Position Wanted – Asset Management
Work Remotely or Relocate for Right Opportunity

 

Each Week Leasing News is pleased, as a service to its readership, to offer completely free ads placed by candidates for jobs in the industry.  These ads also can be accessed directly on the website at:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

Each ad is limited to (100) words and ads repeat for up to 6 months unless the candidate tells us to stop. Your submissions should be received here by the end of each week.

Please encourage friends and colleagues to take advantage of this service, including recent graduates and others interested in leasing and related careers. 

Asset Management

5 time Presidents Club Franchise Player with 20+ years in Logistics, Collections, Technology Pricing/Appraisal ( NAPA) Certified, Portfolio Appraisal Inventory receivable proficient, Management Control System Developer & Specialist. Proactive communications & Equipment Dealer Specialist for Healthcare/Printing/Office Equipment & Industrial portfolios. Specialist in ALL Inventory receivable channels. Daniel.Delpriora@gmail.com

 

 

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Top Stories: August 14 - August 18
(Opened Most by Readers)

(1) Release of Usury Clai#ms Held
       to be Ineffective in California
by Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Aug2017/08_14.htm#release

(2)  New Hires---Promotions in the Leasing Business
        and Related Industries
http://leasingnews.org/archives/Aug2017/08_18.htm#hires

(3) Banker Sentenced To Prison for Fraud Scheme at Bank
  Where TARP Suffered $31.5 Million TARP Loss
http://leasingnews.org/archives/Aug2017/08_14.htm#banker

(4) Funders Taking "New" Broker Business List
     Updated
http://leasingnews.org/archives/Aug2017/08_16.htm#taking

(5) DocuSign is now the electronic signature of choice
    for the federal government
http://leasingnews.org/archives/Aug2017/08_18.htm#docu

(6) Is Buying Marlin Business Services Stock
          (NASDAQ:MRLN) Here Good Idea?
http://leasingnews.org/archives/Aug2017/08_16.htm#marlin

(7) Pictures from the Past
     Bob Jacobson -  Jim Swander
http://leasingnews.org/archives/Aug2017/08_16.htm#pictures

(8) Apple financing assists businesses seeking update equipment
    Using CIT Direct with Operating Leases
http://www.techrepublic.com/article/apple-financing-assists-businesses-seeking-to-regularly-update-equipment/

(9) Leasing #102 by Mr. Terry Winders, CLFP
        Usury
http://leasingnews.org/archives/Aug2017/08_14.htm#usury

(10) Sales Makes it Happen by Christopher Menkin
    Cold Calling --- Part II “Work the Plan”
http://leasingnews.org/archives/Aug2017/08_16.htm#cold

 

 

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Updated

No Longer taking Broker/Discounting Business
plus Leasing Companies Out of Business

Companies with an * are no longer in business. The others are companies that were taking broker business, but announced that they no longer are accepting broker business. Many have also down-sized or are managing an existing portfolio.

More details are available in this list by company name:

http://www.leasingnews.org/list_alpha_new.htm

*ABCO Leasing Inc., Bothell, WA
*ACC Capital, Midvale, Utah (lenders running off portfolio residuals, Leasing News receiving Evergreen non-notification complaints, demanding 12 more monthly payments)
Advantage Business Capital, Lake Oswego, Oregon
AEL Financial, Buffalo Grove, Illinois
(No longer taking new broker business)
Agility Solutions Corp., Prescott, Arizona
Allegiant Partners, Walnut Creek, California 
Alliance Financial, Syracuse, New York
*Alternative Capital, Apollo Beach, Florida 
*AMC Funding, Charlotte, North Carolina
American Bank Leasing, Alpharetta, Georgia
*American Equipment Finance, Warren, New Jersey
Balboa Capital, Costa Mesa, California
*Bank of West Indirect Leasing, Dublin, California
Bank of the West Leasing Indirect, San Ramon, California
    (Require high volume, successful brokers only) 
*Bank Midwest Leasing, Overland Park, KS 
Bankers Healthcare Group, Weston, FL
*BBVA Compass Equipment Leasing, Houston, Texas
*Blackstone Equipment Financing, Orange, California
*Business Leasing NorthWest, Seattle, WA
*Capital One Equipment Finance, Towson, Maryland 
*CapitalSource Healthcare Finance, Chevy Chase, Maryland
*CapNet, Los Angeles, California
*C and J Leasing Corp, Des Moines, Iowa
*Carlton Financial Corporation, Wayzata, Minnesota
*Chase Industries, Inc., Grand Rapids, Michigan 
*Chesterfield Financial, Chesterfield, Missouri
CHG-MERIDIAN U.S. Finance, Ltd, Woodland Hills, CA
(Sales Management focuses very selectively on certain brokers.) 
*Churchill Group/Churchill Leasing, Jericho, NY
CIT Group (limited)
Citizens Business Bank, Ontario, CA
Columbia Bank Leasing, Tacoma, WA
*Columbia Equipment Finance, Danville, California 
Commercial Equipment Lease, Eugene, Oregon 
Concord Financial Services, Long Beach, California
*Court Square, Malvern, Pennsylvania
*Creative Capital Leasing Group, LLC, San Diego, CA
Crossroads Equipment Lease & Finance, Rancho Cucamonga, Ca 
Direct Capital, Portsmouth, New Hampshire
Diversified Financial Service, Omaha, NE
* Dolsen Leasing, Bellevue/Yakima, Washington
Equipment Finance Partners, a division of Altec, Birmingham, Alabama 
Evans National Leasing, Inc., Hamburg, NY
*Enterprise Capital Partners dba Enterprise Leasing, Spokane, WA
Enterprise Funding, Grand Rapids, Michigan
Enverto Investment Group, LLC, West Los Angeles, California
*Evergreen Leasing, South Elgin, Illinois
*Excel Financial Leasing, Lubbock Texas
*First Corp.(IFC subsidiary), Morton Grove, Illinois
First Federal Financial Services, Inc., Menomonee Falls, Wisconsin
First Republic Bank, San Francisco, CA
Frontier Capital, Teaneck New Jersey 
*GCR Capital, Safety Harbor, Florida 
GE Capital, Conn (limited)
Global Funding LLC., Clearwater, FL
*Greystone, Burlington, MA
*Heritage Pacific Leasing, Fresno, CA
*Hillcrest Bank Leasing, Overland Park, KS (Parent bank sold)
Huntington Equipment Finance, Vendor Finance Group, Bellevue, Washington
*IFC Credit Corp., Morton Grove, Illinois
Irwin Financial (Irwin Union Bank), Columbus, Indiana 
Irwin Union Bank, F.S.B. (Louisville, Kentucky)
Lakeland Bank, Montville, NJ
LaSalle Systems Leasing
*Latitude Equipment Leasing, Marlton, New Jersey 
*Leaf Specialty Finance, Columbia, South Carolina
*LEAF Third Party Funding, Santa Barbara, Ca.
Lombard, part of Royal Bank of Scotland, worldwide
M&T Credit (Bank)
Manufacturer's Lease Plans, Inc., Phoenix, Arizona
*MarVista Financial, Villa Park, California 
*MericapCredit, Lisle, Illinois
*Meridian Healthcare Finance, San Diego, California 
Merrill Lynch Financial
Midwest Leasing Group, Livonia, Minnesota
*Mount Pleasant Capital, Wexford, PA 
National City, Cleveland, Ohio
*Navigator (Pentech subsidiary) San Diego, California
OFC Capital, Roswell, Georgia
Old National Bank, Evansville, Illinois
*Pentech Financial, Campbell, CA
*PFF Bancorp, Inc, Pomona, CA
Pinnacle Business Finance, Fife, Washington
*Pioneer Capital Corporation, Addison, Texas
PredictiFund, a subsidiary of Capital Access Network, Inc
*Podium Financial Group, Inc.,Costa Mesa, CA
Popular Finance, St. Louis, Missouri
Puget Sound Leasing, Seattle, Washington 
Radiance-Capital, Tacoma, WA
Rational Technology Solutions, Rolling Meadows, IL
*Reliant National Finance, Jacksonville, Florida
Sandy Springs, Olney, MD
*Securities Equipment Lsg. (SEL, Inc.), Glendora, CA
*Select Equipment Leasing Co., Concord, CA
* Sharpe Financial Network, Phoenix, Arizona 
Sovereign Bank, Melville, New York
Specialty Funding, Albuquerque, NM
*Studebaker-Worthington Leasing, Corp., Jerico, NY
(part of sale from Main Street Bank to Ascentium Capital) 
Sun Trust Equipment Finance & Leasing, Baltimore, Maryland 
*SunBridge Capital, Mission, Kansas
Suncoast Equipment Funding Corp., Tampa, Florida
TCF Equipment Finance, Minnetonka, Minnesota 
TechLease, Morgan Hill, California
*Tennessee Commerce Bank, Franklin, Tennessee 
Textron Financial
*Triad Leasing & Financial, Inc., Boise, Idaho
*TriStar Capital, Santa Ana, California 
*Union Capital Partners, Midvale, Utah
US Bank, Manifest Funding, Marshall, Minnesota
(new requirement: large yearly funding) 
US Bank, Middle-Market, Portland, Oregon 
Velocity Financial Group, Rosemont, Illinois
VenCore, Portland, Oregon (former company Len Ludwig)
*Vision Capital, San Diego, California
Vision Financial Group, Inc. (VFG Leasing & Finance), Pittsburg, PA 
Wachovia Bank Leasing
*Warren Capital, Novato, California
*Washington Mutual Financial
Western Bank, Devils Lake, ND
*Westover Financial, Inc., Santa Ana, California

