Monday, January 27, 2014
Today's Equipment Leasing Headlines
4th Arrest in Utah for Dallin Hawkins
Broker/Funder/Industry Lists |
You May have Missed---
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Fourth Arrest in Utah for Dallin Hawkins
Leasing super broker Dallin Hawkins was arrested January 24, 2014 by the Salt Lake County Sheriff's office. Until this event, he had been actively seeking broker business and has been active on LinkedIn.com.
Hawkins has four Leasing News Bulletin Board complaints about not returning deposits (one for $50,000) to lessees as well as brokers. (1)
(1) Previous Record and Bulletin Board Complaints
(These ads are “free” to those seeking employment or
Free Posting for those seeking employment in Leasing:
All “free” categories “job wanted” ads:
Buy, Sell or Take Over a Lease
Rob Mackenzie, founder of Un-Lease.com is trying to create an online marketplace to facilitate lease transfers. He would like to connect with leasing companies, who he believes, would benefit in the following ways:
Right now his web site primarily has copiers, but lists other categories (most are empty). The web site notes: Lease take-overs on printers & copiers for 60-80% off regular cost. Short commitments, low monthly payments.
There also is "Sell, Unlease for cash---Find a buyer and get out of your lease. Listing is free. We charge a 5% transaction fee for successful transfers."
The website today primarily has copiers, but lists other categories (most are empty). The opportunity is for the lessee who wants to "unlease" his lease to list the equipment and thus start a new category.
There does not seem to be another equipment category, but a search did find several vehicle transfer web sites:
For more information, please contact:
Aggregate Funding Sources
Capital Relay states on their web site they have 675 brokers and 115 lenders on their network.
Top eLeasing companies as ranked by employees and volume
One site is free, the other two require a subscription for "leads" or "sources." Portals were the original browsers that are now much broader, such as Google or Yahoo. They basically link users to other reference sites. These portals are aimed specifically at business sites and network.
Leasing Industry Help Wanted
The two branches of The Bank of Union, El Reno, Oklahoma, and a loan production office in Oklahoma City, were closed with BancFirst, Oklahoma City, Oklahoma, to assume all of the deposits. With assets of more than $6 billion, BancFirst is Oklahoma’s largest state-chartered bank with 93 locations in 50 communities, all in Oklahoma The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $70 million.
The Bank of Union was established January 1, 1900 in El Reno, and acquired a branch in Union City February 7, 1992. As noted above, the bank had a loan production office in Oklahoma City. For the three facilities, the bank had 67 full time employees that resulted in a September 30, 2013 Tier 1 risk-based capital ratio: 0.88%.
August 2, 2013 www.newsok.com reported the bank had met with regulators and was to shore up its capital position and lending policy:
"The Bank of Union has undergone a period of rapid growth in assets over the past five years, thanks in part to the booming energy sector and agricultural activity in Canadian County. (Note: the loan production facility not in Canadian County was not mentioned. editor.)
"Because of the economic growth, the bank has grown from $190 million in assets five years ago to $400 million, Bank President John Shelley said.
"However, the bank's infrastructure and policies had not kept pace with its unprecedented growth, Shelley said.
“ 'Although we are always attentive to our infrastructure, policies and procedures, it was difficult to accommodate all of the needs associated with such unprecedented growth at the same pace at which the growth was occurring,' Shelley said. 'We just simply grew faster than expected.'
"'The Bank of Union has added new staff, strengthened policies and procedures, and increased capital,' Shelley said.
"'We are appreciative of and are cooperating with regulatory agencies to comply with their requests,' he said.
"The bank has increased its liquidity to $75 million in cash and has $36 million in capital, Shelley said."
FDIC records show after a $38 million charge off in 2012 resulted in a loss of $38.3 million for the bank, net equity was $33.3 million, which is similar to President Shelley’s comment. But by September 30, 2013 the net equity had dropped to $2.3 million but charge offs were only ---$114,000 (meaning they recovered $114,000 and had no real charge offs. Editor); however, noncurrent loans had gone from $45.5 to $150.7 million. As noted above, Tier 1 was .088%, quite low. Loans were not being paid, but as of the date not charged off. Year-end December, 2013 statements were not recorded in public FDIC documentation.The president of the bank, John Shelley was appointed to the position in 1997, so what changes happened?
Except for the weather:
On May 31, 2013, the 2013 El Reno tornado, the widest tornado ever documented hit the small town of El Reno, and the county as well. The tornado was an estimated 2.6 miles in width, had a strength of EF5, and had the second-highest recorded wind-speed of 295+ MPH… It hit the outskirts of the city, prompting a tornado emergency for El Reno and surrounding cities. That tornado killed 8 people, including three storm chasers (Tim Samaras, his 24-year-old son Paul, and Tim's colleague, Carl Young).
(in millions, unless otherwise)
Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans.
As of September 30, 2013, The Bank of Union had approximately $331.4 million in total assets and $328.8 million in total deposits. In addition to assuming all of the deposits of the failed bank, BancFirst agreed to purchase approximately $225.5 million of the failed bank's assets. The FDIC will retain the remaining assets for later disposition, as well as using an $70 million from the Deposit Insurance Fund (DIF).
