liz: time to go "off the desk". a birthday can be made great by the power of social media. new research shows social media messages lots of them. melissa: i'm melissa francis and here's what's "money" tonight. exclusive interview with bernie madoff. he is making shocking accusations and naming names. but should we buy any of it? plus, before you get on a plane would you rent out your car to a complete stranger. our breakthrough idea hopes to give hertz and avis a run for their money. we have the ceo behind it. who made money today? investors in a company that many thought couldn't even be saved. keep watching to find out. even when they say it is not, it is always about money. >> i'm interested in who is going to jail.

there are specific laws that pertain to irs employees. and, the attorney general indicated as such earlier this week. there's a serious problem and i think it is our job to get to the bottom of it. melissa: whoa, house speaker john boehner wants jail time in the irs scandal but were any laws actually broken? joining me for more on this, attorney jennifer bonjean and former federal prosecutor fred tease see, thanks for joining us. >> thank you. >> fred, let me start with you, the specific law is the klein c a conspiracy to defraud the u.s. by frustrating functions of the irs or federal entity. >> he didn't call me and tell me what law he was talking about. i'm telling you if i'm a prosecutor my philosophy if you want to be a bear you might as well be a grizzly. melissa: okay. >> the conspiracy makes its

unlawful to impede the function of governmental agency, here the irs. i prosecuted two ffa agents for impeding function of faa and it works. melissa: were you successful? >> absolutely. melissa: jennifer, what do you think about this? to go more detail, requires agreement between two or more people to break the law. requires commission of an oaf of overt act to impede a conspiracy. this is investigative process. there are many questions that need to be answered. melissa: without a doubt there are many questions. >> many questions need to be answered but to suggest we have established criminal untent by any parties is farfetched at this point. there isn't any, any evidence thus far there was intent between people to conspire to defraud. that isn't there yet. there are questions but no evidence that establishes this. melissa: what about directives to target certain group of people? >> that could be. melissa: everybody following the same rule it directly

impeded function of the irs. >> there has to be intent to commit the fraud. what may have been happening is an intent to streamline a process that had become very problem matic for the irs and, yeah, aybe it was bad policy. maybe it was improper. maybe violated procedures but that is going much further to say that we're committing crimes here. >> you know what? melissa: what would it take to get over that hurdle? >> tell you what, melissa. if i was ever charged with a crime i didn't commit jennifer would be on the short list of people to call but i disagree with her, okay? first of you will you have to have specific intent to enter into the conspiracy. the fact of conspiracy is wide-ranging, what would it take? it would take people to come in and say we were told to target these people. we sent them letters. we never really wanted information from them. we never really intended to move their applications forward. i could come up with 50 different things. jennifer is right, none of it is found yet. that is why we call it an investigation. the job is to investigate and ultimately prosecute. melissa: let's turn to lois lerner right now. i want to ask you how much

trouble is she getting this in over this move? let's play it. >> i have not done anything wrong. i have not broken any laws. i have not violated any irs rules and regulations. and i have not provided false information to this or any other congressional committee. some people will assume that i have done something wrong. i have not. melissa: fred, a lot has been made today over the fact that she basically testified and then stood up and said she was going to take the fifth. by doing so she nullified her fifth amendment rights. what do you think about that. >> whether or not she nullified them is issue of law. from a practical standpoint, it is not fair, complete unbridled hubris to. melissa: i care about the law. >> the law is you can't use fifth amendment as a shield and sword. you can't come in there and say i did nothing wrong, when people start to question you about it, i can't talk about it. i will assert my fifth

amendment rights that. is not fair and it is illegal. >> it is lyle in a criminal court of law. it is not illnessly illegal when she was required to appear on a subpoena. a criminal defendant doesn't even have to take the stand. she was required to appear in the subpoena. >> correct. >> this is investigative body. this is not a body meant to determine her guilt or innocence. she is able to take the fifth at any point and will continue to do so. if they call her back again it will be political maneuvering. >> i don't know about that. judge napolitano said she could be taken around the corner to a u.s. district court and told there she has to speak based on what happened. if she doesn't, then she could go to jail until she decides she wants to speak. what do you think about that? fred? >> right. that is what happens when people waive their fifth amendment right. they can be compelled to speak. the only thing that stops them from speaking is their assertion of fifth. if she has waived it, you