(Note: Should a company policy have changed, please contact kitmenkin@leasingnews.org)

Funders looking for new Brokers:
http://www.leasingnews.org/Funders_Only/New_Broker.htm

 

 

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Leasing News Edition and Website
Bank, Finance, Leasing Industry Help Wanted

For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm

"The Ignorance Plea"

Once in a while we forget that the signer of lease or loan documents must be given the lease documents with sufficient time for them to read, and hopefully understand, the transaction. This applies to all size leases, as even middle market leases are often "quick sign here." It also applies when documents are sent over the internet.

In the small ticket marketplace, many times we place the documents in front of the Lessee and say sign here, here, and here. We may even put an “x” where they are to sign. The lessee is busy. They want to sign quickly and get you out of there so they can go back to work.

This may have changed with documents being sent over the internet, including signature signed on line by such companies as DocuSign. I don't believe in a synopsis of the lease contract with the contract itself.  Supposedly, a proposal is sent earlier and should sufficient. Of course, answering any questions the signer might have is important, but trying to make a synopsis of a legal agreement may be misleading, as the document should stand by itself.

The internet has sped this up, as contracts are now sent by the World Wide Web and the lessee told where to sign. Even when sent overnight, there is the rush to order the equipment, sign the documents, and send back right away.

Then later on, when everything goes sour, the Lessee stands in front of a judge and pleads ignorance. The usual statement is: they were not given time to read the documents. It was sent by the internet or overnight, and I was told to sign it and get back right away. Even if they did receive by internet or overnight, I did not understand its content.

If you are dealing with a small company, be prepared for this argument.

Also, attorneys tell me they also hear this from larger companies, especially that it was explained by the salesman as a $1.00 out, even though it said, "fair market value," as that was for "tax reasons." Or, they did not understand "interim rent."  Yes, sometimes companies abuse these conditions, but the question is whether the lessee had time to read and understand the contract?

You should always give the Lessee a completed copy of the documents with all signatures and dates completed. This may not happen until the deal is funded so a good check list of facts should be explained to the Lessee at the time of closing.

This may seem a bit much for small ticket loans or leases, but it is important that the signer understand the content of the agreement. The court system takes a dim view of Lessor’s that “prey” on the ignorance of the lessee and get them to agree to transactions that they expect to function just like a loan because the Lessor’s salesperson said so.

Terry is now retired. The above is updated from a prior column.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm

 

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Aggregate Funding Sources
(Online: connects lessees, lessors, and vendors)

These are online companies that connect via Financial Technology to funders of business loans, leasing, working capital, and other finance methods to secure credit approval that meets the criteria of the funder that they represent as well as being the most attractive rate and terms for the applicant.

Some of these aggregate funding sources also will accept applications from third party originators (often called "brokers.")  Several also provide other services such as insurance, as well as utilization of their technology software.

https://capfundnow.com

http://www.capitalrelay.com

http://www.currencycap.com

https://www.leaseq.com

 

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Leasing Portals
(Over 4,000 Finance/Leasing Sites)

Perhaps the earliest such portals date to when Netscape came on line. Today Google, Yahoo, Opera, Bing, and others provide these searches for free. Portals led those seeking leasing and loans direct to sources. Only one appears active on the Internet today.

http://www.businessfinance.com/

The website states "Search over 4,000 sources of Business Finance and get your free matched list in seconds"
http://www.businessfinance.com/aboutus.asp#axzz3bqWFvQI2

The main page touts small business loans:

Small Business Loans    2,105 sources
Equipment Finance         317 sources
Working Capital             192 sources

Plus
Equity Investments      1,121 sources
Commercial Finance         178 sources
Commercial Mortgages     232 sources

 

 

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##### Press Release ############################

Former Bank Vice President Guilty Of Identity Theft & Fraud
Faces 30 Years in Prison

According to the statement of facts filed with the plea agreement, Kirk Russel Marsh, 39, of Oakton, was a former vice president at Virginia Commerce Bank and later at Fulton Bank. Virginia Commerce Bank and Fulton Bank’s parent company, Fulton Financial Corporation, received $71 million and $376.5 million, respectively, in Troubled Asset Relief Program (”TARP”) funds from the United States Treasury. At VCB, Marsh forged the signatures of senior bank officers to cause the fraudulent issuance of over $1.25 million in loans to small businesses. At Fulton Bank, Marsh used the name and personal identifying information of a former client to fraudulently apply for and obtain a $1 million line of credit, which he used to purchase another client’s software company, Wave Software, and make the down payment on his house. Marsh also made unauthorized draws on a $485,000 line of credit of another client, which he used to pay Wave Software operating expenses. After being fired by Fulton Bank, and while purportedly cooperating with the United States, Marsh pretended to buy a company that sold beauty products, Revive You Media. He then requested real financial information as part of purported due diligence. Marsh used that financial information to hold himself out as the owner of Revive You Media and seek financing. As part of those attempts to secure financing, Marsh also used the identities of other former clients and family members. The attempted loss is over $10 million.