List of Bank Failures:
Leasing News Bank Beat:
California Case Demonstrates Perils of Leasing
Some Franchises Have Rapid Turnover Which Equates to a Default on the Lessor’s Equipment Lease. Almost as Much Investigation of the Franchise is Needed as the Franchisee.
Kazar v San Gabriel Plaza 2011 WL 6062019 (Cal., 2011)
I get calls a couple times a year from lessors who leased restaurant equipment for a new restaurant. That might be a problem. But the real heartbreak is when the lease is to a lessee who doesn’t inform the lessor that they have sold the restaurant and there is a new owner or operator.
In today’s case, the restaurant owner leased premises for a Quiznos sandwich shop. The fixtures totaled about $30,000 and were leased. The location was not fruitful, and the owner sold the location and the restaurant to his daughter. The daughter had no skin in the game, worked the location for a while, informally sold it, and then took it back. The landlord ultimately evicted her and seized the restaurant equipment and auctioned it off. While the equipment lessor was not immediately involved in the dispute, the case raises the question when and how an equipment lessor should finance trade fixtures for a franchisee.
Without some protection from landlord, the equipment lessor is at the mercy of the Franchisor and landlord who often combine to get a new franchise in the space and seek to severely discount the value of the leased equipment. Some franchises are so troubled that many franchisors turn locations multiple times over 2-3 years, keeping the same fixtures and equipment in place while shuffling franchisees.
It is recommended visits or independent site inspections be conducted on a regular basis, and semi-annually with franchises in bankruptcy.
So the question for today is whether an equipment lessor may safely lease equipment to a franchisee, and if so, what can be done to maximize the recovery and minimize the risk. At the core, one must understand three things—(1) the nature of the equipment as trade fixtures, (2) the financial viability of the franchisee, and (3) the relationship with the franchisor.
The term “Trade Fixtures” in many states, other than in California, is defined as fixtures used in a trade, business or profession, and enjoys a protected status as between the lessee, on the one hand, and the real estate landlord. The typical example of a trade fixture would be grills, ovens, hoods, and other equipment attached to the real estate, but part of the restaurant’s operation. Most States protect trade fixtures from the clutches of the landlord. In California, there is no distinction, so a UCC fixture filing is necessary. The lessor should obtain a landlord’s waiver.
But having solved the equipment issue, two financial questions remain: the financial strength of the lessee/franchisee and whether the franchisor is strong and cooperative. The former may be easily ascertained with financial statements and tax returns. However, the latter is equally important, because if the franchisor is not strong, or the franchisor is churning locations with serial franchisees, the lessor’s equipment lease will soon be at risk. It is challenging to determine the financial strength and honesty of the franchisor.
In this case, the equipment lessor ended up with its equipment sitting in storage and the franchisee walking away from the business after a year. So the ultimate question for today is what can a lessor do to protect itself when leasing to a franchisee?
First, understand that the lessor’s success is directly dependent on the franchisee’s success. Therefore, an aggressive franchisor with coercive terms in the agreement and a poor track record will impact the lessor’s risk. What is the overall success rate of the franchise, e.g., what percentage of franchisees fail each year? Anything above 10% would evidence a poorly run franchise. Some franchisors won’t tell the equipment lessor this number. These numbers may also vary and the specific geographic areas, may not be the average or include or exclude international numbers.
Second, if the lessor intends to finance the franchisor’s customers, it would not too much to ask for, and review, the master franchisee agreement and geographical failure rates to assess the risk.
Third, the lessor may want to interview former and existing franchisees. Some of the questions I would ask would include: How did the franchisee’s initial investment compare to the estimates the franchisor provided in the Franchise Disclosure Document? What benefits did the franchisee see from being a part of the franchise system generally, and what ongoing support did the franchisor provide?
Fourth, the lessor might want to consult franchisee web site forums, franchise research websites and franchise industry publications that can all be valuable sources of information. The California franchise registrar currently scans and posts all registration submissions to its website, and this resource is available to the public free of charge. Of course, a franchisor’s California Franchise Disclosure Document will not necessarily mirror the document that it offers in other states. A handful of negative reviews is not unusual, but if there is consistent griping about the franchisor and a high failure rate, the lessor might not want to finance that particular franchise. Don’t forget to “Google” a wide search to see what else may come up from a former franchisee or newspaper story. I also recommend “Yelp” as customer reaction and complaints may be very revealing.
Fifth, since the lessor is financing possible fixtures, get a landlord waiver and do a fixture filing, even in those States which do not recognize trade fixtures.
Sixth, because a default is possible, and upon such default a new franchisee under the same franchise might be interested, investigate whether there are existing franchise locations within five miles. Obviously, a competing franchise nearby will impact both the success of the lessor’s present financing and the possibility of recouping payment from a successor franchisee. Some franchisors pack franchises into small areas, which accelerates defaults and makes obtaining a new franchisee challenging.
Seventh, many lessors try to obtain deals from the top down, e.g., negotiate a broker agreement with the franchisor in exchange for being the franchisor’s “preferred lender.” Like other Vendor Agreements, the franchisor will want a high percentage of qualified franchisees approved, so setting floors for credit approvals will be necessary. The chief advantage of being deemed a “preferred lender” by the franchisor is that there will be little risk of being stabbed in the back by the franchisor when it takes back the franchise location.
