DN 6-19-14

THURSDAY, JUNE 19, 2014

THE DAILY NEWS

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Nation’s largest camp for students, teachers comes to campus

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ALAN HOVORKA CHIEF REPORTER | afhovorka@bsu.edu

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MCT PHOTO

The Fray will play on campus Sept. 10 at John R. Emens Auditorium. Tickets for the concert exclusively for students go on sale Aug. 22.

THE FRAY CONCERT: SEPT. 10

STUDENTS:

$10 OR $15

TICKETS ON SALE:

AUG. 22

TICKETS

TO BUY:

Students must have a student ID and can have up to two IDs. One ID gets one ticket.

Over the years, Muncie, Ind., has become a mecca for music, student leadership.

uses filled with hundreds of high school students will flood campus starting Saturday and will be closely followed by the sound of booming trumpets and snapping drums.

About 1,093 high school students and 140 band directors from across the county will be on campus for Music for All’s 39th annual Summer Symposium, the largest national music camp for students and teachers. “[The camp is] special because this one is about students as individuals coming together,” said Erin Fortune, senior marketing coordinator for Music for All. “They will be surrounded by people just like them. They aren’t just learning how to be better musicians; they are learning to be better people in their community.”

»

ERIN FORTUNE, senior marketing coordinator for Music for All

GUESTS:

$25 OR $30

SIZE OF EMENS:

Music for All provides free and paid concerts for the public during the weeklong event. All concerts are at John R. Emens Auditorium except for the last event, June 27.

Tickets are available at the auditorium’s box office and Ticketmaster.

SEATS 3,581

RECENT ALBUM, SINGLE: FEB. 25, 2014: “HELIOS” ALBUM OCT. 15, 2013: “LOVE DON’T DIE” SINGLE

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Ball State looks to recover $13M in cases

SEE PAGE 6

Investigations uncover 2 fraud situations, lead to prison time for men ASHLEY DYE NEWS EDITOR, COPY CHIEF | news@bsudailynews.com

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GUARD WINS ELIGIBILITY JUDGMENT

While two cases of fraud have made a $13 million dent on longterm reserves, Ball State officials say the university is focused on recovering the assets, holding people accountable and implementing procedures to avoid the situation in the future.

“Any loss of funds is an outrage,” said Randy Howard, vice president for business affairs and treasurer.

“It upsets the [Board of Trustees], it upsets the administration. We wish it had never happened, but we were victims of a crime.”

This money came from long-

NCAA to allow former Cincinnati guard to play in upcoming season SEE PAGE 3

MUNCIE, INDIANA

TODAY IN HISTORY, THE U.S. SENATE APPROVED THE CIVIL RIGHTS ACT OF 1964.

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term reserves, comprised of a mixture of reserves, such as housing, dining and self-insurance. To prevent short-term damage, the university has contingency funds that act as a line of defense.

However, the university will still need to replenish the reserves over time.

“And that’s the good news — we have a lot of time to recoup them,” Howard said.

As one of the university’s priorities, Howard said, Ball State has implemented new checks and balances to avoid this situation in the future.

This includes a list of pre-approved brokers that is annually reviewed. This list goes through independent sources to find any charges or allegations of SEC fines, Howard said.

“You can never put enough internal controls in place to stop

a criminal,” Howard said. “So if someone’s going to commit criminal activity, it’s really hard to stop it.”

When the U.S. Attorneys’ Office contacted Ball State in September 2011, telling the university that it might be a victim of fraud, Ball State found two potential cases after asking Gale Prizevoits, former director of cash and investments, to provide documents.

“She signed contracts that the university didn’t even know existed,” Howard said. “... A prudent and reasonable investor would not have signed them, particularly if they knew our investment policy.”

Tom Taylor, vice president for Enrollment, Marketing, and Communications, said those contracts “were no where in our files.”

After the investigation, Ball State turned over the findings to the

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« Any loss of funds is

an outrage. It upsets the [Board of Trustees], it upsets the administration.

We wish it had never happened, but we were victims of a crime. » RANDY HOWARD, vice president for business affairs and treasurer 5. SUNNY

4. MOSTLY SUNNY

U.S. Attorneys’ Office. The office had asked the university to not publicly disclose the information because of the investigation at the time. Now that Ball State can talk about the case, Howard said they will make sure to keep the community updated on the situation.

“We’re happy we can talk about it,” Howard said.

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PAGE 2 | THURSDAY, JUNE 19, 2014 | THE BALL STATE DAILY NEWS | BALLSTATEDAILY.COM

THE SKINNY NEWS AND EVENTS YOU NEED TO KNOW, IN BRIEF NEWS@BSUDAILYNEWS.COM | TWITTER.COM/BSUDAILYNEWS

5 THINGS TO KNOW

1.

PRESIDENT MEETS CONGRESS LEADERS TO TALK IRAQ PLANS

TODAY WASHINGTON (AP) — A federal trademark board ruled Wednesday that the Washington Redskins nickname is “disparaging of Native Americans” and that the team’s trademark protections should be canceled, a decision that applies new financial and political pressure on the team to change its name.

The 2-1 ruling from the Trademark Trial and Appeal Board came in a case that has been working its way through legal channels for more than two decades. It

doesn’t force the team to abandon the name, but it comes at a time of increasing criticism of team owner Dan Snyder from political, religious and sports figures who say it’s time for a change.

The Redskins quickly announced that they will appeal, and the cancellation for trademark protections will be on hold while the matter makes its way through the courts.

“We’ve seen this story before,” Redskins attorney Bob Raskopf said.

4. ‘UNANSWERED QUESTIONS’ ON BENGHAZI

PHOTO COURTESY BY WIKIPEDIA.ORG

WASHINGTON (AP) — Hillary Rodham Clinton says many unanswered questions remain about the deadly 2012 terrorist attack in Benghazi, Libya, even as U.S. authorities have captured their first suspect in the case.

Clinton, speaking in separate interviews with CNN and Fox News, said Tuesday she was still seeking information on the attacks that killed U.S. Ambassador Chris Stevens and three other Americans and led to numerous

investigations. But she defended the Obama administration’s response to the incident and said the State Department tried to respond to the fast-moving attacks that have become a focal point of criticism from Republicans.

“We want to know who was behind it, what the motivation of the leaders and the attackers happened to be. There are still some unanswered questions,” Clinton said on CNN. “It was, after all, the fog of war.”

