Class Action/Ascentium Settlement Nearing Resolution
By Christopher Menkin

A recent filing indicates a settlement is in the works involving a class action Master Complaint against the vendor involved, its principal, Ascentium Capital and Cliff McKenzie. Leasing News has requested Tom McCurnin, its Legal Editor, to review the recent 66 page filing when he has the time.

Page 38 of the filing appears to give the distinct impression they are showing what they have to insure that there is a settlement by the court and the defendants should not back out of it if any changes are made by the court; Line: 225, page 38, (in bold) "Plaintiffs reserve the right to expand upon the class relief pled below should their proposed class settlement not become final."

Since the decision needs to be made public, this seems to be a move to sure up the plaintiffs’ position. It is further evidence that a settlement is definitely the way this is going to end (re: class action).

The collateral was a few iPads, a license to use a home health care product whereby the doctor would sell home health care, administered by nurse practitioners hired by the vendor. Reportedly Ascentium financed $45,000,000 of these deals. The vendor, MHT, sold these licenses for $300,000 to doctors and allegedly promised the doctors:

• Start-up costs (line of credit) is supplied by Ascentium, in the amount $75,000;
• No physician ever has to make payment on these lines of credit;
• The license can be returned at any time through a “novation” in which it is resold to another doctor; Proprietary software is included for CMS requirements (Medicare and Medicaid) 
• There are no fees or interest associated with the license.

The 12 Univest Capital cases continue, although perhaps there is settlement talk here as well. It appears Balboa is not named nor in the proposed Master Complaint settlement. It appears Balboa Capital’s role in this is very different from Univest and Ascentium.

Stay tuned for Leasing News Legal Editor Tom McCurnin’s report as well as the separate Balboa cases 3:17-cv-963 and the lead case 3:17-cv-155… and then there is the million dollar interim Shopko-Balboa case which is scheduled for trial December 5, 2017.

Shopko-Balboa Capital Summary Judgement Denied
$1 Million Case plus perhaps $250,000+ Attorney Fees
http://leasingnews.org/archives/Aug2017/08_28.htm#shopko 

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ELFA MLFI-25 Report New Business Off 1%
for Month of August

(Chart: Leasing News)

The Equipment Leasing and Finance Association’s (ELFA) Monthly Leasing and Finance Index (MLFI-25), which reports economic activity from 34 member companies*  showed their overall new business volume for August was $7.8 billion, up 1 percent year-over-year from new business volume in August 2016. Volume was down 1 percent month-to-month from $7.9 billion in July.

click to make larger click to make larger click image to make larger click image to make larger click image to make larger

 

 

 

 

 

 

Charts: ELFA

 

* 34 ELFA Member Report Contributors

BancorpSouth Equipment Finance
Bank of America Merrill Lynch
Bank of the West
BB&T Bank
BMO Harris Equipment Finance
Canon Financial Services
Caterpillar Financial Services
CIT
Citizens Asset Finance
Dell Financial Services
DLL
EverBank Commercial Finance
Fifth Third Equipment Finance
First American Equipment Finance, a City National Bank Company
Frost Bank
GreatAmerica Financial Services
Hitachi Credit America
Huntington Equipment Finance
John Deere Financial
Key Equipment Finance
LEAF Commercial Capital Inc.
M&T Bank
Marlin Leasing
Merchants Bank Equipment Finance
PNC Equipment Finance
SG Equipment Finance
Siemens Financial Services
Stearns Bank
Stonebriar Commercial Finance
TCF Equipment Finance
TD Equipment Finance
US Bancorp Equipment Finance
Volvo Financial Services
Wells Fargo Equipment Finance
(Source: ELFA)

 

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Equipment Leasing Account Executive What sets CoreTech apart from other equipment leasing companies is our team members and impeccable reputation. Are you unhappy with the ethics of your company and the promises made to you? Come to Newport Beach and join us. To learn more, please click here www.coretechleasing.com CoreTech specializes in medium to  large size companies and firms Over 100 law firms trust CoreTech for their leasing needs, why wouldn't you?

 

 

Sales Makes it Happen by Scott Wheeler, CLFP

The Big One that Got Away

Part of selling is winning and losing transactions. Even the most experienced originators make mistakes that cost them a transaction or a relationship. Top producers dust themselves off, learn from their mistakes, and move forward to fight another day. It hurts when we spend valuable time and effort chasing that big deal that will make the month, quarter, or year and it's unexpectedly lost, especially when we know, after the fact, that we could have done more.

I recently coached a seasoned originator who lost a large transaction that he thought he should have won. We dissected the process and could point to multiple lost opportunities for him to be more aggressive, to drive the sale home just a little bit harder, and to flaunt his attributes. Remembering that hindsight is 20/20, we could not absolutely confirm whether his extra efforts would have made a difference, but he sure wished that he had tried - or had a second chance. His lessons learned were that he became too confident during the selling process, he took for granted his perceived strong position with the client, and he skipped some basic steps of selling because of poorly read signals sent by the client. It was a humbling experienced that cost "real" money in his pocket.

But all was not lost with this specific end-user. The originator met with his contact and explained how disappointed he was to lose the deal, but that he respected the contact's decision and hoped to win the next transaction. He found out more about his competitor's winning structure. He more clearly understood his specific negotiation failures. His continued conversations lead to reassurance by the end-user that he would have the opportunity to bid on future transactions. Most impressively, the originator won a lead from the end-user of a business partner looking to buy similar equipment in the near future. Rather than walking away from a lost opportunity with nothing, the seasoned originator clawed himself back into the arena and is excited about winning more transactions.

Available Here:
https://www.createspace.com/5355516 
Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161
Email: scott@wheelerbusinessconsulting.com
Web: www.wheelerbusinessconsulting.com

Sales Makes it Happen articles:
http://www.leasingnews.org/Legacy/index.html 

 

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The Use of Lease Proposals

The difference between a professional salesperson and an order taker has to do with how you discover the customer's true interest and what they will accept in a lease transaction. The proposal is an excellent tool to do this if you take the time to construct it wisely and include all of the differences that set you apart from your competition plus a complete explanation of the type of transaction you are proposing.