Marsh pleaded guilty to wire fraud, bank fraud, and aggravated identity theft. He faces a maximum penalty of 30 years in prison when sentenced on November 17. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Christy Goldsmith Romero, Special Inspector General for the Troubled Asset Relief Program, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea. Assistant U.S. Attorney Katherine Wong is prosecuting the case.

### Press Release ############################

 

Shepherd
Larchmont, New York  Adopt-a-Dog

“Seg is a gorgeous Shepherd, about 7 years old and 74 lbs. He is very sweet and friendly. He is on the quiet side, gets along very well with other dogs and we think he would prefer a home with another friendly canine companion. He sleeps though the night in his foster mom's room, does not jump on furniture and is very respectful of all. Seg gets along with all types of four legged friends. This regal boy deserves a wonderful home!”

PET RESCUE
P.O. Box 393
Larchmont, NY 10538
(914) 835-3332
 nypetrescue@gmail.com

http://www.ny-petrescue.org/who.php

Adopt a Pet
http://www.adoptapet.com/

 

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Most Influential Lawyers
in Equipment Finance and Leasing

Stewart Abramson
Andrew Alper
Thomas V. Askounis
Julie Babcock
Joe Bonanno, CLFP
Bill Carey
Richard Contino
James Coston, CLFP
Jonathan Fleisher
Marshall Goldberg
Kenneth Charles Greene, Esq.
Michael A. Leichtling
Malcolm C. Lindquist
Barry Marks, Esq., CLFP
David G. Mayer
Allan J. Mogol
Frank Peretore
John G. Sinodis
Mark Stout
Kevin Trabaris
Allan Umans
Mark Wada
Michael J. Witt
Irwin Wittlin

 

 
Stewart Abramson has been a leading lawyer in the Equipment Finance industry for more than thirty years during which time he has been General Counsel of North American Corporation/National Equipment Rental, General Counsel of Charter Financial, Inc. and Managing Counsel for Wells Fargo, leading the legal group that supports all of Wells Fargo’s equipment finance businesses. He is a past chairman of the ELFA Legal Committee, has been an active member of numerous ELFA committees for many years, is a frequent speaker at industry conferences, and has written articles on industry related topics. However, beyond his expertise, industry activity and experience the key indicator of his influence is the frequency of which both lawyers and business people across the industry seek his advice on equipment financing matters. From providing advice about regulatory issues to sharing his thoughts on structuring transactions to providing market intelligence, Stewart is a frequent and influential counselor to the industry.

Andrew K. Alper is a recognized influential attorney representing equipment lessors, funding sources, and other financial institutions since 1979. He is a longtime contributor to the Legal Column for the Monitor magazine. He has been a director of Western Association of Equipment Lessors and United Association of Equipment Lessors, now the National Equipment Finance Association, as well as active with the Equipment Leasing and Finance Association, including serving as instructor for its Principles of Leasing class. He has presented seminars on Equipment Leasing for the Los Angeles County Bar Association. Mr. Alper also sits on the Los Angeles County Bar Commercial Law Committee.

Thomas V. Askounis is in the news a lot handling many major leasing and finance cases. He is very active with the Equipment Leasing and Finance Association, currently serves as a member of the Board of Directors and the Service Providers Business Council. He also served on the board of Director of the now National Equipment Finance Association. He previously served as President of the Hellenic Bar Association and is currently a member of the Leasing Subcommittee of the American Bar Association. He has 40 years’ experience in many top leasing and finance cases.

Julie Babcock has been practicing law in the leasing industry since 1993. Julie joined the Key Equipment Finance law group in 2002 and is currently legal counsel for the Specialty Finance, Vendor, and Syndications groups. For a brief period, Julie left Key Equipment Finance to provide legal counsel for KeyBank’s Commercial Lending Group, supporting commercial real estate, real estate construction, commercial loan servicing, healthcare, Native American lending, asset based lending, letters of credit, SBA, multi-family, and middle market lending.

Prior to joining Key, Julie was the head of the Legal Department at Republic Financial Corporation, Assistant General Counsel at MetLife Capital Corporation, an associate with the law firm of Bogle & Gates, and an Independent Petroleum Landman. She has been a frequent speaker at the Legal Forum of the Equipment Leasing and Finance Association. She received the Award for the Article Making the Greatest Contribution to the Leasing Industry for her article, “Buyer Beware: Key Issues Related to Acquisitions,” Journal of Equipment Lease Financing, Vol. 13/No. 1, Spring, 1995.

A Colorado native and avid Colorado Buffaloes fan, she earned her Bachelor of Science degree (with distinction) and her Juris Doctor degree (Order of the Coif) from the University of Colorado in Boulder, Colorado. She lives in Windsor, Colorado with her husband and three dogs.

Joe Bonanno, CLFP, he and Barry Marks should be credited with the great help they gave in the formation and beginning of the National Association of Equipment Brokers. In 1998, Barry left from alternating as the Legal Counsel for the association. Joe has not only contributed much here, but also to members and non-members with legal questions and dilemmas, and brought the progress of education, ethics, and good will, including serving on the CLFP Foundation board for many years. A major influence in the leasing industry, always available to answer questions, seemingly day and night. Extremely well respected by the leasing broker community as well as funders.

Bill Carey served as General Counsel and Corporate Secretary for USXL since it was founded in March 2004, and he continued in that position at Tygris Vendor Finance, now EverBank Commercial Finance. He has over 15 years of experience in the commercial finance industry, serving in leadership positions as an attorney with CIT, Newcourt Commercial Finance and AT&T Capital and handling transactions in vendor leasing, commercial lending, fractional aircraft finance and venture leasing, as well as M&A and other corporate finance matters. For a three year period, Bill was the executive vice president and general counsel of a London based technology publisher.

He also received two additional nominations:

"Bill Carey is the most effective leasing lawyer I have ever worked with—and I have worked with many! Bill is the perfect example of a legal business partner, akin to an HR business partner, or a Finance business partner. He provides timely, organized, and meaningful legal guidance to senior management regarding overall business matters, and to the sales teams regarding individual transactions and/or vendor program legal issues and opportunities."

"I worked with Bill for over 5 years while at *** and found him to be one of the best in the business for many reasons. In sales driven organizations, in house counsel often have to maintain a fine balance, managing risk by providing good sound legal advice while not being so conservative that they become an obstacle to the company achieving its mission. Bill always excelled at that; he understands the business. He was reasonable and creative in his approach to resolving problems, very accessible, responsive and balanced. He was always a gentleman in his dealings with customers and vendors, diplomatic and poised regardless of the situation.  In addition, Bill was a great coach to his Legal Dept. as well as to his internal “clients”, always making time for a teaching moment. Bill is well known in the industry. He has served as a past Chair of the ELFA Legal Committee and I’m certain he left his positive mark there as well."

Richard M. Contino is an internationally-recognized equipment leasing expert, with an extensive legal, business, marketing, tax, transaction structuring, financial and management background.  He is an advisor on all types of start-up and on-going equipment leasing business activities for lessors, lease lenders and syndicators, equipment vendors, lease investors and corporate lessees.  He is former General Counsel of De Lage Landen, Wayne, Pennsylvania, a subsidiary of The Rabobank Group, and the 14th largest equipment lessor in the U.S. Mr. Contino is the author of eight books on business, negotiating, and equipment leasing. He has conducted private on-site and publicly-held business success, communication, finance, and negotiation seminars throughout the United States for professional organizations (e.g., American Management Association, Equipment Leasing and Finance Association, Illinois Institute of Continuing Legal Education, National Seminars Group, Practicing Law Institute, and University of California Graduate School of Law) as well as corporations (e.g., AT&T, EXXON Corporation, NYNEX, and Texas Instruments Corporation). He is a retired JAG Captain, US Air Force.

