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Leasing News is a web site that posts information, news, and
entertainment for the commercial bank, finance and leasing industry


Tueday, July 2, 2013

Happy Fourth of July

Today's Equipment Leasing Headlines

       Integrity Financial Groups, Murray, Utah
        $50,000 Bulletin Board Complaint
  Dallin Hawkins Second Arrest within 25 days
   Well-Known Super Broker
    Classified Ads---Sales
ELFA Survey of Equipment Finance Activity
Reports Overall New Business Volume Grew 16.4% in 2012
  Marlin Business Services/Union Bank Launch New Financing Program
   Leasing 102 by Mr. Terry Winders, CLP
    Lease Classification
New Hires---Promotions
 “What is Legal and Illegal for an Employer to Ask?”
    Career Crossroad---By Emily Fitzpatrick/RII
     Classified Ads---Help Wanted
 Repossessing Vehicles: Three Cases
  ---Three Different Results
   By Tom McCurnin
    Why I Became a CLP
     Donna Wesemann, Vice-President
      Susquehanna Commercial Finance, Inc.
       Leasing News Advisor
        Dale Davis
         10 Top Stories June 18-June 20
          (You May Have Missed)
       Mr. Smith Goes to Washington/Yankee Doodle Dandy
        1776/Independence Day/The Patriot
         4th of July Movies by Leasing News' Fernando Croce
          Classified ads—
            Border Collie
             Murray, Utah Adopt-a-Dog
              Happy Fourth of July from the Editor
News Briefs---
World’s car market soared 3% in May 2013
 Fitch: U.S. high yield market has expanded 15% to $1.2 trillion
  Financial Accounting Foundation Launches New Website
   QRS: 2013 Best Franchise Deals

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)

  You May have Missed---
   SparkPeople--Live Healthier and Longer
    Sports Briefs---
      California Nuts Brief---
       "Gimme that Wine"    
          This Day in American History
           Daily Puzzle
               Weather, USA or specific area
                 Traffic Live----

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer.

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Integrity Financial Groups, Murray, Utah
$50,000 Bulletin Board Complaint

Dallin Hawkins
Managing Director of Sales & Operations
Integrity Financial Groups, Murray, Utah

April 18, 2013 Integrity Financial Groups, Murray, signed $1.9 million lease requiring a $50,000 wire transfer with San Tan Construction Group, Winnipeg, Manitoba, Canada. Since that date, Colin Durward was unable to obtain the lease as well as obtain his $50,000 returned. (1)

Leasing News has been attempting to reach Integrity Financial Group's Dallin Hawkins regarding the matter, although it should be noted he has not responded to past complaints posted in Leasing News.

  1. Signed IFG Proposal - San Tan Construction Group, Inc.

Previous Bulletin Board Complaints:

Integrity Financial Groups, Murray, Utah
Bulletin Board Complaint

Integrity Financial Groups, Murray, Utah
Bulletin Board Complaint

Integrity Financial Groups, Murray, Utah
Bulletin Board Complaint

Integrity Financial Groups, Murray, Utah
Bulletin Board Complaint



Dallin Hawkins Second Arrest within 25 days
Well-known Super Broker

Dallin Hawkins
Managing Director of Sales & Operations
Integrity Financial Groups, Murray, Utah

Dallin Hawkins, Integrity Financial Group, was arrested for his third time in Utah, according to the Salt Lake County Sheriff's Office (1)

June 28 Charges:
Failure to stop at command of a police officer
DUI Driving under the Influence of Alcohol/Drugs
Traffic Control Signal Violations
Bribery or offering a bribe
Failure to Signal/Turns/Stop/Lane Change
Alcohol restricted driver
Driving Alcohol while Suspended, Revoked or Denied
Failure to Signal Lane Change / Improper Lane Travel

He was arrested on similar charges June 3, 2013 (2)
Prescription utter forge or alter
Drug paraphernalia MIS B personal use
DUI-Ignition interlock device violation
Reckless endangerment
Expired Registration
Driving on Suspended Driver’s License
Bribery or offering a bribe
Alcohol restricted driver
Driving on Denied License
Failure to Signal Lane Change / Improper Lane Travel
Failure to Signal/Turns/Stop/Lane Change
Failure to stop at command of a police officer
Traffic Control Signal-At Intersections-Color of Light Sign
DUI Driving under the Influence of Alcohol/Drugs
Failure to Appear

and February 9, 2012 (3)
Fleeing-Causing Prop Damage/Body Inj Susp DL/Forfeit of Veh 41.6A.515 DUI M B
02/09/2012 41.6A.530 Alcohol restricted driver M B
02/09/2012 12.24.120 Driving on Denied/Susp/Revoked Lic(Alcohol related)
02/09/2012 41.6.61 Failure to Signal Lane Change / Improper Lane Travel

He has several in Orange County, California, including two warrants in Utah(4)
1    UT Utah County Warrant
2    UT Utah County Warrant
3    CA Orange Superior Court Criminal/traffic
4    CA Orange Superior Court Criminal/traffic
5    CA Orange Superior Court Criminal/traffic
6    CA Orange Superior Court Criminal/traffic
7    CA Orange Superior Court Criminal/traffic
8    CA Orange Superior Court Criminal/traffic
9    CA Orange Superior Court Criminal/traffic
10  CA Orange Superior Court Criminal/traffic
11  CA Orange Superior Court Criminal/traffic
12  CA Orange Arrest
13  CA Orange Superior Court Criminal/traffic
14  CA Orange Superior Court Criminal/traffic
15  CA Orange Superior Court Criminal/traffic
16  CA Orange Superior Court Criminal/traffic

He has been very active on seeking broker and other referral business, gaining several Leasing News Bulletin Board Complaints (5)

  1. June 28, 2013 arrest
  2. Arrested June 3, 2013
  3. Arrested February 9, 2012
  4. Orange County, California

  5. Integrity Financial Groups, Murray, Utah
    Bulletin Board Complaint
    Integrity Financial Groups, Murray, Utah
    Bulletin Board Complaint
    Integrity Financial Groups, Murray, Utah
    Bulletin Board Complaint
    Integrity Financial Groups, Murray, Utah
    Bulletin Board Complaint





Classified Ads---Sales

(These ads are “free” to those seeking employment
or looking to improve their position)

Montgomery, AL
Individual with 10 years advertising sales exp. & 7 years insurance sales exp. Wants independent contractor situation in Alabama.
Work with leasing company or broker. 334-590-5133

Free Posting for those seeking employment in Leasing:

All “free” categories “job wanted” ads:



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

ELFA Survey of Equipment Finance Activity
Reports Overall New Business Volume Grew 16.4% in 2012

Washington, D.C. — New business volume grew 16.4% in the equipment finance industry in 2012, according to the 2013 Survey of Equipment Finance Activity (SEFA) released today by the Equipment Leasing and Finance Association. The growth in volume was on par with the 16.5% increase reported for 2011, and well above the 3.9% increase reported for 2010 and the 30.3% decline in 2009. The SEFA, which is based on responses from 112 ELFA member companies, covers key statistical, financial and operations information for the $725 billion equipment finance industry.

ELFA also released a new companion report to the 2013 SEFA called the 2013 Small-Ticket Survey of Equipment Finance Activity. The new report, which focuses on small-ticket and micro-ticket equipment transactions among the SEFA respondents, found that new business volume in the small-ticket space grew by a moderate 3.8% in 2012.

