Add me to mailing list | Change email  Search
Advertising | All Lists | Archives | Classified Ads | This Day In American History

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

kitmenkin@leasingnews.org
   

 


Orange, California
Legal Coordinator

Minimum 5 years' experience in legal collections.
The Legal Coordinator will be responsible
for collecting, coordinating and processing all
collections referrals of commercial loan agreements
to outside third party agencies and law firms.
Click here for more information.
 Please send resume and cover letter to: acole@quickbridgefunding.com

www.quickbridgefunding.com
Quick Bridge Funding provides working capital loans
to small and mid-sized companies throughout
the United States. With an innovative program
we provide capital to an to an under-served market.



Monday, March 3, 2014


Today's Equipment Leasing Headlines

US Attorney Indicts EAR President Mark Anstett
 and Two Others for $100 Million Leasing Fraud
  Classified Ads---Operations
Tax Proposal Talk Affects Leasing
 by Shawn Halladay, The Alta Group
4th and 5th Bank Failure this Year
 Pennsylvania and Virginia
  Classified Ads---Help Wanted
   “How Do I Assess My Potential Supervisor?”
     Career Crossroad---By Emily Fitzpatrick/RII
Leasing 102 by Mr. Terry Winders, CLP
 Commencement of Liability
  Usury and Choice of Law Provisions in Leases
   By Tom McCurnin, Leasing News Legal News Editor
    How Dinosaurs Became Extinct
     Meet Leasing News Advisor Don Myerson
      Top Stories February 25 - February 27
       GreatAmerica Completes 13th Term Securitization
      Labrador Retriever
       Salt Lake City, Utah Adopt-a-Dog
News Briefs---
Comptroller of Frontier Leasing Embezzles $4.9 Million
 Bank branches vanishing in small towns
  Oscar Winners Big Night

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months

www.leasingcomplaints.com (Be Careful of Doing Business)
www.evergreenleasingnews.org

  You May have Missed---
   SparkPeople--Live Healthier and Longer
  Poem
    Sports Briefs---
      California Nuts Brief---
       "Gimme that Wine"    
          This Day in American History
         SuDoku
           Daily Puzzle
             GasBuddy
               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.

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

Please send to a colleague and ask them to consider subscribing.
We are free.



[headlines]

--------------------------------------------------------------

US Attorney Indicts EAR President Mark Anstett
and Two Others for $100 Million Leasing Fraud

Update Follows Press Release


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

An owner of a bankrupt Palatine, Illinois, company that sold refurbished semiconductor-making machinery and the owner of a Pennsylvania company that sold machine tools were indicted for allegedly engaging in a scheme to fraudulently obtain approximately $190 million from banks and financing companies and, eventually, causing those lenders to lose at least $100 million.       

One defendant, MARK ANSTETT, 58, of Lake Forest, was president and co-owner of Equipment Acquisition Resources, Inc., (EAR), of Palatine, which purported to make semiconductor wafers and refurbish machinery used to make semiconductor wafers. (1) His co-defendant, GEORGE FERGUSON, 69, of Carlisle, Pa., was owner and president of the former Machine Tools Direct, Inc., (MTD) of Carlisle.  A third individual, Sheldon Player, who hid his involvement and role at EAR and whose wife was a co-owner, was named as an unindicted co-conspirator.  Player, who lived in Chicago before moving to Wyoming, died last November.   (2)   

Anstett and Ferguson were each charged with five counts of wire fraud, four counts of bank fraud, and one count of mail fraud in a 10-count indictment returned by a federal grand jury yesterday and announced today.  They will be ordered to appear for arraignment on a date to be determined in U.S. District Court in Chicago.       

The indictment also seeks forfeiture of approximately $190 million.       

According to the indictment, between 2006 and October 2009, Anstett, Ferguson, Player, and others used EAR and MTD to fraudulently obtain approximately $190 million in financing from various lenders based on false representations about EAR’s business operations, financial status, independence from MTD, and need for financing. These misrepresentations resulting in losses to those lenders of at least $100 million.  The defendants allegedly obtained financing for EAR to purchase equipment from MTD, and arranged sham sales transactions between the two companies, knowing there were no actual sales.  Anstett, Ferguson, and Player falsely represented to lenders that EAR and MTD were separate companies engaged in arms-length sales transactions, the indictment alleges. However, after MTD received financing payments from lenders, Ferguson’s company sent most of the proceeds to EAR so that EAR could use the money to make payments on other loans.       

In addition to the indictment, the United States today filed a civil lawsuit in Federal Court in Chicago to forfeit a bed and breakfast inn in Hoback Junction, Wyo., where Player lived. (3) According to the civil complaint, MTD transferred fraud proceeds it received from lenders to various EAR bank accounts, which were then transferred to other accounts, including a joint account of Player and his wife and another account Player controlled.       

Player allegedly used proceeds of the EAR fraud scheme to pay down mortgages on the bed and breakfast.  Between 2006 and May 2008, he used approximately $1.8 million in fraud proceeds to pay off two mortgages, making the property subject to forfeiture, according to the civil suit against the premises.                

Each count of mail, wire, and bank fraud carries a maximum penalty of 30 years in prison and a $1 million fine, and restitution is mandatory.  If convictions are obtained, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.        

The indictment and forfeiture complaints were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Robert J. Holley, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and John Lucas, Special Agent-in-Charge of the Federal Deposit Insurance Corp., Office of Inspector General in Chicago.        

The government is being represented by Assistant U.S. Attorney Jason Yonan.       

The public is reminded that an indictment contains only charges and is not evidence of guilt.  The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

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

Update

Anstett filed personal bankruptcy. After EAR, he started InSpec Global Technologies, LLC. “…acquires and sells pre-owned equipment, refurbishes equipment, offers peripherals and parts. Warranty and support included. Come back often to view our current inventory."
http://leasingnews.org/archives/July2010/7_28.htm#alert_inspec

Not named was Player’s wife who also was president at a time, and went by the name “Dorothy Malone.” She also filed bankruptcy. They also signed as personal guarantors on leases and loans for EAR.

The FBI began their investigation in January, 2010:
http://leasingnews.org/archives/Jan2010/1_11.htm#fbi

  1. Anstett’s Linkedin.com biography states: “June 1995 – October 2009 (14 years 5 months) Ran the equipment purchasing and selling division of the company and managed the engineering and customer support staff.”
  2. Confirmed: Sheldon Player Passed Away Nov. 13, 2013 http://leasingnews.org/archives/Jan2014/1_23.htm#confirmed
  3. Twin Mountain River Ranch, Wyoming story
    http://leasingnews.org/archives/Apr2012/4_27.htm#player


All articles:
http://www.leasingnews.org/Conscious-Top%20Stories/Sheldon_Player.htm



[headlines]
--------------------------------------------------------------

Classified Ads---Operations

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


Dallas/Fort Worth or Will Work Remotely

Active CLP/BPB Leasing Superstar! Unmatched work ethic and positive energy - strong attention to detail - have taken transactions from application through funding.  Have worked as both broker & funder.  Problem solver - strong sales and customer service personality.  I keep the deals moving and alive!  Will relocate for the right opportunity.   laura.noblin@gmail.com

Want To Work From Home
Have 10+ years in readying Lease Origination Documentation, Litigation case mgmt., Collection, Repossession, Remarketing, complete Discovery and Interrogatories, attend Trials and Mediation, prepare and submit SAR’s, translate for Spanish speaking customers, clients and employees, monitor high risk accounts for monetary penalties, bankruptcy management. Email: BRFR@ATT.NET

Willing to relocate
Having successfully held senior level operations and sales & marketing positions in the receivable management industry, I'm a hybrid who understands business from both perspectives. I have almost twenty-five (25) years’ experience selling services to Fortune 500 companies and operating large, nationally licensed call centers / collection agencies.
dannyczyrny@gmail.com - Resume


Free Posting for those seeking employment in Leasing
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

 

[headlines]
--------------------------------------------------------------

Tax Proposal Talk Affects Leasing
by Shawn Halladay, The Alta Group


There has been some tax reform noise out of Washington recently, as House Ways and Means Committee Chairman Dave Camp (R-MI) has proposed The Tax Reform Act of 2014.  Although it makes a lot of changes, the highlights for the leasing industry include the elimination of MACRS (replaced by straight line depreciation), the lengthening of depreciable lives and the repeal of the AMT.  The maximum corporate tax rate would drop to 25 percent, but the §179 deduction would increase to $250,000. 

These proposals won’t go anywhere because they kill so many tax breaks, but it does provide some interesting insights as what is being thrown on the table for consideration.

Shawn Halladay, Managing Director
www.thealtagroup.com
801.322.4499 direct
801.322.5454 fax
801.597.6147 mobile 
Global Experience Provides Direction



[headlines]
--------------------------------------------------------------

4th and 5th Bank Failure this Year
Pennsylvania and Virginia


The number of banks on the FDIC's "Problem List" declined from 515 to 467 during the quarter. The number of "problem" banks is down by almost half from the recent high of 888 at the end of the first quarter of 2011.

For all of 2013, there were 24 failures, compared to 51 in 2012. The 4th and 5th bank failures of this year perhaps should have been closed last year or maybe even the year before.


The three offices of Millennium Bank, National Association, Sterling, Virginia, were closed with WashingtonFirst Bank, Reston, Virginia, to assume all of the deposits. Founded April 1, 1999, the bank had 23 full time employees at their offices in Herdon and Sterling, and a production unit also in Sterling.

2007, they had 82 full time employees.
2008, 58 full time employees.
2009, 49 full time employees.
2010, 40 full time employees.
2011, 27 full time employees.
2012, 24 full time employees.

Tier 1 risk-based capital ratio -0.78%

In the last eight years, the bank never made a profit:

(in millions, unless otherwise)

Profit
2006 -$164,000
2007 -$9.8
2008 -$16.4
2009 -$12.0
2010 -$6.0
2011 -$5.4
2012 -$2.2
2013 -$4.8

Net equity went from $45.1 million to a minus $3 million.

(in millions, unless otherwise)

Net Equity
2006 $45.1
2007 $36.8
2008 $18.6
2009 $10.5
2010 $3.6
2011 $787,000
2012 -$81,000
2013 -$2.984

Non-Current loans were high as well as charge offs.

