Monday, July 9, 2012
Bulletin Board Complaint
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Bulletin Board Complaint
The complaint concerns Dallin Hawkins, Managing Director of Sales & Operations, Integrity Financial Groups, as well as his representations on Linkedin.com. A proposal was signed on May 14, 2012 by Andy Siu, president, Grand Enterprise, Inc., Gardena, California, for $553,750 for a Harris Centurion-EHD-T100 Two Ram Baler for 60 months with a 2.185 lease factor with a "Fair Market Value" residual, extend for a year and then "fair market value," or "return the equipment."
This originally began with Bernard Whitley, BW Transportation Solutions, Inc. dba BW Capital Solutions in an email dated June 1, 2012:
"On 04/27/2012 I entered into a deal with Matthew Johnson of Compound Profit which I thought was a direct lender, they worked the deal asked for additional information a couple of times which was provided by the customer to me which I forwarded onto Compound Profit, a conference call was set up with myself, Mathew Johnson, another individual from Compound Profit and Dallin Hawkins, I didn’t catch on at the time that the other individual was Dallin till I received the term sheet, I called Matthew right away and said, ‘ I don’t think that this guy is a direct lender and I have a bad felling about having my customer send this guy $12,101.00’. Matthew assured me that he felt that Compound Profit only dealt with direct lenders, I told him to go to Dallin website and check out his web site for himself which he did. My gut feeling was to pass on this deal but I went ahead and had my customer wire the $12,101.00, after Dallin received the money it was Two weeks of him going underground stating that his credit department was doing their due diligence and needed Five to Seven business days, so finally on 05/31/2012 we received a term sheet from Tetra and the terms had changed completely, it went from a 60 month lease to a 36 month lease, the customer was putting a total of $100,000,00 down, the Tetra proposal called for the 100k as well as a 25% security deposit, which would have meant the customer would have to come up with $248,000.00 total, I told Matthew the deal was off to have Dallin refund the customer their $12,101.00, I was told that Dallin was keeping the money for service rendered, I have placed several to Dallin over the past couple of days he has not responded to any of my calls as of yet."
What was produced was a Tetra Financial Group (or affiliate) 36 month contract with 25% security deposit with a FMV and pay down of the security deposit during the term of the lease (no interest on the deposit).
The complaint was outlined by Jun (Andy) Sui:
“Good morning my name is Jun (Andy) Sui, on May 4th I met with Bill Robinson from H West Equipment Company as well as Bernard Whitley President of BW Capital Solutions in Las Vegas during the Waste Expo, I talked to Bernard about financing the recycling equipment that I was purchasing from H West for $653,000.00 putting $100,000.00 Bernard informed me that he had a source that he was working with that had experience working startup business’s a company called Compound Profit, I supplied Bernard with all the financial documents that he requested to get me the loan for $553,000.00 that he requested.
“On May 14th we had a conference call with several gentlemen concerning my loan, on the call was Bernard Whitley-BW Capital Solutions, Matthew Johnson-Compound Profit, Dallin Hawkins-Integrity Financial Group, and Robert Jacobs President of Compound Profit, we discussed the terms of the lease that we thought would work best for me, we agreed to a operating lease at 60 months and payments of $12,101.00 I was told that we would have a term sheet later that day and that we needed to send in the first months payments, we were sent the term sheet late that Monday night, we looked over the term sheet and discussed it with both Bernard as well as Bill Robinson, after several discussions we signed the term sheet on Thursday May 17th and faxed to Bernard. Bernard called us and informed us that we still needed to wire in the first payment and he sent as the wiring instructions, we told Bernard that we would wire the money on Monday May 21st which we did.
