Alert! GreenCity Finance, Indianapolis, Indiana

This alert was sent on November 19, 2012 by Ben Carlile, President,
Allegiant-Partners, San Rafael, California:

" I am writing to alert you to another potential scam in our industry. Allegiant's division, First Star Capital, brokered a $6.7 million deal to GreenCity Finance LLC aka Green City Energy LLC to finance LED lighting. A deposit of $30k was forwarded to GreenCity but GreenCity failed to fund the transaction and is not returning the deposit. Attempts to contact Jeff Rothbard have not been successful. I talked with our customer's attorney who told me that they are aware of several other customers who have not received their deposits back after the funding fell through.

"Thought you may want to know about this in order to warn others."

After a telephone call and email, Jeff Rothbard, sent an email that basically said it wasn't true and he would contacting Ben Carlile "later today."

After no telephone call, Mr. Carlile called Mr. Rothbard same day, but only reached voice mail, but the next day, November 2st, 5am PST (8am EST) a message was left, which Mr. Carlile returned as soon as he arrived in the office, but not response. Finally Mr. Rothbard sent an email on November 27, "I got your message and will call you in the morning your time. I am in meetings the rest of the day my time. Thanks! Jeff"

Leasing News also tried to reach Mr. Rothbard by telephone and email during this time period, but no response.

Previous Alerts:
http://www.leasingnews.org/Conscious-Top%20Stories/alert.htm

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

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Marlin's CEO Dyer Joins ELFA Board Press Release

Don't look for any change in Evergreen from ELFA
by Christopher Menkin

Marlin Business Services, Mount Laurel, New Jersey (NASDAQ-MRLN), sent out a press release noting this week that:" Dan Dyer, Marlin's Co-Founder and Chief Executive Officer, will serve on the Board of Directors of the Equipment Leasing and Finance Association (ELFA) for 2013.

"The Officers and Directors of the ELFA who will serve during the next twelve months were announced during the ELFA's 51st Annual Convention held October 21-23, 2012." (1)

October 24,2012 Leasing News announced the board of directors, including Dyer(1). Crit DeMent, Chairman and CEO of LEAF Commercial Capital, Inc., is Immediate Past Chairman.

LEAF and Marlin are two companies on the list of those who utilize Evergreen Clauses for Extra Lease Payments abuse the Evergreen Clause (3)

New members of the ELFA Board including only one company that is on the list that notifies leases about the termination of their contract: Christopher Enbom, CLP, Co-Founder and CEO, Allegiant Partners, San Rafael, California. (4)

Neither Richard J. Remiker, President of Huntington Equipment Finance, new chairman,

nor Adam Warner, President of Key Equipment Finance,

would make a stand to Leasing News on the notification in utilizing Evergreen Clauses.

There are other members of the board who also have not taken a stand, as it is the official position from Dennis Brown, ELFA VP, State Government Relations, who has attended state government efforts to change the law. It is obvious from the leadership that they don't want any further regulations, as regulations will affect their profit, and that is more important than ethics or turning businesses off toward leasing.

As readers may notice, more and more companies are using "Finance" in their company name, some solely, as the move is toward Capital Leases with balloon payments and an automatic extra twelve months, often by ACH.

At this time, these states require the lender or lessor to inform the borrower or lessee regarding the termination of the initial lease contract:

New York
Rhode Island
Texas
Wisconsin

Illinois

(In Illinois, Consumer law, but may affect commercial,
especially a proprietorship, partnership or personal guarantee.

There have been several cases resolved by Leasing News when the lessor realizes the law:
http://leasingnews.org/PDF/IllinoisEvergreenClauselaw.pdf

(1) Marlin Business Service Announcement Dyer to ELFA Board
http://www.snl.com/irweblinkx/file.aspx?IID=4089372&FID=15520959

(2) 2013 ELFA Officers and Directors Announcement
http://leasingnews.org/archives/Oct2012/10_24.htm#elfa

(3) Who utilize Evergreen Clauses for Extra Lease Payments
http://www.leasingnews.org/Pages/lease_expiration_evergreen.html

(4) Companies who notify lessee in advance of lease expiration
http://www.leasingnews.org/Pages/lease_expiration.html

LEAF and DeMent:
http://www.leasingnews.org/Conscious-Top%20Stories/leaf_resource.html

Dyer and Marlin Leasing:
http://www.leasingnews.org/Conscious-Top%20Stories/Marlin_Leasing_2008.htm

 

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Ten Lawyers Against Evergreen Clause Abuse

The original intention of the Evergreen clause in an equipment leasing contract was to have an alternative to when the lessee did not exercise the residual at the end of the contract. Often the clause calls for an automatic additional twelve months when the residual is not resolved.

In most cases, the lessor notifies the lessee that the residual will be due, often ninety days in advance. However, often there is nothing in the contract that requires the lessor to notify the lessee regarding the expiration of the contract.

Contrarily, many small ticket lessors do not notify the lessee, and automatically continue the lease, often via an ACH or continued billing, which often goes unnoticed until many payments have already been made.

Leasing News would like to see an industry standard that lessees are notified in advance of the expiration of their contract regarding its termination. We support the clause, and the notification requirement is wide open, meaning 90, 60, even 30 days and by telephone or mail.

This list of attorneys agrees with this and will be available to lessees, sometimes able to help them without a fee, or at a reduced rate, in an effort to end the abuse of Evergreen clause leases. 
kitmenkin@leasingnews.org

Jim Coston
Coston & Coston LLC
105 W. Adams Street
Suite 1400
Chicago, Illinois 60603
(312) 205-1010
jcoston@costonlaw.com

(In 1998, he was elected to the United Association of Equipment
Leasing Board of Directors, and in 2003-04 was the first
attorney to become UAEL President, very active in his political party.)

Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
(636) 537-4645 x108
(636) 537-2599 (fax)
www.sl-lawyers.com

(Proven Leasing Litigator, well respected by all sides)

Ronald P. Gossett
Gossett & Gossett, P.A.
400 Seridan Street, Building I
Hollywood, Florida
954-983-2828
Fax: 954-983-2850
rongossett@gossettlaw.com

(Many cases including NorVergence, Brican, among others, a winner)

Brandon J. Mark

Attorney at Law, Admitted in Utah and Oregon
Parsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Direct Dial 801.536.6958
Facsimile 801.536.6111
www.parsonsbehle.com
BMark@parsonsbehle.com

(His firm represents banks who buy leases, and his
clients refuse to buy these types of leases.)

BARRY S. MARKS
MARKS & WEINBERG, P.C.
Financial Center - Suite 1615
505 North 20th Street
Birmingham, Alabama 35203
P. O. Box 11386
Birmingham, Alabama 35202
bmarks@marksweinberg.com
www.leaselawyer.com
205.251.8303
fax 278.8905 (Direct) 251.8305 (Main)

(Well-known to the leasing industry, also Alabama Poet)

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ste. 2200
Los Angeles, CA 90071
Voice: (213) 617-6129
Fax: (213) 625-1832
Cell: (213) 268-8291
Email: tmccurnin@bkolaw.com

(Leasing News Advisor/Well-Known top Leasing Litigator)

Frank Peretore
Peretore & Peretore, P.C.
191 Woodport Road
Sparta, New Jersey 07871
www.peretore.com
(973) 729-8991
peretore@peretore.com

(Experienced leasing attorney, aggressive, author, secretary, 
National Equipment Finance Association, ELFA, too)

Ellen Stern 
Ellen Michele Stern
17630 El Mineral Rd
Perris, CA 92570 
951-443-4000
leaselaw@msn.com

(Long time Southern California leasing attorney, well-respected)

Kevin E. Trabaris, Principal
Trabaris, P.C.
707 Skokie Boulevard, Suite 600
Northbrook, IL 60062
Direct: (847) 205-4377
Mobile: (847) 840-4687
Fax: (848) 260-5768
kevin@trabaris.com
www.trabaris.com

"In my career, I’ve repeatedly seen this provision misused
by unscrupulous lessors and think it’s a bad idea for both
the lessee and the lessor."

