them. it doesn't have to be complicated. it doesn't have to be tragic. that's it for us tonight. stay tuned for cavuto. thank you for being w will the e up? david: all right. >> hello, i'm gerri wilson. gerri willis. we begin with the computer hacking at sony pictures entertainment. the hacking is believed to be much more damaging and includes the release of tens of thousands of social security numbers of folks including big stars like sylvester stallone for more, entertainment reporter david cap lynn. 47,000 social security numbers. (?) this blows my mind. i can't believe this is happening. how many stars? who were the big named stars with this kind of information being leaked? >> we have people like judd appear to say, seth

rogen, james franco. huge stars. (?) there's two categories the social security information. then the hollywood information which is more affecting their personality and their perception. >> how much money they're making. >> we know seth rogen made 8.5 million in the movie interview while james franco made 2 million less. in hollywood, for some people, that's more damaging than their social security numbers getting out. gerri: you make a good point. look at this list -- >> that might be a badge of honor actually. gerri: that's funny. so health information. this is my question for you, scott, and this is what's driving me crazy about this story. if my only -- the only thing was i went to work that day, and the then the bad guys have every piece of information i

have, can can i sue that employer? why aren't they protecting me? >> yeah. look, i've said for a long time, this isn't just a problem for retailers. this is a problem for companies large and small across this country. and the fact of the matter is that when you go to work, you'd like to think your information is safe. but i think suing will be difficult because the real question becomes, even if your information is out there, have you really suffered any damage or is that damage speculative, and that's where these cases have sort of run into a concrete wall. i wouldn't get too excited about people suing right away, but i would tell employees that are steps they ought to take to get out in front of this and try to protect their information. gerri: we will get to those in just a second. i think what's funny about this story. i don't mean to be mean, but these celebrities go through great lengths to keep their information

secretive. they always hide on the street. this blows a hole through this. >> documents leaked, for example, people inside sony pictures slamming adam sandler who may be the darling of sewn sony pictures. not according to every executive there. gerri: let me read that. we have that. there's a general -- this is from an actual sony employee, as i understand it. we continue to be saddled with the mundane formulaic adam sandler films. that wasn't supposed to come out. >> you guys will feel sorry for adam sandler. gerri: that's a very good point. >> that's more damaging to his career than his social security number being released. it's about the reputation. and it really -- in hollywood, probably want nude photos released than this.

gerri: scott, you say, this company could never -- they couldn't possibly be held accountable for this. they got this information just lying around open on the computer. a list of passwords called passwords. i mean. right? don't tell me you're going to give me credit monitoring. that won't make me happy. the horse is out of the barn there. right? you have to protect these people. >> you know, gerri, it depends on the information you're talking about. you know, as you said in the intro to this piece, part of what has been exposed is personal information. i think the company could be held accountable. obviously the office of civil rights will make that decision depending upon what they found. and whether the appropriate safeguards were in place. when it comes to other information, the employees may have a tougher case unless they can really prove that there's been some kind of damage other than the fact they're at a heightened risk for identity theft. gerri: let's get to that other issue that you can answer too,

scott. which is this idea sony is out there trying to pull this information ouoff the internet which is laughable. you say they may actually have a claim to that. that can be done. they have a legal right to do so, why? >> yeah. look, there's no question it's out there. the cat is out of the bag. as people like to say. when that stuff is on file sharing stuff. it will be hard to claim. the fact of the matter, that material, the five films want released and whatever else is out there. that's protected by copyright. and sony will have opportunity to go after people on the theory that their intellectual property has been violated. i expect they will be very vigorous and very aggressive at doing that. gerri: david, i have to ask can you. what does this do to sony. >> yeah. there's paramount out there. twentieth century fox. what makes sony so

different that they're not as vigilant about their security. it definitely -- a lot of angry agents in hollywood making calls. gerri: oh, my goodness. that's a good point. >> a lot of heartburn on this. gerri: great job. appreciate your time. >> hey, thank you. gerri: now, we want to know what you think. here's our question: are employers, are they playing fast and loose with your information? vote on gerriwillis.com i'll share the results at the end of the show. we have a consumer alert. i want to tell you about this. if you have kids in the room. you may want to get them out. a letter from santa claus. are you trying to get one from your child. it may be a scam, even if you paid for it. many companies allow you to pay for a handwritten letter from mr. kris kringle addressed to the kids. scammers, they're taking advantage of that. while most are legitimate, others are