2. SENATORS PROPOSE 12-CENT GAS TAX INCREASE

5. UKRAINE’S PRESIDENT OFFERS CEASE-FIRE

WASHINGTON (AP) — Two senators unveiled a bipartisan plan Wednesday to raise federal gasoline and diesel taxes for the first time in more than two decades, pitching the proposal as a solution to Congress’ struggle to pay for highway and transit programs.

The plan offered by Sens. Chris Murphy, D-Conn., and Bob Corker, R-Tenn., would raise the 18.4-cents-a-gallon federal gas tax and 24.4-cents-a-gallon diesel tax by 12 cents each over the next two years, and

KIEV, Ukraine (AP) — Ukraine’s new president on Wednesday promised a unilateral cease-fire as a start toward ending the fighting that has wracked the country’s east, a potential major development in efforts to bring peace to the deeply polarized nation.

President Petro Poroshenko’s plan, announced after talks with the leaders of Russia and Germany, would offer separatists in the eastern provinces that form Ukraine’s industrial

EDITOR-IN-CHIEF Matt McKinney

then index the taxes.

The plan also calls for offsetting the tax increases with other taxes cuts.

Senators said that could be done by permanently extending six federal tax breaks that expired this year.

The federal Highway Trust Fund that pays for highway and transit aid is forecast to go broke by late August. Revenue from gas taxes and other transportation user fees that go into the fund haven’t kept pace with federal aid promised.

NEWS EDITOR, COPY CHIEF Ashley Dye

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3. TRADEMARK BOARD RULES AGAINST REDSKINS

WASHINGTON (AP) — President Barack Obama has shifted his focus away from airstrikes in Iraq as an imminent option for slowing the Islamist insurgency, in part because there are few targets to hit, officials say.

Obama has made no final decisions and could ultimately approve limited strikes if stronger targets emerge, the officials say.

The president summoned top congressional leaders to the White House on Wednesday afternoon to discuss the collapsing security situation. The relentless violence marks the greatest threat to Iraq’s stability since the U.S. military withdrew at the end of 2011 after more than eight years of war.

“It’s time for the Iraqis to resolve it themselves,” said Senate Majority Leader Harry, a Nevada Democrat.

Obama has ruled out returning combat troops to Iraq in order to quell the insurgency.

He has notified Congress that up to 275 armed U.S. forces are being positioned in and around Iraq to provide support and security.

EDITORIAL BOARD

THE FORECAST

FEATURES EDITOR Evie Lichtenwalter

SPORTS EDITOR Anthony Lombardi

MULTIMEDIA EDITOR Breanna Daugherty

heartland a chance to lay down their weapons or leave the country.

Yet a key question is whether Moscow has the desire and the ability to persuade the pro-Russia insurgents to accept Poroshenko’s plan. Rebel leaders have remained defiant, but in a sign of behindthe-scenes maneuvering, some of them visited Moscow this week to meet with senior officials and lawmakers.

Poroshenko didn’t say when the cease-fire could be declared.

DESIGN EDITOR Michael Boehnlein

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SERVICE DIRECTORY

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Crossword Across 1 Licensed med. personnel 4 Heavens 9 Relations 12 Wireless mouse batteries 14 Fuzzy __ 15 How-to presentation 16 One of a kind 17 Harebrained schemes 19 Lay the groundwork 21 Live-in help, perhaps 22 Noted sitter 26 Squirt 27 Hardly a deadeye 31 “We __ amused” 34 Role for Liz 35 Personality part 36 With 37- and 38-Across, big hit 37 See 36-Across 38 See 36-Across 39 Catchall abbr.

40 Miscellany 42 Pushed 44 Makes tawdry 46 Acct. datum 47 Cause of bad luck, so they say 52 __ New Guinea 55 Gets 56 Bizarre, and what 17-, 22-, 36/37/38-

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and 47-Across can be, in one way or another 60 Half DX 61 Campaign funders, briefly 62 Guts 63 1980s surgeon general 64 Workplaces for 1-Across 65 Jacket material 66 Elevs.

Down 1 “Invisible Man” writer Ellison 2 World’s smallest island nation 3 Capital south of Olympia 4 Protect, in a way 5 Challenged 6 Perón of Argentina 7 Pince-__ 8 Like some dogs and devils 9 Sharp 10 One-named supermodel 11 Prone to prying 13 Dining 15 Decisive times 18 Short beginning 20 Sphere lead-in

Sudoku CROSSWORD SOLUTION FOR MONDAY

23 Able to give a firsthand account 24 “Holy __!”

25 “The Pit and the Pendulum” author 28 Proceed 29 Stare rudely at 30 Related 31 Baldwin of “The Cooler” 32 “Portnoy’s Complaint” novelist 33 Confer ending 37 Informer 38 Dugout convenience 40 Talk show tycoon 41 Durocher of baseball 42 Bet 43 Skip past 45 Is up against 48 “Cross my heart!”

49 Maker of Caplio cameras 50 Like septic tanks 51 SASE inserts, often 52 Leader who wears the Ring of the Fisherman 53 Quite a way off 54 Low-ranking GIs 57 CPR pro 58 “Man!” 59 Tool often swung

LEVEL: EASY | BY MICHAEL MEPHAM

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THURSDAY, JUNE 19, 2014 | THE BALL STATE DAILY NEWS | BALLSTATEDAILY.COM | PAGE 3

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Transfer becomes eligible for 2014 Former Cincinnati Bearcat returns after Muncie home burned down in November McKINNEY EDITOR-IN-CHIEF | MATT @Matt_D_McKinney

While walking in the hallways of Worthen Arena, men’s basketball player Jeremiah Davis III is stopped by assistant athletic trainer Troy Hershman.

“Hey, just heard the news,” Hershman said.

“Congratulations.”

Lately, Davis has a lot to be congratulated on.

Ball State announced Tuesday that the NCAA is waiving its usual transfer rule, meaning Davis can play at the beginning of the season this winter.

The rule is a mandatory one-year period in which transfer students must sit out from athletics.

“I was glad for the NCAA,” head coach James Whitford said. “To me, it was a real sign of what they talk about, trying to help the student-athletes.”

A special case was made for Davis after his home in Muncie burned down in November 2013, causing him to return to Ball State.

He found out about his eligibility when his coach told him. “[Whitford] was excited,” Davis said. “We had a moment together. It was great.”

He will be on a full scholarship this season, signifying a larger role for him.

For Davis and his family, the announcements were blessings, he said.

After playing high school basketball at nearby Muncie Central High School, Davis received

DEFENDING CHAMPIONS LOSE STAGE

RIO DE JANEIRO (AP) — The king is dead. The World Cup will have a new champion.

