Squatter, Bank of America Battle for $2.5M Mansion

Bank of America is taking a Florida man to court after he attempted to use an antiquated state law to legally take possession of a $2.5 million mansion that is currently owned by the bank.

Andre "Loki" Barbosa has lived in a five-bedroom Boca Raton, Fla., waterside property since July, and police have reportedly been unable to remove him.

The Brazilian national, 23, who reportedly refers to himself as "Loki Boy," cites Florida's "adverse possession" law, in which a party may acquire title from another by openly occupying their land and paying real property tax for at least seven years.

The house is listed as being owned by Bank of America as of July 2012, and that an adverse possession was filed in July. After Bank of America foreclosed on the property last year, the Palm Beach County Property Appraiser's Office was notified that Barbosa would be moving in, according to the South Florida Sun-Sentinel.

The Sun-Sentinel reported that he posted a notice in the front window of the house naming him as a "living beneficiary to the Divine Estate being superior of commerce and usury."
On Facebook, a man named Andre Barbosa calls the property "Templo de Kamisamar."

After Barbosa gained national attention for his brazen attempt, Bank of America filed an injunction on Jan. 23 to evict Barbosa and eight unidentified occupants.

In the civil complaint, Bank of America said Barbosa and other tenants "unlawfully entered the property" and "refused to permit the Plaintiff agents entry, use, and possession of its property." In addition to eviction, Bank of America is asking for $15,000 in damages to be paid to cover attorney's expenses.

Police were called Dec. 26 to the home but did not remove Barbosa, according to the Sentinel. Barbosa reportedly presented authorities with the adverse possession paperwork at the time.

Mark Potok, a senior fellow at the Southern Povery Law Center, says police officers may be disinclined to take action even if they are presented with paperwork that is invalid.

"A police officer walks up to someone who is claiming a house now belongs to him, without any basis at all, is handed a big sheaf of documents, which are incomprehensible," Potok said. "I think very often the officers ultimately feel that they're forced to go back to headquarters and try to figure out what's going on before they can actually toss someone in the slammer."

A neighbor of the Boca property, who asked not be named, told ABCNews.com that he entered the empty home just before Christmas to find four people inside, one of whom said the group is establishing an embassy for their mission, and that families would be moving in and out of the property. Barbosa was also among them.

The neighbor said he believes that Barbosa is a "patsy."

"This young guy is caught up in this thing," the neighbor said. "I think it's going on on a bigger scale."

Barbosa could not be reached for comment.

The neighbor said that although the lights have been turned on at the house, the water has not, adding that this makes it clear it is not a permanent residence. The neighbor also said the form posted in the window is "total gibberish," which indicated that the house is an embassy, and that those who enter must present two forms of identification, and respect the rights of its indigenous people.

"I think it's a group of people that see an opportunity to get some money from the bank," the neighbor said. "If they're going to hold the house ransom, then the bank is going to have to go through an eviction process.

"They're taking advantage of banks, where the right hand doesn't know where the left hand is," the neighbor said. "They can't clap."

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Court says Obama exceeded authority in making appointments

President Obama exceeded his constitutional authority by making appointments when the Senate was on a break last year, a federal appeals court ruled Friday. The court’s broad ruling would sharply limit the power that presidents throughout history have used to make recess appointments in the face of Senate opposition and inaction.

A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit flatly rejected the Obama administration’s rationale for appointing three members of the National Labor Relations Board (NLRB) while the Senate was on a holiday break.

Chief Judge David B. Sentelle sharply criticized the administration’s interpretation of when recess appointments may be made, saying it would give the president “free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction.” He added, “This cannot be the law.”

The issue seems certain to end up before the Supreme Court, which ultimately could clarify a president’s authority to fill his administration and appoint federal judges when a minority of the Senate blocks consideration of his choices.

Although recess appointments have been made throughout the nation’s history, they have been more commonly made by modern presidents who face partisan opposition that has made it hard for nominees to even receive a vote in the Senate.

Additionally, Friday’s decision casts doubt on hundreds of decisions the NLRB has made in the past year, ranging from enforcement of collective-bargaining agreements to rulings on the rights of workers to use social media.

