Kit Menkin’s Leasing News   Monday, September 30, 2002

Accurate, fair and unbiased news for the equipment Leasing Industry

Friday’s Leasing News posted  at 10:45am PDT


    e-Mail Removal Form:  \


Pictures from the Past


Rex L.Swauger, VP-Portfolio Manager with National City Bank-Kentucky, based in Louisville. 

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This Week's Economic Events


September 30 MONDAY

Personal Income: August


October 1 TUESDAY

Construction Spending: August





October 3 THURSDAY

Factory Orders: August

Weekly Jobless Claims

UAEL San Diego Conference


October 4 FRIDAY

Unemployment: September

UAEL San Diego Conference







West Coast ports to remain shut until tentative bargain reached

   Equipment Leasing Association S.F. Conference Over 1,000 registered

     CapitalStream Makes the List #29-419% Growth

      Gary Millhollon has left First Capital Group

        Nigerian Letter looking to lease 1000 Laptops for the Ministry

          DVI Reports  $7.3 Million Fourth Quarter loss

            Tyco official built 2d house with $5m in loans from firm

             Ex-Tyco Officials Avoid Jail After Bail Hearing

               Raymond Leasing chooses CapitalStream's FinanceCenter

                 Financial Leaders Promise Action

                   Streamlined Sales Tax Project Report

                       by Dennis Brown, Equipment Leasing Association

            Bombardier Announces Measures to Face Current Environment

              Plunging revenues dangle states over a deficit ditch

                 Top Ten TV Shows September 16-22



#### Denotes Press Release



West Coast ports to remain shut until tentative bargain reached


(Leasing News has followed this story, while others said the strike would

not happen, but you could see from the talks this may lead to federal intervention

by President Bush, an increase of trucking traffic, and delays in manufacturing

and equipment for businesses produced overseas.)



JUSTIN PRITCHARD, Associated Press Writer




A labor dispute has closed all West Coast ports indefinitely, halting the flow of billions of dollars worth of cargo destined for holiday shopping shelves.


The association representing shipping lines said Sunday evening it would not order any new workers to the docks at 29 major Pacific ports until the longshoremen's union agrees to sign and extend a lapsed contract.


The labor crisis will ripple through the U.S. economy: Ports that handle about $1 billion worth of cargo each day have fallen silent at the peak of the Christmas import season as exporters struggle against a flat economy.


Pacific Maritime Association president Joseph Miniace called the decision a "defensive shutdown." It came less than 12 hours after longshoremen returned to the docks when shipping lines lifted a 36-hour lockout they imposed Friday soon after contract negotiations fell apart.


"I will not pay workers to strike," Miniace added.


Both sides have agreed to meet Monday afternoon in San Francisco.


Officials with the International Longshore and Warehouse Union, which represents 10,500 dock workers, blamed shipping lines for the meltdown.


"This union is ready to go to work," Jim Spinoza, union president and chief negotiator, said Sunday in Los Angeles, where a handful of longshoremen picketed at the port.


While the White House and Department of Labor did not offer immediate comment, on Sunday night, the head federal mediator asked both sides to come to Washington, D.C., for talks Thursday. Association officials accepted the meeting date, but union officials did not immediately respond.


The Federal Mediation and Conciliation Service's director was in the San Francisco Bay area over the weekend to talk with both sides.


The White House press office referred to spokesman Ari Fleischer's remarks that federal mediators would be made available. "We urge the parties to resolve the dispute," Fleischer said Saturday.


The union has accused the Bush administration of meddling in talks, which began in May and showed some signs of progress before deteriorating. Over the Labor Day weekend, the union stopped approving rolling extensions of the contract, which expired July 1.


Association officials accused the union of deliberately disrupting work Sunday by understaffing operations and dispatching workers who weren't skilled at the jobs they reported for.


"It's like a plumber showing up to roof your house," said Bill Niland, a manager for the association's San Francisco area.


The association said as a result, productivity had "fallen off the cliff" and chaos was the rule in ports from San Diego to Seattle.


The union had told its members to strictly obey all health and safety codes -- a move union officials recognized would slow work but was proper and necessary because the association was bargaining in bad faith.


West Coast ports handled more than $300 billion in cargo over the past year. Over the weekend, about 30 ships had to moor outside berths at ports in Los Angeles, Oakland and Seattle and Tacoma, Wash., the association said. Another 70 vessels weren't loaded or unloaded.


