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EAR Vendor Ferguson Hearing Set for March 17, 2015

George Ferguson, 70, owner and president of Machine Tools Direct, Carlisle, Pennsylvania, status hearing is set for March 17, 2015 at 9:00am before the Honorable Harry D. Leinenweber.

"The purchase prices of the equipment listed in the invoices were inflated and not determined through any arms-length negotiations between EAR and MTD. Instead, Player and Ferguson had been working together to make it appear to financial institutions and finance companies that EAR and MTD were separate companies and that EAR needed financing to purchase equipment from MTD. Defendant joined that scheme. When financial institutions and finance companies funded loans to EAR based in part on the false and fraudulent invoices that were submitted, the financial institutions and finance companies often provided the funds directly to MTD. After financial institutions and finance companies provided money to MTD, MTD sent all but 2% of the loan.."
(1) page 4

"As a result of the fraudulent scheme, at least approximately
42 financial institutions or finance companies provided approximately $196 million in financing to EAR, and sustained losses of approximately $112,772,779 because EAR did not pay those loans back."
(1) pages 6 & 7

There were other vendors involved, as well as lessors and third party
originators that an "in house" broker, still active in the industry,
would split fees with Sheldon Player.

Guilty Plea, admits all (20 pages):
http://www.leasingnews.org/PDF/AnstettPleadsGuilty_2015.pdf

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EAR and Leasing Innovations
by Christopher Menkin

In the last Bulletin Board Complaint of Leasing Innovations, Solano Beach, California it was noted:

“Leasing Innovations also has an “investment program” to invest in leases:
http://www.leasing123.com/investors.html

“The company does not appear under its name as a licensed Finance Lender in the State of California, subject to audits as well as other requirements.” (1)

This was important as John Otto has a California Finance Lender’s license for Heritage Leasing, but not for HL Leasing, and Clay Warren had a license for Warren Capital but not for Warren Equipment Finance. They both knew that with a license they would be required to produce annual financial statements, tax returns, including answers to State of California form, and they would be subject to audit at their place where the license was issued, including verification of their credit process (including checks with companies used to conduct credit) at the location of the license. Whether this is the reason Leasing Innovations is not found licensed is not known. http://www.dbo.ca.gov/fsd/licensees/default.asp

There is a connection with the Sheldon Player operation and Leasing Innovations involving equipment on a Leasing Innovation lease.

After publishing the history of Sheldon Player, his arrest for what he also was doing at Equipment Acquisition Resources (EAR), and making an Alert, Leasing News received perhaps up to 50 telephone calls from funders, primarily small banks around the country who were dealing with third party originators. One was Bank of Dixon County, Ponca, Nebraska, who wound up filing a suit for $321,596 against EAR. The key that I saw was the same as Don Blody, now Credit and Collection Manager with Madison Capital, Ownings Mills, Maryland, saw with the financial statements not matching the federal tax returns in the suit, which involved “a Refurbished Okamoto Model GNX 200 Precision Backgrinder s/n GNX 200-009-HT costing $297,000” being sold by Leasing Innovations and leased to EAR. (2).

There was a letter of tax exempt status from Leasing Innovations (3) as the lease was “assigned by Leasing Innovations to the Plaintiff. Less than four months after Leasing Innovations extended credit to EAR.” (4)

At the time, many small banks were receiving EAR leases, and the hit to Bank of Dixon, Ponca, Nebraska was serious. “FDIC reports the bank was formed January 1, 1881 with three branches (Ponca: 1/1/1881, New Castle, 1922, Jackson, 2002) 18 full time employees with a total equity capital of $6.65 million as of June 30, 2009 with a $144,000 net income.”

Bulletin Board Complaint
Leasing Innovations, Solano Beach, California
http://leasingnews.org/archives/Feb2015/2_11.htm#bbc_li
New Development in EAR Law Suits
http://leasingnews.org/archives/November%202009/11-09-09.htm#EAR_Lawsuits
(page 15 of 22)
Complaint v. Donna L. Malone and Mark Anstett
http://leasingnews.org/PDF/Bank_of_Dixon.pdf
(page 1)
Complaint v. Donna L. Malone and Mark Anstett
http://leasingnews.org/PDF/Bank_of_Dixon.pdf

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New Hires---Promotions in the Leasing Industry

Vincent Faino was hired as Vice President, Director of Sales at TimePayment Corp., Burlington, Massachusetts. Previously, he was Senior Vice President of Sales, LEAF Commercial Capital, Inc. (December, 2011 – October, 2014); Senior Vice President Global, Business Development, CIT Vendor Finance (October, 2010 – December, 2011); President Vendor Finance, Textron Financial (December, 2007 – February, 2010); Executive Vice President,
CIT (2007 – 2008); Executive Vice President, Citigroup (2001 – 2007);
President, American Equipment Leasing (1997 – 2001), Education:
Saint Joseph's University, MBA, Business (1992 – 1993).
www.linkedin.com/pub/vincent-faino/9/99/8b9/en

John Gougeon was hired as Vice President - Asset Management at Bank of America Merrill Lynch, Troy, Michigan. Previously, he was National Accounts Manager, IronPlanet (January 2007–February 2015); VP Asset Management, US Express Leasing/Tygris (2004–2007); Operations Leader, GE (2002–2004); Director, North American Client Services, Heller Global Vendor Finance (1998–2002); Asset Manager, O/E Systems (1997–2000); Equipment Sales and Collections Manager, AVP, National Bank of Detroit (1990–1990); Asset Manager, Leasefirst (1987–1990); Asset Manager, American Financial Services Group a/k/a Leasefirst (1987–1990). Education: Central Michigan University, Bachelor of Science (BS), Community Development. Activities and Societies: Delta Sigma Phi - Gamma Tau Chapter
www.linkedin.com/pub/john-gougeon/5/745/76a/en

Kory Grant was hired as Regional Sales Manager, Creekridge Capital
Marshall, Minnesota. Previously, he was Business Development Manager, Macquarie Group (May 2013–February 2015); Director of Sales, U.S. Bancorp Equipment Finance (2008–May 2013); Regional Sales Manager, US Bank (2004–2008); Inside Sales Representative, U.S. Bank (2002–2004). Education: Sanborn Public High School (1987). Minnesota State University, Mankato
www.linkedin.com/pub/kory-grant/2b/5b7/ab2/en

Jeff Thomas was promoted to Director of Sales - West Region at Merchants Fleet Management, Dallas/Fort Worth Area. He joined the firm May, 2012 with his last position as Regional Sales Manager. Previously, he was VP. Business Development, GE Capital (2006–May 2012); Director of Sales, Exhibit group/Giltspur (January 2006–March 2007); Region Sales Manager, GE Capital (September 2002– December 2005); Strategic Account Manager, GE Capital (September 1996–September 2002). Education: Texas A&M University, BS, Construction Management (1983–1988).
www.linkedin.com/pub/jeff-thomas/11/783/319/en

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Leasing Industry Ads---Help Wanted

For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm
Please see our Job Wanted section for possible new employees.

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Sales Make it Happen by Kit Menkin

Hide that Chair!

Complaints come in from independent sales men and women about prior companies accepting broker business now telemarketing to their customers. Larger companies such as Balboa Capital, Direct Capital, and others are calling their customers and vendors, and they are contacting current applicats. Many of them are sales people with two or three, maybe more, vendors who have been sending them business for quite some time, and they don't make many telephone sales calls or even personal calls any more.

Somehow when you have been selling for a while, you don't believe you need to cold call any more, or even visit existing customers, or even develop the market that surrounds where your desk and computer is located.

I remember when Gene Van Lanaan was regional bank manager at Crocker National Bank (he later became president of an independent bank that grew to a regional bank and was eventually sold to Wells Fargo) called on his bank managers. He would surprise them. If he found them in the office, he was quite annoyed, he told me. He expected them to be outside calling on existing customers, asking for new customer leads, to be bringing in business. The operations manager was to take care of the bank and customer service or loan representatives should be doing their jobs.