Finally, because franchises are inherently risky, if there is a failure, the franchisee’s guaranty is probably worthless. Therefore, the lessor should underwrite the deal with eye towards the percentage likelihood of failure, the amount of working capital the franchise has to carry him 24 months, and the wholesale value of the equipment if the franchisee walks away.
Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.
Previous Tom McCurnin Articles:
“New Year’s Career Resolutions”
Question: Emily, would appreciate some ideas for New Year Career Resolutions.
Answer: GOALS – those who lack a direction have difficulty in setting goals.
List and define your goals to be accomplished weekly, monthly and yearly AND write them down. Some items that can be worked on with respect to your career:
Write down your main goals for the year and connect these goals to weekly / daily goals and targets. I recommend using a pad and pen, and if you like, either put into a small blank book and keep as your guide---or your computer, make a folder for your goals.
If you are active on your mobile device, consider one of these 15 apps to track & manager your goals: http://web.appstorm.net/roundups/15-fantastic-apps-to-track-manage-your-goals/
ACTIONS – the ability to get things done is what separates people who get results and those that talk – EXECUTE - This all starts with a “plan.”
Alice “Would you tell me, please, which way I ought to go from here?”
The Cat “That depends a good deal on where you want to get to.”
Alice “I don’t much care where.”
The Cat “Then it doesn’t matter which way you go.”
- Lewis Carroll
SET Goals, TAKE Action & Challenge yourself to have a Winning Attitude Everyday & Towards Every Project / Sales Goal for 2014
… Taking initiative, being – disciplined, organized, efficient and professional are some attitudes to strive for in 2014 – choose your attitude that will influence not only your career but your personal life as well.
…It all starts with a written plan. Then transfer to a small book, or your computer, or mobile device.
Career Crossroads Previous Columns
True leases are coming back and residuals and return condition requirements plus performance limits are a necessary part of your lease documentation.
Some of the expenses you need to take into account when considering a residual amount are, transportation, storage, advertising, commissions for educated sales, and the time cost of money because you have an investment in the equipment (residual) that has no one paying you a return while it waits to be sold.
One of the most important parts of a commercial equipment lease is how you handle the termination of the lease. Residuals are a part of a lease but to realize that residual the equipment must be returned in good condition and have at least 20% of its remaining life left to remarket.
The value of the residual is in part how you prepared the language in your documentation for required maintenance and over use. Additional rent needs to be required if the use exceeds the limits imposed in the lease.
The lease has a term and additional rent is required if the equipment is not returned on the last day of the lease. If you rented a car for a week and returned it after 10 days there would be additional rent required. You need to have language that charges an extra month’s rent from one day to 30 days late return of the equipment.
On occasion I have placed language in the lease that the lessee “could” be subject for an inspection fee to determine if the equipment is returned in satisfactory condition. I never had to impose the fee because the fear of the fee and the inspection cause the lessee’s to return the equipment in agreed upon condition on time. (Last day of the lease)
The expenses to remarket the equipment can be expensive so it needs to be estimated during the equipment review prior to credit approval. Then it will affect the size of the residual. Some easy to remarket equipment can have higher residuals whereas some hard to remarket equipment may require smaller residuals because of the time and effort to remarket.
The standard or average residual is 50% of the expected wholesale value of the equipment and is a point to start the process of what residual to assume.
One fact to remember is the equipment’s condition and reliability or performance is covered by the vendor and must be transferred to the lessee to have a legal lease. If you do not release the equipment to the lessee and you take delivery of the returned equipment you may be interested in releasing it to a new lessee because it may be more valuable that just selling it. However the protection of the vendors guarantees of performance is gone. You may be subject to the equipment’s lack of performance or failure to function. This may cause the lessee to have an excuse to not pay rent. If the equipment injured people or property you may also be held accountable.
You become the vendor and disclaimers aside it is better to dispose of the equipment.
I recommend you have your attorney review your contract, if you particularly are the seller of the equipment and want to treat it as an operating lease or even a capital lease, and even if an equipment finance agreement. In this age of consumer court rulings entering commercial law, better to have your documents reviewed and save the loss of time and expense in learning the hard way what was overlooked or not covered in your documents.
Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty-five years and can be reached at firstname.lastname@example.org or 502-649-0448
He invites your questions and queries.
Previous #102 Columns: http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm
(This ad is a “trade” for the writing of this column. Opinions
2014 Major Leasing/Finance Conference Dates
March 31-April 2
2014 Western Regional Meeting
CFA Related Conferences
CFA Network Calendar
ELFA ---2014 Schedule of Conferences, Workshops
Leasing News Advisor
Dale joined the Leasing News Advisor Board on January 26, 2007.
Dale R. Davis
Dale Davis is the President of Endeavor Financial Services. He has been active in the vehicle and equipment leasing business since 1978.
Dale was the President of the National Vehicle Leasing Association (NVLA) in 2005-2006. He was presented with the association’s Lifetime Achievement award in 2007.
Dale is a contributing author to “Foundations of Leasing", an industry publication. He is also active with local community groups and the Make-A-Wish Foundation.
Dale is married and has four children.