“After the money was wired to Integrity Financial Group we waited for the documents to be forwarded we made several calls a day to Bernard and we assumed that he was making calls on his end to try and update us, after several days Bernard updated us and said that Integrity Financial Group needed between Five and Seven days to do their due diligence, finally on May 31st we got a new term sheet from a totally different lender called Tetra and not Integrity Financial Group, with different terms then we agreed to during our conference call, the terms weren’t we agreed to so we told Bernard that we weren’t upset with him but we wanted our money back, we asked that he get us our $12,101.00, the next day June 1st he informed me that I might not get my money, Integrity Financial Group was keeping the money unless I went through them, and if I wanted to contract with Tetra I needed to get my $50,000.00 back from the vender H West and send it to Dallin at Integrity Financial Group to move forward, both Bernard and I agreed this wasn’t going to happen, Bernard told us that he was trying to get us at least $10,101.00 back and that he would personally write us a check for the $2000.00 so that we didn’t lose any money.”
Jun (Andy) Sui
Thus began emails and telephone discussions with Dallin Hawkins, who said he was still trying to put the deal together. This went on from June 4th, and as the time went by, the returning of telephone calls and emails ceased from Dallin Hawkins, and Leasing News asked the person who made the complaint did he want Hawkins to continue working on the proposal;
July 2nd, from Mr. Sui:
"When we last talked to Dallin on June 7th he promised that he would return our money if he couldn’t meet our original terms that we discussed back in early May he wanted one more opportunity to go back to his lender, I have sent a lot of e-mails to Dallin with no response, I don’t know what else to do we just want our money back from Dallin as he promised, thanks Bernard we know that you are doing all that you can."
Mr. Andy Sui
Bernard Whitley responded:
“I told Grand Enterprises that if they didn’t receive their money by the end of June that I will refund it to them out of my own pocket when I get home next week from vacation since it was me that lead them towards Dallin and didn’t catch the verbiage on his term sheet and make him spell out what his intentions were and when he planned on refunding Grand Enterprises their money if things didn’t work out, we were all under the impression that Dallin was a direct lender, if you look at some of his past LinkedIn posts he states that he is a direct lender, like I said when we first got started I learned a valuable lesson dealing with Dallin looks like it’s a lesson that will cost me and my company $12,101.00.”
No telephone or emails or Linkedin.com messages have been returned by Dallin Hawkins to Leasing News since June 12, 2012.
The web site (http://integrityfinancialgroups.com ---"Where Integrity Comes First!") states the company is a member of the Equipment Leasing and Finance Association, but Leasing News could not find a listing on line to confirm this.
The Linkedin.com website does not list the company
as a member of ELFA. It states the company started January, 2011; previously Hawkins was an account executive at Mazuma Capital Corp (June, 2010-December, 2010), senior account executive, Culver Capital Group (2008-2010), senior account executive, Envision Capital Group (September, 2007-August, 2008),senior account executive, Nationwide Funding, LLC (2002-September, 2007). Mr. Hawkins is very active in many LinkedIn groups seeking business from brokers and others.
BBB rates the company A-
Integrity Financial Groups Proposal:
Tetra Financial Group Proposal:
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(Reprinted from the NAELB Forum Listserve with permission)
“I had Colonoscopy 2 Fridays ago June 22nd and was waiting for results with appointment scheduled with General practitioner on Friday last week. Previously passed specialist prostate exam June 14th. I had been struggling with this recurring illness more and more frequent since January with same symptoms similar to severe flu I was having in Denver. (Severe Abdominal gas-like pain and nausea followed by diarrhea and much less frequent symptom but vomiting). Tried changing everything within my diet, thought perhaps was stress related ulcer, eliminated gluten from diet. Each change would feel better or milder symptoms for awhile until another episode or two would eliminate that as a conclusion.