 

James Coston, CLFP, active in several leasing associations, first attorney
serving as President (2004) of the United Association of Equipment Leasing, now National Equipment Finance Association. Counsel for leading financial institutions and other lenders and lessors for litigation and management of regional and national contracts and accounts. Active in major cases. Also entrepreneur and active in railroad transportation; politically active.

Jonathan Fleisher is a Toronto, Canada attorney whose practice
focuses on the commercial finance industry with a particular emphasis on innovative cross-border transactions and equipment and asset finance, where he has been recognized as a leading lawyer by the Canadian Legal Lexpert Directory and Best Lawyers. He has particular expertise assisting public and private US commercial finance companies with both establishing operations in Canada and purchasing and selling finance and lease companies, providing both legal and practical business advice.  He is also a prolific writer on topics related to equipment finance and cross-border transactions. Jonathan is the legal editor for Fleet Digest magazine and has completed both the Equipment Finance and Subordinated Debt chapters for Canadian Forms & Precedents. He has also drafted specific guides for US lenders expanding operations to Canada. He is a Director of the Canadian Finance and Leasing Association, Member of the Legal Committee of the Equipment Leasing and Finance Association, member of the American College of Commercial Finance Lawyers.

Marshall Goldberg has been an active member and leader for many years in financial institution associations, including the Equipment Leasing and Finance Association ("ELFA"), and the National Vehicle Leasing Association ("NVLA"). For ELFA, Marshall has served on the Legal Committee, the Credit and Collections Management Committee, and as a member of the Editorial Review Board of the Journal of Equipment Lease Financing. He is currently the Chairman of the Professional Development, Education and Information Sub-Committee for the ELFA Legal Committee. He is responsible for developing, organizing, managing and editing the Legal Website, which includes an online compendium of legal issues pertaining to the 50 States, "What's New in the Law", and the "Catalogue of Legal Information". He developed and now chairs and monitors the Legal Listserve, an online forum for attorneys to discuss pertinent legal issues on a daily basis. He is also the sole 2009 recipient of the annual "Excellence in Leasing Award" presented on behalf of ELFA and its Legal Committee.

Marshall is co-author and co-editor of the “Executive Guide to Remedies,” and the “Executive Guide to Lease Documentation”. He also speaks and instructs extensively within the legal and business communities. He has given numerous educational and strategic seminars throughout the United States on subjects including Loan and Lease Enforcement, and he provides annual legal update presentations for financial association lawyers, including written summaries of current case and statutory law.

Kenneth Charles Greene, Esq., very active in the beginning years of the Western Association of Equipment Lessors (now the National Equipment Finance Association) as well as the National Association of Equipment Leasing Brokers. Well known from attending many of the early conferences of several associations. Key attorney in the early years for Leasing News: From potential lawsuits regarding Bulletin Board Complaints, lawsuits, "bully" letters, 1st amendment issues, competitive practice, Mr. Greene has protected Leasing News without a financial charge or complaint. Also one time active in attorney speaker programs as well as author of a monthly law bulletin. An active professional musician as well as service the music industry in Los Angeles today.

 

Michael A. Leichtling, well-known attorney on corporate and financial matters, including complex mergers and acquisitions, corporate finance, venture capital and private financing transaction, specializing in leasing. counseling lessors, banks, funds, investors, and other funding sources. Member of several leasing associations, including serving on the Equipment Leasing and Finance Association Executive Committee, Chairman of the Board of Trustees, Equipment Leasing and Finance Foundation. Co-author with the late Jeff Wong, now retired Barry A. Dubin, as editor of the Commercial Finance Guide, now up-dated and published by Matthew Bender. Member, Board of Editors, Equipment Leasing Newsletter (Law Journal Publications). Author and Well-known speaker. Recipient of the 2007 ELFA Award for “Excellence in Leasing."

 

Malcolm C. Lindquist concentrates his practice on commercial finance, equipment leasing, mergers, acquisitions and the Uniform Commercial Code. His practice includes the documentation of complex loan transactions, lease transactions and sales of portfolios of leases and loans. Malcolm also has extensive experience representing lenders in loan enforcement actions, bankruptcy proceedings, receiverships and out of court workouts. He is a noted speaker, as well as an author, named as one of The Best Lawyers, Banking and Finance (2012-2015>  Member of several bar associations, elected Member, American Law Institute, Board of Regents (2006-2010; 2012-2016) for the American College of Commercial Finance Lawyers, Former Chair, Secured Lending Subcommittee, Commercial Finance Service Committee of the American Bar Association, on the Equipment Leasing Subcommittee of UCC Committee, Executive Board (2009-Present, Association of Commercial Finance, served on the legal committee of the Equipment Leasing and Finance Association, as well as active in his community.

 

Barry Marks, Esq., CLFP, was the original attorney for National Association of Equipment Leasing Brokers and a very forward thinking, bright attorney and practical businessman. He helped the organization grow and recommended Joe Bonanno, CFLP, to take his position when he retired to become an ex-officio board member. Barry was winner of the Bill Granieri award for leasing education. Always available to answer leasing and finance questions at no charge and to brainstorm problems and solutions, he is a published author and co-author of books on leasing. He also produces a well-read monthly newsletter (available through www.leaselawyer.com ). He is also known for his three poetry books and many published poems and stories. Barry was named Alabama Poet of the Year in 1999 and was a runner up for the prestigious Eric Hoffer Award for books published by small presses.

David G. Mayer---Perhaps best known as the author of "Business Leasing for Dummies" (September, 2001) as well as an online newsletter "Business Leasing and Finance News" (2002-2012) which had 6,000 subscribers in 33 countries. He has written other articles, primarily on business aviation, aircraft leasing and finance, which he is known, especially involving international and cross-border transactions.  He started this specialist rising to Senior Counsel, GATX Corp, then going as corporate counsel, primarily in transportation equipment, including aircraft, vessels, truck and trailers, including project financing and operation. He is active in the Equipment Leasing and Finance Association, as well as has been a contributing author to the Equipment Leasing and Finance Foundation surveys. He is an Eagle Scout.

Alan J. Mogol, Attorney -Mogol, over the last 40+ years, created a large volume of the middle market lease documentation currently used by the majority of the larger bank and finance companies in the industry; including standard forms of lease documentation as well as industry standar syndication, assignment, notice of assignment, participation and motor vehicle titling trust documents. Much of what Mogol has created is considered de facto industry standard in the bank middle market space. He is a frequent lecturer and author in the equipment financing area.

 

 

Frank Peretore has written many articles on leasing for the news media as a recognized expert on commercial lenders and lessors, including two books, "Workouts and Enforcement for the SecuredCreditor and Equipment Lessor" and "Secured Transactions for the Practitioner: How to Properly Perfect Your Personal Property Lien and Assure Priority." He is currently the Secretary of the National Equipment Finance Association, serving on the board since 2009, as well as serving on many legal committees. He was also on the Board of Directors, Eastern Association of Equipment Lessors, and served on legal committees for the Equipment Leasing & Finance Association. He brings his law experience to his writing and leasing association meetings and conferences. He is highly respected by his colleagues for his dedication to the finance and leasing industry as well as to law.