The ruling also raises questions about the recess appointment of former Ohio attorney general Richard Cordray to head the fledgling Consumer Financial Protection Bureau and about the actions taken by the agency during his tenure, including major new rules governing the mortgage industry. Obama named Cordray at the same time as the NLRB nominees, and his appointment is the subject of a separate lawsuit in D.C. federal court.

The White House criticized the court ruling. “The decision is novel and unprecedented, and it contradicts 150 years of practice by Democratic and Republican administrations,” White House press secretary Jay Carney told reporters Friday. “We respectfully but strongly disagree with the ruling.”

Presidents from both parties have made hundreds of recess appointments when the Senate has failed to act on nominations. Ronald Reagan holds the record with 243. Obama’s predecessor, George W. Bush, made 105, and it was during his term that Senate Democrats began holding pro-forma sessions, some lasting less than a minute, when the Senate went on break. They contended that that kept the Senate in session and did not allow Bush to make recess appointments.

Republicans took up the practice when Obama was elected. But Obama decided to challenge it in January 2012, when the Senate was on a 20-day holiday but holding pro-forma sessions every three business days to block presidential action.

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Cycling: Armstrong lied to Oprah, says doping chief

LOS ANGELES: Lance Armstrong lied in his confessional interview with Oprah Winfrey and the shamed cyclist has two weeks to finally come clean, the US anti-doping official who pursued him for years has said.

Travis Tygart said in an excerpt of an interview with the CBS network that Armstrong failed to tell Winfrey the truth about several key points over doping -- including a claim that he raced drug-free in his comeback in 2009 and 2010.

Tygart, the US Anti-Doping Agency (USADA) chief, said he has written to Armstrong to say that if he wants to lessen his lifetime sporting ban he must "cooperate fully and truthfully" by February 6, about drug-taking in the sport.

It is not clear if cooperation from Armstrong, who was stripped of all seven of his Tour De France wins last year, could take the form of testimony before a truth and reconciliation commission.

The International Cycling Union (UCI), which is under pressure from the World Anti-Doping Agency and USADA, on Friday agreed that such a platform would benefit the drug-damaged sport after a series of devastating doping cases.

Armstrong, a cancer survivor who during the Oprah interview admitted doping for the first time after years of vehement denials, said he would be willing to testify before such a commission if he were invited.

He also said that his record seven wins in the tour -- between 1999-2005 -- were fueled by performance enhancing drugs but insisted he was clean when he came out of retirement and raced in the Tour de France in 2009 and 2010.

Tygart, however, in the CBS interview which will air in full on "60 Minutes" on Sunday, said the latter claim is "just contrary to the evidence".

According to Tygart, expert reports based on the variation of Armstrong's blood values in 2009 and 2010 make it a "one to a million chance that it was due to something other than doping".

The USADA chief reiterated the assertions in the report issued last year by the agency on which it based its lifetime ban of Armstrong and the forfeiture of all his cycling results from August 1998.

The report led to Armstrong's demise after more than a decade of denials that he was a drug cheat during which he pursued a series of vitriolic attacks against several individuals who had accused him of doping.

Tygart told CBS that Armstrong may have lied about doping after his comeback because under the statute of limitations for criminal fraud, he would still be open to prosecution.

He also took issue with Armstrong's claim that the disgraced Texan's favored drug cocktail of blood-boosting EPO, blood transfusions and testosterone included just a small amount of EPO.

"He used a lot of EPO," Tygart told "60 Minutes", alleging that Armstrong was less than truthful when he told Winfrey that he had not pushed his teammates toward cheating.

"He was the boss," Tygart said in the excerpt.

"The evidence is clear he was one of the ringleaders of this conspiracy that pulled off this grand heist that... using tens of millions of taxpayer dollars defrauded millions of sports fans and his fellow competitors."

In the second segment of his interview with Winfrey, which aired over two nights on January 18-19, the 41-year-old Armstrong said he wants to compete again in sport -- perhaps marathons.

Immediately after Armstrong's first confession aired last week Tygart responded by saying that the former cyclist must testify under oath to have any hope of reducing his sanction.

