Leasing News Standing #1

Due to Veterans Day, Leasing News only published twice
last week, but still retained its number one position
in web site rankings of leasing media web sites.

	U.S.	World Wide		Links	Web Site
1	31,181	183,080		243	LeasingNews.com
2	118,464	451,995		69	Lessors.com
3	165,090	698,032		174	Monitordaily.com
4	228,846	1,396,993		78	NEFAssociation.org
5	259,849	2,125,519		37	CLPFoundation.org
6	289,071	1,341,714		173	Commercial Finance Association
7	324,026	1,009,760		337	ELFAonline.org
8	346,026	1,632,418		139	NAELB.org
9	428,261	1,432,684		60	Equipment Finance Advisor
10	502,373	1,785,522		76	Worldleasingnews.com
11	No Data	2,923,061		142	Equip. Leasing Finance Foundation
12	No Data	10,187,591		23	Assoc. Gov. Leasing/Finance

Classified Ads---Controller

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

Chicago, IL experienced in lease accounting, operations, management, and Sarbanes-Oxley. Seeking position with equipment lessor. Would consider contract assignments or relocating.  Email: leasecontroller@comcast.net

Southeastern, MI Controller & Management experience w/ equip lessors &broker. MBA, CPA w/ extensive accounting, management, securitization experience with public and private companies. Willing to relocate.  Email: Leasebusiness@aol.com

Southern CA 20 years exp. as hands-on leasing CFO, managing accounting, treasury, FP&A, including securitizations, Great Plains/FRx, budgets, risk management.  MBA.  Also available as interim Controller/CFO, consultant.  Email: leasecfo@gmail.com

 

 

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

Comprehensive personal property tax outsourcing services We accept file exports and integrate personal property tax information with all lease management or accounting software. No other firm offers the combination of individual attention, software capabilities expertise, "full disclosure" and web port accessibility to information more than we do.  Click here to learn what our clients say about our service Gary DiLillo, President 440.871.0555 or gary@avptc.com

 

 

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The Curious Case of Sheldon Player---Continued(s)
Introduction by Christopher Menkin

(Sheldon Player in Wyoming)

The following report from Tom McCurnin deserves an introduction, as he finds Sheldon Player and Equipment Acquisition Resources in a new twist. Since Leasing News’ alert May 2, 2007 on Player being convicted of bilking Greycas Inc. and another Greyhound unit, Greyhound Leasing & Financial Corp., of over $ 75 million, the new result turned out to be doing the same scam for $175 million this time--- with Equipment Acquisition Resources, stories on his winnings at casinos, life style, and all the bankruptcy stories are quite curious, or strange.

Why Player has not been arrested and thrown in jail, why he remains free, and allegedly has millions in cash (as told to Leasing News by his three year "bodyguard," may be explained in Tom McCurnin’s report that follows.

The case regarding First Premier Capital, LLC v. VonLehman & Company regarding the financial statements and representations with a demand of$9,999,000: Motions for summary judgment are due by August 10, 2012.A trial has been set for January 7, 2013.(1)

The bankruptcy trustee has a $4,656,002.69 judgment against Player, as well as the IRS issue, yet no one seems to be able to find him (although Leasing News has reported his habits and his "bodyguard" has spoken with him. They threw Charles Schwartz into the federal pen pretty quickly in the Allied Health Care Services.

This new twist may explain why Player is free to visit casinos and indulge in his favorite sort.

Leasing News contacted several of the attorneys involved in representing their clients as to why they haven't sued him as an individual, especially if he has all this alleged cash. No one wanted to make a comment.

What follows may be why they did not want to make a comment, as well as may explain why Sheldon Player remains a “free man.”

Christopher Menkin, editor

(1)First Premier-VonLehman status:
http://leasingnews.org/PDF/FirstPremierVonLehmanstatus.pdf

E.A.R.--Player reports:
http://www.leasingnews.org/Conscious-Top%20Stories/Sheldon_Player.htm

 

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Sheldon Player's Equipment Acquisition Resources
Ropes 18 Equipment Lessors
in Alleged Fraudulent Conveyance Action

By Tom McCurnin
Barton, Klugman & Oetting

Misery Loves Company. Equipment Lessors Flocked to EAR Seven Years Ago, Now Face Fraudulent Conveyance Charges by Trustee;
Bankruptcy Judge Wants More Details But Allows Case to Continue.

In re Equipment Acquisition Resources, Inc. 2012 WL 4755028 (Bankruptcy N.D.Ill.,2012)

Like Lemmings rushing to a cliff, equipment lessors flocked to Sheldon Players’ Equipment Acquisition Resources in 2004 to finance refurbished semiconductor-making machinery for Player. The losses for the lessors approached $175 million dollars. If that isn’t injury enough, EAR’s Bankruptcy Trustee has filed a series of lawsuits against the lessors for fraudulent conveyance. The lawsuits are identical in every respect to those filed against credit card companies and other entities that received payments from EAR in its waning years.

An Illinois Bankruptcy Court, while granting about 18 Motions to Dismiss, allowed EAR to file an amended pleading, breathing new life into this action, and stretching the case into the New Year. The question for the lessors is whether they can convince the bankruptcy judge that legitimate lease obligations should not be fraudulent transfers. The challenge for the lessors is a patchwork of inconsistent case law for Ponzi scheme. This case could go either way. This is why many of the credit card issuers, also sued under identical Complaints, have settled for about 50 cents on the dollar.

Facts

The complaint against the lessors is oddly written and it remains to be seen whether it has legs, but for now, even though the lessors won a Motion to Dismiss, the victory was largely pyric victory, because the Bankruptcy Court allowed the Trustee to amend its Complaint, and it quickly took up the Court’s opportunity, and we are likely to see a more substantive ruling on the merits of the Trustee’s claims by Christmas. The facts follow:

Sheldon Player ran a Ponzi scheme, double and triple financing imaginary equipment to about 20 equipment lessors. When the Ponzi scheme crashed, Player and his wife resigned, and a turn-around group took over management of EAR. EAR filed bankruptcy in 2009, and earlier this year, the Debtor in Possession filed suit against the lessors for fraudulent conveyance.

The Complaint

I’ve read the Complaint, and it is not entirely clear to me what the Debtor is claiming, but here is an excerpt which is paraphrased for easier reading:

“Player caused EAR to agree to enter into the Leases because doing so furthered his fraudulent scheme. As a result of the misconduct, EAR creditors that had financing and leases which were part of Player's scheme have been unable to identify what, if any, equipment that was previously located at EAR's facilities was subject to a valid security agreement or lease.”

“EAR entered into the Leases and made required payments Because EAR owned the equipment in question prior to the date of the Leases, the transactions were unnecessary from a business standpoint. Rather, EAR entered into the Leases in order to generate cash for use in paying other outstanding lease obligations as part of the Ponzi scheme.”

Essentially the Debtor is claiming that the payments EAR made to the lessors are fraudulent conveyances. Certainly the payments were transfers, that is without question. Moreover, EAR was insolvent at the time. The question for me was whether the lessors gave EAR “reasonably equivalent value,” which seems to be a missing element. After all the lessors did give EAR cash for the non-existent equipment. Why isn’t that reasonably equivalent value?

Special Rules for Ponzi Scheme in Bankruptcy

The answer lies in some special rules for bankruptcy courts developed for handling Ponzi schemes like EAR. Those special rules allow the trustee to sue “winning investors” on behalf of “losing investors” Essentially, the trustees attempts to recover legitimate payments of monies for all the parties, under the theory that the whole enterprise was a fraud. Presumably, the lessors which received lease payments are “winning investors” and the other creditors are “losing investor.” However, since most Ponzi scheme litigation is against investors, not legitimate creditors, this case is one of first impression for me at least.

The problem with this case is that Ponzi scheme cases often don’t fit into neat little classifications like reasonably equivalent value and arm’s length transactions. Moreover, there are no specific statutes governing Ponzi schemes, just a patchwork of preference law, avoiding powers, and fraudulent conveyance statutes. In addition, most Bankruptcy trustees use the State Uniform Fraudulent Conveyance Act which provides different grounds and remedies. In short, the bankruptcy treatment of this issue is a mess.

Recently, Golden Gate University hosted a symposium on Ponzi schemes, much of which has been published, including fraudulent transfers, claims litigation, and Many of the speakers called out for a uniform treatment of Ponzi scheme litigation in the bankruptcy statutes, which have no direct statutory guidelines.