wan waive the fifth amendment right even though as jennifer notes this isn't a u.s. district court. i had these cases testify in front of congress and try to hide on what they said. if even if they make false exculpatory statements to defend themselves that is the whole point. melissa: did she do more harm than good and standing up to give the opening statement before she pled the fifth? >> yes. >> she probably was pushing some buttons by pleading, by making that statement. >> you think. >> she was permitted to do so. and she is permitted to plead the fifth whenever she wants. that changes in u.s. district court. >> i agree with you. >> once she is in court he is right. they have to get her in court before they can say she waived the fifth amendment right. >> no question she can plead the fifth but don't come in here and say i --. melissa: good and spirited debate, guys. >> i'm sorry. she can't. melissa: next on "money,", this is what happens when the fed knows the party may be coming to an end. ben bernanke and company set off a financial tsunami

across the world. why did wall street look more like this today? u.s. markets managed to stay high and dry but is this the calm before the storm? details coming up next. more "money" straight ahead. ♪ .

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melissa: breaking news right now in the developing irs scandal. fox confirmed the director of the irs exempt organizations division, lois lerner, we were talking about her in the last block. she has been placed on administrative leave. we'll bring you more details on this story as it develops. a global market meltdown or is it? the dow took a beating yesterday, closing down half a percent on news the fed might slow its bond-buying program. it got worse from there. japan's nikkei, wow, got hammered. fell a whopping 7.3% on the heels. dow and a disappointing pmi report out of china. the meltdown continued into europe. with all the major exchanges taking a hit. we're all prepared for another rough day on wall street. surprisingly, it wasn't as bad as we thought it would be. closing down just .08%. still some are wondering is

this beginning of end? let's ask experts. jonas max ferris of and spencer patton, chief investment officer of steel vine investments. thanks to both of you for joining us. jonas, what do you think? i know we came back a bit today. the whole sell in may and go away, i don't know. is this a tippingpoint? they. >> they didn't believe in that in japan. this is an american concept. that market was up so much since november, and the yen was up almost double. everybody was wanting it to come back. it has been 20 years of basically going nowhere. melissa: yeah. >> so much went into that. hot money. etfs, ewj and hedge fund. these fund $10 billion to buy japanese stock. it was looking to come back. you will have news that will trigger it. not because of the news. because the market is almost a double. that is why it basically sunk. it carried across europe and other countries. here there is so much money that missed the rally. i have to get in an on i in kind of news that is

negative for the week. before the end of the day the market is up here. melissa: spencer, are you that optimistic about the market? >> when i look at market and look at s&p 500, it is more than 12% above its 200 day moving average. the last time that happened was in march of 2000 was a horrible time to invest, right? anytime, but then would you want to invest. there is a lot of stretched nature of the market and even the fact that the dow was down like, you know, 3/4 of a percent yesterday, we've gone the longest time in market history without a 5% correction. we haven't had three down days in a row all this year. it is just, this is, a tiny little pump in the road. as soon as the market catches wind the quantitative easing is going to end, that is when you want to get out. melissa: well, for sure. let's talk about this move right now. jonas, so many people are waiting for the pullback, saying that, you know, schoolgy is so much of the market. if people are waiting for the pullback, the slightest hint, whether it is voodoo about may which happened to

have been true the last three or four years, whatever it was. i mean, seems like it could turn on a dime and some are wondering was this beginning? >> i don't think it is the beginning of the end. melissa: you're not trimming? you're not -- >> i am, okay, i am rebalancing. melissa: uh-oh. >> now it is like 80 because the market went up. you take it down to 70 to stay normal. i would do a little more than that. as far as it is over, and get out of the stock market completely --. melissa: you're trimming rather than adding because it feels like it is getting toppy? >> the values aren't great. you will not make a lot of money. problem you willlnot make money anywhere else. you have nowhere else to earn four to 6% which is all you get for levels over five to six years that is pretty good return. the ended of favoring foreign investments by u.s. investors going on for the last seven years where they put more money abroad in foreign funds than here because they thought america was decoupling from the world in a bad way and our

dollar was going to collapse. that is really over. people are going, wow, the foreign markets are not doing as well as the u.s. they haven't many years. now it is time to favor u.s. stocks over foreign stocks. melissa: spencer back to your larger point, this is all really spurred by the fed. the economy is not that much stronger. the jobs market is not getting that much better. the real estate market, people say it is better but it is off what base and you know how much further can it go, all that kind of stuff. when the fed actually says, it even blinks, they don't even have to actually do it, if they just slow down their buying, any part of it, or say they're going to next month, is there going to be a run for the door? do they just jump back in at that point and hold it back up? what happens from there? >> the fed doesn't have the guts to do it honestly because if they pulled back --. melissa: ever? >> really for a long time. if they pull back they can't go back in and all of sudden decide to buy more.