 

 
John G. Sinodis practice emphasizes the representation of equipment lessors and funding sources in all aspects of equipment leasing including litigation, documentation, insolvency, and transactional matters. Besides representing equipment lessors and funding sources, Mr. Sinodis represents financial institutions and asset-based lenders in the areas of commercial litigation, secured transactions, asset recovery, loan restructure and business litigation. Mr. Sinodis is an active member of the Equipment Leasing and Finance Association (ELFA) and the National Equipment Finance Association (NEFA). Prior to joining the firm, Mr. Sinodis served as the president of General Leasing Co. and is presently a member of its board of directors.

 

 
"Mark Stout helped me to locate, obtain and return a stolen truck to one of my lessees after the truck had been driven across the state of Texas – in just 3 days – by utilizing his expertise and relationships 6 counties away. This could have been a disaster for my lessee. I called Stout – Stout called whoever it was he called and the truck was returned. Easy – and that’s what I like."

Mr. Stout represents in excess of thirty financial institutions and leasing companies.

Within the last four years, Mr. Stout has represented commercial lenders in excess of 150 state court proceedings. Mr. Stout handles an extensive trial docket that generally entails at least three court appearances each week in various courts in Texas. In conjunction with his state court proceedings, Mr. Stout frequently utilizes sequestration/replevin proceedings to quickly recover his client’s collateral. Mr. Stout has filed approximately 200 sequestration/replevin actions in Texas. Mr. Stout represents in excess of thirty financial institutions and leasing companies. Within the last four years, Mr. Stout has represented commercial lenders in excess of 150 state court proceedings. Mr. Stout handles an extensive trial docket that generally entails at least three court appearances each week in various courts in Texas. In conjunction with his state court proceedings, Mr. Stout frequently utilizes sequestration/replevin proceedings to quickly recover his client’s collateral. Mr. Stout has filed approximately 200 sequestration/replevin actions in Texas.

 

Kevin Trabaris has extensive experience representing banks, financial companies, equipment lessors, insurers, and other funding and intermediary entities and borrowers in connection with thousands of business financing matters.  He has handled everything from small ticket transactions to billion dollar syndicated loans, real estate financing to asset-based facilities. He is an active member of the Commercial Finance Association, LinkedIn Capital Equipment Leasing Group and Equipment Leasing Professionals Group. He has an excellent reputation among his colleagues

Allan Umans is in charge of documentation and legal affairs at Pacific Rim Capital, reportedly the nation's largest independent lessor of material handling equipment. In his field, he has an excellent reputation. He previously served as General Counsel and Secretary of Relational Technology Services, Inc. and Assistant General Counsel and Assistant Secretary of El Camino Resources, Ltd., both independent technology leasing companies. Mr. Umans has a JD degree from Southwestern University Law School and a BA degree in Economics, with honors, from the University of Manitoba.

Mark Wada, founding shareholder of the Portland, Oregon law firm Farleigh Wada Witt, has been listed in Oregon Super Lawyers for the tenth consecutive year in the specialty area of banking and finance. And for the seventh year in a row Mark was selected by his peers for inclusion in The Best Lawyers in America for banking and finance law. Mark has expertise in representing banks, commercial lenders, equipment lessors, private equity funds, and other financial service providers. Representation of lenders in commercial loans and leases to high tech companies, including intellectual property security agreements and warrant terms. Representation of numerous commercial lenders and lessors in workouts, collateral liquidations, collection matters and sales of individual loans and portfolios. In 2010, he was appointed to serve a three-year term on the Equipment Leasing and Finance Association Legal Committee. He is past-president of the Oregon Law Foundation and Campaign for Equal Justice, and has served as a member of the Executive Committee of the Oregon State Bar Debtor-Creditor Section, the Board of Directors of the Multnomah Bar Association, as well as its treasurer, representative to the American Bar Association House of Delegates, and the Board of Directors and Executive Committee of the United Cerebral Palsy Association of Oregon and Southwest Washington.

 

 

Michael J. Witt today provides portfolio auditing services to commercial banks and finance companies, as well is active in law. He has written articles for Leasing News as well as other industry news media from his experience as Managing Counsel, Wells Fargo & Company, Des Moines, Iowa, and Senior Vice President & General Counsel, Advanta Business Services, Voorhees, New Jersey. He has served as an expert on finance and leasing laws for other attorneys, recently joining the LEAN Attorney network.

 

Irwin Wittlin is well-known in the leasing industry as he was past member of the Board of Directors of the United Association of Equipment Leasing (UAEL) at time of merger and formation of National Equipment Finance Association (NEFA). He is a past chairman of the legal committee and has spoken on a variety of legal issues at recent conventions, including the topics of, "Effective Lease Collections," “Working With Outside Counsel," "Fraud Prevention," "Maintaining Your Business Credit Line," and “Selected Issues in NorVergence”. He is an instructor for the Certified Lease Program Foundation ("CLP") on the subjects of lease law, lease documentation, and collections. Mr. Wittlin is a frequent speaker on various legal and collection related topics for various professional organizations, with an emphasis on leasing, business litigation and collections.

News Briefs----

List of Defunct Department Stores of the United States
 Not Just Online Sales, Trend Has Been Here for Years
https://en.wikipedia.org/wiki/List_of_defunct_department_stores_of_the_United_States

 

 

[headlines]
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You May Have Missed---

Volkswagen will bring you its buzzy next-gen electric bus in 2022
http://mashable.com/2017/08/20/volkswagen-id-buzz-electric-bus-2022/#AchMWcs6oiqK

[headlines]
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Baseball Poem

there Is nothing, in sport, like a new baseball
by Tim Peeler

Without seeing one, I can feel it in
My hand, fresh from an umpire's dark blue
Canvas bag: a sweet white sphere—but not as
Smooth as one might think a palomino's 
Forgiving hide.

It feels a bit like your dry face after
A very close shave, and the odor is
Quite like a new leather belt or wallet—
A good pitcher could smell the sharp break in
The face of the rock—and every baseball
Has one: a mouth, closed eyelids, a low brow,
The receding hairline of red stitches.

In sport what can you compare with this orb?
A puck? A grainy leather basketball?
Without seeing one, I can feel how it
Rests in the open palm of my right hand,
The excitement of placing two fingers
With or against the lightly rising seams,
Rubbing it with my glove propped between my
Elbow and hip while a batter fidgets
Inside a perfectly fresh line of chalk.

