Archives----October 26, 2004
Kit Menkin on UniCapital

Four years ago we were informing readers that UniCapital was about to go under, forget the Bank of American loan, and to watch out. Perhaps we were bolder in those days, as the next day I returned a telephone call to the UniCapital attorney in New York. I remember it very well as almost every other word was "Mr. Menkin" and threats that I could not write this or "where did I get this information?" Basically he gave me a full threatening performance, and he must have spoken for five, maybe ten minutes. He was very convincing. He was very authoritative, very threatening; didn't give me a change to respond. He must have been what they call a "telephone attorney" as he certainly came across on the telephone line that he meant business.

When he wound down with what he wanted me to know and had mentioned his firm several times and the money behind UniCapital, I asked him for a statement. He said he had none.

I then asked him the address of his office. When he told me, I answered that I knew where his office was, as I was born in New York City. I asked him what floor he was on. He didn't want to tell me. So I said to him, something like this: " I appreciate your call and look forward to a statement. Now let me give you a piece of advice as my readers tell me what is going on, the real truth (and I paused, a long pause on purpose.) My advice for you to is to make sure your firm has a big retainer. You don't want a bankruptcy judge to not only tell you what you can make, but when you can receive it, and maybe you won't see anything for quite some time--- so I would make sure your firm has a larger retainer if you are going to continue to represent UniCapital. That's my personal advice."

He hung up on me. But I never heard from him again, or from any attorney who represented UniCapital.

Here is the story he did not like:

UniCapital

"UOG Portland, they say things are still up in the air, but the Pres. of UOG Portland has been working hard to get a deal done with B of A before UCP pulls them down with them in the BK proceedings."

I will stick by my comments yesterday on this, plus BSB making a formal proposal to UniCapital and an unwinding of this company.

These are companies that UniCapital Purchased, until they basically ran out of money to acquire companies. Many were in the "hard credit" or "challenged credit" or franchise financing business.

American Capital Resources 2/98
Boulder Capital Group 2/98
Cauff, Lippman Aviation 2/98
Jacom Computer Services 2/98
Matrix Funding 2/98
Merrimac Financial Associates 2/98
MunicipalCapital Markets Group 2/98
The NSJ Group 2/98
PortfolioFinancial Servicing 2/98
Vanlease 2/98
The Walden Group 2/98
K.L.C., Inc. dba Keystone Leasing 5/98
Jumbo Jet 7/98 HLC Financial 7/98
Saddleback Financial Corporation 7/98 U.S.
Turbine Engine Corp. 7/98
The Myerson Companies dba BSB Leasing 9/98

UniCapital's stock, like those of many other financial services companies, took a steep dive in late August and early September 1998, and UniCapital made no further acquisitions as it no longer had a stock that was attractive to use in acquisitions.

One of the major mistakes, according to industry analysts, was UniCapital entrance into the commercial jet aircraft and engine leasing market. It is reported that the Aircraft Group had unlimited abilities in closing deals. According to information given to me, when insiders went to the CEO about the poor credit decisions, particularly with used aircraft prices going downwards, the CEO told them they did not know what they were talking about. It was reported this was his "baby" and it was his basic decision, over other objections, to acquire the refurbishing along with aircraft and engine leasing to build a leasing department that no one had been able to control before, and this was an industry that would be very profitable.

Allegedly, the CFO had a great deal of trouble confronting his younger brother, who was CEO at the time. While the CFO has reportedly told others about his concern, he was "afraid" to bring up many of these problems directly with his brother, one highly reliable source told me.

As business was changing, it became evident to those with leasing experience that the CEO knew very little about the leasing business itself, according to several inside sources. Everyone I spoke with told me it appeared management's main thrust, their main occupation was to try and please the Wall Street investors. This was the impression given to many divisions visited by the CEO, who was not building up support from people who "knew" the leasing industry and how it was supposed to work.

I was told by several of the divisional company management, who do not want me to quote them, that they had little respect for him. I was told the former CE0 didn't seem to care, that his attention all went to raising money and not to operations in the street, which was "below him." He was a "New Yorker," although the operation was in Florida, the attitude was Wall Street ran the company. Morale was also poor in the operating area as it not only filtered down from management, but was seen by middle-management.