then markets would completely panic. they would see the fed out of control. melissa: spencer, you just think they keep buying 85 billion every month forever and ever? years and years.ll be for i think you will see interest rates so low. it is so fake. it is so artificial. if they pull back you would have a major market move lower. so they just don't have that option because then you would get unemployment up. you would get all kinds of negative repercussions from that. they're going to continue to operate --. melissa: balance sheet just gets bigger and bigger and bigger from 3.1 trillion prom on and on into inifiti? >> it's a mess. you will see it until people start stepping up and start seeing interest rates rise, you start seeing bond vigilantees come in and say treasuries are no longer acceptable, paying below 1%, that's what could force the fed's hand. melissa: okay. >> until then, it's a mess. melissa: no one knows how to get out. guys, thanks so much. >> thank you. melissa: time to check the fuel gauge.

shell and statoil are being pursued by a commodities trading firm in chicago. the oil giants are accused of rigging the price f brent oil. last week e.u. officials raided their offices based on the same allegation. 3.9% in april compared to one year ago. that is according to new data from the american petroleum institute. and natural gas futures climbed to a three-week high. nat-gas stockpiles rose lesss3 than expected last week. analysts say above average temperatures for much of the country are helping to raise demand. next on "money" a bernie madoff exclusive. our own adam shapiro sat down with the infamous ponzi scammer. he is directly accusing clients of participate in his scheme. who is madoff pointing the finger at? do we believe a single word he says anyway? we have exclusive details. do you ever have too much money? ♪ we went out and asked people a simple question:

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the edge you can only get in new york state. to grow our start your business, visit thenewny.com ♪ . melissa: it is whether on wall street or main street here is who made money. anyone who owns hewlett-packard. hp made money second quarter and raised the 2013 outlook. the news sent the scott skyrocketing 17% hitting a one-year high. hp shares are up 74% this year. good for them. also making money, at&t. it addedda 61 cent monthly fee to all of its wireless bills. doesn't sound like much but will bring in more than $500 million a yeer in revenue for the company and customers will love it. possibly needing money. los angeles mayor antonio villaraigosa. he is the highest paid mayor in america, making 230 grand a mayor but he may be broke when he leaves office on

june 30th. according to "l.a. weekly" and they wouldn't lie. it reports he doesn't own a home or a car and he hasn't managed to save any money. he doesn't watch this show. to maintain his current lifestyle it estimates that he will need $750,000 a year. good luck finding that job, mr. mayor. convicted ponzi-schemer bernie madoff implicating clients in his now-infamous scam. you won't hear this anywhere else. madoff sat down exclusively with fox business's adam shapiro today about his new accusations. adam joins us live from outside butner federal prison in north carolina. adam, why did madoff want to talk to you today? >> it's a good question. we've been corresponding for several months. i've been writing him for years and he has been responding for e-mail about two years but today he waated to talk about an issue he started raising six months ago, bank complicity. that was the issue that i have been talking with him. what banks? he names banks. he says they were complicit. then you ask him what does

that mean? does that mean the banks knew of your crime and helped you carry it out? or does that mean banks knew of your crime or potential crime and turned other way and ignored it because they were making profits. so he talked about that. we talked about some of his former clients because there were headlines out of that discussion. melissa: how is this story changed? >> well the big change is that up until today mr. madoff has been saying that first he confessed to his brother and then to his sons. now he is publicly said that's not accurate. he first called several of his big clients, among them, stanley chase, jeffrey picower, and carl shapiro to tell them the charade was over and wanted them to return money. he said this so to try to assist and get money back for the victims. he told me these gentleman had been ordering the backdating of stock. that is a fraud in and of itself for several years. he just called us by the way while we were waiting to come on live with you.