“The frequency of the symptoms had increased to twice in same week and so was very ill last Thursday June 28th. I went to Dr’s office first thing in morning and vomited while there during exam, and was checked into the hospital. The colonoscopy was negative for polyps but really is a scope internal to the organ. They did CT scan and found growth (tumor) that bowel had wrapped itself around causing obstruction (tumor was external of the bowel) Operated Friday June 29th and removed the small bowel and portion of larger bowel including the appendix and lymph nodes. The surgeon is general surgeon so I’ve yet to see an oncology specialist. The test results from the removed tumor are due back tomorrow, but surgeon’s opinion (based upon previous experiences) is that likely to have been cancerous. The surgery removed all existing tumor and the lymph nodes that surround the removed organ, but cancer can travel through the system and regenerate elsewhere especially if previously entered thru the lymph nodes. The following procedures for treatment of which we are all familiar then come under the care of oncologist which I have yet to meet or decide upon.
“I meet with the surgeon on Monday July 9th, 2pm, to get the results from the tests and to discuss next steps. If tests are returned negative, won’t need to meet oncologist. Please Pray for that. Thank you for your concern and prayers to this point. It’s working!”
((Kit, to respond to your request for permission to use my story as incentive for colonoscopy I guess if it motivates someone in your circulation to have it done I guess so. Certainly doesn’t hurt. (literally and figuratively))
Hopefully if you have not had a colonoscopy, or one recently, this may serve as a reminder. We all pray that Patrick has good news this afternoon.
$17 Million Fraud Closes the 6th Bank this year in Georgia
The three offices of Montgomery Bank & Trust, Ailey, Georgia, were closed with Ameris Bank, Moultrie, Georgia, to assume all of the deposits. Ameris Bank has now acquired at least 9 failed banks since fall 2009 (8 in Georgia, 1 in Florida). Montgomery Bank & Trust Established March 1, 1926, the bank had 45 full time employees as of March 31, 2012 at their two offices in Vidalia and one in Ailey. December 31, 2008, they had 89 full time employees.
The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $75.2 million.
What happens seems to be a major embezzlement with the U.S. Attorney's office charging Montgomery Bank director and on-time metro Atlanta investment adviser Aubrey Lee Price with wire fraud of $17 million from the bank. After telling upper management that he was investing in U.S. Treasury securities, he wired bank funds to accounts he controlled and prepared falsified statements to cover his tracks, the federal complaint said. He is also charged with allegedly defrauding more than 100 clients in Georgia and Florida.
According to ajc.com, "The FBI is searching for Price, who disappeared last month. A letter bearing his name was sent to friends and colleagues about the same time and said he had lost millions of dollars in client funds and suggested he intended to commit suicide.”
Investigators say Price, 46, was last seen boarding a ferry in Key West, Florida. bound for Fort Myers, Fla. He had "previously stated that he owns real estate in Venezuela" and "may own a boat that would be large enough to travel to Venezuela from Florida," the complaint says.
The AJC.com reports, “Montgomery Bank was founded in 1926, and remained a slow-growing, but stable player in Montgomery and Toombs counties for much of its history. But a decision in the mid-2000s to expand to St. Simons Island proved disastrous. The bank lost nearly $37 million from the beginning of 2009 until March 2012, according to an AJC analysis of federal bank data.”
On October 6, 2009, the Bank was issued a Cease and Desist Order from the FDIC for “unsafe or unsound banking practices and violations of law and/or regulations alleged to have been committed by the Bank.”
In 2010 Montgomery County Bankshares, Inc. raised approximately $14.1 million through the combination of a sale of common stock to PFGBI, LLC, a newly-created bank holding company comprised of individual investors, lead by Price, and a private placement to his clients and other investors in the Montgomery County area. The investment group Price controlled invested $10 million into ailing Montgomery Bank. Locals in the community of 450 people pitched in an additional $4 million.
As a result of the transaction, PFGBI acquired a controlling interest in Montgomery County Bankshares, Inc.
Federal authorities said Price, as a director for the bank, took control of investing the bank's capital. Price allegedly wired funds to accounts he controlled at other banks, and provided false financial statements to bank management.