The Motions to Dismiss and Ruling

The lessors (Pentech, U.S. Bancorp, Alliance Commercial Capital, SunTrust Leasing, IBM Credit Comerica Leasing, SunTrust, and Leasing One) filed a series of Motions to Dismiss, claiming that the lessors’ obligations were arms-length leases, the fraud was not spelled out with specificity, there were no badges of fraud, and that payments on antecedent debts are preferences, not fraudulent conveyances.

The trial court granted the motions in part, but allowed the Debtor to re-file the action with additional specificity, which it immediately did. This means another round of law and motion, stretching into next year. The Bankruptcy Judge has consolidated the briefing schedule and issued one identical ruling in the 18 cases. There is no reason to expect that the Court will do it different this time around.

The Amended Complaint sets forth the existence of the Ponzi scheme and essentially makes the argument that “but for” the actions of the lessors in making the leases and accepting payments, the Ponzi scheme would have been detected earlier. There is no allegation of overt fraud, other than on the part of Sheldon Player.

Quite frankly, the Complaint is a bit of a stretch for me. I simply don’t buy the idea that the 18 or so equipment lessors are singularly responsible for the Sheldon Player Ponzi scheme.

What Does the Future Hold for the
EAR Fraudulent Conveyance Litigation?

I’m not good at predicting the future, but I can safely say that there will be three things that will occur over the next 90 days:

• Expenditure of Significant Legal Expenses. Without question, there will be a second, and more important round of Motions to Dismiss, with each lessor putting forth its own reasons for getting the case thrown out. We’ve handled several of these here in California, and one of the best strategies is to form a litigation steering committee, so that strategies and paperwork can be spread out at reduced costs.

• Uncertain Risk. If EAR’s Complaint survives this second round, costs and the uncertainty of a result will make for some sleepless nights for some. While I am very familiar with Ponzi scheme litigation involving investors, going after creditors presents a new wrinkle,

• Potential Settlements. The credit card issuers, by in large, have settled the claims for 50%, which is awfully high, but then again, legal fees could dwarf the payment pool that the credit card issuer received. Certainly, if the lessors could get EAR into a settlement number which was equal to or less than costs of defense, it might make sense to settle this matter. The Golden Gate Symposium I made reference to earlier had a whole section on mediation tips and strategies.

PDF's
EAR Amended Complaint
EAR Motion to Dismiss US Bancorp-1
EAR Settlements
EAR Case-Pentech

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

Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Tom McCurnin
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Fax: (213) 625-1832
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

 

Leasing 102
by Mr. Terry Winders, CLP

“Rental language for leases”

Section 179 will be ending December 31, 2012 as well as new lease accounting changes will be going into effect, perhaps in 2013 or as far away as 2014, bringing back more “operating leases” to the marketplace, but with shorter terms to meet the new requirements. Many such leases are being written today, and definitely more in 2013, right around the corner.

The new shorter term leases will focus more on the use of the equipment than leasing has in the past. We have always been concerned about equipment return and its condition upon that return to protect our residual assumption. Now we will be more concerned on the use during the term of the lease because the residual will be larger and more important.

One of the issues that lessors will have to contend with is the release of the equipment from short term leases. Article 2A defines leases as three party leases, called finance leases, and two party leases. Finance leases protect the lessor from equipment performance provided the supply contract from the vendor is passed to the lessee. Two party leases have no such protection so the release of off lease equipment will require additional language to protect the lessor as much as possible. This will require a lot of thought and consideration.

The purchase order to the vendor will require new language so that the vendor understands that the use of the equipment will be from a second party and the vendor indemnifies the lessor against any action from the lessee on the equipment’s failure or injury. This will require new types of insurance and a detailed understanding of the equipment’s use.

Rentals will require new language to cover conditions not usually covered in a standard lease agreement. This will influence all types of equipment, especially healthcare and software.

I looked at a rental agreement for transportation equipment for examples of use requirements and indemnification to protect the lessor.

Limits on Use and Termination of Right to Use:

A. Renter agrees to the following limits of use:

(1) Vehicle/Vehicle/equipment shall not be driven or operated except by an employee or designated employee of the renter without the expressed written permission of the Owner.

(2) Renter may not remove seats from the vehicle.

(3)The Vehicle/Vehicle/equipment may not be driven/operated by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs used with or without prescriptions.

(4) Vehicle/Vehicle/equipment may not be taken outside the State of (home state).

(5) Renter may not transfer or assign this agreement or sub-rent the Vehicle/Vehicle/equipment.

(6) Vehicle/Vehicle/equipment may not transport explosives, chemicals, corrosives, or other hazardous materials or pollutants of any kind or nature.

B. In the event of any violation of the limits of use or any other provision of this agreement. Owner automatically, without further notice to renter terminates their right to use Vehicle/Vehicle/equipment and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicles/Vehicle/equipment without legal process or notice to renter. Renter hereby waives all claims for damages connected with such seizure and shall pay all expenses incurred by Owner in returning Vehicle/Vehicle/equipment to the original location of (address of lessor).

Indemnification by Renter:

Renter assumes liability for, and hereby agrees, at its own cost and expense, to indemnify, defend, and hold harmless Owner, its directors, members, employees, agents, attorneys, affiliates, successors and assigns from and against any and all liabilities, losses, damages, injuries, claims (including, without limitation, claims based upon strict liability), demands, penalties, actions, costs and expenses, including legal expenses, of any kind or nature arising out of the use, condition (including, without limitation, latent and other defects, whether or not discoverable), operation, ownership, selection, delivery, leasing or return of any items of Vehicle/equipment(including, without limitation, any claim for patent, trademark or copyright infringement), regardless of where, how and by whom operated, or for any interruption of service, loss of business or consequential damages. These provisions shall survive the expiration or termination of this Rental agreement.

This language only begins the requirements for short term leases as we begin the process of developing new lease agreements. Rental agreements put a new light on how commercial equipment leasing is segmented in the future as this change is added to our product mix.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty-five years and can be reached at leaseconsulting@msn.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. 502.649.0488/Leaseconsulting@msn.com

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

 

 

Muslim Bank? in Georgia Fails
by Christopher Menkin

Hometown Community was the 50th bank to fail this year; tenth in Georgia, still reeling from real estate loans, primarily residential developments gone underwater, meaning not paying their mortgages.

Construction and land development write-offs and non-current loans were severe.

The two branches of Hometown Community Bank, Braselton, Georgia, were closed with Certus Bank, National Association, Easley, South Carolina, to assume all of the deposits. Founded August 1, 2005 they had 18 employees at their office in Braselton and Hoschton. In 2007, they had 22 full time employees. September 30, 2012 Tier 1 risk based capital .07%--One of the worst seen in quite some time. This after two major investments to keep the bank afloat.

Several Georgia regional newspapers labeled it a "Muslim bank," but that does not appear accurate, although it may be considered the second bank formed by Indian-American business leaders in Georgia to fail. (1)

Founding documents show Chairman of the Board of Directors was Amyn A. Meghani, age 36, born in India, owner of a commercial and residential real estate developer, Dunhill Developers/Orlando Commerce, owns and operates Tabo's Grocery, owning 6.3% of the stock. On the board, next highest stock holder, Chandra Kant I. "C.K." Patel, age 47, hotel owner, chairman of the Asian American Hotel Owners Association , next highest shareholder on the board Dr. Terry H. Elrod, age, 43, dentist, also Vice President of Parson's Plantation Property Owners Association, next Melvin "Monk" Tolbet, 65, family owned and managed Mortgage Services of Georgia, a residential mortgage broker. In 1991, the family formed Professional Realty, where Mr. Tolbert continues to manage commercial and sell residential properties.

http://sec.edgar-online.com/hometown-community-bancshares-inc/s-1-securities-registration-statement/2004/09/14/Section17.aspx

Another document shows an amendment with John C. Buchanan joining founders with 10% of the shares: " In 1984, Mr. Buchanan formed Buchanan Properties, Inc. and began to acquire large tracts of land in Jackson County and began developing the land primarily for residential development purposes. Mr. Buchanan developed such properties as Deer Creek Farms, Quail Crossing, Liberty Crest East, West & North, The Preserve and River Plantations. Mr. Buchanan served on the Board of Directors of Bank from January through December of 2004 and on the regional Board of Directors for Jackson County of Regions Bank from 1996 through 2003. Mr. Buchanan currently serves as a member of the Jackson County Industrial Development Authority and on the Board of Directors of the Jackson County Boys and Girls Club. Mr. Buchanan and his wife of forty-six years live in Hoschton, Georgia and have two children and six grandchildren."

http://www.secinfo.com/dsVsf.z5Vq.htm

March 28, 2012 Amyn Meghani was one of five arrested for gambling and keeping a gambling location. Search warrants were given to local banks to freeze assets of businesses and individuals suspected to be involved.

http://clickthepaper2.com/2012/03/29/gambling-charges-filed-in-search-warrant-sweep/

Also among those arrested were Azadul Islam, Amyn Meghani, M. Amin, Rekhaben M. Chaudhari and Bharatbha D. Chaudhari.