i was in the satellite truck and mr. madoff called me collect and wanted to be clear that the backdating of stock by those individuals including norman levy, one of his other big clients all took place in the early 1990s. but, he, i asked him, did they know about the ponzi scheme? his response to that was, they didn't care if it was a ponzi scheme. you can't pin him down on that kind of issue but, the headline is that he now saying he called these men before anyone else to tell them it was over and that these men, he is publicly said because alluded to in other lawsuits but now publicly that these men were breaking the law, ordering him to backdate stock trade. we got a statement from carl shapiro's attorney who said this is absolutely not true. carl shapiro is as shocked as anyyne to find out this was a ponzi scheme. melissa: i guess he didn't exactly say, that they knew about the ponzi scheme. did he implicate anyone else, any of his former employees, any of his family members, that other people knew about the ponzi scheme that we

didn't know about before? >> he said his employees actually helped him choirry out the crime but were ignorant. his quote on that nobody in the firm knew that the money wasn't there he brought up issues of jpmorgan chase and i got to tell you, he says he is in contact with the inspector general's office over at the u.s. treasury department. that is actually true, they confirmed that with us. they told us late this afternoon, the inspector general's office did not initiate contact with mr. madoff. rather mr. madoff, initiated contacts through an intermediary who contacted the oig's office. mr. madoff says that the oig is investigating his accounts and the accounts of his client norman levy at jpmorgan chase. jpmorgan chase declined comment on this and the oig office would not give us details what communication has taken place between them and mr. madoff. melissa: you weren't allowed to shoot video. we saw drawings. stay right where you are because i want to get your thoughts how he looked and his behavior and his attitude.

also madoff made a lot of incendiary claims to you. should people believe the words of an admitted in prison liar? that's what we're wondering. what are the legal implications? we'll bring in two top experts for their take on all of that. don't go away. "piles of money" and more madoff coming up next ♪ . the oc. the peruvian anchovy harvest suffers. it raises the price of fishmeal, catt feed d beef. bny mellon turns insights like these into powerful investment strategies. for a university endment. it funds a marine biologist. o studies the peruvian anchovy. insted in the rld. bny mellon. but with advair, i'm breathing better.

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melissa: no matter what time shares of pandora jumping of a hours. the internet radio company reported better-than-expected earnings after the bell, fueled by strong growth in advertising sales. total listener hours surged 35%. we're back with more made made aftershocking new claims that former clients were involved in his multibillion-dollar ponzi scheme. should people believe the word of an admitted and now imprisoned liar? could the accusations open up a new case? fox business's adam shapiro sat down with an exclusive interview with madoff. he is still with us. we want to bring in brad simon, a white-collar attorney and david waddle, with waddle and associates. thanks to all of you. adam, real quick, before we move on, what was he like? in those drawings, i know you weren't allowed to bring a camera inside, he looks pretty much the same. >> yeah, he does look very much the same. he looks healthy. he is 75 years old.

he moves with ease. you would expect a 75-year-old at least some to move a little slower, especially mr. madoff, who says he has been under incredible stress for all these years. he says now he is stress-free he doesn't live under what he calls the horror of the ponzi scheme. he said that was incredibly stressful period of his life. he lost a little bit of weight. he is depressed. he is depressed for the suicide of his son mark and he is responsible for that. you would expect a 75-year-old in pretty much good shape to look. melissa: bret, what do you think of the new accusations made about other people that knew and were involved and specifically jpmorgan chase? >> well, you know, e has lots of time on his hands to rationalize, conjury up scenarios involving coconspirators. i wouldn't take it very seriously the notion that, that these people intentionally, engaged in fraud, i think is very farfetched. that doesn't mean that there

wasn't plenty of negligence afoot there. with negligence is very different from, criminal, you know, actual criminal acts. melissa: david, he says of jpmorgan chase, and i think we have a quote of this, there is no question that jpmorgan is guilty. they would have had to have been idiots not to realize what was going on. >> well, i mean negligence against is a word that could be used. i do find it kind of curious now that maybe bernie is off to the spa and gotten religion and suddenly wants to help victims recover fund. if that is the case he has to accuse everybody. so, you got to go after the deep pockets and clearly those early investors have deep pockets. jpmorgan which is kind of a pinata for lawsuits. melissa: for everybody. for anything. >> you have to go after everybody. melissa: yeah. brad, i mean it always makes me wonder if we learned the lesson of, what is too good to be true? we sit here afterwards and people are getting these outsized returns over a

period. who should have known? >> well, for one the sec should have known. they had a harry march cop police coming in and basically giving them a road map. they questioned bernie madoff several times. he went into the sec and the, their failure to detect it was really astounding. melissa: yeah. >> they should have known for one. melissa: adam, is that you? go ahead. who do you think should have known. >> two questions about this. jpmorgan chase, three months before this all became public, jpmorgan chase notified the serious organized crime agency in the united kingdom of potential fraud with madoff. at the same time, they did not put a freeze on his accounts in the united states. his main account, the one that has been there 20 years which he was transferring millions of dollars back and forth with london. they didn't put any freeze on that account. nor did they have question the bogus focus is.

