting older, so I've decided at this point I'm taking less focus [on] the face, and focusing here," she added, pointing to her chest. "By the time I'm much older, I will just be absolutely nude. I think it's [going to] work for me, I hope."

The show's executive producer, Bill Lawrence, backed up Cox's comments. "There is one difference [with the show going to cable]," he said Friday. "I think I'm allowed to say … Courteney did declare this the year of her cleavage."

Still, the star isn't exactly baring it all. Although there is an episode themed "naked day" for Cox's character Jules and her on-camera hubby Grayson (Josh Hopkins), there will be no actual nudity on the show.

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.

Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.

That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.

Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.

In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.

"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.

Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.

U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.

Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.

"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.

Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.

REVENUE WORRIES

One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.

S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.

On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.

For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.

Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.

In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.

"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.

Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.

Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.

(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)

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Lebanon asks for $180 million to aid Syrian refugees

BEIRUT (Reuters) - Lebanon, now a haven for 170,000 Syrians fleeing civil war, has asked foreign donors for $180 million to help care for them and said it will register and recognize refugees after a year-long hiatus.

The Beirut government has officially sought to "dissociate" itself from the 21-month-old struggle in Syria, nervous about the destabilizing impact of the increasingly sectarian conflict in its bigger neighbor on its own delicate communal balance.

But there has been pressure from humanitarian agencies and the public to do more to help Syrian refugees in Lebanon.

The cabinet, which approved the measures after a six-hour session on Thursday night, rejected a proposal by Energy Minister Gebran Bassil, a Christian, to close the border to stop the influx into Lebanon, where mainly Sunni Muslim Syrian refugees now account for almost 5 percent of the population.

Bassil belongs to the Free Patriotic Movement, part of a political alliance with Shi'ite Muslim militant group Hezbollah, which supports Syrian President Bashar al-Assad.

However, Hezbollah leader Hassan Nasrallah said in a speech on Thursday that the border should stay open for refugees.

Social Affairs Minister Wael Abu Faour told reporters after the cabinet debate: "The Lebanese state will register the refugees...and guarantee aid and protection for the actual refugees in Lebanon."

Until now Syrian refugees have found shelter with local communities in Lebanon, rather than being housed in camps, as in the other two main host countries, Jordan and Turkey. Abu Faour did not say if camps would now be constructed.

"FIRST CONCRETE PLAN"

Lebanon's ambivalent attitude to the new arrivals is partly a legacy of its own 15-year civil war, a conflict fuelled by sectarian tensions which linger on, especially over the presence of 400,000 Sunni Palestinian refugees in the country.

Ninette Kelley, representative of the U.N. refugee agency (UNHCR) in Lebanon, said the government's action was "the first concrete plan" it had presented to the international community.

She said Lebanon had previously given formal recognition to Syrian refugees who entered via official border points, but not to those who had crossed illegally, either because they feared authorities or to escape violence near their homes.

This group accounts for around 30 percent of all Syrian refugees in Lebanon and the government's decision should allow them to register for legal refugee status, Kelley said.

"Initially the government jointly registered Syrian refugees with UNHCR through its High Relief Commission. It stopped in 2011 as the numbers became larger due to insufficient capacity," she said, adding that joint registration would now resume.

The United Nations says more than 560,000 Syrians have fled abroad. In Lebanon, many not hosted by friends or relations live in shacks of wood and plastic sheeting. In the southern city of Tyre, they brave the winter cold and wash in the sea.

Lebanese politics is marred by sectarian divisions that have been inflamed by the mainly Sunni revolt against Assad, whose minority Alawite sect is derived from Shi'ite Islam.

Syria-related violence has flared periodically in the northern port of Tripoli, which has a Sunni majority and an Alawite minority, as well as in Beirut and Sidon in the south.

Assad's Lebanese opponents blame Syria, which stationed troops in Lebanon from 1976 to 2005, for the unresolved killing of Lebanese security official Wissam al-Hassan in October.