stealing your credit card numbers. how do you know if you're getting a real fake letter. the bbb says you should avoid a site calling for urgency that you have to jump on this deal right away. other red flags. poor grammer. spelling and a lack of contact information for the company. and if you're still not sure, go to bb b.org where you can find lists of the bad guys. yoguys. scandal around rolling stone magazine. admitting it failed to follow basic journalism practices when it published a highly controversial story about a brutal gang rape at the university of virginia. in an open letter to readers, rolling stone is backing off the story. peter barnes just us with more. >> that's right, gerri. we would call it a retraction of that controversial story it published weeks ago about an alleged gang rape of a woman named jackie at uva fraternity

house. the magazine's managing editor said, quote, in the face of new information, there appears to be discrepancies in jackie's account. we've come to the conclusion that our trust in her was misplaced. the article, a student named jackie on september 28. she was invited to a date at a party. lured into a room upstairs and ambushed and gang raped by seven men rushing the fraternity. the story generated worldwide headlines. along with investigations, but it was later revealed the freelance reporter never contacted the male student jackie said orchestrated the attack nor any of the alleged rapists for comment. the magazine said today it was honoring a request by jackie not to do so because of the nature of her story. quote, we were trying to be sensitive to the unfair shame and humiliation many women feel after a sexual assault and now regret

the decision not to contact the alleged assaulters to get their account. we take this seriously and apologize to anyone affected by the story. in the a separate story, the washington post several of the woman's close friends and campus sex awareness expressed doubt about the rolling stone account. in a statement, the fraternity said it had no knowledge of alleged attacks and, quote, our initial doubts of the accuracy have been strengthened as we've delved deeper into the allegations. among other things, it never held a party on september 28th in 2012. gerri. gerri: an amazing story. it's just really tragic that this happened. you know, it's reporting 101 to check your sources. look, this whole thing, all this reporting led to protests on the campus. right? so what now? >> well, there is an

ongoing investigation by the sharl o charlottesville police department. it's not commenting on the status of the investigation. that continues. the university is continuing its own investigation. my daughter attended uva and graduated about a decade ago. wanted to get that out there. gerri: thanks for being complete. peter, thanks for bringing the story. >> you bet. gerri: still a lot more to come this hour, including your voice, your voice is important to us. that's why during the show, we want you to facebook me or tweet me at gerri willis fbn. send me an email. i'll read all your comments. but first, she lost her sister due to one of takata's deadly air bags. now, she's speaking out about the company. stay with us.

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gerri: and tonight, more outrage over the deadly air bag defects spanning back more than a decade. takata still saying they are not a nationwide problem. that's the company that makes them. they're shunning calls from top auto safety

officials. nhtsa who, by the way, aren't saying much in return. we spoke with aaa president bob who was taking both to task. >> it seems pretty clear for that matter that takata is thumbing its nose at the american motorist and at the national being highway traffic administration. our next guest has faced these deadly defects first hand. joining me now by phone is kim. her sister shirley killed in an accident after being hit by shrapnel from a takata air bag. thank you for joining us. tell us your sister's story. what happened to her. tell us about her. what happened in the car? >> on november 1st of 2003, my sister was a passenger in a 2004 subaru wrx that was involved in a motor vehicle accident in phoenix where the air bags deployed.

that night, after the neurosurgeon came out and talked to my parents. what has hit her in the head. something has hit her to cause this much damage. there's significant damage. you know, what hit her? then on november 6th, as a result of the severe head injuries, we lost her. gerri: how old was your sister kim when she died? >> she was 24. gerri: what was she doing? my understanding she was going to take a teaching job. >> she had worked with teach for america and earlier that year had won an award for teaching special needs children in phoenix. and her and her boyfriend were on their way home, about five minutes from home when they got into the accident. it was not her boyfriend's fault at all. gerri: so you're not blaming him. >> no. gerri: he did walk away from the

accident. she was in the passenger's side. and it was the deploying of the air bag that caused her death, as you believe it. were the two of you close? >> yes, she was ten years younger than me. and there were just the two of us. we were the only grandchildren on both sides. she was the baby sister i had always wished for during every birthday and every thanksgiving. wish bone, i always wished for a baby sister. gerri: and you got one for a while at least. >> yes. gerri: tell me. has nhtsa reached out to you? has takata reached out to you? what's happened? >> during the congressional hearing that was held on november 20th, mr. friedman from nhtsa did address me during the hearing and said that that was the first time he had heard about this and wanted further information. now, his office has been in contact with me.