--- with the permission of the author, from his
book of baseball poetry: “Waiting for Godot's First Pitch”
More Poems from Baseball
available from Amazon
or direct from the publisher at: www.mcfarlandpub.com

 

 

[headlines]
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Sports Briefs----

Raiders fans sound off on Las Vegas move
   as preseason home opener commences
http://www.mercurynews.com/2017/08/19/raiders-fans-sound-off-on-las-vegas-move-as-preseason-home-opener-commences/

Derek Carr says he placed his hand on Khalil Mack
  during the national anthem to 'unify people'
https://www.sbnation.com/nfl/2017/8/20/16175526/raiders-derek-carr-khalil-mack-national-anthem-unity

49ers sloppy in opening act at home
http://www.mercurynews.com/2017/08/19/49ers-sloppy-in-opening-act-at-home/

The forgotten Jets quarterback begins to make his case
http://nypost.com/2017/08/20/the-forgotten-jets-quarterback-begins-to-make-his-case/

[headlines]
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California Nuts Briefs---

Eclipse to Have Big Impact on California Power
http://www.nbclosangeles.com/news/local/Eclipse-California-Power-441083883.html

 

[headlines]
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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

With new To Kalon brand, Constellation revives
   legendary Napa wine dispute
http://www.sfchronicle.com/wine/article/With-new-To-Kalon-brand-Constellation-revives-11878455.php

Oregon wine sales surge, besting California, Washington by %
https://www.bizjournals.com/portland/news/2017/08/17/oregon-wine-sales-surge-besting-california.html

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

 