William G. Sutton, CAE
ELFA President and CEO

“We are pleased to present the 2013 SEFA and the new 2013 Small-Ticket SEFA as the authoritative sources for industry information, and to serve as comprehensive performance metrics for equipment leasing and finance companies,” said William G. Sutton, CAE, ELFA President and CEO. “These studies show that the equipment finance industry is growing steadily, reflecting an improving U.S. economy.”

Survey highlights:
Key findings for 2012 as reported in the 2013 SEFA include:

Overall new business volume grew 16.4%.

  • By market segment: All market segments showed growth in volume, except for the smallest segment. New business volume fell 4.7% for the micro-ticket segment but grew 13.1% for the small-ticket segment, 15.8% for the middle-ticket segment and 31.1% for the large-ticket segment.

  • By organization type: Banks saw the strongest increase in new business volume (22.2%), while captives saw their volume grow by 10.8% and independent equipment finance organizations saw a 7.4% increase.
      • From an asset perspective, the equipment types that saw the largest year-over-year increases in new business volume included transportation (34.4%); mining, oil and gas extraction (31.4%); and industrial/manufacturing (22.3).
      • Delinquencies remained steady between 2011 and 2012. Full-year losses or charge-offs also fell well below 1.0% overall.
      • Employment levels remained stable, though headcount by function reflected a decline in collections and services, juxtaposed with an increase in sales and marketing, credit approvals and booking.
      • Given the current financial markets, cost of funds continued to decline. Competitive pressure drove pre-tax spreads lower in 2012 to just above 3%, on par with the lowest levels in five years.
      • Credit approvals increased, and the percentage of approved applications that were booked and funded remained steal
      • Net income remained steady between 2011 and 2012 in dollar terms. Return on average equity also remained healthy at 14.45%.

About the 2013 SEFA

The SEFA is the broadest compendium of industry data, comprising a representative cross-section of equipment lease and loan origination by product, structure and origination. It provides a baseline and benchmark for companies operating in the equipment finance space through a voluntary survey of ELFA member companies.

PricewaterhouseCoopers LLP administered the 2013 SEFA. The results were compiled from surveys sent to 325 eligible ELFA member companies in the first quarter of 2013. A total of 112 companies submitted 2012 U.S. domestic lease and loan data. The respondents include nine ELFA members in the 2012 Monitor Top 10 list of the largest U.S. equipment finance organizations and 36 ELFA members in the 2012 Monitor Top 50.

The data are presented by organization type (bank, captive, independent); market segment (micro-ticket, small-ticket, middle-ticket, large-ticket); organization size (under $50 million, $50-$250 million, $250 million-$1 billion, over $1 billion); and origination business model (direct, captive, vendor, third-party, mixed). For most categories, data is reported for the past two fiscal years, 2012 and 2011.

Equipment types financed, as explored in the survey, include agriculture, aircraft, construction, computers, office machines, telecommunications, rolling stock, printing, medical, industrial, trucks and trailers and other equipment types. Types of financing offered by the equipment finance companies include tax-oriented finance leasing, short-term operating leases, leveraged leases, conditional sales agreements, off-balance sheet loans and tax-exempt leasing.

About the 2013 Small-Ticket SEFA

The Small-Ticket SEFA is a new companion report to the SEFA that focuses on respondents’ small-ticket portfolios, including both micro-ticket (up to $25,000) and small-ticket ($25,000 to $250,000) transactions. Respondents were asked a separate set of questions pertaining only to their small-ticket operations, and the data is compiled in the companion report.

How to Access the SEFA

Participation in the SEFA is a benefit of membership in ELFA. Member-respondents receive a complimentary copy of the Survey Report, as well as confidential Individual Company Data Sheets, which show the individual company’s statistics ranked against a peer group. Non-respondents may purchase the 2013 SEFA and the 2013 Small-Ticket SEFA from

About ELFA

The Equipment Leasing and Finance Association (ELFA) is the trade association that represents companies in the $725 billion equipment finance sector, which includes financial services companies and manufacturers engaged in financing capital goods. ELFA members are the driving force behind the growth in the commercial equipment finance market and contribute to capital formation in the U.S. and abroad. Its more than 575 members include independent and captive leasing and finance companies, banks, financial services corporations, broker/packagers and investment banks, as well as manufacturers and service providers. ELFA has been equipping business for success for more than 50 years. For more information, please visit and follow ELFA on Twitter @elfaonline.

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




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

Marlin Business Services/Union Bank Launch New Financing Program

New Alliance Will Provide Union Bank Customers Comprehensive Equipment Finance Service, Expertise

(Marlin appears both on and

MOUNT LAUREL, N.J., -- Marlin Business Services Corp. (Nasdaq:MRLN) and Union Bank, N.A., have formed a strategic alliance to provide financing solutions for Union Bank's customers throughout the United States.

The new alliance helps Union Bank offer enhanced service to its business customers looking to finance their investment in equipment. Marlin's breadth of experience across a full range of equipment categories will benefit Union Bank's large customer base, providing them with a cost-effective option to acquire equipment and technology.

Dan Dyer, Co-founder
CEO, President
Marlin Business Services

"We are excited that Marlin's Bank Outsourcing Team is working with Union Bank to enable them to offer their customers flexible financing plans, competitive terms and the highest quality customer service," said Dan Dyer, Marlin's Chief Executive Officer. "Our strategic alliance will provide Union Bank customers with direct access to our turnkey equipment financing solutions."

Todd Hollander
Exec. VP, Business Banking
Union Bank

"We look forward to a successful relationship with Marlin Business Services Corp.," said Union Bank Executive Vice President Todd Hollander, head of Business Banking. "Partnering with Marlin gives our customers greater access to exceptional equipment finance expertise with a streamlined structure on both ends as our customers will initiate the process through their existing Commercial Banking relationship."

About Marlin Business Services Corp.

Marlin Business Services Corp. is a nationwide provider of innovative equipment financing solutions for small and mid-size businesses. Since its inception in 1997, Marlin has financed a wide array of commercial equipment and software for a quarter of a million business customers. Marlin's mission is to offer convenient and cost-effective financing products while providing the highest level of customer service. Marlin is publicly traded (Nasdaq:MRLN) and owns and operates a federally regulated commercial bank, Marlin Business Bank. For more information, visit or call toll free at (888) 479-9111.

About UnionBanCal Corporation & Union Bank, N.A.
Headquartered in San Francisco, UnionBanCal Corporation is a financial holding company with assets of $97 billion at March 31, 2013. Its primary subsidiary, Union Bank, N.A., is a full-service commercial bank providing an array of financial services to individuals, small businesses, middle-market companies, and major corporations. The bank operated 443 branches in California, Washington, Oregon, Texas, Illinois, and New York as well as two international offices, on March 31, 2013. UnionBanCal Corporation is a wholly-owned subsidiary of The Bank of Tokyo-Mitsubishi UFJ, Ltd., which is a subsidiary of Mitsubishi UFJ Financial Group, Inc. Union Bank is a proud member of the Mitsubishi UFJ Financial Group (MUFG, NYSE:MTU), one of the world's largest financial organizations. Visit for more information.

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


Leasing Industry Help Wanted

Leasing Coordinator
West Los Angeles, California

Grow with us: coordinate credit, documents, funding,
and all processing--- helping small to medium size
businesses survive as well as improve their profit.
Dakota Financial is a small family style run company.
Speak directly to the person in charge:
Michael Green (310) 6969 3030 x 124
We fund traditional leases as well as sale-leasebacks,
private party sales, start-ups, and owner/operators
from $10,000 up to $250,000.