Michael J. Witt, Esq.
MICHAEL J. WITT LAW OFFICES
4342 Oakwood Lane
West Des Moines, IA 50265
Tel: (515) 657-8706
Mobile: (515) 868-1067
Fax: (515) 223-2352
witt-law@live.com

(Former Advanta Leasing
and Wells Fargo Equipment Finance attorney)

Companies who notify lessee in advance of lease expiration
   and require their discounter to also notify lessee in advance
http://www.leasingnews.org/Pages/lease_expiration.html

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

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The List---October, 2012
--- Mergers, Acquisitions & Changes
"The Good, the Bad and the Ugly"--

Radiance Capital, Tacoma, WA (10/12) New Bulletin Board complaint regarding purchase option at end of EFA http://leasingnews.org/archives/Oct2012/10_31.htm#bbc

East West Bank, Pasadena, CA (10/12) to cut back Healthcare Leases/Loans, Paul Appel no longer at bank: http://leasingnews.org/archives/Oct2012/10_29.htm#eastwest

Evergreen Leasing, South Elgin, Illinois (10/12)John Blazek, CLP, closes door. He was on the board of directors of the United Association of Equipment Leasing, very active, until his company Stratford Leasing filed bankruptcy in 2000. He then became a principal and vice-president of Metrolease involving alleged "double funding" between LaSalle Bank and Textron, who at the time left to start Evergreen Leasing.

Truck Lenders Group/TruckLendersUSA, Oyster Bay, New York (10/12) Bulletin Board Complaint:
http://leasingnews.org/archives/Oct2012/10_22.htm#bbc

(CapNet) Capital Network Leasing Corporation, Los Angeles, CA (1012) no longer in business. In 2007 the company "was recently ranked #5 on the List of Best Places to Work in LA by the Los Angeles Business Journal.

Alphabetical Order
http://www.leasingnews.org/list_alpha_new.htm

Chronological Order
http://www.leasingnews.org/list_chron_new.htm

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New Hires---Promotions

Ernie Holmes has been promoted at Travelers Financial, Vancouver, British Columbia to vice president sales. Previously he was director of sales, joining the company November, 2004, rising from Account Executive to western regional sales manager, November, 2009, then director of sales, May, 2010.Pepperdine University, Bachelor of Science - Business Administrations, Finance, General (1987 – 1991),Hillside Secondary School High School Diploma, (1983 – 1997).
ca.linkedin.com/pub/ernie-holmes/6/478/22

JD Jackson has joined Oakmount Capital Services, LLC, West Chester, Pennsylvania as a Channel Development Officer. "Mr. Jackson spent the first 10 years of his career working in technology procurement, logistics, and supply chain management for IBM, Dell, and HP. He transitioned to the finance and leasing industry with Preferred Business Leasing where he worked for several years establishing vendor programs. Additionally, he formed Alinea LLC, a company which brings energy management services (including hardware and software for building automation) and financing to large commercial clients. Mr. Jackson has a BS in Business Administration with a minor in Marketing from Elon University."

Joseph Laganza named as senior vice president, National Accounts, ATEL securities. He previously joined Griffin Capital Securities, Los Angeles, March, 2011. Previously he was senior vice president of national accounts at Lightstone Securities. Prior to that he served as the vice president for sponsor relations at Royal Alliance. Saint Joseph's University - Erivan K. Haub School of Business, MBA, Marketing (2003 – 2005),Saint Joseph's University, BS, Finance (1987 – 1991).
www.linkedin.com/pub/bob-wenke/1b/153/b8b

Jen Myers has joined Oakmount Capital Services, LLC, West Chester, Pennsylvania as Marketing Specialist." Ms. Myers brings experience with small business marketing in a number of industries ranging from medical device sales and distribution to the financial services sector. Her experience includes working closely with entrepreneurial businesses to understand their objectives and then devise strategies to accomplish these goals. She will work directly with Oakmont’s Business Development personnel to broaden our existing business relationships and explore new avenues for reaching out to new vendors and customers alike."

Bob Wenke has joined LEAF Commercial Capital as director-Major Account Development, Philadelphia, Pennsylvania. He previously was employed as program manager for LEAF Financial Corporation (June, 2006-October, 2009). Prior he was dealer sales and service manager-Eastern Region, Canon Financial Services (June, 2005-May, 2006), manager, contract management, De Lage Landen (October, 2001-September, 2003), documentation officer, DVI Financial services (June, 1996-October, 2001), transaction coordinator, The CIT Group
(August, 1991-June, 1996).

Lori Wilson has been promoted to Major Account Programs, LEAF Commercial Capital, Philadelphia, Pennsylvania. She joined LEAF Financial as director of Sales, November,2006, Prior she was VP, Director of Originations, Citicapital (1991-2006).Truman State University (1977 – 1981).www.linkedin.com/pub/lori-wilson/1a/2/8a1

 

 

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Leasing Industry Help Wanted

Credit Coordinator 11620 Wilshire Blvd Los Angeles, CA 90025 Liaison between the Brokers/Clients and Maxim Credit Underwriters during the underwriting process. Coordinator will be responsible for managing the process of each transaction through our CRM and workflow management software. Click here for more information www.maximcc.com Founded 2008, Maxim Commercial Capital, LLC is a nationwide funding source for Equipment and Real Estate secured commercial transactions.

 

Help Wanted Classified Ads Cost $595 four HTML lines (note, a space is counted as a line) $40 for each additional line or space The classified ad will appear for 21 days. The idea is to attract an applicant to learn more, either to click to a full description on your web site or to a full job description attachment (free, no charge). All "Help Wanted" ads go into the "Help Wanted" classified ad section, which appears in each news edition, and is well read. The ad will also appear on the web site for those who go directly to the web site section. A "Help Wanted" ad appears at the top of the headlines in each edition in a chronological basis with other help wanted ads. The position cannot be purchased. The ad also continues to appear in the classified ad section in the news edition as well as the web site in addition to appearing above the headlines. If there is only one help wanted ad, a display ad may be utilized in the rotation basis as this position, meaning the one help wanted ad is not going to be on top in every edition. Contact kitmenkin@leasingnews.org for more information or to help word a classified ad. Leasing News reserves the right to refuse advertising, particularly to a company that has appeared in the complaint bulletin board

 

CLP Handbook on Sale for $49.95

The month of December, the CLP handbooks goes on sale
for $49.95. 400 pages. Normally it is $59.95, but for
the holiday season, the discount ( and for multi-copies
to the same address, ask for a further discount)

(To learn more about the CLP Handbook)
http://www.clpfoundation.org/toolbox/clp_handbook.php

 

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

 

Bank Which Botched Pre-Payment to Manufacturer
Denied Secured Status
By Tom McCurnin
Barton, Klugman & Oetting

Lender’s Pre-Payment to Manufacturer Was Not Sufficiently
Documented to Constitute a Security Interest

Although the case for today is an international trade finance case, it does have ramifications for the lessor’s pre-funding of specially made goods. The case is Sportsman's Guide, Inc. v. Havana Nat. Bank, 2012 WL 3028517 (C.D. Ill. 2012). The facts follow.

The Bank had a long time relationship with a sporting goods wholesaler known as AGG and AGI.

Schmeilski's was a competitor of the AGI Group and its business model was purchase from manufacturers hunting equipment that had been abandoned or for which payment had not been made.

The AGI Group contracted for the purchase of goods worth about $2.8 million in goods. AGI had purchase orders and showed the Bank the P.O.s. On the strength of those P.O.’s, the Bank lent the AGI group the money, wire transferring the same to the Chinese manufacturer. The Bank took a security interest in the good, by securing a security agreement and a UCC-1 Financing Statement.

Plaintiff Sportsman Guide is also a sporting goods retailer, and issued a Purchase Order to Schmeilski for goods. Plaintiff received those goods directly from the Chinese manufacturer and the P.O.s would suggest that they were part of the AGI transaction. Schmeilski knew the good might have been part of the Bank’s financing, but assumed they had not been paid for.

The goods were shipped to Sportsman Guide, and it paid Schmeilski and when the dispute arose, it paid the remaining portion of the purchase price to the Court and sued for instructions.