Non-Current Loans
2006 $3.4
2007 $23.9
2008 $10.1
2009 $10.3
2010 $6.4
2011 $4.5
2012 $4.4
2013 $2.6

Charge Offs
2006 -$72,000 (-$72,000 construction/land)
2007 $1.6 million ($1.1 million commercial/industrial, $293,000 1-4
family res., $194,000 const./land, $12,000 individual)
2008 $4.8 million ($1.2 million construction/land, $1.1 million
nonfarm/nonres., $931,000 multifamily, $106,000 individual)
2009 $4.4 million ($1.8 million construction/land, $874,000 multifamily, $960,000 commercial/ind., $811,000 nonfarm/nonres., $3,000 individual)
2010 $2.7 million ($1.6 million construction/land, $853,000 1-4 family, $120,000 commercial/inds., $90,000 nonfarm/nonres., $30,000 other loans)
2011 $1.5 million ($1.6 multifamily million, $79,000 construction/land, -$102,000 commercial/ind., $1,000 individual)
2012 $358,000 ($407,000 1-4 family, -$49,000 commercial/ind.
2013 $525,000 ($605,000 commerical/ind., $33,000 multifamily,
-$113,000 nonfarm/nonres., -$80,000 construction/land)

Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans.

As of December 31, 2013, Millennium Bank, N.A. had approximately $130.3 million in total assets and $121.7 million in total deposits. WashingtonFirst Bank will pay the FDIC a premium of 1.00 percent to assume all of the deposits of Millennium Bank, N.A. In addition to assuming all of the deposits of the Millennium Bank, N.A., WashingtonFirst Bank agreed to purchase essentially all of the failed bank's assets.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $7.7 million.

http://www.fdic.gov/news/news/press/2014/pr14016.html


Vantage Point Bank, Horsham, Pennsylvania was closed with First Choice Bank, Mercerville, New Jersey, to assume all of the deposits. Founded December 24, 2007, the bank had 42 full time employees year-end 2013. In 2012, there were 238 full time employees when David Bezar took over as CEO.

Tier 1 risk-based capital ratio : 1.85%

Walter Tilman in April, 2012 left his position as CEO, turning day-to-day operations over to David Bezar, who was the bank’s founding president, since it opened in 2007 in Fort Washington.


David Bezar

The Philadelphia Business Journal on April 13, 2012, reported: “Bezar does not have any experience running a bank. Before teaming with Tillman to start Vantage Point in 2007, he spent 18 years running Fort Washington, Pa.-based Wealth Partners, which sells investment products to the mass consumer market. But he said he has learned a great deal over the past five years and completed the graduate program of the Stonier School of Banking at the University of Pennsylvania. And he is hiring new members for the banking team, including a new chief lending officer who he declined to name and is starting later this month.

The first order of business for Bezar will be to relocate the bank’s corporate headquarters and retail branch from Fort Washington to Horsham, Pa. He said Vantage Point was the victim of two floods, including one last August that left the bank without the use of its bottom floor. So it will be relocating the headquarters to an office park at 100 Witmer Drive and the retail branch to 100 Gibraltar Drive — a little more than two miles away from its current location.”http://www.bizjournals.com/philadelphia/blog/jeff-blumenthal/2012/04/bezar-says-hes-ready-to-take-over-at.html

It appears the weather not only affected businesses and housing, but also the bank as the loss went from $2.7 million to $3.8 million in 2013 with non-current loans at a high of $1.8 million and bank equity down to $688,000 from a high of $8.5 million in 2007.

Tier 1 risk-based capital ratio at year-end 2013: 1.85%

(in millions, unless otherwise)

Net Equity
2007 $8.5
2008 $5.8
2009 $7.1
2010 $7.6
2011 $7.5
2012 $4.5
2013 $668,000

Profit
2007 -$1.2
2008 -$2.8
2009 $1.2
2010 -$249,000
2011 -$421,000
2012 -$2.7
2013 -$3.8

Non-Current Loans
2007 0
2008 0
2009 $543,000
2010 $945,000
2011 $1.2 million
2012 $585,000
2013 $1.8 Million

Charge Offs
2007 0
2008 0
2009 0
2010 $435,000 ($424,000 commercial/industrial, $11,000 inidividuals)
2011 $28,000 ($30,000 1-4 family, - $2,000 individual)
2012 $630,000 ( $641,000 1-4 family, -$11,000 individual)
2013 $529,000 ($365,000 1-4 family, $97,000 commercial/industrial $67,000 individuals)

Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans.

As of December 31, 2013, Vantage Point Bank had approximately $63.5 million in total assets and $62.5 million in total deposits. First Choice Bank will pay the FDIC a premium of 1.5 percent to assume all of the deposits of Vantage Point Bank. In addition to assuming all of the deposits of the Vantage Point Bank, First Choice Bank agreed to purchase essentially all of the failed bank's assets.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $8.5 million.

http://www.fdic.gov/news/news/press/2014/pr14017.html




[headlines]
--------------------------------------------------------------

Leasing Industry Help Wanted

 


Orange, California
Legal Coordinator

Minimum 5 years' experience in legal collections.
The Legal Coordinator will be responsible
for collecting, coordinating and processing all
collections referrals of commercial loan agreements
to outside third party agencies and law firms.
Click here for more information.
 Please send resume and cover letter to: acole@quickbridgefunding.com

www.quickbridgefunding.com
Quick Bridge Funding provides working capital loans
to small and mid-sized companies throughout
the United States. With an innovative program
we provide capital to an to an under-served market.


Irvine, California Finance/Credit Analyst

Manage lease transactions through the entire credit review, documentation and funding process.
Direct contact with customers’ decision-makers, including CFOs, treasurers, and purchasing managers.
As “deal manager” analyst is responsible for interface with credit, sales, legal and documentation
For more informaton, please click here

www.calfirst.com


 

[headlines]
--------------------------------------------------------------

How Do I Assess My Potential Supervisor?”
Career Crossroad---By Emily Fitzpatrick/RII


Question: In considering an organization as an employer, how do I assess my potential supervisor?

Answer: The relationship with your potential boss is a determinant in your success or failure in your position. Initially, a sense of security is critical in order to ensure success – this can be accomplished if your supervisor has a positive and supportive attitude.

Initially, you will need to know what is expected, and you will need both freedom and guidance to move forward. Additionally, you will need feedback regarding your personal successes and failures, including suggestions for improvement.

Quality supervisors are mature, fair, and self-confident. They understand the need for assistance early in one’s tenure with a company and the need to allow independence as soon as possible. They believe in training and development as a means to advance. Ideally, this person will prepare his/her subordinates for promotion, will be proud of those who have been promoted, and will make sure those that have earned it are recognized by the organization (e.g. awards, bonuses, etc…).

Some Key Elements

  1. Self-confidence
  2. Integrity
  3. Eye contact
  4. Enjoys working for the company
  5. Loves his/her work
  6. She/he speaks of the successes of subordinates
  7. Reasonable performance expectations
  8. She/he is proud of promotions received by his/her subordinates
  9. She/he helps prepare those individuals for promotion

Your success will also be dependent on your relationship with Senior Management

Some Key Elements

  1. Integrity
  2. Speak with pride about your potential supervisor’s accomplishments
  3. Regard your potential boss as a key player
  4. Genuine interest and caring about employees
  5. Organization promotes from within
  6. Appropriate career path
  7. Value succession planning

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
emily@riirecruit.com
Invite me to Connect on LinkedIn
www.linkedin.com/pub/emily-fitzpatrick/4/671/76

Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns
http://www.leasingnews.org/Conscious-Top%20Stories/crossroad.html


[headlines]
--------------------------------------------------------------

Leasing 102
by Mr. Terry Winders, CLP

Commencement of Liability

I have written many times about the importance of documentation upon the commencement of a lease to make sure the liability of equipment performance passes directly from the vendor to the lessee. If the equipment is FOB, the vendor is not liable if an accident happens during shipment.

Once the equipment has left the vendor, the leasing company could be responsible until the lessee accepts the equipment. The lessee will not be responsible, as the equipment is not usually accepted until delivered is completed. Purchase orders need to cover who is responsible for damages or financial recovery until the equipment is accepted by the lessee in good working order, and insurance is in place with the lessor as additional insured and loss payee.

Many issues surround the start of a lease, especially if the equipment needs to be built: delivered in pieces, assembly, and final installation that stretch out the start of the lease. In addition, if interim payments are required, they must be added to the total interest for usury in bargain option leases under Article 9 of the Uniform Commercial Code

The lessor needs to hold back paying for the equipment until the lessee has signed the delivery and acceptance agreement with a statement that says the equipment has been delivered and is working as represented and warranted by the vendor. In the D&A, the lessee accepts responsibility and to be bound by all the provisions in the lease.

Problems exist when the vendor requires progress payments as the equipment is being built. Lessors want to know that the lessee is committed to the lease and will not back out before the equipment is finished. This happens also if the vendor requires payment after delivery but before the lessee has signed the acceptance. Many leasing companies have documents to protect themselves under these circumstances. Don’t just rely on your regular lease document.

I suggest you have a note signed by the lessee for any advance funds required by the vendor. The note can carry an interest rate and can have a security agreement if collateral is required because of the lessee’s credit. The note plus interest can be paid off from the proceeds of the lease. Because this is a cost of construction and becomes part of the equipment cost, it does not get added as interest for usury calculations. This protects the lessor and puts the responsibility on the lessee if they decide to cancel the lease.

One of the most misunderstood documents that should be a requirement on a large lease is the purchase order to the vendor. It contains provisions that must be met before the lessor will pay for the equipment. It also should require the vendor to return any funds paid prior to the equipment delivery if the lessee rejects the equipment.

The lessor should also require in-place insurance prior to payment to the vendor. You do not want title to pass to the lessor until it is covered by insurance, and you do not want title to pass to the lessor until the lessee is committed to the lease.

Short form leases on small ticket leases tend to short change many of the documentation requirements because the equipment is usually small and complete. Small ticket financinng usually does not require construction and can be delivered in a brief period of time. However, any comment that too much documentation will cause the lessee to back away from the lease is a poor excuse to short change proper procedures.

As I have written often, have your lease attorney review your documents and procedures annually, and don’t rely on boiler plate that you took from another lessor, as it may be out of date or worse yet, incomplete.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty-five years and can be reached at terrywinders11@yahoo.com or 502-649-0448

He invites your questions and queries.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm


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.

502.649.0448/terrywinders11@yahoo.com

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


[headlines]
--------------------------------------------------------------

Usury and Choice of Law Provisions in Leases
By Tom McCurnin
Leasing News Legal News Editor

New York and Florida Cases Demonstrate That Choice of Law Clauses May Save the Day in States Where There is No Fundamental Policy of Protecting Borrowers.