There is an interesting story when the top management team first visited BSB Leasing in Colorado, they arrived in two long stretch limousines ( they could not all fit in one ), dressed as if they had just arrived from New York City in expensive suits, ties, and well-polished shoes. They got stuck for over a half-hour going up the elevator. The definitely were not in a good mood when they meant casual dressed, hard working," hands on crowd" at BSB. It was evident, I am told, they didn't like Colorado, or the people who lived and worked for them.

BSB has made an offer last Friday to purchase their company back. Several of the "divisions" are in negotiations for sales or wind down as Bank of America evidently has lost confidence, but wants to wind down the operation in an orderly fashion, I am told by a reliable source. I cannot get UniCapital public relations people to respond by telephone or e-mail and have calls into several officers for over a week. There obviously is a "gag order", and in my opinion, a disregard to the public and the news media.

I know the excuse will be "negotiations", and not wanting to be sued by stockholders, but surely management can handle "the spin" better than they have in the last month, particularly. There are many leasing companies on the block, see The List, and it is no secret this is not a particularly good market for leasing company investment. And in reality, in this sue happy world, no matter what you are going to do, you are not going to please everyone, and if there is any hope of an investor getting a dime back, you better believe they will explore it.

Kit Menkin

Classified Ads---Controller

Boca Raton, FL CPA w/ Sarbanes Oxley/ 15 years management exp. as CFO/ Controller/5 yrs w/ PWC Extensive exp providing accounting/ tax guidance for the equipment lease industry. Willing to relocate. Email: bltushin@hotmail.com

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

For a full listing of all "job wanted" ads, please go to:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

Other e-Mail Posting Sites:
http://www.leasingnews.org/Classified/Posting_sites.htm

Leasing "Flat" at TCF Financial

TCF Financial Corporation, Wayzata, Minnesota reported a third quarter income of $17.5 million compared to second quarter income of $23.5 million; third quarter of 2008 was $30.1 million.

Leasing income was reported as "flat," up only $13.78 million, $2.811 billion compared to second quarter of $2.809 billion, but $510.7 million up from third quarter of 2008 $2,300 billion. Nine month year to date was 2009 $3.588 billion to $3.206 billion.

Leasing and equipment finance revenues were $15.2 million for the third quarter of 2009, down $1.7 million, or 10.1 percent, from the second quarter of 2009, but up $2.2 million, or 16.7 percent, from the third quarter of 2008.

TCEF reported, "he increase in leasing revenue from the third quarter of 2008 and decrease from the second quarter of 2009 was primarily due to sales-type lease revenue which varies from period to period based on customer-driven events."

William A. Cooper, TCF Chairman/CEO

"The third quarter continued to pose many challenges for TCF and other banks as the effects of high unemployment and the resulting increase in consumer defaults and softness in spending continue to pressure earnings," said William A. Cooper, TCF Chairman and CEO. "While credit losses continue to dampen our results, fee income and net interest margin remained strong. In addition, our focus on growing low cost deposits and expanding our specialty finance businesses position TCF for improved earnings as the economy improves."

TCF acquired the majority of the lease portfolio from Popular Bank's leasing division Popular Business Finance. Fred Van Etten, then president, is now at TCF: I am in St. Louis and working for TCF as SVP National Marketing manager. TCF is a terrific company, an industry leader and I?m proud to be with such a great organization.

TCF Bank has 443 branches in Minnesota, Illinois, Michigan, Colorado, Wisconsin, Indiana, Arizona and South Dakota.

Full press release here:
http://leasingnews.org/PDF/TCF_3rd_Quarter.pdf

President Obama SBA plan:

- Increasing the size of SBA's 7(a) loan from $2 million to $5 million.

- Increasing the size of SBA's 504 loan from $2 million to $5 million for standard borrowers (supporting a total project of $12.5 million) and from $4 million to $5.5 million for manufacturers (supporting a total project of $13.75 million).