ec filings on a monthly basis put in which left blank information. that didn't have information about the customers or the clients finances or the amount of money. so in regards to jpmorgan chase, a lot of questions that they have to answer. and they are being sued by the trustee. in regards to the men he is going after, he is now saying what has been alluded to in several lawsuits. these gentlemen, stanley picower and norman levy, carl shapeer -- shapiro and stanley chase were backdating stocks to get outsized profits that has been alluded to in lawsuits. he says they actually did it, going back to the 1990s that is fraud, isn't it. melissa: david, your thoughts on that. >> any self-respecting analyst knows it is very difficult to get double-digit rates of return year in and year out with no volatility and pay all the overhead bernie madoff was paying and pay the distribution channels. you didn't have to be rocket scientist to figure out something was wrong here now,

you had to kind of want to do that analysis. melissa: david, hang on. let's move this forward. is that how you feel about sac capital? this is another fund that is under investigation. they produced 30% returns year-over-year and a lot of people think that's why the government began to get interested in them because they did so well for so long. where is the line? where do you decide that someone does too well for too long? >> there are fabulously talented people on the pllnet. bill miller did it for years within the envelope of a mutual fund. so you at least can have some confidence that return signature was real. for sac to return above market returns for their investors they had to shoot the lights out to pay the whatever was taken out of that fund. i don't know, it is worth looking into the track record. i have no specific unsight into it but i think people really want to believe there's an opportunity somehow to find that bag of magic beans that produces really high rates of return. melissa: that's right. >> no volatility, even in

fat fee structures. i'm in tennessee and we have the stamford group here. that was a pretty easy tell as well. for people that have these phenomenal track record running omnibus or limited partner type vehicles, they are worthy of examination on occasion. melissa: it is always in retrospect we sit there and say we should have known because returns are so good but when you're in it at the time you want to put blinders on and getting returns. thanks to all of you. adam, thanks for your reporting. fan fantastic job. >> thank you. melissa: we're switching gears to a breakthrough at the airport. question, would you let a stranger drive your car while you're away on vacation? the company flight car is betting enough people will to make extra cash. the company is up and running in san francisco for three months. they launched in boston today. here to tell us all about it and how to do it, is the president of flight car. kevin, thanks so much for joining us. >> thanks. melissa: i want to get this straight. people take their car. they drive it to the

airport. what you offer is basically free parking and exchange you may rent out their car to a total stranger. how does that work? how is it back in time when i need it back? how do you make sure it doesn't get stolen? how do you make sure it is cleaned and gassed? give me the ins and outs. >> sure, yeah. basically we try to make it as much as the normal parking lot as possible. all you have to do in advance is just list your car. tell us, what kind of car you have and tell us when you're dropping it off and when you're picking it up. on thh day of travel, pull into our lot. we'll check the car n check out damage, the mileage and gas and take you to the airport in our limo service. meanwhile we'll clean the car out for you. outside and inside. you know, we'll fill up the gas and everything. away. someone that will be returning a car before you come back. and, you know, once you come back, yyur car will be sitting there already to go for you. hopefully we'll have a check. instead of walking home, paying money and going home,

you actually get a check and are able to go home. melissa: i have i have a lot of questions about thises as successful business. how does the price to rent someone else's compare to rent it from avis or hertz? are you higher or lower. >> we're definitely cheaper and we had awesome extras free insurance and free gps you have a bunch more choices. not just like standard rental car type cars. you have real on lower end and higher end. you have more choice. >> of those choices, a lot of people really pete up the cars and cars look terrible. they bring them in. i don't necessarily want to rent that. do you get nice cars. >> yeah, yeah. we get some pretty awesome cars as well as cars on the sort of cheap rent. we definitely have got some requirements. the car can't be older than 1999. can't have more than 150,000 miles. if it has major damage and don't feel it is rentable and put the car aside to give the renter something else instead. melissa: i leave you