And the Netherlands look increasingly like credible pretenders for that newly vacated crown.

Just like France in 2002 and Italy in 2010, defending champion Spain is going home tail between its legs.

Chile delivered the mortal blow to an uninterrupted six-year era of dominance for Spain, the European and world champions whose dazzling footballers ran out of puff in Brazil. They were made to look vulnerable last week in losing 5-1 to the Netherlands and then simply plain ordinary in a 2-0 loss to a physical and quick Chilean side.

The Netherlands, 3-2 winners against Australia on Wednesday, and Chile are now both sure to advance to the next knockout round having won their two first matches. They will now play each other Monday to determine which of them tops Group B and avoids a possible encounter with host Brazil in the first knockout game on June 28.

“The only happiness we’ve had in recent years has been football,” said Beatriz Corral, who came to Rio from Madrid to cheer for Spain.

“Now the crisis is complete. We don’t have bread or the circus.”

With no points from its first two games, Spain will play only for pride when it meets Australia — also winless in its first two games — in their last match Group B match.

–

THE ASSOCIATED PRESS

WORLD CUP STANDINGS AS OF TODAY GROUP A Team Brazil Mexico Croatia Cameroon

GROUP B

DN PHOTO ILLUSTRATION BREANNA DAUGHERTY

offers from national powerhouses like Indiana University and Oklahoma State before ultimately choosing to commit to Cincinnati.

In a little over two seasons as a Bearcat, Davis struggled with injuries and saw a total of 73 minutes his 2012-13 and 2013-14 seasons.

The combo guard looks to have a major impact this season, as the Cardinals lost three guards from last season’s team — Jesse Berry to graduation and Quinten Payne and Mark Alstork to transfer.

Whitford said Davis was going to have a big role, regardless of Payne and Alstork’s transfers.

“We got a chance to watch him practice all year,” Whitford said. “Everyone on the team knew that when that day came for him, he was going to be an instrumental player for us. I don’t think that changes it at all.”

Although it’s been awhile since Davis played a competitive game, Whitford expects his learning curve to be short.

“He’ll start much higher, and I think he’ll learn much higher,“ he said. “By the mid-semester, I think he should be like any other older guy.“ Another ruling could affect Davis for the Cardinals’ 2015-16 season, as well.

Cincinnati is currently appealing to the NCAA, attempting to get Davis on medical redshirt for the 2012-13 season. He played in just four games because of a wrist injury.

If the appeal is granted, he will be able to play for the Cardinals in the 2015-16 season.

INDIVIDUAL STATS JEREMIAH DAVIS III, A SENIOR GUARD • Played in 37 games at Cincinnati • Averaged 16.3 minutes per game in 2009-10 with Muncie Central High School • Led Muncie Central to conference and sectional championships • Was named 2009-10 Muncie Star Press’ Athlete of the Year for boys’ basketball

Team Netherlands Chile Australia Spain

GROUP C Team Colombia Côte d’Ivoire Japan Greece

GROUP D Team Costa Rica Italy England Uruguay

Record (Points) 1-1-0 (4) 1-1-0 (4) 1-0-1 (3) 0-0-2 (0) Record (Points) 2-0-0 (6) 2-0-0 (6) 0-0-2 (0) 0-0-2 (0) Record (Points) 1-0-0 (3) 1-0-0 (3) 0-0-1 (0) 0-0-1 (0) Record (Points) 1-0-0 (3) 1-0-0 (3) 0-0-1 (0) 0-0-1 (0)

GROUP E

Team France Switzerland Ecuador Honduras

GROUP F Team Argentina Iran Nigeria Bosnia and Herzegovina

GROUP G Team Germany USA Ghana Portugal

GROUP H

Team Belgium Korea Republic Russia Algeria

Record (Points) 1-0-0 (3) 1-0-0 (3) 0-0-1 (0) 0-0-1 (0) Record (Points) 1-0-0 (3) 0-1-0 (1) 0-1-0 (1) 0-0-1 (0)

Record (Points) 1-0-0 (3) 1-0-0 (3) 0-0-1 (0) 0-0-1 (0) Record (Points) 1-0-0 (3) 0-1-0 (1) 0-1-0 (1) 0-0-1 (0)

E G W VIN SA IVES L PHOTO PROVIDED BY BSU ATHLETICS

The new Ronald E. and Joan M. Venderly Football Team Complex is depicted in a rendering. The university will hold a groundbreaking ceremony today for the complex.

NEW COMPLEX SET TO BREAK GROUND

Ball State will continue its Cardinal Commitment campaign by hosting a groundbreaking ceremony for its new football team complex.

At 4 p.m., officials will host the ceremony for the Ronald E. and Joan M. Venderly Football Team Complex.

Football head coach Pete Lembo, athletic director Bill Scholl, President Jo Ann Gora and Board of Trustees members will help break ground. The event is open to the public.

Ron Venderly, a 1964 alumnus, said in a statement that he and his wife donated to the complex in the hopes of attracting future recruits to the university.

The building, which will connect to the west side of the John W. and Janice B. Fisher Football Training Complex at Scheumann Stadium, is scheduled to be finished prior to the 2015 season. The area provide meeting space for the teams, as well as hold offices for the coaches and staff.

– STAFF REPORTS

FOOTBALL ADDS 2 PLAYERS FOR 2014 The Ball State football team has added two transfers for the 2014 season.

Bruce Heggie, a defensive lineman from Notre Dame, and Julian Jackson, a defensive lineman from El Camino Community, will both play for head coach Pete Lembo this upcoming season.

In four seasons at Notre Dame, Heggie played in nine games for the Fighting Irish, with four of them coming his senior year. The 6-foot5, 275-pound Heggie has one year of college eligibility remaining.

As a sophomore at El Camino Community College, Jackson registered 23 tackles, 1.5 sacks and two fumble recoveries on his way to being named the team’s Most Improved Player. Jackson was named to the All-Central Conference Second Team.

– STAFF REPORTS

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PAGE 4 | THURSDAY, JUNE 19, 2014 | THE BALL STATE DAILY NEWS | BALLSTATEDAILY.COM

NEWS

Amazon unveils Fire Phone to its services for AT&T 4.7-inch smartphone offers up technology for object recognition | THE ASSOCIATED PRESS SEATTLE — Amazon unveiled its first smartphone ever Wednesday, a device that assists shoppers by using six cameras that can make sense of its user’s face and the world around it.

“We wanted to make a device that’s great for one person,” Amazon CEO Jeff Bezos said about the Fire Phone.

“It’s like a certain person likes chocolate and another person likes vanilla. The customer can choose.”