“Extra interest signifies extra risk.”
Arthur Wellesley, Duke of Wellington, 1815

Commerce as we know it would probably cease if financing was not available for businesses. And because commerce comes in different flavors, the applicable interest rate should vary, depending on the customer and ultimately, the risk the creditor is taking. That was the Duke of Wellington’s point, and the point of today’s two cases.

In each case, the creditor was taking on additional risk and wanted to yield 18% interest on leased equipment. Both cases had the lease governed by the law in which neither transaction had much of a connection, but in both cases, the creditors prevailed.

Both cases had issues.

Today’s first case, Mitsui Rail Capital, LLC v. American Coal Co., 2013 WL 3227291 (Ill. 2013) involved a lease of railroad cars which upon inspection had collateral damage, and an issue developed over who was responsible, the lessee American Coal, or the lessor, Mitsui. Ultimately, the Court determined that the lessee was responsible, and the lessor sought 18% interest on the damage. The lessee countered with the argument that the lease, made in Illinois was usurious.

The lessor countered with the fact that the lease was governed by New York law, which under the circumstances contained a legal interest rate.

The resolution of the issue is generally governed by a legal treatise (a book) called The Restatement of Conflicts. This treatise provides some general language of legal principles applicable in all States. Without going into a lot of detail, § 187 of the Restatement generally provides that a choice of law provision will be enforced if the target State has some relationship to the transaction and the application of that State’s law does not offend the forum state’s “fundamental policies” in play relative to the subject matter.

In this first case, New York was the home of Mitsui Capital so there was some connection, and the usury law of New York was reasonably consistent with the law of Illinois. Accordingly, the lessor won, and got to charge the lessee 18% interest.

In our second case, the creditor had problems with a pesky State for usury—Florida. Although they strictly enforce an 18% usury rate, the State’s Courts do enforce a choice of law provision if the target State has a connection to the transaction and the law of the target State does not offend a “fundamental policy” of the forum State. Today’s second case, L'Arbalete, Inc. v. Zaczac, 474 F.Supp.2d 1314 (S.D. Fla., 2007) demonstrates how far Florida Courts will go to enforce a choice of law provision. There, the creditor’s interest rate exceeded the 18% cap of Florida, but the document had a choice of law provision to Delaware, which has no usury laws. In entering judgment for the creditor based on the usurious amount, the Florida Court held Florida does not have a strong public policy regarding usury which would outweigh the choice of law provision.

What do these two cases mean for equipment lessors, which often have effective rates over the legal limit?

First, If the lessor is doing business in a debtor friendly State like Florida, use a choice of law provision to a target State which is usury friendly.

Second, The target State in the choice of law provision should be, ideally the lessor’s home State, which ideally would have no usury law, or which the lessor might, because of licensing, be exempt from usury, like California.

Third, The State of California has recently enacted a fundamental policy of protecting its borrowers from usury in the case of Brack v Omni Loan, 164 Cal.App.4th. 1312 (2008). Therefore, any choice of law provision in a California contract which seeks to impose another State’s law on usury might be struck down. This cements the rationale for obtaining a California Lender’s License, because armed with such a license, the California lessor can argue in a State like Florida that California has a fundamental policy of protecting borrowers, and since the lessor is licensed, it should be the law of California that applies.

The bottom line to these cases is that extra risk in deals deserves extra interest, but before creditors routinely put a choice of law provision in their lease, and hope that every State will honor them, some thought has to go into the process when entering debtor friendly States, like Florida and Illinois.

Mitsui Case 1
http://www.leasingnews.org/PDF/MitsuiCase1_2014.pdf

Mitsui Case 2
http://www.leasingnews.org/PDF/MitsuiCase2_2014.pdf


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
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

 

Irvine, California Finance/Credit Analyst

Manage lease transactions through the entire credit review, documentation and funding process.
Direct contact with customers’ decision-makers, including CFOs, treasurers, and purchasing managers.
As “deal manager” analyst is responsible for interface with credit, sales, legal and documentation
For more informaton, please click here

www.calfirst.com



[headlines]
--------------------------------------------------------------

 




[headlines]
--------------------------------------------------------------

Meet

Leasing News Advisor
Don Myerson 




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

I was born and raised in Chicago.

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

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

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

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

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

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

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

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

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

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

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

Info Marketing, Inc. started 1987 and sold 1990

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


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

 




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



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

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



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


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


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


(The real Myerson family!!!)


[headlines]
--------------------------------------------------------------

Top Stories February 25 - February 27
(You May Have Missed One)


Here are the top stories opened by readers:

(1) Balboa Capital Top Salesmen Leave to Start Own Company
by Christopher Menkin
http://leasingnews.org/archives/Feb2014/2_25.htm#balboa

(2) Balboa Capital Salesmen Start Regents Capital
by Christopher Menkin
http://leasingnews.org/archives/Feb2014/2_27.htm#balboa

(3) The Controversy Today about Dun & Bradstreet
by Bernie Boettigheimer, CLP, Lease Police
http://leasingnews.org/archives/Feb2014/2_27.htm#controversy

(4) Allstate Leasing Joins Funder List “A”
and Funders Looking for New Broker Business
http://leasingnews.org/archives/Feb2014/2_25.htm#allstate

(5) New Hires---Promotions
http://leasingnews.org/archives/Feb2014/2_27.htm#hires

(6) Plastic Credit Card Processing Industry on the Way Out?
by Christopher Menkin
http://leasingnews.org/archives/Feb2014/2_25.htm#plastic

(7) Ascentium Capital Opens Orange County Office
http://leasingnews.org/archives/Feb2014/2_25.htm#opens

(8) Leasing 102 by Mr. Terry Winders, CLP
Accounting for Sales 2014
http://leasingnews.org/archives/Feb2014/2_25.htm#accounting

(9) FSG Leasing, Inc. is now FSG Capital, Inc.
http://leasingnews.org/archives/Feb2014/2_27.htm#fsg

(10) Bitcoin virtual currency is on verge of collapse
http://www.latimes.com/business/la-fi-bitcoin-collapse-20140226,0,5968430.story#axzz2uTAi7plh

 

John Kenny
Receivables Management

• End of Lease Negotiations & Enforcement 
• Fraud Investigations
• Credit Investigations • Asset Searches 
• Skip-tracing • Third-party Commercial Collections

john@jkrmdirect.com | ph 315-866-1167| www.jkrmdirect.com

 

[headlines]
--------------------------------------------------------------

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

GreatAmerica Completes 13th Term Securitization


(Cedar Rapids, IA) – GreatAmerica Financial Services Corporation completed its 13th term securitization today in the amount of $423.5 million. The proceeds will pay off various borrowed amounts, resulting in unused credit facilities in the amount of $875 million for future growth.

The placement agents of the notes were Wells Fargo Securities and BofA Merrill Lynch, with SunTrust Robinson Humphrey and BMO Capital Markets acting as co-managers. Since 1995, GreatAmerica has issued $3.7 Billion in securitized notes through thirteen transactions. Investor demand for this transaction was high, resulting in orders for nearly three times the notes issued. There were 28 institutional investors participating in this year’s transaction.


Tony Golobic
Chairman/CEO

“Our reputation with investors, ratings agencies, and banks continues to strengthen each year,” said GreatAmerica Chairman and CEO Tony Golobic. “This is a reflection of our consistently high portfolio credit quality, strong profitability, and solid growth in each of our twenty-one years.”

Fitch and Standard & Poor’s ratings agencies rated 88% of the notes being issued with an AAA credit rating—a testament to exceptional GreatAmerica portfolio performance.

About GreatAmerica
Founded in Cedar Rapids, Iowa in 1992, GreatAmerica is a $1.5 billion national commercial equipment finance company. GreatAmerica is dedicated to helping manufacturers, vendors, and dealers be more successful and keep their customers for a lifetime. GreatAmerica is over 91% employee-owned and provides financing and niche market-focused services in all fifty states and several U.S. Territories. GreatAmerica has a staff of over 400 employees with offices in Iowa, Minnesota, Missouri and Georgia.

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

The Secret of Our Success
by Tony Golobic, GreatAmerica Leasing
http://leasingnews.org/archives/Jan2010/1_25.htm#greatamerica

[headlines]
--------------------------------------------------------------


Labrador Retriever
Salt Lake City, Utah Adopt-a-Dog

RYAN - ID#A073999

I am a neutered male, black Labrador Retriever mix.
The shelter staff think I am about 7 years old.
I have been at the shelter since Feb 21, 2014.

Adoption Process
http://www.utahhumane.org/adoptions/adoption-process

Adoption Hours
Monday - Saturday: 10:00 AM - 7:00 PM
Sunday: 12 Noon - 5:00 PM

Humane Society of Utah
4242 South 300 West
Salt Lake City, UT 84107

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

[headlines]
--------------------------------------------------------------


News Briefs----

Comptroller of Frontier Leasing Embezzles $4.9 Million
http://www.koamtv.com/story/24862053/comptroller-of-frontier-leasing-embezzles-49-million

Bank branches vanishing in small towns
http://www.usatoday.com/story/money/business/2014/03/02/bank-branches-vanishing-in-small-towns/5931551/

Oscar Winners Big Night
http://movies.yahoo.com/blogs/movie-news/2014-oscar-news-020338662.html

 



[headlines]

--------------------------------------------------------------



--You May Have Missed It

 



[headlines]
--------------------------------------------------------------

SparkPeople--Live Healthier and Longer



Dining Out Guide---Fast Food Low Calorie
http://www.sparkpeople.com/resource/sparkdining.asp

 

[headlines]
--------------------------------------------------------------

Winter Poem

Blow, Blow, Thou Winter Wind

Blow, blow, thou winter wind 
Thou art not so unkind 
As man's ingratitude; 
Thy tooth is not so keen, 
Because thou art not seen, 
Although thy breath be rude.

Heigh-ho! sing, heigh-ho! unto the green holly: 
Most friendship if feigning, most loving mere folly: 
Then heigh-ho, the holly! 
This life is most jolly.

Freeze, freeze thou bitter sky, 
That does not bite so nigh 
As benefits forgot: 
Though thou the waters warp, 
Thy sting is not so sharp 
As a friend remembered not. 
Heigh-ho! sing, heigh-ho! unto the green holly: 
Most friendship if feigning, most loving mere folly: 
Then heigh-ho, the holly! 
This life is most jolly.

