Current Events in February 2007

Visiting multiple islands in the Hawaiian chain is about to become much easier. A high-speed ferry will start daily trips July 1 and will be joined by a sister ship in 2009.

That means travelers won't have to put up with agonizing waits at airports or the need to book car rentals on each island visited.

One will suffice, since the new ferry will carry cars too.

A $90 million catamaran, similar to a craft that started service out of Mobile, Ala. last month, can carry 866 passengers plus a variable number of vehicles (depending on car and truck size).

According to the operating Hawaii Superferry, the vessel will have an average speed of 40 miles per hour and estimated crossing time of three hours on both its routes: Honolulu to Kauai and Honolulu to Maui. Although flight time is only 35 minutes, cars can't accompany passengers.

Ferry fares will be competitive with air fares but will vary by vehicle, as well as purchase time. A passenger who books early and travels without a car, for example, will pay only $42 each way but adding a vehicle could cost $55 (car), $65 (SUV), or $90-$100 (pickup, van, or truck).

Airfares for the same routes range from $39-$89 per person.

Funding for the ferry service came from both national and state sources. The company used $200 in federal maritime loan guarantees ro build its ships and was the beneficiary of a $40 million pledge from the State of Hawaii to make improvements in harbor facilities that would accommodate the 349-foot ferries.

As with any new venture, however, not everyone is wild about the idea.

Although Hawaii has not had viable ferry service in more than 25 years, opponents cite environmental concerns among a myriad of potential problems.

Several different groups are worried that ferry service will disturb migrating humpback whales, facilitate the spread of the "singing" coqui tree frog, or elevate pollution of the water (oil spills) and air (idling cars checking in at ferry slips).

Backed by Maui Tomorrow and the Kahului Harbor Coalition, the government of Maui County is making more waves now than the choppy waters between the Hawaiian islands may make for ferry passengers later. It has sued the state in the hope of forcing the ferry company to finance an environmental impact study -- something both the firm and the state say is not required.

John Garibaldi, chief executive officer of Hawaii Superferry, said his company has its own environmental controls, including route changes during whale mating season and thorough inspection of vehicles before they are allowed on board his ferries.

In an effort to keep the July 1 start date alive, the state is trying to settle the Maui suit.

When gasoline prices surged in the wake of Hurricane Katrina, many angry consumers believed Big Oil was engaging in price gouging. But as the costs of a college education have skyrocketed, few have accused Big Education of doing a little gouging of its own.

But are colleges overcharging students and parents? And if not, then why is a college education today so expensive that many can't afford it and others can do so only by racking up substantial debt?

Ronald Ehrenberg, Professor of Economics at Cornell University and author of "Tuition Rising: Why College Costs So Much" says there are rational economic reasons for tuition's constant creep upwards.

While businesses are structured to keep costs as low as possible, Ehrenberg maintains that colleges today operate on a starkly different model. They actually have an incentive to spend money.

"In private higher education, the quest is to be as good as you can," Ehrenberg told ConsumerAffairs.com. "Tuition increases in private higher education reflect increased expenditures per student, in real terms."

Public colleges and universities are raising their tuition as well, he says, because of reduced support from state governments. But there's also the supply and demand factor.

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The Spending Race

In his book, Ehrenberg concedes that as long as there are plenty of qualified applicants, no institution is going to end the spending race. And when tuition rises at one institution, others are more likely to raise prices as well.

"When you have the elite schools pushing tuition six, seven and eight percent higher, the next-level schools can follow," said Joel Naroff, chief economist at Naroff Economic Advisors, a private forecasting firm.

Naroff, who taught economics at the University of Massachusetts and Northeastern University, says that for elite colleges, raising their tuition doesn't necessarily discourage applicants; in fact, it can increase an institution's perceived desirability.

"There is very little pressure of any kind to keep costs down at private schools," Naroff said. "For most of the private schools, especially the better and elite schools, the more expensive it is, the more elite it is, and the more having a degree from that school is a perceived value."

These days, all universities -- public and private -- are directing some of that spending to a bidding war for faculty members with reputations. As a result, salaries and perks for college professors have risen dramatically.

The bidding war also extends to students, with colleges erecting plush dorms, state-of-the-art health clubs, gourmet restaurants and other amenities, all designed to lure the brightest and most talented students, who desire creature comforts as well as a challenging education.

State universities that once had an open enrollment policy -- admitting any high school graduate in the state -- now screen entry using standardized tests, grade-point averages, and other factors to limit enrollment to a more elite group. However, they are finding they must compete harder to get those students.

Competition Raises Costs

As a result, colleges spend more money making their institutions attractive, and charge more to attend them. Normally, competition drives prices down but apparently not in academe.

Naroff makes an analogy to professional sports.

Forty years ago, players in the National Football League were poorly paid. They played in baseball stadiums and it cost very little for fans to attend games. Now, teams pay their players millions of dollars and the average fan might spend $200 for an outing at the team's multi-million dollar stadium.

"Basically, if you can pass on your costs, you don't care what your costs are," Naroff said.

Today, tuition at state universities is around $12,000 a year and $25,000 and up at private schools, but it may surprise some to learn that rapidly rising college tuition is not a new phenomenon. In fact, figures compiled by the College Board show that college tuition has risen at about twice the general inflation rate since 1958, when statistics first began to be tracked.

The rate of increase has been sharply higher in some years than others. For example, in 1964, when the first Baby Boomers headed off to college, tuition inflation rose 4.61 percent, which was more than four times faster than the overall inflation rate. Between the years 1980 and 1982, when raging inflation in the economy increased a total of 30 percent, tuition costs surged by 40.3 percent, and have been steadily rising ever since.

Increases in tuition since 1992 have been steady, but comparatively tame, never rising above six percent, as the overall inflation rate has hovered around 2.5 to 3.0 percent.

But all those yearly increases have taken a toll.

In 43 of the last 49 years, college tuition inflation has exceeded the nation's inflation rate, with the cumulative increase pushing the costs beyond many students' ability to pay.

Financial Aid to the Rescue?

As the cost of attending college has risen, so has the availability of student financial aid. Students and parents who can't afford the yearly cost of tuition, room and board, and books can apply for scholarships, grants and loans to make up the difference.

By the College Board's accounting, there was $105 billion in financial aid flowing into higher education in the 2002-2003 school year. Has all that money inadvertently fed tuition inflation?

"There is very little evidence that this has occurred," Ehrenberg said.

But others disagree. David L. Warren, president of the National Association of Independent Colleges and Universities, calls financial aid the driving force behind rising fees, claiming it is responsible for nearly one-third of all tuition increases.

Where does the financial aid come from? There are a variety of sources, but at many schools, scholarship and grant money comes directly from the schools themselves, paid for through endowments and, to a large degree, by the ever-rising tuition paid by other students.

And how is that aid distributed? Highly prized and recruited students are most likely to receive the scholarships and grants. Everyone else must take out student loans.

A 2003-2004 study by the National Center for Education Statistics found that more than 65 percent of students borrow at least some money to pay for education, with the average student graduating with more than $17,000 of debt. Many graduate with an even heavier debt load.

Rudy Arndt, a retired high school guidance counselor in the Toms River, New Jersey School District, witnessed the rising costs of college over the span of his career.

He said he first began to see high school seniors looking for college loans in the mid 1970s. By the time he retired in 1992, he saw students taking on dangerous amounts of debt to pay for their schooling.