The phone’s most significant feature, called “Firefly,” employs audio and object recognition technology to identify products and present the user with ways to purchase the items through Amazon.

Users can simply snap a photo of a book, for instance, and Firefly will offer up its title and author, give more information about it and provide ways to buy it.

Seven years after Apple’s iPhone took over the category, Bezos said there is room in the market for something different. Even with the dominant leads that Apple and Samsung hold, Bezos told The

Associated Press in an interview, “it’s still early” in the wireless device business.

People change phones all the time, he said. It’s not about taking market share right away, but making a phone that is ideal for a certain customer and hoping it takes hold.

While the new Fire Phone comes with some features that are practically industry standard — like a slim profile, a sturdy glass touchscreen, minimalist buttons and one camera for facing toward and away from the user, it breaks new ground in other areas.

The phone’s Firefly object recognition feature can identify items and product names captured with the device’s camera. It can also pull in useful information, such as phone numbers and website addresses. The company has catalogued more than a hundred million items that Firefly can recognize and has tweaked the technology to recognize words and characters in a variety of real-life situations.

Another feature, called “dynamic perspective,” uses four infrared, front-facing cameras that tell the phone where the user’s face and eyes are located. The feature adjusts the user interface so that tilting the screen relative to the viewer’s face can toggle through screens, scroll

through websites, make on line video game characters fly up or down, and render buildings and other custommade art in 3-D. Both features will be available for developers to build into their own apps.

The entry-level Fire Phone costs $199 with a two-year AT&T contract, which places it at the high end of smartphone pricing. But the phone comes with 32 gigabytes of memory, double the standard 16 GB. It also comes with 12 months of Amazon Prime, the company’s free shipping, video, music and book subscription plan, which normally

ers during three months of negotiations. The quick deal resulted from unique circumstances, he said, including the availability of substitute ingredients.

“I just concluded that maybe this was one of those issues where it would be smart to try to work something out,” he said.

Disagreements over details are delaying similar bills in California and New York, while a measure in Ohio has gained little traction. Still, all sides expect deals in most cases, and that given those states’ outsized place in the market, microbeads will disappear from U.S. products as the industry swallows the cost.

U.S. Rep. Frank Pallone Jr., a New Jersey Democrat, introduced a bill Wednesday proposing a nationwide ban that would take effect in 2018.

Environmentalists hope the collaborative experience carries over to debates concerning the Great Lakes’ other ills. Biel’s group last year helped scuttle a proposal to restrict flame retardants, which some consider an emerging contaminant in the freshwater seas. Still, he said the microbead talks nurtured a better working relationship, as have negotiations over fending off invasive species like the Asian carp.

“There is room for common ground,” he said.

It’s been known for years that the world’s oceans teem with masses of floating plastic. But microplastics in the Great Lakes were discovered only when scientists dragged the surface of all five lakes in 2012 and 2013

with specially designed nets and found the specks everywhere.

Barely visible without a microscope, the bits flow through wastewater treatment plant screens and into the lakes. Sherri Mason, an environmental scientist with State University of New York-Fredonia who was a leader of the research team, said the beads are showing up the stomachs of Great Lakes perch and in fish-eating birds like the doublecrested cormorant. Her group is studying whether the particles are absorbing toxins in the lakes.

Because treated wastewater flows into so many waterways, Mason said, “Every river and every inland lake you look at is going to have some plastic in it.”

The plastic exfoliants apparently came into widespread use in the 1990s, preferred because they are smoother to the skin than natural ingredients.

Laurent Gilbert, director of advanced research at L’Oreal, said they have “no proven environmental toxicity.”

Still, Procter & Gamble, Johnson & Johnson, Colgate, Unilever and L’Oreal are among the companies announcing plans to replace microbeads with natural substances such as ground-up fruit pits, oatmeal and sea salt.

The industry has yet to endorse a California bill that wouldn’t make an exception for biodegradable microbeads, which the industry said are on the drawing board. A ban has unanimously passed New York’s state Assembly, but is awaiting Senate action while the industry pushes for a slower timetable. The measure

| THE ASSOCIATED PRESS TRAVERSE CITY, Mich. — Environmentalists in Illinois expected a battle royal over their call for a statewide ban on “microbeads” — tiny bits of plastic used in personal care products such as facial scrubs and toothpaste that are flowing by the billions into the Great Lakes and other waterways.

Discovered only recently, they’re showing up inside fish that are caught for human consumption, scientists say.

But instead of resisting, leading companies quickly collaborated on a ban that was enacted by the state legislature this spring.

And with similar measures now pending in at least three other large states and in Congress, the extinction of microbeads is taking shape as one of the unlikeliest events in the politics of nature: a low-stress compromise by interest groups that are often at each other’s throats.

“To have that happen in one year is rare,” said Jen Walling of the Illinois Environmental Council, recalling the pessimistic response when she initially sought legislative sponsors. “I was not predicting we’d get it done at all.”

Don’t get used to it, said Mark Biel of the Chemical Industry Council of Illinois, which represented the product manufactur-

would prohibit most cosmetics with microbeads by 2016. The Illinois phase-out is more gradual, running from 2017 to the end of 2019.

The companies said it can take years to develop new mixtures and get them to market.

But with microbeads apparently on their way out, ban supporters said the lesson is that public pressure can pay off.

“People say, ‘Wait, there’s plastic in my face wash? In my toothpaste?’” said Mason, who teamed with the Californiabased organization 5 Gyres on the research.

was, the types of investments these contracts bill out are highly speculative, promising returns that no reasonable investor would have believed.”

Howard said the case that U.S. Attorneys’ Office noticed involved a $5 million investment that Prizevoits made to Blackhawk Wealth Solutions Inc. Blackhawk was represented by company President Peter R. Sollenne in the contract, dated April 27, 2010.

This putative contract states that Blackhawk would contact Sterling Capital LP for unrestricted U.S. government Treasury STRIPS. The university and Blackhawk would enter into a joint venture for buying TSTRIPS, with Ball State receiving 25 percent of the net profits.

However, some of that money — $3 million — found its way to George Montolio of Sheridan

Capitals LLC. This company was to purchase T-STRIPS for two investment companies, both unnamed in the federal complaint, after receiving $3.8 million. Sheridan Capitals LLC never provided the T-STRIPS. Montolio, 46, was in possession a bank account that included the university’s $3 million, states the complaint the Daily News received from the university. The balance on that account was zero, according to records the criminal investigator, Scott F. Romonowski, obtained.