Top Stories---January 21--January 23
Here are the top stories opened by readers:
(1) Confirmed: Sheldon Player Passed Away Nov. 13, 2013
(2) E.A.R. Case Takes Wrong Turn for Equipment Lessors
(3) Leasing 102 by Mr. Terry Winders, CLP
(4) Non-Current Loans/Charges Offs Bring Bank Down
(5) Archives: January 21, 2004 Orix--Down Dates
(6) Counterfeit Cashier’s Checks By Tom McCurnin
(7) New Hires—Promotions
(8) Failed-bank bidding details spotlight: Umpqua Bank
(9) The World's Highest-Paid Musicians 2013
(10) Meet Leasing News Advisor
Steve Crane, CLP
159 - ID#A383059
“The shelter staff think I am about 1 year and 3 months old.
“I have been at the shelter since Jan 23, 2014.”
Montgomery County Animal Control & Humane Society
Montgomery County Humane Society- County Animal Shelter
Adopt a Pet
Lease Accounting Overhaul Likely to Be Scaled Back
PayPal Processed $27 Billion in Mobile Payments in 2013
The 36 Most Valuable Start-ups on Earth
Steve Jobs' First Public Demonstration of the Macintosh,
SparkPeople--Live Healthier and Longer
8 Ingredients for the Perfect Super Bowl Party
American Football Poem
The Superbowl is playing
That's where we make our mistake
The Broncos and Colts are going to war
Instant replay shows all the mistakes
Snow on practice fields concerns coaches
Super Bowl ecomonic boom for NYC? Not so much/
Successful Super Bowl in snow could pave way for other cold-weather cities
Grid Iron Super Bowl Package Tickets
California drought: Past dry periods have lasted more than 200 years, scientists say
World's Leading Winemakers Descend on New Hampshire Next Week
Report Shows Growth In Direct Winery Shipments
Battle to Save Sherry
The Year of Mobile Commerce?
Behind The Scenes Of Vegas Uncork'd With Bellagio Director Of Wine Jason Smith
Free Mobile Wine Program
Wine Prices by vintage
US/International Wine Events
Leasing News Wine & Spirits Page
This Day in History
1772 - The "Washington and Jefferson Snowstorm" occurred. George Washington reported three feet of snow at Mount Vernon, and Thomas Jefferson recorded about three feet at Monticello.
1778 – Marines landed at New Providence, Bahamas; the American flag flew over foreign soil for the first time. The first American soldiers sent forth from the fledgling nation’s shores were a detachment of Marines. That amphibious raid–the first in what remains today a Marine specialty–aimed to seize guns and gunpowder from a British fort.
1805 - Southeastern New York and New England were in the middle of a 3 day snowstorm. Snow fell continuously for 48 hours in New York City where two feet reportedly accumulated.
1810-The third U.S. Census recorded a population of 7,239,881, an increase of 1,931,298 over the 1800 Census. The 1810 census included
one new state: Ohio. Black population rose by 481,361 to 1,278,1100. Of this total, 186,746 were free citizens, a group omitted in the 1800 census. The center of population moved to a point 40 miles northwest of Washington, DC.
1830-The landmark Webster-Hayne debates took place from January 19th to 27th . They began when Senator Samuel A. Foot of Connecticut offered a resolution to restrain sale of public lands in the West. Sen. Thomas Hart Benton of Missouri replied by declaring that eastern interests were trying to check the prosperity of the West. He was supported by Sen. Robert Y. Hayne of South Carolina, who defended states’ rights. Hayne stated that “the very life of our system is the independence of the states, and that there is no evil more to be depreciated than the consolidation of this government.” Sen. Daniel Webster of Massachusetts replied by criticizing the tendency of some senators “to habitually speak of the union in terms of indifference , or even of disparagement.” The debate evolved into a discussion of the powers of the Constitution and the nature of the Union. In his speech of Jan. 26-27, Webster declared that the states were sovereign only in that area where their power is not qualified by the Constitution, and that the Constitution and the government were sovereign over the people. “Liberty and Union, now and forever, one and inseparable!” was included in the speech delivered by Daniel Webster of Massachusetts in debate with Sen. Robert Y. Hayne of South Carolina. Webster held that the union was stronger than the separate states, and that its acts could not be nullified by them.
1850-Birthday of Samuel Gompers, one of the key figures of the U.S labor movement, born in England. In 1863, Gompers emigrated to New York with his family and soon joined his father working as a cigar maker in various New York sweatshops. Although he became heavily involved in the cigar makers' union, Gompers was hardly an advocate of labor's more left-leaning tendencies. As he rose to prominence in the union, Gompers gradually articulated his belief in strikes and boycotts tempered by responsibility and reason. In addition, he focused almost solely on economic goals and hailed binding contracts as a key to improving the lives of workers. In 1886, Gompers spearheaded the formation of the American Federation of Labor (A.F. of L.) He ruled the A.F. of L. for forty years, save for 1895, when a brief burst of socialist sentiment forced him out of office. Gompers shaped the A.F. of L. into his conservative ideal, leading the organization to eschew overt political affiliations, most notably radicalism, in favor of broad patriotic values. However, as employers and politicians increasingly marshaled tough tactics to quell the rising tide of labor, Gompers was forced to choose sides, and in 1908, he supported William Jennings Bryan's failed run for the Oval Office. A few years later, Gompers became a fierce ally of President Woodrow Wilson, and Gompers used the pulpit of the A.F. of L., as well as the recently formed Pan American Labor Federation, to push the government's policy in World War I. Gompers passed away in Texas on December 13, 1924.