"We've got to warn students not to get so overloaded with debt that it will affect their ability to live once they graduate," he said.

Ehrenberg shares that concern, and thinks it might unduly influence a student's choice of career.

"I am very much concerned and worry especially that it may preclude students from entering socially important but low-paying occupations," Ehrenberg said.

"Just as law schools have loan forgiveness programs to encourage law students to go into public interest law, states should consider loan forgiveness programs for public higher education graduates who enter socially important occupations," he suggested.

Buyer's Remorse

While many students graduating with $100,000 or more of debt often express "buyers' remorse," it's clear not all do.

"Craig," a 2005 graduate of an elite northeastern university who works in Washington, DC, pays $700 a month on his student loans, but has no regrets.

"I received an excellent education for a reasonable price," he told ConsumerAffairs.com.

He suggests high school seniors begin discussions with guidance counselors early about their financial needs, and focus on schools that offer what they want but that are also willing to offer the students financial incentives to attend.

"With good colleges it's a two-way street. Not only do you want to go there, but if you have the grades, potential, desire and experiences, they want you and will make monetary sacrifices to enroll you," he said.

Congress Gets Involved

The level of student debt has become such a sensitive issue that Congress has taken action to cut the rates on federally-guaranteed student loans. In New York, Attorney General Andrew Cuomo recently launched an investigation into charges some colleges have steered students to certain lenders in return for favors.

"My office is seeking to ensure that students are being steered toward lenders offering the most competitive rates, not those who offer the best perks to schools or financial aid administrators," said Cuomo.

Cuomo is looking into allegations that some lenders have offered trips and gifts to higher education officials with whom they do business. Cuomo says when people across the country are struggling to keep up with the cost of tuition, that behavior can't be tolerated.

Meanwhile, the news about college tuition is not all bad. Since 1996 a number of private schools have actually cut tuition -- some by steep amounts.

According to the National Association of Independent Colleges and Universities, Lourdes College in Sylvania, Ohio cut tuition 41 percent; North Park University in Chicago cut tuition 32 percent. For a complete list, see www.naicu.edu/news/TuitionCuts.htm.

More cuts may be coming.

"Private colleges and universities are launching -- and expanding -- initiatives to control operating costs and enhance efficiency," the association says. "These include outsourcing services, targeting cost reductions, streamlining staff while safeguarding quality, entering into collaborative cost-cutting arrangements with other institutions, and implementing new environmentally friendly systems that reduce energy consumption."

States are also investing greater amounts in their community college systems, which by and large maintain open enrollment policies and cost considerably less than four year schools. In many states, a student earning a two year associates degree at a community college may transfer as a junior to most public universities to receive their bachelor's degree.

"I think the community college system has been under-funded and under-valued," Naroff said. "It has helped millions of people earn a college degree and I think it should play an even greater role in education."

Another alternative emerging in recent years is the for-profit college -- institutions like the University of Phoenix and DeVry University.

Typically, their tuition is more -- often much more -- than community colleges but comparable to public universities and less than most private colleges. They don't need plush campuses because most of their students spend their non-school hours at a job.

Derided by many in traditional academia and often the source of bitter complaints by students, these colleges nonetheless have appealed to low-income, minority, and working students and adults in ways traditional colleges haven't, by offering courses in the evening and on weekends and pioneering the use of online and distance learning.

More importantly, while traditional colleges struggle financially, despite ever-rising tuition, for-profit schools do indeed turn a profit.

David Kird, professor of public policy at the University of California at Berkeley, acknowledges for-profit schools have their limitations. But he stunned a 2005 conference on higher education when he praised work being done by DeVry, noting that it "graduates more African-American engineers than any other institution in the United States."

But criticism of the for-profit schools, particulary University of Phoenix is mounting. Former students and the school's own staff and faculty complain that the relentless quest for profits has hurt the quality of the education that students receive, the New York Times reported in a front-page story today. The school has only regional accredition.

Prospective college students and their families would do well to consider community colleges and less expensive state schools rather than mortgaging their future to attend a supposedly more prestigious institution.

While a for-profit school may be the answer in some cases, students should investigate thoroughly to be sure they know what they'll be getting for their money. Check the ConsumerAffairs.com complaints about the University of Phoenix and DeVry University before plunking down money or taking out a loan. Chances are, a community college would be cheaper and would offer a better education for most students.

Consumer complaints and heightened federal scrutiny are threatening to shut off the river of cash that has made the University of Phoenix the nation's largest private university and by far the biggest recipient of federal student aid funds -- $1.8 billion in 2004-2005.

With 300,000 students on campuses in 39 states, the heavily-promoted school was a darling of Wall Street for years. But its stock price has tumbled amid revelations about its low graduation rate -- 16 percent, among the nation's lowest -- and concerns that its largely parttime faculty is delivering less than a first-rate education.

"I attended University of Phoenix for five classes. I have found that they literally give A's away," said Karen of Sutter, California. Other students complained of mediocre instructors, technical problems accessing online courses and disputes over financial aid.

The University of Phoenix student body consists mostly of parttime students who hold down fulltime jobs and are hoping to advance their occupational fortunes with a bachelor's or graduate degree. It offers a heavy schedule of evening and weekend classes, as well as online courses that can be taken largely at the student's convenience. Its "campuses" are mostly located in office buildings near major employment centers, making it easy for students to swing by class on their way home from work.

But former students and the school's own staff and faculty complain that the relentless quest for profits has hurt the quality of the education that students receive, the New York Times reported in a front-page story today.

"This company does not deliver what it advertises, sets up policies that make it more difficult for working adults to resolve disputes, and seems only concerned with exploiting students to access the tax dollars for which they qualify as veterans," said Peter of Dillon, Colorado, in a complaint to ConsumerAffairs.com.

Peter, who edits a local publication, said he enrolled in a Master's Degree program at Phoenix and had intended to write an article about the school's convenience and consumer-friendly nature. But instead, "I got taken in by their false claim that they care about helping working adults," he said.

As doubts about the school grow, corporations that once funded their employees' education at Phoenix are starting to have second thoughts, among them Intel Corp., which the Times said has removed Phoenix from its list of schools eligible for tuition reimbursement.

An Intel manager told the Times that the company was concerned that Phoenix, while accredited by a regional accrediting association, has not achieved the more prestigious national accredition that is expected of major universities. The head of one such association told the Times that Phoenix had never applied and said the school's chances of approval would be low, partly because of the high turnover among its faculty.

About 95 percent of the school's instructors are parttime, compared to 47 percent among all universities, the Times said.

The school's new president, William Pepicello, defended the school and said its plummeting stock price and an exodus of top officials were signs that Phoenix was "reinventing" itself.

But a growing number of students past and present say there is simply not much of substance to work with.

Typical is a 2003 complaint from Heather of Kansas City, Kansas: "I enrolled thinking UOP would be a great fit for my lifestyle. After enrolling I started my first class. This was a waste of time. The 'teacher' was awful. ... I wanted my degree very badly so I decided to give the school one more chance. My second class was just as bad. The teacher was better, but the problem is I learned nothing. My book was never used and I still got an A."

Public Citizen's Dr. Sidney Wolfe called the Food and Drug Administration's action "the height of recklessness" and said "shows a profound lack of concern for the public's health."

"At a time when colon cancer is a leading cause of death and disease in the United States, the Food and Drug This marks the first time, to my knowledge, that the FDA has approved a drug for over-the-counter use despite knowing in advance that the drug causes either cancer or pre-cancerous lesions," Wolfe said.