He used to go early to the bank branches, he told me, and steal the bank manager's chair. I don't know what he did with them, but he would call the manager on the phone and tell him he would return it after the manager spent time out of the office calling on existing customers at their business, or out in the community, trying to bring in larger depositors and accounts for the bank.

I remember when Larry Blazek was Manager of Barclay's Bank, around the corner from my office. He replaced a manager that would become a teller when the lines were too long. You would never find Larry doing that, as I remember, as he was out of his office drumming up business, calling on accounts. In fact, that's where he got his idea to get into leasing. He could make more money by calling on customers than being a manager of Barclay's Bank in Santa Clara, California, chained to his desk or behind a teller line.

I remember Don Allen, now retired, worked for San Jose National Bank which became Bank of the West and then to Cupertino Bank that became Greater Bay Bank that was eventually bought by Wells Fargo. He had a bum leg, but it never stopped him from having lunch every day with a client, asking the client to refer him business, depositors, introduce him to someone, or calling on a proposed client along with you making the personal introduction. This was before the days of cell phones, even the internet, but his secretary always knew where he was---out making calls, and he was president of the bank! He was doing that when he became chairman of the board.

I always admired the actor who could give the 1,000th performance of his role as well as the first time he gave it, or the singer who sang their hit song the thousandth time as well as they sang it the first time. The same should apply to those who develop new business. If you are good, you should bring the same enthusiasm your brought the first time you put a sale together.

Hide that chair! --- and get out on the street.

Once Burned, Twice Shy
by Kevin Clune, CLFP

“I had stopped offering a lease quote to my customers,” was the comment from an equipment vendor who had recently been referred to Clune & Company. He went on to say that he had been disappointed by the leasing companies to whom he had previously sent his customers.

Naturally, I was surprised that he would be calling me after I heard these opening remarks. The explanation was that his customer was interested in a lease quote and our company was recommended by a mutual business contact. Neither party had ever heard of Clune & Company LC.

With a skeptical vendor, and an unknown leasing customer, we were faced with a challenging situation. What had soured the vendor on the value of offering a lease financing option to their customers? More importantly, would the leasing customer be dissuaded from a lease by the opinion of the equipment salesperson?

This story of the entire leasing industry being blamed for one bad experience is fairly common. In response, it is easy to state that not all leasing companies are alike but we all know that the “proof is in the pudding”.

With a typical lease term of 36 months, the all-important business practices of the leasing company may not be known until the end of the lease when the leasing company takes advantage of multiple profit opportunities, some of which are ethically challenged.

Luckily for us, the leasing customer was aware of the benefits of an equipment lease to finance their acquisition and our mutual business contact could vouch for the Clune lease products and service.

          1. Easy Application.
          2. Quick Approval
          3. 100% Financing
          4. Flexible Contract
          5. No End of Lease Surprises
          6. Potential Tax Benefits

If you can relate to this story, we hope you will reconsider the value of acquiring a lease to finance your equipment acquisition. After a thorough analysis of various lessors, we feel confident that you will be able to find a satisfactory leasing company. We are glad this customer did.

Kevin F. Clune, CLFP
Clune & Company LC
kclune@clune.net

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Leasing News Advisor
Don Myerson

Don Myerson
President
BSB Leasing, Inc.
1 Inverness Dr. East
Englewood, Colorado 80112
dmyerson@bsbleasing.com
800-945-3372 Ext. 336

I was born and raised in Chicago.

In 1974 I attended Colorado State University before dropping out without graduating in 1977. I returned to Chicago and was hired for my first job selling copiers and office equipment downtown Chicago. After 2 years of excellent sales training I made the decision that I liked Colorado much better than Chicago and I relocated to the Denver area in 1980.

In Denver I was hired for my second and last job again selling copiers and office equipment. At this job I continued my sales education and was introduced to leasing as a sales tool for selling copiers. After 1 year selling copiers in Denver it became apparent to me that I wasn’t very good at taking direction or working for someone else. In 1981 with $2,000 in savings I started my first company, Business Systems Brokers. I was selling used copiers and office equipment out of my converted garage.

With only $2,000 to acquire inventory I was forced to be a little creative. I contacted a few leasing companies in Denver to see if I could buy their repossessed copiers and office equipment. I struck gold when I was able to buy 3 full self storage lockers full of copiers and office equipment for the $2,000 (In 1981 leasing companies didn’t have full time asset departments). This inventory kept me in business for the first year. With my experiences selling copiers I knew I needed to offer some type of financing to help me sell my used copiers. In contacting additional leasing companies to buy equipment I learned of a company in Florida named Denrich Leasing. Denrich Leasing was a small ticket leasing company working with brokers nationwide. I started to offer Denrich’s leasing product to my copier customers in 1982 under the company name Business Systems Brokers dba; BSB Leasing (You think I could make up a name like that ?) After about a year I was making more profit brokering leases to Denrich then I was selling used copiers. And I didn’t have to worry about providing service on the lease like I did with the copiers.

In 1983 I sold my last copier and became BSB Leasing exclusively. I moved out of my garage (It was very cold in winter), moved into a real office and hired my first employee. The next twelve years were spent building a nice profitable little business working with equipment vendors in the Denver area.

In 1995 BSB Leasing was selected by Colonial Pacific Leasing to become a service center for brokers in the Western United States under a program they developed named Pegasus. That year BSB Leasing began working with lease brokers.

In 1998 after growing to 40 employees, offices in Denver and Cherry Hill, New Jersey and $75M in annual funding BSB Leasing was sold to UniCapital Corporation, a public company in Miami. I became a unit President reporting to Bruce Kropschot, then a Vice-Chairman of UniCapital.

After 2 years under the ownership of UniCapital in 2000 I re-acquired BSB Leasing along with my management team of Bruce Zwillinger and Ron Gonzales.

I continue to serve as President of BSB Leasing, Inc. working primarily out of my home on Kauai while Ron Gonzales runs the day to day from our headquarters in Denver. Bruce Zwillinger semi-retired in October, 2012 but continues to work with a select group of brokers.

In 2013 BSB Leasing, Inc. continues to work with lease brokers nationwide. We offer both direct funding under ( BSB Leasing, Inc. name ) BSB Direct Finance name and complete syndication services through our Syndication Desk.

I also serve on the board of Orion First Financial, LLC and Mintaka Financial, LLC in Gig Harbor, WA. In addition, Chief Credit Officer of Mintaka Financial, LLC since 2008

Other companies started include;
The Cruise Director, Inc. started in 1985 and sold in 1992

Info Marketing, Inc. started 1987 and sold 1990

Now married 21 years. And Dolly is still the most beautiful women in the world. We have four great kids: Dylan is now 20 and he made the Dean’s List at Multnomah University, McKenna is 17, soon to be 18 and a Senior in High School, Matthew will be 15 in April, and my baby Dru is 13.

Dylan age 20, McKenna age 17, Matthew age 14, Dru age 13 and Dolly

Outside of Aspen, Colorado – summer camping trip
Dylan, McKenna, Matthew, Dru

Dylan, 19 and Matthew 14 with dear old dad diving a reef off Koloa Landing in Poipu (on the way to the Beach house restaurant)

Here are photo's of Don and his family from the previous
biography, showing has his children are growing up fast.

(He and his family spend half their time in Colorado)
Don and Dolly with Dylan, Dru, Mathew, McKenna

(and half their time in Hawaii)
Don, Dylan, Mathew, McKenna, Dolly, Dru

Bruce Zwillinger at the surprise birthday for Don’s 50th last year

(The real Myerson family!!!)

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More Than 80% of Facebook's Daily Users Are Mobile

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Top Mobile Bank Apps Ranked by Features
SNL Financial Feature
by Kellsy Panno

The features that set the high-ranking banks apart typically pertained to personal finance, the ability to quickly look at balances, or cash back/rewards programs.

Our data shows that banks have converged on six prominent mobile app features, which were present in 100% of the bank apps we studied: viewing account balance, viewing recent activity, transferring money between accounts, paying bills, and locating a branch or ATM.