1870 - At the then Indian Asbury University, Kappa Alpha Theta, the first women's Greek letter society, or sorority, was founded. The university is now called DePauw University in Greencastle, Indiana.
1880 - Thomas Alva Edison patented the electric incandescent lamp.
1885 - Birthday of Jerome Kern, American composer born at New York City; died there Nov 11, 1945. In addition to scores for stage and screen, Kern wrote many memorable songs, including “Ol' Man River,” “Smoke Gets in Your Eyes,” “I Won't Dance, “ “The Way You Look Tonight,“ “ All the Things You Are,” and “ The Last Time I Saw Paris.”
1888 - In Washington, D.C., the National Geographic Society was founded.
1894 - The University of Chicago played its first basketball game, beating the Chicago YMCA Training School 19-11. The University of Chicago became the first basketball team to play a full schedule of games, ending with a 6-1 record.
1900-Birthday of Hyman Rickover, American naval officer, known as the “Father of the Nuclear Navy.” Admiral Rickover directed development of nuclear reactor powered submarines, the first of which was the Nautilus, launched in 1954. Rickover was noted for his blunt remarks: “ To increase the efficiency of the Department of Defense,” he said, “ you must first abolish it. “ The four-star admiral was forced to retire at the age of 81, after 63 years in the navy. Born in Russia, Rickover died at Arlington, VA, July 9, 1986 and is buried at Arlington National Cemetery.
1908-Birthday of trumpet player Oran “Hot Lips” Page.
1918-Birthday of bandleader Skitch Henderson, best known as the bandleader for “The Tonight Show” with Steve Allen and then Johnny Carson.
1918 - The first Tarzan film, Tarzan of the Apes, is released. The silent movie, based on Edgar Rice Burroughs' novel, was the first in a long line of Tarzan productions. Olympic champion swimmer Johnny Weissmuller starred in 11 Tarzan movies from 1932 to 1948 and contributed Tarzan's signature yodel to the TV show, which ran from 1966 to 1969. The character was also featured in a radio show starting in 1932 and in a long-running comic strip.
1921--Birthday of Donna Reed (Mullenger), who won an Academy Award for her work in ‘From Here to Eternity” (1954). Also remembered for her role in "It's a Wonderful Life," but perhaps best known for her TV series "The Donna Reed" show (1958-1966), winning 1963 Golden Globe for Best TV Star--female. She died January 14, 1986. http://en.wikipedia.org/wiki/Donna_Reed
1927-The Harlem Globetrotters opened their first tour with a game in Hinkley, IL. Founded by Abe Saperstein as a spin-off from the great Harlem Renaissance team, the Globetrotters quickly became fan favorites around the world.
1927-Birthday of jazz pianist Don Shirley, Kingston, Jamaica.
1930 –Birthday of Bobby ‘Blue' Bland (Robert Calvin Brooks), Rock ‘n’ Roll Hall of Fame singer: “That's the Way Love Is”, “Call on Me”, “Turn on Your Love Light”, “Ain't Nothin' You Can Do”, born Rosemont, TN. Original group: The Beale Streeters with Johnny Ace. His grainy vocal style is a mixture of gospel and blues, and he had considerable influence on singers as diverse as Rod Stewart and Al Green. "Call on Me" and "That's the Way Love Is" was a double-sided million-seller for Bland in 1963. But white audiences didn't begin to buy his records until he recorded his "California Album" and "Dreamin' " in the early '70s. They proved to be the most popular LPs of his career. When I lived in New Orleans for a long summer in 1958 with my friend Warren Luening, Jr., and his family, Bobby “Blue” Bland was number one of the radio. I could do a pretty good impression of Bobby “Blue” Bland, including imitating his stand and manners. I knew most of his songs by heart. I have never missed a chance to see him when he was in the San Francisco Bay Area, including spending my birthdays after midnight, at his New Year's Eve Show at the San Carlos Circle Star Theater (B.B.King also shared the stage.)
1931-Birthday of Rudy Maugeri, baritone singer and arranger for the Crew-Cuts, born in Toronto, Canada. All four members of the group were students at St. Michael's Cathedral Choir School in Toronto. They were discovered in 1954 by Mercury Records while they were singing in Cleveland under the name of the Canadaires. They became the Crew-Cuts after the popular hair style of the time. One of the first white groups to record rock 'n' roll versions of black rhythm-and-blues hits, the Crew Cuts are best known for their 1954 million-seller "Sh-Boom."
1939 – Birthday of Julius Lester, re-teller of legends and folklore of the American South, born St. Louis, Missouri. Since the early 1970's, Lester has served as a professor at the University of Massachusetts at Amherst.
1941-Birthday of vibe player Bobby Hutcherson, Los Angeles, CA
1943-The first air attack on Germany by the Army Air Force in World War II was made by the 8th Air Force led by Brigadier General Haywood Shepherd Hansell III from bases in England. The targets were naval bases and docks at Wilhelmshaven and factories in Emden in northwest Germany. The Americans lost three planes on the mission, two Liberators and one Flying Fortress. Of 64 planes participating in the raid, 53 reached their targets. The German loss was 22 fighter airplanes and 3 bombers. Its B-17 Flying Fortresses, capable of sustaining heavy damage while continuing to fly, and its B-24 Liberators, long-range bombers, became famous for precision bombing raids. The premier example was the raid on Wilhelmshaven, commanded by Brig. Gen. Newton Longfellow. The 8th Air Force was amazingly effective and accurate in bombing warehouses and factories in this first air attack against the Axis power.