What really happened is a mystery. The goods could have been fully paid for by the Bank for the AGI Group and the Chinese manufacturer sold the goods twice, stiffing AGI. Alternatively, AGI may have directed the Bank to pay for the goods to a wrong account. In any event, the Sportsman Guide filed suit to declare that it owned the goods free and clear of any security interest by the Bank.

The Court discucsed what a security is, and the elements that make up the interest. In a good, concise summary, the Court held that there are factors evidencing a security interest:

• The collateral must be in the possession of the secured party or the debtor must sign a security agreement which describes the collateral;

• Value must be given;

• The debtor must have rights in the collateral;

• Perfection is accomplished by properly filing a financing statement.

The Bank had problems with two of the four. First, there was no precise proof that the Bank paid the Chinese manufacturer. Yes, there were copies of wires, but the funds may have gone to a subsidiary or another entity, not the Chinese manufacturer. Second, since the AGI Group never had possession of the goods, they had no rights in the goods. In other words, the Bank’s payment to the manufacturer alone is not sufficient to create “rights in the collateral” to render the goods “inventory,” where AGI never took possession of the goods.

Ultimately, the Court ruled that the debtor, in this case the AGI group did not have “rights in the collateral” unless and until it had possession. As support, the Court noted that under the definition of inventory, it has to be “held for sale,” which implies possession.

The lessons for the equipment lessor are two-fold:

First, if the secured party pays for equipment or goods, get a paper trail and only pay upon receipt. Here, the Bank should have documented the transaction on a trade letter of credit, so that when the goods arrived in the United States, the Bank would exchange money for a negotiable bill of lading. There would have been no question if the goods were subject to the Bank’s security interest.

Second, know the customer and the customer’s business model. I was unsure what the precise deal between AGI and the Chinese manufacturer was, and I doubted that the Bank knew what the arrangement was either. Not to criticize a small bank, but I was surprised that a small Illinois Bank was doing trade finance on the strength of questionable Purchase Orders. I think they got over their head.

The bottom line is that this if the lessor is pre-funding equipment which will be shipped or installed later, get a paper trail.

It could be as simple as an invoice, or a bill of sale. If the equipment is valuable, the secured creditor may want to take physical possession of it using a letter of credit and negotiable bill of lading. Of course, file a UCC-1 with a description at the earliest opportunity. A lessor may pre-file a UCC-1 before delivery and acceptance.

Sportsman Guide Case
http://www.leasingnews.org/PDF/SportmansGuideCase.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
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

 

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NFL's Best Selling Jerseys

Player	Team
1. Robert Griffin III	Redskins
2. Peyton Mannin	Broncos
3. Aaron Rodgers	Packers
4. Eli Manning	Giants
5. Tom Brady	Patriots
6. Andrew Luck	Colts
7. Victor Cruz	Giants
8. Tim Tebow	Jets
9. Troy Polamalu	Steelers
10. Patrick Willis	49ers
Source: NFLshop.com

Cyber Monday Jersey Sales according to Fanatics.com:

Player	Team
1. Robert Griffin III	Redskins
2. Peyton Mannin	Broncos
3. Aaron Rodgers	Packers
4. Rob Gronkowski	Patriots
5. Victor Cruz	NY Giants
6. Tom Brady	Patroits
7. JJ Watt	Texans
8. Andrew Luck	Colts
9. Drew Brees	Saints
10. Kobe Bryant	Lakers

 

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FDIC Beige Report
---Credit Standards/Quality "Somewhat Improved"
Loan demand generally was either mixed or slightly stronger

Credit standards and credit quality were somewhat improved, on net, since the last report. Chicago, St. Louis, and Kansas City noted that credit standards on most types of loans were unchanged, and Dallas cited a loosening of credit standards, which contributed to very competitive loan pricing. Atlanta cited contacts who reported that underwriting standards had become more restrictive and burdensome since its last report, both in terms of credit scores and information requests. With respect to loan quality, New York reported that delinquency rates increased in the consumer and commercial and industrial segments but held steady in the residential and commercial mortgage segments. Philadelphia contacts cited moderate improvement. Cleveland and Richmond noted improvements in delinquency rates across consumer and business loan categories. Richmond added, however, that some contacts were concerned that banks were increasing their risk exposure by making longer-term loans in an effort to get higher yields. Kansas City and San Francisco also mentioned moderate improvement in loan quality.

Loan demand generally was either mixed or slightly stronger across most Districts in recent weeks. Among those noting mixed results, New York reported that demand for consumer and especially commercial and industrial loans weakened, but commercial and residential mortgage demand was steady. Richmond said that a small commercial banker was encountering a slight improvement in overall loan demand but added that consumer loans were unchanged from "meager" levels and small business loans were virtually non-existent. Chicago noted that small business loan demand experienced modest growth, but a decrease in credit demand occurred among middle-market customers. According to St. Louis contacts, overall lending activity was essentially unchanged over the period. St. Louis added that, while credit standards for commercial and industrial loans were largely unchanged, both the demand for these loans and the number of inquiries ranged from moderately lower to moderately higher. Used car loan demand was weak in the Dallas District, although first mortgage and energy-related lending increased. San Francisco cited weak-to-moderate business loan demand, but consumer lending expanded further with the help of auto loans and home mortgage refinancing; however, San Francisco noted that lending activity as a whole was unchanged. Most remaining Districts, including Philadelphia, Cleveland, Atlanta, and Kansas City reported moderate increases in total loan demand. In the Philadelphia District, banks reported widespread bank and ATM closings due to Hurricane Sandy.

Here is the report by the 12 districts, as well at the end,
the full report:

Boston
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?boston

New York
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?new_york

Philadelphia
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?philadelphia

Cleveland
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?cleveland

Richmond
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?richmond

Atlanta
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?atlanta

Chicago
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?chicago

St. Louis
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?st_louis

Minneapolis
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?minneapolis

Kansas City
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?kansas_city

Dallas
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?

San Francisco
monetarypolicy/beigebook/beigebook201211.htm?san_francisco

Full Report:
www.federalreserve.gov/monetarypolicy/beigebook/beigebook201211.htm?full_report

 

• Contract Negotiations • Fraud Investigations  • Credit Investigations • Skip-tracing  • Third-party Commercial Collections John Kenny  Receivables Management For flat fee or commissions basis  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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Top 50 US banks & thrifts by assets
By Aarti Kanjani, SNL Financial

There was little movement in SNL Financials most recent ranking of the largest 50 banks and thrifts in the U.S. During the third quarter, the only change in the top 18, compared to the second-quarter rankings, was Capital One Financial Corp. and PNC Financial Services Group Inc. switching positions, with Capital One overtaking PNC Financial for eighth place.

SNL's ranking by assets is pro forma for pending M&A deals and transactions that have closed since Sept. 30

With the announced acquisition of Citizens Republic Bancorp Inc. on Sept. 12, Akron, Ohio-based FirstMerit Corp. entered the rankings at No. 46, based on Citizens Republic's $9.72 billion in assets and FirstMerit's $14.63 billion in assets as of Sept. 30.

Toronto-Dominion Bank's Oct. 22 announcement to acquire a credit card portfolio from Target Corp., did not give any boost to the rankings of TD Bank US Holding Co., its U.S. subsidiary. TD Bank clung to the 10th spot, same as the second quarter, based on the summation of its $212.51 billion in assets and Target's $5.90 billion in receivables.

M&T Bank Corp., which rose to the 17th spot in the second quarter with its announced $3.81 billion acquisition of Hudson City Bancorp Inc. on Aug. 27, remained at the same position in the third quarter. M&T's new ranking is based on a combination of its $81.09 billion in assets and Hudson City's $41.90 billion in assets as of Sept. 30. The asset size has not been adjusted to reflect M&T Bank's intent to pay down approximately $13 billion of Hudson City's long-term borrowings by liquidating the comparably sized investment portfolio.

The largest jump in the top 50 was seen by City National Corp., which sprang up three spots to No. 42 from No. 45. Its assets rose to $26.25 billion from $24.80 billion in the second quarter. The second-largest upward change in rank belonged to Charles Schwab Corp., moving up two spots to No. 19 from No. 21, as assets jumped to $117.66 billion from $111.82 billion.

