Friday, July 17, 2009
Headlines---
Peter C. Platt passes away ######## surrounding the article denotes it is a “press release” -------------------------------------------------------------- Peter C. Platt passes away Harborside Capital Group regrets to announce that Peter C. Platt passed away on July 15, 2009 from complications related to a kidney transplant. Pete was a 40 year veteran of the equipment leasing industry who held senior management positions with GE Capital, Westinghouse Credit, AmSave Credit and served as the President of Summit Leasing Corporation prior to his affiliation with Harborside. Pete served as a Director and Member of the Executive Committee of The Eastern Association of Equipment Lessors and served on several committees of The Equipment Leasing and Finance Association. Pete is survived by his wife, three children and granddaughter. -------------------------------------------------------------- Nancy Rosenberg passes away The Arizona Equipment Leasing Association regretfully announces the passing of one of their founding members. Nancy Rosenberg, a long time leasing professional in the Arizona market has passed away on July 13, 2009. Nancy was an executive with General Leasing Corp headquartered in Phoenix for over 15 years. Later she acquired Jim Fisher's Quality Financial on his passing in 1995, and continued its operation. She was also a founding member and served an officer with The Arizona Equipment Leasing Association. She will be missed for her friendly smile, energy and encouragement that she gave to all who knew her. Services for Friday July 24 are pending.
Bernice Truszkowski -------------------------------------------------------------- Classified Ads---Syndicator
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-------------------------------------------------------------- IFC's Trebels/Langs Sued for Fraud by CoActiv Capital CoActiv Capital Partners of Horsham, Pennsylvania on July 9, 2009 filed a suit for over $2 million against IFC Credit Corporation, Morton Grove, Illinois, one of their funding groups, and the two main principals, claiming the officers committed fraud as individuals, specifically not paying off leases when the lessee terminated early, and knowing that the company was "essential insolvent" for almost a year. This is the first suit filed individually against Rudolph D. Trebels, CLP, CEO of the company, and Marc Langs, CFO of the company. They are named as officers of IFC Credit Corporation as well as managers IFC Capital Funding I, LLC. The complaint filed is over 180 pages with five complete exhibits by lead attorney Frank Murphy of Frey, Petrakis, Deeb, Blum, Briggs & Mitts of Philadelphia, Pennsylvania. (Peter J. Deeb was involved in the early NorVergence bankruptcy hearing representing Partners Equity Capital Company, LLC as well as the case with IFC Credit Corporation and the FTC. Mr. Murphy is a top litigator with the firm: http://www.fpdb.com/attorneys/Frank_G_Murphy.aspx )
Manufacturers and Traders Trust Company (MT&T), successor by merger to Court Square Leasing, filed on June 29th a "Complaint on Confession of Judgment," claiming $518,843 owed (now $38,885.26 interest as of February, 2009 and attorney fees of $51,848.35) at $609,218.14. As the public pleadings disclose, MT&T have a judgment against IFC for the amount reflected in the pleading and not merely a pending complaint. Stephen Levin was the lead attorney along with Deirdre M. Richard, Lamm Rubenstone, LLC.
There is the $1 million complaint filed from an investor in California, as wells as previous attorneys not being paid $170,000 for their NorVergence lease legal fees, and many brokers and vendors, who are continuing to email and telephone Leasing News asking for advice, but realizing in the conversation that they know they will never be paid. It appears many vendors read leasing news to learn about IFC Credit and other companies. In the meantime, the former CEO of First Portland Corporation dba First Corp., Len Ludwig, who reportedly holds a 100% stock pledge agreement from Rudy Trebels, is trying not only to save his investment, but keep the company alive, saying he will take care of all the banks, the debts, the lawsuits, and both brokers and vendors who have not been paid, although there will be not infusion of capital or guarantee of debt of any consequence. He has reportedly told investors he will put together a new line of credit with their help and bring First Portland Corporation dba First Corp back to life (no mention was made about the Brooklyn Bridge as extra collateral as rumored). There is a continued hearing today in Cook County Court, Illinois. His right hand man Thomas E. Laury was put in charge of IFC as "project manager" and Ludwig wants to take full control. While Ludwig appears as the good cop, Laury has been given the role of the bad cop, several sources have told Leasing News in more explicit language. If the same Thomas E. Laury, he was disbarred as an attorney for sixty days in 1985 in Oregon, where Ludwig ran First Portland Corporation as CEO. (1) Reportedly Laury has served Ludwig in other capacities. Telephone calls to IFC Credit were not returned.
Ironically CoActiv Capital was formed by two principals caught up in NorVergence Leases: "November 27, 2002 , 'Donald P. Campbell and Steve A. Grosso, both former leaders at De Lage Landen Financial Services, Inc., Tokai Financial Services, Inc., Fidelity Bank N.A., and ITT Industrial Credit, announced the formation of Partners Equity Capital Company, LLC (PECC).' ..Jan. 18, 2007: "Marubeni America Corporation ("MAC") has entered into the finance leasing industry in the United States with the launch of a new subsidiary, CoActiv Capital Partners LLC ("CCP"), retaining the employees and most of the lease assets of Partners Equity Capital Company ("PECC"). You would have
thought they knew better after their experience with NorVergence
leases and IFC Credit's position, too. Oh, well, sounds like
a NorVergence re-union with all the players and attorneys in
a home week, but this time in court. I can hear former FTC
Attorney Randy Brook laughing out loud all the way from his retirement in Washington, especially with Askounis & Darcy not getting
paid $170,000 for their NorVergence legal fees.