"This decision raises very serious questions about the competence of former National Cancer Institute Director Dr. Andrew von Eschenbach in allowing the approval of a drug that may well increase the incidence of colon cancer in this country."

ConsumerAffairs.com's health advisor, Henry Fishman, M.D., also counseled caution.

"Alli can help you shed a few pounds, if you cut back on calories and exercise regularly. It is not a magic bullet by itself," Fishman said. "It can cause digestive problems and is not for everyone, especially if you have a chronic health problem. So, talk to your doctor before taking it."

Orlistat was initially approved in 1999 as a prescription drug to treat obesity, and remains a prescription drug for obesity at a higher dose than the OTC version.

OTC orlistat will be manufactured by GlaxoSmithKine under the name "Alli" and is for use in adults ages 18 years and older along with a reduced-calorie, low-fat diet, and exercise program.

Wolfe noted that the prescription version of the drug has long noted on its label that the cancer risk is not accompanied by any documented benefit, with the statement that: "The long-term effects of orlistat on morbidity or mortality associated with obesity have not been established."

In opposing the over-the-counter approval a year ago, Wolfe said that "the switch of orlistat to OTC status would be a serious, dangerous mistake in light of its marginal benefits, frequent co-existence of other diseases, common, bothersome [gastrointestinal] adverse reactions, significant inhibition of absorption of fat soluble vitamins [A, D, K and E], and problematic use in the millions of people using the blood thinner warfarin (Coumadin)" (the latter because of orlistat-induced Vitamin K deficiency).

The FDA was hardly effusive in its announcement.

"OTC orlistat, along with diet and exercise, may aid overweight adults who seek to lose excess weight to improve their health," said Dr. Douglas Throckmorton, Deputy Director for FDA's Center for Drug Evaluation and Research.

Orlistat decreases the intestinal absorption of fat. Because of the possible loss of certain nutrients, it is recommended that people using orlistat should also take a multivitamin at bedtime, the FDA said.

The most common side effect of the product is a change in bowel habits, which may include loose stools. Eating a low fat diet will reduce the likelihood of this side effect. Also, people who have had an organ transplant should not take OTC orlistat because of possible drug interactions.

In addition, anyone taking blood thinning medicines or being treated for diabetes or thyroid disease should consult a physician before using orlistat.

Wolfe predicted the drug would be a "loser."

"We strongly urge people not to use this potentially dangerous drug, and we predict that, like the rapidly declining sales of the prescription version, the over-the-counter version will turn out to be a loser after enough people have a bad experience with it," he said.

"The connection of ACF with carcinogenesis is so well-recognized that the appearance of ACF in rats is used by many groups to test the potential carcinogenicity of chemicals," Wolfe said. "For example, the Environmental Protection Agency (EPA) uses an ACF assay in its tests of possible carcinogens. In April 2006, after opposing the OTC switch, we petitioned the FDA to ban the prescription version of orlistat, Xenical, because of the two studies documenting its ability to cause ACF."

He said there are no human studies of long enough duration or follow-up to make any acceptable statement allaying concerns about human cancer from orlistat.

The financial services industry, hoping to befuddle the new Congress, has been busily laying down a smokescreen claiming that identity theft is on the wane.

But the Federal Trade Commission's latest compilation of consumer complaints and a survey by the National Crime Prevention Council should do much to clear the air.

The FTC's complaint list was dominated by -- guess what? -- identity theft and fraud issues for the seventh year in a row. Identity theft complaints to the FTC totaled nearly 250,000, a whopping 36 percent of the total number of complaints the agency received in 2006.

Identity theft was also the #1 consumer complaint in the Land of Lincoln last year, Illinois Attorney General Lisa Madigan said last month. For the first time ever, identity theft topped the list of consumer complaints in the state, far exceeding the other categories.

The FTC reported that credit card fraud was the most pervasive form of identity theft at 25 percent, followed by utilities/phone fraud (16 percent), bank fraud (16 percent), and employment fraud (14 percent).

The total identity fraud losses reported to the FTC topped $1.1 billion, with the median money individual loss placed at $500.

Meanwhile, a Harris Interactive survey commissioned by the National Crime Prevention Council (NCPC) found that identity theft and credit card fraud top the list of crimes about which adult Americans are extremely concerned.

Identity theft outranks concern over such crimes as credit card fraud, burglary, and robbery, according to the survey of 813 adults.

Say What?

The FTC complaint findings serve as a counterpoint to industry claims that identity theft is somehow less of a threat these days.

A study recently released by Javelin Research claimed that identity theft instances declined by 11.5 percent between 2005 and 2006, with 2006 losses declining to $49.5 billion. The Javelin study was funded by Visa, Wells Fargo, and check-printing company CheckFree.

A study conducted by the industry-funded Identity Theft Assistance Center (ITAC) claimed that two in five identity theft victims knew the thief personally -- usually a friend or family member. The Javelin study also made similar claims.

The Javelin study has been taking a lot of hits from privacy advocates who note that, even if one accepts the two in five figure, this would still mean that three out of five identity theft victims had no inkling who the thief was.

Critics also said the survey ignored instances of "synthetic identity theft."

Synthetic identity theft occurs when thieves use pieces of data from different victims to create new identities, such as one person's name and another person's Social Security number, rather than stealing someone's information whole cloth and using it for fraud.

Synthetic identity fraud is much harder to detect, as banks and credit agencies will often simply create "subfiles" for the new accounts, and the original information holders never know about the new accounts until bill collectors come looking for them.

On his blog, Chris Hoofnagle of the Electronic Privacy Information Center (EPIC) shared communications between the FTC and Wall Street Journal reporter Robin Sidel, using the Freedom of Information Act, in which the FTC criticized Javelin's findings as "misleading."

FTC official Claudia Bourne Farrell said that, "Since most surveyed -- 74 percent -- could not identify the person who stole their identity and half the 26 percent who could identify the thief either didn't personallyknow the thief or said it was someone other than a friend or relative, it would be misleading to suggest that the 'culprit is likely a friend or relative.'"

PIRG's Ed Mierzwinski noted that the Javelin study pinpointed over eight million victims of identity theft in 2006 -- over thirty-two times more than the people who complained to the FTC.

As he put it, "for every consumer who takes the time to complain, there are often 10-20 or more others standing behind him or her with the same problem."

NCPC Survey

The NCPC survey found that people with high levels of concern about identity theft are no more knowledgeable about the issue than those who are less concerned (57 percent versus 56 percent of other respondents) about how to prevent it.

The survey, conducted in November 2006, also found that:

• Two-thirds of adult females (66 percent) see identity theft as a major problem, compared with 47 percent of adult males.

• People who feel increasingly vulnerable on the Internet are more likely than their counterparts to see identity theft as a major problem (80 percent of those who feel more vulnerable than a year ago compared with just about half of those who are less afraid or feel unchanged about Internet vulnerability.

• Fourteen percent of respondents report that they have at sometime in their lives been victims of identity theft -- which represents over 40 million adult Americans.

• Twenty-four percent of respondents knew someone who has been an ID theft victim.

• Those who know ID theft victims are significantly more likely to be most concerned about that crime -- 31 percent versus 24 percent of all other adults.

• People could name a variety of preventive actions that might prove helpful: shredding (destroying) sensitive personal documents, avoiding use of Social Security numbers, taking care not to give out personal information on the phone (including credit card and Social Security numbers), avoiding giving out computer or other passwords, and refusing to give out personal information via the Web, among others.