The biggest downward movements were Synovus Financial Corp. dropping to No. 44 from No. 41, with assets falling to $25.76 billion from $26.29 billion, and East West Bancorp Inc. falling to No. 50 from No. 47, even after its asset size modestly increased to $21.81 billion from $21.53 billion.

Mitsubishi UFJ Financial Group Inc. announced March 9 that it would acquire Pacific Capital Bancorp from an investor group led by Gerald Ford. UnionBanCal Corp.'s financials are a combination of its $88.19 billion in assets and Pacific Capital's $5.99 billion in assets as of Sept. 30. UnionBanCal jumped to No. 23 from No. 24 in the prior quarter.

Entering at No. 49, Cullen/Frost Bankers Inc. is a newcomer to the list as its asset size increased to $21.85 billion in the third quarter from $20.87 billion in the second quarter. SVB Financial Group and First Citizens BancShares Inc. fell short and were dropped from the top 50 list. First Citizens' assets fell slightly to $21.17 billion from $21.24 billion in the second quarter, while SVB Financial's assets rose to $21.58 billion from $21.29 billion in the second quarter.

JPMorgan Chase & Co. and Bank of America Corp. remained the only companies with more than $2 trillion in assets and more than $1 trillion in deposits.

SNL excludes holding companies with deposits totaling less than 25% of assets from the ranking, which means that some large firms regulated as bank holding companies, such as MetLife Inc., Goldman Sachs Group Inc. and Morgan Stanley, are not ranked.

 

 

 

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

Ascentium Capital Announces Closing of First Term Securitization

KINGWOOD, Texas, – Ascentium Capital LLC announced today that it closed its first securitization of equipment finance contracts, Ascentium Equipment Receivables (ACER) 2012-1, on November 27, 2012. This is the first term securitization for the company and comes just 15 months after being capitalized in August 2012.

Through ACER 2012-1, Ascentium Capital securitized a portfolio of approximately $127 million of leases and commercial loans through the issuance of equipment contract-backed notes. The leases and loans were originated and serviced by Ascentium Capital from its headquarters in Kingwood, Texas.

Tom Depping, Chief Executive Officer of Ascentium Capital stated, “We are thrilled to have received such a positive reception from the institutional market which enabled us to further diversify our investor base. The execution of this transaction enables us to lower our cost of funds, which will help maintain our competitiveness in the equipment finance industry and grow our origination channels.”

Ascentium Capital issued Class A Notes rated AAA (sf) and Class B Notes rated A (sf) by DBRS. DBRS also rated the Class C Notes BBB (sf) which were retained by Ascentium Capital. This was a private offering made to qualified institutional buyers pursuant to Rule 144A under the Securities Act of 1933, as amended, by Ascentium Equipment Receivables 2012-1 LLC, a wholly owned subsidiary of Ascentium Capital LLC.

Ascentium Capital specializes in providing equipment financing and leasing for capital expenditures to small businesses located nationwide. The company offers financial solutions for many industries, providing small businesses with financing for all their growth and acquisition needs.

Ascentium Capital is backed by Vulcan Capital, the private investment group of Paul G. Allen, and a group of investors led by LKCM Capital Group, LLC (“LKCM”), the alternative investment vehicle for Luther King Capital Management. The Ascentium Capital website is located at AscentiumCapital.com.

 

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

Navitas Lease Announces the Closing of the Second Tranche
of Series B Preferred Stock and Expansion of Credit Line

Ponte Vedra Beach, Florida., - Navitas Lease Corp. continues expansion of its capital base to support growth in the small ticket financing marketplace.

Navitas successfully closed the second tranche of its Series B Preferred Stock investment led by BlueMountain Capital Management, LLC on behalf of funds it manages. This additional capital validates the strength of the Navitas business strategy and enables the company to continue to build upon its successes. The company’s existing Series A investors, Noro-Moseley Partners, Croft and Bender LLC, and Lunsford Capital LLC also participated in the Series B investment.

Concurrent with the closing, Navitas also completed a second expansion of its revolving, Senior Secured Credit facility with Wells Fargo Capital Finance, part of Wells Fargo & Company (NYSE: WFC). This additional $25 million added to its current line of $50 million provides the company with a total credit line of $75 million. This latest expansion of this facility will allow the company to meet its growth plans in 2013 and beyond.

Gary Shivers, the company’s CEO says, “The on-going commitment and support that Wells Fargo Capital Finance continues to provide Navitas is extremely rewarding and has given us the necessary capital to meet the key business objectives of the organization.

"We are pleased to have been able to build on our relationship with Navitas through this increase in our credit facility," said Andrea Petro, division manager of the Lender Finance division of Wells Fargo Capital Finance. "We look forward to supporting the company’s management team and its plans for long-term success."

About Navitas Lease Corp.: Navitas is an equipment finance company headquartered in Ponte Vedra Beach, Florida, with offices in Cherry Hill, NJ and Columbia, SC. The company provides equipment financing to small and medium sized businesses nationally, through developing referral programs with equipment vendors and through lease brokers in its RLC Funding Division. For more information about Navitas please visit our website at www.navitaslease.com or call 877-NAVITAS (628-4827).

About Wells Fargo Capital Finance: Wells Fargo Capital Finance is the trade name for certain asset-based lending, accounts receivable and purchase order finance services of Wells Fargo & Company and its subsidiaries, and provides traditional asset-based lending, specialized senior and junior secured financing, accounts receivable financing, purchase order financing and channel finance to companies across the United States and internationally. Dedicated teams within Wells Fargo Capital Finance provide financing solutions for companies in specific industries such as retail, software publishing and high-technology, commercial finance, staffing, government contracting and others. For more information, visit wellsfargocapitalfinance.com.

About BlueMountain Capital, LLC: BlueMountain Capital Management is a leading investment manager focused on the credit markets managing $12.1 billion of assets, with $9.8 billion in hedge fund and opportunistic credit vehicles, as well as $2.3 billion in CLO assets. Founded in 2003, BlueMountain looks for relative value opportunities and maintains minimal directional exposure to credit markets. The Firm’s investment strategies include fundamental credit (long/short, capital structure), structured credit (corporate, ABS) and arbitrage and technical (index arbitrage, bond basis). Its 147 person team of professionals in New York and London are supported by its institutionalized and proprietary infrastructure, including world-­‐class operations and risk management technology.

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

Rottweiler/Chow Chow Mix
West Los Angeles, California Adopt-a-Dog

Bobby

Breed: Rottweiler/Chow Chow Mix
Color: Black
Age: Adult
Size: X-Large 101 lbs (46 kg) or more
Sex: Male

"I am already neutered, housetrained, in need of an experienced adopter, up to date with shots, and good with dogs."

Bobby's Story...

"Bobby had been at the shelter for 5 months.

"The volunteers were getting a bit desperate....big black dogs are often overlooked...we have NO idea why because we LOVE big black dogs!

"(They are hard to photograph though...sigh)

"Bobby is low key, can get along with most dogs and is an absolute breeze to walk on leash.

"Someone, somewhere taught this dog manners.

"He is housebroken, crate trained and takes treats so gently from your hand.

Due to his size, we would prefer not to place Bobby in a home with small children."

T"his is a great dog who surprised everyone today by giving our Founder a huge slurp. He was probably thanking her for getting him out of the shelter.

Contact This Rescue Group...
Rescue Group: Dawg Squad
Contact: Dawg Squad
E-mail: dawgsquad@rocketmail.com
Let 'em know you saw "Bobby" on Adopt-a-Pet.com!
Website: http://www.dawgsquad.org

Come Meet Our Pets...
We show these dogs every Saturday, from 10:30 a.m. - 2:30 p.m. at:
Unleashed by Petco
5325 W Centinela Ave
Los Angeles, CA 90045

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

Adopt a Pet
http://www.adoptapet

 

Leasing News Salvation Army Kettle at Press Time

(Please click on Kettle to make a donation)

http://www.onlineredkettle.org/kitmenkin?aid=d5524a73-4d4c-4334-b804-2df348e21bbf&pt=1

At press time, Leasing News Kettle is at $1,065.00

Looking for donations as small as $10.00

Fernando's View
By Fernando F. Croc

A couple of new films from acclaimed directors ("Life of Pi," "Silver Linings Playbook") keep awards season going in theaters, while an affable blockbuster sequel ("Men in Black 3"), a delightfully ghoulish kid's animation ("ParaNorman") and a controversial epic ("Heaven's Gate") arrive on DVD.