This is the first public document to declare Trebles and Langs knew IFC Credit was "insolvent" reportedly for over a year. More importantly, it is the first to charge at least two IFC Credit officers with personal fraud. It appears the office of the United States Attorney General in Illinois is looking into the matter as a follow-up to the NorVergence leasing scandal. Ironically, the FTC attorney who prosecuted the case after Brook retired, Robert Schroeder, is the new Regional Director, based in the State of Washington, as Chuck Harwood, the Regional Director for several decades, is moving to Washington, DC to take the two spot in the Bureau of Consumer Protection. Here is a short synopsis from the 188 page public document: "9. In December 2007, IFC, IFCI, and CoActiv were parties to a loan transaction wherein CoActiv provided funding to IFCI by means of a $25,000,000.00 credit facility for IFCI to purchase certain leases from IFC. As part of that transaction, IFC and IFCI entered into an Assignment of Servicing Agreement (the "IFCI Servicing Agreement") wherein IFC assumed IFCI's servicing requirements and agreed to service and administer the leases for the benefit of CoActiv. See Loan Agreement and IFCI Servicing Agreement attached hereto as Exhibits "D" and "E", respectively. "22. Beginning in approximately mid-2008, the Servicing Reports ceased to show that any leases were being terminated by lessors and failed to show that IFC was receiving and depositing into other accounts the monies related to the early termination of the leases owned by CoActiv "28. As of April 10, 2009, IFC has acknowledged that it wrongly withheld and retained over $1.6 million dollars in termination payments due to CoActiv. 29. Further, CoActiv has determined that IFC has failed to make almost $400,000 in other payments due and owing to CoActiv under the terms of the Servicing Agreements. "30. Upon a review of IFC's financial situation, CoActiv believes, and therefore avers that IFC has been essentially insolvent over the past year and has been utilizing funds belonging to CoActiv to satisfy cash flow requirements. "32. Mr. Trebels and Mr. Langs, as officers of IFC, were at all times aware of the funds received by IFC for termination of the leases as well as what information as contained on the Servicing Reports being provided to CoActiv. "33. Mr. Trebels and Mr. Langs, as officers of IFC, were at all times aware that funds belonging to CoActiv were being dissipated and utilized by IFC without the knowledge of or permission of CoActiv. 34. Mr. Trebels and Mr. Langs knew at all times that the information being provided to CoActiv was false and misleading. 35. Section 13.1 of the Omnibus Agreement provides that Defendants shall pay all attorneys fees, costs, and expenses incurred by CoActiv arising from the enforcement of CoActiv's rights under the Omnibus Agreement. 41. CoActiv has been damaged as a result of Defendants IFC's and IFCI's conversion in an amount exceeding $2,000,000.00 plus interests, fees, and costs. 51. IFC and IFCI failed to properly distribute nearly $400,000 in payments collected and reported on leases owned by CoActiv for which IFC and IFCI were collecting under the terms of the Servicing Agreement, as well as over $1.6 million in payments collected on leases owned by CoActiv for which IFC and IFCI were servicing under the terms of the Servicing Agreement. 62 Defendants Trebels and Langs knew the Servicing Reports were materially false and inaccurate, yet Defendant Langs, under Defendant Trebels' direct control and supervision, and upon information and belief with his express approval, signed the Servicing Reports on behalf of Defendants IFC and IFCI and actively participated in the fraud. 63. Defendants acted fraudulently towards CoActiv in order to falsely inflate the condition of Defendants IFC's and IFCI's financial operations. 64. Defendants' Trebels and Lang benefited from the fraud since it allowed them to maintain their positions at IFC and IFCI, as well as receiving financial and other benefits related to their positions." (1) Laury Disbarred
CoActiv Complaint: http://leasingnews.org/PDF/CoActive%20Complaint.pdf Exhibit A:
MT&T "Complaint on Confession of Judgement"
-------------------------------------------------------------- Most Influential Women in Leasing Send nominations to: kitmenkin@leasingnews.org "Influential" as "a person whose actions and opinions strongly influence the course of events" {Online Dictionary}. They must be alive, and do not need to be active any longer in the leasing or finance industry. New Nominations:
Bette Kerhoulas, CLP. President Pacifica Capital founded in 1984. She has been an influence and role model for many women (and men) in our industry, not to mention she was the first female President of the United Association of Equipment Leasing. She also won a major
case in California regarding application of sales tax to discounted or assigned true leases.
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Elaine Litwer - legislative coordinator for the National Vehicle Leasing Association (NVLA), which promotes responsible legislation regarding developments and trends in vehicle leasing. She is a recipient of the association's Lifetime Achievement Award for her distinguished career in the vehicle leasing industry and her continued work and support of the association She dedicated herself to improving the leasing industry. She fought tirelessly to abolish lessor vicarious liability in New York State. She was involved in the auto industry from almost every aspect, being a lessor, a sales rep, working in the offices at GM, lobbying in Albany.