Other features offered within a majority of bank apps include: mortgage account info (92%), mobile check deposit (92%), customer service contact (78%), and mobile alerts (73%). Mobile alerts are personalized notifications users set up to inform them of account activity such as a low balances, direct deposits or bill payments that are due.

Mobile check deposit has proven to be a popular feature among users. According to Bruce Thompson, CFO of Bank of America Corp., 12% of the bank's deposit transactions occurred via a mobile device during the fourth quarter of 2014, demonstrating the degree to which consumers have embraced mobile bank app features.

Less common bank app features include person-to-person money transfers (57%), non-authenticated or one-swipe account balances (19%), personal finance or budgeting tools (16%), and cash back or rewards programs (8%).

Personal finance and budget tools are scarce among the current crop of mobile apps with just 16% of the top 37 including the feature. But this feature may become more widely integrated into bank apps moving forward, as popular third-party budgeting apps such as Level and Mint demonstrate consumer interest in tracking personal finance on a mobile device.

Mobile banking apps have become common among leading financial institutions, but the apps themselves are not all the same. To compare the breadth of service offered by the largest banks' apps, SNL Kagan looked at the features available on each banking app and found that Capital One Financial Corp. offers the highest number of features, with 13, narrowly outranking 10 banks that tied for runner-up with 12 features apiece.

Our bank app matrix covers the 30 largest banks by deposits operating in the U.S. as of Jan. 7, 2015. For holding companies on the list that do business in the U.S. through multiple subsidiary banks, we looked at the subsidiary bank apps. These banks include: BNP Paribas, which owns Bank of the West and First Hawaiian Bank; and Zions Bancorp., which operates eight banking subsidiaries throughout the U.S.

We excluded from our study banks that do not have a mobile banking app (New York Community Bancorp Inc. and Zions Bancorp unit Commerce Bank of Washington NA), and included USAA due to its large network, which reached 10 million members in 2013. These adjustments brought the number of banks in our study to 37.

On Jan. 12, Capital One acquired Level Money, a budgeting and money management application with a user base of 700,000 at the time of the deal. And budgeting app Mint had 1.5 million users at the time of its sale to Intuit back in November 2009.

Cash back and rewards programs have proven to be a hit with consumers, inducing many to adopt apps such as Shopkick or the Starbucks mobile app. This feature, while popular among Smartphone shoppers, is rare among mobile banking apps, but could prove to be popular with users if it were more widely available.

Currently, the cash back and rewards feature was the least offered feature among our group. Only three of the banks in our study offer a cash back/rewards feature: Capital One, Bank of America and Regions Financial Corp. Capital One's app allows users to redeem cash back points earned with credit card purchases in the form of gift cards, account credit or a check. Bank of America Corp. similarly allows app users to view, manage and redeem "BankAmeriDeals," which are cash back deals that users earn through shopping at particular retail locations using their Bank of America credit or debit cards.

Banks are still in the discovery process of learning what type of functions and information their users value in a mobile bank app, but features tend to spread quickly across apps when they prove popular. For instance, mobile check deposit was a novelty when it first appeared in 2010, but is now available from 92% of the banks in our sample.

German Shepherd
Cupertino, California Adopt-a-Dog

Name: Kitarra T.
Age: 14 year(s)
Female

"Kitarra T. is a recent addition to the GSRNC Thulani Program. She was surrendered to the Madera County shelter near Fresno where she was rescued by GSRNC. Kitarra T. has a nice temperament and is friendly with both a Male and a Female GSD where she is being fostered. Kitarra T. weighs about 70 lbs. and has a black and tan coat. At age 14 she does have some hip issues but she does seem to walk fine. Also she does have some difficulty hearing but this condition may be a result of some ear infections...yet to be determined. As we learn more about Kitarra T. we will update her bio.

"Kitarra T. is part of the Thulani Program, and as such we are looking for a forever home that will care for her for the rest of her life, in warmth and love. She will come with a supply of food, a cushy pad if wanted, and other goodies such as toys. Her medical expenses will be covered for the rest of her life by The Thulani Program. If you want to learn more about Kitarra T, or are possibly interested in providing her a home, please contact Bob at thulanidogs@gsrnc.org. Kitarra T. is a level 2 dog."

View All Photos
http://www.gsrnc.org/dogdetail.asp?id=5067#photos

Adoption Form:
http://www.gsrnc.org/adoption_form.asp

Adoption Questionnaire
http://www.gsrnc.org/adopt_quest.asp

German Shepherd Rescue of Northern California
Hotline
1-800-SAVE-GSD
(1-800-728-3473)
http://www.gsrnc.org

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

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Attorneys Who Specialize in
Banking, Finance, and Leasing

Birmingham, Alabama
The lawyers of Marks & Associates, P.C. have over 30 years experience in dealing with virtually every type of equipment financing and are recognized throughout the industry for prompt, practical solutions and exemplary service. They offer cost-conscious, effective lease enforcement and good counsel.
Email: Barry@leaselawyer.com
Website: www.leaselawyers.com

California, National: city: Riverside
Ellen Stern - get results, reasonable pricing; numerous industry contacts, nearly 30 yrs exp.in SoCal, 20 yrs equip.: CFL license specialist, documentation, work-outs, litigated collections, recoveries; deal-maker.
Email: leaselaw@msn.com

Kenneth C. Greene

California & Nevada
Leasing and Financial consultant, active in several leasing
associations, as well as involved in music and film productioncin LA. Mention "Leasing News" for a free consultation.
818.575.9095
Skype: 424.235.1658
ken@kengreenelaw.com

Connecticut, Southern New England:
EVANS, FELDMAN & BOYER, LLC Collections, litigation, documentation, portfolio sales and financing, bankruptcy. We represent many of the national and local leasing companies doing business in this state. Past chairman EAEL legal committee. Competitive rates.
email: rcfeldman@snet.net

Los Angeles/Santa Monica
Hemar & Associates, Attorneys at Law
Specialists in legal assistance, including debt collection, equipment recovery, litigation for 35 years. Fluent in Spanish.
Tel: 310-829-1948
email: phemar@hemar.com

Los Angeles, Southern CA
Seasoned attorney representing secured creditors in auto finance and truck/equipment lease industry. Bankruptcy and State Court litigation. Vincent V. Frounjian (818) 990-0605or email: vvf@pacbell.net.

Encino, California: Statewide “ELFA”
Hemar, Rousso & Heald, LLP 30 yr excellent reputation Lessor representation commercial litigation, debt collection, and bankruptcy.
Call Stephen E. Jenkins Esq (818) 501-3800

Los Angeles, Statewide: CA. "ELFA" Aggressive creditors rights law firm specializing in equipment leasing handling collection matters on a contingency, fixed fee or hourly cbasis. email:RGarwacki@prodigy.net

Los Angeles, Statewide: CA "ELFA"
Practice limited to collections, bankruptcy and problem accounts resolution. Decades of experience. 10-lawyer firm dedicated to serving you. Call Ronald Cohn, Esq. (818)591-2121 or email. Email: rrcohn@aol.com

Los Angeles- Statewide, CA
Lawyer specializing in banking and leasing issues statewide. Documents and litigation.
Tom McCurnin, Barton, Klugman & Oetting. Voice: (213) 617-6129
Cell:(213) 268-8291
Email:
tmccurnin@bkolaw.com

California & National
Paul Bent – More than 35 years experience in all forms of equipment leasing, secured lending, and asset based transactions. Financial analysis, deal structuring, contract negotiations, documentation, private dispute resolution, expert witness services.
(562) 426-1000
www.paulbentlaw.com
pbent@paulbentlaw.com

Illinois
Trabaris, P.C.: Finance attorney with 24 years’ experience with transactional, documentation, secured financing and workouts /restructurings.
Kevin Trabaris
Phone:(847)840-4687
Email: kevin@trabaris.com
Website: www.trabaris.com.
Blog: trabaris.com/info/blog/