In Theaters:

Life of Pi (Twentieth-Century Fox): Versatile filmmaker Ang Lee ("The Ice Storm," "Crouching Tiger, Hidden Dragon") surprises audiences again with this visually stunning adaptation of Yann Martel's popular book. The story centers on Pi (Suraj Sharma), a teenage Indian boy who undergoes a fantastical adventure when the ship he's in sinks and he finds himself on a raft in the middle of the ocean full of hungry sharks. Since the boat was full of zoo animals, however, Pi isn't entirely alone on his struggle for survival, as a huge Bengal tiger named Richard Parker is also by his side. A life-threatening situation becomes an one-of-a-kind journey as boy and animal forge an unlikely friendship, sharing the lifeboat in hopes of reaching land and, maybe, enlightenment. Making ravishing use of digital colors, Lee's film is a dreamlike yarn that brings to mind the wonder of classics like "The Black Stallion."

Silver Linings Playbook (Weinstein Company): Director David O. Russell ("Three Kings," "The Fighter") is no stranger to family dysfunction in both drama and comedy, and he skillfully blends the two in this crowd-pleasing tale centering around a most unlikely couple. Bradley Cooper stars as Pat, a young man who's trying to put his life back together following a stint at a mental institution. However, his new dealings with his family (including the great Robert De Niro as his gambling father) threaten to send him back on the verge of a nervous breakdown. Luckily, there's Tiffany (Jennifer Lawrence), an equally troubled girl whose quirky directness helps him reconnect with his loved ones. But as he develops feelings for her, can Pat keep things from getting romantically complicated? Filled with prickly humor and terrific performances, this is an emotionally rich and surprising comedy-drama.

Netflix Tip: Though best-known and loved as J.R. Ewing in the soap opera "Dallas," Larry Hagman (1931-2012) also had several distinguished roles in movies. So honor this beloved TV icon with these cinematic choices from Netflix: "Fail-Safe" (1964), "The Group" (1966), "Harry and Tonto" (1974), "Nixon" (1995) and "Primary Colors" (1998). DVD Releases:

On DVD:

Men in Black III (Sony): Improving hugely on its previous, disappointing 2002 sequel, the new installment of the "Men in Black" franchise returns to the original's crowd-pleasing blend of comedy and science-fiction. With the planet once again threatened by intergalactic aliens, secret agents J (Will Smith) and K (Tommy Lee Jones) dust off their cool shades and outsized gizmos for another mission. The difference this time, however, is that they're traveling not in space but in time, back to the late 1960s in order to prevent a slimy mastermind (Jemaine Clement) from killing the young K (Josh Brolin). Director Barry Sonnenfeld brings a welcome light touch to the crazy chases and confrontations, striking the right balance between action and eccentric laughs. Add to that a charming, scene-stealing turn by Michael Stuhlbarg, and you have one of the year’s most likable blockbusters.

ParaNorman (Universal): Aardman, the beloved British studio behind Wallace and Gromit, delivers another marvelously off-kilter animated feature, which teams "Flushed Away" director Sam Fell with Chris Butler (who worked on "The Corpse Bride"). Norman Babcock (voiced by Kodi Smit-McPhee) is a boy whose fascination with horror movies seeps into real life as he starts to talk with the many ghosts hovering around his small New England town. When an ancient curse literally raises the dead, however, Norman must use his knowledge of creepy cinema to save his family and friends. Though the goofy and gooey zombies may be too much for young children, the movie's breathless blend of fun and fright makes it an early favorite for Halloween marathons.

Heaven's Gate (Criterion): Best known as the financial disaster that lead an entire studio to bankruptcy, this 1980 Western has been vilified for decades for its epic extravagance while its qualities were ignored. Now that it's released in a gorgeous restored transfer by Criterion, viewers can finally judge this film on its cinematic merits rather than on its controversies. Directed by Oscar-winner Michael Cimino ("The Deer Hunter"), this sprawling tale takes place in 1890s Wyoming, when immigrant settlers are marked for death by mercenaries working for greedy companies. At the center of this volatile struggle is the romantic rivalry between a sheriff (Kris Kristofferson) and a bounty hunter (Christopher Walken) for their European sweetheart (Isabelle Huppert). Though not without flaws, the picture has an overwhelming beauty and a trenchant take on American history that make it a must-see for movie lovers.

 

 

News Briefs----

 

$2.4 MM embezzlement involves leases at Santa Ana Bakery
http://latimesblogs.latimes.com/lanow/2012/11/oc-man-charged-24-million-embezzlement-scheme-at-bakery.html

Orix Leasing Pakistan Limited - More than just a leasing company
http://www.brecorder.com/supplements/88/1258821/

Tesla bumps up the price of the Model S by $2,500
http://www.mercurynews.com/business/ci_22090422/tesla-bumps-up-price-model-s-by-2

AAA warns E15 gasoline could cause car damage
http://www.usatoday.com/story/news/nation/2012/11/30/aaa-e15-gas-harm-cars/1735793/

 

[headlines]
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Complaints Aside, Most Face Lower Tax Burden Than in 1980
http://www.nytimes.com/2012/11/30/us/most-americans-face-lower-tax-burden-than-in-the-80s.html?ref=business

[headlines]
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SparkPeople--Live Healthier and Longer

SparkPeople--Live Healthier and Longer

Squeezing in Exercise
http://www.sparkpeople.com/resource/fitness_articles.asp?id=380

[headlines]
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Sports Briefs----

49ers' QB Smith wondering how he lost starting job
http://www.pressdemocrat.com/article/20121129
http://www.sfgate.com/49ers/article/For-49ers-Smith-season-took-cruel-turn-4078940.php

Stanford football still thriving without Andrew Luck
http://www.contracostatimes.com/stanford-cardinal/ci_22092833/stanford-football-still-thriving-without-andrew-luck

Oakland Raiders game against Cleveland Browns blacked out locally
http://www.contracostatimes.com/raiders/ci_22094033/oakland-raiders-game-against-cleveland-browns-blacked-out

 

 

[headlines]
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American Football Poem

S.F. 49ers

    Jane Griffin

Gold helmets shine in the sunlight.
The jerseys are loose and the pants are tight.
Those were the only things shining this year.
After so many losses, there's no reason to cheer.
That's what all thought but one loyal fan
Because not matter what, I believe that they can.
I know we could have won the Superbowl
If our kicker was able to make a field goal.
Many times when we could have won the game,
Because of special teams, we left the field in shame.
We'll have to wait until next season
To be the ones doing the teasin'.
The Superbowl will be our mission.
After all it's 49ers tradition.