This Day in American History

    1680 - Pueblo Indians took possession of Santa Fe, N.M., after driving out the Spanish. They destroyed almost all of the Spanish churches in Taos and Santa Fe.
    1781-The jury in Great Barrington, MA granted Elizabeth Freeman, known as Mum (or Marm” ) Bett, her freedom, thus becoming the first slave to be emancipated in the so called free world. The wife of her owner, Colonel John Ashely of Sheffield, MA, tried to hit her own sister with a hot iron and Elizabeth Freeman interfered and received the blow on her arm, where she was scared for life. She ran away to the home of lawyer Theodore Sedwick, whom she had seen at the Ashley house discussing the rights of man with a group of Sheffiled notables, and obtained his help in suing for her freedom. She died December 28,1829, and was buried in the Sedgwick family plot
    1831- You probably read about this in history as there were many such rebellions but one of the first on this large scale took place in Southampton County, VA. It was led by Nat Turner, an African-American slave and religious visionary who believed that he was divinely chose to lead his fellow slaves to freedom. With seven accomplices, Turner killed his owner Joseph Travis, and the Travis family in their sleep, then led more than 70 followers in a two-day revolt in which 55 to 60 whites were killed. State militiamen and armed whites confronted the rebels near Jerusalem, VA, and killed as many as 100 slaves, a number of whom had not taken part in the rebellion. Turner escaped, but was caught six weeks later and hanged on November 11.
    1863-Confederate raider William Clarke Quantrill launched a predawn terrorist raid on Lawrence, Kansas, leaving 150 civilians dead and much of the town ruined. Quantrill had been denied a commission in the Southern army for his barbaric approach to war. Many say he was a “bandit,” and was in the war for what he and his men could steal and pilferage.
http://www.tsha.utexas.edu/handbook/online/articles/view/QQ/fqu3.html
http://jessejamesvirtualmuseum.com/quantrill.htm
    1863-Paper money fractional currency was issued from this date to May 27, 1863, in denominations of 5 cents, 10 cents, 25 cents, and 50 cents. They are collection items today. The bills were originally issued with perforated edges, but later were cut plan. They were also known as “postage currency,” as they depicted postage stamps. They were receivable in payment for all dues to the United States less than $5 and were exchangeable for United States notes by any assistant treasurer or designed U.S. Depository in sums not less than $5.
    1866-Birth of Civilla D. Martin, teacher and songwriter, in Nova Scotia. A pastor's wife, she penned in     1904 the hymn, "Be Not Dismayed, Whate'er Betide" (a.k.a. "God Will Take Care of You"). 
    1874- Popular 19th century preacher Henry Ward Beecher (1813-1887) was accused by Theodore Tilton of committing adultery with his wife. The resulting trial ended in a 9-3 hung jury decision, in Beecher's favor.
    1878- The American Bar Association was founded in Saratoga, New York to store all the attorney jokes. They ran out of room a few years later, giving birth to other state and local bar associations to store their records; now available on CD Rom. Also available at
http://www.leasingnews.org/Conscious-Top%20Stories/att_jokes.htm 
(These are mostly from attorneys, including the great, late stand-up comic, leasing law expert Jeff Wong, Esq.)
    1879- The first telephone exchange opened for business, Galveston, Texas.
http://www.tsha.utexas.edu/handbook/online/articles/print/TT/egt2.html 
    1883-Rochester, MN was hit with an F5 tornado killing 31, injuring 200, and wrecking 1351 dwellings.
    1896 -- Author Roark Bradford born Lauderdale County, Tennessee. He wrote fiction & folklore based on childhood contacts with African-American preachers, musicians, & storytellers on the plantations.
http://www.kirjasto.sci.fi/rbradf.htm
    1904- William (Count) Basie, who led one of the top big bands in the world for more than 45 years, was born in Red Bank, New Jersey. Basie became stranded in Kansas City while touring with a vaudeville show in 1927. He was originally a drummer. When the pianist was sick, he sat in. He was known for playing short riffs, called in the trade, “composer piano,” and brought his drum, rhythm skills to the piano. He the joined the Blue Devils led by bassist Walter Page. (Page became part of the Basie famed rhythm section: Freddie Green on guitar and Jo Jones on drums. While the drummer changed during the years, Green and Page were with the band until they died. ) Kansas City was where jazz was “hot”. He then joined the best band at the time led by the famed Bennie Moten, a “riff band” of renown. When Moten died in 1935, Basie took over. By 1937, when the Count Basie Orchestra made its New York debut, its personnel included such jazz stars as tenor saxophonists Lester Young and Herschel Evans, trumpeter Buck Clayton, Basie's former employer Walter Page on bass, drummer Joe Jones and singer Jimmy Rushing. Originally there was no music written and the “riffs” were improvised per sections, very similar to Dixieland music, but in saxophone, trombone, trumpet sections. Most of it was “ad lib.” In the late 1940's, when big band jazz was over, Basie scaled down to seven men. In the early 1950's, with the help of new composers such as Quincy Jones, Frank Wes, and singer Joe Williams, the big band started up again. He was perhaps Frank Sinatra's favorite band and the new generation of musicians was the finest in the land. Lambert-Hendricks-Ross had many hit records with Basie tunes put to words. The Count from Red Bank, New Jersey led his band almost continuously until a few months before his death of cancer on April 26th, 1984. Please see: “postscript..” )
http://www.harlem.org/people/basie.html 
http://www.pbs.org/jazz/biography/artist_id_basie_count.htm 
http://www.countbasietheatre.org/
    1912- Arthur Rose Eldred of the Oceanside, NY, troop became the first American Eagle Scout.
http://memory.loc.gov/ammem/today/aug21.html
    1918 - A tornado struck Tyler, MN, killing 36 persons and destroying most of the business section of the town resulting in a million dollars damage.
    1928 – Birthday of Art Farmer (musician: trumpet, flugelhorn: worked w/Horace Henderson, Johnny Otis, Lionel Hampton Band; recorded be-bop classic Farmer's Market; developed musical instrument called ‘flumpet'; died Oct 4, 1999) 
http://members.tripod.com/~hardbop/farmer.html
    1928-Birthday of bassist Addison Farmer, Council Bluffs, IA.
    1931- Babe Ruth hits his 600th HR (Yanks beat Browns 11-7)
    1935- Benny Goodman opens at Palomar Ballroom, Los Angeles: regarded as the birth of the Swing Era!!! The Goodman Orchestra played an ecstatically received concert at the Palomar Ballroom in Los Angeles. Until then, the band had been playing the commercial sweet music of the day. But for the Palomar date, Goodman decided to go for broke, playing hot numbers like "Just You, Just Me" and "Air Mail Special." The concert is generally regarded as being the start of the Swing Era, and by the end of the 1930's, Goodman was known as the "King of Swing."
    1936-Birthday of Wilt Chamberlain, Basketball Hall of Fame center, born at Philadelphia, PA. NBA MVP Award: Philadelphia Warriors [1960], Philadelphia 76ers [1966, 1967, 1968 Died October 12, 1999 at Los Angeles, CA.
    1938-Birthday of singer Kenny Rogers, Houston, TX, considered one of the highest-paid entertainers in the world in his “hey day.” A 1980's tour with Dolly Parton netted him more than $200,000 a night and two of his palatial homes were once valued at nearly $15 million. After singing folk with the New Christy Minstrels and rock with the First Edition, Rogers began his solo career in 1975. His breakthrough came two years later with "Lucille," which sold millions to both pop and country music fans. Rogers has continued to score million-sellers with his middle-of-the-road country style. Grammy and CMA Award-winning singer: She Believes in Me, Lady, Lucille, Islands in the Stream [w/Dolly Parton], What are We Doin' in Love [w/Dottie West], Through the Years, We've Got Tonight [w/Sheena Easton], You Decorated My Life, Coward of the County, The Gambler; groups: The Kirby Stone Four, The New Christy Minstrels, The First Edition; actor: The Gambler series).
http://www.delafont.com/music_acts/Kenny-Rogers.htm
    1942--SMITH, JOHN LUCIAN Medal of Honor Rank and organization: Major, U.S. Marine Corps, Marine Fighter Squadron 223, Place and date: In the Solomon Islands area, August-September 1942. Entered service at: Oklahoma. Born: 26 December 1914, Lexington, Okla. Other Navy award: Legion of Merit. Citation: For conspicuous gallantry and heroic achievement in aerial combat above and beyond the call of duty as commanding officer of Marine Fighting Squadron 223 during operations against enemy Japanese forces in the Solomon Islands area, August-September 1942. Repeatedly risking his life in aggressive and daring attacks, Maj. Smith led his squadron against a determined force, greatly superior in numbers, personally shooting down 16 Japanese planes between 21 August and 15 September 1942. In spite of the limited combat experience of many of the pilots of this squadron, they achieved the notable record of a total of 83 enemy aircraft destroyed in this period, mainly attributable to the thorough training under Maj. Smith and to his intrepid and inspiring leadership. His bold tactics and indomitable fighting spirit, and the valiant and zealous fortitude of the men of his command not only rendered the enemy's attacks ineffective and costly to Japan, but contributed to the security of our advance base. His loyal and courageous devotion to duty sustains and enhances the finest traditions of the U.S. Naval Service. 
    1944—Birthday of Jackie DeShannon, singer, songwriter, born Hazel, KY. Her 1965 recording of Burt Bacharach's "What the World Needs Now Is Love" earned four Grammy nominations. And in 1969, "Put a Little Love in Your Heart," a song which DeShannon co-wrote, sold two-million copies. “What the World Needs Now is Love” was another of her big hits. Although her recording career was not successful after the early '70s, DeShannon continued to score as a songwriter. She is co-author of Kim Carnes's 1981 hit, "Bette Davis Eyes."
http://www.swinginchicks.com/jackie_deshannon.htm
    1947-- The first Little League World Series tourney is held at Williamsport, Pennsylvania. With a .625 team batting average, the hometown Maynard Midgets easily win the tournament, 16-7.
    1956---Top Hits
My Prayer - The Platters
Hound Dog/Don't Be Cruel - Elvis Presley
Canadian Sunset - Hugo Winterhalter & Eddie Haywood
I Walk the Line - Johnny Cash
    1956--Comics Bill Buchanan and Dickie Goodman have the number three song in America with a novelty tune called "Flying Saucer". The premise of the record was two radio news reporters who ask questions which are then humorously answered with snippets from mid-'50s hits. Buchanan and Goodman were sued by 17 different record companies for copyright infringement, but all were dismissed by a ruling that said the parodies did not infringe on the sales of the original hits. 