Lisa A, Levine, CAE--Executive Director of the Equipment Leasing & Finance Foundation, who has continually attracted an active board of trustees, as well as conducting and commissioning " credible, unbiased future-focused research about the equipment lease financing industry. To date, the Foundation has funded more than $1.6 million in research grants." The Journal of Equipment Lease Financing, published three times a year.
Terri McNally---President of Global Capital, Ltd., former vice-president at Ameritech Capital, Fleet Capital, and GE Capital, active in many associations, winning several awards and recognitions, serving as a speaker at conferences all over the world
for over 20 years.
Deborah Monosson--- President, Boston Financial & Equity Corp., a role model for women in leasing, active on the board at the Equipment Leasing and Finance Association, Equipment Leasing and Finance Foundation, first female president of the Commercial Finance Association, serving on many committees, very active and outspoken.
Operates a very successful company.
Rosanne Wilson, CLP -- 1st Independent Leasing is an outstanding individual. A twenty-five year veteran in Finance. She has given so much to National Association of Equipment Leasing Brokers (NAELB), as well as reached out as a Mentor and supporter of all new members of our industry. She serves on many committees as well as the Treasurer of NAELB. Those who know her have grown from the assets she shares with all. Even the most experienced amongst us have used her good office as a great sounding board on issues from closing deals to technical questions and she always shares what she knows graciously. A true professional and a terrific representative of our industry. -------------------------------------------------------------- Operation Lease Fleece: Up-Date
November 7, 2007 the FBI investigation dubbed "Operation Lease Fleece" officially filed charges against 23 for their roles in a fraud scheme that allegedly caused more than $20 million in losses to several leasing companies and banks that believed they were financing equipment leases. First, that was the dollar amount at the time, as other defaults have brought new cases and charges. According to the records, many were arrested on October 18, 2007. There have been two additional arrests since that date, and authorities say there are more coming, thus they have been postponing sentencing dates as sealed documents then become available to the public. It is interesting to note that Adam Zuckerman sentencing date has been postponed the longest: July 19, 2010. While it appears many in the industry have been disguising sale/leasebacks as "new equipment" or even inflating equipment cost to return cash to the lessee, the organization of Operation Lease Fleece was in Adam Zuckerman's building and that those Leasing News has spoken to have named him the most instrumental in the deception. (1) Since this date two have been sentenced, the most recent: Mark Castleman indicted for mail fraud and November 19, 2008 pled guilty. April 23, 2009. Hearing held before Judge Cormac J. Carney as to Defendant Mark P Castleman. Defendant Mark P Castleman (1), Count(s) 1, 1 day imprisonment, with credit for time served. Pay $100 special assessment. All fines are waived. 3 years supervised release under terms and conditions of US Probation Office and General Order 318. Bond Exonerated. Sixty(60) hours of community service with the first six months. Nohad Mousa pled guilty to 18:1341 MAIL FRAUD before Judge Cormac J. Carney. JUDGMENT AND COMMITMENT by Judge Cormac J. Carney as to Defendant Nohad Mousa (1), Count(s) 1, 6 months imprisonment, time served. Pay $100 special assessment. Pay total restitution of $94,775. Interest on restitution ordered waived. Defendant shall be held jointly and severally liable with co-participant George Simon (Docket No 8:07CR00246) for the amount of restitution ordered in this judgment. All fines are waived. 3 years supervised release under terms and conditions of US Probation Office and General Orders 318 and 01-05. Signed by Judge Cormac J. Carney. Plea Agreement:
The majority are basically under "house arrest." Although many get permission to travel, it must be specifically approved by Judge Carney. While out on bail, they are not permitted to engage in financing or leasing in the State of California, particularly, as well as other states. According to California Finance Lender Law, no party may own 10% of a finance or leasing company if convicted of a felony. Whether any person in leasing would "front" transactions from is questionable. Several are in the "investing business," often on a commission basis, and it is assumed they either have other occupations or are living on savings. The attorney fees have been expensive. This is part of the request to Judge Carney to postpone sentencing by US Deputy Attorney General Jennifer L Waier: "2. Defendant and the government are engaged in ongoing discussion regarding matters that will significantly impact defendant's sentencing. The parties require additional time to conclude these discussions and prepare position papers concerning sentencing. Neither the FBI nor the US Attorney