 

[headlines]
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California Nuts Briefs---

Feds deny Marin County oyster farm lease renewal
http://www.pressdemocrat.com/article/20121129

[headlines]
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“Gimme that Wine”

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

Treasury Wine Leasing Napa Vineyards to Meet Premium Demand Jump
http://www.bloomberg.com/news/2012-11-29/treasury-wine-leasing-napa-vineyards-to-meet-premium-demand-jump.html

Don Sebastiani & Sons upgrades winery and custom-wine complex
http://www.bizjournals.com/sanfrancisco/blog/2012/11/don-sebastiani-sons-unveils.html

Male and Female Wine Drinkers -- Are They Really That Different?
http://www.winebusiness.com/news/?go=getArticle&dataid=108156

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

   1729 ---Birth of Samuel Seabury, first bishop of the American Protestant Episcopal Church. (Following the American Revolution, Seabury helped formulate the constitution which made the American Protestant Episcopal Church independent and autonomous from the Church of England.)
    1782-The Articles of Peace between Great Britain and the U.S., which were to end America's War of Independence, were signed at Paris, France . The refined and definitive treaty of peace between Great Britain and the U.S. was signed at Paris, on September 3, 1783. In it, "His Britannic Majesty acknowledges the United Sates...to be free, sovereign and independent states; that he treats them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same, and every part thereof..." The time delay was not only due to communication by sea, but time was needed for over 100,000 loyalists to leave the United States. Also known as Tories, the loyalists suffered various penalties for their loyalty to the Crown, including confiscation of property, removal from public office, and punitive taxation. Probably no more than 10% of the colonials were Tories, who were generally well-to-do, engaged in commerce, or the professions, or public officials. Many fled to Canada, where they were granted land if they fought in the British Army, some to England. Some returned after the war. Many, however, had remained behind, thinking Great Britain would win the war. After the conflict, those Tories that did remain were able to recover at least part some of their confiscated property, according to historians. In 1784 a major depression crippled the U.S. economy, prompting states to institute separate measures to aid recovery. The hardships suffered during this depression led to Shay's Rebellion on January 25,1787.
    1810---Birthday of rifle maker Oliver Fisher Winchester, rifle maker. His company acquired rights to manufacture pistols and rifles patented by Tyler Henry and others. The repeating rifle was in full production by 1860, and was in heavy demand during the Civil War, during which Winchester continued to improve the rifle's design by acquiring other patents. He renamed the company the Winchester Repeating Arms Company in 1866. A political and philanthropic figure, he was lieutenant governor of Connecticut (1866–67) and made large donations to Yale. 
    1812 -- American forces invaded Canada at Queenston on October 13 and lost.
British forces under General Brock hurried down the road from Niagara-on-the-Lake to reinforce the troops at Queenston. When they arrived, the fight began to warm up and the main body of the American militia, on the U.S. side, refused to cross the river to back up the success of their comrades. Their cowardice in abandoning the brave men who had gone before, and the poor leadership of the American Forces changed victory to defeat and possibly changed the entire outcome of the war. General Brock led an attack against the forces on the hill and was killed by a sniper's bullet in the first charge. U.S. forces were back again on this date with an army of 5,000 troops assembled near Buffalo. A small force crossed the river and captured a British battery. General Smythe demanded the British surrender Fort Erie, when this was refused, he called off the invasion plan. His men broke their weapons in frustration and humiliation. Smythe was publicly called a coward and challenged to a duel by U.S. Col. Peter Proter. He resigned his command of the frontier, but was dismissed from the army in disgrace by the Senate. After two years of bloodshed, misguided and misdirected efforts, the armies were back where they started. There was no doubt that both sides of the river gave a heartfelt sigh of relief when the Treaty of Ghent ended the war in December, 1814.
http://www.goniagarafalls.com/history.html
    1835-Birthday of Samuel Langhorne Clemens, known as “Mark Twain, “ Celebrated American author, whose books include: The Adventures of Tom Sawyer, The Adventures of Huckleberry Finn and The Prince and the Pauper. Born at Florida, MO, Twain is quoted as saying, “I came in with Halley's Comet in 1835. It is coming again next year, and I expect to go out with it.” He did Twain died at Redding, CT, Apr 21, 1910 (just one day after Halley's Comet perihelion).
http://memory.loc.gov/ammem/today/nov30.html
    1854 -- "Fighting Mary" Eliza McDowell born. A social worker, she helped organize the first women's local union of the Amalgamated Meat Cutters in 1902. Comprised mostly of women workers, the Local grew to more than 1,000 members.
http://www.chicagotribute.org/Markers/McDowell.htm
http://womenshistory.about.com/library/bio/blbio_mcdowell_mary.htm
    1866-Construction begins on the first underwater highway tunnel, the Washington Street Tunnel, beneath the Chicago River, Chicago, IL. The total length of the tunnel and its approaches as 1,520 feet. It was lowered in 1907 to provide a clear draft of 27 feet in the Chicago River.
    1874 – Birthday of Lucy Maud Montgomery; Canadian writer, famous for her juvenile books, especially Anne of Green Gables (rejected by several publishers) published in 1908, and followed by six sequels.
http://www.kirjasto.sci.fi/lmmontg.htm
    1875 - A severe early season cold wave set November records. Temperatures plunged to 5 degrees in New York City, NY, 2 below at Boston, MA and 13 below at Eastport, ME
    1887-The first softball game was played at the Farragut Boat Club, Chicago, IL. The game was invented by George W. Hancock, who devised a set of rules that gradually developed as the game progressed. A broomstick was used for the bat and a boxing glove for the ball. The game was known variously as Diamond Ball, Fast Ball, Kitten Ball, Playground Ball, and recreation Ball. It was named softball by Walter C. Hakanson.
    1907-Nov 30 or 31 st Disappearance of SF Police Chief William Biggy
http://www.sfmuseum.org/sfpd/sfpd1.html
http://www.thejukejoint.com/franksinatrajr.html
    1906-Birthday of John Dickson Carr lives. Pseudonyms Carr Dickson, Carter Dickson, Roger Fairbairn. American born writer of detective fiction, whose specialty was "locked-room” puzzles, which he developed to its limits. Published about 80 mysteries. Fifty of them featured one of his three detectives - Henri Bencolin, Dr. Gideon Fell, & Sir Henry Merrivale.
http://www.kirjasto.sci.fi/jdcarr.htm
    1912-Birthday of Gordon Parks, film director/writer (The Learning Tree) lives. Photographer for Life magazine, director of "The Learning Tree" & "Shaft", called a "Twentieth Century Renaissance man" by the NAACP, who awarded him its Spingarn Medal in 1972.
    1915 - "Brownie" McGee, blues singer and guitarist, born Knoxville, Tennessee. Best known as part of the duet Brownie McGee and Sonny Terry. Died February 16, 1996, Oakland, California.
http://www.island.net/~blues/sonnyter.html
http://www.bluespower.com/a-bm01.htm
http://www.imdb.com/name/nm0569185/
    1924-Birthday of Shirley Chisholm, first black woman to serve in U.S. Congress. Got legislation passed that guaranteed minimum wages for domestic workers. Angered the political powers by actively seeking the presidency, winning 154 delegates. After serving seven terms, Chisholm retired from Congress in 1982, becoming a professor at Mount Holyoke College.
    1929-Birthday of Dick Clark, long-time host of “American Bandstand, entertainer, producer, born Mount Vernon, NY.
    1929--Birthday of Joan Gana Cooney, television producer. After winning an Emmy for an anti-poverty special in 1966, she raised the funds to found the Children's Television Workshop which developed and produced Sesame Street, The Electric Company, and provide home and hearth for the Muppets. 
    1931-- William Ernest “Bill” Walsh birthday, Pro Football Hall of Fame coach, 49ers, Born Los Angeles, CA.
http://www.sportspublishinginc.com/Titles/Bill-Walsh-Finding.html
1931 –Trumpet player Jack Sheldon Birthday
http://www.jacksheldon.com/
    1931-The Joy of Cooking is published, perhaps the most popular all-purpose cookbook, self-published by Irma Rombauer (1877-1962—her son by the way started Rombauer Winery in Napa making outstanding wine.) Rombauer's book was a comforting voice for cooks during the Depression, and the book grew into an institution. The first commercial edition of the book appeared in 1936, and it offered a revolutionary “action format” (chronologically ordered ingredients followed by instructions) now commonplace in cookbooks. In reality, she was not a cook, and most of the recipes she collected from friends and others, and wrote in a style for people who were not cooks. The numerous editions overseen by Rombauer and later her daughter and grandson sold more than 14 million copies.