Hassan had been leading an investigation that implicated Damascus and Hezbollah in the 2005 assassination of former Lebanese prime minister Rafik al-Hariri, a Sunni.

(Reporting by Issam Abdallah, Oliver Holmes and Ayat Basma; Editing by Alistair Lyon)

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Huawei launches the Ascend P1 in the U.S. for $450 through Amazon

Despite its attempts to attract new customers with high-end phones, Huawei (002502) remains relatively unknown to U.S. consumers. The company is looking to change that and on Thursday announced the availability of the Ascend P1 smartphone. The Android-powered device is equipped with a 4.3-inch Super AMOLED display, a 1.5GHz dual-core processor, 1GB of RAM and an 8-megapixel rear camera. The handset is also one of the thinnest smartphones on the market, measuring in at 7.6 millimeters. BGR reviewed the Ascend P1 earlier this year and found it to be a decent smartphone. Huawei is offering the device carrier-unlocked through Amazon (AMZN) for $ 449.99. Read more for Huawei’s press release.

[More from BGR: Samsung confirms plan to begin inching away from Android]

Huawei’s Ascend P1 Launches in U.S.

[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]

Super thin Huawei Ascend P1 comes with 1.5 GHz dual-core processor and Android 4.0 ICS OS

PLANO, Texas, Jan. 3, 2013 /PRNewswire/ — Huawei, a leading global information and communications technology (ICT) solutions provider, today announced an unlocked version of the Huawei Ascend P1 is available to U.S. consumers through Amazon.com. The Huawei Ascend P1 comes equipped with 1.5 GHz dual-core processor and is one of the fastest models in class, capable of handling 3D games effectively.

“The Ascend P1 is perfect for consumers looking to get the most out of their device,” said Michael Chuang, Executive Vice President of Huawei Device USA. “Whether it’s for playing games, streaming music and videos, or sharing multimedia in the home or workplace, the Ascend P1 offers unparalleled performance and a truly unique mobile experience.”

The Ascend P1 offers users a movie theatre-quality cinematic experience with its super AMOLED, 4.3 inch screen and 5.1 Dolby Surround Sound System. In addition, at only 7.69 mm thick, the Huawei Ascend P1 is one of the thinnest smartphones on the market. The 64.8 mm frame allows the Ascend P1 to sit comfortably in the user’s palm, giving them the ability to navigate all the phone’s features with a single hand.

The Huawei Ascend P1 is available online at Amazon.com for $ 449.99.

This article was originally published by BGR

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Gabby Giffords to Meet Privately with Sandy Hook Families

By Andrea Billups

01/04/2013 at 08:00 AM EST

Gabrielle Giffords, the former member of Congress from Arizona who was gunned down at a Tucson shopping center two years ago – and then courageously fought to recover from her injuries – will meet privately Friday with the families of the Sandy Hook school in Newtown, Conn.

The event will be held at a private home and is not open to the public.

Giffords, 42, sharing a Facebook post from her husband, former astronaut Mark Kelly, after the Dec. 14 school shootings, said that the time was now to begin a national dialogue on strengthening gun control. This week, she and Kelly met with New York City Mayor Michael Bloomberg, a staunch gun-control proponent, on the issue.

"As we mourn, we must sound a call for our leaders to stand up and do what is right," Kelly said.

"This time our response must consist of more than regret, sorrow, and condolence The children of Sandy Hook Elementary School and all victims of gun violence deserve leaders who have the courage to participate in a meaningful discussion about our gun laws – and how they can be reformed and better enforced to prevent gun violence and death in America. This can no longer wait."

Giffords left Congress in 2012 to focus on her recovery from a gunshot wound to the head. Jared Loughner, who killed six people during a shooting spree and wounded 15 others, was sentenced to life in prison last November.