Trae Dorough was brought in as president. He previously was executive vice-president and senior lender at First Coweta Bank in 2008, which the FDIC closed August 21, 2009. January 28, 2011 the bank announced three new hires to help turn things around. http://leasingnews.org/PDF/MontgomeryBankNewHires.pdf
Little did the board of directors of bank officers control the activities of bank director Price. In less than a year, from 2011 to 2010 the bank equity dropped from $16.6 million to $3.8 million with a $14.1 million loss.
As of March 31, 2012, the bank has a Tier 1 Risk factor of 2.98%.
(in millions, unless otherwise)
Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans.
As of March 31, 2012, Montgomery Bank & Trust had approximately $173.6 million in total assets and $164.4 million in total deposits. In addition to assuming all of the deposits of the failed bank, Ameris Bank agreed to purchase approximately $12.4 million in assets, comprised mainly of cash and cash equivalents. The FDIC will retain the remaining assets for later disposition
This is the sixth bank to fail in Georgia this year. Bill Dawers of peachpundit.com notes:
List of Bank Failures:
(Note: Emily Fitzpatrick welcomes your questions, and will keep it confidential, meaning not mentioning your name. Editor)
Every bank we have worked with requires this before any formal offer is given and about 90% of our independent Clients require this as well. The potential employer must have your written authorization to conduct this background check; often they will send or email forms for your review and signature. In addition they will conduct reference checks and drug screening. Do yourself a favor and be proactive before ever starting your career search … see below.
In most hiring processes, you must fill out a formal application for employment; questions will arise on this application. You may indicate, would like to discuss or minor glitch, etc… do not go into TOO much detail. Make sure during your interview process you are upfront with credit history or any blips in your past … often, they can work around it. HOWEVER, if you “hide” anything that would show up in your check, they will dismiss the Candidate all together. This happened once to us, not because of the glitch in his past, but because he was not honest and upfront about it.
One thing I would strongly recommend is conducting your own background check on yourself (there are many services that charge a small fee) and of course check your credit scores (everyone should receive 1 FREE from each of the bureaus 1x per year). By doing this you will know what you are dealing with AND maybe can correct the situation. I would recommend doing these 6-12 months prior to any potential career search, so if there are issues you can take care of right away (e.g. expunging/sealing of minor infraction records, incorrect credit issues, etc…) Note: BANKS take credit scores very seriously as you are working in the financial world.
You might even try to hire an attorney / consultant in expediting the process, as they routinely do such investigations for cases they are involved in.
If your are concerned about this, you are doing yourself a favor by taking this extra step and paying nominal fees – it will help you in your current and future career endeavors.
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“Who is Your Lessee?”
Over the years as we revisit fraud cases and charge offs one of the leading problems is the lessors failure to determine if the lessee or the equipment is legit. Especially if the transaction is small and the lessee appears to be an individual or new operation. You should ask to see their business license, and if not one, then the board of equalization permit, or insurance certificate; and always in signing a lease, their driver’s license. Consumers try to represent a business enterprise to get better pricing and if you do not confirm the business you have a consumer lease with all the additional requirements of regulation Z.
If the transaction is for used equipment from private sales it needs to be inspected prior to payment. Remember that title transfer only happens if the equipment is free of liens. One fraud was committed by a lessee that had his friend act as a vendor and took some equipment that he had pledged to another lender and said he was buying it from his friend and claimed he wanted to lease it. The lessor did not check out the UCC filings to match the serial numbers with the requested purchase. When the lessee filled bankruptcy, the lessor lost his equipment to the other lender who had a prior claim.
Most lessors require at least two years of operations prior to leasing equipment. But that does not mean that some lessee’s may not get financing at higher rates to offset the risk. However, the review of the lessee’s qualifications needs to be much deeper and more complete. Checking addresses is important to determine how long the lessee has lived in the area. Short residence in the area is a real clue that something is not right. Check to see if the lessee has had other businesses or how long he has been in his profession.