A lease proposal when presented correctly can properly present your terms and conditions to the potential lessee. However, it requires a complete presentation of all your terms and conditions. Space here does not lend itself to present a proper proposal so the discussion will address its purpose.

Some poorly presented proposals only discuss the rental terms and the three ends of the lease options. While this may be acceptable in small ticket leases, it will lose you most middle market transactions where the average customer is searching for the best "deal" and only understands a little about what a lease can do for them.

A professional lease salesperson extracts as much information as possible from discussions with the customer but also knows the importance of discovering your differences, or advantages, from your competition. These differences cover a large area such as grace periods, stipulated loss requirements, late charge assessments, property tax procedures, differences in documentation, return conditions or location, and ease of doing business.

Differences are advantages if presented correctly and differences abound if you look for them.
One of the most important steps, is the last one, often over looked, and in the parlance, can be a "conditional close," if done properly:

Review the proposal with your customer to view their reaction to each of your terms or conditions.
Most professional salespeople will tell you that they only discover the customer's true interest as they review the terms of the proposal. They usually have to modify the proposal to reflect the new facts, from the presentation, and return at a later date with the corrected presentation.

One of the secrets of presenting a proposal is to only give the customer a proposal termination date that is shorter than they want. If your proposal is the best they have then they will argue with you about the date.

If the "conditional close" did not work, it may mean you are not competitive. They will disregard the date and this should ring an alarm bell in your mind. Don't be fooled that the sale is "closed."
Proposals are only a tool. They do not sell your lease--- you do.

It is common for customers to pick up suggestions from other presentations and change their minds. If you just send them your proposal thinking that it is only the rate or payment that is the determining factor, you are missing the boat.

Each day the customer is exposed to new ideals and is prone to have a new thought as to what they want. You have to stay on top of these changes if you are to succeed. Many top salesmen believe the sale is closed after the equipment is delivered and accepted, and their commission clears the bank---not when the commitment letter is signed.

Terry is now retired. The above is updated from a prior column.

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

 

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Commitment to Lease or Make Loan Agreements

In small ticket leases, the actual lease payment is often given and calls for the first and last payment as well as the documentation fee. Often a clause contains a "documentation" fee for $495.00 is noted, along with a clause that it is non-refundable if the lease is not approved. Often the wording is different and seems to be buried.  Sometimes it is quite obvious and is spelled out as a processing fee.

This form was developed by Attorney Ken Greene, who is also a longtime advisor to Leasing News. It is aimed at keeping fees for working on an application.

Greene Agreement to Keep Expenses
http://leasingnews.org/PDF/GreeneAgreementExpenses2016.pdf

In larger ticket size leases, a form as this is often used, which specifically charges a fee to process the application:

Charges a Fee Form
http://leasingnews.org/PDF/ChargesFeeForm2016.pdf

Business Loans or "Working Capital" loan commitment letters are explicit.  This is a form most often used by California License Finance Lenders:

Authorization to Find Lender
http://leasingnews.org/PDF/ChargesFeeForm2016.pdf

The dollar size of the lease proposal often dictates the details and length of the commitment letter.

This form is one of the most widely used in the leasing industry for leases $50,000 and above and covers most of the bases. Note: Last sentences about the signatures makes this more a “proposal,” than commitment. If required, these sentences may be removed.

Lease Commitment Agreement
http://leasingnews.org/PDF/LeaseCommittmentAgreement2016.pdf

It is a good idea to have the form you use reviewed by an attorney with equipment leasing experience. This does not mean your college friend who became a lawyer. You wouldn't take your children to an Endodontist to get braces on their teeth, although the practitioner is a "dentist." The same with going to an attorney. You go to a specialist who has experience in the leasing and finance industry.

Some things to consider in your form.

#1: ACH---If you are going to require it or may require it, you should have this spelled out in the agreement. If not in the contract and becomes a requirement of the lease, the proposal is invalid.

#2 Date---It is a good idea to have a time period involved. This can be  based on completion of all the documents and/or lease contracts. The time factor may be important, particularly if the matter goes to small claims court, or a higher court, depending on the money involved.
(Attorneys most likely will have different opinions on this, but it is important to let the applicant know there is a time frame involved in conducting credit or having to re-do credit and even ask for more current financial information, due to the time involved in collecting what you originally required.)

#3 Personal guarantees---of all officers who own 10% or more of a privately held corporation. (This will protect if the final approval comes in with terms and conditions but requires other guarantors who are not named on the application or in the proposal.)

Ken Greene
Law Offices of Kenneth Charles Greene
5743 Corsa Avenue Suite 208
Westlake Village, California 91362
Tel: 818.575.9095
Fax: 805.435.7464
Skype: 424.235.1658
ken@kengreenelaw.com
kenlaw100@gmail.com

 

Site Inspection Services

Asset Appraisals Services	Dover Management Group, Inc.
Bee-Line Corporation	Inspection Services
C. and A. Courier Inspection Services	LeaseInspection.com
C&C Asset management, Inc.	Quiktrak, Inc.
Collateral Specialists Inc.	RTR Services, Inc.
Checkmate Inspections
Douglas Guardian Services Corp.	Railroad Technology Corporation

Full List:
http://www.leasingnews.org/Site_Insp/Default.htm

 

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Key leaders share overview of equipment finance industry
with Ohio business students

Peter K. Bullen
Senior Vice President
Key Equipment Finance

A group of about 25 students at The Ohio State University chapter of Delta Sigma Pi, a national business fraternity, learned about the equipment finance industry and lease accounting changes recently in a guest lecture by Key Equipment Finance's Peter K. Bullen, senior vice president - bank channel, and Chad Owens, vice president.