- William Shakespeare

 



[headlines]

--------------------------------------------------------------



Sports Briefs----

49ers-Seahawks rivalry a dynasty in the making?
http://www.csnbayarea.com/49ers/how-seahawks-released-players-impacted-49ers-rivalry?p=ya5nbcs&ocid=yahoo

Report says Jim Harbaugh’s ‘act has worn thin’ in 49ers locker room, but who cares?
http://sports.yahoo.com/blogs/nfl-shutdown-corner/report-says-jim-harbaugh-act-worn-thin-49ers-223218732--nfl.html

Should Jim Harbaugh be the NFL’s highest-paid coach?
http://blog.sfgate.com/49ers/2014/02/25/is-jim-harbaugh-deserving-of-being-the-nfl-highest-paid-coach/

San Jose Sharks top New Jersey Devils
http://photos.mercurynews.com/2014/03/02/photos-san-jose-sharks-top-new-jersey-devils-2/#1

Woods withdraws in final round of Honda Classic
http://www.sfgate.com/sports/article/Woods-withdraws-in-final-round-of-Honda-Classic-5282545.php


[headlines]
--------------------------------------------------------------


California Nuts Briefs---

Jerry Brown worries about marijuana legalization and 'potheads'
http://blogs.sacbee.com/capitolalertlatest/2014/03/jerry-brown-worries-about-marijuana-legalization-and-potheads.html

California Drought threatens wildlife, ecosystems
http://www.utsandiego.com/news/2014/mar/02/drought-threatens-wildlife-ecosystems/

 


[headlines]
--------------------------------------------------------------



“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Monterey County wine-grape growers pray for rain – next year, at least
http://www.montereycountyweekly.com/archives/2014/0227/monterey-county-wine-grape-growers-pray-for-rain-next-year/article_b89c9314-9f33-11e3-a762-001a4bcf6878.html

Wine guru Robert Parker Jr. knocks critics, defends opinions, at Napa Valley symposium
http://napavalley.towns.pressdemocrat.com/2014/02/27/wine-guru-robert-parker-jr-knocks-critics-defends-opinions-at-napa-valley-symposium/

How Long Before Napa Cabs Top $1000 A Bottle?
http://www.wine-searcher.com/m/2014/02/how-long-before-napa-cabs-top-1000-a-bottle

 

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm


[headlines]
----------------------------------------------------------------

This Day in History

1521 - Magellan discovered Guam; today an American protectorate. During his first day off the shores of Guam, Magellan's skiff was taken. In retaliation for the theft, Spanish soldiers burned a village, killed and attempted to kidnap a number of natives and exchanged bullets with sling stones in a skirmish on the shore of Umatac Bay. Angered, Magellan would name the islands "Islas de Ladrones" (islands of thieves) -- a name that would carry for the next 150 years. It should be noted that Magellan was killed in an encounter at the very next landfall in the Philippines, giving some credence to the Chamorro proverb on revenge. Many explorers met their end in world travel, including some great Portuguese captains who were hero explorers in their day, but today are not remembered at all.
http://infoplease.lycos.com/ce6/world/A0822005.html
http://infoplease.lycos.com/ce6/people/A0831125.html
http://ns.gov.gu/resolut.html
http://www.justice.gov.gu/Superior/History/hist_02.htm
http://www.pacificworlds.com/guam/visitors/explore.htm
http://www.gov.gu/quipua.html
    1744 -Colonial missionary to the American Indians, David Brainerd wrote in his journal: 'In the morning, spent an hour in prayer. Prayer was so sweet an exercise to me that I knew not how to cease, lest I lose the spirit of prayer.'
http://www.cantonbaptist.org/halloffame/brainerd.htm
http://www.wholesomewords.org/biography/biorpbrainerd.html
http://www.amazon.com/exec/obidos/ASIN/0801009766/inktomi-bkasin-20/
102-1682336-8966565

    1776 -US commodore Esek Hopkins occupies Nassau Bahamas
http://www.anyflag.com/history/gadsden.htm
http://www.history.navy.mil/photos/pers-us/uspers-h/e-hopk-c.htm
http://www.navyhistory.com/Brigatines/Cabot.html
http://www.sentryoveramerica.com/RRD_MA_Navy_Jack.htm
http://www.interesting.com/stories/gadsden/
    1791-The first internal revenue law was passed by Congress. Fourteen revenue districts were created and tax of 20 to 30 cents a gallon put on distilled spirits. The legislatures of North Carolina, Virginia, and Maryland passed resolutions of disapproval shortly thereafter.
    1794-Richard Allen, a Black slave, founded African Methodist Episcopal (AME) Church and the Free African Society. He preached to both Black and White congregations.
http://www.brightmoments.com/blackhistory/nrallen.html
http://earlyamerica.com/review/spring97/allen.html
http://docsouth.unc.edu/neh/allen/menu.html
    1815-War against Algeria was declared by Congress. The dey of Algiers had molested U.S. ships and insisted on payment of tribute. The war would end on June 30 against Algeria and the Barbary Coast pirates when a peace treaty was signed with the dey of Algiers. It was followed by similar treaties with Tunis on July 26 and Tripoli on August 5. The treaties, exacted by Commodore Stephen Decatur, required the pirates to cease their hostile acts, free all American prisoners, and compensate the U.S. for vessels seized. It was the US Navy and the US Marines working together and that's where we get the “from the shores of Tripoli...”
    1819-Missouri Compromise Bill was introduced to admit Missouri to the Union as a state that prohibited slavery. At the time, there were 11 free states and 10 slave states. Southern congressmen feared this would upset the balance of power between North and South. As a compromise, on this date, Missouri was admitted as a slave state but slavery was forever prohibited in the northern part of the Louisiana Purchase.
    1821-Thomas Jennings becomes the first Black American to receive a patent, for a dry-cleaning process.
http://inventors.about.com/library/inventors/bljennings.htm
    1831-George M. Pullman birthday. He was an inventor and industrialist who became famous for his design and production of the “Pullman” railroad sleeping car. His first attempt at improving railroad sleeping accommodations began in 1858, while working as a contractor for the Chicago & Alton Railroad at Chicago, IL. His initial model was not adopted, but in 1863, a new design was enthusiastically received. He secured a patent for the folding berth design in 1864 and one for the lower berth design in 1865. By 1867, Pullman and his partner organized the Pullman Palace Car Company, which became the greatest railroad car-building organization in the world. In 1881, the town of Pullman, IL, south of Chicago, was formed by Pullman to house his employees. Because rents were not lowered when wages were cut, a strike was initiated against Pullman's company in May 1894. Pullman was eventually forced to give up control of all property in the town not directly required for manufacturing. Pullman died Oct 19, 1897, at Chicago, IL. This era in history where railroad barons "ruled" the country was about to end.
    1836-Jefferson Franklin Long, a black slave who became a congressman December 22, 1870, was born in slavery near Knoxville, Crawford County, Ga. Republican. U.S. Representative from Georgia 4th District, 1870-71. Died in Macon, Bibb County, Ga., February 4, 1901. Interment at Lynwood Cemetery, Macon, Ga.
http://bioguide.congress.gov/scripts/biodisplay.pl?index=L000419
    1843—After lobbying Congress for six years, Samuel Morse received $30,000 to build an experimental telegraph line from Baltimore, MD to Washington, DC. On May 24, 1844, Morse sent the historic message, "What hath God wrought?" The first internet had arrived.
    1845- Florida became the 27th state. The word ‘Florida' comes from the Spanish ‘feast of flowers'. The capital of the Sunshine State is Tallahassee. The state flower is the fragrant orange blossom and the mockingbird is the state bird. State song, "Suwannee River." State motto is: “In God we trust.”
    1845- John Tyler, a man elected without a party, known as “outcast president” and considered a weak candidate in his last efforts as president, is the first to have his veto over-ridden by Congress. He was a compromise candidate for vice-president and became president after William Henry Harrison died of pneumonia on April 4, one month after his inauguration. The veto matter concerned “an act relating to revenue cutters and steamers,” which provided that no revenue cutter could be built without prior appropriation. President John Tyler vetoed the bill on February 20, 1845, arguing that contracts for two revenue cutters had already been arranged, one with a firm in Richmond, VA, and another with a contractor in Pittsburgh, PA. The bill was reconsidered by the Senate and House on March 3, 1845. The Senate overrode the veto without debate by a vote of 41-12, and the House by a vote of 127-30. They didn't like President Tyler, to say the least.
http://www.americanpresident.org/presbios/assets/images/prezbkgd.gif
http://clerk.house.gov/images/bg2.gif
http://www.americanpresident.org/KoTrain/Courses/JT/JT_In_Brief.htm
    1847-Alexander Graham Bell birthday, inventor of the telephone, born at Edinburgh, Scotland. Bell acquired his interest in the transmission of sound from his father, Melville Bell, a teacher of the deaf. Bell's use of visual devices to each articulation to the deaf contributed to the theory from which he derived the principle of the vibration membrane used in the telephone. On March 10, 1976, Bell spoke the first electrically transmitted sentence to his assistant in the next room: “Mr. Watson, come here, I want you.” Bell's other accomplishments include a refinement of Edison's phonograph, the first successful phonograph record and the audiometer, and he continued exploring the nature and causes of deafness. He died near Baddeck, Nova Scotia, Canada, Aug. 2, 1922
    1853-A transcontinental railroad survey was authorized by Congress. $150,000 was appropriated to find the most practical railroad route across the country. The survey was to be conducted by the War Department. The iron rails of the railroads were weaving a network of lines around the nation at an ever greater rate. In the 1850s there were about 9000 miles of track. By 1860 there were more than 30,000. The Pennsylvania Railroad connected Philadelphia and Pittsburgh in 1852. The New York Central came into being in 1853, combining seven short lines between Albany and Buffalo, N.Y., into one. On January 12, 1853, the Baltimore & Ohio Railroad began rail service to Wheeling, W.Va., from Baltimore. Rail service between New York and Chicago was available, although not in one continuous line. In 1856, the Illinois Central became the longest railroad in the world, with 700 miles of main line track. The Illinois Central was also the first railroad to which the federal government granted large tracts of public land as a subsidy; it was given 3,736,000 acres.
    1859-Over 400 men, women and children formerly held by Pierce M. Butler as “slaves” were auctioned in order to pay debts incurred in gambling and the financial crash of 1857-58. Journalist Q. K. Philander Doesticks (Mortimer Thomas) attended the two day sale and wrote about it: “What Became of the Slaves on a Georgia Plantation?” includes vivid descriptions of the largest “recorded” slave auction in U.S. history. Many of the slave owners in the South had upwards of 40 and 50 slaves who were basically farm labor (plantation.) When the Confederate States of America formed and wrote their constitution, it was made perfectly clear the purpose of the government was to insure slavery was legal in this new sovereign nation.
http://memory.loc.gov/ammem/today/mar03.html
    1862- General Pope lays siege in front of New Madrid, Missouri and captures the city in an effort to control the supply route of the Confederates on the Mississippi River.
http://new-madrid.mo.us/riverview.html
http://www.civilwarhome.com/summarynewmadrid.htm
http://americancivilwar.com/statepic/mo/mo012.html
    1863-President Abraham Lincoln approved the “ National Academy of Science,” with the mission “to investigate, examine, experiment and report on any subject of science," with experiments and reports paid with government appropriations.
    1863-The Territory of Idaho was carved from four existing territories: Washington, Utah, Dakota, and Nebraska. It included the later states of Montana and Wyoming.
    1863-A conscription act, first in the nation's history, was passed by Congress. It called for registration of all male citizens between 20 and 45 years of age and aliens in the same age bracket who had declared their intention of becoming citizens. Conscripts could be exempted from military service by payment of $300 or by providing a substitute.
    1863 - Free delivery of mail in cities was authorized by the United States Postal Service.
    1865-- Freedman's Bureau created. President Lincoln signs a bill creating the Bureau of Refugees, Freedmen, and Abandoned Lands. Known as the Freedmen's Bureau, this federal agency oversaw the difficult transition of blacks from slavery to freedom. The Freedman's Bureau was born out of abolitionist concern for freed slaves during the war. Union General Oliver O. Howard served as commissioner for the entire seven years of the bureau's existence. The bureau was given power to dispense relief to both white and black refugees in the South, to provide medical care and education, and to redistribute "abandoned" lands to former slaves. The latter task was probably the most effective measure to ensure the prosperity and security of the freedmen, but it was also extremely difficult to enact. Many factors stymied the bureau's work. White southerners were very hostile to the Yankee bureau members, and even more hostile to the freedmen. Terror organizations such as the Ku Klux Klan targeted both blacks and whites and intimidated those trying to improve the lives of the freedmen. The bureau lacked the necessary funds and personnel to carry out its programs, and the lenient policies of Andrew Johnson's administration encouraged resistance. The compromise of John Tyler's election killed all such programs in the south.
http://freedmensbureau.com/
    1865-The first bank for freed African-American slaves was the Freeman's Savings and Trust Company, for the Negro, chartered by Congress. A central bank was established in Washington, DC, with branches in 34 cities. The bank was in operation about eight years, during which time it received deposits amounted to $57 million. The depreciation in securities values due to the panic of 1873 caused the trustees to vote to close the bank, the affairs of which were placed in the hands of three commissioners. A CD-ROM has been made of bank records which give a rich history of the depositors and their families: “The record of Abner Binford Smith, for example, shows the bank location and date, his parents' names, place of birth, complexion ("very light") and current residence. You also learn he was a 10-year-old boy who "goes to school." Like Abner's parents, John and Mary, many names in the database are incomplete since slaves may not have had surnames. And don't be surprised to find a lot of blank fields— information varies wildly from record to record. You might also discover the name of the plantation, master and mistress, military information and occupation. When looking for African-American ancestors in this database, keep in mind that the Freedman's Bank's 37 branches operated in larger cities in the South, as well as a few Northern cities such as New York and Philadelphia.” There are also many libraries with copies on microfilm and CD-ROM. You may find it at your library, or request it.
http://www.rootsweb.com/~fltgs/freedmans.html
http://www.familytreemagazine.com/articles/aug01/freedmancd.html
    1877- Garrett Morgan, prolific Black inventor, born. He patented two life-saving inventions: the Safety Hood (an early gas mask) and the first three-way traffic signal. He was also an active campaigner for the rights and welfare of black people. Died July 27, 1963.
http://www.sciencemuseum.org.uk/collections/exhiblets/morgan/start.asp
http://www.uh.edu/engines/epi1624.htm
    1879-The first lawyer who was a woman to be admitted to practice before the Supreme Court was Belva Ann Bennett Lockwood.