1944—The siege of Leningrad began with German bombing of the city. The bombing continued for 430 hours The suffering of the people of Leningrad during the 880 day siege was one of the greatest tragedies of WWII. More than half the population of Russian’s second largest city died during the winter of 1942. The siege finally ended on January 27, 1944.
1944 - Casey Stengel resigned as the manager of the Boston Braves, a post he held since 1938. He went on to become manager of the New York Yankees in 1948. He won the World Series in each year from 1949-53, the only manager to do so in Major League history. He took the Yankees to the World Series every year but 1954 and 1959 during his tenure that ended after the 1960 Series. Famous Stengelisms include: "The Yankees don't pay me to win every day - just two out of three"; "The secret of managing a club is to keep the five guys who hate you away from the five guys who are undecided"; and "You have to draft a catcher, because if you don't have one, the ball will roll all the way back to the screen." He was elected to the Baseball Hall of Fame in 1966.
1945 - The Russians liberated the Auschwitz concentration camp, where the Nazis had murdered 1.5 million men, women and children, including more than one million Jews.
For Sentimental Reasons - Nat King Cole
A Gal in Calico - Johnny Mercer
Ole Buttermilk Sky - The Kay Kyser Orchestra (vocal: Mike Douglas & The Campus Kids)
Rainbow at Midnight - Ernest Tubb
1948 - Wire Recording Corporation of America unveiled the first magnetic tape recorder, the ‘Wireway' machine containing a built-in oscillator. It sold for $149.50.
1955—Birthday of John G. Roberts, Jr., Chief Justice of the US, born Buffalo, NY.
Mr. Sandman - The Chordettes
Let Me Go, Lover! - Teresa Brewer
Earth Angel (Will You Be Mine) - The Penguins
Loose Talk - Carl Smith
1956--- Elvis Presley, "Heartbreak Hotel" released today.
1958-Birthday of country singer Tracy Lawrence
1958 -- Little Richard enters Oakwood College in Huntsville, Alabama. It's a school for blacks run by the Seventh Day Adventist Church. Little Richard explains while flying over the Philippines on tour, the wing on his plane caught fire and his prayers that the flames go out were answered. As a result, he says he's giving up rock and roll so he can serve God.
1959-Birthday of Anthony Cris Collinsworth, sportscaster, former football player, born Dayton, OH.
1961 - Leontyne Price debuted at New York's Metropolitan Opera House, singing the role of Leonora in "Il Trovatore". Price was the seventh black singer to make a debut at the Met, the first was Marian Anderson in 1955.
1962 - Elvis Presley received his 29th gold record for “Can't Help Falling in Love”, just weeks after receiving one for the soundtrack to his seventh movie, “Blue Hawaii”.
1962--- Joey Dee and the Starliters' "Peppermint Twist" hits #1
1962-Benny Goodman Band enplanes for Soviet tour; first jazz band to play Russia.
Walk Right In - The Rooftop Singers
Hey Paula - Paul & Paula
Tell Him - The Exciters
The Ballad of Jed Clampett - Flatt & Scruggs
1964- Senator Margaret Chase Smith (R-MA) announces her candidacy for the presidency of the United States at a Women's National Press Club luncheon. In her statement she acknowledged that many think that "No woman should ever dare to aspire to the White House - and that this is a man's world and should be kept that way." She received 27 votes at the national convention which nominated Barry Goldwater.
1966 - Oswego, NY, was in the midst of a five day lake effect storm which left the town buried under 102 inches of snow.
1967 -- During a preflight test for what was to be the first manned Apollo mission, a fire claimed the lives of three U.S. astronauts; Gus Grissom, Ed White and Roger Chaffee. After the disaster, the mission was officially designated Apollo 1. The Apollo program was designed to land humans on the Moon and bring them safely back to Earth. Six of the missions (Apollo's 11, 12, 14, 15, 16, and 17) achieved this goal. Apollo's 7 and 9 were Earth orbiting missions to test the Command and Lunar Modules, and did not return lunar data. Apollo's 8 and 10 tested various components while orbiting the Moon, and returned photography of the lunar surface. Apollo 13 did not land on the Moon due to a malfunction, but also returned photographs. The six missions that landed on the Moon returned a wealth of scientific data and almost 400 kilograms of lunar samples. Experiments included soil mechanics, meteoroids, seismic, heat flow, lunar ranging, magnetic fields, and solar wind experiments.