Positions Available in Irvine and San Diego
Funding Coordinators and Credit Analysts

1 year experience preferred, salary/benefits
Funding Coordinator description: click here
Credit Analyst description: click here
Commercial Finance & Leasing Bank of Cardiff, Inc, a
finance lender licensed pursuant to the California Finance
Lenders Law, license #603G469

Small Ticket Leasing Sales Reps

No Book/Relationships Required
No Need for Relocation
Chicagoland/Northeast/Southern Cal
"Committed to our Clients to
Produce Timely and Effective Results"

For information on placing a help wanted ad, please click here:

Please see our Job Wanted section for possible new employees.



Leasing 102
by Mr. Terry Winders, CLP

Lease Classification

The new accounting rules are going to create a large problem for a number of reasons. The capital lease approach that makes leases look like loans on the balance sheet is going to cause many new lenders to think they can account for leases on a loan software program. We currently have that problem today because many lenders that avoid residuals book leases on their loan software.

A true lease that qualifies for tax treatment means the requirement for the lessor to take the lease payment as income off set by the allowed depreciation is in jeopardy because there is little information maintained to inform the tax accountant that this was not a non-tax lease. In addition, when a request for an early payoff occurs, the difference between book payoff and tax reconciliation can cause a difference that results in not computing a correct payoff.

If you look at the difference between a lease intended as a security (a sales finance lease), a true tax lease, a municipal lease, and a TRAC lease knowing that they all will be booked as capital leases, how does the tax accountant know how to prepare the tax return? To begin with the reported yearly income for each type of lease will be different.

Income from capital leases is the interest received, and it can be recorded as tax income on sales finance leases. In addition if it is a sales finance lease the lessee is allowed the MARCS depreciation. Tax income for the lessor is the interest.

In tax motivated leases and TRAC leases that will be booked as capital leases, the lessee should record the lease payment as lease expense for income tax instead of the interest and depreciation. Therefore the lessor uses the full payment as income for income tax and is allowed the MACRS depreciation. The question is where does the lessee record these leases so the balance can be reconciled if an early payoff? MACRS depreciation is different that book depreciation making the unpaid balances different.

The trouble is MACRS depreciation is accelerated for income tax and booked depreciation is straight lined so when an early payoff is requested they must be reconciled .The lessor is “selling” the leased equipment to the lessee not just receiving the balance. The “un-depreciated balance” for the lessors MACRS is usually lower than the lessors book balance requiring an income tax recovery equal to the difference between the tax balance and the book payoff

An additional problem develops when the lessor increases the payoff to cover the additional tax to reconcile the two balances; however, this increases the sale price which in addition increases the tax.

I have visited many bank who have only accepted the book balance as a payoff and finds a major tax problem that causes a loss of a lot of tax dollars.

Currently there is not a lot of tax leases being booked because we have focused on the accounting rules--- but now that operating leases are in there twilight months tax leases and the advantages offered by residuals and increased tax write offs will once again become the focus and the volume will increase. TRAC leases remain popular.

The differences between the different type of leases will require methods to separate them in the bookkeeping process to make tax preparation easier and correct.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty-five years and can be reached at or 502-649-0448

He invites your questions and queries.

Previous #102 Columns:


Mr. Terry Winders available as Expert Witness. 35 years as a professional instructor to the top equipment leasing and finance companies in the United States, author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale.

Mr. Winders received his Master of Business Administration and his Bachelor of Science degrees from the College of Notre Dame.


(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)




New Hires---Promotions

Michael T. Brooks was appointed by GATX Corporation, Illinois as "senior vice president, operations and technology. Mr. Brooks will assume responsibility for Rail North America’s maintenance operations in addition to his current role leading the information technology department." He joined the company January, 2008 and remains SVP & Chief Information Officer. Prior he was VP & chief information officer, constellation NewErgy (October, 2003-January, 2008), sr. manager, Accenture (July, 2000-October, 2003), senior principal consultant, Oracle (July, 1999-July, 2000), manager, Andersen Consulting (February, 1998-June, 1999), sr. manager, the Barrington Consulting Group (January, 1993-January, 1998). Executive Committee Member Ravinia Associates Board (2008-Present), University of Georgia Computer Science Advisory Board (2012 – Present). German language. American University- Kogod School of Business, MBA, Accounting, The University of Georgia ,BA, Economics

Thomas A. Ellman was appointed by GATX Corporation, Chicago, Illinois as "executive vice president and president, Rail North America. In this role, Mr. Ellman will continue to oversee the commercial activities of GATX’s North American Rail business and will assume responsibility for its operational activities." He remains vice president & commercial officer, GATX Corporation, joining the company October, 1993. Prior he was senior vice president, asset management, GE Railcare Services (December,2003-October, 2006). Northwestern University - Kellogg School of Management MBA, Finance, Marketing (1994 – 1997).

Lily Shen was named Chief Financial Officer of CIT Vendor Finance Asia, based in Shanghai. "(She)... will be responsible for financial and regulatory reporting, financial planning, pricing and accounting practices, as well as funding and tax for CIT Vendor Finance Asia...Shen has nearly 16 years of experience in financial services and consulting. She was most recently with HSBC where she held various roles of increasing responsibility in controllership, financial planning and analysis and treasury. Prior to HSBC, Shen spent nearly four years with KPMG as an auditor. She holds a B.A. in Business Administration from Shanghai University of Finance & Economics and is a licensed CPA and a member of the Association of Chartered Certified Accountants (ACCA)."

Ian Robertson has joined The Alta Group, Reno, Nevada, as Principal of Invigors Asset Management, a new asset management and lifecycle advisory practice. "A globally experienced asset management and remarketing professional, Robertson brings over 15 years of international experience to Invigors, having worked in the UK, France, Germany, Switzerland and the Netherlands. In over 6 years at De Lage Landen, Robertson managed a €25bn leasing portfolio with €3.4bn of residual risk while growing asset management income to €100 million in 2012.

Robertson was previously responsible for Portfolio Management and Market Development within Asset Management across Europe and Asia for Siemens Financial Services. In this role he drove significant asset management income improvement and also implemented a systematic and effective approach to portfolio management. Prior to this he held senior positions with CIT/Dell Financial Services, WR Grace and PA Consulting.

Paul F. Titterton was appointed by GATX Corporation, Illinois as "vice president and chief commercial officer, responsible for GATX’s North American railcar sales, fleet, structured finance and customer experience activities." He remains as vice president and group executive, fleet management, marketing, and government affairs, joining the company in August, 1997 as associated director, corporate finance, then appointed director, structured transactions, GATX Rail (December, 2002-April, 2007), vice president, strategic growth (April, 2008--October, 2008), vp and executive director, fleet portfolio management (October, 2008-November, 2011). He was member, management committee, AAE Cargo AG (April, 2008-December, 2011) and remains director, Providence and Worcester Railroad Company (January, 2008-Present).Harvard College, BA with Honors, History (September 1993 – June 1997). Wrote senior honors thesis on the impact of state regulation and the relative economic health of carriers on labor relations outcomes in the rail industry in the post WWII era. Activities and Societies: Treasurer (1996), Public Relations Director (1995), and member of the Board of Directors (1994-1997) of the Harvard-Radcliffe Gilbert and Sullivan Players. Served as producer, stage manager, lighting designer, and master electrician for over 3-dozen theatrical productions. Pleasantville HS (1989 – 1993).


What is Legal and Illegal for an Employer to Ask?”
Career Crossroad---By Emily Fitzpatrick/RII

Question: When interviewing, what is considered a “legal” and what is considered an “illegal” question; more importantly, how do I handle this?