• The black community appears to be disproportionately victimized by ID theft: 31 percent report being victims compared with 14 percent of the population overall, and 45 percent know family members or close friends who are victims, compared with 25 percent of the general population.

Distant runners-up include shop-at-home/catalog sales; prizes, sweepstakes and lotteries; Internet services and computer complaints; and Internet auction fraud.

"Consumers' help in stopping unlawful operations is critical," said Deborah Platt Majoras, Chairman of the Federal Trade Commission. "By filing a complaint with the FTC, consumers are making information available to more than 1,600 law enforcement agencies that have access to our secure database."

"It's as easy as a click or a call," she said. "The FTC has an online complaint form at FTC.gov, or consumers can reach us at 1-877-FTC-HELP."

Other findings from the report include:

• Consumers reported fraud losses totaling more than $1.1 billion; the median monetary loss was $500. Eighty-five percent of the consumers reporting fraud also reported an amount lost.

• The percentage of fraud complaints with wire transfer as the reported payment method continues to increase. Twenty-three percent of the consumers reported wire transfer as the payment method, an increase of eight percentage points from calendar year 2005.

• Credit card fraud (25 percent) was the most common form of reported identity theft, followed by phone or utilities fraud (16 percent), bank fraud (16 percent), and employment fraud (14 percent).

More Scam Alerts ...

But just because the person in the pulpit wears priestly vestments and urges congregants to give til it hurts doesn't mean that all is as it should be, as Catholic congregations in Louisiana and Virginia have learned recently.

A Louisiana seminarian from Uganda allegedly skipped town with thousands of dollars of church funds after wooing at least one local woman with tales that he was a cardiologist. And a Virginia priest allegedly led a double life for 14 years, supporting a wife and three children in suburban style while purporting to live in priestly celibacy in a humble rectory.

Odd Man Out

In Louisiana, Thibodaux police are investigating the case of a Catholic seminarian who apparently lived a secret double life, fleeced parishioners of at least $12,000, then disappeared to his native Africa.

Until his disappearance in December, Jude Nanyumba, 28, had seemed a model candidate for ordination, according to the Rev. Wilmer Todd, who supervised Nanyumba's final internship at St. Genevieve Parish in Thibodaux, the New Orleans Times-Picayune reported.

"Before September, I would've said he was one of the best I've ever had, and I've had six or seven," Todd said. He said the seminarian visited the sick, ministered to high school students and delivered occasional homilies from the pulpit.

But then one day in September, a young woman from a nearby town dropped by St. Genevieve for Mass and was astonished to see Nanyumba dressed in his priestly vestments, reading the Gospel.

She was surprised, she said, because she had met the same man in a bar. He had told her he was a cardiologist and she had taken him home to meet her parents.

Alarmed, she told Rev. Todd who went through Nanyumba's personel effects and found a letter from a woman in Africa who considered herself to be Nanyumba's wife. Todd had a talk with Nanyumba, who vanished a short time later, just months shy of being ordained.

But before leaving town, Nanyumba raised nearly $6,000 in donations from St. Genevieve parishoners and another $6,000 or so from parishoners at a church in Metairie, where he had served earlier.

Church leaders say they suspect Nanyumba had raised even more money off the books but admit they don't know for sure.

Nor is anyone quite certain where Nanyumba is. He left Thibodaux Dec. 16 and hasn't been heard from since. Seminary officials notified Archbishop James Odongo of the Archdiocese of Tororo in Uganda of Nanyumba's disappearance, said the Rev. William Maestri, the Archdiocese of New Orleans' spokesman.

Nanyumba's student visa was canceled, which, if he has left, bars him from re-entry to the United States and Maestri said his priestly studies have been ended by Archbishop Odongo.

Meanwhile, Rev. Todd said he is hearing reports that Nanyumba is calling his personal network of families in Thibodaux and Metairie seeking more money.

"God will deal with Jude," said Todd in a report to his parishoners.

A Double Life

In central Virginia's rural Louisa County, parishoners were enamored of the Rev. Rodney L. Rodis, a dynamic priest who had breathed new life into two small Catholic parishes over the last 14 years.

The parishes were divided and attendance was at an all-time low when Rodis arrived. But the charismatic native of the Philippines built the church rolls to nearly 360 families and raised hundreds of thousands of dollars for capital improvements, parishioners told The Washington Post.

But Rodis, 50, looks less saintly these days. He has been charged with embezzling an estimated $600,000 to $700,000 from the parish.

Even more shocking to many is the revelation that, for the past 14 years, Rodis has been living with a woman identified in court records as his wife and their three children an hour away in Spotsylvania County, where his neighbors believed he was in the import-export business.

Diocese of Richmond Bishop Francis X. DiLorenzo has barred Rodis from representing the diocese or celebrating Mass. Diocese officials have also said Rodis could eventually be defrocked, but it would be up to the Vatican to decide whether to remove him from the priesthood permanently.

Rodis was arraigned in Louisa County circuit Court recently to answer the embezzlement charges. He did not enter a plea and was freed on $10,000 bond.

For years, parishioners looked to Rodis for marriage counseling, baptisms and confession, assuming he lived in the modest St. Jude rectory. In fact, authorities say, Rodis lived with his family in a split-level suburban brick house near Fredericksburg, about an hour away.

The family's home was adorned with mini pagodas, an SUV and other cars filled the driveway. Rodis' wife and his three daughters were active in Girl Scouts and other activities.

Rodis retired last May for what he said were health reasons and suspicions began to mount a short time later.

One parishoner said he had responded to Rodis' plea and donated $1,000 for tsunami relief. When he later asked the church secretary for a receipt, there was no evidence the donation had been deposited in the church account, the Post said.

Virginia State Police launched a full-scale investigation a short time later. Sgt. Kevin Barrick said calls from parishioners and donors continue to come in and the total amount of diverted funds is expected to reach well beyond the more than $600,000 the diocese has estimated was stolen.

Insurance may cover some of the losses but damage to the priesthood's reputation is more difficult to measure.

"He deserves an Academy Award for acting because at the same time he was stealing money from us, he was telling us to 'be good,' and that hurt," parishoner Phil Scoggin said. "The fact that he took money from people who really needed it is unconscionable."

Getting ready for college? Be careful. There are many scam artists offering "insider information" on scholarships and financial aid that is essentially worthless.

The New York State Consumer Protection Board (CPB) warns that there are private companies charging high fees for services that are generally free to the public.

There are also high-interest loans and scholarship scams being marketed to students and parents as their search for college aid kicks into high gear this month.

"You don't have to spend money in order to find money for college," said Mindy Bockstein, the CPB's acting chairperson and executive director.

"Government agencies, as well as colleges and high schools, are offering many free services this weekend, including orientation programs at high schools and colleges across the state.

"The bottom line is: parents and students need to do their homework," she said.

On Saturday, Feb. 10, many State University of New York (SUNY) campuses will have financial-aid experts available to answer questions about how to apply for financial aid from the state and federal governments.

The following day, high schools and colleges across the country will host financial-aid programs in a nationwide program called "College Goal Sunday."

The key to obtaining grants and low-interest loans from the government is the Free Application for Federal Student Aid, commonly known as the FAFSA.

Although FAFSA is free, parents are lured into paying between $50 and nearly $2,000 to a company that will complete the application on their behalf.

Several websites use names very similar to the FAFSA name in order to lure them away from the government website -- www.fafsa.ed.gov where the FAFSA application is available at no charge.