- Increasing the size of SBA's Microloan from $35,000 to $50,000.

The International Franchise Association was very much in favor of the plan, promoting it in Congress and recommending to the president.

"We thank President Obama for his support to enhance the SBA's loan program," said IFA President & CEO Matthew Shay. "We urge Congress to take the next step and pass legislation to increase the loan limits and make other important changes to the SBA loan program."

He cited more than 900,000 franchise businesses operate in the United States today and provide for 20 million jobs and $2.3 trillion in economic activity.

"Fifteen percent of all small business franchisees in the United States own between two and five units, which is the fastest growing segment of our industry," Shay explained. "There are over 400 different franchise brands in the United States that have an average initial investment requirement of $750,000 to $2 million per unit.

"These franchised small businesses reach the SBA's current loan limit of $2 million by the time they want to build the second or third store. By increasing the loan limit to $5 million, at an annual growth rate of 5 percent, these businesses could create 450,000 to 650,000 new direct and indirect jobs within the next 12 to 18 months."

OTS New Regulation

Department of Treasury, Office of Thrift Supervision

Federally chartered savings associations are subject to an investment limit of 20 percent of assets in commercial loans if the institution invests at least 10 percent of assets in loans to small businesses.

Federal savings associations may make loans secured by nonresidential real estate, which includes commercial real estate, in amounts up to 400 percent of capital.

Guaranteed portion of EDA, SBA, and FmHA loans: No limit

Other commercial loans 20% of assets provided at least 10% of assets are to small businesses.

LENDING TO SMALL BUSINESSES
For purposes of the regulatory limitations, OTS defines small business loans as:
o Any loan to a farm or business that meets the Small Business Administration (SBA) definition of a small farm or business, or
o Any business loan for $2,000,000 or less or any farm loan of $500,000 or less.

Commercial Lending Limits:
http://leasingnews.org/PDF/Commercial_Lending_Limits.pdf

Bank Beat---Seven Bank Failures last Friday

The 106th bank to fail in the US was First DuPage Bank, Westmont, Illinois, a one bank branch June 28, 1999 with 24 employees, down from 37 the year before, was taken over by First Midwest Bank, Itasca, Illinois, to assume all of the deposits of First DuPage Bank. The bank also was the seventeenth to fail in Illinois.

Equity had dropped from $25.8 million June 30, 2008 to $1.8 million June 30, 2009. The bank had lost $3.7 million June 30, 2008 and $16.1 million June 30, 2009. First DuPage appears to have had about $50 million in loans that were 90 days past due, primarily construction and land development loans. It also had about $6 million in non-accrual commercial and industrial loans.

As of July 31, 2009, First DuPage Bank had total assets of $279 million and total deposits of approximately $254 million. The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $59 million.
http://www.fdic.gov/news/news/press/2009/pr09192.html

The sole branch of American United Bank, Lawrenceville, Georgia with 14 employees is now operating as Ameris Bank, Moultrie, Georgia. Formed in December, 2004 reportedly by Indian-American business interests as a commercial bank serving businesses of minority and first-generation immigrants in Gwinnett County, the bank had $20.6 million in nonperforming or foreclosed loans and equity had fallen from $8.7 million June 30, 2008 to $3.7 million. The bank lost $457,000 in June 30, 2008 and $3,779,000 June 30, 2008.

Ameris Bank will pay the FDIC a premium of 1.02 percent to assume all of the deposits of American United Bank. The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $44 million.
http://www.fdic.gov/news/news/press/2009/pr09187.html

Becoming the 104th bank to fail in the US, and the first in Wisconsin, Bank of Elmwood, Racine, Wisconsin five branches with 80 employees is now open as Tri City National Bank, Oak Creek, Wisconsin, who assumed all of the deposits of Bank of Elmwood. As of September 30, 2009, Bank of Elmwood had total assets of $327.4 million and total deposits of approximately $273.2 million. Equity of the bank had gone from $25.1 million June 30, 2008 to $10.4 million June 30, 2009. The bank listed a Tier 1 risk-based capital ratio of 4.71 percent in the first quarter compared with 10.53 percent a year earlier, according to Federal Deposit Insurance Corp. filings. The Bank lost $894,000 June 30, 2009. In July, the bank was ordered by a August 29 deadline to take corrective actions, including raising more capital or selling or merging the bank.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $101.1 million.
http://www.fdic.gov/news/news/press/2009/pr09190.html