General's office have released any new information since the original press release about the announcement of arrest. Leasing News has written about the three considered the "ring leaders" of the operation. Adam Zuckerman is reportedly still active in the investment business, although. In several interviews, he related how a Equipment Leasing and Finance Association attorney who has sat on ethics and fraud committees advised him what he was doing was legal (2). Long time partners Jim Raeder and Mark McQuitty of CapitalWerks, Preferred Lease, formerly SierraCities from the sale of their company Republic Leasing of Southern California, appear to have gone their separate ways. They have been living off the sale of Republic Leasing of Southern California for quite some time, Leasing News was told by Jim Raeder After pleading guilty in a sealed document, Raeder moved to Colorado, where he was originally raised, bringing his family. He reportedly has been in poor health. Mark McQuitty stayed in Southern California, had allegedly rented several offices, was reportedly active in several ventures, but appears to have let them lapse. He is originally from New Zealand. Whether he will eventually return to his home country after serving time is not known. During the time since his pleading guilty, he has had three serious DMV convictions. He was put on three years probation on July 31, 2008 with the sentence stayed. The DMV record does not show if his license was revoked, but the court knowing his pleading guilty to federal charges may have influenced the decision. (Out of respect for his family, Leasing News is not providing his public DMV conviction record sent in by a reader.) Here is an up-date on the sentencing dates: (list by scheduled court date): James H Breedlove: Sentencing continued (assume 10/5/2009) Anthony E. Watson pled guilty before Judge Cormac J. Carney.. Documents sealed. Latest: Sentencing Hearing to 10/5/2009 10:00 AM before Judge Cormac J. Carney Chance Nell Weaver Jury Trial originally sent for 6/16/2009, now set for 12/8/2009 at 09:00 AM before Judge Cormac J. Carney. Status Conference set for 11/30/2009 at 09:30 AM before Judge Cormac J. Carney. Michael Scott Grayson trial originally sent for June 16, 2009, now Jury Trial set for 12/8/2009 at 09:00 AM before Judge Cormac J. Carney. Status Conference set for 11/30/2009 at 09:30 AM before Judge Cormac J. Carney. Lourey McComber before Judge Cormac J. Carney. Sentencing is now set for 12/7/2009 before Judge Cormac J. Carney." Leigh Dorand pled guilty 18:1343: Wire Fraud before Judge Cormac J. Carney. Sentencing set for 12/7/2009 before Judge Cormac J. Carney. Document sealed Harold Gold pled guilty to 18:1343: Wire Fraud (1) before Judge Cormac J. Carney. Sentencing set for 12/7/2009 before Judge Cormac J. Carney. Jeffrey Greenough pled guilty to 18:1343: Wire Fraud (1) 18:2: Aiding and Abetting and Causing an Act to be Done before Judge Cormac J. Carney. Sentencing hearing for defendant Jeffrey Greenough to 12/7/2009 before Judge Cormac J. Carney. Documents sealed. Lourey McComber pled guilty to 18:1343: Wire Fraud (1) 18:2: Aiding and Abetting and Causing an Act to be Done before Judge Cormac J. Carney. Stipulation to Continue 46 Sentencing hearing to 8/11/2008 11:00 AM before Judge Cormac J. Carney. Documents sealed. Latest: Sentencing set for December 7, 2009 before Judge Cormac J. Carney. Paul Arnold pled guilty before Judge Cormac J. Carney. Sentencing set 12/14/2009 AM before Judge Cormac J. Carney.
Kirk A McMahan: continuing Sentencing Hearing to January 4, 2010 before Judge Cormac J. Carney.
Troy Worrell pled guilty and sentencing set for 12/7/2009, but changed to 1/11/2010 before Judge Cormac J. Carney. Leo J Najera pled guilty before Judge Cormac J. Carney. Sentencing set for 6/15/2009, now scheduled for January 25, 2010 before Judge Cormac J. Carney. Documents sealed Les Spitzer also known as Guy Amsalem pled guilty before Judge Cormac J. Carney. Sentencing set for 6/15/2009 but now changed to 1/25/2010 11:00 AM before Judge Cormac J. Carney. Documents sealed. Geoffrey Silver to the charge of conspiracy to appear before Judge Cormac J. Carney 6/8/2009, now changed to Sentencing hearing to 2/25/2010 11:00 AM before Judge Cormac J. Carney. Documents sealed. Court records show that he has been granted permission to travel throughout the United States. Brian Sime also known as Joe Turner also known as Tonga Title 18:1014 FALSE STATEMENT TO FINANCIAL INSTITUTION: 18: 2(b) CAUSING AN ACT TO BE DONE (1) Public Defender reassigned. Documents sealed. Sentencing was set for 6/22/2009 but changed to 3/8/2010 09:00 AM before Judge Cormac J. Carney. Documents sealed
Notably absent in court records is John J. Callaghan, 38, of Warminster, Pennsylvania, who worked at Citicapital. Allegedly there were three or four CitiCapital bank officers named. According to a CitiCapital press release three were dismissed. They are not named, nor allegations that the fraud was higher up in administration.
Here are those originally named by the FBI and US Attorney's office: (1) Part II-"Inside Lease Fleece"--- by Christopher Menkin
(2) Adam Zuckerman: the man behind Lease Fleece?