i've had a few phone calls and emails with him. gerri: so i understand that you feel like your sister's case hasn't gone attention because she was on the passenger side -- or, passenger air bag that deployed that killed her. have you gotten anymore information? has that changed? is that still the case? >> it's still the case in a lot of ways. it's also -- i don't know because she was in phoenix, and that's not a humid climate like other places are that accidents have happened, but she's -- i don't feel like -- even counted in the deaths that they've talked about or even mentioned as a possible victim just to have some kind of acknowledgment that this air bag is what killed my baby sister. gerri: it's tragic. and you're giving me chills right now just hearing your story. it's so amazing. what should be done here?

what should happen? takata won't even yield to requests for a nationwide recall. nhtsa is doing nothing. what would you like to see happen? >> it feels like nhtsa -- or, i'm sorry, takata isn't taking any sort of responsibility for any of this at all, that, you know, i think is step number one. take some responsibility here. step up and let's do something. let's make this right. let's do it nationwide. you know, i understand that they keep saying the data doesn't support a national recall. their findings just with regional. in the hearing on wednesday, mr. friedman kept saying that now the data does not prove that it's regional. that it should be nationwide. exactly. my sister was in phoenix. that is proof right there that this is not regional. that this recall should be nationwide. gerri: well, you make a good point. that's one of takata's biggest defenses. we have to keep it

regional because it only occurs in humid regions. your sister's case proves that's not true. kim, i want to say our thoughts are with you and your family. thank you for telling your story. more people need to know. >> well, thank you for having me. gerri: and we'll be right back. how much money do you have in your pocket right now? i have $40, $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years, that retirement challenge might not seem so big after all. ♪ dentures with toothpaste or plain water. and even though their dentures look clean, in reality they're not. if a denture were to be put under a microscope,

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gerri: well, self-employed always face challenges at getting a margin. mortgage. they face an uphill battle in getting a loan quote. so, rick, good to see you. why are these folks having a hard time getting a loan quote?

>> i think the lending industry is by the bad loans from christmases past. we had things like calleddening aloans. these were the kinds mentioned people falsified their financial wherual to get loans. >> are some people now being cut off even when they shouldn't be? >> absolutely. we're seeing that with convertible loans. you and i have talked about that before. with the stated income bar, it's that much more difficult. they're starting from a position of disadvantage. they have a hard time documenting and making it very obvious what their income really is. gerri: did reforms like dodd-frank and other reforms make it more difficult for these folks to get loans? >> absolutely. great point. the national realtors

less than 5 percent of the loans made last quarter were non-qm loans. so the ability to repay, which all the lenders need to adhere to requires a certain level of documentation. that puts these self-employed stated income bar are at a disadvantage when getting a loan quote. gerri: it's not just the fact that these people have difficulty showing a w-2 from an employer. that's one thing. other reasons they're difficult to lend to under the current rules. >> again, a lot of it comes down to documentation. you need to be able to provprove definitively that the borrower can make payments on the loan. there's job-related issues. hard for self-employed

people to sometimes credibly prove that they've been in a profession, they've been steadily employed for a significant period of time. self-employed tend to have lower credit scores probably for business reasons. gerri: that's because they're putting their personal money and company money together. right? that creates a lot of issues. what's your advice to these people that want a loan, but can't get it. >> two basic concepts. one, you have to prove you're a low-risk borrower so the lender is not afraid they'll get the loan pushed back to them if things go wrong. this is a good place to get help. on the first of those, make sure your fico score is as good as you can get it. be able to point to other assets you have available. some lenders will say offer some of those assets as further collateral against the loan. put together a big down