Answer: Different occupations can ask certain questions, such as what do you weigh in requiring a job where it is important to do your duties, such as being a fireman.

In leasing and finance, it is quite different. However, being asked an “illegal” question can be stressful –meaning one where the question that delves into your private life or personal background. This type of question may make you uncomfortable.

First, your goal is to overcome your discomfort (do not get angry!) Remember, you may not be dealing with a person who is an experienced interviewer. A professional knows the rules.

You want to get the job offer, and any self-righteousness or defensive reaction on your part will ensure that you are not considered as a potential Candidate. Do not be the “litigious” Candidate – reputation is everything! Don’t be a “know-it-all!”

In general, the federal law forbids employers from discriminating against any person based on sex, age, race, national origin, religion, disabilities, etc…

An interviewer may not ask about:

      • Religion, religious holidays you observe nor political beliefs or affiliation
      • Ancestry, national origin or parentage
      • Naturalization status of your parents, spouse or children
      • Your birthplace

Sample Response: You can respond with “… I make it my practice not to involve my personal beliefs in my work – my career is too important for that …”

However, due to immigration laws, and the Patriot Act, they may ask whether you are a US citizen or a resident alien with the right to work in the United States

Be aware the interviewer may be asking innocently and may be unaware of the laws; being conversational. I recommend in these circumstances that it is best is to be polite and straightforward.

Remember: If you are uncomfortable, perhaps this is not the company for you.

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
Invite me to Connect on LinkedIn
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns


Small Ticket Leasing Sales Reps

No Book/Relationships Required
No Need for Relocation
Chicagoland/Northeast/Southern Cal
"Committed to our Clients to
Produce Timely and Effective Results"



Repossessing Vehicles: Three Cases
---Three Different Results
By Tom McCurnin
Leasing News Legal News Editor

Three Different Repossession Cases Show Shades of Grey in Legal Standards for What Might Be A “Breach of the Peace.”

Wecker v Crossland Group, 939 N.Y.Su.2d 481 (N.Y. App. Div. 2012)

[Held repossessing company which sub-contracted out repossession is not a secured party liable for breach of the peace]

Smith v AFS Acceptance, 2012 WL 1969415 (N.D. Ill. 2012)

[Held, towing vehicle with daughter in the car, while family members screamed was actionable].

Marcum v Eastman Credit Union, 2012 WL 1820865 (E.D. Tenn. 2012)

[Held, where borrower sleeping in car when towed, was not a breach of the peace once vehicle was in flow in traffic].

As lawyers in the ivory tower, we all know that a creditor may not repossess equipment if it causes a ‘breach of the peace.” However, what is a breach of the peace? These three cases, with three different results, demonstrate some inconsistency on how this principle is applied:

In Wecker v Crossland Group, 939 N.Y.Su.2d 481 (N.Y. App. Div. 2012), there was no question that the repossessing company’s employee physically assaulted the debtor. There was no question that the secured party could not delegate this duty and was responsible for the torts. However, the question was whether the company which was retained to repossess the equipment, but sub-contracted the work to another company was liable. The answer is that since the original company was neither the repossessing company, nor the secured party, it was not liable.

In Smith v AFS Acceptance, 2012 WL 1969415 (N.D. Ill. 2012), during the repossession, the debtor and his daughter opened the car door and jumped in the car to stop the repossession, that this was a repossession. The secured creditor argued that the repossession was complete because the vehicle was already hooked up.

The Court held that it was not complete and that the debtor stated a claim under the Fair Debt Collection Practices Act.

In Marcum v Eastman Credit Union, 2012 WL 1820865 (E.D. Tenn. 2012), the borrower was apparently sleeping in his car (with tinted windows), and the repossessing company hooked up the car and drove away into traffic, when the borrower made his presence known.

The Court ruled that the repossession was complete, when the tow truck was in the flow of traffic, albeit the “flow of traffic” was a traffic lane within the parking garage. Therefore, there was no breach of the peace.

What are the lessons for secured creditors here?

Well, perhaps one lesson is that the law theories, when applied to facts, often varies, and the result may be unpredictable. Another lesson is that faced with such unpredictability, perhaps the secured creditor might want to throw some money at the case and make it go away rather than chose to litigate the matter.

Wecker Case 1

Wecker Case 2

Wecker Case 4

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at
Previous Tom McCurnin Articles:

Previous Tom McCurnin Articles:


Why I Became a CLP

Donna Wesemann, CLP
Vice President
Susquehanna Bancshares, Inc.
Susquehanna Commercial Finance, Inc.

During a troubling time in our industry when “leasing” was experiencing some negative media and our industry was misunderstood, I felt it important for vendors and customers to know they were working with a qualified and credible expert. I was also looking for a way to take my career up to the next level and pursue job advancement. The President of our company at that time, Ken Collins, had suggested taking the CLP courses and exam. Studying and taking the exam has made me more confident and positive. It has had a major impact on my professional progress by having my level of expertise understood and recognized.

During my many years in leasing and finance, my job responsibilities required the evaluation and decisions on choosing the right indirect business partners to develop a funding relationship with. Prospects that displayed the CLP designation, distinguished themselves as individuals and companies with a reputation of integrity, expertise and a higher standard of ethical practices. These were the individuals and companies that I choose to focus on and work with.

The test was challenging but the review class and handbook covers all the material. I would also recommend forming a study group or finding a mentor to work with. You will find yourself utilizing the knowledge you learned through your studies on a daily basis. The CLP designation will also open many doors for you during your career, give you the added confidence to represent yourself and your company and serve as a sales tool in competitive situations.

CLPs in Good Standing

Why I Became a CLP series:

Working Capital Loans $10,000-$250,000





Leasing News Advisor
Dale Davis

Dale joined the Leasing News Advisor Board on January 26, 2007.

Dale R. Davis
Endeavor Financial Services
(877) 727-4327, ext. 207
(877) 337-3227

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.

Chairman, Advisory Board
Bob Teichman, CLP Teichman Financial Training, Sausalito, CA.
Advisory Board
Ed Castagna InPlace Auction, Melville, NY
Steve Crane, CLP CLP, Bank of the West, San Ramon, CA
Endeavor Financial Services, Costa Mesa , CA
Phil Dushey Global Financial Services, Manhattan, NY
Ken Greene, Esq. Hamrick & Evans, Universal City, CA
Shawn D. Halladay The Alta Group, Salt Lake City, UT
Robert S. Kieve Empire Broadcasting, San Jose, CA
Bruce Kropschot Kropschot Financial Services, The Villages, FL
Bruce Lurie Douglas-Guardian Services Corporation, Houston, TX
Andrew Lea HCL CapitalStream, Pt. Richmond, CA
Allan Levine Madison Capital, LLC., Owings Mills, MD
Ralph Mango ComScore, Reston, Virginia
Don Myerson BSB Leasing, Colorado, Hawaii
Armon L. Mills, CPA J.H. Cohn, LLP, San Diego, CA
Tom McCurnin Barton, Klugman & Oetting, Los Angeles, CA
Hugh Swandel The Alta Group, Canada
Paul Weiss Panthera Leasing, San Francisco, CA
Rosanne Wilson, CLP 1st Independent Leasing, Beaverton, OR
Ginny Young former Brava Capital, Orange, CA

Christopher Menkin Saratoga, California




10 Top Stories June 18-June 20
(You May Have Missed)

Here are the top stories opened by readers:

(1) Luckiest Man in California
Our Tom McCurnin
Leasing News Legal Editor

(2) Banks and Leasing Regulations
Question from Banker

(3) Berkshire Bank Recruits Experienced Leasing Business Unit

(Tie) (4) Archives---June 28, 2000
The Good Old Days

(Tie) (4) Capital One laying off 145

(Tie) (4) Leasing 102 by Mr. Terry Winders, CLP
"The Ignorance Plea"

(5) Scores of new Chevys stored for decades undriven finally up for sale

(6) Small Business Growth Is Happening Right Now
By Dave Choate, Direct Capital "Point Blank"

(7) Companies who notify lessee in advance of lease expiration

(8) New Hires---Promotions

(9) Texas Court Puts Road Block in Way of Servicer Suing on Behalf of Creditor By Tom McCurnin

(10) Cities with the Most Abandoned Homes --You May Want to Avoid Marketing Here 24/


Leasing Coordinator
West Los Angeles, California

Grow with us: coordinate credit, documents, funding,
and all processing--- helping small to medium size
businesses survive as well as improve their profit.
Dakota Financial is a small family style run company.
Speak directly to the person in charge:
Michael Green (310) 6969 3030 x 124
We fund traditional leases as well as sale-leasebacks,
private party sales, start-ups, and owner/operators
from $10,000 up to $250,000.



4th of July Movies
by Leasing News' Fernando Croce

With the Fourth of July just around the corner, we at Leasing News are proud to recommend five movies (easily available at Netflix) that you get you laughing, cheering, and saluting.

Mr. Smith Goes to Washington (Frank Capra, 1939): Many critics nowadays dismiss Frank Capra (“It’s a Wonderful Life”) as a creator of corny fantasies, but the truth is that his pictures are much tougher and darker than their comfy reputation would suggest. Capra’s account of idealistic Jefferson Smith (beautifully played by James Stewart) and his fall from innocence when he comes to Washington not only shows how vulnerable the political system is to human venality, it also anticipates the government scandals of many years to come. With an extraordinary cast that includes Jean Arthur, Claude Rains and Thomas Mitchell, it’s a political film in the greatest sense—aware of injustice yet optimistic about humanity’s potential for change.

Yankee Doodle Dandy (Michael Curtiz, 1942): Who would have thought that it would take a foreign filmmaker to come up with the most patriotic of American movies? Austria-born director Michael Curtiz (“Casablanca,” “The Adventures of Robin hood”) pulled out all the stops in this irresistible celebration of America’s greatest features, from apple pie to the freedom of putting on a show. James Cagney won a well-deserved Best Actor Oscar for his portrayal of flag-waving composer and song-and-dance man George M. Cohan, who over the years went from child star at vaudeville shows to the country’s most beloved entertainer. Full of vintage tunes (“Yankee Doodle Dandy,” “You’re a Grand Old Flag,” “The Red, White and Blue”) and Cagney’s electrifying numbers, it’s the perfect Fourth of July movie.

1776 (Peter H. Hunt, 1972): What more fitting movie to celebrate 4th of July with than one whose historical plot builds up to the 4th of July? The Founding Fathers were never more tuneful than in this beloved adaptation of Peter Stone’s Broadway musical hit, which takes place at the dawn of the Declaration of Independence. As the colonies get ready to come together into a nation in the days leading to July 4th, 1776, the Declaration is still sorting out its obstacles, from news of military struggle to reactionary landowners. John Adams (William Daniels), Benjamin Franklin (Howard Da Silva) and Thomas Jefferson (Ken Howard) are the main characters, stirring the people and making history with a slew of famous melodic numbers, including “But Mr. Adams,” “Molasses to Rum” and “The Less of Old Virginia.”

Independence Day (Roland Emmerich, 1996): The U.S.A. takes to the interplanetary frontlines when aliens try to invade Earth. Director Roland Emmerich steals from just about every other science-fiction movie ever made, from “Earth vs. the Flying Saucers” to “Close Encounters of the Third Kind,” but succeeds in entertaining audiences thanks to an enthusiastic cast (including Will Smith and Jeff Goldblum). And what patriot could resist when, facing down the hordes of slimy creatures heading toward the planet, the American President (Bill Pullman) grabs the mike and delivers a speech that ends with: “We will not vanish without a fight! We're going to live on! We're going to survive! Today we celebrate our Independence Day!”

The Patriot (Roland Emmerich, 2000): For a more action-packed take on America’s fight for independence, check out this popular combination of historical drama and blockbuster thriller. Mel Gibson stars as Benjamin Martin, a haunted man who simply wants to leave peacefully with his family in his small South Carolina farm. But since the year is 1776 and skirmishes between local rebels and colonial forces are all around him, Benjamin must take a stand. When his home and loved ones are threatened by a sadistic British commander, he reluctantly but fiercely returns to his old fighting ways. Mixing the national with the personal, this is a robust, rousing crowd-pleaser from director Roland Emmerich, who had already given us “Independence Day.”



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Happy Fourth of July from the Editor


            July 2, 1776- the Continental Congress, Philadelphia, PA, having a quorum, voted to adopt  a resolution introduced June 7, 1776, by Richard Henry Lee of Virginia: “Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved. That it is expedient forthwith to take the most effectual measures for forming foreign Alliances. That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.”

 Contrary to widespread misconceptions, the 56 signers did not sign as a group and did not do so on July 4, 1776. Roads were extremely poor, travel was very difficult, and there was a war on. John Hancock and Charles Thompson signed only draft copies on July 4th.

It was also not unanimous, as New York did not agree until July 19th. The signing of the official declaration occurred Aug 2,1776, when 50 men officially signed the document. Later that year, five more  signed separately and one added his name in 1781.

July 3, 1776 ,John Adams wrote a letter to his wife “...the Second day of July, 1776, will be the most memorable Epoch, in the History of America...celebrated, by succeeding Generations, as the great anniversary Festival. When the letter was published in the nineteenth century, an editor changed the date of the letter to July 5, and had Adams advising his wife that the “Fourth day of July, 1776” would be honored as the anniversary of U.S. independence. Other newspapers picked up the story. It made the rounds just as Internet hoaxes do today, and has become the “traditional date.” Congress made July 4th a legal holiday in 1941.

As a point of trivia, George Washington ( the second president, but will leave that for another day in history,) very much disliked July 4th as it reminded him in 1754 that he surrendered Fort Necessity when attacked by a large French contingent from Fort Duquesne.  This defeat left the French in possession of the Ohio River Valley and Washington never forgot.  It was the last and most significant of the French and Indian Wars, occurring when a small force under his command in May defeated a reconnaissance party of French and Indians near Duquesne. Unable to proceed against the superior French forces in the fort, Washington erected Fort Necessity at nearby Great Meadows, only to lose it on July 4, 1754.

The yellow flag with the rattlesnake in parts above "Don't Tread on Me" was the first official American Flag. It was adopted by Colonel Christopher Gadsden of South Carolina, who had it approved by the South Carolina Congress. It was first flown by Commodore Esek Hopkins, commander of the new Continental fleet, carried a similar flag in February, 1776, when his ships put to sea for the first time. On January 4,1776 it was flown as he landed in Bermuda and recognized as an American. This is considered the first naval battle of the Revolutionary War.

If there was a popular saying in the colonies, it was "Don't Tread on Me." This was aimed at the British, the Dutch, the French, the Spanish and others who were fighting to claim the new world as theirs. The settlers were a mixture, who fled the lifestyle of Europe and wanted to change their life: freedom, not rule by a monarch ( dictator.) One of the first things they did was to change the inheritance law. In Europe, everything went to the eldest son. In America, it was divided among all the males (and sometimes women were named, too).