-------------------------------------------------------------- Letters! We get Email~! (most chronological) "CIT should have stayed in it's core businesses, equipment financing being one of them. According to insiders, the leasing broker generated portfolio of equipment finance contracts was one of it's most profitable divisions. Instead, it cut off all it's brokers, closed it's broker program, and went into sub-prime residential mortgages and student loans and got creamed. "Just another greed story." (name with held) -----------
"This goes to confirm your story about 2 Orange County leasing companies that were listed in the 7/13/2009 bulletin board complaint. "All sales reps that are on inbound lead program are REQUIRED to close $1000 worth of none commissionable doc fee's to assist with generating enough income to continue marketing at current levels. Company strategy will be to close transactions that are very challenging to get completed, if they do not get approved the check will be returned quickly less a $250 processing fee. Four checks a month @ $250 doc fee per deal, $1000. "Minimum funding requirements for company before circuit breakers are activated " As many of you know the current credit environment is extremely challenging not just for the company but for each of you individually. Since January the company has continued to operate in an unprofitable manner and unfortunately the only bail out we can receive is one that the company generates internally. Currently we are in the process of eliminating our ******* office and the expenses associated with that, which will be an important step. Secondly we have put a hiring freeze on both administrative support and new sales personnel till July. Cutting any administrative staff would harm service levels and ultimately cost us more money than we would save.. Thirdly we are trying some new avenues of marketing to generate leads that will cost the company less money but continue to generate deals.. Lastly the sales team has to step up to do their part and contribute should the company continue to suffer losses in future months. The following is the companies new policy regarding minimal production from sales force before commissions are adjusted. "Circuit Breaker #1-Should the sales force only fund an average of $6k per sales person or less each sales person on full commission will be paid 10% less on their first 5k in GM if they have not funded their quota for the month. Salary plus commission sales reps would receive only 5% instead of 10% on their fundings. "Circuit Breaker #2-Should the sales force only fund an average of $6001 to $7500 per sales person, each sales person on full commission will be paid 5% less on their first 5k in GM if they have not funded quota for the month. Salary plus commission sales reps would receive only 7.5% instead of 10% on their fundings. "So to explain how this will work going forward in May. For the month of may the company will have 21 sales reps generating business. Should the company fund less than $126,000 in GM #1 circuit breaker will be enacted by accounting. Should the company fund less than $157,500 in GM #2 circuit breaker will be enacted by accounting." -----
"I've read this posting thrice and remain baffled: "'.............Since the Top 25 Most Influential in Leasing was well received, it is time to salute the women who have contributed to the finance and leasing industry… They also should meet the caliber of those nominated. To start the list, here are the women who made it to the Top 25 Most Influential in Leasing:...............' Does this mean that following the selection of the women, you will then run another for 'Influential Men' to retain 'Gender Balance'?" (name with held) (A male reader who complimented Leasing News on the "Top 25 Most Influence in Leasing" suggested one for women in the industry. I thought it was a very good idea to recognize women and their influence in the leasing industry. One day they may get equal pay and recognition with men. Editor.) --- "There was a day when we discounted to 12+ sources. Now majority falling into true broker channels. Our biz activity picking up lately but still 45 percent off lst years pace. " (name with held) --- Back in early June you predicted business was going to be dead through August. It looks like your predictions are correct. Are you hearing anything positive from brokers out there? I spoke to a friend who works in a 10 person shop and he said 50% have zero for the month and the other 50% of the sales reps have 1-8k in. I cannot see how anyone is prosperous. Eric Desmond edesmond@atlanticfundingco.com ---
"I thought you had deleted US Bank Manifest from the "Small Ticket Market Continues to Shrink" story because of the cutbacks there. we were told first hand in early JUNE, by US Bank/Manifest, that they had cut-reallocated-reassigned almost 60% of their staff on the leasing side, and in turn were cutting relations with up to 60% of their brokers, who did not have 70% approval ratio, 60% fund ratio, and acceptable (less than 3%) delinquency on the books with them. "Basically, they did not have the manpower to service brokers that were sending in "declines" - even though they had tightened up their credit window substantially from a 670 fair Isaac to a minimum 710, and implemented the most drastic credit changes of any funding source I am aware of. I feel bad for those brokers that got cut, some of them having relations dating back to early 1990's, and the loyal employees. " (Actually, it was an oversight as explained. US Bank Manifest is a long time small ticket funder. First the Navigator program with Pentech folded, then there were several realignments up-top, reported by Leasing News. In the month that followed, several employees were told they were let go as US Bank Manifest was cutting back, but Leasing News could never official confirm it. There also is a strong alumni still active in leasing. (What you are observing is happening in the industry, thus the list of funders no longer accepting broker business. For years, independents have stated it costs the funder nothing to have a broker working for them and therefore the company was better off. The fact is there not only is processing costs, but in today's marketplace, more brokers are not making approval guidelines, let along booked to approve ratios. Editor) -----
"The Leasing News about our move, and including the part that we are looking for new broker business. I had 6 e-mails waiting for me this morning from brokers that read the article and are looking to establish a relationship. You have a great circulation that gets out to a lot of people! "Thanks once again for the positive publicity that you have given us in the Leasing News today. We had over 25 new broker inquiries that were driven by this today!"
Steve Crane, CLP --- From you and from the whole NorVergence story I learned more than anybody who did five years of school in economy.