payment as much as you can afford. on the getting help side, one is this is a good place to work with a local mortgage broker. a lot of traditional banks aren't making these loans. a lot of them are from nonbank lenders. a good broker will know where to go. if you're in business for yourself, you're probably doing business with a bank. talk to that bank. and maybe because you're a current customer, they'll be more apt to consider the kind of loan you're looking for. >> because they'll see your finances as it is. great idea. i want to mention to folks, 30 fix rates. below 4 percent. that's luscious. i love real estate. and i get to tell you, now is a good time. >> it's a great time. >> thank you for coming on the show. >> any time, gerri. gerri: now to look at the stories you're looking at. a surgeon leading to a strong jobs report. the labor force participation remained low at 62.8 percent.

dow raised. for the first time. any day now. the dollar also rose. uber raising more than a billion dollars in its latest round of funding. the latest investment puts uber's value around $40 billion. investors seem unfaced by the recent spate of bad headlines including privacy allegations. the company is not reported an annual profit since 2007. after not being able to find a merger partner, deal i couldn'deal yus liquidatg stores. he had announced he was battling throat cancer. no evidence of cancer though they will continue to monitor his health for years to come. and those are some of the hot stories right now on foxbusiness.com coming up next, employers hiring at the strongest pace in nearly three years. some industries are

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this problem for employers creates a lot of issues, right? it costs them money. >> yeah, i mean, $160 billion across the industries for these unfilled positions. you lose productivity, you're losing profit, so it is very costly for employers, yes. these are jobs that are staying open a really long time. the number one industry here is sort of the hotel and restaurant industry. they have jobs like baristas -- gerri: these are lower paying, right? >> yeah. and that's one of the reasons they're staying open because this year alone we've created 2.65 million jobs. now you have some more options opening up, so people are really opting for a little higher paying jobs. gerri: what other options are there out there? we talk about restaurants, hotels, leisure. if you branch out from there, what do you find? >> data entry jobs are entry level or assistant jobs that pay a little bit better than, say, these restaurant/hotel kind of

jobs. look, you think another $5 an hour for me when i just graduated and i'm absolutely broke and have all these student loans, it matters. gerri: you stay one in three positions stay open for at least three months. >> yes. that has been on the raise. we're seeing these companies say, oh, my gosh, i really need workers, and these jobs are staying open, and three months costs them a lot of money while they're open. gerri: i know a lot of people out there say, yes, there are options out there, but maybe they're not the options i want. are there any industries out there you think, wow, these are great opportunities for people out there? >> i mean, honestly, this is a very specific skill, but the mining and logging and manufacturing jobs, they pay actually much better than, say, the restaurants and hotels do. the pay's decent here, but they really are having trouble finding workers. this is a much -- gerri: you would have to move for that. >> yes. >> a lot of people want to stay put. what's your advice to people who have been unemployed for a long time? nine million people unemployed

for months and months and months. >> i think a lot of people think, oh, i've been looking forever. now is actually a really good time to reinvigorate yourself, say, hey, maybe this is a better time to look for a job because it has been kind of hopeless, and you've been feeling really bad and almost maybe given up or send one resumé or two, but now we're seeing momentum finally, but we're seeing that, and i think that's really good news for people looking for jobs, so get back on to it. gerri: i think there might be some hope for people out there who have been part time and want to be full time. >> oh, absolutely. there's a lot of full-time employment available. so to me, even though, you know, these jobs are staying vacant for a long time, it's really good news for job seekers. gerri: great job, katie hill, thank you. >> thank you. gerri: if you have some extensive periods of unemployment on your resumé, job gaps, you're not destined to remain jobless forever. here with tips is tony, the president of lap itch and

associates -- babb itch and associates, one of our favorite go-to people. tony, great to see you. >> good to see you. gerri: some examples, right, of why you might have a gap in employment, and you're going to tell us how to talk to an employer about that, because you say you can't hide family needs. if i have to care for a child or an elderly parent, what do i do? >> yeah. and employers are very empathetic for that. they appreciate it when somebody's done that kind of thing. the important thing is that an employer is asking themselves when you present that to them is this if i hire this person, are they going to stay with me? so what you have to explain is the illness in my family, we overcame that, and i'm no longer, i no longer have to worry about that. the kids are gone, you know? they're raised. and i don't have to be concerned about that anymore. and so i can devote all of my time to work. gerri: so health problem, this happens to a lot of people. >> yeah. gerri: they're afraid to tell