Flagship National Bank, Bradenton, Florida, was the ninth bank to fail in Florida, with four branches with 36 employees operating today as First Federal Bank of Florida, Lake City, Florida. As of August 31, 2009, Flagship National Bank had total assets of $190 million and total deposits of approximately $175 million. Equity had dropped from June 30, 2008 of $15.9 million to $4.6 million June 30, 2009 with the bank reporting a loss of $9.6 million after a charge off of $8.1 million. The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $59 million
http://www.fdic.gov/news/news/press/2009/pr09189.html

Story with several photographs that rotate:

http://www.bradenton.com/business/story/1800534.html
Florida bank failures in 2009
1. Ocala National Bank, Ocala
2. Riverside Bank of the Gulf Coast, Cape Coral
3. BankUnited, Coral Gables
4. Integrity Bank, Jupiter
5. First State Bank, Sarasota
6. Community National Bank of Sarasota County, Venice
7. Partners Bank, Naples
8. Hillcrest Bank Florida, Naples
9. Flagship National Bank, Bradenton
FDIC

Hillcrest Bank Florida, Naples, Florida, with six branches and 23 employees was closed Friday by the Florida Office of Financial Regulation, which appointed the Federal Deposit Insurance Corporation (FDIC) as receiver. To protect the depositors, the FDIC entered into a purchase and assumption agreement with Stonegate Bank, Fort Lauderdale, Florida, to assume all of the deposits of Hillcrest Bank Florida.

As of October 1, 2009, Hillcrest Bank Florida had total assets of $83 million and total deposits of approximately $84 million. Equity had gone from $14.5 million in June 30, 2008 to $17 million June 30, 2009. The bank had lost $735,000 June 30, 2008 and $10.8 million June 30, 2009.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $45 million.
http://www.fdic.gov/news/news/press/2009/pr09188.html

Officially the 100th bank to fail was Partners Bank, Naples, Florida two branches with 18 employees is now operating as part of Stonegate Bank, Fort Lauderdale, Florida. As of September 30, 2009, Partners Bank had total assets of $65.5 million and total deposits of approximately $64.9 million. Equity had dropped from $9.2 million to $1.1 million. The bank lost $1.1 million June 30, 2008 and $7.2 million June 30, 2009.

In April, 2009, the Partners signed a merger agreement with Semoran Financial Corp., a community bank in development in the Orlando area, that was unable to raise the necessary capital to open. At the time, it was announced that the merger was the first phase of a four-pronged plan to grow the bank and raise more capital, as well as expanding into Central Florida.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $28.6 million
http://www.fdic.gov/news/news/press/2009/pr09186.html

Riverview Community Bank, Otsego, Minnesota two branches with 28 employees, down 8 from last year, is now operating as Central Bank, Stillwater, Minnesota. As of August 31, 2009, Riverview Community Bank had total assets of $108 million and total deposits of approximately $80 million. Equity had dropped from $10.9 million June 30, 2008 to $2.6 million June 30, 2009. June 30, 2008 the bank had a $1.3 million loss and June 30, 2009 a $3.6 million loss.

In addition to assuming all of the deposits of the failed bank, Central Bank agreed to purchase essentially all of the assets. They have tripled their branch presence in the Twin Cities with the Riverview acquisition, and its earlier acquisition of Mainstreet Bank and Jennings State Bank, based in Spring Grove.