"Ironically, these private services require consumers to fill out an application that is nearly identical to the FAFSA application," said Bockstein.

Students and parents are also invited to "free" seminars where college consulting firms pressure them into buying services they may not need or have trouble accessing.

Consumers have complained that some companies promise to offer "consulting services" to help a student choose a college. Some parents said these consulting services were not as personalized and specific as the companies described in their sales presentations.

Some of these consulting packages can cost $2,000 or more and consumers have found it difficult to get refunds from some of these companies.

Bockstein also noted that parents should be aware and concerned that these private services may be selling information about their customers. This can result in even more companies contacting them with offers, including some financial aid and government-grant scams.

"Scam artists often lure victims with phony guarantees that they can obtain a government grant or a college scholarship," said the acting Chairperson. "Such 'guarantees' are a tip-off that this is a scam."

Other warning signs include:

• demands that you pay an up-front fee;
• requests for credit card numbers or bank account information;
• claims that a company can offer "exclusive" information;
• promises to give you cash if you first pay a registration fee;
• offers for a lower interest rate if you pay a larger fee in advance; and,
• claims that the company will convert a loan into a grant -- but only if you first pay a fee.

More information on college financing and how to avoid financial-aid scams is available from the U.S. Department of Education.

The CPSC has a plan to eliminate further child deaths and other complications caused by the dangerous levels of lead often found in cheap costume and children's jewelry.

Unfortunately, the CPSC does not have enough commissioners to enact this and other lifesaving legislation and the White House is unresponsive to the problem.

The CPSC normally consists of three commissioners. But on July 15, 2006, one of the commissioners, Bush-appointed CPSC Chairman Hal Stratton, resigned abruptly to take a high-paying job with a Washington law firm, leaving the agency in the lurch.

As ConsumerAffairs.com reported yesterday, the CPSC, by law, cannot perform any legislative action because it currently only has two of three commissioners. This legal limbo will continue until President Bush assigns a new candidate and the Senate approves the nominee.

Michael Lemov was a lead staff person responsible to Congress for developing the Consumer Product Safety Act in 1972. That act created and governs the CPSC. Lemov said he is "deeply disappointed" by the commission's lack of a quorum.

"At the current state of affairs it is very disappointing," said Lemov, who is now counsel to a D.C. law firm. "It suggests a lack of priority for the Administration. I do not see how a committee without a quorum can accurately oversee the more than 15,000 products on the market."

But as proposed new safety rules pile up on the commission's legislative agenda, the White House has taken no action to fill the vacancy.

White House staffers have not returned three telephone calls from ConsumerAffairs.com seeking comment on the matter. Representatives of the Senate Consumer Affairs Subcommittee said they know of no action the White House has taken to fill the vacancy.

Lead Poisoning

Children, especially those younger than six, who ingest lead can suffer a handful of serious health conditions according to the National Safety Council, a nonprofit organization that fights for consumer health.

The many health risks include:

• Death
• Loss of IQ
• Behavioral problems
• Stunted growth
• Impaired hearing
• Kidney damage
• Mental retardation
• Stomach pain

To make matters worse, there is no way to remove lead once it enters an individual's blood stream.

Leanne Leclair of Markham, Ont. said her 5-year-old son is still suffering from hyperactivity and behavioral problems six months after he swallowed a toy that contained lead.

"The blood in his bowel movement stopped after he passed the toy," Leclair said. "But he is still suffering from behavioral problems. ... I wish they could do something about this. I wish they could change the law."

Other Deadly Hazards

The Commission has also been forced to stall efforts on making upholstered furniture more fire-resistant.

For more than a decade, the CPSC has struggled to find ways to improve upholstered furniture, which tends to light up faster than kindling.

Upholstered furniture, which can be easily ignited by cigarettes or candles, caused an annual average of 9,000 fires, 520 deaths, 1,040 injuries and $242 million dollars in property damage for the years 1999 to 2002, according to a CPSC memo.

A recent CPSC report documents the safety advantages of a fire resistant foam that can be applied to upholstered furniture. But until the commission has a quorum, any action to force manufacturers to update safety standards will have to be set aside.

The two commissioners were also homing in on regulation to redesign portable generators to reduce carbon monoxide poisoning.

Consumers reported 228 portable generator-caused carbon monoxide deaths to the CPSC from 1990-2003 according to a CPSC study.

The commissioners rushed out a warning label for the generators in the final days before they lost their powers. But another proposed rule to mandate a redesign of all portable generators will have to be tabled.

The commissioners were also on their way to implementing safety standards for all-terrain vehicles (ATV).

A recent CPSC report estimates there were 767 deaths and 136,700 injuries related to ATVs in 2003.

CPSC officials met with representatives from ATV manufacturers in October 2006 to discuss new safety standards for the vehicles. But again, any regulation for the industry, which is unlikely to regulate itself, will have to wait until the Senate swears in a new commissioner.

CPSC spokesman Scott Wolfson, assured ConsumerAffairs.com that much of the commission's business is continuing unhampered. However, without a third commissioner it could be months or years before these four rule-making actions, and others, can start saving consumers' lives.

Washington State Attorney General Rob McKenna has sued three California-based Internet affiliate advertisers.

The advertisers are accused of sending anonymous "Net Send" messages to consumers' computers that simulate Windows operating system warnings, transmitting bundled software that changes Internet browser home pages, and marketing registry-cleaner programs through the use of deceptive free scans.

Hundreds of Washington consumers have purchased products from the defendants, who are accused of violating the state's Computer Spyware Act and Consumer Protection Act.

"Internet advertisers and product sellers can no longer treat the Web as the Wild West where anything goes," McKenna said. "Washington state is leading the battle against online fraud and we will continue to prosecute businesses and individuals who seek to deceive or harm consumers."

The lawsuit filed in King County Superior Court is Washington's fifth case under the state's Computer Spyware Act passed in 2005. The suit brings charges against three companies and their officers:

• Secure Links Networks LLC and CEO Manual Corona, Jr., of Brea;
• NJC Softwares LCC and company officer Rudy O. Corella, of Lake Elsinore; and
• FixWinReg and president HoanVinh V. Nguyenphuoc, of Redondo Beach.

Washington's suit lays out seven causes of action that include sending Net Send messages that:

• Feign the discovery of critical errors on a computer;
• Prevent a computer user from declining the installation of software;
• Modify computer settings;
• Intentionally misrepresent the necessity of new software for security purposes; and
• Mislead consumers into believing that registry-cleaner software has performed indicated repairs.

The state is seeking injunctive provisions. If found liable, each defendant could be fined up to $100,000 per violation of the Computer Spyware Act and $2,000 per violation under the Consumer Protection Act. They may also be required to pay compensation to affected consumers.

"Affiliate marketing is proliferating on the Internet because it's a cheap form of advertising for product sellers," said Assistant Attorney General Katherine Tassi, of the Computer Protection High-Tech Unit. "Companies pay a percentage of the sale price to affiliates who successfully drive consumers to their sites to purchase products or view information."

McKenna said, "Affiliate marketers are able to remain anonymous in many cases, but they're not out of reach of the Attorney General's Office. Neither are product sellers; they can be held liable for the illegal advertising of their affiliates."

The defendants are alleged to have worked together to market each other's products. Corona owns programs called Registry Sweeper Pro and Registry Rinse. Corella owns Registry Doc, Registry Cleaner 32 and Registry Cleaner Pro.