All of them are charged with illegal commercial gambling and keeping an illegal gambling place.

http://www.zoomvillage.com/newsStory.cfm/4166/Gambling-Crackdown-Stretches-To-Flowery-Branch

Hometown Community Bank raised $4 million in 2010 and was set for $5 million in 2011. http://www.jacksonheraldtoday.com/archives/5316-Outside-investor-adds-5-million-to-banks-coffers.html

It appears the bank knew it was headed for trouble as in 2011 net equty was increased to $7.4 million from the previous year (after a 2010 $4.9 million bank loss, but 2011 saw a $11.2 non-current loan and then September 30, 2012 the bank showed a $12.7 million loss resulting in a negative equity of $5.3 million following a $6.7 million charge off September 30, 2012.

It can be said that those involved in real estate and mortgages know their community, but when it is so one sided, the directions of the board is myopic.

(in millions, unless otherwise)

Net Equity
2006 $10.3
2007 $10.7
2008 $6.9
2009 $4.4
2010 $3.1
2011 $7.4
9/31 -$5.3

Profit
2006 $357,000
2007 $296,000
2008 -$4.9
2009 -$2.1
2010 -$4.9
2011 -$576,000
9/30  -$12.7

Non-Current Loans
2006 0
2007 0
2008 $6.1
2009 $11.2
2010 $10.4
2011 $14.1

Charge Offs

2006 0
2007 0
2008 $1.7 ($1.6 construction/land,$104,000 1-4 family, $12,000 individual.)
2009 $2.0 ($1.8 construction/land,$169,000 nonfarm/nonres.,$17,000 commercial)
2010 $1.4 ($1.3 construction/land, $23,000 commercial/industrial)
2011 $293,000 ( $291,000 construction/land, $2,000 individuals)
9/31 $6.7 ($4.1 construction/land, $1.5 nonfarm/nonres., $755,000 1-4 family, $239,000 commercial/industrial).

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

As of September 30, 2012, Hometown Community Bank had approximately $124.6 million in total assets and $108.9 million in total deposits. In addition to assuming all of the deposits of the failed bank, CertusBank, N.A. agreed to purchase essentially all of the assets.

As of September 30, 2012, Hometown Community Bank had approximately $124.6 million in total assets and $108.9 million in total deposits.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $36.7 million.

(1) High Trust Bank
http://leasingnews.org/archives/Jul2011/7_18.htm#bank_beat

http://www.fdic.gov/news/news/press/2012/pr12134.html

Bank Failure Map and Statistics:
http://leasingnews.org/archives/Nov2012/11_14.htm#snl

List of Bank Failures:
http://www.fdic.gov/bank/individual/failed/banklist.html

Bank Beat:
http://www.leasingnews.org/Conscious-Top%20Stories/Bank_Beat.htm

 

 

 

 

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“Job Application Follow Up”
Career Crossroad---By Emily Fitzpatrick/RII

Question: I applied electronically for a position that was posted about two weeks ago and have not received any response. How should I proceed in following up?

Answer: You have to understand that HR reps receive 100s of resumes weekly; it takes weeks for HR to review resumes and qualify candidates. Utilizing a recruiter can avoid these time lapses - we know how to move the process along!

Sometimes you have to wait and be patient (argg). You can try following up, but you have to be careful – assertive is good – aggressive is NOT.

Reaching out to the individual you submitted your credentials to is appropriate. However, too many calls = a nuisance and will hinder your chances of a call back. Three is the magic number:

1. 24 hours after submittal
2. 3 business days from your initial call
3. 7 business days from 2nd call
4. An email in between call 2 and 3 is also deemed appropriate

A follow-up email should reiterate your qualifications for the position. If you still do not hear from the company, move on. I suggest contacting a recruiter who can minimize the stress of the application process!

Tip: If your resume is not compelling, I guarantee there are 100s of others that are – it will go to the bottom of the pile!

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

 

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Leasing News Help Wanted Classified Ad
(Appears on top of News Headlines
in a rotation basis with other Help Wanted as)

(This offer will expire November 21st)

[headlines]
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"The Memory Shock"
by Barry Reitman

Well known leasing broker, active in the National Association of Equipment Leasing Brokers (NAELB), former moderator of the NAELB blogs, is also a lecturer on memory with a list of clients including the NYPD Police Academy.

In reading his new book on improving your memory, it was both entertaining and informative--- but make no mistake this is no game or trick, but divided into several levels, with the reader deciding which to reach for, or to re-read and study. I found it to be learning a new way of "thinking," of opening the existing memory, the attic as Sherlock Holmes called it, and bringing this out of storage.

There really are no secrets in Barry's book, as he explains it, and it is organized to open your thinking, more than just like exercising a muscle, as it also brings creativity and insight that exists. He not only demonstrates but illustrates, almost as if he is there talking with you.

It is 238 pages. You can stop after reaching the goal you want to, or continue.

If you have a child or grandchild in college, this is a must Christmas or birthday present.

---Kit Menkin, editor

$19.95 at Amazon.com 
"The Memory Shock" by Barry Reitman
(Also available in Kindle edition--$9.99)
http://www.amazon.com/s/ref=nb_sb_noss_1?url=search-alias%3Dstripbooks&field-keywords=memory+shock+by+barry+reitman

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Leasing News Top Stories Nov. 14—Nov. 16

Here are the top ten stories opened by readers

(1) Archives: November 14, 2000
Signature Leasing, Dublin, California,
Lets Employees Go at 4pm Yesterdayhttp://leasingnews.org/archives/Nov2012/11_14.htm#archives

(2) GreatAmerica Changes its Trade Name
http://leasingnews.org/archives/Nov2012/11_14.htm#greatamerica

(3) NAELB Conference, Irvine, California
by Dwight Galloway, CLP
http://leasingnews.org/archives/Nov2012/11_16.htm#naelb

(4) Leasing 102 by Mr. Terry Winders, CLP
“Lease Documents for the future”
http://leasingnews.org/archives/Nov2012/11_14.htm#docs

(5) On Deck reaches $300 Million Delivered to Main Street
with the help of 1500 distribution partners
by Christopher Menkin
http://leasingnews.org/archives/Nov2012/11_16.htm#ondeck

(6) Archives, November 16, 2000
Equipment Leasing Volume Continues to Surge
--Leasing Industry Expected to Grow to $260 billion in 2000
http://leasingnews.org/archives/Nov2012/11_16.htm#archives

(7) Collection Agency’s Robo-Phone Calls to Customers Cell
Phone Snares Agency in Class Action Suit
By Tom McCurnin
http://leasingnews.org/archives/Nov2012/11_16.htm#collections

(8) New Hires---Promotions
http://leasingnews.org/archives/Nov2012/11_16.htm#hires

(9) Municipal LED Street Light Financing by Atticus Financial
http://leasingnews.org/archives/Nov2012/11_14.htm#atticus

(10) Kentucky Court Finds Secret Government Lien for Lease
Displaces Junior Creditor's Perfect Lien
By Tom McCurnin
http://leasingnews.org/archives/Nov2012/11_14.htm#kentucky

 

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

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)

 

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

Office Manager Faces Six years, $250,000
Writing False Payroll Checks her bosses

Santa Ana, California –Denise Browning, formerly a resident of Huntington Beach, California, was found guilty of two counts of aiding and assisting in the preparation of false payroll tax returns, following a three day trial before U.S.District Judge Philip S. Gutierrez on Friday.

Denise Browning, 47, was previously charged with two counts of aiding and assisting in the preparation of false payroll returns in an eight count indictment filed on August 26, 2011.