Utilizing the Guest Lecture Series from the Equipment Leasing & Finance Foundation*, Bullen and Owens provided students with an overview of the $1 trillion equipment finance industry, including the fact that each year, American businesses, nonprofits and government agencies invest more than $1.584 trillion in capital goods and software (excluding real estate).

The key aspect to understand about equipment finance? It is one of the most important ways for businesses to invest in equipment while managing their balance sheets, taxes and cash flow.

Bullen and Owens also provided a description of:

• who uses equipment finance and why;
• small, middle and large-market segments; and,
• the reasons why businesses would want to finance equipment.

They also described Key Equipment Finance’s market profile, noting it is one of the top 5 segment leaders for U.S. bank affiliates, and its business channels, which include the Bank Channel, Key Government Finance, Manufacturer and Vendor Alliances, and Specialty Finance.

Students also learned about the lease accounting changes that take effect in 2019 for public companies and a year later for private firms, including core concepts that remain in place, changes from current guidance, and a breakdown of benefits and considerations of the new rules.

*  Academic Programs
https://www.leasefoundation.org/academic-programs/guest-lecture-program/

 

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Available Housing Determines Home Prices
Federal Housing Finance Agency Home Price Index Report

HSH.com’s "Home price recovery index" uses the Federal Housing Finance Agency's (FHFA) Home Price Index as a basis to determine which housing markets have fully recovered (or more) and which still lag behind the housing recovery. The data presented begins in 1991 and runs through the second quarter of 2017.

The five most recovered and the five that are still the most below “boom-era” price peaks are below.

Most recovered metro areas
Percent above “boom-era“ peak

Denver-Aurora-Lakewood, CO
69.57%

Austin-Round Rock, TX
60.55%

Dallas-Plano-Irving, TX (MSAD)
56.95%

Houston-The Woodlands-Sugar Land, TX
47.84%

San Francisco-Redwood City-South San Francisco, CA (MSAD)
47.49%

Areas with largest recovery gaps
Percent needed to regain peak

Las Vegas – Henderson – Paradise, NV
33.67%

Bakersfield, CA
33.42%

Stockton – Lodi, CA
29.46%

Cape Coral – Fort Myers, FL
28.68%

Fresno, CA
25.35%

To see where your metropolitan area ranks in terms of home price recovery, see the full list of 100 metro areas here: http://www.hsh.com/finance/real-estate/home-price-recovery.html

Whether or not a specific home is now above or is still below the value when it was purchased depends on when it was bought. Readers and viewers interested in seeing how market gyrations have affected their home's value while they've owned it should plug their numbers into HSH.com's "Home Value Estimator" to track gains or losses over that time:
http://www.hsh.com/home-value-estimator.html

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

ECN Capital Closes the Sale of Rail Finance Assets

Executing on strategic plan to harvest legacy businesses
and right-size the Rail Finance vertical

Toronto, Canada – – ECN Capital Corp. (TSX: ECN) (“ECN Capital” or the “Company”),
announced today that it has closed the sale of Rail Finance Assets (Element Rail Leasing II) to an investment vehicle managed by Napier Park Global Capital US LP on the terms previously announced.

Steven Hudson
ECN Capital CEO

 “We are pleased to close on this disposition as it represents continued progress on our strategic plan,” said Steven Hudson, ECN Capital’s Chief Executive Officer.

About ECN Capital Corp.
With total owned and managed assets of more than $4.9 billion, ECN Capital Corp. (TSX: ECN) is one of North America's leading finance companies. ECN Capital operates in four verticals: Home Improvement Finance, Commercial & Vendor Finance, Rail Finance and Aviation Finance.

Chihuahua/Min Pin Mix
San Francisco, CA  Adopt-a-Dog

Monty
Male
Age: Unknown
Housebroken: in progress

“This is Monty! He is a Chihuahua mix, 10 lbs. He is an adult dog & might be part Miniature Pinscher, or other breed(s) & he also has a thick coat. He looks  an Australian Kelpie pup.

“Monty is a sweet, affectionate dog who aims to please!  He is well behaved & social around my small & medium sized dogs. He will be neutered on 9/27, so he wears a belly band indoors & we let him out and/or walk him frequently to discourage marking & accidents. He walks well on leash & is crated for car rides. Monty loves to hang out, especially on a warm lap!

“Monty is unknown around cats & children. Will update his bio after we get to know him better.”

Wonder Dog Rescue
2926 16th Street
San Francisco, CA 94103
415-621-3647
adoption@wonderdogrescue.org

 

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

 

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“Designated Survivor” Season 3 Tonight
By Kit Menkin

Tonight brings back Season Three of “‘Designated Survivor" at 10/9c on ABC, staring Kiefer Sutherland. He has appeared in several top movies such as "A Few Good Men," but perhaps is best known for the hit TV Series "24."

On the night of the State of the Union, an explosion claims the lives of the President and everyone in the line of succession except for low level executive Secretary of Housing and Urban Development Thomas Kirkman, who had been named the designated survivor. Kirkman is immediately sworn in as President, unaware that the attack is just the beginning of what is to come.

There was a falling off in viewership with Season 2, which had fewer twists and appeared more "grounded."  It will be interesting to see if Season 3 picks it up to the pace of when the series started.

Kiefer Sutherland and Dylan Walsh: The Mission

TV Reviews by Kit Menkin
http://www.leasingnews.org/Conscious-Top%20Stories/tv_reviews.htm

News Briefs----

Janet Yellen Says Fed Plans to Keep Raising Rates
    despite the mysterious weakness of inflation
https://www.nytimes.com/2017/09/26/us/politics/janet-yellen-fed-interest-rates-inflation.htm

Deloitte hit by cyber-attack revealing clients’ secret emails
Some emails had attachments with sensitive security/design details
https://www.theguardian.com/business/2017/sep/25/deloitte-hit-by-cyber-attack-revealing-clients-secret-emails

10 Of The Best Bank Deals Available Today  
  By Rob Berger, Forbes
https://www.forbes.com/sites/robertberger/2017/09/25/10-of-the-best-bank-deals-available-today/#1781e6c55d51

The Most Powerful Women in Banking
  American Banker
https://www.americanbanker.com/women-in-banking

 

Equipment Leasing Account Executive What sets CoreTech apart from other equipment leasing companies is our team members and impeccable reputation. Are you unhappy with the ethics of your company and the promises made to you? Come to Newport Beach and join us. To learn more, please click here www.coretechleasing.com CoreTech specializes in medium to  large size companies and firms Over 100 law firms trust CoreTech for their leasing needs, why wouldn't you?