The FDIC and Central Bank entered into a loss-share transaction on approximately $75 million of Riverview Community Bank's assets. The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $20 million
http://www.fdic.gov/news/news/press/2009/pr09191.html

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

Leasing News Top Stories-October 19-23

Here are the top ten stories opened by readers:

(1) Archives-October 21, 2002
Trinity Capital sold to Bank of the West
http://leasingnews.org/archives/October%202009/10-21-09.htm#Archives_Bank_of_West

(2) Lease Police Alert--New Jersey and Louisiana
http://leasingnews.org/archives/October%202009/10-23-09.htm#Lease_Police

(3) Ted Pritchard, CLP, Passes Away
http://leasingnews.org/archives/October%202009/10-19-09.htm#Ted_Pritchard

(4) GE to continue "shrinking"
http://leasingnews.org/archives/October%202009/10-19-09.htm#GE_shrinking

(5) Bank CEO admits Key Equipment Finance shrinking…
http://leasingnews.org/archives/October%202009/10-23-09.htm#Bank_CEO

(6) US Bancorp Leasing Biz Up and Down
http://leasingnews.org/archives/October%202009/10-23-09.htm#USBancorp

(7) Concord Financial Services Closes its Door
http://leasingnews.org/archives/October%202009/10-19-09.htm#Concord_Financial

(8) Tygris "merges" with EverBank Financial
by Christopher Menkin
http://leasingnews.org/archives/October%202009/10-23-09.htm#Tygris_merge

(9) Fifth Third Bank joins Sheldon Player Fray
http://leasingnews.org/archives/October%202009/10-21-09.htm#Sheldon_Fray

(10) Leasing 102 by Mr. Terry Winders, CLP
Rate Fear
http://leasingnews.org/archives/October%202009/10-19-09.htm#Leasing_102

Classified Ads---Help Wanted

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5 years experience with established vendor relationships. We offer great funding capacity for transactions $10k to $10MM. Quail Company's established for over 30 years. Submit resume to: jrudin@quailcap.com About the company: Quail Equipment Leasing 17 years in business with the ability to develop specialized programs for vendors and unique industries: $10K to $10MM.

www.quailequipmentleasing.com

Leasing 102
by Mr. Terry Winders, CLP

Delivery and Acceptance Certificates

A delivery certificate confirms that the lessee is in possession of your goods and the date of that possession. Date of possession is necessary to determine how long before the twenty day limit on "purchase money security interest" lien filings is up. A late lien filing becomes secondary to any blanket lien filing. Without a copy of the delivery document, produced by the shipper and signed by the lessee, the lessor has no other way to know when delivery occurred. It is permissible to have this date registered or requested on the acceptance certificate if it is separated and made conspicuous. Occasionally the lessee just places dates in the date blanks based on the date they are signing the document instead of the actual date of delivery or acceptance making the document inaccurate for delivery purposes. One of the difficult tasks of a lessor is obtaining good delivery dates. Please understand that delivery for filing purposes is the date the first piece is delivered not the last or complete delivery. Perhaps the delivery certificate should say what day did you receive the first piece of the goods?

The acceptance certificate is one of the most important documents in leasing because it binds the lessee to all the requirements contained in the acceptance and the lease agreement. Most lessors call this the commencement date because it is the date the lessee becomes obligated to pay rent. A lease agreement is signed to confirm the overall lease provisions; however, the acceptance certificate will contain the specifics, of the equipment under lease, such as payment requirements, equipment location, insurance requirements and end of the lease options. It is also common to attach a complete description of the equipment as a schedule (usually schedule A) because of the number of times the description is used in the preparation of all of the documents. A lessee may be asked to confirm the equipment description with all identifying marks in the acceptance certificate.

Here is a sample of an Acceptance Certificate with the proper possession date included:

ACCEPTANCE AND POSSESSION CERTIFICATE
Master Lease:
Schedule:
Lessee: Lessor:

This is an Acceptance Certificate (this "Certificate") dated ______________ 200_ by _____________. ("Lessee"). This Certificate is delivered pursuant to Schedule No. ______ (the "Schedule) to the Lease Agreement dated as of __________ 200_, between _____________________________("Lessor") and Lessee (Lease No. ______) (the "Lease). Capitalized terms not otherwise defined in this Certificate shall have the meanings given them in the Lease.

I, ____________________________, certify that

1. I am a duly authorized and appointed officer, employee or agent of Lessee, and make this Certificate on behalf of Lessee.