1880—Theodore Roosevelt’s writes in his diary about his life and particularly his love for his wife, who is later to die in childbirth.

http://memory.loc.gov/ammem/today/feb03.html
    1893-Avant-garde artist Beatrice Wood born. She exhibited with the Dada movement but is best known for her ceramics. She had painted oils for years in the Dada style before turning to ceramics in order to match a missing teapot. In addition to pottery, she sculpted in ceramic clay. Her ceramic sculptures were in a whimsical, sensual style. She developed her own distinctive colors and color schemes. She lived to 105 working and painting her pottery daily past 100.    Her home west of Los Angeles became museum-like during her lifetime as hundreds visited daily to view her art. Wood's ceramics are displayed in the permanent collections of major U.S. museums, including the Smithsonian and New York's Metropolitan Museum of Art, as well as museums worldwide. Part of her very unconventional love life became the inspiration for the fiction novel (and movie) “Jules et Jim”, written by Henri-Pierre Roche.
    1895-Matthew Bunker Ridgway, American Army officer, born at Fort Monrow, VA. As major general commanding the newly formed 82nd Airborne Division, he led it in the invasion of Sicily in July, 1943 and the invasion of the Italian mainland in 1944. Ridgway replaced General MacArthur as commander of the US Eighth Army in Korea in 1951 and succeeded General Eisenhower as Supreme Allied Commander of the North Atlantic Treaty Organization in 1952. He became US Army Chief of Staff in 1953. Ridgway died at Fox Chapel, Pa. July 26, 1993.
    1906—Clarinetist Barney Bigard Birthday
http://www.redhotjazz.com/bigard.html
http://atj.8k.com/noartist/atjbigard.html
http://www.worldofgramophones.com/barneybigard.html
This is one of Barney Bigard and Louis Armstrong's best albums:
http://www.buybestmusic.com/reviews1/B000002ADP.html
    1911-The first Federal cemetery to contain graves of both Union and Confederate soldiers was opened in Springfield, MO, by act of Congress. Part of it was formerly a Confederate cemetery, maintained by the state of Missouri, which deeded it to the federal government on June 21, 1911. A stone wall separates the graves of the Confederate troops from those of the Union soldiers. The cemetery contains over 3,100 graves.
    1911-Actress Jean Harlow’s birthday, Hollywood's first blonde sexpot. Although her film roles always posed her as being able to hold her own with men in a worldly-wise manner, in reality she was a dependent person who was abused. Her fatal liver ailment at age 26 resulted from an earlier beating by a lover. Her striking, frankly sexual beauty radiated on the screen and directors lit her with high spots to emphasize her platinum blond hair.
http://www.jeanharlow.com/
    1913- National American Woman Suffrage Association parade held in Washington, D.C., on the day before Woodrow Wilson's inauguration turned into a near riot when people in the crowd began jeering and shoving the marchers. The 5,000 women and their supporters were spit upon, struck in the face and pelted with burning cigar stubs while police looked on and made no effort to intervene. Soldiers had to be called to restore order.
    1915 - The now-famous film, "Birth of a Nation", debuted in New York City. The motion picture brought Lillian Gish, Mae Marsh and Wallace Reid to the silver screen in what has frequently been called the greatest silent film ever produced. A 40-piece orchestra accompanied the silent film. The movie, at 2 hours and 40 minutes, was unusually long for its day and used revolutionary filmmaking techniques, including editing, multiple camera angles, and close-ups. However, the film, originally entitled “The Clansman”, was denounced by the NAACP for its negative portrayal of African Americans. D.W. Griffith’s next picture, “Intolerance” (1916), took two years to make and featured a complex, interwoven plot examining racism, prejudice, and injustice throughout history. He used much of his own money to finance the $2.5 million film, and its failure ruined him financially. His career foundered for several years after that.
    1917---From a flat tax to a new tax levied by Congress on excess profits of corporations, passed this day, an “act to provide increased revenue to defray the expenses of the increased appropriations of the army and navy and the extension of fortifications” was passed. The act provided for taxation of the profits of all corporations in excess of 7 to 9 percent of the capital. The rates were 15 percent; 35 percent of the excess from 15 to 25 percent; 35 percent on the excess from 25 percent to 33 percent and 60 percent on the excess above 33 percent (and this was before depreciation or any other “tax write off”).
The act was repealed by the Revenue Act of 1918, which was approved on October 3, 1917
    1923-Guitarist Arthel “Doc” Watson born Deep Cap, NC
http://www.merlefest.org/DocsBiography.htm
http://www.docsguitar.com/biography.html
    1923-Time Magazine first published. The magazine was founded by Henry Luce and Briton Hadden.
http://www.univie.ac.at/Schroedinger/3_96/time01.htm
http://www.time.com/time/
    1926-Pulitzer Prize-winning poet James Merrill is born in New York. Merrill was the son of financier Charles Merrill, who founded the brokerage Merrill-Lynch. Merrill served as an Army infantryman during World War II and graduated from Amherst College in 1947. He became one of the most highly regarded poets of his time. Merrill's parents divorced in 1939. The divorce provided him with rich material for many poems, including "Broken Home." Much of his work was autobiographical and explored his family relationships, privileged upbringing, and homosexuality. His poems appeared in Poetry and the Kenyon Review, and his debut book, “First Poems”, was published in 1951. Thanks to a large trust fund, Merrill traveled widely and owned houses in Greece and Connecticut. In 1966, Merrill won the National Book Award for “Nights and Days”. A decade later, he published “Divine Comedies”, which won the 1977 Pulitzer Prize. “Divine Comedies”, was the first in a trilogy of ambitious, book-length poems, some of which were written with the assistance of an Ouija board. He published 12 books of poetry and also wrote plays and novels. A final collection of poems was published after he died of a heart attack in Tucson, Arizona, in 1995.
    1927-Bluesman Herman (Junior) Parker was born in West Memphis, Arkansas. Influenced and aided early in his career by Sonny Boy Williamson, Parker cut his first records for the Sun label in 1952. His"Feelin' Good" hit the r'n'b top ten the following year. Elvis Presley recorded Parker's "Mystery Train" for Sun in 1955. Parker later took his modern country blues to Duke Records, where he had his biggest hit in 1962 - "Annie Get Your Yo-Yo." Junior Parker died November 18, 1971 following eye surgery.
http://www.eharmonica.net/herman_parker.htm
http://www.oldies.com/artist/index.cfm/id/294.html AR
    1930 - Bert Lahr from "The Wizard of Oz" and Kate "God Bless America" Smith starred in the opening of "Flying High" at the Apollo Theatre in New York City. The show ran 45 weeks at what is now America's most famous black entertainment theatre.
    1931 - On Brunswick Records, Cab Calloway and his orchestra recorded "Minnie the Moocher" for the first time. The song was featured in the 1980 motion picture, "The Blues Brothers", starring John Belushi and Dan Ackroyd.