1967---EVANS, DONALD W., JR. Medal of Honor
Rank and organization: Specialist Fourth Class, U.S. Army, Company A, 2d Battalion, 12 Infantry, 4th Infantry Division. Place and date: Tri Tam, Republic of Vietnam, 27 January 1967. Entered service at: Covina, Calif. Born: 23 July 1943, Covina, Calif. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. He left his position of relative safety with his platoon which had not yet been committed to the battle to answer the calls for medical aid from the wounded men of another platoon which was heavily engaged with the enemy force. Dashing across 100 meters of open area through a withering hail of enemy fire and exploding grenades, he administered lifesaving treatment to 1 individual and continued to expose himself to the deadly enemy fire as he moved to treat each of the other wounded men and to offer them encouragement. Realizing that the wounds of 1 man required immediate attention, Sp4c. Evans dragged the injured soldier back across the dangerous fire-swept area, to a secure position from which he could be further evacuated. Miraculously escaping the enemy fusillade, Sp4c. Evans returned to the forward location. As he continued the treatment of the wounded, he was struck by fragments from an enemy grenade. Despite his serious and painful injury he succeeded in evacuating another wounded comrade, rejoined his platoon as it was committed to battle and was soon treating other wounded soldiers. As he evacuated another wounded man across the fire covered field, he was severely wounded. Continuing to refuse medical attention and ignoring advice to remain behind, he managed with his waning strength to move yet another wounded comrade across the dangerous open area to safety. Disregarding his painful wounds and seriously weakened from profuse bleeding, he continued his lifesaving medical aid and was killed while treating another wounded comrade. Sp4c. Evan’s extraordinary valor, dedication and indomitable spirit saved the lives of several of his fellow soldiers, served as an inspiration to the men of his company, were instrumental in the success of their mission, and reflect great credit upon himself and the Armed Forces of his country.
1967 - Residents of Chicago, IL, began to dig out from a storm which produced 23 inches of snow in 29 hours. The snow paralyzed the city and suburbs for days, and business losses were enormous
1968 - Seven weeks after singer Otis Redding's death, his song "(Sittin' on) The Dock of the Bay" was released. It hit #1 on March 16, 1968 staying at the top for a month. In 1960, Redding began his recording career with Johnny Jenkins and The Pinetoppers on Confederate Records. He sang duet with Carla Thomas and charted 11 hits. Redding, from Dawson, Georgia, died in a plane crash at Lake Monona near Madison, Wisconsin. The crash also killed four members of the Bar-Kays. "The Dock of the Bay", Redding's only number one song, was recorded three days before his death.
1968 - The Bee Gees gave their first American concert as a group, earning $50,000 to play at the Anaheim Convention Center in California. The Beatles were paid the same amount to perform at the Hollywood Bowl a few years prior.
1971-The first US postage stamp depicting a Jew was the three-cent bright red-violet postage stamp to commemorate the centenary of the birth of labor leaser Samuel Gompers, one of the founders of the American Federal of Labor. The stamps were printed by rotary press, 70 stamps to the pane.
Knock Three Times - Dawn
Lonely Days - Bee Gees
Stoney End - Barbra Streisand
Rose Garden - Lynn Anderson
1972 - The New Seekers received a gold record for “I'd Like to Teach the World to Sing” on this date. The song was an effective campaign tool for Coca-Cola television commercials.
1973- DVN Day. The US and North Vietnam, along with South Vietnam and the Viet Cong, signed the official "Agreement on ending the war and restoring peace in Vietnam." Signed at Paris, France, to take effect January 28 at 8 AM Saigon time, thus ending US combat role in a war that had involved American personnel stationed in Vietnam since defeated French forces had departed under terms in the Geneva Accords in 1954.
---Ends the longest war in US history. This is the same agreement as was drafted the previous October.
3 million Americans were enlisted in the military
47,366 Americans died in combat in the Vietnam war
· 275,000 Americans experience a death in their family
· 1.4 million saw someone in their family wounded
· 6.5 million served in armed forces, 1 million+ saw combat
Peace negotiations between the United States and North Vietnam had been ongoing since 1968. Richard Nixon was elected president that year, largely on the basis of his promise to find a way to "peace with honor" in Vietnam. Four years later, after the deaths of thousands more American servicemen, South Vietnamese soldiers, North Vietnamese soldiers, and Viet Cong fighters, the Paris Peace Accords were signed, and America's participation in the struggle in Vietnam came to a close. Most Americans were relieved simply to be out of the Vietnam quagmire. At home, the war seriously fractured the consensus about the Cold War that had been established in the period after World War II--simple appeals to fighting the red threat of communism would no longer be sufficient to move the American nation to commit its prestige, manpower, and money to foreign conflicts. For Vietnam, the accords meant little. The cease-fire almost immediately collapsed, with recriminations and accusations flying from both sides. In 1975, the North Vietnamese launched a massive military offensive, crushed the South Vietnamese forces, and reunified Vietnam under communist rule. Contrary to popular belief, both the Korean War and Viet Nam War were bad for the economy, resulting in areas of high unemployment, high inflation, and a larger disparity in income between the wealthy and not wealthy. Richard Nixon inherited this from Lyndon Johnson who in turn took over from John F. Kennedy who inherited it from Dwight Eisenhower. Whether President Kennedy would have listened to the public, or not have been fooled by the military as history has shown Johnson was fooled, is debated by historians. It cost Johnson the election, and he shortly thereafter died a broken man ). Ironically, within weeks of the departure of American troops the war between North and South Vietnam resumed. For the Vietnamese that remained and did not flee to the United States, the war didn't end until April 30, 1975, when Saigon fell to Communist forces. Today we not only trade
with the country, but have built American industrial plants in North Viet Nam.
1973-The UCLA Bruins led by center Bill Walton, beat Norte Dame, 82-63, to set an NCAA record with their 61st consecutive victory. The Bruins broke the record set by the University of San Francisco in 1956 when Bill Russell played center for the Dons.