FixWinReg marketed and sold several of the products.

Net Send

Products were advertised by sending Net Send messages to users' computers. Net Send is a Windows operating system command traditionally used by network administrators to broadcast pop-up messages to computer users about service outages.

These messages resembled system alerts with alarmist wording such as "WARNING! WINDOWS REQUIRES IMMEDIATE ATTENTION. Windows has detected CRITICAL SYSTEM ERRORS. ... FAILURE TO REPAIR AN INVALID OR CORRUPT SYSTEM REGISTRY MAY LEAD TO DATA LOSS OR SYSTEM FAILURE!"

Another version labeled as an "Important Security Bulletin" included an error string and a recommendation that the user immediately scan the system registry.

The messages instructed computer users to download software to fix the errors. By visiting the URL addresses included in the messages, users were redirected to other Web sites owned by the defendants where they were encouraged to download a free trial version of the software that will scan their computer for registry errors.

"The state's investigation showed that the free scan always identified 'critical errors,' but in many cases these so-called errors were harmless files," Tassi said. "In order to remove the errors, consumers were told they must purchase the full version of the software priced at $29.95 and up. The full version of Registry Doc claimed to remove some files that actually remained on the user's computer."

She said users were also given an option to decline installation of an unrelated search toolbar called Twikibar that is bundled with the trial version of Registry Doc.

"We found that even when a user didn't want to install Twikibar, the program installed itself and automatically changed the computer's Internet browser home page," Tassi said. "There's no obvious way to uninstall the toolbar. This is a violation of Washington's Computer Spyware Act, which prohibits transmitting software without a user's consent and modifying computer settings."

McKenna said that the prevalence of online fraud means that consumers, too, must play a role in protecting themselves. They should only download software from reputable businesses and regularly update their anti-virus and anti-spyware programs. When downloading software, consumers should read the small print on customer agreements and legal disclaimers to ensure they only receive and pay for products and services they want.

The redesigned Nissan Altima accelerated to the top of Consumer Reports'ratings of family sedans in tests for the March 2007 issue. Rated "Excellent" overall the Altima now ranks alongside CR's top-rated Volkswagen Passat, Honda Accord, and Toyota Camry.

The Altima 3.5SE virtually ties with the Honda Accord V6, Consumer Reports' top-rated family sedan. Among four-cylinder sedans tested by CR, the Altima 2.5S ranks just behind the Volkswagen Passat 2.0T.

"The redesigned Altima is a well-rounded family sedan in both 2.5S and 3.5SE trim levels," said David Champion, senior director of Consumer Reports' Auto Test Center in East Haddam, Connecticut. "Both the 2.5-liter four-cylinder and 3.5-liter V6 engines deliver very good performance while getting good fuel economy."

The magazine tested basic and uplevel versions of five family sedans -- the Altima, Kia Optima, Saturn Aura, Pontiac G6, and Chrysler Sebring. Prices ranged from $20,785 for the base model G6 to $31,995 for the Altima 3.5SE.

With a "Very Good" overall score, the V6-powered Optima ranked midpack, roughly on a par with the Hyundai Sonata and Mercury Milan Premier; the four-cylinder Optima also achieved a "Very Good" overall score and ranked alongside the four-cylinder Accord and Camry.

The upscale Saturn Aura XR also scored "Very Good" overall, as did the less expensive Aura XE. Both trim lines of the Pontiac G6 and Chrysler Sebring finished at the bottom of the pack with "Good" overall scores.

Among the vehicles in this test group, Consumer Reports recommends only the Pontiac G6 GT.

CR does not yet have reliability data on the Altima, Optima, Aura, and Sebring. It recommends only those vehicles that have performed well in its tests, have at least average predicted reliability based on CR's Annual Car Reliability Survey of its own subscribers, and performed at least adequately if crash-tested or included in a government rollover test.

Both trim lines of the Altima have responsive and secure handling. The sportier 3.5 SE ($31,995 Manufacturer's Suggested Retail Price as tested) handles more sharply, but rides stiffly. Interior fit and finish has improved from the previous generation, but the rear seat is less roomy.

The smooth and punchy 270-hp, 3.5-liter V6 in the SE delivers excellent acceleration and returns 23 mpg overall in CR's tests-comparable to some four-cylinder engines-but requires premium fuel. The four-cylinder gets 25 mpg on regular fuel. The continuously variable transmission used in both trim lines of the Altima is excellent overall. Braking performance is very good.

The redesigned Optima is a pleasant sedan that is available at a low price. Both its four-and six-cylinder engines deliver competitive fuel economy and performance. Controls are easy to use, the interior is nicely detailed, and the rear seat is the most comfortable in this group. The Optima EX ($23,900 MSRP as tested) is powered by a 2.7-liter, 185-hp V6 that is smooth, quiet, and delivers very good acceleration. Both trim lines of the Optima use a smooth and responsive five-speed automatic. Braking performance is very good.

The Aura shares underpinnings with the Pontiac G6 and is more capable than its corporate cousin, but it still doesn't rank with the better vehicles in this group. Both trim lines of the Aura have responsive handling, but the XE has an absorbent ride while the more expensive XR has a stiff ride. Fit and finish is marred by some details. The Aura XR ($26,820 MSRP as tested) is equipped with a 252-hp, 3.6-liter V6 that delivers excellent acceleration. Still, it was easy to provoke torque steer and wheelspin. The six-speed transmission in the XR is both smooth and responsive. Braking performance is generally very good.

The G6 is a mediocre car at best, particularly with the noisy four-cylinder engine. The V6 is quieter and performs better. Both suffer from sloppy handling at their limits, difficult cabin access, an uncomfortable rear seat, and subpar interior materials. The G6 GT ($25,989 MSRP as tested) is powered by a 224-hp, 3.5-liter V6 and four-speed automatic transmission that delivers very good acceleration and smooth shifts, though not on par with segment leaders. Overall braking performance is unimpressive.

The Sebring brings some improvements over the previous version, but still it's a big disappointment for a redesigned model. Both four- and six-cylinder powerplants are noisy and unrefined, ride and handling are mediocre, and the interior is not well finished. The Sebring Touring ($24,465 MSRP as tested) is powered by a 189-hp, 2.7-liter V6 engine that delivers very good acceleration. Both trim lines of the Sebring come with a four-speed automatic transmission that is smooth but not very responsive. Braking distances are just average.

The Consumer Product Safety Commission (CPSC) is currently handcuffed in many of its operations because it does not have enough commissioners to vote on civil penalties and all regulatory activities.

The CPSC normally consists of three commissioners. But on July 15, 2006, one of the commissioners, CPSC Chairman Hal Stratton, resigned abruptly, leaving a vacancy that only President Bush can fill.

According to the Consumer Product Safety Act, which created and governs the CPSC, the two remaining commissioners can continue their regulatory activities for six months after a vacancy has been created. After those six months, their powers are stripped until the President has filled the vacancy and as of Jan. 15, 2007, that has been the case.

"The commission is continuing all of its other activities, such as product recall announcements," Scott Wolfson, CPSC spokesman said. "But meanwhile the commission has a body of two that is not able to vote on civil penalties and all regulatory activities."

An example of a civil penalty would include the $750,000 settlement the CPSC imposed on The Hoover Company on Jan. 5, 2007, for selling vacuums that posed a fire hazard.

Regulatory activities include such actions as the creation of new warning labels for all portable electric generators that warn of the dangers of the unit's exhaust. The commissioners voted for the label on Jan. 4, 2007.