 

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You May Have Missed---

How much you have to earn to be considered rich in every state
http://www.sfgate.com/technology/businessinsider/article/How-much-you-have-to-earn-to-be-considered-rich-12202834.php

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Baseball Poem

Linear History

He comes at the pitch
Like a lion with red mane,
On a line
You could diagram,
With his back foot
The stationary leg of a compass,
He sweeps through
With the full power
Of the perfect circle,
Sending the spheres
Into an orbit of flashes.
They line up
Just to see him practice,
Lines of articles
Intersect with reality
Sometime in September.
In another sixty years
The grass will go brown
On his grave.

Written by Tim Peeler,
"Touching all the Bases"
poems from Baseball
Published by McFarland & Company

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Sports Briefs----

Two Adidas officials charged in basketball corruption case
http://www.oregonlive.com/business/index.ssf/2017/09/adidas_nike_officials_charged.html

NFL Standings
https://www.usatoday.com/sports/nfl/rankings/

NFL ratings down 11% compared to 2016
http://www.nydailynews.com/sports/football/nfl-television-ratings-11-percent-compared-2016-article-1.3523197

Raiders ‘likely’ to play in Oakland through 2020,
   Coliseum official says
http://www.sfchronicle.com/bayarea/article/Raiders-likely-to-play-in-Oakland-through-12227786.php

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California Nuts Briefs---

SF first city to sue Equifax credit agency over massive data breach
http://www.sfgate.com/bayarea/article/SF-first-city-to-sue-Equifax-credit-agency-over-12230127.php

Sacramento’s economic growth was twice
   the national average last year. Here’s why
http://www.sacbee.com/news/business/article175311206.html?#emlnl=Afternoon_Newsletter

 

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“Gimme that Wine”

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

After Hectic Start, Napa Winemakers Now Wait to Harvest
https://www.winesandvines.com/news/article/189986/After-Hectic-Start-Napa-Winemakers-Now-Wait-to-Harvest

Beaujolais Largest Estate Sold for the First Time in 300 Years
https://www.thedrinksbusiness.com/2017/09/beaujolais-largest-estate-sold-for-first-time-in-300-years/

The Amazon Wine Store May Need To Shut Down — Or Change
https://fermentationwineblog.com/2017/09/amazon-wine-store-may-need-shut-change/

Fifth Annual Merlot Month Celebrates Noble Grape this October
https://www.winebusiness.com/news/?go=getArticle&dataid=189923