On Sept. 23, 2011, Montolio was arrested on a charge of wire fraud. A Southern District of New York judge sentenced him March 7, 2013, to 36 months in prison.

In order to repay the university, Montolio consented to the forfeiture of four separate Morris Avenue properties in Bronx,

N.Y., a 2010 Chevrolet Camaro, an authentic baseball jersey signed by Mickey Mantle and an authentic pair of boxing gloves signed by Mike Tyson.

These items were purchased as a result of his wire fraud, according to the record.

The university also found Prizevoits’ $8.165 million contract regarding Seth Beoku Betts, 38. He received 51 months in prison for defrauding Ball State.

Betts was ordered to repay the university. On Dec. 11, 2013, Betts’ 4,662-square-foot house sold for $1,050,000, according to a listing by Karen Kennedy of Lang Realty.

“We’re still hopeful they’re going to find more bad people to bring to justice,” Taylor said.

“We’re still hopeful that they may discover other assets that could be recovered.”

FEDERAL JUDGE SETS SENTENCE DATE FOR GUARDSMAN IN OHIO BOMB CASE

COLUMBUS, Ohio (AP) — A judge has set an August sentencing date for an Indiana Guardsman who pleaded guilty to having homemade explosive devices in his vehicle in Ohio.

Records show that Andrew Scott Boguslawski had nine unregistered bombs and four devices that could be converted into bombs when he was stopped for speeding in January, on his way from Pennsylvania to Indiana.

Federal Judge James Graham on Wednesday scheduled Boguslawski’s sentencing for Aug. 8.

He faces 10 years in prison and a $250,000 fine.

ANDREW SCOTT BOGUSLAWSKI, an Indiana Guardsman

BLOOD CENTER ACCEPTS BREAST MILK

MCT PHOTO

CEO Jeff Bezos unveils Amazon’s first smartphone, the Fire Phone, on Wednesday in Seattle. The entry-level phone will be available for $199.

FIRE PHONE AMAZON UNVEILED ITS FIRST SMARTPHONE WEDNESDAY

• AT&T • $199 to $649 • 5.5” x 2.6” x 0.35” • 4.7” HD LCD display • 5.64 ounces • 32 GB or 64 GB storage • 1080p HD video recording

costs $99 a year.

Bezos insisted the company wants to play in the premium phone space and introduce a product that goes beyond what is already in the market.

“This is a very aggressive price point for a premium phone,” he said.

In odd twist, industry agrees to ban ‘microbeads’ from personal care

Environmentalists talk with companies, make Illinois measure

AP|BRIEFS

LEGISLATURE MICROBEADS

Microbeads are tiny bits of plastic used in personal care products such as facial scrubs and toothpaste.

These beads are making their way into the Great Lakes and other waterways and then into the stomachs of birds and fish that people eat.

Procter & Gamble, Johnson & Johnson, Colgate, Unilever and L’Oreal are announcing plans to replace microbeads with natural substances.

ILLINOIS

The state’s legislature enacted a ban of microbeads.

The phase-out of microbeads is gradual, running from 2017 to the end of 2019. Other states, including California, New York and Ohio, and Congress are looking at similar bills.

TERRE HAUTE, Ind. (AP) — A new partnership now makes sure that fragile infants have more access to both donated blood and donated human milk.

The Indiana Mothers’ Milk Bank and Indiana Blood Center announced their collaboration Tuesday at the blood center’s Terre Haute location, where members of the Breastfeeding Coalition of the Wabash Valley and the Le Leche League gathered to support the partnership.

“We both provide a life-saving component for people in need,” said Amy Mason, ICB donor center specialist, noting that the blood center has existed for more than 60 years. “We see the Indiana Mothers’ Milk Bank as a younger version of ourselves.”

Premature infants in hospital neonatal intensive care units are the primary recipients of pasteurized donor human milk, which is dispensed by prescription or hospital order when the mothers’ own milk is not available.

REPORT SAYS CHANGES IN VOUCHERS FOR SCHOOLS COST INDIANA $16M

INDIANAPOLIS (AP) — An Indiana Department of Education report shows that changes to the state’s private school voucher program are costing the state roughly $16 million.

The report, which was released late Tuesday, said the voucher program saved the state $4.2 million in the 2011-2012 school year and $4.9 million in the 2012-2013 school year. But changes that allowed some students already attending private schools to begin receiving state aid ended up costing the state $15.8 million for the school year that just ended.

“The Department is committed to a transparent accounting of how taxpayer dollars are spent,” Daniel Altman, a Department of Education spokesman, said in an emailed statement. “The update [in] today’s report reflects recent growth in the Choice program.”

Voucher supporters questioned the report’s accuracy Wednesday.

Jeff Spalding, director of fiscal policy and analysis at the Friedman Foundation for Educational Choice, said there are problems with how lawmakers established the formula that determines whether vouchers save money or not.

Money for school vouchers is diverted from the state’s public school funds, but supporters note that vouchers cost an average $2,000 less than it costs for each public school student.

DELAWARE COUNTY TREASURER SAYS JUDGE ALSO MISHANDLED MONEY

MUNCIE, Ind. (AP) — A Delaware County treasurer charged with mishandling public money wants the judge overseeing his case to step aside, arguing she did the same thing.

Delaware County Treasurer John Dorer was charged in April with 47 counts, 44 of which involve failing to deposit public funds within 24 hours as required by state law.

JOHN DORER, The Star Press reported Dorer’s lawyers have Delaware filed a motion asking Delaware Circuit Court County treasurer Judge Marianne Vorhees to recuse herself.

The motion said state audits from 2005-2010 indicate that departments overseen by Delaware County’s five judges also deposited funds late.

The county prosecutor’s office said it’s reviewing the motion. It also is seeking to have Dorer removed from office.

WORK TO RESUME ON FATAL TUNNEL INDIANAPOLIS (AP) — A utility company says construction will resume today on a project to build a sewer tunnel 250 feet beneath Indianapolis where a worker was killed last week.

Citizens Energy Group spokesman Sarah Holsapple said the Indiana Occupational Safety and Health Administration never officially closed the Deep Rock Tunnel job site, saying the utility and contractor Shea-Kiewit JV stopped work out of respect to the family of 25-year-old William “Isaac” Simpson.

The Marion County coroner’s office has ruled his death an accident, saying he died Friday of a “massive crushing blunt force traumatic injury of the head” on Friday.

Citizens Energy has said no more information would be released about the accident itself until the investigation is finished.