First of all, social customs and things were different at the end of the 18th century. Yellow was not a "warning sign,” as it is today, but the most popular color for a flag.

Rattlesnakes did not have the meaning that they have today, as the population had not moved out past Pennsylvania and parts of Ohio, including Louisiana and Texas, who were not even territories at the time. The rattlesnake was one of Benjamin Franklin's and New England's favorite symbols. It was on many flags.

There were many farmers who found the reptile catching rodents, gophers, and they were used often as symbols on our flags and literature---not the connotation we have today from Westerns on TV and the movies.

As I said, things were quite different in those days. The early ports of commerce for Europe was Bermuda. It was also a favorite “pirate” hide out as it was in the main lane of commerce between the United States and Europe. Christopher Columbus was very popular as he discovered the area.  One of the controversies at the Constitution was many wanted to name the county the United States of Columbus, but a compromise was reached with the capital to be named the District of Columbia.

Esek Hopkins of Rhode Island was the first Commander-in-chief of the Continental Navy and severed until January 2, 1778. He also got into trouble with Congress for interpreting his orders rather broadly in diverting his fleet from its announced destination of Charleston to the Bahamas, where he made a successful raid on military stores.  His was the first Naval victory of the Revolutionary War. Congress sacked him anyway. Some say his real crimes were a hot temper and an unguarded tongue. Others say he had secret orders. Among his officers was First Lieutenant John Paul Jones “I have not yet began to fight,” who helped take New Providence. This was the first American naval victory. Commodore Hopkins flew on this first and on other voyages the Gadsden flag, designed by a man from Charleston, Carolina, with a coiled rattlesnake and the motto ``Don't Tread on Me.''

As an additional point, military troops of the day carried the Gadsen flag. The official stars and stripes was to come much later, and in reality, not adopted and changed to the format we know today where stars represent the states (not stripes) until the early 19th century. By 1818, the union consisted of 20 states. A Congressional act on April 4th mandated that the number of stripes be fixed at 13 and that one new star was to be added for each new state, the July 4 following its admission. However, nothing was written about what arrangement the stars should be in. We had the “Grand Star” flag for a while the stars were layered out in the form of a star) or staggered or not in rows. During the course of the Civil War, stars were not deleted, although the states succeeded. Stars also were not added the same year each state joined the union, as Congress became the body to make the proclamation.

Pledge of Allegiance" first published in a magazine called "The Youth's Companion." Authorship was claimed for James B. Upham and Francis Bellamy. In 1939 the United States Flag Association ruled that Bellamy was the author of the original pledge. The words, "under God" were added on June 14, 1954. In pledging allegiance to the flag, stand with the right hand over the heart or at attention. Men remove their headdress. Persons in uniform give the military salute. All pledge together: “I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

History has not changed, but our viewpoint and opinions have such as the first flag, and most popular was the yellow flag and the rattlesnake was a popular symbol. Dates that we celebrate today were not celebrated then, and contrary to popular believe, the constitution meetings were always started with a prayer (often a different minister and a rabbi at several meetings, although most were Episcopalians) and ended with a prayer, too.



News Briefs----

World’s car market soared 3% in May 2013

Fitch: U.S. high yield market has expanded 15% to $1.2 trillion

Financial Accounting Foundation Launches New Website

QRS: 2013 Best Franchise Deals



---You May Have Missed

Federal student Stafford loans doubled



SparkPeople--Live Healthier and Longer


7 New Ways to Keep Your Vision Sharp


Baseball Poem

    Baseball: a Poem by Nancy Pham

Baseball is a simple game,
It's hard to find someone who does not know the name,
of Ruth or Gehrig or Mays
baseball can go back to the days
of horse drawn, up to horsepower
an amusement used to pass the hours
and minutes, and days, through a lifetime
like mine
the wonderful joy of horsehide on cowhide
the bat on the ball
spikes on the bag
dirt in your palms
grass under your feet
the white of the lines
the black on the plate
the mound, that's just there
the cap on your head
the wood in your hands
the perfect throw from center to home
from third to first
or that little flip from short to second
to complete
the most beautiful thing in the game
the double play
one…then two
like 90 feet in a faultless diamond
or 60 feet 6 in between
it's exciting,
the rundown
the homer
the triple
or triple play
the double down the left field line
the stolen base
or pickoff
it's boring,
the walk
the force play
the infield fly rule,
the ground-rule double
it's the stuff dreams are made of
Game 7
Bottom of the 9th
2 outs
bases loaded
and you hit the game winning homer
is better than that
nothing is better than baseball
a pure pastime
a childhood memory
a grown passion



Sports Briefs----

Howard, Hawks meets; Lakers next

PGA bans long putters

Mark Sanchez 'buttfumble' now a silent movie


California Nuts Briefs---


West continues to suffer crazy hot weather locally and all over region

BART strike: Commute chaos rages on as strike begins with no end in sight

BART strike costing Bay Area economy more than $73 million a day

BART strike has commuters scrambling

Sobratos step down from running daily operations at the family's real estate


“Gimme that Wine”