According to the indictment, Michael P. Harvey, 53, formerly of Anaheim Hills, and Jason M. Harvey, 32, formerly of Yorba Linda, and owner of Advanced Business Payroll, Inc., Global Business Outsource Solutions, Inc., and Global Consulting, Inc., were arraigned for attempting to evade the payment of over $15 million in payroll taxes and interest due to the IRS. Denise Browning was alleged to have aided and assisted in the preparation of the false payroll tax returns, Forms 941, for Advance Business Payroll, Inc. and Global Payroll Services, Inc.

On January 6, 2012, Michael Harvey pleaded guilty to evading the payment of payroll taxes and interest assessed against him by IRS. On July 31, 2012, Jason Harvey also pleaded guilty to evading the payment of payroll taxes and interest assessed against him by IRS.

According to court documents, beginning around September 18, 2006 and continuing through at least December 29, 2006, Michael P. Harvey and Jason M. Harvey attempted to evade the payment of a tax liability of more than $15 million assessed against Michael P. Harvey for his failure to pay to the IRS taxes withheld from the wages of employees.

According to court documents, around September 18, 2006, an agent of the IRS served wage levies directed to Advanced Business Payroll, Inc., Global Business Outsource Solutions, Inc., and Global Consulting, Inc., companies which were owned and operated by Jason M. Harvey. The levies required those companies to pay to the IRS amounts that became due and owing by the companies to Michael P. Harvey. Both Michael Harvey and Jason Harvey acknowledged service of the levies in writing around September 27, 2006. Michael Harvey admitted that he caused the companies to not honor the levies, and aided Jason Harvey to cause those companies to not honor the IRS levies.

According to court documents, before the service of the levies, Advanced Business Payroll, Inc., Global Business Outsource Solutions, Inc., and Global Consulting, Inc. issued more than 45 checks made payable to Michael Harvey which totaled more than $230,000. However, after service of the levies, the companies instead made cash payments to Michael Harvey of at least $62,700, and also paid Michael Harvey at least six checks made payable to “cash” totaling $22,800, without paying such amounts to the IRS in accordance with the levies. Also, in December 2006, Jason Harvey and Michael Harvey caused Global Consulting Inc., to issue two checks totaling $100,000 for the credit of Michael Harvey which were used to make payments on a personal judgment against Michael Harvey.

At time of sentencing, Denise Browning faces a maximum sentence of six years imprisonment; a one year period of supervised release; a fine of $250,000 or twice the gross gain or loss resulting from the offense, whichever is greater; and a mandatory special assessment of $200. Sentencing is scheduled for February 13, 2012 before U.S. District Judge Philip S. Gutierrez at 10:00 AM.

At time of sentencing, Jason Harvey and Michael P. Harvey each face a maximum sentence of five years imprisonment; a three year period of supervised release; a fine of $250,000 or twice the gross gain or loss resulting from the offense, whichever is greater; and a mandatory special assessment of $100. Sentencing is scheduled for Jason Harvey and Michael P. Harvey January 28, 2013 before U.S. District Judge George H. King at 11:00 AM.

United States Attorney’s Office Contact:

Assistant United States Attorney
Darwin Thomas (213) 894-2740

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

 

((Please Click on Bulletin Board to learn more information))
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

Afghan House/Alaskan Malamute Mix
Grand Rapids, Iowa Adopt-a-Dog

Max
Color: Brown/Chocolate - With Tan
Age: Two Years Old
Size: 80 lbs.

"I am already neutered, housetrained, in need of an experienced adopter, up to date with shots, good with kids, good with dogs, and not good with cats."

Max's Story..
"MAX is a beautiful boy who is half Alaskan malamute, half Afghan. He is two years old and 80 pounds. Max enjoys playing with other dogs as long as they are not aggressive. He is a striking sight when he trots happily at the end of a leash, looking very much like an Afghan. Max rides well in a car and is house-trained. Max MUST have a 6 ft. privacy fence. He can easily jump 4 ft.

"Max’s adoption fee is on a sliding scale of $100-$150; you choose the amount that is right for you. Max is in a Cedar Rapids foster home, where he is getting along well with the resident dogs. He is a very energetic dog and needs a lot of daily exercise. Max is a great running and walking partner.

Contact This Shelter...
Shelter: Dogs Forever
Phone: (319) 481-0977
Let 'em know you saw "Max" on Adopt-a-Pet.com!
E-mail: dogsforever@netins.net
Let 'em know you saw "Max" on Adopt-a-Pet.com!
Website: http://dog-rescue-iowa.org
Address: 3800 Wilson Avenue SW
Cedar Rapids, IA 52404

Please visit us on any Saturday from 11:00 to 3:00. Safe Place is at 3800 Wilson Avenue SW in Cedar Rapids. We are in the former Dog Zone space, on the street that runs behind the outdoor mall on Edgewood where Gander Mountain is located. Our street has a Goodwill on the corner. Next to that is Westdale Bowling Center, followed by a self-storage facility, followed by our building. There is a church, Relevant Life Ministries, in the front of the building; we are in the back. When you pull into our drive, there is a sign directing you to drive straight back. A six-foot sign above the door and a smaller sign on the door will tell you you’re at the right place.

 

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

Adopt a Pet
http://www.adoptapet

 

Salvation Army Donations
Thank You

(Please click on Kettle to make a donation)

http://www.onlineredkettle.org/kitmenkin

At this press time, would like to thank
Dr. Richard Cohen, Bruce Kropschot, and Bob Teichman
for their generous donations.
Kit Menkin

 

News Briefs----

Fitch Says US Financing & Leasing Well Position for 2013
http://www.reuters.com/article/2012/11/15/idUSWNA957520121115

Why leasing is better than paying cash for technology
http://www.thehindu.com/sci-tech/technology/why-leasing-is-better-than-paying-cash-for-technology/article4106141.ece

Secession would cost the New Confederacy
http://www.upi.com/Business_News/2012/11/18/Secession-would-cost-the-New-Confederacy/UPI-68311353281160/

In sign of growing clout, Brazil’s corn helps hold up U.S. market
http://www.washingtonpost.com/business/economy/in-sign-of-growing-clout-brazils-corn-helps-hold-up-us-market/2012/11/18/3f1c8e0e-2ce3-11e2-89d4-040c9330702a_story.html

 

[headlines]
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You May Have Missed---

Food tours are enriching travel
http://www.boston.com/business/news/2012/11/16/travel-destinations-for-the-hungry/cPoeguKbIKaI8D8u3CiQUM/pictures.html

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

SparkPeople--Live Healthier and Longer

SparkPeople--Live Healthier and Longer

21 Ways to Slim Down Your Thanksgiving Feast
http://www.sparkpeople.com/resource/nutrition_articles.asp?id=1238

[headlines]
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Sports Briefs----

Colts Show Their Youth; Patriots Show Their Best
http://www.nytimes.com/2012/11/19/sports/football/andrew-luck-and-colts-show-youth-in-loss-to-patriots.html?_r=0

Rout if Colts Rob Gronkowski breaks forearm
http://espn.go.com/boston/nfl/story/_/id/8650833/source-rob-gronkowski-breaks-forearm-new-england-patriots-win

Oakland Raiders routed 38-17 by New Orleans Saints
http://www.contracostatimes.com/raiders/ci_22023005/oakland-raiders-routed-38-17-by-new-orleans

Matt Barkley out against Notre Dame
http://espn.go.com/los-angeles/ncf/story/_/id/8650748/matt-barkley-play-usc-trojans-notre-dame-fighting-irish-lane-kiffin-says

Cowboys pull to .500 with ugly victory over two-win Browns
http://www.dallasnews.com/sports/dallas-cowboys/headlines/20121118-analysis-cowboys-pull-to-.500-with-ugly-victory-over-two-win-browns.ece

Broncos beat Chargers, quarter by quarter
http://www.utsandiego.com/news/2012/nov/18/chargers-and-broncos-quarter-quarter/

Sanchez and Jets End Skid, Changing the Conversation, at Least for Now
http://www.nytimes.com/2012/11/19/sports/football/mark-sanchez-and-jets-top-rams-ending-a-three-game-skid.html?hp

 

[headlines]
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SEE IT THROUGH

by Edgar A. Guest (1881-1959)

When you're up against a trouble, Meet it squarely, face to face; Lift your chin and set your shoulders, Plant your feet and take a brace. When it's vain to try to dodge it, Do the best that you can do; You may fail, but you may conquer, See it through!

Black may be the clouds about you And your future may seem grim, But don't let your nerve desert you; Keep yourself in fighting trim. If the worst is bound to happen, Spite of all that you can do, Running from it will not save you, See it through!