anybody about it because, you know, you don't want the employer not to hire you because you have a priest condition, right? -- previous condition, right? >> right. gerri: what do you do? >> well, you have to be honest. and a lot of people will say you don't have to tell them what the illness was, but i guarantee if you don't tell them what the illness was and that you've overcome it and that you are healed and that you and are ready to go back to work, you won't get hired because they'll think, man, this person was out of work for illness, what happened? if you don't tell them, you know, i'm healed and i don't have that illness anymore and i'm free to work, they're going to wonder about it, and they won't hire you because they'll be afraid of what you might have or that you'll get hired, you'll be there for three or four months and then you'll be out for illness problems again. gerri: they're going to assume you had cancer or something -- >> yeah. exactly. gerri: and you can tell them that, you could show them the tests, right?

>> right. gerri: that you're free and clear. what about people who go off, and i see this a lot, they go off to start a business -- >> yes. gerri: -- they fail, and then they want to get back in the job market. >> yeah. and this is, you have to be real careful with this because on the one hand you don't want to present yourself as a poor business person, but on the other hand you want to present yourself as a really good employee. so you say something along the line of, you know, i misjudged the market, it was an error in business judgment. i made a mistake. if i knew then what i know now, i wouldn't have done it. there was too much month at the end of the money, and i didn't -- i ran out of money, and i wasn't able to -- gerri: good point. >> but, boy, did i learn a lot doing that. gerri: i like that. >> and then you come up with one or two things that you learned that can carry over to their business. so here's why you ought to hire me, i know how to fail, and i know how to get back on my feet -- gerri: that's awesome. >> -- and here's what i learned,

and i'll bring it to your organization. gerri: now, tony, the big kahuna of these things is obviously the layoff because so many people got laid off during the great recession, and folks just don't know how to explain that. what do you say? >> yeah. well, you explain that i miscalculated that too. i didn't know it was going to take this long to find a position. i was laid off with a number of people, but i'm coming back. i've been doing a lot of interviewing. it's not how far you fall, it's how you bounce, and i'm trying to get back and get in the game as fast and as best i can, and i'd love to go to work for you. gerri: so one quick question before you go because this all makes perfect sense to me. >> sure. gerri: if you're straight with the employer from the get go, they respect that, i believe that. >> yes. gerri: do you put it on the resumé, do you put the explanation in the resumé or only in direct conversations with the employer? >> certain things like illness in my family, i took care of my

family, an illness, my parents, they passed away, you could put something like that in there. when it comes to being out of work for six months or more, i don't think i'd put that in there. when i, if your business failed and you didn't make it, i don't think i'd put that on the resumé, but i'd explain it once i got into the interview. gerri: tony, great job, my friend. i'll just add quickly on your behalf, you also did say never, never be negative. great advice, tony. thanks for coming on. have a great weekend. >> always a pleasure, thank you. gerri: and when we come back, should the actor mark wahlburg be allowed to get his criminal record, that is, expunged? we're going to talk to our legal panel. and next, the agency backing most of the nation's pensions wants your 401(k), but should you even consider giving the government your life savings? and here's your consumer gauge with the numbers that matter the most to you. ♪ ♪

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gerri: the federal government wants yoo consider allowing uncle sam to guard your retirement savings, i kid you not. i'm not making this up. a new federal rule allows you to roll over money from your employer's 401(k) and put it into a pension plan. but should you do that? veronica dagger of the "wall street journal" join ises us now. we should give a background information here. there's the pension benefit guarantee corporation that actually stands behind pensions, and now they want your 401(k) money too. why do you think they want to do this? >> there's a couple different reasons they're proposing this. they're saying, you know, people in retirement, there's a lot of americans retiring, they're not prepared, they are not prepared to handle the stream of income -- gerri: that's all our fault, okay? >> manage the stream of income they could be having in the future, so this is a way to