Sometimes a fraud exist because a new lessee gives you a business name that is spelled slightly different than an existing business or has the same name but a different ending like “inc” instead of “corp.”. On occasion a company that has been purchased drops their name and someone comes along and uses it to obtain credit and runs off with the equipment. It is always smart to check with the State to determine if the business is registered and how they spell their name and the address they used. Then check this against your credit application.
I could go on for hours with the problems of fraud but the most important fact that comes from these issues is the failure of lessors to investigate “completely” the facts of the transaction regardless of its size. Please do not take other peoples work or investigation as gospel. Do your own investigation and look for things that do not look right; like does the equipment match the type of work the company does? Is the delivery location different that the address of the lessee? Check UCC filings against the equipment already in place to see if the business is really in business.
Credit is not the only thing necessary to qualify for a lease. If possible you should visit the business and just look around and take note of the amount of equipment there and how it stacks up against the UCC filings. If you send a salesperson to survey the business give them a list of questions and direction on what to look for. I always have been in favor of site inspections, especially if something doesn’t just seem right.
I know this seems like a lot of work but you can avoid it by increasing your lease loss reserve because fraud will get you in the end.
Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at firstname.lastname@example.org or 502-327-8666.
He invites your questions and queries.
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Top Stories--July 2--July 6
Here are the top ten sorties opened by readers
(1) Career Crossroad—-"Just Laid Off!
(2) Marlin Amends Wells Fargo Capital Line
(3) Former NFL Wide Receiver Sentenced For Lying to a
(4) New Hires---Promotions
(5) Lease Companies on the Stock Exchange
(6) Leasing 102 by Mr. Terry Winders, CLP
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Financial and Sales Training
These individuals act as a consultant in 75% or more of their main business, actually training staff or individuals of a leasing company. These are not schools or franchisors, which can be viewed
Several hold classes, and most will travel to their client's premise.
To qualify for this page, they must be an active member in an equipment leasing association.
Second Column: YCS - Year Company Started | YELB - Years in equipment Leasing Business
(A) Selling Up's Sales Management Operating System™ ( SMOS™) provides companies and business units of all sizes with a proven methodology and unique tools offering a comprehensive, flexible, scalable approach to managing all elements of the organizational sales process.
1. Intel chips
Chipmaker Intel currently produces more than 75 percent of its microprocessors in the U.S., despite international purchases accounting for 75 percent of sales. The company is currently working on a state-of-the-art semiconductor production plant in Arizona, which is slated to open in 2013. The new plant is expected to cost approximately $5 billion and will employ thousands of American workers.
Pyrex is one of the most widelyknown makers of kitchen containers and bakeware found in 80 percent of American households. Corning Inc. started producing Pyrex in the U.S. in 1915. About 2,500 people are employed in the United States for manufacturing and distributing.
Oreck, one of the nation’s top vacuum makers and a staple among late-night infomercials, was founded by David Oreck in 1963. Though the company began by supplying products to the hospitality industry, the popularity of its products with hotel workers inspired later expansion to the consumer market. The company’s marquee vacuum, the Oreck XL, is manufactured in Cookeville, Tennessee.
4. Post-it Notes
If you bought your Post-it note in the U.S., you can be sure it was made in the U.S. too.
The product, invented by 3M employee Art Fry and hitting the market in 1977, has been manufactured in Cynthiana, Ky., since 1985. The company also manufacturers Scotch tape at the plant. Post-it is important to the town, employing roughly 500 residents who work at the plant. The company is green, too. Post-its are manufactured using recycled home and office paper.
5. Weber grills
Weber grills have been made in the United States since 1952, when George Stephen built his kettle grill from a buoy at Weber Brothers Metal Works in Mount Prospect, Ill. All but one of latest models are still manufactured in Palatine, Illinois. Because the company uses globally-sourced components it has been exposed to a class-action lawsuit over its claims that it was “Made in America.” Still, as of 2011, 98 percent of Weber’s workforce was located in the U.S. According to many grill reviews and grilling enthusiasts, it is the most popular grill of all time.