Even hope may seem but futile, When with troubles you're beset, But remember you are facing Just what other men have met. You may fail, but fall still fighting; Don't give up, whate'er you do; Eyes front, head high to the finish. See it through!

Edgar A Guest,. often referred to as the common man's poet. was a staff writer for the Detroit News (Michigan) and had his poetry published in the paper for many years.

[headlines]
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California Nuts Briefs---

Rosie McGee’s ‘Dancing with the Dead’
http://cotati.towns.pressdemocrat.com/2012/11/news/17909/

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

“Gimme that Wine”

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

Kundes selling Saralee's Vineyard and Richard's Grove to Jackson Family Wines
http://www.pressdemocrat.com/article/20121115

Extreme weather ends Europe’s cheap-wine era
http://blogs.marketwatch.com/thetell/2012/11/15/extreme-weather-ends-europes-cheap-wine-era/

Peter Mondavi Sr. Celebrates His 98 Years in Charles Krug Ceremony
http://healdsburg.patch.com/articles/peter-mondavi-sr-celebrates-98-years-at-charles-krug-ceremony

 

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

      1493- Columbus discovered Puerto Rico on his second voyage to the New World. He never set foot on the mainland of what today is the United States. He was a major slave trader of the times, committing genocide, bringing tobacco to addict Europe ( a crop unknown before its discovery in the New World.) Contrary to published reports, the world was known to the general population to be round, there was a easy sail at the time of the year to the Bahama’s, and he died a rich man from all the “commissions” he received from the many voyages to plunder the islands he discovered. (see two books by James W. Loewen, “The Truth about Columbus,” and “ Lies, May Teach Told Me.”)
    1620 - The Pilgrims reached Cape Cod. Mariner Bartholomew Gosnold (1572-1607) sailed the New England coast in 1602, naming things as he went.When the Pilgrims first set foot in the New World in November 1620, it was at the site of Provincetown, at the tip of Cape Cod. They rested only long enough to draw up rules of governance (the Mayflower Compact) before setting sail westward in search of a more congenial place for their settlement, which they found at Plymouth. Later settlers stayed on the Cape, founding fishing villages along the coasts. The fishing industry drew boat builders and salt makers. Soon there were farmers working the cranberry bogs as well, and whaling ships bringing home rich cargoes of oil and whalebone. 
    1752-Birthday of George Rogers Clark, American soldier and frontiersman, born at Albermarie County, VA. Died at Louisville, KY, Feb. 13, 1818.
    1831 - birthday of James Garfield, Twentieth president of the US (and the first left-handed president) was born at Orange, OH. Term of office: Mar 4—Sept 19, 1881. While walking into the Washington, DC, railway station on the morning of July 2, 1881, Garfield was shot by disappointed office seeker Charles J. Guiteau. He survived, in very weak condition, until Sept 19, 1881, when he succumbed to blood poisoning at Elberon, NJ (where he had been taken for recuperation). Guiteau was tried, convicted and hanged at the jail at Washington, June 30, 1882.
    1847- Mary Anna Hallock Foote illustrated and wrote of life in mining towns and California.
http://askart.com/Biography.asp
http://members.tripod.com/~ntgen/bw/ha_notable.html#Mary
    1862- birthday of evangelist Billy Sunday. A little known fact, Sunday was a major league outfielder in the 1880s before leaving the game to became an evangelist. Died at Chicago, IL, Nov 6, 1935.
    1863 - Seventeen acres of the battlefield at Gettysburg, PA, were dedicated as a national cemetery. Noted orator Edward Everett spoke for two hours; the address that Lincoln delivered in less than two minutes was later recognized as one of the most eloquent of the English language. Five manuscript copies in Lincoln’s hand survive, including the rough draft begun in ink at the executive Mansion at Washington and concluded in pencil at Gettysburg on the morning of the dedication (kept at the Library of Congress).
http://memory.loc.gov/ammem/today/nov19.html
    1868- Testing the wording of the 14th Amendment that says “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” 172 New Jersey suffragists, including four black women, attempted to vote in the presidential election. Denied, they cast their votes instead into a women’s ballot box overseen by 84-year-old Quaker Margaret Pryer
    1874- William Marcy "Boss" Tweed, of Tammany Hall (NYC) convicted of defrauding the city of $12M, sentenced to 12 years' imprisonment: convicted of 204 counts of fraud. Estimates of sum Tweed swindled from City Treasury range up to $200 million.
http://7-12educators.about.com/blabosstweed.htm
http://www.cmsu.edu/cj/boss.htm
    1874-Developed out of the Women’s Temperance Crusade of 1873, the Women’s Christian Temperance Union was organized at Cleveland, OH. The Crusade had swept through 23 states with women going into saloons to sing hymns, pray and ask saloonkeepers to stop selling liquor. Today the temperance group, headquartered at Evanston, IL, includes more than a million members with chapters in 72 countries and continues to be concerned with educating people on the potential dangers of the use of alcohol, narcotics and tobacco.
    1883 -- The United States Uniform Time Zone Plan (4 zones of 15 degrees) is put into operation: modern capitalism asserts total control of the social through the development of mass communications and transportation. "Despite all the good scientific and military arguments for world time, it was the railroad companies and not the government that were the first to institute it. Around 1870, if a traveler from Washington to San Francisco set his watch in every town he passed through, he would set it over two hundred times"
--- Stephen Kern, The Culture Of Time Space.
    1885- Birthday of Haldor Lillenas, American hymn writer. He penned nearly 4,000 Gospel texts and hymn tunes during his lifetime, including "It Is Glory Just to Walk With Him," Wonderful Grace of Jesus" and "Peace, Peace, Wonderful Peace."
    1905-Birthday of trombone player/band leader Tommy Dorsey Birthday
http://www.redhotjazz.com/tommy.html
http://www.tommydorseyorchestra.org/
    1908-birthday of trombone player Keg Johnson, Dallas, TX
http://www.artistdirect.com/music/artist/bio/0,,
449858,00.html?artist=Keg+Johnson
    1915 -- IWW labor organizer, folk-poet Joe Hill murdered by firing squad in Utah. The subject of numerous songs, plays, & books. Some of his songs have been available continuously in the IWW's "Little Red Song Book," now in its 36th edition. Hill was convicted of killing a grocer & his son, even though the bullets were not from Hill's revolver & no one identified him as the murderer. His last words:
"Don't mourn, organize!"
Poet Alfred Hays wrote a ballad in Hill's memory:
"I dreamed I saw Joe Hill last night,
Alive as you and me.
Says I, 'But Joe you're ten years dead,'
'I never died,' says he."
Labor organizer for the radical Industrial Workers of the World (IWW) & writer of union songs, Hill became a martyr upon his execution. Efforts by President Woodrow Wilson, the government of Sweden, & many prominent Americans to get him a new trial had failed. Utah Phillips has recorded Joe Hill's songs, some downloadable at,
http://hillstrom.iww.org/music/Utah_Phillips/
See: Smith, Gibbs M., Labor Martyr: Joe Hill (1972). (Grolier Electronic Publishing, Inc., 1995 Encyclopedia) Only hours before facing the firing squad labor organizer Joe Hill composed his "Last Will":
My will is easy to decide,
For there is nothing to divide.
My kin don't need to fuss & moan
Moss does not cling to a rolling stone.
My body - Oh! - if I could choose,
I would to ashes it reduce,
& let the merry breezes blow
My dust to where some flowers grow.
Perhaps some fading flower then
Would come to life & bloom again.
This is my Last & Final Will.
Good luck to all of you,
— Joe Hill
http://hillstrom.iww.org/joehill.html
http://www.pbs.org/joehill/story/
http://iww.org/
    1919 - The Senate rejected the Treaty of Versailles by a vote of 55 in favor to 39 against, short of the two-thirds majority needed for ratification.
    1921- birthday of Roy Campanella, one of the first black major leaguers and a star of one of baseball’s greatest teams, the Brooklyn Dodgers’ “Boys of Summer,” was born at Philadelphia, PA. Campy, as he was often called, was named the National League MVP three times in his 10 years of play, in 1951,1953 and 1955. Campanella had his highest batting average in 1951 (.325) and in 1953 he established three single-season records for a catcher— most putouts (807), most home runs (41) and most runs batted in (142)—as well as having a batting average of .312. His career was cut short on Jan 28, 1958, when an automobile accident left him paralyzed. Campy gained even more fame after his accident as an inspiration and spokesman for the handicapped. He was named to the Baseball Hall of Fame in 1969. Roy Campanella died June 26, 1993, at Woodland Hills, CA.