anewtize their future cash flows, this is what they're saying, to give you a way to get a -- gerri: wait a minute, so they're going to take the money -- >> take the money -- gerri: and do what? >> basically you move the money from the 401(k) into your pension plan, and the government are back that up. gerri: no, no, no, back that up -- >> in case the pension defaults. gerri: are they going to take the money and turn it into an annuity which means they would have to take the money -- >> it's going to be annuity-like, so you'll be getting a monthly payment based on what you put in. gerri: so they'll actually have the dough, won't they? >> they'll have the dough. gerri: oh, my lord, you've got to be kidding. who would want to do in? this sounds ridiculous. >> several financial advisers i spoke to are skeptical of this because the government doesn't necessarily have a great track record in managing people's money -- gerri: or their own. >> the assets and the liabilities and the pension benefit guarantee corp. exceed the assets, so there's concerns

about that. gerri: let me slow you down, because that's a great point which is this organization that would handle this for you, take care of you -- that, dha, ha, they don't have money either. and the big worry is they're not going to be able to stand behind the pensions they've guaranteed. >> a lot of advisers are saying you're probably better off keeping control of your 401(k), keeping control of your money. you can do a better job of managing it yourself. gerri: amen, sister. >> take an active role in looking at your investments. gerri: this just gives me a headache. this reminds me of myra, have a new investment vehicle, and my immediate thought was people are already confused when it comes to roth, iras, 401(k)s. adding something else in the mix just makes it confusing. >> it makes it confusing, for sure. and the problem with a pension, once that money's in there, it's locked up so to speak.

so if you need that money for a health care emergency, you can't access that. you can't access that money until you retire. not to mention if you die, that pension dies with you, so you can't leave that as part of your inheritance whereas if you had a 401(k), you could leave that to your heirs, borrow against the 401(k), there's a lot of benefits. gerri: this is driving me crazy. you've got to come back and tell us whose idea this was, where it came from, discover the inte moll about how this made this to the public. >> we'll see what happens with it, yeah. gerri: veronica, thank you. have a great weekend. >> you too. gerri: wow. sometimes they just drive you crazy, right? well, i have some more good news for drivers. i said last night more places around the country will see gas below $2 a gallon, and today our friends at gas buddy told us that's coming true. gas prices now below $2 in oklahoma and parts of texas. that's great news. still to come in this show,

my two cents more, and oscar-nominated actor mark wahlburg wants his criminal record expunged from an assault conviction more than 25 years ago. is it legal? our panel will debate, next. ♪ ♪

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♪ ♪ gerri: hollywood hot shot mark wahlburg wants his criminal record erased. back in 1988, get this, when wahlburg was just 16, he served time for assault after attacking a man while trying to the steal alcohol, leaving that man blind. and now wahlburg is hoping to get a pardon for his past actions, saying he's a changed man. does he have a chance?

joining me now, an attorney, derek reed, fox news legal analyst lis wiehl. i'm going to start with derek here. you've got to tell me what's going on here, what's the story. tell me how he managed -- i mean, so here's a guy, super famous, super wealthy, and he started life stealing, like, at a convenience store? >> well, he was a criminal. he went on a crime spree. back in 1988 mark wahlburg attacked, viciously attacked two vietnamese immigrants, taking one of his eyes permanently. and then he went on this crime spree, was arrested, convicted, served 45 days in jail, and now he wants the state of massachusetts -- gerri: so he did his time. >> he did his time. let me just pick up on what you said, you said back in 1988. i want to pick up on that, because it was so long ago. he was tried as an adult, not as a juvenile. gerri: short memory. >> look, i'm a prosecutor, but here, here the standard in massachusetts, if you can prove

good citizenship in these past two decades he's started several different youth organizations, and what he's saying is i can't be part of these youth organizations, i can't work with law enforcement to help troubled youth unless i get this expunged. gerri: go right ahead. >> there's two things. the executive clemency guidelines in the state of massachusetts take into account two elements, one is compelling need, and the second is extraordinary contributions -- gerri: the movies alone, my friend. [laughter] >>'s the compelling need? -- where's the compelling need? you'll see he's looking for a license for one of his restaurants. >> right. he needs this pardon in order to get that. >> but he also needs it in order to be able to work with troubled youth in the area. gerri: he made a comment to abc news, he said i've not engaged in fillen droppic efforts in order to make people forget about my past, to the contrary, i want to serve as an example of how lives can be turned around