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

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

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

This Day in History

     1514 - The Spanish crown granted explorer Juan Ponce de Leon the title Military Governor of Bimini (an island in the Bahamas) and Florida. With this title and the implied permission it contained to colonize those regions, Ponce de Leon sailed for Florida in 1521.
(Lower half of: http://memory.loc.gov/ammem/today/sep27.html )
    1722 - Birthday of Samuel Adams (d. 1803), Boston.  Revolutionary War leader and Massachusetts state politician, cousin to President John Adams. As a delegate to the First and Second Continental Congresses, Adams urged a vigorous stand against England. He signed the Declaration of Independence and the Articles of Confederation and supported the war for independence. Adams served as lieutenant governor of Massachusetts under John Hancock from 1789 to 1793 and then as governor until 1797.
    1777 – British Gen. Howe occupied Philadelphia after defeating Gen. Washington in the Battle of Germantown.
    1784 - The Protestant Episcopal Church in the U.S. was founded, following the American Revolutionary War, when U.S. Anglicans met in Philadelphia to create a denomination independent from and autonomous of the Church of England. “When the war broke out and independence was declared, a number of the clergy went back to England, leaving their parishes vacant, but many, especially in the southern states, remained and upheld the American cause. A large majority of the laymen were patriots.” Two-thirds of the signers of the Declaration of Independence were Episcopalians. The churches, having their support largely withdrawn by the Venerable Society, became very weak. In Massachusetts during the war only two churches were kept open.
http://34.1911encyclopedia.org/P/PR/PROTESTANT_EPISCOPAL_CHURCH.htm
    1809 - Birthday of Raphael Semmes (d. 1877), born at St. Charles County, MD. Daring Confederate naval officer, best known for his incredible raids on Union merchant ships during the middle two years of the Civil War. As commander of the “Alabama,” he captured, sank or burned 82 Union ships valued at more than $6,000,000 at the time.
http://www.archives.state.al.us/famous/r_semmes.html 
http://www.newadvent.org/cathen/13712b.htm 
http://www.uapress.ua.edu/authors/spencer.html 
http://www.tamu.edu/upress/books/1998/tucker.htm 
http://www.history.navy.mil/photos/images/h57000/h57256.jpg 
http://www.history.navy.mil/photos/sh-us-cs/csa-sh/csash-ag/alabama.htm 
http://www.nextag.com/Raphael_Semmes_and_the~3767072z2znzzz1zmainz2-htm?nxtg=
1a4f3b_D6BF3A9547FB4324&product=20646000 
http://www.history.navy.mil/photos/events/civilwar/cw-cru/kear-ala.htm 
http://www.history.navy.mil/photos/images/h42000/h42383.jpg 
http://www.history.navy.mil/photos/pers-us/uspers-s/r-semmes.htm
    1816 - A black frost over most of New England kills unripe corn in the north, resulting in a year of famine.
    1840  - Thomas Nast (d. 1902) birthday at Landau, Germany.  American political cartoonist best known for his cartoons attacking New York's Tweed ring.
    1840 - Rear Admiral (Ret.) Alfred Thayer Mahan, America's foremost naval strategist and the world's greatest authority on sea power, was born at West Point, NY.  His father was D. H. Mahan, an eminent Professor of Engineering at the United States Military Academy.  The Navy Department issued this tribute (excerpted) upon his death in 1914:  "Admiral Mahan became famous as an author and historian in the early nineties, when his books…were published…These books were classics…and were widely read throughout the world… In England and Germany…they received the highest commendation, and in every country possessing a navy, they became veritable text books in naval strategy… His death will cause international regret not only because of the high esteem in which he is held in every country of the world interested in naval affairs, but also because of the fact that his death leaves a void among naval and political authorities of the world that no author and writer can fill."   
    1863 - General Jo Shelby's Calvary in action at Moffat's Station, Arkansas.  In the fall of 1863, Shelby led his "Iron Brigade" of Missouri volunteers on what was, at the time, the longest cavalry raid of the war, Shelby’s Raid. Between September 22 and November 3, 1863, Shelby's brigade traveled 1,500 miles through Missouri, inflicting over 1,000 casualties on Union forces and capturing or destroying an estimated $2 million worth of federal supplies and property. He was promoted to brigadier general on December 15, 1863, following the successful conclusion of his raid.
http://www.civilwarstlouis.com/History/shelby.htm
http://www.missouridivision-scv.org/camp191.htm
http://www.civilwarhome.com/shelbybio.htm
http://www.amazon.com/exec/obidos/ASIN/0807848786/
ref=ase_avsearch-bkasin-20/104-5278168-8037550 
http://www.tamu.edu/upress/BOOKS/1995/davis.htm
    1864 - A guerilla band led by William "Bloody Bill" Anderson sacks the town of Centralia, Missouri, killing 22 unarmed Union soldiers before massacring 120 pursuing Yankees. The Civil War in Missouri and Kansas was rarely fought between regular armies in the field. It was carried out primarily by partisan bands of guerilla fighters, and the atrocities were nearly unmatched. In 1863, Confederate marauders sacked Lawrence, Kansas, and killed 250 residents. 
    1904 - Birthday of Frieda Barkin Hennock (d. 1960), Kovel, then in the Russian Empire, now in Ukraine.  She is credited as the most responsible for the creation of Public television. An attorney, she was the first woman appointed to the Federal Communications Commission (1948-55). She campaigned hard to get TV channels set aside for educational purposes while the men of the commission thought it nonsense. She wanted a minimum of 500 TV channels set aside for educational purposes and finally got the FCC commissioners to set aside 242, the birth of the PBS network.
    1912 – W.C. Handy publishes “Memphis Blues.” Although others believe it to be the first blues song published, it was not. It was the first blues Handy ever wrote. Many consider it to be the first blues song in history, although due to Handy's problems finding a publisher, it was preceded in print by “Baby Seals Blues” by Artie Matthews, in August, 1912, and “The Dallas Blues” by Hart A. Wand in September of the same year. Handy's song had been released as an instrumental in 1910.
http://www.jass.com/Others/wchandy.html 
http://www.alamhof.org/handywc.htm 
http://www.blueflamecafe.com/WC_Handy.html
(This is one of my favorite albums of all time:
“Louis Armstrong plays W.C. Handy “
http://www.satchography.com/sessions5/s540712.html 
http://www.jazzbymail.com/albums_rw/rwpops.html
(Whenever I am in San Antonio, Texas, I close this place down and am one of the last to leave. As soon as the conference allows, here I am at the Jim Cullum's Landing:
(http://www.landing.com/)