FRAUD: Montolio, Betts to make restitution to university after charges of wire fraud

| CONTINUED FROM PAGE 1

Prizevoits was terminated Oct. 24, 2011, from her job after the university found she had made the putative investments. Her investments violated the university’s policy, including investing university funds in speculative trades.

Her compensation as of Sept. 1, 2011, was $84,437.

Prizevoits had attempted to conceal the transactions from the university by altering records after issuing them, Howard said. An example is changing a record to remove a semi-annual interest payment so that when the payment never showed up, it wouldn’t raise a red flag.

“It was a fraud, so at the end of the day, there may have been really no real investment,” Howard said. “But even if there

THE $13 MILLION LOSS After the U.S. Attorneys’ Office contacted Ball State in September 2011, the university found two cases involving investments by Gale Prizevoits, former director of cash and investments.

Prior to the investigation, Ball State had no idea the contracts existed.

2008 $8.165 MILLION

Prizevoits, representing the university, entered into three putative contracts with Seth Beoku Betts of Betts and Gambles. The contracts, dated July 3, July 24 and Dec. 9, totaled $8.165 million for buying collateralized mortgage

obligations and selling them to make a profit. Betts received a sentence June 5 for 51 months in prison for defrauding Ball State.

APRIL 27, 2010 $5 MILLION

Once again, Prizevoits created a putative contract — this time with Blackhawk Wealth Solutions Inc. for $5 million. The contract states the company would get federal Treasury STRIPS, with Ball State receiving 25 percent of the net profits.

However, $3 million of this money found its way to George Montolio of New York. This case led to his sentencing of 36 months in prison for wire fraud.

THURSDAY, JUNE 19, 2014 | THE BALL STATE DAILY NEWS | BALLSTATEDAILY.COM | PAGE 5

NEWS ODDITIES

Fierce feline confuses host of Animal Planet reality TV ‘My Cat From Hell’ tries to provide help for behavioral issues | THE ASSOCIATED PRESS PORTLAND, Ore. — In what truly epitomized the title of his TV show, “My Cat From Hell,” feline behaviorist Jackson Galaxy is calling his attempt to tame the Portland cat notorious for attacking a baby and boxing his panicked owners into a bedroom “the hardest case I have ever worked.”

It got more difficult after the happy ending for the cat named Lux soon unraveled.

In the reality show that aired last weekend, Galaxy persuades another Portland couple to take Lux while the cat is treated with antidepressants and anti-seizure medication. A veterinarian diagnosed Lux with feline hyperesthesia syndrome, which can trigger violent behavior.

But after the episode’s taping, Lux attacked his new guardians and they gave him up for their own safety.

“It was the worst letdown,” Galaxy told The Associated Press on Tuesday. “I don’t think I’ve ever had a bigger shock. This is the hardest case I have ever worked.”

But take heart, Lux supporters.

The 4-year-old cat has become Galaxy’s buddy, and the reality star said he hasn’t given up. He’s placed Lux in a veterinary clinic where the cat receives medication while undergoing treatment to try to identify what turns this feline

Dr. Jekyll into Mr. Hyde.

Lux became one of the most notorious cats in pet history after his owner called 911 on March 9 as the cat terrorized his family.

Lee Palmer told dispatchers Lux had scratched his son’s head and was out of control. The family barricaded themselves in a bedroom, and Lux could be heard screeching menacingly in the background.

Galaxy set up a series of meetings with Lux and his owners, who did not return messages seeking comment. The episode shown Saturday demonstrated the difficulty in solving the puzzle that is Lux. In their first encounter, Galaxy walks into a bedroom where the cat’s fearful owners have sequestered him. Galaxy sees Lux peeking out from behind a box. The cat’s eyes are dilated, a sign of distress. He growls.

After making eye contact at the cat’s level and offering treats, Galaxy is able to pick up Lux and put him on his lap. The cat returns Galaxy’s affection as the tattooed TV host pets him.

“I do not see a vicious cat,” Galaxy says. “I do not see a killer.”

In the show, Galaxy temporarily puts Lux in the care of another couple to see whether the cat would be violent in a different home. Lux attacked one of its new owners. A Portland veterinarian suggests Lux be medicated, and the new owners agree to take Lux back.

At first, it went well. But after the show wrapped, the couple called Galaxy to say the cat had several violent episodes.

Galaxy said the cat was a danger to them and he understands

PHOTO COURTESY OF ANIMAL PLANET

why they couldn’t keep him.

Despite the outbursts, everyone seems to fall for Lux, a longhaired cat with a sweet face.

That’s the case for Galaxy, who has dealt with thousands of difficult cats.

“I fell in love with him the second I met him,” Galaxy said. “He’s the sweetest boy in the world.”

The reality star has made saving Lux from euthanasia his personal crusade.

The cat is at a clinic — Galaxy won’t divulge the location — where specialists are trying to better understand the complicated feline. Galaxy works with them on treatment, and it’s going well so far.

The medication is starting to work. Staff members at the clinic put Lux in different social situations to see how he responds.

Galaxy hopes they can modify Lux’s behavior so the cat can someday find a home.

“I’m going to keep working

‘MY CAT FROM HELL’

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THE ASSOCIATED PRESS

MAN ATTEMPTS TO THROW FOOTBALL FULL OF DRUGS, PHONES INTO PRISON

JACKSON, Michigan — Michigan authorities say a man tried to throw a football loaded with drugs and cellphones into the yard of a state prison.

State Trooper Toby Baker said Sunday’s throw in Jackson fell short, with the football landing between two fences, not in the yard where prisoners exercise.

An officer at the G. Robert Cotton Correctional Facility saw the man throw the football, and officers arrested the suspect.

The Detroit Free Press and the Jackson Citizen-Patriot said the ball contained heroin, marijuana, tobacco, three cellphones and chargers.

Twenty-two-year-old Christen D. Moore was arraigned Tuesday in Jackson District Court on contraband charges and ordered jailed on a $50,000 bond. His probable-cause hearing is June 30.

The Associated Press left a message with the court seeking information on whether he has a lawyer.

LUX

The 4-year-old cat made headlines March 9. His owner, Lee Palmer, called 911 and told the dispatchers that the cat scratched his baby’s head and was out of control. The family barricaded themselves in a bedroom, and Lux could be heard screeching menacingly in the background. with this cat,” Galaxy said. “I’ve got to be sure I give him the best shot.”

–

THE ASSOCIATED PRESS

Are you giving something away?

New Category in the DN Classifieds!

Absolutely Free

DN Classifieds 160

–

Jackson Galaxy, a cat behaviorist, hosts the reality TV show on Animal Planet.

Galaxy visits cat owners and tries to resolve behavioral issues between the owners and the cats or other pets.