and how many people can be redeemed. >> and you need a pardon to do that? there are thousands of young people across the united states who do really dumb things when they're younger, and they don't get the opportunity to get a pardon. >> he has money, he has power, he has access -- >> it's the idea that potentially there's redemption. if you really devote yourself in -- gerri: that's part of the law. >> exactly. redemption is part of the law, the things we talk about. yes, i, again, prosecutor background, don't usually like pardons, but in this case i think it's appropriate. >> tough redemption. tell that to the guy who lost his eye. gerri: it's a tough one, isn't it? >> it is a tough one. gerri: a lot of people would say, look, people have to pay for their crime. they have to -- >> he did. gerri: and, of course, he served time. >> served his time, tried as an adult. gerri: how easy is it to get this expungeed if i'm not mark wahlburg? >> they shouldn't be looking at who he is, but what he's trying to do. gerri: derek, how easy is it for

a judge, a jury or anybody else to forget he's mark wahlburg? >> well, it's impossible. he is mark wahlburg. everybody knows about him and his movies, but let's look at how many pardons have been given by the state of massachusetts. gerri: how many? >> very few, very, very few. >> mark wahlburg might be the one to get it. >> it cuts both ways because people are going to know exactly what we're saying, oh, he only got it because of who he is. so a judge or anyone, the attorney general who, you know, the golf who's actually the -- the governor who's actually the one who gives this clemency or the pardon is going to look at that and, obviously -- gerri: he is from a rough background. let's be clear. this is a guy who otherwise would be toilet papering a house, his background was pretty rocky. >> there's thousands of children that come from disadvantaged neighborhoods that don't go and beat up two vietnamese immigrants. and by the way, there's allegations that when he was beating them, he was yelling racial slurs.

>> we don't know any of that. you can't bring that from 1988. >> it sets a precedent that, okay, you can do dumb stuff when you're younger and get out of it when you're older as long as you're famous, you'll get a pardon. >> redemption, my friend, redemption. gerri: great debate. really interesting story. and, wow. you know, i'm a huge fan of his, but i don't know about this one. thanks so much. >> yep. >> thank you. gerri: good stuff. we'll be right back with my two cents more and the answer to our question of the day, are employers playing fast and loose with your personal information? how could a luminous protein in jellyfish, impact life expectancy in the u.s., real estate in hong kong, and the optics industry in germany? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment

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gerri: the hack attack against sony has reportedly exposed the personal information including social security numbers of more than 47,000 current and former employees. are employers playing fast and loose with your personal information? we ask the question on gerriwillis.com. 75% said, yes, 25% said, no. and finally tonight, you know,

don't get too excited about today's jobs report. after all, the real unemployment rate is still elevated at 11.4%. more than nine million of us are still without jobs. what's more, the proportion of us who are working is disturbingly low, 62.8%. i believe things are getting better, but way, way too slowly. many of us want to work full time but have to settle for part-time jobs. many of us want a better paying job but are still frustrated. only faster, broad economic growth can bring a strong jobs market, and that's going to take serious changes in public policy. if only santa would oblige. that's my two cents more. and coming up monday, it's our latest edition of our users' guide as the ball gets ready to drop, there's some important steps you should take to get your financial house in order and get ready for 2015. we tick it off monday with a look at your taxes. that's it for tonight's willis

report. thanks for joining us. don't forget to dvr the show if you can't catch us live. "making money" with charles payne starts right now. have a great night. ♪ pleasure. ♪ us. have a great weekend. good night from new york. neil: good evening. i'm neil cavuto. new york has a crisis on its hand this very night, folks. i'm not talking about the demonstration this week. still more to come. i'm talking about the mayor spurring them on. and to hear the head of the police union throwing cops under the bus. over the top and now out of control, to former police commissioner howard safer who has been following this closely. you know, howard, i'm watching this and following this. it's getting to be a trend and theme. are you worried? >> i am worried. i thought the mayor's comments were inappropriate. the mayor is supposed to bring the city together, not polarize. his comment about his son and his