    1916 – The first Native American Day was celebrated, honoring American Indians, when New York’s governor set the second Saturday in May for the observance.  In many parts of the U.S., Native American Day is celebrated on the fourth Friday in September. Although not a national holiday, Native American Day is a time set aside by individual states to honor, recognize, and appreciate the rich cultural heritage and significant contributions of the indigenous people in their respective states.
    1918 - Battle of Cambrai—Saint Quentin. British General Sir Douglas Haig moved his armies toward Cambrai and St. Quentin as part of four major efforts to break the Hindenburg line in the German salient that extended from Verdun to the sea. To the south, the New Zealand and Canadian divisions smashed through the Hindenburg line on Oct 6. German General Erich Ludendorff resigned Oct 16, and the line was taken between Oct 18 and 20.
    1918 - TURNER, WILLIAM B., Medal of Honor
Rank and organization: First Lieutenant, U.S. Army 105th Infantry, 27th Division. Place and date: Near Ronssoy, France, 27 September 1918. Entered service at: Garden City, N.Y. Birth: Boston, Mass. G.O. No.: 81, W.D., 1919. Citation: He led a small group of men to the attack, under terrific artillery and machinegun fire, after they had become separated from the rest of the company in the darkness. Single-handed he rushed an enemy machinegun which had suddenly opened fire on his group and killed the crew with his pistol. He then pressed forward to another machinegun post 25 yards away and had killed 1 gunner himself by the time the remainder of his detachment arrived and put the gun out of action. With the utmost bravery he continued to lead his men over 3 lines of hostile trenches, cleaning up each one as they advanced, regardless of the fact that he had been wounded 3 times, and killed several of the enemy in hand-to-hand encounters. After his pistol ammunition was exhausted, this gallant officer seized the rifle of a dead soldier, bayoneted several members of a machinegun crew, and shot the other. Upon reaching the fourth-line trench, which was his objective, 1st Lt. Turner captured it with the 9 men remaining in his group and resisted a hostile counterattack until he was finally surrounded and killed. 
    1919 – Babe Ruth hit his record 29TH home run of the season, his first in Washington.  He thus became the first Major Leaguer to hit one in every park in the league in one season.
    1920 - Birthday of William Conrad (d. 1994) at Louisville, KY.  Actor, best known for his roles in the TV series “Cannon” and “Jake and the Fat Man.” He also was the voice of Matt Dillion, “Gunsmoke” on radio for eleven years,, narrated “Rocky and Bullwinkle,” was outstanding in the movie “The Killers.” Also was a television director for such shows as “Gunsmoke,” “Naked City” and “Route 66.”
    1921 - Birthday of famed comedian Melvin “Slappy” White (d. 1995), Baltimore, MD
http://www.bestbuy.com/movies/Artist.asp?cid=26637&m=270 
http://shopping.yahoo.com/shop?d=d&cf=artistpage&castinfo=2&id=1800358169 
http://us.imdb.com/Name?White,+Slappy
    1922 - Birthday of writer Nat Shapiro (d. 1983), New York City, NY
http://shopping.yahoo.com/shop?d=product&id=1927180701&clink=dmmu.artist&a=b 
http://www.amazon.com/exec/obidos/search-handle-url/index=books&field-author=
Shapiro%2C%20Nat/104-5278168-8037550
    1923 - Lou Gehrig of the New York Yankees hit the first home run of his career against pitcher Bill Piercy of the Boston Red Sox. On the same date fifteen years later, he hit his 493d and last home run against Dutch Leonard of the Washington Senators.
    1924 - Birthday of bop pianist/composer Bud Powell (d. 1996), Harlem, NYC.
http://www.budpowellrecordings.com/
http://www.musicweb.uk.net/jazz/2002/Aug02/Powell_Lausanne.htm
    1925 - In a doubleheader split with the Boston Braves in St. Louis, Cards’ player-manager, Rogers Hornsby, hit his 38th and 39th home runs of the year, along with a single, double, and triple to push his average to .403. In batting practice the next day, Hornsby fouled a ball off his foot splitting his toenail, forcing him out of the lineup for the remainder of the season. The Rajah called reporters into the clubhouse to view his bloody toe, "because some of those in the East may say I'm stallin' because I want to save my .400 average." Hornsby is the only player-manager to win the Triple Crown, which he did by topping .400 for the 3rd time in four years, while his 39 home runs and 143 RBI are National league records. His .756 slugging average was the NL record until topped by Barry Bonds in 2001.
    1927 - Birthday of trumpet player Red Rodney, born Robert Roland Chudnick (d. 1994), Philadelphia, PA
http://www.musicweb.uk.net/encyclopaedia/r/R117.HTM 
http://www.downbeat.com/default.asp?sect=stories&subsect=story_detail&sid=539
    1928 - For a remarkable 2nd time in five weeks, Lefty Grove struck out three batters on nine pitches. Not until Jim Bunning in 1959, did another American League hurler strike out the side on nine pitches.
    1930 - Hack Wilson of the Chicago Cubs hit two home runs, giving him 56 for the year.
    1931 – Lou Gehrig homered to tie Babe Ruth at 46. Gehrig drove in two runs as he (184) and Ruth (163) combine to drive in 347 runs for the year, the most productive duo in history. Bill Dickey had four hits and ended the year with no passed balls, the only American League catcher to do so, while the Yankees are the only AL team to ever accomplish the feat.
    1931 - The most hotly contested battle for individual honors took place in the race for the National League batting title.  Chick Hafey went into the final doubleheader with the Reds batting .353, four points over Bill Terry. Hafey had only two hits in eight times at bat to drop to .349. Terry got only one hit in four times at bat. The title went to Hafey, .3488 to Terry's .3486. Jim Bottomley, Hafey's teammate, finished at .3481.
    1936 – Denver, CO had 21.3 inches in a 60-hour storm
    1938 - Clarinet virtuoso Artie Shaw recorded the song that would become his theme song. “Nightmare” was waxed on the Bluebird Jazz label.
    1938 - "Thanks for the Memory" was heard for the first time on "The Bob Hope Show" -- on the NBC Red radio network. His first band leader was Skinnay Ennis.
    1939 - Birthday of Kathrynne Ann (Kathy) Whitworth, famed golfer, born Monahans, TX. One of the top golfers of all times, she was the all-time leading money winner on the woman's pro golf circuit when she retired after a 30-years career. She was the first to win more than $1 million in a year. She served as president of the Ladies Professional Golf Association. She won the LPGA player of the year title seven times. Whitworth was inducted into the LPGA Hall of Fame in 1975, the World Golf Hall of Fame and the Texas Sports Hall of Fame in 1982, and the International Women s Sports Hall of Fame in 1984. http://memory.loc.gov/ammem/today/sep27.html