"His admission that he doped throughout his career is a small step in the right direction," Tygart said.

"But if he is sincere in his desire to correct his past mistakes, he will testify under oath about the full extent of his doping activities."

- AFP/fa

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Cultural heritage, military might on display at Republic Day parade

NEW DELHI: A kaleidoscopic view of the country's rich cultural heritage and military prowess were on display at the 64th Republic Day parade on Saturday on the 8-km stretch from Rajpath to Red Fort.

An eager audience on both sides of the imposing Rajpath, the country's ceremonial boulevard facing the seat of power Raisina Hills, braved the winter chill and cheered loudly as the parade went past them portraying the rich and diverse culture of the country.

The icing on the cake was the 5,500-5,800 km ballistic Agni-V missile mounted on a road mobile launcher which was paraded by the Defence Research & Development Organisation as the crowd lapped it up with loud cheer.

General Officer Commanding (Delhi) Lt General Subroto Mitra led the synchronised military and police contingents as they marched to the cheerful tunes of bands through the 2-km Rajpath where President Pranab Mukherjee, also the Supreme Commander of the Armed Forces, took the salute for the first time after assuming office in July last year.

The impressive march-past was watched by the chief guest, Bhutan king Jigme Khesar Namgyel Wangchuck, Vice President Hamid Ansari, Prime Minister Manmohan Singh, Defence Minister A K Antony, UPA Chairperson Sonia Gandhi, and top political and military brass.

Police and other paramilitary forces turned Delhi into a a virtual fortress for the Republic Day celebrations as helicopters scanned from air, snipers kept a hawk-eye vigil from rooftops and armed personnel at every nook and corner provided a ground-to-air security apparatus.

Minutes before the parade began, Singh, Antony and chiefs of Army, Navy and Air Force laid wreaths at 'Amar Jawan Jyoti', an eternal flame in the memory of those who laid down their lives while defending the nation.

After the customary 21-gun salute and unfurling of the national tricolour by President Mukherjee, the spectacle began with four army helicopters flying above Rajpath carrying the national flag and the three flags of the Army, Navy and Air Force.

The country showed its military strength with the MBT Arjun Tank, Armoured Ambulance Tracked Vehicle, BrahMos missiles and 214 mm Pinaka rockets, 15 Metre Sarvatra Bridging System.

The Army contingent from horse-mounted columns of the 61st Cavalry, Mechanised Infantry Regiment, Maratha Light Infantry, Dogra Regiment, Garhwal Rifles, Ladakh Scouts, 8 Gorkha Training Centre, Army Ordnance Corps and Territorial Army (Punjab) marched to the martial tunes.

The next to follow were smartly-dressed Navy personnel and then the Air Force contingent. The Air Force contingent was led by Flight Lieutenant Heena Pore.

A mini version of INS Vikramaditya which will join the Naval fleet by the end of this year was also part of the parade which highlighted Indian Navy's blue water operating capability.

The DRDO displayed the Armoured Amphibious Dozer (AAD), an indigenously developed versatile Combat Engineer support equipment with excellent earth moving and amphibious capabilities in varied terrain. Airborne Early Warning and Control System and Naval Sonar were also displayed.

Other marching contingents were those of camel-mounted BSF, Assam Rifles, Coast Guard, CRPF, ITBP, CISF, SSB, RPF, Delhi Police, NCC and NSS.

As the country's armed and police forces demonstrated their might, states and different departments put up an impressive show when they showcased their rich cultural diversity in full display in 19 tableaux -- 14 from states and five from ministries. '

This year, the number of tableaux has been reduced to 19 from last year's 23.

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Pictures: The Story Behind Sun Dogs, Penitent Ice, and More

Photograph by Art Wolfe, Getty Images

If you want the beauty of winter without having to brave the bone-chilling temperatures blasting much of the United States this week, snuggle into a soft blanket, grab a warm beverage, and curl up with some of these natural frozen wonders.

Nieve penitente, or penitent snow, are collections of spires that resemble robed monks—or penitents. They are flattened columns of snow wider at the base than at the tip and can range in height from 3 to 20 feet (1 to 6 meters). The picture above shows the phenomenon in central Chile. (See pictures of the patterns in snow and ice.)