The warning labels and Hoover penalty are examples of a handful of actions the two standing commissioners voted unanimously on before their powers dissolved Jan. 15.

It is unclear how long the CPSC will be in this legal limbo. President George Bush has not announced a replacement and when he does, that individual must be approved by the Senate.

The White House did not return two calls from ConsumerAffairs.com, seeking comment on this story.

Michael Baroody, the National Association of Manufacturers' top lobbyist, is said to be President Bush's choice to not only fill the vacancy, but run the CPSC, according to The Wall Street Journal.

This state of limbo has occurred three times before, according to Wolfson.

The last time was in April 2005 where the CPSC lost quorum for a month before Bush appointed the current acting commissioner, Nancy Nord. Then in 2001-2002, again with George Bush, the CPSC did not have a legal quorum for three months before Bush filled the vacancy with Stratton. The other time was 11 months in 1989 with George Bush Sr.

Thanks to passage of smokefree workplace legislation in Arizona, Nevada, and Ohio, more than half of all Americans will soon be protected by law from passive tobacco smoke.

According to a California-based group called Americans for Nonsmokers Rights (ANR), that will mark the first time more than half the country is covered.

In addition to local residents, travelers will be prime beneficiaries -- especially since Las Vegas and Phoenix are already top vacation destinations, baseball spring training is expanding westward, and the 2008 Super Bowl is already scheduled for Phoenix next February.

According to ANR executive director Cynthia Hallett, the year just passed was a historic one for nonsmoking travelers. She noted that Westin and Marriott hotels went smokefree, along with the cities of Washington and Chicago, and more than 100 new local smokefree laws were passed.

In addition, the Surgeon General of the United States issued a landmark ruling that branded as unsafe all levels of exposure to passive tobacco smoke. That statement included the caveat that ventilation systems are not viable alternatives to 100 per cent protection of nonsmokers.

Despite that report, however, gambling interests in Atlantic City and Las Vegas remain opposed to casino smoking bans and 30 states started the new year without statewide smoking protections in place.

Americans who travel overseas may soon find skies friendly even at ground level: the European Union is considering smokefree workplace legislation that would cover all member countries.

Smoking has already been banned or limited in several foreign countries, including France, Ireland, and Israel.

In another blow to the federal government's crusade for a nationwide infrastructure for sharing of medical records, the Government Accountability Office (GAO) has said that efforts to coordinate privacy at the federal level don't pass muster.

In a report, the GAO criticized the Department of Health and Human Services (HHS) for issuing contracts to develop initiatives for health information technology (IT) records-sharing without setting up adequate privacy guidelines.

Although HHS won credit for championing the initiative to share health care records across different systems, the GAO found that it was still in the "early phases of identifying solutions ... and has therefore not yet defined an approach for integrating its various efforts or for fully addressing key privacy principles."

"Until HHS defines an integration approach and milestones for completing these steps, its overall approach for ensuring the privacy and protection of personal health information exchanged throughout a nationwide network will remain unclear," the report said.

HHS disagreed with some of GAO's conclusions, specifically the need for benchmarks to measure progress.

C

Assistant Secretary Vincent Ventimiglia said that "tightly scripted milestones" would impede HHS' ability to conduct dialogue with stakeholders involved in the initiative.

Among the GAO's findings:

• HHS needs to craft adequate security and policy measures for the interaction of contracting companies and subcontractors that handle medical and personal records. Under the Health Insurance Portability and Accountability Act (HIPAA), "covered entities" are governed by strict disclosure rules about what information they can share and gather, but business partners they share information with may not be.

• 70 percent of Americans are concerned about the potential for a data breach in any system that shared such a large amount of health and personal data.

• HHS' chief "privacy and security solutions contractor," which was not identified in the GAO report, was tasked to provide a report detailing privacy and security guidelines for health organizations in all 50 states, as well as addressing compatibility issues and offering solutions.

The Right To Medical Privacy

Concern over the safety of medical records and personal information has been on the rise in recent years, due in part to the continuing cases of data breaches and thefts of equipment that contain personal data.

Recent cases such as the Emory Healthcare laptop theft continue to illustrate the dangers of sharing information without adequate privacy controls.

The GAO published another report last year that found 40 percent of health insurance contractors and state Medicare/Medicaid agencies had violated customers' privacy in some fashion, and that many health technology vendors outsourced their works to still other vendors, increasing the risk of privacy violations.

Also on the rise is medical identity theft, in which fraudsters steal patients' financial information and use it to charge expensive treatments for themselves, leaving the victims holding the bag.

Lack of laws protecting medical information can mean that medical identity theft victims have thousands of dollars' worth of debt in their name for procedures they never authorized or went through with.

The wildly varying state laws regarding data privacy and breach notification have prompted calls for Congress to pass laws that mandate federal standards for data breaches, but critics have been unimpressed with the efforts so far, saying that they do too much for business and too little for the consumer.

Cruise ships too wide to squeeze through the Panama Canal could be making the trip within a decade. That's when new locks will be built on both ends as part of a $5.25 billion expansion.

The expansion, which will double the size of the 93-year-old civil engineering marvel, will be covered by toll hikes that will raise $6 billion by the year 2025.

Ships using the Central American bypass produced $1.4 billion in revenue last year, according to the Panama Canal Authority.

Current locks measure only 108 feet wide -- too narrow for many megaships, tankers, and container vessels. The overhaul would feature new, wider locks on both the Pacific and Atlantic sides.

In addition to paying for itself, the Panama Canal expansion will provide more than 40,000 new construction jobs. It currently has 8,000 employees.

The largest modernization project in the history of the canal was approved late last year in a vote of Panamanians. The new construction will not only raise money for the government of Panama but help reduce poverty in the Panama City area, where some roads remain unpaved.

Target date for completion of the new locks is 2015.

Constructed in two stages, first by the French from 1881-88 and later by the Americans from 1904-14, the Panama Canal stretches 51 miles from the Atlantic in the east to the Pacific in the west.

Since the ships of the early 20th century have long left active service, the canal requires expansion. At present, it cannot accommodate ships carrying more than 65,000 tons of cargo, though ships five times that large are in active service.

Although the 51-mile crossing takes an average of nine hours, more than 12,000 ships per year make the trip -- bypassing the far more difficult route around the tip of South America.

Administered by the government of Panama since 1999, the Panama Canal is still one of the busiest waterways in the world.

London's loss could be Amsterdam's gain.

A new tax that doubles that air passenger duty on long-haul flights may convince Americans bound for Europe to choose the cheaper Amsterdam as their port of entry.

The tax, first imposed in December, adds more than $250 in taxes and fees to the cost of a ticket from the U.S. to the U.K. On a typical ticket, that's more than twice the tax-plus-fees surcharge added to a ticket between the United States and the Netherlands.

To compound the felony -- at least in the eyes of passengers -- the British government has also hiked taxes (as of Feb. 1) on domestic flights and those within Europe. Revenues raised by the fees are ticketed for public transportation and environmental programs.

Although the tax hikes became official on Dec. 6, they were made retroactive. That means passengers who paid in full before that date are receiving additional bills to cover the new fees.

Although British Airways agreed to cover those bills -- at a cost of $20 million -- other airlines are insisting that passengers pay up, sometimes in advance.

Virgin Atlantic is collecting the tax at the airport, while Ryanair insists upon advance payment. And all carriers not named British Airways are refusing to board passengers who won't pay the retroactive tax.