2. The following Items of Equipment have been (a) previously delivered to Lessee under the Lease (as evidenced by a preciously signed Delivery Certificate), (b) fully and completely installed (if and to the extent any installation is required), (c) tested by Lessee to the extent Lessee deems appropriate in order to make this Certificate), (d) found to be suitable to Lessee for purposes of accepting those Items under the Lease and making them subject to the Schedule and the Lease (without waiving any rights or claims against the Vendor), (e) put into use on or as of the Commencement Date, and (f) accepted by Lessee, and Lessee hereby waives any right to revoke its acceptance with respect thereto:

Description of Items of Equipment:

See Attached Schedule A

3. The Basic Term Commencement Date for the foregoing Items of Equipment is the date the equipment is accepted and put into use by the Lessee and that date is the acceptance date. As of that Basic Term Commencement Date, each and all of the foregoing Items of Equipment is irrevocably subject to all of the provisions of the Lease and the Schedule for the Term of the Lease with respect to such Items, including without limitation Section ( ) of the (regarding Lessee's duty to maintain the Equipment, among other things), Section ( ) (regarding Lessee's duty to pay or reimburse Lessor for taxes, among other things), and Section( ) regarding Lessee's duty to provide insurance, among other things) of the Lease.

4. The Lessee warrants that it took Delivery/possession of the First piece of the leased equipment on the date specified below for UCC purposes.

5. Lessee authorizes Lessor to enter into the Lease Schedule the date specified below as the acceptance date as the base Term Commencement date of this Lease.

IN WITNESS WHEREOF, Lessee has signed this Certificate as of the date set out in the preamble hereto, but actually on the date set forth below.

Date Lessee took delivery/possession of the Equipment listed as Schedule A: Date of Possession_______________________

Base Term Commencement Date/
Date of Acceptance:________________ By _____________________________

Witness: ___________________ Title: ___________________________

Date: ______________________ Date Signed: ___________________________

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at leaseconsulting@msn.com or 502-327-8666. He invites your questions and queries.

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

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

Federal Way, Washington--- "Adopt a Pet"

Shane
Mixed-Terrier/Hound
Home without cats preferred

"Shane is up-to-date with routine shots and house trained.
E-mail only, please: tlvhadoptions@gmail.com Her name is shane. She's a mutt. She has some pit bull in her, but the vet isn't sure what else. She's a lover and a snuggler. She'll cuddle you at night. She's about 2 1/2 to 3 years old, but she came to me as a stray about 2 1/2 years ago, so I'm not positive on her age. She is approximately 65-70 lbs and all of her vaccines are current. She's beautiful and walks very well on a leash. She is pretty laid back. The reason she needs a new home is that she likes to chase and bite cats. I have two cats, both of whom have been subject to Shane's taste for feline. She needs a home without cats. She is also still a puppy and needs much more attention than I am able to give her. When i took her in, I thought I would be able to give her what she needs, but really, she needs someone with a lot of time and a fenced yard. My job and other things take me away from my home a lot and so I've crate trained Shane, but it just doesn't seem fair that such a great dog should be given so little attention. She also lives with another dog and gets along great with him, so if you have other dogs, she would probably be fine. She's never been aggressive with humans, just cats. It is hard for me to give her away, so I'm hoping to find someone who will love her as much as I do, but can give her a home with more attention and no cats to torment. i am willing to bring her to meet you (and am pretty flexible on distance, if it means a good home), but only if you are seriously interested."

http://www.petfinder.com/shelters/WA306.html

Capmark, a Big Commercial Lender, Files for Bankruptcy
http://www.nytimes.com/2009/10/26/business/economy/26capmark.html?_r=1&ref=business

CIT CEO's Wife Is Very Angry at Barack Obama for Cutting Wall Street Salaries
http://nymag.com/daily/intel/2009/10/cit_ceos_wife_is_angry_at_bara.html