    1931-- The US Congress recognized Star Spangled Banner, written by Francis Scott Key, as the official national anthem. Despite the fact that millions sing (in a manner of speaking) the anthem before sporting events, civic club meetings and other public gatherings, it is still ranked as the most difficult national anthem on earth to sing. While Key’s lyrics reflected an enduring sentiment of America during war time of 1812, with its "rockets’ red glare and bombs bursting in air" over Fort McHenry at Baltimore, MD, the melody goes against most everything musical and the words themselves are quite difficult to remember -- especially those following the first verse. Originally an English drinking song, “To Anacreon in Heaven”, the melody is next to impossible for most people to sing. Amateur singers embarrass themselves as they attempt to hit the high notes at the end of the song. They do this in the shower and at community events while professional opera singers and pop music stars go flat, or forget the words, in front of national television audiences. Performers such as Robert Morley, Jimi Hendrix, Marvin Gaye, Jose Feliciano, Ray Charles and others have had difficulties in musically translating the national anthem. Almost from the moment the song was adopted officially, there has been movement to bring about change. Many would like to see “America the Beautiful” become the U.S. national anthem.
    1934-Bass player Jimmy Garrison born Miami, FL, He died on April 7, 1976, in New York.
http://www.downbeat.com/artists/window.asp?aid=301
http://www.garrisonjazz.com/Jimmy%20Garrison.html
    1934 -- John Dillinger escapes prison with fake wooden pistol
http://www.geocities.com/hydey6/bio.html
    1937-Benny Goodman Band opens at Paramount Theater [in NYC??] to tumultuous response.
    1938-Drummer Gene Krupa plays last date with Benny Goodman, Earle Theatre, Philadelphia, PA.
    1938 - A world record was set for the indoor mile run at Dartmouth College in Hanover, New Hampshire, when Glenn Cunningham went the distance in 4 minutes, 4.4 seconds.
    1939 - A new craze swept college campuses starting at Harvard University. The fad was goldfish swallowing.
    1940-Clarinetist Artie Shaw records “Frenesi,” Hollywood, Ca.
    1943-The state of Georgia lowered the minimum age to vote in elections to 18 with an amendment to the state constitution. It was approved by popular vote on August 4, 1943, but a 3 to 1 majority. The first election held under this law took place on November 7, 1944. The national voting age was lowered to 18 in 1971, when the 26th amendment to the Constitution was ratified by the required number of states. It became law on July 5, 1971.
    1945--HARRELL, WILLIAM GEORGE  Medal of Honor
Rank and organization: Sergeant, U.S. Marine Corps, 1st Battalion, 28th Marines, 5th Marine Division. Place and date: Iwo Jima, Volcano Islands, 3 March 1945. Entered service at: Mercedes, Tex. Born: 26 June 1922, Rio Grande City, Tex. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty as leader of an assault group attached to the 1st Battalion, 28th Marines, 5th Marine Division during hand-to-hand combat with enemy Japanese at Iwo Jima, Volcano Islands, on 3 March 1945. Standing watch alternately with another marine in a terrain studded with caves and ravines, Sgt. Harrell was holding a position in a perimeter defense around the company command post when Japanese troops infiltrated our lines in the early hours of dawn. Awakened by a sudden attack, he quickly opened fire with his carbine and killed 2 of the enemy as they emerged from a ravine in the light of a star shell burst. Unmindful of his danger as hostile grenades fell closer, he waged a fierce lone battle until an exploding missile tore off his left hand and fractured his thigh. He was vainly attempting to reload the carbine when his companion returned from the command post with another weapon. Wounded again by a Japanese who rushed the foxhole wielding a saber in the darkness, Sgt. Harrell succeeded in drawing his pistol and killing his opponent and then ordered his wounded companion to a place of safety. Exhausted by profuse bleeding but still unbeaten, he fearlessly met the challenge of 2 more enemy troops who charged his position and placed a grenade near his head. Killing 1 man with his pistol, he grasped the sputtering grenade with his good right hand, and, pushing it painfully toward the crouching soldier, saw his remaining assailant destroyed but his own hand severed in the explosion. At dawn Sgt. Harrell was evacuated from a position hedged by the bodies of 12 dead Japanese, at least 5 of whom he had personally destroyed in his self-sacrificing defense of the command post. His grim fortitude, exceptional valor, and indomitable fighting spirit against almost insurmountable odds reflect the highest credit upon himself and enhance the finest traditions of the U.S. Naval Service.
    1945--WAHLEN, GEORGE EDWARD  Medal of Honor
Rank and organization: Pharmacist's Mate Second Class, U.S. Navy, serving with 2d Battalion, 26th Marines, 5th Marine Division. Place and date: Iwo Jima, Volcano Islands group, 3 March 1945. Entered service at: Utah. Born: 8 August 1924, Ogden, Utah. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving with the 2d Battalion, 26th Marines, 5th Marine Division, during action against enemy Japanese forces on Iwo Jima in the Volcano group on 3 March 1945. Painfully wounded in the bitter action on 26 February, Wahlen remained on the battlefield, advancing well forward of the frontlines to aid a wounded marine and carrying him back to safety despite a terrific concentration of fire. Tireless in his ministrations, he consistently disregarded all danger to attend his fighting comrades as they fell under the devastating rain of shrapnel and bullets, and rendered prompt assistance to various elements of his combat group as required. When an adjacent platoon suffered heavy casualties, he defied the continuous pounding of heavy mortars and deadly fire of enemy rifles to care for the wounded, working rapidly in an area swept by constant fire and treating 14 casualties before returning to his own platoon. Wounded again on 2 March, he gallantly refused evacuation, moving out with his company the following day in a furious assault across 600 yards of open terrain and repeatedly rendering medical aid while exposed to the blasting fury of powerful Japanese guns. Stouthearted and indomitable, he persevered in his determined efforts as his unit waged fierce battle and, unable to walk after sustaining a third agonizing wound, resolutely crawled 50 yards to administer first aid to still another fallen fighter. By his dauntless fortitude and valor, Wahlen served as a constant inspiration and contributed vitally to the high morale of his company during critical phases of this strategically important engagement. His heroic spirit of self-sacrifice in the face of overwhelming enemy fire upheld the highest traditions of the U.S. Naval Service.
    1949—Automobile manufacturer Tucker Folds. While my father Lawrence Menkin plays a small part in the Movie “Tucker,” the man behind the pharmacy counter who serves sodas to Tucker (Francis Ford Coppola was a fan of his “Captain Video,”), the movie was far from what really happened. It is true that after the war there were several new car manufacturers from Rambler to the one founded by Preston “P.T. Tucker.” His car did feature a third headlight that rotated with the axle, a “bomb shelter” in the backseat, disc brakes, six exhaust pipes, and went from zero to sixty in ten seconds, reaching 120 mph as if it were a race car. It was the prototype, but it never made it to the marketplace as “P.T.” was indicted with thirty-one counts of investment fraud by the Securities Exchange Commission. He did produce 51 prototypes, but they never made it to market as the Tucker Corporation went into receivership this day. He wasn't called “P.T.” for nothing.
    1950---Top Hits
Dear Hearts and Gentle People - Bing Crosby
There's No Tomorrow - Tony Martin
Music, Music, Music - Teresa Brewer
Chattanooga Shoe Shine Boy - Red Foley
    1951-"Mr. Wizard” premiered on television. Don Herbert explained the mysteries of science while performing experiments in front of wide-eyed children, such as myself.
    1955 - A truck driver from Tupelo, Mississippi, Elvis Aron Presley made his television debut on "Louisiana Hayride". This signaled promoters to send Elvis to New York City where he auditioned for Arthur Godfrey's "Talent Scouts" program. Talent coordinators and Godfrey passed on Elvis appearing on the show. Soon after, he was kicked out of the Grand Ole Opry and told to "go back to driving a truck." In a little over a year, the United States was caught up in Presley-mania.
    1957-At the world figure skating championships in Colorado Springs, Colo., Carol Heiss won the women's singles title and David Jenkins won the men's singles.
    1958---Top Hits
Don't/I Beg of You - Elvis Presley
A Wonderful Time Up There/It's Too Soon to Know - Pat Boone
Tequila - The Champs
Ballad of a Teenage Queen - Johnny Cash
    1959-- By a vote taken in both bodies, the Unitarian Church and the Universalist Church, along with their fellowships, the American Unitarian Association and the Universalist Church of America, merged into a single denomination.
http://www.uua.org/
    1959 - The San Francisco Giants baseball team's new home was officially named Candlestick Park. The name was picked in a contest. The contest winner didn't have to look hard, as the National League's least favorite stadium is a few hundred feet from Candlestick Point, on San Francisco Bay. A scandal of the day, developer Haney donated the land to the city with the stipulation that the new park be named Haney Park. But he kept the parking lot, and the city didn't like that, so it would not name the new park after him In 1995, Candlestick Park was changed to 3COM Park, after a small, local computer software developer bid half-million dollars for the rights to the stadium name. After the contract expired and the Dot.com craze had come to a screeching halt, the San Francisco Board of Supervisors did not want to sell the name, even though they had had several offers of $500,000 a year. One of the concerns was the fact the baseball park called Pac Bell Park for

a few years, then then a new lessee would change its name, as it is called Monster Park today.
   1959--The Drifters, with new lead vocalist Ben E. King, record their breakthrough hit, "There Goes My Baby", at Atlantic's studios in New York. The song will become the group's first of 16 Billboard Top 40 hits.