The show is on its fourth season.

FREE! FREE! FREE! ABSOLUTELY FREE!

Make checks payable to: The Ball State Daily News

Help Wanted

SAN MARINO, Calif. — The doo-doo has gotten too deep for the mayor of a wealthy Los Angeles suburb who flung dog poop onto a political opponent’s property.

The Pasadena Star-News reported San Marino Mayor Dennis Kneier resigned Tuesday after outcry from residents who say he smeared their image.

During a City Council meeting June 11, San Marino residents blasted Kneier and called DENNIS KNEIER, for him to step down, even though he has a California apologized, saying he should have disposed mayor, resigned of the dog waste properly. after tossing Police cited him for littering, which can car- dog waste on opponent’s ry a fine of up to $1,000.

Kneier remains on the City Council. Coun- property cilman Eugene Sun will serve as mayor.

Kneier said he was walking home from a park at night with his wife June 7 in the upscale Los Angeles suburb when they found the bag on a parkway.

He said he picked it up and tossed it onto a walkway of political opponent Philip Lao. There is no police record of problems between the men, although Lao does oppose a dog park in the city.

Lao recognized the mayor on surveillance video and called police.

Video of the incident went viral.

In his resignation letter, Kneier says his actions were inconsiderate and disrespectful and he’s stepping down because the event continues to be embarrassing to him and to the city.

Lux appears on “My Cat From Hell.” The 4-year-old cat terrorized his family March 9 after scratching the baby and cornering his owners in a bedroom while they called 911.

Don’t forget your friend’s birthday!

Send a classified birthday wish in the Daily News!

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MAYOR RESIGNS AFTER FLINGING POOP

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Bicycles

ON CAMPUS bike tagging for abandoned bikes begins the week of June 16. Removal starts July 1.

Get connected with campus Today’s Birthday (06/19/14).

Focus on passion this year. Savor a quest for truth.

Revise longterm goals, with Neptune and Mercury retrograde. Enthusiasm and fortune bless your finances until July 16, when the focus shifts to messaging. Plan a campaign, and promote your game.

Consider what others want and need.

October eclipses empower group participation. Work together for what you love.

To get the advantage, check the day’s rating: 10 is the easiest day, 0 the most challenging.

Aries (March 21-April 19) Today is a 6. Decrease financial risk to avoid hidden danger. Choose for family.

If it goes against your grain, turn it down. Forgive miscommunications, and ignore gossip. Your energy grows with the Moon in your sign today and tomorrow.

Leo (July 23-Aug. 22) Today is an 8. Leave your money in the bank and find clever, inexpensive promotional ideas. Talk is cheap. New developments change the assignment. You’d rather play than work today and tomorrow. Get outside with loved ones.

Taurus (April 20-May 20) Today is a 7. Accommodate another’s demands without spending a fortune. Listen, learn, and stick up for your point of view. A profitable opportunity arises over the next two days. Let go of how you think it’s supposed to go.

Virgo (Aug. 23-Sept. 22) Today is an 8. Don’t buy gifts for loved ones yet. Meditate on it first. Increase the organizational level to avoid losing important information. Let go of a preconception. Pour energy into work and health today and tomorrow.

Gemini (May 21-June 20) Today is a 7. Intention works better than argument. Let go of your opinion, and aim for results. Reschedule lower-priority objectives to focus on an urgency. Talk over your concerns.

Despite misunderstandings, success comes through communication today and tomorrow.

Libra (Sept. 23-Oct. 22) Today is a 7. The action’s behind the scenes today and tomorrow. You can’t do everything. Work with partners for best results. Write news releases, and issue statements after tomorrow. Be receptive to input from your team.

Cancer (June 21-July 22) Today is an 8. Discuss how to manage new work. Move quickly to avoid mistakes.

Delegate to your team. Angels guide your efforts. Make improvements at home today and tomorrow. Make the necessary decisions together.

Scorpio (Oct. 23-Nov. 21) Today is a 7. Verify data and let problems sort themselves out. Don’t share picky details with friends who don’t need to know. Handle administrative paperwork and update plans today and tomorrow. Increase your family holdings through communications.

Sagittarius (Nov. 22-Dec. 21) Today is an 8.

Modifications may be required. Grow your influence (and savings) with prudence. A discussion about money could get unpleasant. Read contracts thoroughly. Travel and adventure sure sounds good. Invite someone interesting along for the ride.

Capricorn (Dec. 22-Jan. 19) Today is a 7. Things don’t work as expected. Avoid travel and transportation. Hold your temper and delegate obligations so you can focus.

If you don’t know what to say, stay quiet. Slow and steady wins today and tomorrow.

Aquarius (Jan. 20-Feb. 18) Today is an 8. Slow, certain steps make progress. Keep practicing. Ignore criticism for now. Avoid risky propositions and nebulous business.

Money’s tight, so stick with reliable clients. Friends have solutions today and tomorrow. Use your connections.

Pisces (Feb. 19-March 20) Today is a 7. Resist temptation to blow off responsibilities. Duty calls.

Decrease stress with short, frequent nature breaks. Let your partner do the talking. Meditation and introspection reveal hidden treasures today and tomorrow. Study under a tree.

(c) 2007, Tribune Media Services Inc. Distributed by McClatchyTribune Information Services.

B A L L S T A T E D A I L Y . C O M

PAGE 6 | THURSDAY, JUNE 19, 2014 | THE BALL STATE DAILY NEWS | BALLSTATEDAILY.COM

NEWSFEATURES FEATURES@BSUDAILYNEWS.COM TWITTER.COM/DN_FEATURES

WEEKEND RELEASE “JERSEY BOYS” (R)

DIRECTOR Clint Eastwood CAST Christopher Walken, John Lloyd Young, Erich Bergen RUNTIME 134 minutes

“Jersey Boys” is the story of four young men from the wrong side of the tracks in New Jersey. The men eventually came together to form the iconic 1960s rock group The Four Seasons.

FRIDAY’S SHOWTIMES: AT AMC 12 IN MUNCIE 1:40 p.m., 4:45 p.m., 7:50 p.m. and 10:30 p.m.