10 worst dining trends of the last decade "Worst trend?" said Tim Zagat, co-founder of the Zagat restaurant survey. "Buying wine to show off. It's not new but it got out of hand with Wall Street types this decade. If you spend $100 on a bottle now, you're exhibiting some degree of stupidity."
http://www.chicagotribune.com/entertainment/dining/chi-091021-worst-dining-trends-pictures,0,5192606.photogallery

Yankees 5, Angels 2: Yankees Win A.L.C.S., 4-2
http://bats.blogs.nytimes.com/2009/10/25/live-analysis-alcs-game-6-angels-at-yankees/?hp

Cowboys rip Falcons' secondary to shreds
http://www.ajc.com/sports/atlanta-falcons/cowboys-rip-falcons-secondary-173508.html

For Raiders, a new low
http://www.contracostatimes.com/sports/ci_13641001?nclick_check=1

49ers fail to overcome first half deficit
http://www.pressdemocrat.com/article/20091025/SPORTS/910259993/1010/SPORTS?Title=49ers-fail-to-overcome-first-half-fall-24-21

Late Favre Turnovers Result in Vikings' First Loss
http://www.nytimes.com/2009/10/26/sports/football/26steelers.html?ref=sports

NFL Scoreboard
http://nytimes.stats.com/fb/scoreboard.asp

Final: Cardinals 24, Giants 17
http://fifthdown.blogs.nytimes.com/2009/10/25/pregame-giants-vs-cardinals/?hp

La Russa's back - with McGwire
http://www.stltoday.com/stltoday/sports/stories.nsf/cardinals/story/25B600ED9E3AA1028625765B00105415?OpenDocument

Schwarzenegger signs bill boosting NFL stadium plans in San Gabriel Valley
http://latimesblogs.latimes.com/lanow/2009/10/industry-stadium.html

Why Fish and Red Wine Don't Mix--It's the iron in red wine
http://sciencenow.sciencemag.org/cgi/content/full/2009/1022/2

Red-Grape Compound May Improve Diabetes
http://health.usnews.com/articles/health/healthday/2009/10/22/red-grape-compound-may-improve-diabetes.html

Eat Local; Drink European --Eric Asimov in SF
http://www.nytimes.com/2009/10/21/dining/21pour.html?ref=dining

Pernod Ricard sales fall 13% on wine, champagne
http://www.marketwatch.com/story/pernod-ricard-sales-fall-63-on-wine-champagne-2009-10-22

Bordeaux 2009: Winemakers keen to live up to hype
http://www.decanter.com/news/news.php?id=290758

1962 - JFK warned Russia that the US would not allow Soviet missiles to remain in Cuba. Nikita Khrushchev sent note to JFK offering to withdraw his missiles from Cuba if US closed its bases in Turkey. The offer was rejected. A boarding party from the Pierce and Kennedy executed the first quarantine interdiction of the Marucla. A tanker, the Groznyy is placed under aerial surveillance. Three more Soviet ships en route to Cuba were reported to have changed course and were returning to their ports of departure. They were the Vishnevsky, Okhotsk, and Sergev Botkin. Later in the day, Lawrence and MacDonough were shadowing Groznyy. The tanker had several cylindrical tanks topside and had declared them to contain ammonia.

That Home Run Feeling
by Tim Peeler

tired and poisoned by yellow jacket stings,
go for a hard run through the ripe dark July night,
strides shortened, quickened,
lap by ill-lit lap
in rain-plowed sand
that tightens a muscle against the pull of a worn shoe,
circling the pale glow of Little League baseball field,
enamored by the plink of metal bats,
the hearty high-pitched cheers,
circling as they circle a tauter diamond
in a high geometry of runs;
eighteen-fifteen the park announcer drawls
and I am drawn to the memory of my own Little League experience playing that 60's cinema
as I suck humidity by the round ball court
where rapper wannabes
work their slant rhymes and turnover dribbles,
and a tired backboard shivers.

Leaving now, I consider
the perfect orange moon
hanging for a moment on the light pole
above silent horseshoe pits,
and just for one splendid moment
I have that home run feeling again.

Touching All Bases
Poems from Baseball
Tim Peeler
www.mcfarlandpub.com