1960 - Along with 79 other soldiers, a newly-discharged Elvis Presley arrives at Fort Dix, New Jersey by plane. A press conference is held, then a party, attended by manager "Colonel" Tom Parker, and Nancy Sinatra, whom Elvis had met while at a USO show.
    1962-Jacqueline (Jackie) Joyner-Kersee, Olympic gold medal heptathlete, born East St. Louis, Il. She is the first athlete to win back-to-back gold medals in the Olympic Heptathlons (seven events-the 200-meter dash, 100-meter hurdles, high jump, shot put, long jump, javelin throw, and 800-meter run- held over a two-day period).     In 1988 she set a new world record in the Heptathlon and earned the title "World's Greatest Female Athlete."     She won three gold, one silver and two bronze medals over four consecutive Olympic Games. By 1996, past her prime and injured with a bad hamstring, JJK was still able to reach down inside herself for one last attempt at Olympics glory, saying, "I had the rest of my life to recover." She ignored the pain to make the third longest long jump in the competition and add a Bronze as her sixth Olympic medal.
    1965 - Julie Andrews, Christopher Plummer, and Eleanor Parker starred in the film adaptation of the popular Broadway hit, "The Sound of Music". The musical, about the von Trapp Family of Austria, was a hit on the Great White Way for over three years and one of the most popular motion pictures of all time. The movie brought instant stardom for Miss Andrews, who went on to star in other singing roles in the theatre, on television in her own show, and

and movie  “Victor Victoria “(1982), which earned her an Oscar nomination for Best Actress in a Leading Role. 
    1966---Top Hits
These Boots are Made for Walkin' - Nancy Sinatra
The Ballad of the Green Berets - SSgt Barry Sadler
My World is Empty Without You - The Supremes
Waitin' in Your Welfare Line - Buck Owens movies and as a popular recording artist.
    1966- Canadian Neil Young, Stephen Stills, Richie Furay, Dewey Martin and Bruce Palmer formed Buffalo Springfield in Los Angeles. The group laid the groundwork for country rock, and several members later found success in Poco and Crosby, Stills, Nash and Young. When Buffalo Springfield started, it was the house band for the influential Los Angeles nightspot "Whiskey A Go Go". Stephen Stills's composition, "For What It's Worth," gave the band its biggest hit in 1967. Before Buffalo Springfield's third album was released in 1968, the group had broken up, partly because of disagreements between Stills and Neil Young.
    1966 - ‘Lightnin' Lou Christie got a gold record "Lightnin' Strikes". Christie was born Luigi Alfredo Sacco, and joined The Classics before making his first recording in 1960. In 1961, he recorded as Lugee & The Lions until becoming Lou Christie for a string of hits in 1963. Other songs from Christie's Top 40 appearances include: "The Gypsy Cried", "Two Faces Have I", "Rhapsody in the Rain" and "I'm Gonna Make You Mine". He had a falsetto voice, similar to Frankie Valli's of The Four Seasons. "Lightnin' Strikes" was his only million seller.
    1966 - A tornado hit Jackson, MS, killing 54 persons.
    1968 -- The Grateful Dead leave the Haight district in San Francisco with a farewell concert before relocating to Marin County.
    1969 - The three-man Apollo 9 spacecraft was launched from Cape Kennedy. The main aim of its 10-day flight was to test the lunar module in Earth's orbit.
    1969--STONE, LESTER R., JR.  Medal of Honor
Rank and organization: Sergeant, U.S. Army, 1st Platoon, Company B, 1st Battalion, 20th Infantry, 11th Infantry Brigade, 23d Infantry Division (America). Place and date: West of Landing Zone Liz, Republic of Vietnam, 3 March 1969. Entered service at: Syracuse N.Y. Born: 4 June 1947, Binghamton, N.Y. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sgt. Stone distinguished himself while serving as squad leader of the 1st Platoon. The 1st Platoon was on a combat patrol mission just west of Landing Zone Liz when it came under intense automatic weapons and grenade fire from a well concealed company-size force of North Vietnamese regulars. Observing the platoon machine gunner fall critically wounded, Sgt. Stone remained in the exposed area to provide cover fire for the wounded soldier who was being pulled to safety by another member of the platoon. With enemy fire impacting all around him, Sgt. Stone had a malfunction in the machinegun, preventing him from firing the weapon automatically. Displaying extraordinary courage under the most adverse conditions, Sgt. Stone repaired the weapon and continued to place on the enemy positions effective suppressive fire which enabled the rescue to be completed. In a desperate attempt to overrun his position, an enemy force left its cover and charged Sgt. Stone. Disregarding the danger involved, Sgt. Stone rose to his knees and began placing intense fire on the enemy at pointblank range, killing 6 of the enemy before falling mortally wounded. His actions of unsurpassed valor were a source of inspiration to his entire unit, and he was responsible for saving the lives of a number of his fellow soldiers. His actions were in keeping with the highest traditions of the military profession and reflect great credit on him, his unit, and the U.S. Army.
    1971-- U.S. 5th Special Forces Group withdraws. The U.S. Army's 5th Special Forces Group (Airborne) departs South Vietnam. The Special Forces were formed to organize and train guerrilla bands behind enemy lines. President John F. Kennedy, a strong believer in the potential of the Special Forces in counterinsurgency operations, had visited the Special Warfare Center at Fort Bragg to review the program and authorized the Special Forces to wear the headgear that became their symbol, the Green Beret. Some of my best friends were in this unit and we trained together. The 5th Group was sent to Vietnam in October 1964 to assume control of all Special Forces operations in Vietnam. Prior to this time, Green Berets had been assigned to Vietnam only on temporary duty. The primary function of the Green Berets in Vietnam was to organize the Civilian Irregular Defense Groups (CIDG) among South Vietnam's Montagnard population. The Montagnards--"mountain people" or "mountaineers"--were a group of indigenous people from several tribes, such as the Rhade, Bru, and Jarai, who lived mainly in the highland areas of Vietnam. These tribes were recruited to guard camps in the mountainous border areas against North Vietnamese infiltration. At the height of the war the Green Berets oversaw 84 CIDG camps with more than 42,000 CIDG strike forces and local militia units. The CIDG program ended in December 1970 with the transfer of troops and mission to the South Vietnamese Border Ranger Command. The Green Berets were withdrawn as part of the U.S. troop reductions in Vietnam.

1973 - At this year's Grammy Awards in Los Angeles, the George Harrison-led benefit disc The Concert for BanglaDesh is awarded Album of the Year, while Roberta Flack's "The First Time Ever I Saw Your Face" wins Song and Record of the Year. Harry Nilsson wins Best Pop Vocal for "Without You," while Helen Reddy wins three awards for her hit "I Am Woman," causing a small controversy when she accepts by thanking God: "She makes everything possible."
    1974---Top Hits
Seasons in the Sun - Terry Jacks
Spiders & Snakes - Jim Stafford
Boogie Down - Eddie Kendricks
Another Lonely Song - Tammy Wynette
    1980 - A coastal storm produced 25 inches of snow at Elizabeth City, NC, and 30 inches at Cape Hatteras NC. At Miami FL the mercury dipped to 32 degrees.
    1982-The re-formed Mamas and the Papas, with original members John Phillips and Denny Doherty joined by Phillips' daughter MacKenzie and Spanky McFarlane of Spanky and Our Gang, play the first show of their brief reunion tour. Although Mama Cass Elliot has been dead for almost ten years, they do not change the lyrics to "Creeque Alley" which goes "No one's getting fat except Mama Cass."
    1982---Top Hits
Centerfold - The J. Geils Band
Open Arms - Journey
Shake It Up - The Cars
Lord, I Hope This Day is Good - Don Williams
    1983 - The last of a series of storms to strike the California coast finally came to an end. Waves fifteen to twenty feet high pounded the coast for two days, and in a four day period up to 18 inches of rain drenched the Los Angeles and Santa Barbara area. On the morning of the first, thunderstorms spawned two tornadoes which moved through the Los Angeles area.
    1984-Peter V. Ueberroth elected Commissioner of Major League Baseball by the owners. Ueberroth, president of the Los Angeles Olympic Organizing Committee, succeeded Bowie Kuhn. Ueberroth assumed his duties after his responsibilities with the Olympics were finished, and he remained in office through March 31, 1989. He is best remembered for reversing the Kuhn-imposed lifetime bans of two of the game’s greatest stars, Mickey Mantle and Willie Mays, resulting from their employments as greeters as casinos.
        1985 - Kevin McHale, formerly of the University of Minnesota, set a Boston Celtics scoring record this night as he poured in 56 points in a 138-129 win over the Detroit Pistons.
1985- Willie Shoemaker became the first jockey to pass the $100 million mark in career earnings by ridding Lord at War to victory in the Santa Anita Handicap.
    1985- “Moonlight” premiered on TV. Cybill Shepherd and Bruce Willis starred in ABC's comedy-adventure hour with Allyce Beasley as rhyming receptionist Agnes DiPesto. The premise: former model Maddie Hayes (Shepherd) discovers that the Blue Moon Detective Agency is her only remaining asset after her business manager embezzled her wealth. After deciding to keep the agency, she and her sparring partner, wisecracking detective David Addison (Willis), go off on a series of madcap adventures. The show frequently broke with formula by using the show-within-a-show technique, having characters directly address the camera, shooting sequences in black and white or by going completely off-concept (as in an episode based on Shakespeare's “The Taming of the Shrew.”) Last telecast on May 14, 1989, the show foundered due to personality conflicts and production delays.
    1989 - Wintry weather prevailed from the southern Rockies to the Upper Great Lakes. Negaunee, MI received 19 inches of snow, and up to 24 inches of snow blanketed Colorado. Blizzard conditions were reported in Minnesota.
    1990---Top Hits
Escapade - Janet Jackson
Dangerous - Roxette
Roam - The B-52's
No Matter How High - The Oak Ridge Boys
    1991-Video catches Los Angeles Police Brutality. At 12:45 a.m. robbery parolee Rodney G. King stops his car after leading police on a nearly 8-mile pursuit through the streets of Los Angeles, California. The chase began after King, who was intoxicated, was caught speeding on a freeway by a California Highway Patrol cruiser but refused to pull over. Los Angeles Police Department (LAPD) cruisers and a police helicopter joined the pursuit, and when King was finally stopped near Hansen Dam Park, several police cars descended on his white Hyundai. A group of LAPD officers led by Sergeant Stacey Koon ordered King and the other two occupants of the car to exit the vehicle and lie flat on the ground. King's two friends complied, but King himself was slower to respond, getting on his hands and knees rather than lying flat. Officers Laurence Powell, Timothy Wind, Ted Briseno, and Roland Solano tried to force King down, but he resisted, and the officers stepped back and shot King twice with an electric stun gun known as a Taser, which fires darts carrying a charge of 50,000 volts. At this moment, civilian George Holliday, standing on a balcony in an apartment complex across the street, focused the lens of his new video camera on the commotion unfolding. In the first few seconds of what would become a very famous 89-second video, King is seen rising after the Taser shots and running in the direction of Officer Powell. The officers alleged that King was charging Powell, while King himself later claimed that an officer told him, "We're going to kill you, nigger. Run!" and he tried to flee. All the arresting officers were white, along with all but one of the other two dozen or so law enforcement officers present at the scene. With the roar of the helicopter above, very few commands or remarks are audible in the video. With King running in his direction, Powell swung his baton, hitting him on the side of the head and knocking him to the ground. This action was captured by the video, but the next 10 seconds were blurry as Holliday shifted the camera. From the 18- to 30-second mark in the video, King attempted to rise, and Powell and Wind attacked him with a torrent of baton blows that prevented him from doing so. From the 35- to 51-second mark, Powell administered repeated baton blows to King's lower body. At 55 seconds, Powell struck King on the chest, and King rolled over and lay prone. At that point, the officers stepped back and observed King for about 10 seconds. Powell began to reach for his handcuffs. At 65 seconds on the video, Officer Briseno stepped roughly on King's upper back or neck, and King's body writhed in response. Two seconds later, Powell and Wind again began to strike King with a series of baton blows, and Wind kicked him in the neck six times until 86 seconds into the video. At about 89 seconds, King put his hands behind his back and was handcuffed. Sergeant Koon never made an effort to stop the beating, and only one of the many officers present briefly intervened, raising his left arm in front of a baton-swinging colleague in the opening moments of the videotape, to no discernible effect. An ambulance was called, and King was taken to the hospital. Struck as many as 56 times with the batons, he suffered a fractured leg, multiple facial fractures, and numerous bruises and contusions. Unaware that the arrest was videotaped, the officers downplayed the level of violence used to arrest King and filed official reports in which they claimed he suffered only cuts and bruises "of a minor nature." George Holliday sold his video of the beating to the local television station, KTLA, which broadcast the footage and sold it to the national Cable News Network (CNN). The widely broadcast video caused outrage around the country and triggered a national debate on police brutality. Rodney King was released without charges, and on March 15 Sergeant Koon and Officers Powell, Wind, and Briseno were indicted by a Los Angeles grand jury in connection with the beating. All four were charged with assault with a deadly weapon and excessive use of force by a police officer. Though Koon did not actively participate in the beating, as the commanding officer he was charged with aiding and abetting it. Powell and Koon were also charged with filing false reports. Because of the uproar in Los Angeles surrounding the incident, the judge, Stanley Weisberg, was persuaded to move the trial outside Los Angeles County to Simi Valley in Ventura County. On April 29, 1992, the 12-person jury, which included 10 whites and no African Americans, issued its verdicts: not guilty on all counts, except for one assault charge against Powell that ended in a hung jury. The acquittals touched off rioting and looting in Los Angeles that grew into the most destructive U.S. civil disturbance of the 20th century. In three days of violence, more than 50 people were killed, more than 2,000 were injured, and nearly $1 billion in property was destroyed. On May 1, President George H.W. Bush ordered military troops and riot-trained federal officers to Los Angeles to quell the riot. Under federal law, the officers could also be prosecuted for violating Rodney King's constitutional rights, and on April 17, 1993, a federal jury convicted Koon and Powell for violating King's rights by their unreasonable use of force under color of law. Although Wind and Briseno were acquitted, most civil rights advocates considered the mixed verdict a victory. On August 4, Koon and Powell were sentenced to two and a half years in prison for the beating of King. Unfortunately Rodney King was arrested again for drunk driving as he was evidently an alcoholic.
    1991-- Arthur Murray (Moses Teichman) died (yes, the famous dance teacher was our CLP and Leasing News Chairman of the Advisory Board Bob Teichman’s uncle.
    1994- Barbra Streisand auctioned off part of her art collection for $5.7-million. The highest price paid at the New York sale was $1.98-million for "Adam and Eve," a 1932 Art Deco painting by Tamara de Lempicka. That was a nice profit for Streisand. She had paid $135,000 for the work a decade earlier.
    1996- Apple decided to kill eWorld. It was an online service, which was launched on January 5, 1994 and the first high-profile decision by Apple's new chairman and CEO, Gilbert Amelio, hired earlier in the year (quite a wine collector.) Its share of the global PC market had plunged to about 7.8 percent from 25 percent in 1984. It continued to go down, but has always had a very strong, dedicated following such as BMW drivers possess, perhaps more so.