Nieve penitente tend to form in shallow valleys where the snow is deep and the sun doesn't shine at too steep an angle, said Kenneth Libbrecht, a physicist at the California Institute of Technology in Pasadena who studies ice crystal formation.

As the snow melts, dirt gets mixed in with the runoff and collects in little pools here and there, he said. Since the dirt is darker in color than the surrounding snow, the dirty areas melt faster "and you end up digging these pits," explained Libbrecht.

"They tend to form at high altitude," he said. But other than that, no one really knows the exact conditions that are needed to form penitent snow.

"They're fairly strong," Libbrecht said. "People have found [the spires] difficult to hike through."

—Jane J. Lee

Published January 25, 2013

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WH, Senators to Begin Push on Immigration Reform

The White House and a bipartisan group of senators next week plan to begin their efforts to push for comprehensive immigration reform.

President Barack Obama will make an announcement on immigration during a Tuesday trip to Las Vegas, Nevada, the White House said on Friday. The Senate group is expected make their plans public around the same time, the Associated Press reported.

See Also: Where Do Labor Unions Stand on Immigration?

For Obama, immigration reform is a campaign promise that has remained unfulfilled from his first White House run in 2008. During his 2012 re-election campaign, the president vowed to renew his effort to overhaul the nation's immigration system. It has long been expected that Obama would roll out his plans shortly after his inauguration.

The president's trip to Las Vegas is designed "to redouble the administration's efforts to work with Congress to fix the broken immigration system this year," the White House said.

Ever since November's election, in which Latino voters turned out in record numbers, Republicans and Democrats have expressed a desire to work on immigration reform. Obama has long supported a bill that would make many of the nation's 11 million undocumented immigrants without criminal records eligible to apply for an earned pathway to citizenship, which includes paying fines and learning English.

Charles Dharapak/AP Photo

But the debate over a pathway to citizenship is expected to be contentious. Other flashpoints in an immigration reform push could include a guest-worker program, workplace enforcement efforts, border security, and immigration backlogs.

In a statement, the White House said that "any legislation must include a path to earned citizenship."

Ahead of his immigration push next week, Obama met today with a group of lawmakers from the Congressional Hispanic Caucus (CHC), including chairman Rubén Hinojosa (D-Texas) , Sen. Bob Menendez (D-N.J.), Democratic Caucus Chair Rep. Xavier Becerra (D-Calif.), and CHC Immigration Task Force Chair Rep. Luis Gutierrez (D-Ill.), the latter's office said. CHC members are expected to play a pivotal role in the debate.

"The president is the quarterback and he will direct the team, call the play, and be pivotal if we succeed. I am very optimistic based on conversations with Republicans in the House and Senate that we will do more than just talk about the immigration issue this year," Gutierrez said in a statement following the CHC meeting with Obama. "The president putting his full weight and attention behind getting a bill signed into law is tremendously helpful. We need the president and the American people all putting pressure on the Congress to act because nothing happens in the Capitol without people pushing from the outside."

A bipartisan group of eight senators, which includes Menendez, has also begun talks on drafting an immigration bill and will play an integral part in the process of passing a bill through Congress. Sen. Marco Rubio (R-Fla.), who has been participating in talks with others senators, has also unveiled his own outline for an immigration proposal.

The group of senators have reportedly eyed Friday as the date when they'll unveil their separate proposal, according to the Washington Post.

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OPM plans to shake up charity program raise concerns about reduced donations

The Office of Personnel Management wants to shake up the Combined Federal Campaign (CFC), the charitable-giving system for federal employees, but in the process the agency could risk losing donors and reducing contributions.

One rule under review by the Obama administration would “eliminate the use of cash, check and money order contributions. Instead, all donations will be required to be made through electronic means.”

This could “streamline the operations,” as proposed rules from OPM suggest, but whether it also would “increase the effectiveness of the program to ensure its continued growth and success” is questionable.

The reason: In 2011, the last year for which OPM data are available, just 22 percent of the money pledged was donated electronically. Moreover, 88.4 percent of the donors did not make electronic contributions.