Law Firm - Service, Dallas, TX. "ELFA"
Mayer regularly practices in leasing, secured financing, project development and finance and corporate finance.
email: dmayer@pattonboggs.com
Website: www.pattonboggs.com

Massachusetts (collection/litigation coast to coast)
Modern Law Group focuses its practice on collections, lease enforcement and asset recovery. For the past five years, our attorneys have helped clients recover millions of dollars. We are able to cover your needs coast to coast.
Email phone 617-855-9085www.modernlawgroup.com

Michael J. Witt, experienced bank, finance, and leasing attorney, also conducts Portfolio Audits. Previously he was Managing Counsel, Wells Fargo & Co. (May, 2003 – September, 2008); Senior Vice President & General Counsel, Advanta Business Services (May, 1988 – June, 1997) Tel: (515) 223-2352 Cell: (515) 868-1067
E-mail: witt-legal@outlook.com
Web: www.witt-legal.com

National: The OMEGA Network Group-nationwide legal representation of small and mid ticket equipment lessors-flat fee bankruptcy & replevin, contingent collection,
billable litigation (704-969-3280)
tong_92@yahoo.com

National: Coston & Rademacher: Business attorneys serving the lease-finance industry since 1980. Transactional, documentation, corporate/finance, workouts, litigation, bankruptcy, portfolio management. Chicago-based national practice. Jim Coston, CLP (Members: ELFA, NEFA).
email: Jcoston@costonlaw.com
Website:www.costonlaw.com

St. Louis County , MO. - statewide:
Schultz & Associates LLP., collections, negotiation, and litigation. Also register and pursue recovery on foreign judgments. Contingency and reasonable hourly rates.
Ronald J. Eisenberg, Esq.
(636) 537-4645 x108
reisenberg@sl-lawyers.com
www.sl-lawyers.com

NJ,De,Pa: Specializing in leased equipment/secured transactions. Collections, replevins/workouts reasonable rates. Sergio Scuteri/Capehart & Scratchard, PAsscuteri@capehart.com / www.capehart.com

New York and New Jersey
Peretore & Peretore, P.C. documentation, portfolio purchase & sale, replevin, workouts, litigation, collection, bankruptcy. Aggressive. Over 25 years experience.www.peretore.com

Thousand Oaks, California:
Statewide coverage Spiwak & Iezza, LLP 20+ years experience,Representing Lessors banks in both State/ Federal Courts/ all aspects of commercial leasing litigation.
Nick Iezza 805-777-1175
niezza@spiwakand

Attorney---This is for Attorneys to post their legal services, who specialize in equipment leasing. If there are other offices or specialties, please mention in the 50 words allowed to describe the firm and services available. If you are a member of a leasing association, please so indicate.

Please send an email to kitmenkin@leasingnews.org

We will include a photograph of yourself and/or the URL address to your "blog" or website for free.

If you cannot send via e-mail, then send by mail to Leasing News, 18736 Montewood Dr. Saratoga, CA. 95070 and we will return it.