Children from Sandy Hook Elementary School on their school bus, Jan. 3, 2013

Shannon Stapleton / Reuters / Landov

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Indian court to rule on generic drug industry

NEW DELHI (AP) — From Africa's crowded AIDS clinics to the malarial jungles of Southeast Asia, the lives of millions of ill people in the developing world are hanging in the balance ahead of a legal ruling that will determine whether India's drug companies can continue to provide cheap versions of many life-saving medicines.

The case — involving Swiss drug maker Novartis AG's cancer drug Glivec — pits aid groups that argue India plays a vital role as the pharmacy to the poor against drug companies that insist they need strong patents to make drug development profitable. A ruling by India's Supreme Court is expected in early 2013.

"The implications of this case reach far beyond India, and far beyond this particular cancer drug," said Leena Menghaney, from the aid group Doctors Without Borders. "Across the world, there is a heavy dependence on India to supply affordable versions of expensive patented medicines."

With no costs for developing new drugs or conducting expensive trials, India's $26 billion generics industry is able to sell medicine for as little as one-tenth the price of the companies that developed them, making India the second-largest source of medicines distributed by UNICEF in its global programs.

Indian pharmaceutical companies such as Cipla, Cadila Laboratories and Lupin have emerged over the past decade as major sources of generic cancer, malaria, tuberculosis and AIDS drugs for poor countries that can't afford to pay Western prices.

The 6-year-old case that just wrapped up in the Supreme Court revolves around a legal provision in India's 2005 patent law that is aimed at preventing companies from getting fresh patents for making only minor changes to existing medicines — a practice known as "evergreening."

Novartis' argued that a new version of Glivec — marketed in the U.S. as Gleevec — was a significant change from the earlier version because it was more easily absorbed by the body.

India's Patent Controller turned down the application, saying the change was an obvious development, and the new medicine was not sufficiently distinct from the earlier version to warrant a patent extension.

Patient advocacy groups hailed the decision as a blow to "evergreening."

But Western companies argued that India's generic manufacturers were cutting the incentive for major drug makers to invest in research and innovation if they were not going to be able to reap the exclusive profits that patents bring.

"This case is about safeguarding incentives for better medicines so that patients' needs will be met in the future," says Eric Althoff, a Novartis spokesman.

International drug companies have accused India of disregarding intellectual property rights, and have pushed for stronger patent protection that would weaken India's generics industry.

Earlier this year, an Indian manufacturer was allowed to produce a far cheaper version of the kidney and liver cancer treatment sorefinib, manufactured by Bayer Corp.

Bayer was selling the drug for about $5,600 a month. Natco, the Indian company, said its generic version would cost $175 a month, less than 1/30th as much. Natco was ordered to pay 6 percent in royalties to Bayer.

Novartis says the outcome of the new case will not affect the availability of generic versions of Glivec because it is covered by a grandfather clause in India's patent law. Only the more easily absorbed drug would be affected, Althoff said, adding that its own generic business, Sandoz, produces cheap versions of its drugs for millions across the globe.

Public health activists say the question goes beyond Glivec to whether drug companies should get special protection for minor tweaks to medicines that others could easily have uncovered.

"We're looking to the Supreme Court to tell Novartis it won't open the floodgates and allow abusive patenting practices," said Eldred Tellis, of the Sankalp Rehabilitation Centre, a private group working with HIV patients.

The court's decision is expected to be a landmark that will influence future drug accessibility and price across the developing world.

"We're already paying very high prices for some of the new drugs that are patented in India," said Petros Isaakidis, an epidemiologist with Doctors Without Borders. "If Novartis' wins, even older medicines could be subject to patenting again, and it will become much more difficult for us in future to provide medicines to our patients being treated for HIV, hepatitis and drug resistant TB."

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Stock futures add gains after jobs report

Breakups can be painful. But on the bright side, they can lead to some creative revenge schemes. To wit: A spurned New Zealand woman sold the secret locations to her ex-boyfriend's favorite fishing spots, netting $3,000, which she then spent on herself. The drama went down in January of 2012 but is just now getting [...]

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