beautiful her said or bmw or something like that how do you guaranty it doesn't get hurt or doesn't get stolen? >> i mean we've got a comprehensive insurance policy up to one million dollars. liability, collision, theft everything for the owner. in case it does get scratched. in case it gets stolen we definitely cover that 100% for the owner. so it is no risk. melissa: you and your cofounder, you guys dropped out of the school or delayed school in order to start the business. urn able to raise $5.5 million in a few weeks in april in order to do this. when do you think you will start, i can't imagine you're making money yet because of course you just started. how much money do you make per rental? how long will it take you to turn a profit? i have to tell you this doesn't sound like a particularly profitable business. >> so definitely it will take a while to really get the costs in line and so we'll be able to turn a profit. look at companies like zipcar. took them 12 years to make a profit and first year they made a profit they only made 700,000. so we're confident on unit basis, you know, for the

direct cost for a transaction we'll be profitable very, very soon. and long term i think we can definitely make it into a profitable scalable business. melissa: kevin have, i had hope you keep us posted. that is very interesting business. >> yeah, thanks so much. we're looking forward to launching in l.a. coming in july. melissa: glad you got that in. thanks for coming on. here is the "money" question of the day, would you let strangers rent your personal car while on vacation? i don't think a single person online said yes but you might reconsider after that. we want to hear from you. like us on facebook.co facebook.com/melissafrancisfox. follow me on twitter @melissaafrancis. your responses were hysterical. i was laughing all day. thank you. next on "money" they're the stars of college football games but they don't see a dime for it. a lawsuit by rutgers former quarterback won't just force game companies to pay players. it may up end the entire ncaa. i always mess that up. at the end of the day it is all about money.

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melissa: as you a dancer. ncaa players are getting shut out of videogame profits and they are crying foul but a ruling may even the score. a former rutgers quarterback sued ea sports for suing his likeness for a ncaa football game, down to the number, helmet, advisor and left wristband that he wears. it has long been rule college athletes can't make money but this case could change everything. arthur aidala is fox news legal analyst. this is such an interesting case. >> it is. melissa: it is definitely him. look at details. numberr13 just like his, hair color, brown, weight, 197, height, 6'2", skin tone, the wristband. all the stats. >> did same thing with a famous guy tim tebow, florida everything down to a t. yet they're not allowed to get any money. do you know what the nfl

players asssciation got by, three years ago? melissa: what. >> 35 million dollars. $35 million and college players don't get anything? but ea is making all this money? melissa: sound like a great business for ea. >> great business. melissa: who cares about fair. this is about the law. >> reason the law part of it comes into the ncaa and the fact these are amateur athletes and they're not allowed to benefit financially, same way as olympians. they're supposed to be amateurs. melissa: what about of a he turns 18 and game is still going on? this is while ago. he is way over 18 now. >> why in my opinion he has legitimate ground that a judge and or jury are really going to have to take into consideration. is this right? is this the right thing to do? a famous lawsuit, and there's the apple thing where the kid is holding ipad but just a shadow of an individual. well the woman whose shadow it was sued apple.

your ads are everywhere and that is my body. and it was her body and admitted it was her body. if i was really good legal analyst and told you how the case wound up. stay tuned tomorrow! actually mercedes is coming in next. she knows everything. melissa: i can't imagine, really got paid for that. >> that is called nuisance suit. apple, hey, here is million bucks get out of our face because he have they that kind of money. melissa: not for this. there is too much precedent. >> too much precedents and so many people. that was one woman, one ad. this is entire, not just football. it is football and basketball. college football is huge, huge, huge. it has tremendous audience. makes millions of dollars and the company wants to keep it all and not give any to the kids who are working out, getting their heads taken out on football field, et cetera, et cetera. that is not fair again i don't care about fair. >> it is not right. melissa: it is about the law. it would be a big deal to change the game. i hear from people who play the dpaps all the time.

not nearly as fun if the athletes aren't college players. >> but you know. melissa: that is huge part of the game. it is important to them. >> so don't they deserve? that is what adds value. value of the game is the individual. doesn't the individual, shouldn't he be compensated? melissa: who do you think wins this thing? >> i think they don't have a choice, ea but to deal with it, they have to fight it because think about how much money they will lose if they give in to the students. melissa: how do you think it turns out? they have to walk that fine line. he is over 18 now so he gets money. what about current players, not pros? >> i think powerful ncaa will come in and fight with hand in hand with ea saying we can't start paying these college kids and it will corrupt them. so now you have to have a class --. melissa: keep the money. let it corrupt us. >> thank you. now you have to have the class, which is class action of athletes out of the game. either professionals or didn't maybe the pros and just citizens. melissa: yeah. >> you will have to have them come in.