    1956-Barry McGuire's "Eve of Destruction" and The Lovin' Spoonful's "Do You Believe in Magic" are released.
    1957-In 1953 Congress adopted a proposal to terminate assistance to non-recognized Indian tribes. Seminole leaders and tribal members began to fight the proposal by drafting a constitution and charter for the Seminole Tribe. These were later approved by the Secretary of the Interior. On this date, a majority of tribal members voted to establish the Seminole Tribe of Florida. Today, 2,200 Seminoles live on five reservations in Florida.
    1959-President Dwight Eisenhower signed a proclamation admitting Hawaii to the United. States. The statehood bill had passed the previous March with a stipulation that statehood should be approved by a vote of Hawaiian residents. The referendum passed by a huge margin in June and Eisenhower proclaimed Hawaii the 50 state today in 1959. The president also issued the order for a new flag of 50 stars arranged in staggered rows: five 6-star rows and four 5-star rows, the flag to become as it is today. In March of 1959, the statehood bill had been passed; but it contained a stipulation that the residents of the Hawaiian Islands would have to give their vote of approval. Three months later, they did so -- and by a huge margin. Hawaii, the Aloha State, finally became the 50th state of the United States of America. Although the Aloha State is made up of a chain of 122 volcanic islands spread out over 1,600 miles, only seven, at the southeastern end of the chain, are inhabited: Hawaii (the Big Island), Maui (the Valley Isle), Lanai (the Pineapple Isle), Molokai (the Friendly Isle), Kauai (the Garden Isle), Niihau (the Forbidden Island), and Oahu (the Gathering Place). Oahu is the home of the state capital, Honolulu, and about 75% of the state's population ... a population that is truly a melting pot of all races and religions. The yellow hibiscus is the Hawaii state flower. The nene or Hawaiian goose is the state bird and the humuhumunukunukuapua'a is the state fish. The state motto of Hawaii is: Ua mau ke ea o ka aina i ka pono. = The life of the land is perpetuated in righteousness.
    1964---Top Hits
Everybody Loves Somebody - Dean Martin
Where Did Our Love Go - The Supremes
Rag Doll - The 4 Seasons
Dang Me - Roger Miller
    1965-The Rolling Stones album, "Out of Our Heads," is number one on the U.S. album chart. Songs off the LP include, "Satisfaction," "Play With Fire" and "The Last Time."
    1965- A “trick answer:” Lieutenant Colonel Leroy Gordon Cooper, who's first trip was on Faith 7, made his second flight on August 21-29, when he and Lt. Commander Charles Conrad, Jr. made the two man space flight of 120 orbits in 190 hours 55 minutes 14 seconds in Gemini 5. The first to do this. It was not John Glenn. Cooper was the first astronaut to make two trips into outer space.
    1968--YOUNG, MARVIN R. Medal of Honor Rank and organization: Staff Sergeant, U.S. Army, Company C, 1st Battalion, (Mechanized), 5th Infantry, 25th Infantry Division. Place and date: Near Ben Cui, Republic of Vietnam, 21 August 1968. Entered service at: Odessa, Tex. Born: 11 May 1947, Alpine, Tex. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. S/Sgt. Young distinguished himself at the cost of his life while serving as a squad leader with Company C. While conducting a reconnaissance mission in the vicinity of Ben Cui, Company C was suddenly engaged by an estimated regimental-size force of the North Vietnamese Army. During the initial volley of fire the point element of the 1st Platoon was pinned down, sustaining several casualties, and the acting platoon leader was killed. S/Sgt. Young unhesitatingly assumed command of the platoon and immediately began to organize and deploy his men into a defensive position in order to repel the attacking force. As a human wave attack advanced on S/Sgt. Young's platoon, he moved from position to position, encouraging and directing fire on the hostile insurgents while exposing himself to the hail of enemy bullets. After receiving orders to withdraw to a better defensive position, he remained behind to provide covering fire for the withdrawal. Observing that a small element of the point squad was unable to extract itself from its position, and completely disregarding his personal safety, S/Sgt. Young began moving toward their position, firing as he maneuvered. When halfway to their position he sustained a critical head injury, yet he continued his mission and ordered the element to withdraw. Remaining with the squad as it fought its way to the rear, he was twice seriously wounded in the arm and leg. Although his leg was badly shattered, S/Sgt. Young refused assistance that would have slowed the retreat of his comrades, and he ordered them to continue their withdrawal while he provided protective covering fire. With indomitable courage and heroic self-sacrifice, he continued his self-assigned mission until the enemy force engulfed his position. By his gallantry at the cost of his life are in the highest traditions of the military service, S/Sgt. Young has reflected great credit upon himself, his unit, and the U.S. Army. 
    1969 - No. 1 Billboard Pop Hit: "Honky Tonk Women," The Rolling Stones.
    1972---Top Hits
Alone Again (Naturally) - Gilbert O'Sullivan
Brandy (You're a Fine Girl) - Looking Glass
Long Cool Woman (In a Black Dress) - The Hollies
Bless Your Heart - Freddie Hart & The Heartbeats
    1973-Although it attracted 41% of the time share, the re-run of the episode which had 47-year-old Maude (in the TV sit-com *Maud*) opting for an abortion did not have one single commercial sponsor. Several organized religious groups protested the episode and convinced almost 40 TV stations not to carry the show.
    1979 - No. 1 Billboard Pop Hit: "My Sharona," The Knack. Billboard ranks the song the No. 1 single of the year.
    1980---Top Hits
Magic - Olivia Newton-John
Sailing - Christopher Cross
Take Your Time (Do It Right) - The S.O.S. Band
Tennessee River – Alabama
    1980-Linda Ronstadt debuted on Broadway in the production of Gilbert and Sullivan's, The Pirates of Penzance.
    1980-"The Pirates of Penzance" co-starring Linda Ronstadt, moves to Broadway.
    1982- Relief pitcher Rollie Fingers of the Milwaukee Brewers became the first pitcher to record 200 saves in his career as the Brewers beat the Seattle Mariners, 3-2.
    1982-Relief pitcher Rollie Fingers of the Milwaukee Brewers became the first pitcher to record 300 saves in his career as the Brewers beat the Seattle Mariners, 3-2.
    1983-record high for the state of North Carolina was set when temperatures reached 110 at Fayetteville.
    1984 - Clint Eastwood contributed a hand print and the words, “You made my day,” to the Hollywood Walk of Fame in front of Mann's Chinese Theatre.
    1986 - The Boston Red Sox made history against the Cleveland Indians. The Red Sox whipped the Indians 24-5 in the worst loss in the Tribe's 85-year history. Greg Swindell made his major-league debut on the mound for the Indians. Dennis ‘Oil Can' Boyd got a 17-run lead for Boston and, luckily, held on for the win.
    1987 - Early morning thunderstorms produced severe weather in eastern Iowa and west central Illinois. Thunderstorms produced wind gusts to 82 mph at Moline IL, and tennis ball size hail at Independence IA. Rock Island IL was drenched with 3.70 inches of rain. Total damage for the seven county areas of west central Illinois was estimated at twelve million dollars.
    1988---Top Hits
Roll with It - Steve Winwood
Monkey - George Michael
1-2-3 - Gloria Estefan & Miami Sound Machine
Bluest Eyes in Texas - Restless Heart
    1989 - Afternoon and evening thunderstorms produced severe weather from Kansas to Minnesota and North Dakota. Thunderstorms in Minnesota produced baseball size hail from Correll to north of Appleton. Thunderstorms in north central Kansas produced wind gusts higher than 100 mph at Wilson Dam. Thunderstorms around Lincoln NE produced baseball size hail and up to five inches of rain, and Boone NE was deluged with five inches of rain in an hour and a half.
    1992-Sacramento, CA hits 90 for the 40th straight days, a record for that city.
    1993 - The soundtrack from "Sleepless in Seattle" hit number one on the "Billboard" LP chart. Other hit albums: #2 "Black Sunday" (Cypress Hill), #3 "Janet." (Janet Jackson), #4 "Zooropa" (U2), #5 "Core" (Stone Temple Pilots).
    1994- Bruce Springsteen was a surprise participant in a jam session at a 400 seat club in Long Branch, New Jersey. Dion showed up later in the evening to sing his hit "The Wanderer." Springsteen got his start in the early '70s by playing in bars along the Jersey shore. Thus began a new tradition of Springsteen appearing at his old haunts, and today with much citizenship, trying to revive commerce in Ashbury Park, New Jersey.
    1995 - Seal's single "Kiss From A Rose" tops the Billboards Hot 100. The "Batman Forever" tune is the second Batman movie single to top the charts. Prince went all the way with "Batdance" from the film "Batman" in 1989.
    1999 - Hua Mei, the giant panda cub, was born at the San Diego Zoo weighing a not-so-giant 4-5 ounces. Her parents are Bai Yun and Shi Shi (they arrived at the zoo on Sep 10, 1996 on a 12-year conservation study). Hua Mei was the first panda born in the U.S. in ten years.
    2002-- In longest game ever played in Little League World Series history, Louisville, Kentucky beats Fort Worth, Texas in the US semifinal in 11 innings, 2-1. A record-setting with 49 strikeouts is recorded as Fort Worth's Walker Kelly strikes out 21 in nine two-hit innings and Louisville's Aaron Alvey fans 19 batter over nine no-hit inning. 

* Post Script : the Count Basie Band was my favorite since discovering jazz in 1955 with "Joe Williams Sings, Count Basie Swings." I took my kids to all his concerts, and when younger, waited outside restaurant kitchens to hear him play. Often they would like us "white boys" in and we got to know some of the players. My kids and I shook his hand at his last performance here at the Circle Star, San Carlos, California. I will never forget it. My son, who was the oldest, talks about it to this day. He became a rock ‘n' roll drummer, had great hands and rhythm, although he has all Buddy Rich's CD's and also listened to big band music, such as Basie. My oldest daughter is a big jazz fan with pictures of Billie Holiday, Miles Davis, and others in her living room. My youngest daughter, who was too young to go to the concerts, lives in Nevada and is a big country and western fan. Sue's oldest and middle daughter likes Billy Joel, Paul Simon, and others we played the most, and the youngest “rap,” although she likes “Barry Malinow” and “Harry Connick,” that we play all the time. I think kids later enjoy the music they heard when young, one of the reasons to expose them early to classical music ( in fact, they have records to play for babies they say the harmonies not only relax them, but later in life, they appreciate Bach and Brahms ). Kit Menkin