Gianni Fiorini Aut Viam Inveniam Aut Faciam - "I'll Either Find a Way or Make One" --- "I have never before written to you to complain about the content of your newsletter (which I have followed for many years), but your not-so-subtle "cartoon" regarding Mike Leichtling's advice to Rudy Trebles is truly reprehensible. IFC's modus operandi is well known in the industry. To underhandedly malign Mike's integrity as a lawyer and counselor, however, cannot be overlooked by those of us who have known him and worked closely with him for decades. "You either don't know him or, worse, are making gross assumptions due to his formal relationships. If anything, it makes me question both your motives and your integrity. At the very least, you owe Mike a personal apology. More appropriately, you should apologize to him publicly in your newsletter." Disappointedly,
Jerry Sprole (This type of bully letter instigated by Rudy Trebels attorney, who is also a public figure appearing on Equipment Finance and Leasing Association panels on fraud and ethics fits the cartoon perfectly. Editor)
April 9, 2009 Via First Class Mail and E-mail
Mr. Christopher Menkin Re: Leasing News
Dear Mr. Menkin: Leasing News holds itself out to the leasing industry and to the general public as a source for "Independent unbiased and fair news about the Leasing Industry." This representation is false and deceptive as Leasing News is in fact the opposite of what it purports to be. You are not simply the "Publisher/Editor" of Leasing News, but also the principal of American Leasing L.P. ("American Leasing"), a commercial enterprise which has been involved in the leasing business for many years and is a competitor of IFC and others in the industry. Notwithstanding your self-serving "Policy Statement" for Leasing News that American Leasing is "a separate company" and that you purportedly strive to "keep both companies distinct entities to avoid any journalistic conflicts", this inherent conflict is irreconcilable. False, inaccurate, defamatory, and disparaging statements about IFC, Mr. Trebels and others in the leasing industry can only serve to injure them and benefit you and American Leasing. Leasing News published numerous articles and statements about IFC and Mr. Trebels, none of which can be reasonably characterized as "independent," "unbiased," or "fair." We note with interest that your publication highlights that it has an independent "Board of Advisors". The Board of Advisors includes active participants in the leasing industry, including several members who compete with IFC and others in the industry. Just as surprising and of concern is the fact that the Board includes individuals with extensive backgrounds in journalism and reporting. Given the observations in this letter, it is disconcerting that these leasing and news advisors support your claim that your publication and its content are independent, fair and unbiased. Further, articles and statements about IFC and Mr. Trebels published by you in Leasing News have damaged and will continue to damage the business reputations of IFC and Mr. Trebels. Readers of your publication have been defrauded and are being misled as to your motives and intentions in writing and circulating such articles. We note that Leasing News claims it substantiates all submissions before publication. A truly journalistic publication should be held to the highest standard of accuracy, and we believe that Leasing News has failed this standard as to IFC, Mr. Trebels, and others in the industry. It is clearly wrong and unfair for you to simply repeat disparaging rumors, speculative gossip and innuendo or to publish inflammatory exaggeration as "unbiased facts" or "news" and accordingly we request that you cease and desist making such statements. If you have independent support or legitimate sources that accurately substantiate your claims regarding IFC or Mr. Trebels, please identify them for us. We welcome the opportunity to evaluate them and stop any misrepresentations regarding IFC or Mr. Trebels at their origin. The false portrayal of Leasing News as a news outlet is an unfair and fraudulent business practice, and constitutes unfair, deceptive, untrue or misleading advertising under California Bus. & Prof Code § 17200, et seq., inter alia. Accordingly, we also request you immediately cease and desist from portraying Leasing News as "Independent unbiased and fair news about the Leasing Industry" and that your role as a long-time participant in the leasing industry be prominently and appropriately disclosed on your website and publication. Please be reminded that should you fail to promptly remedy these deceptive and unfair business practices, our clients intend to enforce any and all rights available to them including legal action against you. Nothing contained herein should be construed as a waiver of any of our clients' rights and remedies, which are expressly reserved. Very Truly Yours, Jason S. Harley
cc: Leasing News Board of Advisors -------------------------------------------------------------- Phoenix, Arizona, Tuesday, July 28th Networking Networking and... The Arizona Equipment Leasing Association invites you to join us for a networking session with selected funders and your peers followed by an evening of baseball with the Arizona Diamondbacks Meeting and Networking: Tuesday July 28, 2009 5:00 p.m. The Old Spaghetti Factory Followed by: Arizona Diamondbacks vs. the 2008 World Champion Philadelphia
Phillies We need your early reservation and payment to get the correct ticket count for the game!!! Fee: $25 payable prior to June 30, 2009. Price includes, networking with peers and funders, heavy hors deurves, drink ticket and a ticket to ride the new Metro to the game AND a game ticket. There is plenty of FREE parking behind the restaurant. RSVP/Registration form to mark@mtechcapital.com -------------------------------------------------------------- Classified ads-Leasing Attorneys
Posting is free:
-------------------------------------------------------------- Fernando's View Fans will flock to "Harry Potter" in theaters and "Watchmen" on DVD, but this week also brings a variety of smaller gems (including "In the Loop" and "The Great Buck Howard") which also deserve attention. In Theaters: Harry Potter and the Half-Blood Prince (Warner Bros.): For the legions of fans of author J.K. Rowling, every new "Harry Potter" movie is nothing less than an event. They will not be disappointed by the latest entry in the franchise, which continues the phenomenally successful alchemy of coming-of-age drama, cozy British whimsy, and colorful special-effects. Harry Potter (Daniel Radcliffe), Ron Weasley (Rupert Grint) and Hermione Granger (Emma Watson) are back at Hogwarts School of Witchcraft and Wizardry, but the excitement over their fast pangs of romance and the arrival of a new professor (Jim Broadbent) are short-lived, as the evil Lord Voldemort and his minions return to put the heroes' magic powers to the test. Admirers of the previous movies will be enthralled. In the Loop (IFC Films): Comedy about serious subjects is a delicate balancing act, but director Armando Iannucci and a stellar cast succeed in creating an acerbic political satire out of grim issues. In a situation as volatile as war, misunderstanding can be disastrous, and that's just what happens when a British minister (Tom Hollander) unwittingly supports an upcoming war during a radio interview. Suddenly, the meek government official finds himself being shuffled back and forth between London and Washington, D.C., where he's questioned by doves (James Gandolfini) and hawks (David Rasche) alike. Expanded and enriched from a tart BBC sitcom, the movie works as both a very funny look at celebrity politicians and as a droll analysis at governmental issues. New on DVD: Watchmen (Warner Bros.): One of the decade's most highly anticipated projects, the movie version of Alan Moore's highly acclaimed graphic novel series brings plenty of action and visual extravagance to the screen. Following a group of superheroes in an alternate America, the plot portrays a world in which superhuman powers play a large role in everyday life, as well as in shadowy conspiracies. When one of his former colleagues is mysteriously killed, masked avenger Rorschach (Jackie Earle Haley) begins an investigation that involves superheroes such as Dr. Manhattan (Billy Crudup), Silk Spectre II (Malin Akerman) and Nite Owl II (Patrick Wilson). It's up to the fans to decide if director Zack Snyder ("300") has faithfully captured the spirit of the series, though audiences just looking for a thrilling yarn will surely be satisfied. The Great Buck Howard (Magnolia): Though it quickly vanished at the box-office, this light, modest and charming comedy deserves to find an audience on DVD. Buck Howard (John Malkovich, in a juicy comic performance) is a has-been mentalist whose days of Las Vegas fame are thought to be behind him. That is, until he meets Troy (Colin Hanks), a bright young law school dropout who takes upon him to manage the fading but sill pompous star during a road tour and get him back into the limelight. Though director Sean McGinley doesn't dig too deep into the world of show-business, his touch is warm-hearted and the cast (which also includes Tom Hanks, Emily Blunt, and Steve Zahn) works up some genuine magic. Grey Gardens (HBO): Truth really is stranger than fiction. In the early 1970s, an elderly woman named Edith Bouvier Beale and her middle-aged daughter "Little Edie," both alleged relatives of the Kennedys, were found living in a decaying mansion full of cats and raccoons. They were the subject of an unsettling 1973 documentary, but in this terrific made-for-cable production the same story becomes a highly enjoyable fable that mixes offhand tragedy and compassionate comedy. Director Michael Sucsy does an eerily accurate job at re-creating many of the original documentary's images, but it's the remarkable performances by Jessica Lange and Drew Barrymore which lift the movie toward greatness (and which will deservedly be remembered at the Emmys). --------------------------------------------------------------
Impacting Performance Metrics That Matter The senior executives at a new client organization we recently began working with understand the three business performance metrics that really matter, and how to improve them. They also know that improving any of these metrics can deliver unexpected bonuses for the business. These forward-thinking executives know that at the end of the day there are three crucial performance metrics that comprise the three legged stool that supports all business enterprises. Every organization, large and small, should closely monitor three metrics that really matter:
- customer satisfaction Interdependent Metrics Think of these metrics as interdependent. A positive or negative change in any one metric will affect at least one other metric, and probably both. Mismanagement of these crucial performance metrics can tank a marginal business and severely damage even the most successful enterprise. Facing a decline in customer satisfaction rating, our client's executive team set a strategic objective to improve this crucial performance metric. They bet company resources on the notion that training and educating employees was a key to improving customer satisfaction among the 800 customers they survey every year. It's hard to argue with our client's reasoning when they increased their customer satisfaction rating from 94% to 98% in one year. The company's CEO credits a commitment to employee training and education with delivering these tangible business results:
- an increased ability to satisfy customers In this case, improving one crucial performance metric - customer satisfaction - impacted the other two metrics. More satisfied customers meant improved employee satisfaction as evidenced by markedly reduced employee turnover at the company. It should be no surprise that in a well-managed company, increased revenue affected the third crucial performance metric - cash flow. Surprise Benefits The senior executives were pleasantly surprised that a decrease in employee turnover also resulted in an increase in the company's management bench strength. This allowed the executives to conduct more effective succession planning. The CEO believes that the company's bench strength is increased with every class taken by employees. This client's increase in customer satisfaction, employee satisfaction and cash flow occurred in a brutally competitive industry and in the middle of a mega-recession. Facing continuous, relentless pressure on margins and the specter of potential government involvement, regulation and interference in their industry, our client's senior managers are convinced that cultivating knowledge workers will help the company navigate an increasingly volatile economy in the future. In today's ruthlessly competitive business environment there is a natural tendency to examine every corner of business operations and to maximize efficiency and eliminate unnecessary costs. The trick for senior managers is to never lose focus on any of the three crucial performance metrics that really matter for all businesses. Our new client has proven that a "learning organization" is a powerful offensive weapon in meeting the challenges of improving customer satisfaction, employee satisfaction and cash flow. Steve Chriest is a well-respected management and sales consultant who specializes in helping