    1933 –Birthday of African-American artist Sam Gilliam, born, Tupelo, Mississippi. Artist known for unique manipulation of materials resulting in painted sculpture or suspended paintings. His work was in the exhibit African-American Artists 1880-1987.
http://www.ket.org/content/painting/gilliam.htm
http://www.artcyclopedia.com/artists/gilliam_sam.html
http://www.crosstownarts.com/CrosstownArts/client_art/sam/sam.html
    1937 –Birthday of Noel Paul Stookey, American folk singer. Stookey was "Paul" of the 1960s folk trio Peter, Paul & Mary. Converted in the late 1960s, Stookey is now a Christian recording artist, and prefers using his "born again" name, “Noel.”
http://www.peterpaulmary.com/people/nps.htm
http://www.noelpaulstookey.com/index.html 
http://www.peterpaulmary.com/people/nps.htm
    1938-- Bunny Berigan records Bix Biederbeck's “Davenport Blues.”
    1939-- Dwight David Eisenhower was issued pilot's license No. 93,258 by the Civil Aeronautics Administration. He learned to fly when he was a lieutenant colonel on General Douglas Macarthur's staff in the Philippines. He is the only president of the United States to hold an airplane pilot's license.
    1940-- Charlie Parker cuts first date with Jay McShann Band, Radio KFBI, Wichita, KS, “ I've Found a New Baby.”
    1941- Japanese Emperor Hirohito consulted with admirals Shimada and Nagano. Hirohito was deeply concerned by the decision to place "war preparations first and diplomatic negotiations second" and announced his intention to break with centuries-old protocol and, at the Imperial Conference on the following day, directly question the chiefs of the Army and Navy general staffs — a quite unprecedented action. Konoe quickly persuaded Hirohito to summon them for a private conference instead, at which the Emperor made it plain that a peaceful settlement was to be pursued "up to the last". Chief of Naval General Staff Admiral Osami Nagano, a former Navy Minister and vastly experienced, later told a trusted colleague "I have never seen the Emperor reprimand us in such a manner, his face turning red and raising his voice." The war preparations continued without the slightest change. 
    1943--OHATA, ALLAN M. Medal of Honor
Sergeant Allan M. Ohata distinguished himself by extraordinary heroism in action on 29 and 30 November 1943, near Cerasuolo, Italy. Sergeant Ohata, his squad leader, and three men were ordered to protect his platoon’s left flank against an attacking enemy force of 40 men, armed with machine guns, machine pistols, and rifles. He posted one of his men, an automatic rifleman, on the extreme left, 15 yards from his own position. Taking his position, Sergeant Ohata delivered effective fire against the advancing enemy. The man to his left called for assistance when his automatic rifle was shot and damaged. With utter disregard for his personal safety, Sergeant Ohata left his position and advanced 15 yards through heavy machine gun fire. Reaching his comrade’s position, he immediately fired upon the enemy, killing 10 enemy soldiers and successfully covering his comrade’s withdrawal to replace his damaged weapon. Sergeant Ohata and the automatic rifleman held their position and killed 37 enemy soldiers. Both men then charged the three remaining soldiers and captured them. Later, Sergeant Ohata and the automatic rifleman stopped another attacking force of 14, killing four and wounding three while the others fled. The following day he and the automatic rifleman held their flank with grim determination and staved off all attacks. Staff Sergeant Ohata’s extraordinary heroism and devotion to duty are in keeping with the highest traditions of military service and reflect great credit on him, his unit, and the United States Army. 
    1943 - On Capitol Records, Nat ‘King' Cole and his trio recorded "Straighten Up and Fly Right", the first recording for the King Cole trio.
    1945---Top Hits
It's Been a Long, Long Time - The Harry James Orchestra (vocal: Kitty Kallen)
That's for Me - Dick Haymes
I'll Buy that Dream - The Pied Pipers
Shame on You - The Lawrence Welk Orchestra (vocal: Red Foley)
    1948 --Baseball's Negro National League announced they are disbanding; the 1949 is their last season. The National Negro American League closed its doors in 1962, although its fans were less and less after the 1950's as blacks began to play in the major leagues.
http://www.negroleaguebaseball.com/history101.html
http://www.nlbpa.com/history.html
    1950-- Clover Dairy Company, Wilmington, DE, sold their first can of concentrated milk called Sealtest. Two parts of water were added to one part fluid milk. The Clover Dairy Company was a division of the National Dairy Products Corporation.
Originally it was only a “test,” thus the name on the can.
    1950--BARBER, WILLIAM E. Medal of Honor
Rank and organization: Captain U.S. Marine Corps, commanding officer, Company F, 2d Battalion 7th Marines, 1st Marine Division (Rein.). Place and date: Chosin Reservoir area, Korea, 28 November to 2 December 1950. Entered service at: West Liberty, Ky. Born: 30 November 1919, Dehart, Ky. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty as commanding officer of Company F in action against enemy aggressor forces. Assigned to defend a 3-mile mountain pass along the division's main supply line and commanding the only route of approach in the march from Yudam-ni to Hagaru-ri, Capt. Barber took position with his battle-weary troops and, before nightfall, had dug in and set up a defense along the frozen, snow-covered hillside. When a force of estimated regimental strength savagely attacked during the night, inflicting heavy casualties and finally surrounding his position following a bitterly fought 7-hour conflict, Capt. Barber, after repulsing the enemy gave assurance that he could hold if supplied by airdrops and requested permission to stand fast when orders were received by radio to fight his way back to a relieving force after 2 reinforcing units had been driven back under fierce resistance in their attempts to reach the isolated troops. Aware that leaving the position would sever contact with the 8,000 marines trapped at Yudam-ni and jeopardize their chances of joining the 3,000 more awaiting their arrival in Hagaru-ri for the continued drive to the sea, he chose to risk loss of his command rather than sacrifice more men if the enemy seized control and forced a renewed battle to regain the position, or abandon his many wounded who were unable to walk. Although severely wounded in the leg in the early morning of the 29th, Capt. Barber continued to maintain personal control, often moving up and down the lines on a stretcher to direct the defense and consistently encouraging and inspiring his men to supreme efforts despite the staggering opposition. Waging desperate battle throughout 5 days and 6 nights of repeated onslaughts launched by the fanatical aggressors, he and his heroic command accounted for approximately 1,000 enemy dead in this epic stand in bitter subzero weather, and when the company was relieved only 82 of his original 220 men were able to walk away from the position so valiantly defended against insuperable odds. His profound faith and courage, great personal valor, and unwavering fortitude were decisive factors in the successful withdrawal of the division from the deathtrap in the Chosin Reservoir sector and reflect the highest credit upon Capt. Barber, his intrepid officers and men, and the U.S. Naval Service. 
    1950--SITTER, CARL L. Medal of Honor
Rank and organization: Captain, U.S. Marine Corps, Company G, 3d Battalion, 1st Marines, 1st Marine Division (Rein.). Place and date: Hagaru-ri, Korea, 29 and 30 November 1950. Entered service at: Pueblo, Colo. Born: 2 December 1921, Syracuse, Mo. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty as commanding officer of Company G, in action against enemy aggressor forces. Ordered to break through enemy-infested territory to reinforce his battalion the morning of 29 November, Capt. Sitter continuously exposed himself to enemy fire as he led his company forward and, despite 25 percent casualties suffered m the furious action, succeeded in driving through to his objective. Assuming the responsibility of attempting to seize and occupy a strategic area occupied by a hostile force of regiment strength deeply entrenched on a snow-covered hill commanding the entire valley southeast of the town, as well as the line of march of friendly troops withdrawing to the south, he reorganized his depleted units the following morning and boldly led them up the steep, frozen hillside under blistering fire, encouraging and redeploying his troops as casualties occurred and directing forward platoons as they continued the drive to the top of the ridge. During the night when a vastly outnumbering enemy launched a sudden, vicious counterattack, setting the hill ablaze with mortar, machine gun, and automatic-weapons fire and taking a heavy toll in troops, Capt. Sitter visited each foxhole and gun position, coolly deploying and integrating reinforcing units consisting of service personnel unfamiliar with infantry tactics into a coordinated combat team and instilling in every man the will and determination to hold his position at all costs. With the enemy penetrating his lines in repeated counterattacks which often required hand-to-hand combat, and, on one occasion infiltrating to the command post with hand grenades, he fought gallantly with his men in repulsing and killing the fanatic attackers in each encounter. Painfully wounded in the face, arms, and chest by bursting grenades, he staunchly refused to be evacuated and continued to fight on until a successful defense of the area was assured with a loss to the enemy of more than 50 percent dead, wounded, and captured. His valiant leadership, superb tactics, and great personal valor throughout 36 hours of bitter combat reflect the highest credit upon Capt. Sitter and the U.S. Naval Service.