    1921 - The Columbia Gorge ice storm finally came to an end. In Oregon, 54 inches of snow, sleet and glaze blocked the Columbia River Highway at the Dalles. Apart from traffic on the river itself, all transportation between Walla Walla WA and Portland OR came to a halt. Nine trains were stopped as railroads were blocked for several days.
    1934- Chick Webb Band records “Blue Lou,” “ Don’t Be that Way.”
    1942--FOSS, JOSEPH JACOB Medal of Honor
Rank and organization: Captain, U.S. Marine Corps Reserve, Marine Fighting Squadron 121, 1st Marine Aircraft Wing. Place and date: Over Guadalcanal, 9 October to 19 November 1942, 15 and 23 January 1943. Entered service at: South Dakota. Born: 17 April 1 915, Sioux Falls, S. Dakota. Citation: For outstanding heroism and courage above and beyond the call of duty as executive officer of Marine Fighting Squadron 121, 1st Marine Aircraft Wing, at Guadalcanal. Engaging in almost daily combat with the enemy from 9 October to 19 November 1942, Capt. Foss personally shot down 23 Japanese planes and damaged others so severely that their destruction was extremely probable. In addition, during this period, he successfully led a large number of escort missions, skillfully covering reconnaissance, bombing, and photographic planes as well as surface craft. On 15 January 1943, he added 3 more enemy planes to his already brilliant successes for a record of aerial combat achievement unsurpassed in this war. Boldly searching out an approaching enemy force on 25 January, Capt. Foss led his 8 F-4F Marine planes and 4 Army P-38's into action and, undaunted by tremendously superior numbers, intercepted and struck with such force that 4 Japanese fighters were shot down and the bombers were turned back without releasing a single bomb. His remarkable flying skill, inspiring leadership, and indomitable fighting spirit were distinctive factors in the defense of strategic American positions on Guadalcanal.
    1943-CROMWELL, JOHN PHILIP Medal of Honor
Rank and organization: Captain, U.S. Navy. Born: 11 September 1901, Henry, Ill. Appointed from: Illinois. Other Navy award: Legion of Merit. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty as Commander of a Submarine Coordinated Attack Group with Flag in the U.S.S. Sculpin, during the 9th War Patrol of that vessel in enemy-controlled waters off Truk Island, 19 November 1943. Undertaking this patrol prior to the launching of our first large-scale offensive in the Pacific, Capt. Cromwell, alone of the entire Task Group, possessed secret intelligence information of our submarine strategy and tactics, scheduled Fleet movements and specific attack plans. Constantly vigilant and precise in carrying out his secret orders, he moved his undersea flotilla inexorably forward despite savage opposition and established a line of submarines to southeastward of the main Japanese stronghold at Truk. Cool and undaunted as the submarine, rocked and battered by Japanese depth charges, sustained terrific battle damage and sank to an excessive depth, he authorized the Sculpin to surface and engage the enemy in a gunfight, thereby providing an opportunity for the crew to abandon ship. Determined to sacrifice himself rather than risk capture and subsequent danger of revealing plans under Japanese torture or use of drugs, he stoically remained aboard the mortally wounded vessel as she plunged to her death. Preserving the security of his mission, at the cost of his own life, he had served his country as he had served the Navy, with deep integrity and an uncompromising devotion to duty. His great moral courage in the face of certain death adds new luster to the traditions of the U.S. Naval Service. He gallantly gave his life for his country.
    1943- Stan Kenton records his them “Artistry in Rhythm” Capital 159
http://www.artistdirect.com/store/artist/album/0,,113753,00.html
http://www.amazon.com/exec/obidos/ASIN/B00004THEJ/inktomi-
musicasin-20/ref%3Dnosim/104-3191958-8595946
    1944-Looking for ways to fund World War II, President Franklin D. Roosevelt announced the 6th War Loan Drive on this day. The Loan Drive flooded the market with war bonds intended to meet Roosevelt's goals of "immediately" raising $14 billion for the war.
    1944--McGRAW, FRANCIS X. Medal of Honor
Rank and organization: Private First Class, U.S. Army, Company H, 26th Infantry, 1st Infantry Division. Place and date: Near Schevenhutte, Germany, 19 November 1944. Entered service at: Camden. N.J. Birth: Philadelphia, Pa. G.O. No.: 92, 25 October 1945. Citation: He manned a heavy machinegun emplaced in a foxhole near Schevenhutte, Germany, on 19 November 1944, when the enemy launched a fierce counterattack. Braving an intense hour-long preparatory barrage, he maintained his stand and poured deadly accurate fire into the advancing foot troops until they faltered and came to a halt. The hostile forces brought up a machinegun in an effort to dislodge him but were frustrated when he lifted his gun to an exposed but advantageous position atop a log, courageously stood up in his foxhole and knocked out the enemy weapon. A rocket blasted his gun from position, but he retrieved it and continued firing. He silenced a second machinegun and then made repeated trips over fire-swept terrain to replenish his ammunition supply. Wounded painfully in this dangerous task, he disregarded his injury and hurried back to his post, where his weapon was showered with mud when another rocket barely missed him. In the midst of the battle, with enemy troops taking advantage of his predicament to press forward, he calmly cleaned his gun, put it back into action and drove off the attackers. He continued to fire until his ammunition was expended, when, with a fierce desire to close with the enemy, he picked up a carbine, killed 1 enemy soldier, wounded another and engaged in a desperate firefight with a third until he was mortally wounded by a burst from a machine pistol. The extraordinary heroism and intrepidity displayed by Pvt. McGraw inspired his comrades to great efforts and was a major factor in repulsing the enemy attack.
    1944--MILLER, ANDREW Medal of Honor
Rank and organization: Staff Sergeant, U.S. Army, Company G, 377th Infantry, 95th Infantry Division. Place and date: From Woippy, France, through Metz to Kerprich Hemmersdorf, Germany, 1629 November 1944. Entered service at: Two Rivers, Wis. Birth: Manitowoc, Wis. G.O. No.: 74, 1 September 1945. Citation: For performing a series of heroic deeds from 1629 November 1944, during his company's relentless drive from Woippy, France, through Metz to Kerprich Hemmersdorf, Germany. As he led a rifle squad on 16 November at Woippy, a crossfire from enemy machineguns pinned down his unit. Ordering his men to remain under cover, he went forward alone, entered a building housing 1 of the guns and forced S Germans to surrender at bayonet point. He then took the second gun single-handedly by hurling grenades into the enemy position, killing 2, wounding 3 more, and taking 2 additional prisoners. At the outskirts of Metz the next day, when his platoon, confused by heavy explosions and the withdrawal of friendly tanks, retired, he fearlessly remained behind armed with an automatic rifle and exchanged bursts with a German machinegun until he silenced the enemy weapon. His quick action in covering his comrades gave the platoon time to regroup and carry on the fight. On 19 November S/Sgt. Miller led an attack on large enemy barracks. Covered by his squad, he crawled to a barracks window, climbed in and captured 6 riflemen occupying the room. His men, and then the entire company, followed through the window, scoured the building, and took 75 prisoners. S/Sgt. Miller volunteered, with 3 comrades, to capture Gestapo officers who were preventing the surrender of German troops in another building. He ran a gauntlet of machinegun fire and was lifted through a window. Inside, he found himself covered by a machine pistol, but he persuaded the 4 Gestapo agents confronting him to surrender. Early the next morning, when strong hostile forces punished his company with heavy fire, S/Sgt. Miller assumed the task of destroying a well-placed machinegun. He was knocked down by a rifle grenade as he climbed an open stairway in a house, but pressed on with a bazooka to find an advantageous spot from which to launch his rocket. He discovered that he could fire only from the roof, a position where he would draw tremendous enemy fire. Facing the risk, he moved into the open, coolly took aim and scored a direct hit on the hostile emplacement, wreaking such havoc that the enemy troops became completely demoralized and began surrendering by the score. The following day, in Metz, he captured 12 more prisoners and silenced an enemy machinegun after volunteering for a hazardous mission in advance of his company's position. On 29 November, as Company G climbed a hill overlooking Kerprich Hemmersdorf, enemy fire pinned the unit to the ground. S/Sgt. Miller, on his own initiative, pressed ahead with his squad past the company's leading element to meet the surprise resistance. His men stood up and advanced deliberately, firing as they went. Inspired by S/Sgt. Miller's leadership, the platoon followed, and then another platoon arose and grimly closed with the Germans. The enemy action was smothered, but at the cost of S/Sgt. Miller's life. His tenacious devotion to the attack, his gallant choice to expose himself to enemy action rather than endanger his men, his limitless bravery, assured the success of Company G.