2003 - It was a day of temperature extremes. Miami reached a high temperature of 90 degrees, the earliest observed 90 degree temperature since March 5, 1964. Meanwhile Marquette, MI, dropped to 30 degrees below zero, the lowest temperature ever recorded in the city in March.

 


-------------------------------------------------------------

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

[headlines]

--------------------------------------------------------------

Daily Puzzle

How to play:
http://www.setgame.com/set/puzzle_frame.htm

Refresh for current date:
http://www.setgame.com/set/puzzle_frame.htm

[headlines]

--------------------------------------------------------------

http://www.gasbuddy.com/
http://www.gasbuddy.com/GB_Map_Gas_Prices.aspx
http://www.gasbuddy.com/GB_Mobile_Instructions.aspx

[headlines]

--------------------------------------------------------------

Weather

See USA map, click to specific area, no commercials

http://www.weather.gov/

[headlines]

--------------------------------------------------------------

Traffic Live---

Real Time Traffic Information

You can save up to 20 different routes and check them out with one click,
or type in a new route to learn the traffic live

--------------------------------

[headlines]

 
Features


Adopt a Pet
Bank Beat
Career Crossroads-Emily Fitzpatrick/RII
Cartoons
Charlie Chan sayings
Computer Tips
Employment Web Sites
Fernando's Review
From the Desk of Michael Witt, Esq.
Leasing 102
Leasing Cases by Tom McCurnin
Online Newspapers
Placards
Sales Make it Happen
Spark People—Live Healthier and Longer
The Secret of Our Success
To Tell the Truth
View from the Top
Why I Became a CLP


Ten Top Stories each week chosen by readers (click here)

“Complaints” Bulletin Board (click here)

Connect with Leasing News


Top Stories

(chronological order)

- Ex-PNC Equipment Finance VP/Regional Manager Arrested
- Why Leasing News is Different
Chesswood Moves into Canada Small Ticket Market Place
- Rough Road Traveling Ahead
- Top Five Leasing Company Web Sites—
    in North America
Changes in Leasing Web Site Rankings
- Loan/Lease Regulations
- Why Leasing News is Different
- Take Your Banker to Lunch
- 2014 Leasing Association Membership Report
- Largest 100 Banks in the World
- Fourth Arrest in Utah for Dallin Hawkins
- Buy, Sell or Take Over a Lease
- Look Out!!! --Two Evergreen/PRR Clause Lessors Merge
   Onset Financial/Mazuma Capital
- Changes in Technology Last 8 years
- Check Your Internet Speed Connection---Why
- Lease Police Tips on Judging Vendors
- Netiquette: Rules of Behavior For Email and the Internet
- Confirmed: Sheldon Player Passed Away Nov. 13, 2013

- Alert: Rudy Trebels Back Soliciting Broker Business
- Fugitive Banker Accused of Faking Own Death
 Found Alive, Now Arrested
- Social Media Sites Statistics, 2012-2013
- 2013 Leasing News Person of the Year
- ELFF Reports Confidence Reports 2% Decrease
- Google's Ad Revenue Per User
    Is Insanely Ahead Of Its Rivals
- Where To Advertise for Leasing Business
- America’s Disappearing Restaurant Franchises
- HL Leasing/John Otto--Update
- NorVergence- Year end, 2013
- Detroit’s BK Push for Pension Reform---
    Future is Positive for Municipal Financing
- De Lage Landen and Element Financial/Co/Active Partners
- Balboa Capital Gets Tagged
    For Alleged Dummy Docs
- DLL Leaves Lessor to Hang re: Evergreen Clause
- BBB Leasing Company Ratings
- Site Inspection Services--updated
- Leasing Schools/Franchisors--updated
- Leasing Software Companies updated
- The Future of Digital: 2013
- DLL Leaves Lessor to Hang
  
re: Evergreen Clause
- Advice for Broker or Lessor
   Dealing with a Company that Uses Evergreen Clauses
- Balboa Capital Settles Mass Fax Class Action Case
- How to be an “Expert Witness” and Make Extra Income
- Muncipalities and Their Budgets
- Twelve Lawyers Against Evergreen Clause Abuse
- Wants to Go After Lessors and Their Attorneys
   Re: Evergreen Clause Abuses
- Sample of Usury Laws in United States
- Operation Lease Fleece Last One Sentenced

- Balboa Capital Class Action Case Settled--$5 million?
- Old Cowboy On His Horse
- Leasing Brokers: When May You Collect a Commission?
- Is Long Term Leasing Dead?
- Brican America Case Moves Ahead
- 5 Ways Women Are Better Bosses Than Men
- Balboa Capital, Irvine, California
   $20,543.22 Bulletin Board Complaint
   Alleged “Bait and Switch”
- Twitterverse--Are you a "Tweep" or "Twitterati"?
- Female Lease Finance Association Presidents
- Terry Winders, CLP, Custom Built Poker Tables
   ---Order One for Father’s Day
- Broker’s Responsibility to Obtain
    California Lender’s License
- The Day that Albert Einstein Feared May Have Finally Arrived
- Equipment Finance Agreements Explained/Barry S. Marks
- Chat Acronymns and Keyboard Smilies
- Royal Links "True Lease" Court Ruling
- "The Memory Shock" –New Book by Barry Reitman
- Third-IFC Credit Trustee, Northfield, Illinois
   
Bulletin Board Complaint
- Four Software Solutions
    re: Digital device/Laptop Lost or Stolen!
- Excellent Tips by Warren Buffet
- Meridian Finance Group Looking Brokers for Europe Biz
- Is Leasing Securitization Dead or Alive?
- Mazuma and Republic Bank Get Snared on PRR Provision
   by Tom McCurnin, Esq.
- Companies who utilize Evergreen Clauses for Extra Lease Payments
- Jeff Taylor's Leasing Predictions, Spring, 2006
- Radiance Capital, Tacoma, Washington
   Bulletin Board Complaint 
   Purchase Option on EFA, Won’t Return $5,000 S.D.
- New Case against Mazuma Capital and Republic Bank
  ---Automatic Evergreen Payment---PPR
- Republic Bank out of leasing?
Ladco Leasing/Elavon Fined $418,601
- Future of Mobile Devices
- Charles Schwartz and Allied Health
- Copier Wars---It's more than the lease payment
    by Christopher Menkin
- Leasing Gypsies
- OneSource Develops Business License Software
- Talk About Chutzpa, Fanghella has more than Trump
- Three Class Action Suits re: Brican America
- Verifying Tax Returns
- Special Report: Part I
   Could Church Kiosks, Royal Link Carts, NorVergence results been avoided?

   The use of “Equipment Finance Agreements”
- Special Report: Part II
    Bank of the West

   Equipment Lease Agreement (EFA)
- California License Web Addresses
- Settlement Costs vs. Litigation Costs