So, a move to electronic-only donations would seem to put CFC at risk of losing a majority of its donors. The proposal worries executives of some charitable organizations, even as they welcome other sections of the plan.

Federal employees contribute through the CFC to various charities. Donations exceeded $272 million in 2011. That’s a lot of money, but it represents a drop of almost $10 million from 2009, the high point.

An OPM spokeswoman said the agency does not comment on rules under review. In the 53-page document that contains the proposed regulations, however, OPM Director John Berry wrote:

“These proposed changes will introduce efficiencies and cost savings into the CFC by leveraging technology that was not widely available just a few years ago. They will make the CFC more efficient, more transparent, more accountable and more relevant to Federal, Postal and military service personnel who want to make the biggest impact with their donations.”

Scott Jackson, chief executive of Global Impact, said electronic giving can save $14 a pledge, by reducing processing costs.

“That’s very, very powerful,” he added. How the change to electronic-only contributions might effect donations presents “important issues to work through,” he said. Global Impact administers the overseas campaign of the CFC.

Those issues leave Stephen M. Delfin “highly concerned.” He is president and chief executive of America’s Charities, a group that works with CFC organizations. Delfin said he is worried that the rules, previously reported by the Federal Times, could result in lower donations.

“You have to be careful,” he said. “Technology is not a panacea.”

Marshall Strauss, chief executive of the Workplace Giving Alliance, a consortium of CFC federations, agreed. Although he thinks “electronic donations are an excellent addition to the campaign,” he said he worries that relying solely on that “may dramatically reduce the number of people giving and the overall receipts of the campaign. Many thousands of people prefer to give by check or even cash, and we would hope the government would preserve these options.”

In addition to electronic-only giving, Delfin and others have concerns about a proposal to eliminate 184 local CFC committees in favor of fewer and larger regional panels.

This would require “a reduced number of Federal personnel for oversight purposes,” according to the plan.

But it also would diminish the sense of community that charitable leaders say is crucial in motivating individuals to give.

Dumping the local committees will shrink the “person-to-person feeling of the campaign, which is very, very important,” said Kalman Stein, president and CEO of EarthShare, which was recently selected to administer the Combined Federal Campaign of the National Capital Area.

Stein said that he doesn’t think OPM understands “how critical that local component is” and that he is “very concerned the campaign will decline precipitously” if the Local Federal Coordinating Committees are eliminated.

“Our history shows that more consolidation leads to less donations,” said Stein, who, along with Strauss, was a member of the CFC-50 Commission. The commission, formed in 2011 to mark CFC’s 50th anniversary, issued a report last year. A number of its recommendations were incorporated into OPM’s proposals.

But Stein said consolidating the local committees into regional ones would go “way beyond the commission’s recommendations.”

The commission said its 24 recommendations were designed to further encourage a “history of giving” by federal employees, who have “set the standard for workplace giving to charitable organizations.”

But the recent decrease in donations “is a cause for concern,” the report said.

Now there is concern that parts of the OPM plan could make the situation worse.

Previous columns by Joe Davidson are available at wapo.st/JoeDavidson.

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Sri Lanka bans women from being maids abroad

COLOMBO: Sri Lanka has said that it would bar women of all ages from travelling abroad to work in menial jobs, following the beheading of a young nanny in Saudi Arabia.

Information Minister Keheliya Rambukwella announced that women under 25 were now banned from going to the Arab state to work as maids, adding that it was the first step towards a worldwide travel ban for low-paying jobs.

The move was in response to the execution earlier this month at a prison in Riyadh of Sri Lankan maid Rizana Nafik, who was only 17 when she was charged with smothering a four-month-old baby in Saudi Arabia in 2005.

"As a first step we are raising the age limit to 25. We will gradually move towards a total ban on our women going abroad to do low-paying jobs," Rambukwella told reporters.

He did not say by when the total ban would kick in, but said the authorities have started to discourage women from going to the Middle East, especially Saudi Arabia where most maids are paid less than $300 a month.

Nafik was beheaded after she was found guilty of smothering an infant in her care after an argument with the child's mother, the Saudi interior ministry has said.

The US and the United Nations led international condemnation of the Saudi authorities over the January 9 execution.