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     1674 - The Treaty of Westminster was signed, ending the Anglo-Dutch War. Under its terms, New Amsterdam became British and they renamed it New York.
http://website.lineone.net/~d.bolton/Chron/chron.htm
http://www.nnp.org/project/historical.html
    1803 - Ohio became the 17th state. Although slavery had been outlawed in the Northwest Territory by the Northwest Ordinance in 1787, Ohio was the first state in which slavery was forbidden by law from the beginning of statehood. Vermont had outlawed slavery with the adoption of its constitution in July, 1777, some six months after its declaration of independence.
http://www.ohiohistorycentral.org/ohc/history/h_indian/periods/ohiost.shtml
    1810 - The famous "cold day" in New England. Gale force winds wrecked homes, and accompanied a sudden overnight drop in temperature of 50 degrees. Tragedy struck Sanbornton, NH where three children froze to death.
    1807 - Aaron Burr was arrested in Wakefield, AL by Captain Edmund P. Gaines and taken to Richmond, VA, where he was brought before Chief Just John Marshall of the U.S. Circuit Court on March 30. Burr served as Vice-President, after losing the election in an electoral 35th ballot in the House of Representatives to Thomas Jefferson in 1804 (in those days, President and Vice-President did not run together). He served under Jefferson from 1801 to 1805 and was not re-elected, although Thomas Jefferson was re-elected President from 1805 to 1809. In 1807, Burr was accused of organizing an expedition to invade Mexico and set up a separate republic in the Southwest. On June 24, he was indicted for treason. The trial began on August 3 and ended in an acquittal on September 1.
    1821 - Union General Francis Preston Blair, Jr. was born in Lexington, Kentucky. The colorful Blair was instrumental in keeping Missouri part of the Union during the early stages of the Civil War.
http://www.multied.com/Bio/UGENS/USABlair.html
http://www.aoc.gov/cc/art/nsh/blair.htm http://bioguide.congress.gov/scripts/biodisplay.pl?index=B000523
    1831 - The first trial of the first locomotive to burn coal was the ‘York’, invented by Phineas Davis, a watchmaker, and built at York, PA. Ironically, the only accident in which the train was involved occurred on September 27, 1835, as the result of a defective track. The accident killed Davis, who was riding on the locomotive.
    1846 - In Austin, the newly formed Texas state government was officially installed. The Republic of Texas government officially transferred power to the State of Texas government following the annexation of Texas by the US.
    1847 - In the eastern foothills of California’s Sierra Nevada Mountains, a relief party reaches the Donner Party, finding only about half of the original eighty-nine pioneers have survived.
http://www.sfmuseum.org/hist6/donner
    1851 - Angry San Francisco vigilantes take the law into their own hands.
http://www.historychannel.com/cgi-bin/frameit.cgi?p=http%3A//www.historychannel.com/
cgi-bin/today_relocate.cgi%3Fmonth%3D10%26day%3D11%26
section%3Dthisday%26x%3D17%26y%3D7
    1852 – Phi Kappa Psi fraternity was established at Jefferson College in Canonsburg, Pennsylvania.
    1856 - Professor Hamilton Smith, professor of natural sciences, Kenyon College, Gambier, OH, received a patent for a tintype camera for “photographic pictures on japanned surfaces.”   The photographs were collodion positives on black or chocolate-colored iron plates.
    1858 - Leschi, chief of the Nisqually and Yakama, is hanged for leading attack on Seattle, Washington territory and for his role in the Indian Wars of 1855-56. His belief that reservations were first step to annihilation led him to encourage an uprising by Coastal tribes in the Puget Sound region surrounding Seattle. See Della Gould Emmons sympathetic novelization, “Leschi of the Nisquallies” (Dennison, 1965).
http://www.leschi.bia.edu/warrior.htm
    1859 - New York Congressman, Daniel Sickles, was acquitted of murder on grounds of temporary insanity. This was the first time this defense is successfully used in the US.
    1864 - The social and fraternal order of the Knights of Pythias was founded at Washington, DC by Justus H. Rathbone, and embraces more than two thousand subordinate lodges in the United States and Canada
http://www.pythias.org/
    1876 – The National Amateur Press Association was established in Philadelphia.
    1878 - Thomas Alva Edison of Menlo Park, NJ, secured a patent on a “phonograph or speaking machine.”   His original idea had been to invent a telegraph repeater and he had given construction directions to one of his mechanics, John Kreuis, on August 12, 1877. The first cylinder, operated by a hand crank, was wrapped in tin foil, with which two needles fastened to diaphragms made contact. The first voice recorded on the new instrument was “Mary had a little lamb”. A clock spring motor and wax-like record were invented some ten years later called the Gramophone, manufactured by Bell and Tainter, Washington, DC. The first phonograph record on the modern disk type was invented by Emile Berlinger of Washington, DC, was easier to duplicate for mass market than the Edison Recording Cylinder and he called it Berlinger’s “Gramophone” record.
    1881 – Kansas became the first state to prohibit all alcoholic beverages.
    1884 - Severe thunderstorms spawned sixty tornadoes in the southeastern U.S., killing more than 420 persons and causing three million dollars damage. Georgia and the Carolinas hardest were hit in the tornado outbreak. This was one of the largest tornado outbreaks in U.S. history.
    1897 - Mrs. Hoodless founded the first Women's Institute at Stoney Creek in Ontario, Canada.
    1897 - Trumpet Player Johnny Dunn’s birthday, Memphis, TN
http://www.redhotjazz.com/dunn.html
http://www.redhotjazz.com/jazzhounds.html
    1899 – Louis “Kid Shots” Madison’s birthday
http://user.tninet.se/~rrr043f/forum8.htm
(great story with much about “Kid Shots”, a true New Orleans brass band cornet player, who was with the Original Tuxedo Orchestra and Eureka Brass Bands, better known than Bunk Johnson is known today. Read the story. Several albums exist with his playing).
    1903 - Saxophone player Clarence Hall’s birthday, New Orleans, LA http://www.redhotjazz.com/Tuxedo.html
    1903 - Kay Boyle was born in St. Paul, Minnesota. Novelist, short story writer, and anti-war activist, she wrote “Plagued by Nightingales”. Reportedly loved Dubonnet, Paul Robeson, razor clams, and sang "Miss Otis Regrets" like no one else. Close friends included James Joyce, Man Ray, Picasso, Joan Baez, and Katherine Anne Porter. S. I. Hayakawa labeled her the most dangerous woman in America. In 1967 at the height of the Vietnam War protests, Hayakawa, president of SF State University, (and later US Senator), publicly fired Boyle for her active role in the student protests. She was 65 years old. I interviewed her several times and found her to be an extremely bright, articulate person, seemingly with something profound to say at each interview. As an American expatriate writing in Paris in the 20's & 30's, a journalist documenting the fall of France in the 40's for The New Yorker, a blacklisted writer in the 50's, an anti-war activist and essayist in the 60's & 70's, and founder of the San Francisco chapter of Amnesty International in the 80's, Kay Boyle's literary and political career is a chronicle of the events and concerns of the 20th century. Kay Boyle wrote 18 novels, 60 short stories, numerous children's books, and six collections of essays. She received many awards including two Guggenheims and a Lifetime Achievement Award from the National Endowment for the Arts. Throughout all of this, she had three husbands and six children. She considered herself a citizen of the world, and for over thirty of her 90 years, lived in Europe. Her books are being reissued in Germany and are still available in France. Beginning in 1923, when she, with 16 other expatriate writers, issued a proclamation calling for ‘The Revolution of the Word,’ which mirrored the decadence and self-involvement of the era by declaring that ‘the writer expresses, he does not communicate;’ to the 1985 publication of “Words That Somehow Must Be Said”, a collection of her poetic and searing essays composed primarily while she was imprisoned for protesting the Vietnam War, Kay Boyle utilized and transformed the political and social realities of her times into art. As she has admitted, it cost her dearly. Cited in 1928 by Katherine Anne Porter as the next James Joyce or Gertrude Stein, Kay Boyle nevertheless remains one of the most unsung women writers of the century, repeatedly overshadowed by many of her less accomplished contemporaries, perhaps because Boyle chose to pursue the path of "a moralist in the highest sense of the word, speaking briefly and clearly of the dignity and integrity of individual man." Perhaps because early in her career she made a conscious decision that politics were as important as art. Perhaps it is because, as Studs Terkel suggested, just when her work was beginning to reach a wider audience she was blacklisted. She died in 1992.
http://www.english.uiuc.edu/maps/poets/a_f/boyle/bio.htm
http://www.lib.udel.edu/ud/spec/findaids/boyle_k.htm
http://www.nybooks.com/authors/2779
http://www.english.uiuc.edu/maps/poets/a_f/boyle/boyle.htm
    1910 - At a New York dinner party, host Diamond Jim Brady ate five helpings of roast beef, gallons of stewed fruit, 84 oysters and three gallons of orange juice.
http://www.gourmandizer.com/ezine/brady/
http://www.amazon.com/exec/obidos/ASIN/0404044182/avsearch-df1-2-20/
102-1682336-8966565