Work shut down at controversial Sebastopol vineyard project

Kosta Browne Winery Acquires Keefer Ranch Block

Wines Of Alsace USA Creates Campaign For Dry Alsace Riesling

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Winery Atlas\

Leasing News Wine & Spirits Page


This Day in History

      1775 – George Washington arrived in Boston and took over as commander-in-chief of the new Continental Army.   
    1776- the Continental Congress, Philadelphia, PA, having a quorum, voted to adopt  a resolution introduced June 7, 1776, by Richard Henry Lee of Virginia: “Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved. That it is expedient forthwith to take the most effectual measures for forming foreign Alliances. That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.” This resolution prepared the way for signature and adoption, July 4,1776, of the Declaration of Independence. 
    1777- slavery emancipations was enacted into law by Vermont: “ No male person born in this country or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law, for the payment of debts, damages, fines, costs, or the like.” 
    1778- Cyrus Griffin of Virginia, the president of the Congress, announced that the Constitution had been ratified by the required nine states (the ninth being New Hampshire June 21, 1788), and a committee was appointed to make preparations for the change of government. 
    1809 – Alarmed by the growing encroachment of whites squatting on Native American lands, the Shawnee Chief Tecumseh calls on all Indians to unite and resist. Born around 1768 near Springfield, Ohio, Tecumseh early won notice as a brave warrior. He fought in battles between the Shawnee and the white Kentuckians, who were invading the Ohio River Valley territory. After the Americans won several important battles in the mid-1790s, Tecumseh reluctantly relocated westward but remained an implacable foe of the white men and their ways. By the early 19th century, many Shawnee and other Ohio Valley Indians were becoming increasingly dependent on trading with the Americans for guns, cloth, and metal goods. Tecumseh spoke out against such dependence and called for a return to traditional Indian ways. He was even more alarmed by the continuing encroachment of white settlers illegally settling on the already diminished government-recognized land holdings of the Shawnee and other tribes. The American government, however, was reluctant to take action against its own citizens to protect the rights of the Ohio Valley Indians. On this day in 1809, Tecumseh began a concerted campaign to persuade the Indians of the Old Northwest and Deep South to unite and resist. Indians from as far away as Florida and Minnesota heeded Tecumseh’s call. By 1810, he had organized the Ohio Valley Confederacy, which united Indians from the Shawnee, Potawatomi, Kickapoo, Winnebago, Menominee, Ottawa, and Wyandot nations. For several years, Tecumseh’s Indian Confederacy successfully delayed further white settlement in the region. In 1811, however, the future president William Henry Harrison led an attack on the confederacy’s base on the Tippecanoe River. At the time, Tecumseh was in the South attempting to convince more tribes to join his movement. Although the battle of Tippecanoe was close, Harrison finally won out and destroyed much of Tecumseh’s army. When the War of 1812 began the following year, Tecumseh immediately marshaled what remained of his army to aid the British. Commissioned a brigadier general, he proved an effective ally and played a key role in the British capture of Detroit and other battles. When the tide of war turned in the American favor, Tecumseh’s fortunes went down with those of the British. On October 5, 1813, he was killed during Battle of the Thames. His Ohio Valley Confederacy and vision of Indian unity died with him.
    1822-Perhaps one of the events that slowed those advocating freedom was the ceremony and significance of the hanging of Denmark Vesey.  He was the planner of what would have been the biggest slave revolt in US history.  Denmark Vesey was executed at Charleston, SC. He had been born around 1767, probably in the West Indies, where he was sold at around age 14 to Joseph Vesey, captain of a slave ship.  He purchased his freedom in 1800.  In 1818 Vesey and others began to plot an uprising, he held secret meetings, collected disguises and firearms and chose a date in June, 1822. But authorities were warned, and police and the military were out in full force.  Over the next two months, 130 blacks were taken into custody, 35, including Vesey, were hanged and 31 were exiled.  As a result of the plot, Southern legislatures passed more rigorous slave codes. 
    1833 - An unusually large New England tornado, one half to three quarters of a mile wide, went from Salem Pond to Norton Pond, VT, and then into Canada. It "prostrated" nearly everything in its path.
    1843 - An alligator reportedly fell from the sky onto Anson Street in Charleston, SC, during a thunderstorm.
    1863-The second day of the battle of Gettysburg. Both armies faced each other in a parallel line one mile apart. General Longstreet basically holds back, disagreeing with General Lee orders, as Longstreet waits.  Lee sends in his best, his right hand fighting force, the price of the South,  J.E.B.Stuart. The delay by Longstreet changes the course of the battle.  The time gives the Federal troops time to organize and position themselves. In his book, Longstreet says these reports are incorrect, especially about specific orders to attack. This battle was never planned, but was stumbled into as General Lee was on his way for a surprise attack on Washington, D.C. Several generals died this day in battle, and Longstreet has his version of what happened. 
    1864-Congress established the National Statuary Hall, formerly the Hall of the United Sates House of Representatives in the Capital at Washington, DC.  Each state was invited to contribute marble or bronze statues of its most distinguished citizens. 
    1881 - Only four months into his administration, President James A. Garfield is shot as he walks through a railroad waiting room in Washington, D.C. On September 19, 1881, after 80 days, President Garfield died of blood poisoning. Vice President Chester A. Arthur serving as acting president was sworn in as president. 
    1890—The Sherman Act was enacted by Congress.  Also known as the Antitrust law, it was “ an act to protect trade and commerce against unlawful restraints and monopolies. “ It provided that “every contract combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal.” 
The census recorded a population of 62,947,714.  The center of population was placed at 20 miles east of Columbus, Indiana.  The melting pot character of New York City was reflected in statistics revealing that there were half as many Italian New Yorkers as Neapolitans in Italy, as many German New Yorkers as Germans in Hamburg, twice as many Irish New Yorkers as Dubliners, and two and half-half times as many Jews as were living in Warsaw. It would not be until shortly after the turn of the century that immigration laws would slow down the mix. 
    1881- President James A. Garfield was shot as he entered the railway station at Washington. DC. He died Sept 19, 1881, never having recovered from the wound. The assassin, Charles J. Guiteau, was hanged June 30, 1882. (bottom half of: ) 
    1904-Jean Rene Lacoste, tennis player and clothier born at Paris, France. Lacoste, known as the Crocodile, was one quarter of the great French tennis players in the 1920's known as the Four Musketeers.  He won Wimbledon and the US championship twice each, the French Open three times and was ranked No. 1 in the world in 1926-27.  He designed the first shirt specifically for tennis, a loose-fitting cotton polo shirt that soon became the standard. He adorned the Lacoste shirt with a small crocodile, the first apparel logo. Died at St. Jean-de-Luz, France, October 12, 1996 
    1905-birthday of bandleader, saxophonist Harland Leonard, Kansas City, MO 
    1908-birthday of Thurgood Marshall, the first African-American on the U.S. Supreme Court, born at Baltimore, MD.  For more than 20 years, he served a director-counsel of the NAACP Legal Defense and Educational Fund.  He experienced his greatest legal victory May 17,1954, when the Supreme Court decision on Brown v Board of Education declared an end to the “separate but equal” system of racial segregation in public schools in 21 states.  Marshall argued 32 cases before the Supreme Court winning 29 of them, before becoming a member of the high court himself.  Nominated by President Lyndon Johnson, he began his 24-year career on the high court. Oct 2, 1967, becoming a voice of dissent in an increasingly conservative court. Marshall announced his retirement June 27, 1991, and he died January 24, 1993, a t Washington,DC.
    1917-W.E. B. Dubois, Marcus Garvey, and James Weldon Johnson of the NAACP, led a silent march down Fifth Avenue at New York, following the previous day Saint Louis race riots ( reported in yesterday's A Day in American History )  Between 20 and 75 blacks were killed, and hundreds more were injured.
    1921-Jack Dempsey successfully defended his heavyweight championship against French contender George Carpentier. The challenger staggered Dempsey in the second round, but the “Manassa Mauler” recovered and knocked out Carpentier in the fifth round.  The fight grossed $1,789,238, boxing's first million-dollar gate, as 80,000 fans took their seats in a specially-built outdoor arena in Jersey City, NJ.     1930-PianistAhmad Jamal (Fritz Jones ) birthday 