    1939 - 140,000 Polish troops are taken prisoner by the German invaders as Warsaw surrenders to the superior mechanized forces of Hitler's army. The Poles fought bravely, but were able to hold on for only 26 days. On the heels of its victory, the Germans began a systematic program of terror, murder, and cruelty, executing members of Poland's middle and upper classes: Doctors, teachers, priests, landowners, and businessmen were rounded up and killed. The Nazis had given this operation the benign-sounding name "Extraordinary Pacification Action." The Roman Catholic Church, too, was targeted, because it was a possible source of dissent and counterinsurgency. In one west Poland church diocese alone, 214 priests were shot. And hundreds of thousands more Poles were driven from their homes and relocated east, as Germans settled in the vacated areas. This was all part of a Hitler master plan. Back in August, Hitler warned his own officers that he was preparing Poland for that "which would not be to the taste of German generals"--including the rounding up of Polish Jews into ghettos, a prelude to their liquidation. All roads were pointing to Auschwitz.
    1939 – Major League Baseball’s first day-night doubleheader saw the host Chicago White Sox swept by the Cleveland Indians, 5-2 and 7-5.
    1942 - What was greatly instrumental in World War II was such events like this. The first ship completed in less than two weeks was the “Joseph H. Teal,” built by Henry John Kaiser's Oregon Shipbuilding Corporation at Portland, OR. It made a trial run on September 27, 1942, and was turned over to the Maritime Commission 13 days, 23.5 hours after the laying of the keel. The previous record had been 29 days. Speedy construction of ships was essential to American efforts in World War II
    1942 - Just after leaving CBS radio, Glenn Miller led his civilian band for the last time at the Central Theatre in beautiful Passaic, NJ. Miller had volunteered for wartime duty.
    1942 - MUNRO, DOUGLAS ALBERT, Medal of Honor
Rank and organization: Signalman First Class, U.S. Coast Guard Born: 11 October 1919, Vancouver, British Columbia. Accredited to Washington. Citation: For extraordinary heroism and conspicuous gallantry m action above and beyond the call of duty as Petty Officer in Charge of a group of 24 Higgins boats, engaged in the evacuation of a battalion of marines trapped by enemy Japanese forces at Point Cruz Guadalcanal, on 27 September 1942. After making preliminary plans for the evacuation of nearly 500 beleaguered marines, Munro, under constant strafing by enemy machineguns on the island, and at great risk of his life, daringly led 5 of his small craft toward the shore. As he closed the beach, he signaled the others to land, and then in order to draw the enemy's fire and protect the heavily loaded boats, he valiantly placed his craft with its 2 small guns as a shield between the beachhead and the Japanese. When the perilous task of evacuation was nearly completed, Munro was instantly killed by enemy fire, but his crew, 2 of whom were wounded, carried on until the last boat had loaded and cleared the beach. By his outstanding leadership, expert planning, and dauntless devotion to duty, he and his courageous comrades undoubtedly saved the lives of many who otherwise would have perished. He gallantly gave his life for his country. 
    1945 - FIELDS, JAMES H., Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, 10th Armored Infantry, 4th Armored Division. Place and date: Rechicourt, France, 27 September 1944. Entered service at: Houston, Tex. Birth: Caddo, Tex. G.O. No.: 13, 27 February 1945. Citation: For conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty, at Rechicourt, France. On 27 September 1944, during a sharp action with the enemy infantry and tank forces, 1st Lt. Fields personally led his platoon in a counterattack on the enemy position. Although his platoon had been seriously depleted, the zeal and fervor of his leadership was such as to inspire his small force to accomplish their mission in the face of overwhelming enemy opposition. Seeing that 1 of the men had been wounded, he left his slit trench and with complete disregard for his personal safety attended the wounded man and administered first aid. While returning to his slit trench he was seriously wounded by a shell burst, the fragments of which cut through his face and head, tearing his teeth, gums, and nasal passage. Although rendered speechless by his wounds, 1st Lt. Fields refused to be evacuated and continued to lead his platoon by the use of hand signals. On 1 occasion, when 2 enemy machineguns had a portion of his unit under deadly crossfire, he left his hole, wounded as he was, ran to a light machinegun, whose crew had been knocked out, picked up the gun, and fired it from his hip with such deadly accuracy that both the enemy gun positions were silenced. His action so impressed his men that they found new courage to take up the fire fight, increasing their firepower, and exposing themselves more than ever to harass the enemy with additional bazooka and machinegun fire. Only when his objective had been taken and the enemy scattered did 1st Lt. Fields consent to be evacuated to the battalion command post. At this point he refused to move further back until he had explained to his battalion commander by drawing on paper the position of his men and the disposition of the enemy forces. The dauntless and gallant heroism displayed by 1st Lt. Fields were largely responsible for the repulse of the enemy forces and contributed in a large measure to the successful capture of his battalion objective during this action. His eagerness and determination to close with the enemy and to destroy him was an inspiration to the entire command, and are in the highest traditions of the U.S. Armed Forces. 
    1947 - Jazz at the Philharmonic, Carnegie Hall, New York City, records “Perdido,” starting series of live jazz record performances.
    1952 - "I Went to Your Wedding" by Patti Page topped the charts and stayed there for 10 weeks
    1953 - Top Hits 
“No Other Love” - Perry Como 
“Vaya Con Dios” - Les Paul & Mary Ford 
“Crying in the Chapel” - June Valli 
“A Dear John Letter” - Jean Shepard & Ferlin Huskey
    1954 - "The Tonight Show" premieres on the NBC network. Prior to this, it was a New York-only late night show with many hosts ranging from early vaudeville comedians to Ernie Kovacs. Steve Allen hosted the late-night program which began as a local New York show on WNBT-TV in June, 1953. “Tonight” became a launching pad for Steve and hundreds of guests, including Steve Lawrence and Eydie Gorme. Skitch Henderson and orchestra provided the music. Ernie Kovacs was the host from 1956 until 1957. Steve Allen served as host from 1954-57. He followed the format of an opening monologue, games or segments from the studio audience, played his piano, and then did interviews behind a simple desk and couch set. Jack Paar hosted from 1957-62 and many a night I did not go to bed until after it was over, including when Johnny Carson reigned as the king of comedy from 1962-92, quite a long run. Comedian Jay Leno, twice around Conan O’Brien, has been followed by current host Jimmy Fallon.