    1910 – Typhoid Mary [Mary Mallon] was freed from her first periods of forced isolation and went on to cause several further outbreaks of typhoid in the New York area
    1912 - Modern jazz bandleader Stan Kenton was born in Wichita, Kansas. He was best known for his jazz concertos and opuses which came to be known as progressive jazz. Kenton also an interest in Latin American music, and his orchestra had a hit in the late 1940's with "The Peanut Vendor." Kenton maintained a big band for more than 35 years, beginning in 1940. He died in Los Angeles on August 25th, 1979.
http://www.stan-kenton.com/
http://www.52ndstreet.com/kenton/kenton.htm
    1912 - In the Bread Roses Strike in Lawrence, Massachusetts, 200 police draw their clubs and go after 100 women pickets, knocking them to the ground and beating them. As the police clubbing become more frequent & violent, strike leader Big Bill Haywood urges the women not to picket. Instead of agreeing, an Italian woman suggests): "Tomorrow morning, man no go on picket line. All man, boy stay home, sleep. Only woman, girl on picket line tomorrow morning. Soldier and policeman no beat woman, girl. You see, I got big belly, she too got big belly. Policeman no beat us." The next morning, however, the women are out in full force, only to be beaten so badly that the Italian woman who spoke at the meeting and Bertha Crouse, another pregnant striker, lose their babies and almost die.
http://1912.history.ohio-state.edu/labor/FirstDays.htm
http://1912.history.ohio-state.edu/labor/Organizers.htm
http://www.spartacus.schoolnet.co.uk/USAettor.htm
    1913 – The first prize was inserted into Cracker Jacks.
    1916 - George Edward “Eddie” Arcaro birthday, broadcaster and jockey born at Cincinnati, OH. Arcaro is the only jockey to win racing’s Triple Crown twice, triumphing with Whirlaway in 1941 and Citation in 1947. In all, he won five Kentucky Derbies, six Preakness Stakes and six Belmont Stakes. Died at Miami, FL, Nov 14, 1997.
    1917 - Birthday of author Carson McCullers. Her “Heart is a Lonely Hunter” (1940) made her famous at age 23. She also authored “Reflection in a Golden Eye” (1941), “The Ballad of the Sad Café” and the much praised play “The Member of the Wedding” and numerous short stories of great quality and sensitivity.
    1918 - In Russia, a decree abolishing all private ownership of land, water and natural resources was issued by the Soviet Central Executive Committee. Many American companies lost all their investment and cash in the Soviet.
    1919 - First Pan-African Congress organized in Paris by WEB DuBois.
    1922 - Ed Wynn became the first big-name, vaudeville talent to sign as a radio talent. Until then, top talent did not consider radio respectable.
    1924 – Actor Lee Marvin was born in NYC. From 1957 to 1960, he starred as Detective Lieutenant Frank Ballinger in the hit crime series, “M Squad”. In 1966, he won several awards, including an Academy Award for Best Actor, Best Actor BAFTA, and the Best Actor Golden Globe for his dual roles in “Cat Ballou”. In August 1942 Marvin left school to enlist in the Marines, serving in the Pacific Theater. He was wounded in action during the Battle of Saipan, in the assault on Mt. Tapochau, during which most of his unit were killed. His injury was from machine gun fire, which severed his sciatic nerve.   Marvin was awarded the Purple Heart and was given a medical discharge in 1945 at Philadelphia. Marvin's awards were the Purple Heart, the Presidential Unit Citation, the Asiatic-Pacific Campaign Medal and the World War II Victory Medal. In 1971, Marvin was sued by Michelle Triola, his live-in girlfriend from 1965 to 1970, who legally changed her surname to "Marvin". Although the couple never married, she sought financial compensation similar to that available to spouses under California's alimony and community property laws. The result was the landmark "palimony" case, Marvin v. Marvin, 18 Cal. 3d 660 (1976). In 1979, Marvin was ordered to pay $104,000 to Triola for "rehabilitation purposes" but the court denied her community property claim for one-half of the $3.6 million. Marvin died of a heart attack on August 29, 1987. He is interred at Arlington National Cemetery where his headstone reads "Lee Marvin, PFC, US Marine Corps, World War II".
    1928 – The 2d Winter Olympics closed at St Moritz, Switzerland
    1929 – A medical diathermy machine was used for the first time, in Schenectady, NY
    1932 – William Faulkner completed "Light in August"
     1933 - Giant Forest, CA received 60 inches of snow in just 24 hours, a state record, and the second highest 24 hour total of record for the U.S.
    1934 - The University of Southern California (USC) and Notre Dame were both given as examples of commercialism in intercollegiate sports when each of them signed a three-year football contract, while other schools were "feeling the depression."
    1934 - Bob Hope married Dolores DeFina Reade, who had been one of his co-stars on Broadway in “Roberta”. Some claim he was still married to his first wife at the time.
http://www.loc.gov/exhibits/bobhope/moving.html
http://www.wic.org/bio/dhope.htm
http://www.hopetribute.org/photos/1939_queen-mary.htm
http://www.museum.tv/archives/etv/H/htmlH/hopebob/hopebob.htm
    1935 – Broadcaster Dave Niehaus was born in Princeton, IN. He was the lead announcer for the Seattle Mariners from their inaugural season in 1977 until his death after the 2010 season. In 2008, the National Baseball Hall of Fame awarded Niehaus with the Ford C. Frick Award, the highest honor for Major League baseball broadcasters.
    1940 - Songwriter, lead singer with the Miracles, William ‘Smokey’ Robinson, was born in Detroit. Bob Dylan once said Robinson was his favorite poet. Robinson developed into one of the foremost songwriters and singers in pop music. He had formed a band called the Miracles in high school. The group met Berry Gordy, Jr in 1957, and the success of the Miracles first single, "Bad Girl," convinced Gordy to make Motown records a national company. The Miracles put Motown on the map in 1960 with "Shop Around," the company's first million-seller. The Miracles were one of Motown's premier groups, with hits such as "Get Ready," "Second That Emotion" and "Tracks of My Tears." Robinson left the group in 1972 to record on his own and to continue his duties as a vice-president of Motown.
http://www.smokeyrobinson.net/
    1942 - Japanese interned. As a result of President Franklin Roosevelt's Executive Order 9066, some 110,000 Japanese-Americans living in coastal Pacific areas were placed in concentration camps in remote areas of Arizona, Arkansas, inland California, Colorado, Idaho, Utah and Wyoming. Two-thirds of them were American citizens. These interned American citizens lost an estimated $400 million in property. They were allowed to return to their homes Jan 2, 1945. Most of us never experienced the fear of these early war times, especially here in California, where railroad tracks and roads to the beaches were destroyed, and blackouts were regular as we feared invasion from Japan. During confinement within the armed, barbed-wire surroundings, however, prayer meetings, Bible studies and worship services were held. When they offered to fight in the European war, Japanese-American divisions were heralded in their courage and duty to the United States, winning great respect from the other units that fought along with them. It was not until the end of the 20th century that other Americans admitted their shame and guilt; however, many of us who did not live in that time period do not understand the hysteria brought by the surprise attack on Pearl Harbor, that brought Japanese conquests in Singapore and the Nazi government then to join an “axis” against the British and the United States. It was not until that time that the United States actually entered the European war.
http://www.eskimo.com/~recall/images/redblackbg.gif
http://www.uwec.edu/geography/Ivogeler/w188/j1.htm
http://www.sfmuseum.org/war/evactxt.html
http://www.scu.edu/SCU/Programs/Diversity/exhibit1.html
http://www.janm.org/main.htm
http://www.sfmuseum.org/hist/lange.html
http://education.nebrwesleyan.edu/eisenhower/northeastpage/safarik/
internmentpage.html
    1942 - General Dwight D. Eisenhower is appointed chief of the War Plans Division of the US Army General Staff.
    1942 - Port Darwin, on the northern coast of Australia, was bombed by about 150 Japanese warplanes. General George C. Kenney, who pioneered aerial warfare strategy and tactics in the Pacific theater, ordered 3,000 bombs to be sent to Australia, where he thought they might come in handy against the Japanese. Darwin was virtually leveled by 64 bombing raids over 21 months.
    1942 - On Victor Records, Tommy Dorsey and his orchestra recorded "I’ll Take Tallulah". Some other famous musicians were in the studio too, including Frank Sinatra, Jo Stafford and the Pied Pipers, Ziggy Elman and drummer Buddy Rich.
    1942 - The New York Yankees said they would admit 5,000 uniformed servicemen to each of their home ball games for free during the coming season.
    1943 - Cass Elliot of the Mamas and Papas was born in Baltimore. The light folksy sound of the Mamas and Papas was featured on such '60s hits as "California Dreamin'," "Monday, Monday" and "Dedicated to the One I Love." The group disbanded in 1968 because of legal and personal problems. Cass Elliot continued to record on her own, scoring a big hit with "Dream a Little Dream of Me." She died in 1974 in London.
    1943 – Singer Lou Christie was born Lugee Alfredo Giovanni Sacco in Glenwillard, PA. He is known for three separate strings of hits in the 1960s, including his 1966 hit, "Lightnin’ Strikes”, and his three-octave vocal range.