they have a very strong leg to stand on. you guys are making all the money out of my likeness. i'm out the school. i'm not an athlete. i'm surrendering it, show me the money. melissa: i think they will get shown the money. arthur, thank you very much. coming up on "money," would you rather lose $1000 or gain 20 pound? that is really easy question. we'll tell you what most people answered. not what you mike expect. we'll chew the fat in spare change. you can never have too much money. you can definitely have too many pounds though. ♪ . ♪ . ♪

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♪ . melissa: it is time for "spare change". brave enough to be here, mercedes colwin and terry haggerty. thank you for braving weather. people not in new york, don't know it is raining cats and dogs and cows and elephants and horses. >> heavens opened up and lot of us didn't have umbrella including me. melissa: well-done. first up, i never want to lose money i have to admit if i had to choose between losing 1000 bucks or putting on 20 pounds i would lose money? am i crazy? turns not. 56% of women polled feel same way. was shocked it wasn't more than 63%. of almost half of men asked 48% agreed.

what would you choose? >> lose $1,000. no-brainer. only 6% of the women said it was okay? i don't know. melissa: what about you? >> absolutely. 2 pound is expensive. in addition to buying all new pants and total lifestyle change. no-brainer. melissa: great point. now to a tech war? call it battle of tablet. it is siri versus surface showdown. watch this. ♪ . >> sorry, don't date like that. i'm sorry, i can only do one thing at a time. i guess power point isn't one of those things. should we just play chop sticks? ♪. melissa: that's pretty good. it is a very clever ad. will it boost microsoft sales of the surface? what do you think? that was good. a definitely a playoff that ad, cool mac guy and lame pc

guy. that was good. >> i thought that was fantastic. what is the consumer going to do? they want to see how they actually use the product. here they are showing it. plus that siri voice rives me nuts. melissa: i don't know. terry, what do you think?. >> i think it is by microsoft. samsung was very successful in similar ad campaign against the i phone. that being said, microsoft has 2% share of tablet market. they have a while to grow. melissa: that is more space they have to fill up. melissa: now on the world's largest lego sculpt ture in history. right here in new york city. in times square. it is a life-size x wing from "star wars", more than five million go bricks. that is amazing. 11 feet tall and has a wingspan of 43 feet. it weighs 46,000 pounds. really? that is amazing. first of all, take my kids to see it.

that is unbelievable. in other leg go news. this figure, mr. gold, it is all money. 5000 are mixed n randomly with lego's collectible mini figures. they're selling for a thousand bucks on ebay. >> as a child i loved leg goes. makes it sounds like they're not hoping for them. melissa: times square is heading immediately when it is over? we're close to times square? >> it was. supposed to be outside in the middle of the street. where is it? melissa: impressive. >> leg goes, just as feat of engineering it is stunning were there in a lot of people there? >> not really. i was sill setting up. >> how many people could have created that. i'm sure, dozens of

individuals putting that together. kids are still are but frankly who will be. all the folks collecting not for kids. didn't make it for kids that buy the lego game. melissa: for overgrown kids come up with the adults are going to buy the games. melissa: there are plenty of those adults that like them out there. melissa: okay, love this one. a new study saying that humans are dumber. it says that westerners have lost an average of 14 iq points in the victorian era. apparently, women of higher intelligence tend to have fewer kids. that is interesting. so the smart teens are are genes are dying out. the thing that is true? >> didn't google make us

smarter? >> anytime unlike, oh come, i don't have the answers to that. you have so much information. you think it's always going to be at your fingertips. that is the problem. what evening? >> i'm skeptical of the study altogether. measuring intelligence, it's a dubious way to measure intelligence. the literacy rate in britain has been up 50%. melissa: the last one. it is money. check out the record-setting 18-foot python caught by a man in florida. the guy battled a snake in a choke hold for 10 minutes. before having to take its life. that python, i don't know. it makes a perfect accessory like bags and belts and shoes. >> no, no snakes. no snakes.

i don't know. >> i was waiting for them. there it is. all right. that's always happy tonight. here comes "the willis report." gerri: hello, everyone, tonight on "the willis report." americans now spend more on health care than groceries. we have the details of a new report. also, your medical privacy. tonight, the dangers of going digital. >> metal records can be bought for 14 to $25 each. >> and the best of your 401k. how do you do that? we are looking out for you tonight on "the willis report." ♪ ♪ ♪