    1958 - Hurricane Helene passed just off the North Carolina coast. Wilmington had a wind gust of 135 mph. and recorded 8.9 inches of rain. Cape Fear was battered by sustained winds of 125 mph with gusts to 155 mph. The eye remained 20 miles offshore and thus tides were not excessive. Total damage was 11 million.
    1961 - Top Hits 
“Take Good Care of My Baby” - Bobby Vee 
“The Mountain's High” - Dick & DeeDee 
“Crying” - Roy Orbison 
“Walk on By” - Leroy Van Dyke
    1961 – Sandy Koufax fanned seven Phillies to set a NL record for strikeouts in a season: 269. This surpassed Christy Mathewson’s 267, which was accomplished in 367 innings pitched, as opposed to Koufax's remarkable 255. After years of wildness and ineffectiveness, this is Koufax’s first of dominance that will take him through the 1966 season and into the Hall of Fame.
    1962 - After a concert that featured folk music at Carnegie Hall, The New York Times gave a glowing review in a story about "Bob Dylan: A Distinctive Folk Song Stylist."
    1963 - No. 1 Billboard Pop Hit: "Blue Velvet," Bobby Vinton. The song comes from a Vinton album in which all the songs have the word "blue" in their titles.
    1964 - The Warren Commission issued a report stating that Lee Harvey Oswald acted alone in the assassination of President John F. Kennedy on Nov 22,1963. Congress reopened the investigation and, in 1979, the House Select Committee on Assassinations issued a report stating a conspiracy was most likely involved. The Warren Report stated there was no conspiracy, either domestic or international, in the assassination, and that Lee Harvey Oswald alone was responsible for it. The report found also that Jack Ruby, convicted murderer of Oswald, had had no prior contact with Oswald.
    1964 - California surf-rock band, The Beach Boys, make their first appearance on the Ed Sullivan Show singing "I Get Around.”
    1966 - In San Francisco, the Four Tops with Johnny Talbot and De Thanks opened at Fillmore Auditorium.
    1969 - Santana's self-titled debut album enters the LP chart. The double-platinum album contains the top-10 hit, "Evil Ways."
    1969 - CCR's "Green River" peaks at #2 on the singles chart.
    1970 - “Round and round and round it goes and where it stops, nobody knows.” Ted Mack said, “Good night from Geritol” for the last time. After 22 years on television, the curtain closed on "The Original Amateur Hour" on CBS. The show had been on ABC, NBC, CBS and originated on the Dumont Television Network.
    1970 - Afternoon highs of 103 degrees at Long Beach, CA, and 105 degrees at the Los Angeles Civic Center were the hottest since September records were established in 1963. Fierce Santa Ana winds accompanying the extreme heat resulted in destructive fires.
    1973 - No. 1 Billboard Pop Hit: "We're an American Band," Grand Funk. The single is pressed on gold-colored vinyl.
    1975 - "I'm Sorry" by John Denver topped the charts and stayed there for a week.
    1977 - Top Hits 
“Best of My Love” - Emotions 
“Don't Stop” - Fleetwood Mac 
“Keep It Comin' Love” - KC & The Sunshine Band 
“I've Already Loved You in My Mind” - Conway Twitty
    1979 - Blondie release "Eat To The Beat." The LP contains the single "Dreaming."
    1980 - Paul Simon's "Late in the Evening" peaks at #6 on the pop chart.
    1980 - David Bowie's "Scary Monsters and Super Creeps" peaks at #12 on the LP chart.
    1984 - No. 1 Billboard Pop Hit: "Let's Go Crazy," Prince & the Revolution. The song is the second No. 1 hit from Prince's film "Purple Rain."
    1985 - Hurricane Gloria passed over the Hatteras Weather Service office on the outer banks. Gloria then raced north-northeastward and made landfall near Fire Island and then crossed Connecticut coastline very close to Bridgeport, CT. Winds gusted to 115 mph on Long Island, 109 at Chatham, MA and 100 mph at the Blue Hill Observatory in Milton, MA. 8 fatalities occurred and total damage was around $1 billion. Many people in Connecticut were without power for up to 2 weeks.
    1985 - A record early season snowstorm struck the central high plains with up to 19 inches of snow along the Colorado Front Range and as much as a foot of snow in the plains. Denver had a morning low on the 28th of 17, the lowest ever for September. Grand Island, NE had 2 inches of snow on the 28th, the earliest ever on record a record early season snowstorm struck the central high plains with up to 19 inches of snow along the Colorado Front Range and as much as a foot of snow in the plains. Denver had a morning low on the 28th of 17, the lowest ever for September. Grand Island, NE had 2 inches of snow on the 28th, the earliest ever on record
    1986 - Lionel Richie's "Dancing on the Ceiling" was the #1 U.S. LP. The tracks: "Dancing on the Ceiling", "Se La", "Ballerina Girl", "Don't Stop", "Deep River Woman", "Love Will Conquer All", "Tonight Will Be Alright", "Say You, Say Me" and "Night Train (Smooth Alligator)". "Dancing on the Ceiling" was the number one album for two weeks.
    1986 - The Beatles' "Twist and Shout" re-enters the pop singles chart after being heard in the films "Ferris Bueller's Day Off" and "Back To School."
    1986 - "Walk This Way" by Run-D.M.C. and Aerosmith peaks at #4 on the singles chart.
    1989 - Freezing temperatures were reported in the Great Lakes Region and the Ohio Valley. Houghton Lake, MI reported a record low of 21 degrees. Thunderstorms in the western U.S. produced wind gusts to 50 mph at Salt Lake City, UT, and gusts to 58 mph at Cody, WY.
    1996 - Barry Bonds of the San Francisco Giants stole his 40th base of the year in a game against the Colorado Rockies to become only the second player in Major League history to hit 40 home runs and steal 40 bases in the same season. Jose Canseco, the original member of the 40-40 club, achieved the feat in 1988. Bonds finished the year with 42 home runs and 40 steals.
    1999 - Tiger Stadium closed after 87 years as home of baseball's Detroit Tigers.  The Tigers are the longest-surviving of the original American League teams from 1901 that has not moved from its charter city.
    2000 - The United States Olympic team, managed by former Dodger skipper Tommy Lasorda, stuns the world beating the much-favored Cuban team to win the country's first gold medal in its national pastime. Ben Sheets ends Cuba's 21-game Olympic winning streak with 4-0 shutout.
    2003 - Cubs' slugger Sammy Sosa blasts his 40th home run to establish a National League record by reaching the plateau for the sixth consecutive season. The Chicago right fielder, who had previously been tied with Ralph Kiner and Duke Snider, needs another season of at least 40 homers to equal Babe Ruth's Major League mark of seven seasons set from 1926 to 1932.
    2012 - Curiosity, the Mars rover, discovered what could be determined as direct evidence of a fast-moving stream bed, a prior water source, on Mars.