    1945 - Iwo Jima: Beginning at dawn, the landing of 30,000 American troops took place on the barren 12-square-mile island of Iwo Jima. Initially there was little resistance, but 21,500 Japanese stood ready underground to fight to the last man to protect massive strategic fortifications linked by tunnels. The Americans took control of the strategically important island after a month-long battle. This was a major battle in World War II.
    1945 - Woody Herman’s First Herd waxes “Apple Honey” and”Laura” in New York City.
    1946 - Top Hits
“Symphony” - The Freddy Martin Orchestra (vocal: Clyde Rogers)
“I Can’t Begin to Tell You” - Bing Crosby with the Carmen Cavallaro Orchestra
“Aren’t You Glad You’re You” - Bing Crosby
“Guitar Polka” - Al Dexter
    1946 - Birthday of Karen Silkwood in Longview, TX. She documented safety infractions at Kerr-McGee Corp’s Cimarron Facility involving the misuse of radioactive materials. Her mysterious death in 1974 rather than the infractions cover-up prompted congressional hearings.
    1949 – New York Giants outfielder Danny Gardella became the first major leaguer to announce he is jumping to the "outlaw" Mexican League.
     1949 - Bollingen Prize to Ezra Pound: The first Bollingen Prize for poetry was awarded to Ezra Pound for his collection “The Pisano Cantos”. The first award was steeped in controversy because Pound had been charged with treason after making pro-Fascist broadcasts in Italy during World War II. The Bollingen Prize was presented annually through 1963 when Robert Frost was the recipient, after which it became a biennial award. The $5,000 award was upped to $10,000 in 1989, when Edgar Bowers was the prize winner, and to $25,000 in 1995. The $25,000 award went to poet, Kenneth Koch.
    1952 - Amy Tan’s birthday in Oakland, CA. American-Chinese author. At age 26, she learned that her mother had three daughters from a previous marriage and journeyed to China to meet them. The experience helped inspire her first novel, “The Joy Luck Club” (1989), a collection of stories about three generations of Chinese and Chinese-American women. The book became a bestseller and was made into a movie in 1993. Tan's second novel, “The Kitchen God's Wife” (1991), was followed in 1995 by “The Hundred Secret Senses”, which explored ghosts, past lives, and Asian vs. American values. She also wrote two children's books and played in a band called the Rock Bottom Remainders with fellow writers Stephen King and Dave Barry.
http://www.barclayagency.com/tan.html
    1953 – Georgia approved the first literature censorship board in the US.
    1954 - Top Hits
“Oh! My Pa-Pa” - Eddie Fisher
“Secret Love” - Doris Day
“Till Then” - The Hilltoppers
“Wake Up, Irene” - Hank Thompson
    1954 - T-Bird Hatches. The Thunderbird entered production for the 1955 model year as a sporty two-seat convertible. Ford created a new market segment, the personal car to position it differently from its competitor, the Corvette sports car.
http://www.historychannel.com/cgi-bin/frameit.cgi?p=http%3A//www.historychannel.com/
cgi-bin/today_relocate.cgi%3Fmonth%3D10%26day%3D11%
26section%3Dthisday%26x%3D17%26y%3D7
    1955 - Saxophone player David Murray’s birthday, Berkeley, CA.
http://members.tripod.com/go54321/dm/davidmurray.html
http://www.nwu.edu/jazz/artists/murray.david/discog.txt
   1955 - Dot Records launched "Two Hearts, Two Kisses, One Love", the first single by Pat Boone.
    1956 - Elvis Presley performs three shows at Fort Homer Hesterly Armory, Tampa, FL, billed as "Country Music's Mr. Rhythm."
    1957 – Former Oakland A’s ace Dave Stewart was born in Oakland.
    1958 - The Miracles released their first single, "Got a Job," on lead singer Smokey Robinson's 18th birthday. The record was an answer to the Silhouettes' number-one hit, "Get a Job." The other side of the record was “My Mama Done Told Me.” Motown released first Miracles single, "Got a Job" b/w "My Mama Done Told Me".
    1959 – NFL Commissioner Roger Goodell was born in Jamestown, NY.
    1960 - Bill Keane's "Family Circus" cartoon strip debuts
http://www.familycircus.com/
    1962 - Top Hits
“Duke of Earl” - Gene Chandler
“Norman” - Sue Thompson
“The Wanderer” - Dion
“Walk on By” - Leroy Van Dyke
    1963 - Betty Friedan published “The Feminine Mystique”, a call for women to achieve their full potential. Her book generated enormous response and revitalized the women's movement in the US.
    1963 - Russia told President John F. Kennedy that it would withdraw several thousand troops from Cuba by March 15.
    1965 - Rod Stewart and his group The Soul Agents played their first major gig at a club in the London Borough of Harrow.
    1966 - The first concert presented by Chet Helms at the San Francisco Fillmore with Jefferson Airplane, Big Brother and the Holding Company.
    1966 - Lou Christie enjoys his only US number one record with "Lightnin' Strikes", a song that his record company, MGM, hated so much, they initially refused to release.
    1966 - Penn State University named Joe Paterno its head football coach. With 409 victories, Paterno is the winningest coach in college football history. Under Paterno, the Nittany Lions won 24 bowl games and 2 national championships. His career ended with his dismissal from the team in 2011 as a result of the sex scandal for which former assistant coach Jerry Sandusky was imprisoned. Paterno died early in 2012 from lung cancer shortly after his dismissal.
    1966 - Robert F. Kennedy suggested the U.S. offer the Vietcong a role in governing South Vietnam.
    1968 - ZABITOSKY, FRED WILLIAM, Medal of Honor
Rank and organization: Sergeant First Class (then S/Sgt.), U.S. Army, 5th Special Forces Group (Airborne). Place and date: Republic of Vietnam, 19 February 1968. Entered service at: Trenton, N.J. Born: 27 October 1942, Trenton, N.J. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sfc. Zabitosky, U.S. Army, distinguished himself while serving as an assistant team leader of a 9-man Special Forces long-range reconnaissance patrol. Sfc. Zabitosky's patrol was operating deep within enemy-controlled territory when they were attacked by a numerically superior North Vietnamese Army unit. Sfc. Zabitosky rallied his team members, deployed them into defensive positions, and, exposing himself to concentrated enemy automatic weapons fire, directed their return fire. Realizing the gravity of the situation, Sfc. Zabitosky ordered his patrol to move to a landing zone for helicopter extraction while he covered their withdrawal with rifle fire and grenades. Rejoining the patrol under increasing enemy pressure, he positioned each man in a tight perimeter defense and continually moved from man to man, encouraging them and controlling their defensive fire. Mainly due to his example, the outnumbered patrol maintained its precarious position until the arrival of tactical air support and a helicopter extraction team. As the rescue helicopters arrived, the determined North Vietnamese pressed their attack. Sfc. Zabitosky repeatedly exposed himself to their fire to adjust suppressive helicopter gunship fire around the landing zone. After boarding 1 of the rescue helicopters, he positioned himself in the door delivering fire on the enemy as the ship took off. The helicopter was engulfed in a hail of bullets and Sfc. Zabitosky was thrown from the craft as it spun out of control and crashed. Recovering consciousness, he ignored his extremely painful injuries and moved to the flaming wreckage. Heedless of the danger of exploding ordnance and fuel, he pulled the severely wounded pilot from the searing blaze and made repeated attempts to rescue his patrol members but was driven back by the intense heat. Despite his serious burns and crushed ribs, he carried and dragged the unconscious pilot through a curtain of enemy fire to within 10 feet of a hovering rescue helicopter before collapsing. Sfc. Zabitosky's extraordinary heroism and devotion to duty were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the U.S. Army.
    1968 – The first US teachers’ strike hit Florida.
    1969 – Boeing’s first test flight of the 7477.
    1970 – Former Cy Young and 31-game winner Denny McLain was suspended for bookmaking. McClain is the last pitcher in the Majors to win 30 games in 1968, producing a 31–6 record along with a 1.96 earned run average, leading the Detroit Tigers to the American League pennant.
    1970 - Top Hits
“Thank You (Falettinme Be Mice Elf Agin)”/”Everybody is a Star” - Sly & The Family Stone
“Hey There Lonely Girl” - Eddie Holman
“No Time” - The Guess Who
“It’s Just a Matter of Time” - Sonny James
    1970 - Chicago Seven Trial: Dellinger, Davis, Hayden, Hoffman, and Rubin found guilty of crossing state lines to incite riot; Froines and Weiner acquitted; attorneys William Kunstler and Leonard Weinglass sentenced for contempt of court on February 18; all appealed on February 19
http://jurist.law.pitt.edu/trials2.htm
    1972 - "A Horse With No Name" by America entered the US charts on its way to number one. The group, formed by three sons of American servicemen stationed in Britain, was discovered by Jeff Dexter, a deejay for a British underground radio station.
    1972 - Sammy Davis Jr. makes his notorious guest appearance on CBS' “All in the Family”, giving the show's main character, white bigot Archie Bunker, a big kiss.
    1972 - Nilsson's "Without You" hits #1
    1974 - Dick Clark staged his first American Music Awards. The awards, determined by the votes of music fans, were a response to the industry-dominated Grammy Awards. -Smokey Robinson, Helen Reddy and Roger Miller are among the hosts at the very first American Music Awards, presented based on record sales, airplay as well as votes. Among this years' winners are The Carpenters for Favorite Band; Jim Croce, Favorite Male Artist; Helen Reddy, Favorite Female Artist; and Tony Orlando and Dawn, Favorite Single for "Tie A Yellow Ribbon 'Round The Ole Oak Tree".