organizations develop comprehensive sales processes that integrate strategy, training, sales tools and management systems to improve sales revenue. He is the founder of Selling-UpTM, a San Francisco-based sales improvement consulting firm. He developed Selling-Up's exclusive Sales Management Operating SystemTM and is publisher of Sales Journal, a monthly sales strategy publication for an E-suite audience. Steve created Selling-Up's most popular educational offerings, including Strategic Sales RoadmapTM and online courses such as Profits and Cash - The Game of Business and Assertive Negotiating. Steve is a regular contributor to executive-level publications such as Customer Think and Customer Management IQ. Steve recently completed his first book, Selling The E-Suite, The Proven System For Reaching and Selling Senior Executives, in which he translates his experiences as a CEO into a practical guide for selling to senior executives. Steve can be reached at: schriest@selling-up.com -------------------------------------------------------------- ### Press Release ############################### CIT Pursuing Financing Alternatives NEW YORK--(BUSINESS WIRE)--CIT Group Inc. (NYSE: CIT), a leading provider of financing to small businesses and middle market companies, today announced that its Board of Directors and management, in consultation with their advisors, are continuing to evaluate alternatives to improve the Company's liquidity. CIT is in discussions with potential lenders to secure financing. The Company is continuing to serve customers. CIT appreciates the strong support it has received from many of its 1 million small business and middle market customers, industry associations and dedicated employees. Individuals interested in receiving future updates on CIT via e-mail can register at http://newsalerts.cit.com About CIT CIT (NYSE: CIT) is a bank holding company with more than $60 billion in finance and leasing assets that provides financial products and advisory services to small and middle market businesses. Operating in more than 50 countries across 30 industries, CIT provides an unparalleled combination of relationship, intellectual and financial capital to its customers worldwide. CIT maintains leadership positions in small business and middle market lending, retail finance, aerospace, equipment and rail leasing, and vendor finance. Founded in 1908 and headquartered in New York City, CIT is a member of the S&P 500 and Fortune 500. www.cit.com -------------------------------------------------------------- ### Press Release ############################ Alta's Legal Leasing Forum to Address World Economic Crisis In 2-Day Conference In Miami, Aug. 13-14 MIAMI, FLA---The Alta Group is holding its second Latin American Legal Leasing Forum here Aug. 13-14 to examine the latest developments in global equipment leasing and finance in light of current legal challenges in the world economic crisis. The event attracts legal counselors and business executives who are doing business in the Americas. Speakers include executives from Chile, Brazil, Mexico, Venezuela, Costa Rica and Colombia as well as the United States. The agenda includes interactive sessions for sharing experiences, a case study presentation on syndicated leasing and presentations on topics ranging from risk management and negotiating credit agreements to dispute resolution and bankruptcy issues. Key speakers include a representative from Unidroit, several Alta consultants, banking and regulatory authorities and senior executives representing leading financial organizations operating in Latin America and in the United States. The various experts will be informative on the current regulatory trends as well as the latest applications of leasing laws worldwide. "The objective is to provide the best practices of the global leasing industry in all aspects connect to the law," Rafael Castillo Triana, managing principal of the Latin American Division (LAR) of Alta. The two-day program is hosted by the Alta LAR and Professional Development divisions. For more information visit http://www.thealtagroup.com. It will be held at the Miami To register go to www.123signup.com/register?id=jqrnb or call 1 (305) 931-2748. (email: Ricardo.munoz@thealtagrouplar.com.) About The Alta Group The Alta Group is a global consultancy serving equipment leasing and finance companies, investment professionals, manufacturers, banks, and government organizations. Founded in 1992, The Alta Group supports clients in North America; Latin America; Western, Central and Eastern Europe; Australia; and China. For more information, please visit http://www.thealtagroup.com. #### Press Release #############################
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Today's Top Event in History 1980- Ronald Reagan formally accepts Republican nomination for president. George Bush of Texas , former ambassador to the UN and former director of the CIA, was nominated for the vice-presidency. The Democratic National Convention in August then President Jimmy Carter and vice-president Walter Mondale for vice-president. Carter defeated Sen. Edward M. Kennedy of Massachusetts by a margin of nearly two to one. In November, Reagan gets 489 electoral votes to President Carter's 49, carrying 44 states with a popular vote of 42,797,153 to 34,434,100 with John Anderson, an independent candidate picking up 5,533,927. Republicans picked up 12 Senate seats for a 54-46 majority, one independent. In the House, the Democrats lost 33 seats but kept a majority of 242-192, one seat independent. [headlines] This Day in American History
1763-birthday of John Jacob Astor, Germany , fur trader become banker,
at one time, the richest man in US. -------------------------------------------------------------- Baseball Poem THE GRAVITY OF MEMORY
You knew just where he was going
Written by Tim Peeler -------------------------------------------------------------- SuDoku The object is to insert the numbers in the boxes to satisfy only one condition: each row, column and 3x3 box must contain the digits 1 through 9 exactly once. What could be simpler? http://leasingnews.org/Soduku/soduko-main.htm -------------------------------------------------------------- Daily Puzzle How to play: Refresh for current date: -------------------------------------------------------------- http://www.gasbuddy.com/ -------------------------------------------------------------- Weather See USA map, click to specific area, no commercials -------------------------------------------------------------- Traffic Live--- Real Time Traffic Information You can save up to 20 different routes and check them out with one click, -------------------------------- |
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