6. KitchenAid Mixer
Appliance maker KitchenAid still makes many of its products in the U.S. — notably, its highly popular mixer is made at a plant in Greenville, Ohio. This is despite large appliance makers having moved manufacturing mostly outside of the U.S. and into emerging markets such as China, India and Latin America.
7. Harley-Davidson Motorcycles
Founded in 1903, Harley-Davidson is an iconic, cult-like American motorcycle company facing stiff foreign competition — think Yamaha and Honda. But the American company actually builds its motorcycles here in the United States. The company has four major factories in the U.S. — two in Wisconsin, one in Missouri and one in Pennsylvania. Many manufacturing executives point to the need to stay competitive when they move work overseas. But Harley-Davidson doesn’t seem to be suffering too much by making its products at home. Shares of the company are up 17 percent over the last year and the company holds about half the market share in the U.S.
Sub-Zero refrigerator Parent company: Sub-Zero, Inc. and Wolf, Inc.
Westye Bakke’s invented the world’s first free-standing freezer in the basement of his home in Madison, Wis., in 1943. Two years later, Bakke founded the Sub-Zero Freezer Company, which has maintained its prominence in the manufacturing of “premium built-in home” refrigerators for over 60 years. The company acquired Wolf, Inc., the world leader in professional cooking equipment, in 2000. Wolf now creates stoves and ovens for the “serious in-home cooks” in addition to appliances for restaurants and hotels. The company employs more than 1,000 Americans in plants in Madison, Wis., Phoenix, Ariz., and Richmond, Ky
9. Spanx Products
Sarah Blakely’s revolutionary line of slimming footless pantyhose and undergarments were invented in 2000 in Atlanta. Most of the products are made in the U.S., according to the Spanx website, but some may be manufactured abroad. The company has a line of about 200 products, employs 125 people and manufactures about 36,000 items everyday
10. Duraflame Fire Logs
In 1968, when California Cedar Products Company was producing pencils, it found it could recycle the sawdust created in the wood manufacturing process by mixing it with petroleum wax to make fire logs. By 1986, Duraflame, Inc. became independently owned and operated, employing 250 Americans in its Stockton corporate office as well as California and Kentucky manufacturing facilities. Duraflame’s revenue exceeded $100 million annually as of 2007, and the company has expanded its production to charcoal, lighters, and more environmentally conscious logs.
##### Press Release #############################
OCC -Risks Facing National Banks and Federal Savings Associations
WASHINGTON — Top risks facing national banks and federal savings associations include the lingering effects of a weak housing market, revenue challenges related to slow economic growth and market volatility, and the potential that banks may take excessive risks in an effort to improve profitability.
The Office of the Comptroller of the Currency discussed those risks in its new report, the Semiannual Risk Perspective for spring 2012, which was released today. Key points regarding these risks facing banks include:
According to the report, levels of capital and allowance for loan losses across the industry are more robust and of higher quality than prior to the recession. The higher levels and better quality of capital are noticeable across the industry, but most notable at the largest banks. However, the U.S. banking industry continues to recover from the recent recession and to adjust to significant shifts in its operating and regulatory environments. These shifts are inducing large changes in the risk and profitability profiles of all banks, but may affect community banks differently than large banks. Combined, these conditions present significant operational risk for banks of all sizes.
The report presents data in four main areas: the operating environment; the condition and performance of the national banking system; funding, liquidity, and interest rate risk; and regulatory actions. The report focuses on issues that pose threats to the safety and soundness of those financial institutions regulated by the OCC and is intended as a resource to the industry, examiners, and the general public. The report reflects data as of December 31, 2011. The OCC plans to release the report twice a year.
##### Press Release ############################
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