    1976 - Donna Summer's "Love to Love You Baby" is certified gold
    1976 - President Ford’s Proclamation 4417 rescinded executive Order 9066 that interned Japanese-Americans during World War II.
    1977 - Fleetwood Mac's "Rumours" was released. The album would become one of the all-time biggest sellers - over 17-million copies in the US alone. It also won 1978's Best Album Grammy. "Rumours" contained four of the band's Top- 10 hits - "Go Your Own Way," "Dreams," "Don't Stop" and "You Make Loving Fun."
    1977 - Stevie Wonder won his third straight Album of the Year Grammy for "Songs in the Key of Life."
    1977 - Manfred Mann's Earth Band's "Blinded By The Light" hits #1
    1977 - Right wing Rod Gilbert of the New York Rangers scored the 1,000th point of his NHL career, a goal in the Rangers’ 5-2 loss of the New York Islanders. Gilbert entered the Hockey Hall of Fame in 1982.
    1977 - Snowflakes were observed at Homestead and Miami Beach in extreme southern Florida.
    1978 - Top Hits
“Stayin’ Alive” - Bee Gees
“(Love Is) Thicker Than Water” - Andy Gibb
“Just the Way You Are” - Billy Joel
“Don’t Break the Heart that Loves You” - Margo Smith
    1980 - Vocalist Bon Scott of the Australian heavy-metal band AC/DC died after choking on his own vomit after an all- night drinking binge in London. He was 33. Scott's death came just months after AC/DC had scored their first North American success with the album "Highway to Hell." AC/DC was my son Dash’s favorite band, and I took him to all the San Francisco Bay Area concerts when he was
young. I had also seen AC/DC play in local clubs, San Jose and Campbell, when they first started out and Bon Scott was wearing his outfit, and perhaps the group never sounded as good when he was the lead singer. Perhaps you did not know, but the band was named after Scott’s mother’s sewing machine. On the back, it said “AC /DC” as it could be used in Europe as well as Australia. He thought that was cool and electric being both AC or DC, that’s what he wanted to name his band after.
    1981 - A judge in New York determined that George Harrison subconsciously plagiarized "He's So Fine" when he wrote his 1970 hit, "My Sweet Lord." "He's So Fine" was written by Ronald Mack in 1963 for the Chiffons. Both songs were ordered to pay ABKCO Music the sum of $587,000 for “subconscious plagiarism”.
    1983 – Dodgers’ lefty Fernando Valenzuela won $1 million in arbitration.
    1984 – At the XIVth Winter Olympics in Sarjevo, Yugoslavia, skiers Phil and Steve Mahre of the US became the first brothers to finish first and second on the same Olympic event. Phil won the gold medal in the slalom, and Steve won the silver. The Soviet Union led all countries with 25 medals, the United States captured nine medals to tie for fifth place. Within the shadow of what was the Olympic Stadium, hundreds, maybe thousands, of Bosnians are now buried; the result of the civil war that began in the early 1990s
    1984 - Cale Yarborough became number-one hits. George Harrison
only the second driver to win consecutive Daytona 500 races by sweeping into the lead just two times from the finish and taking the checkered flag. Yarborough joined Richard Petty in this select circle.
    1985 - Cherry Coke was introduced by the Coca-Cola Company, not at company headquarters in Atlanta, but in New York City, instead. Many who grew up in the 1950s rushed to buy the canned and/or bottled taste of nostalgia; hoping it would taste the same as they remembered. It was common to have a “Cherry Coke” or “lemon coke” and even a “chocolate coke.” Unfortunately, the taste was not what many of us remembered at the ice cream fountain or corner drug store (I guess I am that old as I remember going to Mamaroneck Junior High and stopping on the way home at the Larchmont corner drug store for a tall soda.
    1985 - William Schroeder was the first artificial heart patient to leave the hospital. He spent 15 minutes outside Humana Hospital in Louisville, KY.
    1986 - Top Hits
“How Will I Know” - Whitney Houston
“When the Going Gets Tough, the Tough Get Going” - Billy Ocean
“Kyrie” - Mr. Mister
“Makin’ Up for Lost Time” (The Dallas Lovers’ Song) - Crystal Gayle & Gary Morris
    1986 - Rap artist Kurtis Blow and rock musician Steven Van Zandt visited a Chicago high school to speak against apartheid. Van Zandt was the driving force behind Artists United Against Apartheid, a benefit group of 49 artists who recorded the 1985 hit "l Sun City." Proceeds from the record were to benefit political prisoners in South Africa.
    1987 - Willie Nelson's movie "Red-Headed Stranger," opened in Austin, Texas at a benefit for public television. The film, based on Nelson's 1975 concept album of the same name, also starred Katherine Ross and Morgan Fairchild.
    1987 - A controversial anti-smoking ad aired for the first time on television. It featured actor Yul Brynner in a public service announcement that was recorded shortly before his death from lung cancer.
    1988 - Roy Acuff, the King of Country Music, celebrated his 50th anniversary on the Grand Ole Opry. Also marking his 50th year on the show was Acuff's guitar player, Pete Kirby, known as Bashful Brother Oswald. Honoring Acuff were such stars as Del Reeves, Porter Wagoner and Connie Smith. Acuff came out of the East Tennessee Hills in the 1930's to become the Opry's first singing star.
    1988 - Showers and thunderstorms in the southeastern U.S. drenched Valdosta, GA with more than five inches of rain, and the 24 hour rainfall total of 7.10 inches at Apalachicola, FL more than doubled their previous 24 hour record for February.
    1988 - Former Wham! front man George Michael played his debut solo concert at the Budokan in Tokyo. It was the first of six sold out Japanese dates on Michael's "Faith" world tour. The tour would wind up eight months later in Pensacola, Florida.
    1992 – In San Francisco, porn producer Jim Mitchell was found guilty of killing his brother Artie. They were the Mitchell Brothers.
    1993 - Whitney Houston's "I Will Always Love You" became the longest-running number-one pop single of the rock era, topping the Billboard chart for the 14th week. It broke the record set the previous October by Boyz II Men's "End of the Road." Before that, the record was held by Elvis Presley's double-sided hit "Don't Be Cruel" and "Hound Dog," which was number one for 11 weeks in 1956.
    1993 - Elton John had to cut short his encores at a show in Melbourne, Australia, after a swarm of crickets virtually took over the outdoor stage. John's publicist said the entertainer gave up when the bugs made the stage dangerously slippery.
    1994 - Michael Jackson drew a nearly five-minute standing ovation at the Jackson Family Honors show at the MGM Grand Hotel in Las Vegas. The singer, facing child abuse allegations at the time, presented a lifetime achievement award to Motown Records founder Berry Gordy. The audience later booed when they found out Michael wouldn't be performing solo at the event, which was telecast the following week. The following month, the producers of the concert sued the Jackson family, accusing them of fraud and claiming to have lost more than $1 million. $4.5 million was raised at what was billed as a charity event, but the Jacksons later acknowledged that only $100,000 would in fact go to charity.
    1994 - Olympian Bonnie Blair of Champaign, IL, became the first speed skater to win a gold medal in the same event in three consecutive Olympic Games when she won the 500 meters in Lillehammer, Norway. On Feb 23, she added a victory in the 1,000 meters to give her a total of five gold medals, more than any other American female athlete. The Soviet Union led all countries with 25 medals, the United States captured nine medals to tie for fifth place. Within the shadow of what was the Olympic Stadium, hundreds, maybe thousands, of Bosnians are now buried; the result of the civil war that began in the early 1990s.
    1995 - "Baywatch" star Pamela Anderson married Motley Crue drummer Tommy Lee in Cancun, Mexico. The bride was reported to have worn "a very tiny - an extremely tiny - white bikini." The bridegroom wore white Bermuda shorts without shoes or shirt.
    1997 – The FCC designated 311 for non-emergency calls and 711 for hearing or speech-impaired emergency calls
    2001 - The Oklahoma City Bombing Museum was dedicated at the Oklahoma City National Memorial.
    2004 - Former Enron Corp. chief executive Jeffrey Skilling was charged with fraud, insider trading and other crimes in connection with the energy trader's collapse.
    2006 – A methane gas explosion killed 65 miners in a coal mine near Nueva Rosita, NM
    2007 – New Jersey, the third state to ratify the US Constitution, became the third state to offer civil unions to gay couples.
    2008 – Cuban leader Fidel Castro, in power for nearly 50 years, resigned the Cuban presidency for health reasons.
    2008 – Toshiba announced its formal recall of its HD DVD video formatting, ending the format war between it and Sony's Blu-Ray Disc
    2010 - The FBI concluded that Army scientist Bruce Ivins acted alone in the 2001 anthrax mailings that killed five people, and formally closed the case.
    2011 - Strong winds reaching as high as 40 mph with gusts to 53 mph topple the 48 year old National Christmas tree. The 42 foot tall Colorado blue spruce sat just south of the White House on the Ellipse. It was transplanted there from York, Pennsylvania in 1978.

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