    1939-birthday of singer Paul Williams, Birmingham, AL 
    1941—Gene Krupa Band with Roy Eldridge record “ Rockin' Chair.” (Hoagy Charmichael first wrote and sang this, and Jack Teagarden later had a hit in the late 1920's. It later became his signature song.) 
    1943-First Lieutenant Charles Hall of Brazil, In, became the first Army pilot who was African-American to shoot down an Axis airplane in World War II when she shot down a German FockeWulf 190 over Sicily.  He was flying a Warhawk as part of a fighter squadron escorting bombers. The squadron commander was Lieutenant Colonel Benjamin Oliver Davis, Jr., who later became the first Africa-American general of the Air Force.    
    1944- impresario Norman Granz presented the first Jazz at the Philharmonic concert at the Philharmonic Auditorium in Los Angeles. The series, which later toured the US and Canada, presented the best mainstream jazz artists, both in individual sets, and in an all-star jam session. The success of Jazz at the Philharmonic proved, as Granz said, that there was "money to be made in good jazz." Granz later formed Verve, one of the leading jazz labels of the 1950's and '60s.
    1945 - The submarine USS Barb fires rockets on Kaihyo Island, off the east coast of Karafuto (Sakhalin) Island. It is the first American underwater craft to fire rockets in shore bombardment. Meanwhile, Japanese sources report that only 200,000 people remain in Tokyo. All others have been evacuated to safer areas. The Japanese claim that some 5 million civilians have been killed or wounded by American fire-bombs.
    1947 - Soviet Foreign Minister V. M. Molotov walks out of a meeting with representatives of the British and French governments, signaling the Soviet Union's rejection of the Marshall Plan. Publicly, U.S. officials argued that the Soviet stance was another indication that Russia intended to isolate Eastern Europe from the West and enforce its communist and totalitarian doctrines in that region. From the Soviet perspective, however, its refusal to participate in the Marshall Plan indicated its desire to remain free from American "economic imperialism" and domination.
    1947 - An object crashed near Roswell, N.M. The Army Air Force later insisted it was a weather balloon, but eyewitness accounts gave rise to speculation it might have been an alien spacecraft.
    1951--Top Hits
Too Young - Nat King Cole
mister and Mississippi - Patti Page 
On Top of Old Smokey - The Weavers (vocal: Terry Gilkyson) 
I Want to Be with You Always - Lefty Frizzell 
    1955- "The Lawrence Welk Show" premiered on television, lasting for nearly three decades. By high school best friend Warren Luening played trumpet in the show, who is today a well-known professional studio, move, and television musician. He is mentioned often in movie titles and CD ROMs for his solo's and performance,,460884,00.html,,1080878,00.html,,192577,00.html
/itemid=1356803/f rom=sr163463-2,,203866,00.html 
    1956 - Elvis Presley recorded "Hound Dog" and "Don't Be Cruel" and “Anyway You Want Me “ for his new record label home, RCA Victor in New York. It's the first session to feature the Jordainaries, a vocal harmony quartet. 
    1957-"The Andy Williams Show" premiered   Mike Post was hired as musical director "in order to appeal to a younger audience; he introduced the practice of prerecording band arrangements rather than recording them during the taping of the show." In 1976, Williams hosted "Andy," a syndicated show.
    1958 -- Elvis Presley's fourth movie, King Creole, opens in US theaters, though Elvis himself is currently stationed in Germany with the US Army.
    1959--Top Hits 
Personality - Lloyd Price 
Lonely Boy - Paul Anka 
Lipstick on Your Collar - Connie Francis 
The Battle of New Orleans - Johnny Horton 
    1961—Roger Maris hits 29th and 30th home run en route to 61 homers. 
    1962-Jimi Hendrix was honorably discharged from the 101st Airborne Paratroopers, after breaking his ankle during his 26th and final parachute jump. 
    1962 -- Jim Reeves records what would be his last songs for RCA before his fatal plane crash just over one month later.
    1963 In one of baseball's most memorable pitching duels, Giants' Juan Marichal and Braves' Warren Spahn both hurl 15 scoreless innings before Willie Mays ends the marathon with a homer off Spahnie in the bottom of the 16th giving San Francisco a 1- 0 win. 
    1964- President Lyndon Johnson signed the Voting Rights Acts into law, prohibiting discrimination on the basis of race in public accommodations, in publicly owned or operated facilities, in employment and union membership, and in the registration of voters.  The bill included Title VI, which allowed for the cutoff of federal funding in areas where the discrimination persisted.   
    1966- Temperature at Philadelphia, PA soared to 104 
    1966-Frank Sinatra's version of "Strangers in the Night" displaced The Beatles' "Paperback Writer" at the top of the Billboard Hot 100. It was also a UK #1. Sinatra's recording would win him a Grammy Award for Best Male Pop Vocal Performance and Record of the Year, despite the fact that Frank often said he didn't really like the song. 
    1967--Top Hits 
Windy - The Association 
Little Bit o' Soul - The Music Explosion 
San Francisco (Be Sure to Wear Flowers in Your Hair) - Scott McKenzie 
All the Time - Jack Greene    
    1969- Reds pitcher Jerry Arrigo ties a major league mark when he hits his third Brave in the second inning of 9-4 victory. Braves tie the record hitting five batters in one game. 
    1975--Top Hits 
Love Will Keep Us Together - The Captain & Tennille 
When Will I Be Loved - Linda Ronstadt 
Wildfire - Michael Murphey 
Tryin' to Beat the Morning Home - T.G. Sheppard 
    1976- Brian Wilson, rehabilitated from drug and other problems, joined the Beach Boys on stage in Oakland, California for the first time in 12 years. He performed with the group again the following night, and the event was recorded for an NBC television special. 
    1977 - Bill Conti's "Gonna Fly Now (Theme From Rocky)" hits #1
    1983--Top Hits 
Flashdance...What a Feeling - Irene Cara 
Electric Avenue - Eddy Grant 
Every Breath You Take - The Police 
Love is on a Roll - Don Williams 
    1985- Astro hurler Joe Niekro notches his 200th career victory. The Niekro brothers (Joe & Phil) will join the Gaylords (Jim & Gaylord) as the only brothers to win at least 200 games per pitcher.
    1986 - For the first time, Bob Dylan joins The Grateful Dead onstage for a rendition of his own "Don't Think Twice, It's All Right" at a gig in Akron, OH.
    1988 - Twenty-six cities in the eastern U.S. reported record low temperatures for the date. The morning low of 47 degrees at Roanoke, VA, broke the July record set the previous day.
    1988- Michael Jackson became the first artist to have five number one singles from one album when "Dirty Diana" went to the top of the Billboard Hot 100. The other four chart-toppers from "Bad" were "I Just Can't Stop Loving You," "Bad," "The Way You Make Me Feel" and "Man in the Mirror."   
    1989--Thunderstorms produced 158 reports of large hail or damaging winds. Evening storms in northeast Texas produced softball size hail which causes more than $5 million damage at Allen and wind gusts to 90 mph at Dallas which injured 8 persons and caused $7 million damage. 
  1991--Top Hits 
Rush, Rush - Paula Abdul 
Unbelievable - EMF 
Power of Love/Love Power - Luther Vandross 
The Thunder Rolls - Garth Brooks 
    1992- A cold July day as Saranac Lake, NY drops to 30, East Haven, VT to 29, West Charleston ,VT 30 
    1994-Andrews Escobar, 27 a defender on Colombia's 1994 World Cup soccer team, was shot 12 times and killed by an unknown assailant in Medellin, Colombia.  The shooting occurred ten days after Escobar had scored an “own goal,” kicking the ball into his own net in a 2-1 opening round upset loss to the United States. Witnesses aid the shooter shouted, “ Goal! Goal!” as he fired each shot. 
    1994 -Heavy rains from the remains of Tropical Storm Alberto produces major flooding across northern and central Georgia. Three day rains exceeded 15 inches at Atlanta., GA, 21.10 inches at Americus, GA. Numerous road closures and bridge washouts. 30 people were killed and 50,000 were forced from their homes as 800,000 acres were flooded. Total damage exceeded $750 million 
    1997 - "Men in Black" opened in the U.S. It's a fun-filled sci-fi tale about a secret organization that's been keeping track of extra-terrestrial aliens on Earth for over 40 years. This organization so secret that when you retire, your memory of it is erased! Agents Kay (Tommy Lee Jones) and Jay (Will Smith) expose a plot by intergalactic terrorist Edgar (Vincent D'Onofrio) who has beamed (or whatever) to Earth to assassinate two ambassadors from opposing galaxies. Complex, but hilarious, but action packed. Audiences beamed (or whatever) to theatres the first weekend, spending $51.07 million on the movie. 
    2002 -Fifty-three major league players hit a record 62 home runs breaking the mark of 57 established on April 7, 2000. The barrage includes record-tying dozen hit at Chicago's Comiskey Park by the White Sox and the Tigers, the same two teams which set the major league record for homers in a game with 12 at Tiger Stadium in 1995.
    2005 - The Live 8 concerts are held simultaneously all over the world to benefit impoverished African nations, featuring performances by Stevie Wonder, Elton John, Brian Wilson, Chuck Berry, Neil Young, Paul McCartney, The Who, and a reunited Pink Floyd, among dozens of others.



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