Nearly 1.7 million Sri Lankans are employed abroad and the $6 billion they sent home last year is a key source of foreign exchange for the government.

- AFP/sf

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Headley's sentencing is on expected lines: Indian officials

NEW DELHI: Indian agencies may be disappointed of leniency shown by US prosecutors to David Coleman Headley which spared him of death penalty but they are not shocked with the 35 years jail term for him by the American court as they think the 26/11 accused had ensured to escape from capital punishment long ago when he had entered into plea bargaining with the FBI.

Headley had, in fact, pleaded guilty on all 12 counts including his role in Mumbai terror attack only after getting such assurance during plea bargaining.

He, in lieu of this concession, had promised cooperation with US agency.

Officials here said that it was quite clear that Headley would not be handed death sentence nor he would be extradited to India as he had got this specific assurance in lieu of his cooperation immediately after his indictment by the FBI.

Considering this, the officials said, the 35 year jail term followed by supervised release for life seemed sufficient. This is exactly what they had expected from the US court, taking in view the Headley's plea bargaining deal, they added.

India is likely to formally react to the sentencing later on Friday.

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Deformed Dolphin Accepted Into New Family

In 2011, behavioral ecologists Alexander Wilson and Jens Krause of the Leibniz-Institute of Freshwater Ecology and Inland Fisheries in Germany were surprised to discover that a group of sperm whales (Physeter macrocephalus)—animals not usually known for forging bonds with other species—had taken in an adult bottlenose dolphin (Tursiops truncatus).

The researchers observed the group in the ocean surrounding the Azores (map)—about 1,000 miles (1,600 kilometers) off the coast of Lisbon, Portugal—for eight days as the dolphin traveled, foraged, and played with both the adult whales and their calves. When the dolphin rubbed its body against the whales, they would sometimes return the gesture.

Among terrestrial animals, cross-species interactions are not uncommon. These mostly temporary alliances are forged for foraging benefits and protection against predators, said Wilson.

They could also be satisfying a desire for the company of other animals, added marine biologist John Francis, vice president for research, conservation, and exploration at the National Geographic Society (the Society owns National Geographic News).

Photographs of dogs nursing tiger cubs, stories of a signing gorilla adopting a pet cat, and videos of a leopard caring for a baby baboon have long circulated the Web and caught national attention.

A Rare Alliance

And although dolphins are known for being sociable animals, Wilson called the alliance between sperm whale and bottlenose dolphin rare, as it has never, to his knowledge, been witnessed before.

This association may have started with something called bow riding, a common behavior among dolphins during which they ride the pressure waves generated by the bow of a ship or, in this case, whales, suggested Francis.

"Hanging around slower creatures to catch a ride might have been the first advantage [of such behavior]," he said, adding that this may have also started out as simply a playful encounter.

Wilson suggested that the dolphin's peculiar spinal shape made it more likely to initiate an interaction with the large and slow-moving whales. "Perhaps it could not keep up with or was picked on by other members of its dolphin group," he said in an email.

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But the "million-dollar question," as Wilson puts it, is why the whales accepted the lone dolphin. Among several theories presented in an upcoming paper in Aquatic Mammals describing the scientists' observations, they propose that the dolphin may have been regarded as nonthreatening and that it was accepted by default because of the way adult sperm whales "babysit" their calves.

Sperm whales alternate their dives between group members, always leaving one adult near the surface to watch the juveniles. "What is likely is that the presence of the calves—which cannot dive very deep or for very long—allowed the dolphin to maintain contact with the group," Wilson said.

Wilson doesn't believe the dolphin approached the sperm whales for help in protecting itself from predators, since there aren't many dolphin predators in the waters surrounding the Azores.

But Francis was not so quick to discount the idea. "I don't buy that there is no predator in the lifelong experience of the whales and dolphins frequenting the Azores," he said.

He suggested that it could be just as possible that the sperm whales accepted the dolphin for added protection against their own predators, like the killer whale (Orcinus orca), while traveling. "They see killer whales off the Azores, and while they may not be around regularly, it does not take a lot of encounters to make [other] whales defensive," he said.

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