1976-“Laverne and Shirley” premiere on TV. This ABC sitcom was a spin-off of the popular TV show “Happy Days” that was also set during the 50's in Milwaukee, WI. Penny Marshall ( sister of series co-creator, Garry Marshall) starred as Laverne DeFazio with Cindy Williams as Shirley Feeney. The two friends worked at a brewery and shared a basement apartment. Also featured in the cast were Phil Foster as Laverne's father, Frank DeFazio; David L. Lander as co-worker Andrew ‘Squiggy” Sguiggman; Michael McKean as co-worker Lenny Kosnowski; Betty Garrett as landlady Edna Babis and Eddie Mekka as Carmine Ragusa, Shirley's sometime boyfriend.
Le Freak - Chic
Y.M.C.A. - Village People
Da Ya Think I'm Sexy? - Rod Stewart
Why Have You Left the One You Left Me For - Crystal Gayle
1979- Rod Stewart's album "Blondes Have More Fun" became number one on the Billboard chart. Sales of the album were spurred by the single "Do Ya Think I'm Sexy?" and the success represented a comeback for Stewart.
1984-Center Wayne Gretzky of the Edmonton Oilers scored a goal against the New Jersey Devils to extend his streak of scoring either a goal or an assist to 51 games, an NHL record. The Great One was stopped by the Los Angeles Kings, a team he later played for, the next night.
At This Moment - Billy Vera & The Beaters
Open Your Heart - Madonna
Control - Janet Jackson
Cry Myself to Sleep - The Judds
1989- Michael Jackson gave what was billed as his last concert performance in Los Angeles. The show marked the end of Jackson's "Bad" world tour, which had begun 16 months earlier in Japan. In the audience at the LA concert were such stars as Elizabeth Taylor, Jane Fonda, Phil Collins, Tiffany and members of Motley Crue. The "Bad" tour included 123 concerts in 15 countries, with a total attendance of 4.4-million and a box office gross of over 125-million dollars, both record figures. Jackson's "Bad" LP sold more than 20-million copies worldwide.
1989 - The last half of January was bitterly cold over most of Alaska. Nearly thirty stations established all-time record low temperatures. On this date Tanana reported a low of -76 degrees. Daily highs of -66 degrees were reported at Chandalar Lake on the 22nd, and at Ambler on the 26th.
1990 - Another in a series of cold fronts brought high winds to the northwestern U.S., and more heavy snow to some of the higher elevations. The series of vigorous cold fronts crossing the area between the 23rd and the 27th of the month produced up to 60 inches of snow in the Cascade Mountains of Washington State.
1991-The New York Giants defeated the Buffalo Bills 20-19, to win Super Bowl XXV. Buffalo kicker Scott Norwood saw his 47-year field goal attempt sail wide right with eight seconds to play. It is perhaps one of the most remembered losses in NFL history.
1991- Whitney Houston performed "The Star-Spangled Banner" at the Super Bowl game - sort of. What the crowd heard was a pre-recorded version while Houston and an orchestra performed on the field. A blend of Houston's live vocals and the pre-recorded version, released as a single, became a hit because of patriotism sparked by the Persian Gulf War.
1992, country singer Wynonna Judd made her debut as a solo artist on the American Music Awards show on ABC TV. The Judds, the award-winning duo of Wynonna and her mother Naomi, broke up in 1991 because of Naomi's ill health.
1993-Warner Brothers announced it was releasing Ice-T from his recording contract. The company cited "creative differences" for the decision, which followed the previous year's controversy over Ice-T's "Cop Killer." Police and others said the track advocated the killing of police. Several of Ice-T's concerts had to be cancelled when off-duty police refused to provide security for the shows. Ironically he went from a regular detective on “Homicide,” Baltimore, MD., to a key detective on “Law and Order, Criminal Intent”, New York City.
1993- Fans at a Clovis, New Mexico club, expecting to see a group called Yukon Jack, got a shock when Garth Brooks and his band walked on stage. The surprise performance was arranged by Brooks' booking agent - a longtime friend of the club's owner.
1994 - a frigid arctic air was in place over New England and New York as a massive 1052 millibar high pressure provided ideal radiational cooling. Crown Point, NY dipped to 48 degrees below zero and Shoreham, VT shivered with 46 degrees below zero. Burlington, VT broke its old record daily low by 9 degrees with a reading of 29 degrees below zero and Caribou, ME set a record low for the third day in a row with a temperature of 23 degrees below zero
1997-National Semiconductor agreed to sell its Fairchild Semiconductor business to the unit's management. The separation of the two companies would allow National Semi to focus on expensive custom chips instead of high-volume, low-cost chips, which Fairchild specialized in.
1997- Ottawa native Alanis Morissette's "Jagged Little Pill" was named favorite album at the American Music Awards in Los Angeles. Presenter Paula Abdul accepted the award for Morissette, who was on vacation in India. Morissette was also picked as favorite female artist. Timmins, Ontario, native Shania Twain captured the trophy for best female country artist.
1998 - The Spice Girls' "Girl Power: Live in Istanbul" video was released by Virgin Music Video, and was later certified platinum.
2005 - Month-to-date snowfall at Boston Logan International Airport totaled 43.1 inches, making January the snowiest month on record.
Super Bowl Champions This Date
1991 New York Giants
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