Both Britons and those who use British airports are miffed about the new tax but furious about the retroactive application. And both government and airline officials are concerned that Americans who once saw London as a low-cost base for European travel will switch their focus to Amsterdam.

EasyJet, a discount carrier often used by visiting Americans seeking to see several cities in Europe, serves both Amsterdam and London. Ryanair, another discounter, does not fly to Amsterdam but serves a myriad of other cities. An outspoken opponent of the tax, it ran a three-day sale of "free" travel, charging passengers nothing but the taxes, fees, and charges, that ended Jan. 25.

Ryanair's website even features a "Wanted" poster of U.K. Chancellor Gordon Brown, who imposed the fees, that depicts him as a gun-toting cowboy on a horse. The poster refers to him as "a heinous outlaw" and calls the tax "highway robbery of the worst kind."

A: Seniors need about the same amount of sleep as younger adults -- seven to nine hours a night.

Unfortunately, many older adults don't get the sleep they need, because they often have more trouble falling asleep. A study of adults over 65 found that 13 percent of men and 36 percent of women take more than 30 minutes to fall asleep.

Also, older people often sleep less deeply and wake up more often throughout the night, which may be why they may nap more often during the daytime.

Nighttime sleep schedules may change with age too. Many older adults tend to get sleepier earlier in the evening and awaken earlier in the morning.

Many people believe that poor sleep is a normal part of aging, but it is not. Sleep patterns change as we age, but disturbed sleep and waking up tired every day are not part of normal aging. If you are having trouble sleeping, see your doctor or a sleep specialist.

Here are some pointers to help you get better sleep:

• Go to sleep and wake up at the same time, even on weekends. Sticking to a regular bedtime and wake time schedule helps keep you in sync with your body's circadian clock, a 24-hour internal rhythm affected by sunlight.

• Try not to nap too much during the day -- you might be less sleepy at night.

• Try to exercise at regular times each day. Exercising regularly improves the quality of your nighttime sleep and helps you sleep more soundly. Try to finish your workout at least three hours before bedtime.

• Try to get some natural light in the afternoon each day.

• Be careful about what you eat. Don't drink beverages with caffeine late in the day. Caffeine is a stimulant and can keep you awake. Also, if you like a snack before bed, a warm beverage and a few crackers may help.

• Don't drink alcohol or smoke cigarettes to help you sleep. Even small amounts of alcohol can make it harder to stay asleep. Smoking is dangerous for many reasons, including the hazard of falling asleep with a lit cigarette. Also, the nicotine in cigarettes is a stimulant.

• Create a safe and comfortable place to sleep. Make sure there are locks on all doors and smoke alarms on each floor. A lamp that's easy to turn on and a phone by your bed may be helpful. The room should be dark, well ventilated, and as quiet as possible.

• Develop a bedtime routine. Do the same things each night to tell your body that it's time to wind down. Some people watch the evening news, read a book, or soak in a warm bath.

• Use your bedroom only for sleeping. After turning off the light, give yourself about 15 minutes to fall asleep. If you are still awake and not drowsy, get out of bed. When you get sleepy, go back to bed.

• Try not to worry about your sleep. Some people find that playing mental games is helpful. For example, tell yourself it's five minutes before you have to get up and you're just trying to get a few extra winks.

If you are so tired during the day that you cannot function normally and if this lasts for more than 2 to 3 weeks, you should see your family doctor or a sleep disorders specialist.

All Rights Reserved © 2007 by Fred Cicetti

AARP is getting into the annuity business, offering a "lifetime income program" to its members through New York Life Insurance Co.

AARP and New York Life say the program will offer a more secure stream of retirement income, providing guaranteed income for life to AARP members between the ages of 50 and 85.

"As traditional sources of retirement income, such as pensions, become less and less available, AARP members -- like all Americans in or near retirement -- are increasingly concerned about how best to address their income need and safeguard their financial security," said Larry C. Renfro, President of AARP Financial.

"Mindful they run the risk of outliving their assets without ongoing income, many AARP members have expressed interest in the potential of annuities to help fill their income gap."

The plans being offered by AARP include so-called "immediate" annuities -- meaning they start paying out as soon as you transfer cash into the plan. This is the opposite of the "deferred" annuities that are often sold to unwitting seniors by scam artists. Deferred annuities may be appropriate for younger persons but not for seniors who are about to retire.

The AARP offering includes "fixed" annuities -- guaranteed to pay a certain amount per year, as opposed to variable annuities whose payments are indexed to, say, the stock market. Consumer activists are often critical of variable annuities if they make up too large a percentage of the retiree's portfolio.

The plans being offered by AARP/New York Life closely mirror a traditional "defined benefit" pension -- they will pay a predetermined amount on a monthly or yearly basis for as long as the annuity holder is alive. Various options are available that make allowances for inflation, surviving spouses, etc. (See "Annuities: Fools Gold or Fiscal Smarts?" for a more complete discussion of annuities.)

Consumers should be certain to check with their tax advisor since annuity proceeds are taxable in most instances and annuity payments could affect the amount one receives from Social Security.

AARP Cites Research

AARP said recent New York Life research documents the growing retirement income need. More than half (58%) of pre-retirees surveyed by New York Life thought it important at or near retirement to supplement the income they will receive from Social Security or pensions by purchasing a product like an income annuity that provides guaranteed retirement income for life.

After a test marketing in the second half of 2006, the AARP Lifetime Income Program is now available to most of AARP's 37 million members, those living in 42 states and the District of Columbia. Additional states will be added soon, AARP said.

Lifetime Income

These lifetime income annuities provide a stream of guaranteed income payments for life, no matter how long the annuitant lives. The annuitant decides the amount of income they wish to guarantee and purchases an annuity in the amount required to establish that stream of income. The insurer does the rest, delivering a monthly paycheck for the remainder of the annuitant's life. This guarantee is backed by the claims paying ability of New York Life and Annuity Corporation.

The AARP Lifetime Income Program sets a minimum premium of $5,000 to begin a lifetime stream of income, and sets no maximum premium for the plans. Since the single premium is locked in, each income payment an AARP member receives represents a return of premium and interest. Currently, a 65-year old male can expect annual income payments in excess of 7 percent of premium guaranteed for life from a $100,000 Cash Refund annuity.

In other words, a consumer who transfers $100,000 into an AARP annuity could expect to receive about $7,000 per year for the rest of his or her life. While higher returns may be available elsewhere, the annuity guarantees that the consumer will not outlive his or her money.

One drawback to annuities is that if the consumer dies relatively early, he may receive less in retirement payments than was paid in. In such a case, the money is simply lost. It cannot be passed on to heirs.

AARP said it will offer an option that, in such cases, would return the unpaid balance to the consumer's estate. If that option is chosen, the interest payout would be roughly 10% less.

On the other hand, with seniors increasingly living well into their 80s and beyond, a consumer in relatively good health has a fair chance of being paid much more than he or she paid in.

For example, a consumer who retires at age 65 and invests $100,000 in an annuity paying 7% would be $40,000 ahead of the game if she lived until age 85.

According to Brian Duffy, Senior Vice President of New York Life, the company will offer income annuities with various product and service features designed to meet the needs of AARP members.

"Our suite of annuity plans offer guaranteed monthly payments for life, the ability to access extra cash in an emergency, and premium protection features that ensure the total income an annuitant or their beneficiary receives will never be less than the initial premium amount paid," Duffy said.