    1944---RIVERS, RUBEN Medal of Honor
Citation: For extraordinary heroism in action during the 15-19 November 1944, toward Guebling, France. Though severely wounded in the leg, Sergeant Rivers refused medical treatment and evacuation, took command of another tank, and advanced with his company in Guebling the next day. Repeatedly refusing evacuation, Sergeant Rivers continued to direct his tank's fire at enemy positions through the morning of 19 November 1944. At dawn, Company A's tanks began to advance towards Bougaktroff, but were stopped by enemy fire. Sergeant Rivers, joined by another tank, opened fire on the enemy tanks, covering company A as they withdrew. While doing so, Sergeant River's tank was hit, killing him and wounding the crew. Staff Sergeant Rivers' fighting spirit and daring leadership were an inspiration to his unit and exemplify the highest traditions of military service.
    1950---Top Hits
Harbor Lights - The Sammy Kaye Orchestra (vocal: Tony Alamo)
Goodnight Irene - The Weavers
Thinking of You - Don Cherry
I’m Moving On - Hank Snow
    1954- At the Union Toll Plaza on New Jersey’s Garden State Parkway motorists dropped 25 cents into a wire mesh hopper and a green light would flash. This was the first automatic toll machine. If they didn’t drop the money in, an alarm sounded. A machine that could provide correct change went into operation at the extreme right lane of each direction of traffic. The first modern toll road was the Pennsylvania Turnpike which opened in 1940. On the West Coast, most highways are “free,” thus the word, “freeway.”
    1954--Sammy Davis Jr. was involved in a car accident in San Bernardino, California. Three days later he lost the sight in his left eye. It was rumored it was not an accident, but because he was dating Kim Novak. He said the accident changed his career. While in the hospital, friend Eddie Cantor tells Davis about the twin struggles of the Jewish and African-Americans, leading Davis to convert to Judaism. (The accident, paradoxically, increased his popularity.) He had released a number of singles which were mostly ignored until he signed with Decca Records in 1955, where he scored hits with "Something's Gotta Give", "Love Me or Leave Me" and "That Old Black Magic".
    1955--Carl Perkins recorded "Blue Suede Shoes" at Sun Studios in Memphis. It became his biggest Pop hit, reaching #2 on the Billboard chart. Elvis Presley's version, which gets more air-play these days, only managed to get to #20. 
    1957-Chicago radio station WCFL is picketed by the local chapter of the Elvis Presley fan club when it refuses to play Presley's records. Despite the protest, the station did not change its policy.
    1957 - Nineteen inches of snow covered the ground at Cresco, IA, a record November snow depth for the state
    1958—Top Hits
Tom Dooley - The Kingston Trio
Topsy II - Cozy Cole
Beep Beep - The Playmates
City Lights - Ray Price
    1959 - The last Edsel rolled off the assembly line. Ford Motor Company stopped production of the big flop after two years and a total of 110,847 cars.
    1959-”Rocky and his Friends” premiered on TV.. This popular cartoon featured the adventures of a talking squirrel, Rocky (Rocket J. Squirrel), and his friend Bullwinkle, a flaky moose. The tongue-in-cheek dialogue contrasted with the simple plots in which Rocky and Bull-winkle tangled with Russian bad guys Boris Badenov and Natasha (who worked for Mr. Big). Other popular segments on the show included “Fractured Fairy Tales,” “Bullwinkle’s Corner” and the adventures of Sherman and Mr. Peabody (an intelligent talking dog). In 1961 the show was renamed “The Bullwinkle Show,” but the cast of characters remained the same.
http://timvp.com/bullwink.html
    1961 - A year after Chubby Checker reached the #1 spot with "The Twist", the singer appeared on "The Ed Sullivan Show" to sing the song again. "The Twist" became the first record to reach #1 a second time around.
    1961 — Cleveland running back Jim Brown rushes for an NFL record 242 yards and four touchdowns as the Browns beat the Philadelphia Eagles 45-24. 
    1962- Jodie Foster, film actor, director, and producer. Multi- Academy Award winner for her acting performances in Cry of the Lambs and Accused. Jodie was the youngest of four children raised by her mother Brandy, an art dealer and publicist. Jodie's father deserted the family before Jodie was born.
http://www.jodiefoster.nu/
http://us.imdb.com/name/nm0000149/bio
    1964---Gary Lewis and The Playboys record "This Diamond Ring", which will climb to number one in the US the following January.
    1964-Gary Lewis records "This Diamond Ring", which will climb to number one in the US the following January. Although the single will be credited to Gary Lewis And The Playboys, the music was actually provided by studio musicians and Lewis' voice was heavily mixed with that of singer Ron Hicklin. Co-writer Al Kooper has often said that although it has been his biggest commercial success as a songwriter, he was never happy with the Lewis version.
    1965 -- Pop Tarts pastries created.
http://www.kelloggs.com/products/poptarts.html
http://www.pmichaud.com/toast/
    1966-- in one of the more famous college football match-ups between teams ranked No. 1 and No. 2, top-ranked Notre Dame tied second-ranked Michigan State, 10-10.
    1966—Top Hits
You Keep Me Hangin’ On - The Supremes
Good Vibrations - The Beach Boys
Winchester Cathedral - The New Vaudeville Band
I Get the Fever - Bill Anderson
    1966 - Six weeks before his 31st birthday, LA Dodgers pitcher Sandy Koufax, plagued by arthritis, announced his retirement from baseball. Koufax compiled a 12-season record of 165 wins, 87 losses and 2,396 strikeouts.
    1966 -The Special Events Committee present The Righteous Brothers, April Stevens and Nino Tempo in the USF Gymnasium at the University of San Francisco. Same night: Beau Brummels at the Carousel Ballroom. Grateful Dead at the Fillmore Auditorium Quicksilver Messenger Service, Country Joe & the Fish at the Avalon Ballroom. The city was rockin'!
    1966 - The Supremes' "You Keep Me Hanging On" hits #1
    1967-For action this date, Chaplain (Major) Charles Watters of the 173rd Airborne Brigade is awarded the Medal of Honor. Chaplain Watters was serving with the 2nd Battalion, 503rd Infantry when it conducted an attack against North Vietnamese forces entrenched on Hill 875 during the Battle of Dak To. The Catholic priest from New Jersey moved among the paratroopers during the intense fighting, giving encouragement and first aid to the wounded. At least six times he left the defensive perimeter with total disregard regard for his own personal safety to retrieve casualties and take them for medical attention. Once he was satisfied that all of the wounded were inside the perimeter, he busied himself helping the medics, applying bandages, and providing spiritual strength and support. According to reports filed by survivors of the battle, Father Watters was on his knees giving last rites to a dying soldier when an American bomber accidentally dropped a 500-pound bomb onto the group of paratroopers. Father Watters was killed instantly. He was awarded a posthumous Medal of Honor on November 4, 1969, in a ceremony at the White House.
    1967---*WATTERS, CHARLES JOSEPH Medal of Honor