    1952--GEORGE, CHARLES Medal of Honor
Rank and organization: Private First Class, U.S. Army, Company C, 179th Infantry Regiment, 45th Infantry Division. Place and date: Near Songnae-dong, Korea, 30 November 1952. Entered service at: Whittier, N.C. Born: 23 August 1932, Cherokee, N.C. G.O. NO.: 19, 18 March 1954. Citation: Pfc. George, a member of Company C, distinguished himself by conspicuous gallantry and outstanding courage above and beyond the call of duty in action against the enemy on the night of 30 November 1952. He was a member of a raiding party committed to engage the enemy and capture a prisoner for interrogation. Forging up the rugged slope of the key terrain feature, the group was subjected to intense mortar and machine gun fire and suffered several casualties. Throughout the advance, he fought valiantly and, upon reaching the crest of the hill, leaped into the trenches and closed with the enemy in hand-to-hand combat. When friendly troops were ordered to move back upon completion of the assignment, he and 2 comrades remained to cover the withdrawal. While in the process of leaving the trenches a hostile soldier hurled a grenade into their midst. Pfc. George shouted a warning to 1 comrade, pushed the other soldier out of danger, and, with full knowledge of the consequences, unhesitatingly threw himself upon the grenade, absorbing the full blast of the explosion. Although seriously wounded in this display of valor, he refrained from any outcry which would divulge the position of his companions. The 2 soldiers evacuated him to the forward aid station and shortly thereafter he succumbed to his wound. Pfc. George's indomitable courage, consummate devotion to duty, and willing self-sacrifice reflect the highest credit upon himself and uphold the finest traditions of the military service.
    1952-- On a local New York television show, Jackie Robinson accuses the Yankee organization of being racist due to its failure to have a black player on the club.
    1953---Top Hits
Rags to Riches - Tony Bennett
Many Times - Eddie Fisher
Ricochet - Teresa Brewer
There Stands the Glass - Webb Pierce
    1954- Nat "King" Cole begins a six-night run at Harlem's Apollo theater.
    1954-The first meteorite known to have struck a person crashed through the roof of a house at Sylacauga, AL, bounced off a radio, and struck Mrs. Elizabeth Hodges on the hip. she was not permanently injured. The space rock was a sulfide meteorite weighing 8.5 pounds and measuring seven inches long. It was put on display in the University of Alabama Museum of Natural History, Moundville, AL.
    1954-Birthday of June Pointer, Pointer Sisters, born Oakland, California.
http://www.thepointersistersfans.com/june.html
    1955 - Billy Idol (William Michael Albert Broad), Guitarist, singer, songwriter, born Middlesex, England.
http://mr.mayhemchaos.tripod.com/mc00idol/id8.html
http://www.billyidol.com/v1/frame.html
    1956- Floyd Patterson won the heavyweight title by knocking out Archie Moore in the fifth round of a fight in Chicago. Patterson claimed the title made vacant by the retirement of Rocky Marciano on April 27.
    1961---Top Hits
Runaround Sue - Dion
Please Mr. Postman - The Marvelettes
Goodbye Cruel World - James Darren
Big Bad John - Jimmy Dean
    1964 - A cold wave brought temperatures to 17 below at Minneapolis and 3 below at Springfield, IL
    1965 - Following a visit to South Vietnam, Defense Secretary McNamara reports in a memorandum to President Lyndon B. Johnson that the South Vietnamese government of Nguyen Cao Ky "is surviving, but not acquiring wide support or generating actions." McNamara warned that there was no guarantee of U.S. military success and that there was a real possibility of a strategic stalemate, saying that "U.S. killed in action can be expected to reach 1,000 a month." In essence, McNamara cautioned Johnson that sending additional troops was not likely to prevent the stalemate. In the end, however, Johnson chose to seek a military solution. By 1969, there were more than 500,000 U.S. troops in Vietnam.     1967-- Julie Nixon & David Eisenhower announce their engagement
    1968 - Diana Ross and the Supremes hit t#1 on the music charts with "Love Child", a controversial song for the times. It stayed at #1 for two weeks.
    1969---Top Hits
Come Together/Something - The Beatles
And When I Die - Blood, Sweat & Tears
Na Na Hey Hey Kiss Him Goodbye - Steam
Okie from Muskogee - Merle Haggard
    1969 -- Simon & Garfunkel's first TV special airs. Sponsor AT&T backs out when they learn that the duo plan to show footage of Bobby Kennedy's funeral march and clips of the Vietnam War.
    1969--OWEN, HAMMETT L., JR. Medal of Honor
Rank and organization: Staff Sergeant, U.S. Army, Company C, 2d Battalion, 14th Infantry, 25th Infantry Division. Place and date: Binh Duong Province, Republic of Vietnam, 27 June 1969. Entered service at: Jacksonville, Fla. Born: 30 November 1947, Lagrange, Ga. Citation: S/Sgt. Bowen distinguished himself while serving as a platoon sergeant during combat operations in Binh Duong Province, Republic of Vietnam. S/Sgt. Bowen's platoon was advancing on a reconnaissance mission into enemy controlled terrain when it came under the withering crossfire of small arms and grenades from an enemy ambush force. S/Sgt. Bowen placed heavy suppressive fire on the enemy positions and ordered his men to fall back. As the platoon was moving back, an enemy grenade was thrown amid S/Sgt. Bowen and 3 of his men. Sensing the danger to his comrades, S/Sgt. Bowen shouted a warning to his men and hurled himself on the grenade, absorbing the explosion with his body while saving the lives of his fellow soldiers. S/Sgt. Bowen's extraordinary courage and concern for his men at the cost of his life served as an inspiration to his comrades and are in the highest traditions of the military service and the U.S. Army.
    1971 - As the "ABC Movie of the Week", ABC-TV presented "Brian's Song". The story was about Chicago Bears Brian Picolo and his friendship with Gayle Sayers, who watched him die a tragic death. The movie rated a 32.9 and a 48 share. "Brian's Song", performed by Michel Legrand, was the movie's theme.
    1974 - The Eagles released their hit, "Best of My Love", but it would take until March 1,1975 for it to hit #1 on the top 40 charts.
    1974 - Elton John's Greatest Hits album hits #1
    1977---Top Hits
You Light Up My Life - Debby Boone
Don't It Make My Brown Eyes Blue - Crystal Gayle
How Deep is Your Love - Bee Gees
The Wurlitzer Prize (I Don't Want to Get over You) - Waylon Jennings
    1983-- Radio Shack announces the Tandy Model 2000 computer (80186 chip)
    1985--Separate Lives" by Phil Collins & Marilyn Martin topped the charts and stayed there for a week.
    1985---Top Hits
Separate Lives - Phil Collins & Marilyn Martin
Broken Wings - Mr. Mister
Never - Heart
Too Much on My Heart - The Statler Brothers
    1987 -- "Weird Al" Yankovic records first of his "Even Worse" LP: "Melanie" & "Stuck In A Closet With Vanna White".
    1987 — Los Angeles Raiders running back Bo Jackson rushes for 221 yards in just his fifth career NFL game as the Raiders beat Seattle 37-14. Jackson scores on runs of 91 and 2 yards, and adds a 14-yard touchdown catch
    1988 -- LL Cool J performs the first rap concert held in Africa.
    1991 ---93 cars and 11 truck accident near Coalinga, California (Central California, after the grape vine,) during a dust storm, 17 die and 150 are injured. The area is well-known for its “tully” fog and dust storms.
    1991-"Set Adrift on Memory Bliss" by P.M. Dawn topped the charts and stayed there for a week.
    1991 -Minneapolis ended the month with 46.9 inches of snow, the most ever for November and for any month. Although the official start of winter was still 3 weeks away, the city had already surpassed the normal seasonal snowfall record with 55.1 inches since October 1 (normal for the entire winter is 49.2 inches)
    1993 --Brady gun bill signed into law.
    2000 --Free agent Mike Mussina inks an $88.5 million, six-year contract with the Yankees. The ten-year veteran compiled a 147-81 record with a 3.53 ERA as an Oriole hurler.