THINGS TO DO FRIDAY Open mic night 9-12 p.m. at Valhalla SATURDAY Radio Cologne, Sons of Hippies, Time Cat and Action Camp 8 p.m.-2 a.m. at Be Here Now Donation only show for 21+, $5 under 21 $7 big PBR pitchers $6 Rogue Bombers $4 Dirty Hippy Punch $3 Select Euro bottles $2 Moscato SUNDAY Disney’s “My Son Pinocchio” 2 p.m. at Muncie Civic Theatre Tickets are $15 for adults, $12 for groups of 10 or more, $10 for students and children

BAR CRAWL SAVAGE’S ALE HOUSE Thursday $1 off Three Floyd pints Friday $1 off select featured draft line Saturday $1 off Upland Sunday $1 off Founders SCOTTY’S BREWHOUSE Thursday $2.50 all draft pints $10 off bottle of wine Friday $20 101-ounce domestic table top taps $25 101-ounce Thr3e Wise Men table top taps Saturday $6 48-ounce Lime-a-Rita and Straw-Ber-Rita pitchers $20 101-ounce domestic table top taps $25 101-ounce Thr3e Wise Men table top taps $6 Thr3e Wise Men bullet fills $10 Thr3e Wise Men growler fills Sunday $2.50 Thr3e Wise Men pints $6 48-ounce Lime-a-rita and Straw-Ber-Rita pitchers THE LOCKER ROOM Thursday $2 cans $2 Long Island Iced Tea $3.50 Jägerbomb Friday $3 U-calls $10 Redds buckets $6 Red Bull Vodka pitchers $8 Captain pitchers Saturday $3 whiskey U-calls $3.50 Vegas Bombs $2.50 Coronas $10 domestic buckets $3 Long Island Iced Tea Sunday $2 wells $5 domestic pitcher $5 premium pitcher $5 premium mini pitcher $1 Locker Room pints

Ball State’s campus has hosted the not-for-profit arts and music advocacy group’s event for four years.

“Over the years, Muncie, Ind., has become a mecca for music student leadership,” Fran Kick, leadership coordinator for Music for All, said.

This year’s camp runs from Saturday until June 28.

“What attracted us to Ball State is the amazing facilities and the gorgeous camp,” Fortune said.

“The faculty and staff we work with are just great to work with.

Some are going to be working with the students and directors.”

The camp will begin Saturday, where student leaders will take part in a leadership event. Most schools don’t have time to teach students how to be leaders, Kick said.

“This is one of those camps that it’s not about the title,” Kick said. “It’s a way to teach it in a practical and pragmatic way.”

One example of this way of learning will be the group’s trip to see a horse whisperer. Students will learn that no matter how much you yell at a person to do something, you cannot make them do it. As the saying goes, “You can lead a horse to water, but you can’t make it drink.”

Kick said Music for All teaches children through metaphors because it makes the knowledge stick.

Each evening during the week, Music for All will provide a concert series for the public that features various groups, including Atlantic Brass Quintet, Christian Howes and Southern Exposure and Drum Corps International.

PHOTOS PROVIDED BY MUSIC FOR ALL

DN FILE PHOTO JORDAN HUFFER

Members of Music For All perform with members of The Cavaliers at last year’s Drum Corps International performance June 28, 2013, in Scheumann Stadium.

Hillary Clinton book sales top 100,000 in 1st week Former first lady publishes account of time in office | THE ASSOCIATED PRESS NEW YORK — Hillary Rodham Clinton’s “Hard Choices” sold more than 100,000 copies during its opening week, its publisher told The Associated Press on Wednesday.

“We’re elated,” said Simon & Schuster’s president and publisher, Jonathan Karp, who declined to offer a more specific sales figure. “This book is on a trajectory to be the best-selling nonfiction book of the year.”

“Hard Choices” sold well enough to earn the coveted No. 1 spot on the nonfiction hardcover list of The New York Times that comes out June 29. But its debut was also far slower than that for her previous memoir, “Living History,” which sold around 600,000 copies during its

first week.

One likely difference: “Living History,” published in 2003, included her first extended comments on the affair between President Bill Clinton and White House intern Monica Lewinsky.

Anticipation for “Hard Choices,” which covers her four years as secretary of state, focused more on whether it would include any hints that she was running for president.

“Hard Choices,” which also included little about her contentious primary campaign against Barack Obama in 2008, ends with Clinton saying she is still undecided about seeking the presidency again.

Karp noted another possible reason that first-week sales were stronger for “Living History”: It was a memoir by a former first lady as opposed to a book about being secretary of state.

“First lady memoirs are always immense and immedi-

ate best-sellers,” said Karp.

Both of Clinton’s memoirs have received mixed reviews, although that has not discouraged her most devoted fans, some camping outside of bookstores for signings.

Compared with “Living History,” the new book came out in a far more difficult environment for nonfiction releases, which still sell primarily through paper editions. Since 2003, the Borders superstore chain has shut down and Barnes & Noble has been cutting back its physical presence.

E-books, virtually nonexistent in 2003, now account for about 30 percent of the market, and often much higher for fiction.

“There are fewer places to buy books,” said Karp, who added that the “solid majority” of sales for Clinton’s 680.

As of Wednesday afternoon, “Hard Choices” was No. 4 on the best-seller lists for both Amazon.com and Barnes & Noble.com.

JUDGE TOSSES COPYRIGHT LAWSUIT

CHICAGO (AP) — A federal judge has dismissed a copyright lawsuit against Lady Gaga filed by a Chicago songwriter who accused her of stealing parts of one of her songs.

Rebecca Francescatti filed the suit in U.S. District Court in Chicago in 2011, alleging that Lady Gaga had copied music and the title lyric from her 1998 song “Juda.”

Gaga’s 2011 song is called “Judas.”

Judge Marvin Aspen ruled this week that the songs do not have common lyrics, have different themes and sound nothing alike musically.

The judge also concluded there was not enough evidence that Gaga could have heard or known about Francescatti’s song before publishing “Judas.”

Aspen writes that the songs “are so utterly dissimilar that reasonable minds could not differ as to a lack of substantial similarity between them.”

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THE ASSOCIATED PRESS

UNIVERSAL: NEW HARRY POTTER AREA ORLANDO, Fla. (AP) — The new “Harry Potter”-themed area at Universal Orlando Resort is set to open early next month.

Universal officials announced Wednesday that the new “Harry Potter” attraction at Universal Studios Park will open July 8. It will double the size of the magical world’s landscape in the park and will be tied via the Hogwarts Express train to the original Wizarding World of Harry Potter at Universal’s Island of Adventure.

The new area’s centerpiece ride, Harry Potter and the Escape from Gringotts, will take visitors into the goblin bank to help retrieve a magical object and re-create a scene from the popular book and movie series.

If fans want to see both parks, a two-park ticket is required. For adults, a two-park ticket for one day costs $136; for children, it’s $130.

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THE ASSOCIATED PRESS