Rank and organization: Chaplain (Maj.), U .S. Army, Company A, 173d Support Battalion, 173d Airborne Brigade. Place and date: Near Dak To Province, Republic of Vietnam, 19 November 1967. Entered service at: Fort Dix, N.J. Born: 17 January 1927, Jersey City, N.J. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Chaplain Watters distinguished himself during an assault in the vicinity of Dak To. Chaplain Watters was moving with one of the companies when it engaged a heavily armed enemy battalion. As the battle raged and the casualties mounted, Chaplain Watters, with complete disregard for his safety, rushed forward to the line of contact. Unarmed and completely exposed, he moved among, as well as in front of the advancing troops, giving aid to the wounded, assisting in their evacuation, giving words of encouragement, and administering the last rites to the dying. When a wounded paratrooper was standing in shock in front of the assaulting forces, Chaplain Watters ran forward, picked the man up on his shoulders and carried him to safety. As the troopers battled to the first enemy entrenchment, Chaplain Watters ran through the intense enemy fire to the front of the entrenchment to aid a fallen comrade. A short time later, the paratroopers pulled back in preparation for a second assault. Chaplain Watters exposed himself to both friendly and enemy fire between the 2 forces in order to recover 2 wounded soldiers. Later, when the battalion was forced to pull back into a perimeter, Chaplain Watters noticed that several wounded soldiers were Lying outside the newly formed perimeter. Without hesitation and ignoring attempts to restrain him, Chaplain Watters left the perimeter three times in the face of small arms, automatic weapons, and mortar fire to carry and to assist the injured troopers to safety. Satisfied that all of the wounded were inside the perimeter, he began aiding the medics--applying field bandages to open wounds, obtaining and serving food and water, giving spiritual and mental strength and comfort. During his ministering, he moved out to the perimeter from position to position redistributing food and water, and tending to the needs of his men. Chaplain Watters was giving aid to the wounded when he himself was mortally wounded. Chaplain Watters' unyielding perseverance and selfless devotion to his comrades was in keeping with the highest traditions of the U.S. Army.
    1968--Diana Ross, onstage with the Supremes at the Royal Command Variety Performance in London, interrupts the show with a plea for interracial understanding. The audience, which includes members of the royal family, applauds for two minutes. 
    1969-Astronauts to retrieve a manmade object from the moon were Commanders Charles Conrad, Jr. ,mission leader and Alan La Vern Bean, lunar landing module pilot, who recovered a piece of the unmanned spacecraft “Surveyor 3,” which had landed on the Ocean of Storms of the Moon on April 19,1967. They were two of the three astronauts on Apollo 12, 2hich was launched by a Saturn 5 rocket from Cape Canaveral, FL, at 11:22am on November 14, 1969. While Commander Richard Francis Gorden, Jr. remained in orbits to pilot the command module, Conrad and Bean descended to the moon’s surface in the lunar module “Intrepid” and remained there for one day, the second time, that human beings landed on the moon. Splashdown took play November 24, 1969, 400 miles from Samoa, after a flight of 244 hours, 36 minutes, 25 seconds.
    1974—Top Hits
Whatever Gets You Thru the Night - John Lennon with The Plastic Ono Nuclear Band
Do It (’Til You’re Satisfied) - B.T. Express
My Melody of Love - Bobby Vinton
Country Is - Tom T. Hall
    1976 - Van Morrison's Moondance album is certified gold
    1978, Indiana-born, 47-year-old Reverend Jim Jones, leader of the “Peoples Temple,” was reported to have directed the suicides of more than 911 persons at Jonestown, Guyana. US Representative Leo J. Ryan, of California, and four members of his party were killed in ambush at Port Kaituma airstrip on Nov 18, 1978, when they attempted to leave after an investigative visit to the remote jungle location of the religious cult. This day, Jones and his mistress killed themselves after watching the administration of Kool-Aid laced with the deadly poison cyanide to members of the cult. At least 913 persons died in the biggest murder-suicide in history.
    1979- pitcher Nolan Ryan became the first baseball free agent to sign a contract for a salary of one million dollars per year. Ryan moved from the California Angels to the Houston Astros.
    1980 -CBS TV bans Calvin Klein's jeans ad featuring Brooke Shields
    1981 - An unusually early snowstorm struck the Twin Cities of Minnesota, with as much as a foot of snow reported. The weight of the heavy snow caused the newly inflated fabric dome of the Hubert Humphrey Metrodome in downtown Minneapolis to collapse and rip.
    1982---Top Hits
Up Where We Belong - Joe Cocker & Jennifer Warnes
Truly - Lionel Richie
Heart Attack - Olivia Newton-John
Heartbroke - Ricky Skaggs
    1984 - 20-year-old Dwight Gooden of the New York Mets became the youngest major-league pitcher to be named Rookie of the Year in the National League. The Mets pitcher led the majors with 276 strikeouts.
    1986 - Philadelphia’s Mike Schmidt became only the third player in National League history to win the Most Valuable Player award three times. Roy Campanella of the Dodgers and Stan Musial of the Cardinals also won three National League MVP honors.
    1988 - Strong thunderstorms developed during the mid-morning hours and produced severe weather across eastern Texas and the Lower Mississippi Valley into the wee hours of the night. Thunderstorms spawned twenty-one tornadoes, including thirteen in Mississippi. One tornado killed two persons and injured eleven others at Nettleton MS, and another tornado injured eight persons at Tuscaloosa AL. Thunderstorms produced baseball size hail in east Texas and northern Louisiana, and Summit MS was deluged with six inches of rain in four hours.
    1989 - Gale force winds continued to produce squalls in the Lower Great Lakes Region early in the day. Snowfall totals in western New York State reached 24 inches in southern Lewis County, with 21 inches reported at Highmarket. Unseasonably warm weather prevailed across the Northern and Central Plains Region. Eight cities reported record high temperatures for the date, including Denver CO with a reading of 79 degrees.
    1990- A summit was held at Paris with the leaders of the Conference on Security and Cooperation in Europe (CSCE). The highlight of the summit was the signing of a treaty to dramatically reduce conventional weapons in Europe, thereby ending the Cold War.
    1990—Top Hits
Love Takes Time - Mariah Carey
Pray - M.C. Hammer
More Than Words Can Say - Alias
You Really Had Me Going - Holly Dunn
    1993- Alan Giarettino proposed marriage to Christy Stubblefield while she rode around the ice rink on the Zamboni during the intermission of an East Coast Hockey League game in Huntington, WV. Stubblefield thought she had earned the ride by winning a contest. In truth, Giarettino had arranged the contest so that he could walk onto the ice during the ride, hand her a bouquet and drop to one knee. She said, “yes.”
    1994 - Nirvana’s album, "MTV Unplugged in New York", was number one in the U.S. for the week. The album featured these tracks: "About a Girl", "Come as You Are", "Jesus Doesn’t Want Me for a Sunbeam", "The Man Who Sold the World", "Pennyroyal Tea", "Dumb", "Polly", "On a Plain", "Something in the Way", "Plateau", "Oh, Me", "Lake of Fire", "All Apologies" and "Where Did You Sleep Last Night".
    1995--A 60 track album called "Beatles Anthology I" is released in the US and sets a first-day sales record of 450,000 units. 
    1995 - Frank Sinatra's all-star 80th birthday tribute is held in the Shrine Auditorium in Los Angeles, featuring Bob Dylan performing "Restless Farewell" (at the request of Sinatra; Dylan had wanted to perform Frank's own "That's Life") and Paula Abdul singing "Luck Be A Lady." Afterwards, Dylan and fellow performer Bruce Springsteen, along with Steve Lawrence and Eydie Gorme, are invited back to the crooner's home.
    1997 - The world’s first surviving septuplets were born by Cesarean section to Bobbi McCaughey of Carlisle, Iowa. She claimed her place in the record books by giving birth to septuplets: four boys (Kenneth, Brandon, Nathan and Joel) and three girls (Alexis, Natalie and Kelsey). The seven newcomers joined a family that already included one daughter, Mikayla. The infants ranged in weight from 2 pounds, 5 ounces to 3 pounds, 4 ounces and were born over a period of six minutes. The father was Kenny McCaughey, a billing clerk at a car dealership.
    1998 - Sammy Sosa is selected as the NL MVP creating an historic Latin American sweep of the MVP awards with Ranger Juan Gonzales winning the award in the AL this season.
    2000 -- Florida counts presidential ballots (more or less)...
    2001- In a landslide vote (30 of 32 first-place votes) by the BBWAA, Giant left fielder Barry Bonds (.328, 137, 73) wins the Most Valuable Player Award for an unprecedented fourth time (1990, 92- 93 as a Pirate). Three-time MVPs include Yogi Berra, Roy Campanella, Joe DiMaggio, Jimmie Foxx, Mickey Mantle, Stan Musial and Mike Schmidt.
    2002 -Twenty-four year veteran Jesse Orosco, who all-time leader in games pitched at 1,187 agrees to a one-year contract with the Padres estimated at $800,000, At age 45, the lefty reliever, who started his major league with the Mets in 1979 (traded by the Twins for Jerry Koosman), is the oldest player in the majors.
http://baseball.espn.go.com/mlb/players/profile?statsId=1840
http://www.baseball-reference.com/o/oroscje01.shtml
    2007 - At Caroline Kennedy's 50th birthday party, guest performer Neil Diamond reveals that his 1970 hit "Sweet Caroline" was actually written about her.