That meant hundreds of millions of dollars worth of Pacific Rim trade wasn't entering the domestic distribution chain.


If the disruption lasts, the effects will mushroom, economists have warned. Retailers would not have goods to sell at advertised fall promotions. Exporters fear produce will rot. Assembly lines may stop production as ordered parts fail to arrive.


Talks finally crumbled last week over the question of how to implement new technology on the waterfront.


Longshoremen said they can accept short-term job losses from increased efficiency, but the union wanted guarantees that positions created by computer tracking systems would be union-covered.


Shipping lines countered that trade increases will more than offset job losses, but the union shouldn't have jurisdiction over every new job that new technology produces.


Meanwhile, on Sunday, the San Francisco union chapter -- historically one of the most militant -- told workers who normally report to the same shipping terminal each day to instead begin at a dispatch hall, where a lottery determines assignments. Experienced crane operators, for example, ended up choosing other jobs and left less experienced co- workers to operate the cranes.


At Maersk terminal in Oakland, no operators took jobs on three cranes to load the last few containers on a ship that was otherwise ready to steam out.


"They wanted us to come back like we were going to be good little puppy dogs," Richard Mead, union local president, said Sunday morning. "It doesn't work like that on the waterfront."


By Sunday afternoon, four Oakland police cruisers blocked the gate of the terminal next door, as a gathering of longshoremen who said they had been expelled from their jobs around 2 p.m. picketed peacefully.




On the Net:




Equipment Leasing Association S.F. Conference Over 1,000 registered


“Right now we have over 1,000 people registered, which includes 970 Leasing Execs and 115 spouses. We are still receiving registrations, so we will probably end up with almost 1200 people.”  Sally


Sally Maloney




ELA 41st Annual Convention  October 13-15 (Sunday-Columbus Day-Tuesday)

San Francisco, California   San Francisco Marriott



"For the cost of a couple of on-site business calls, we can communicate face-to-face with virtually everyone whom we consider a customer or prospect." So says Richard Dunbar, EVP, Pullman Bank & Trust Company, of why he attends the ELA Convention. He should know. He's missed only one ELA Annual Convention since 1982! His attention has paid off big time, both in terms of cementing existing relationships and qualifying new prospects.


The ELA Annual Convention, scheduled October 13-15, 2002 at the Marriott Hotel in San Francisco, California, is the most important annual event that offers you the chance to spend time with so many key equipment leasing and finance decision makers, keep current on industry issues, learn about new opportunities and enjoy yourself!


The ELA Annual Convention is the "first alert" for: Who's doing what in the marketplace? Where are the opportunities? Is business picking up?


Perhaps Darrell Harmon, President, Alliance Capital Resources, Inc. says it best: "I've attended every Annual Convention for as long as I can remember, and I always come away with a broader understanding of the issues facing the industry and a renewed excitement about the opportunities that still exist in the leasing business."


If both Darrell and Richard-key decision makers for their respective companies-feel they need to be at the ELA Annual Convention....shouldn't you be there as well?


For more information on the Annual Convention, and to register on-line, go to: Remember you can also make your hotel reservation at the Marriott online at the same time!


Attendees who register by October 3 will be included in the final convention roster, the unofficial "Who's Who" of the leasing industry. We urge you to register today.


See you in San Francisco!


Mike Fleming

President, ELA



CapitalStream Makes the List #29—419% Growth


Deloitte & Touche Announces Ranking of Fastest Growing Technology Companies -- Top finalist experiences revenue gains of up to 180,450%


    SEATTLE--- Deloitte & Touche announced  its rankings of the 2002 Washington State Technology Fast 50 winners.

    The Fast 50 is a ranking of the 50 fastest growing technology companies in Washington State. The Fast 50 and Rising Star winners were honored at an awards celebration at Seahawks Stadium.

    During the award ceremony, Larry Hile, Deloitte & Touche Technology, Media, and Telecommunications Partner told the winners, "Tonight, we celebrate success. Your success. And the positive influence each of you and your companies have made on the many Washington communities represented here tonight. Your company has risen above the masses and has achieved growth well above average of your peer group."

    The Fast 50 and Rising Star winners were selected based on revenue growth for technology companies throughout Washington State meeting the Fast 50 criteria. Listed below is the name of the company, its ranking, and the percentage of revenue growth over the five or three year period.

    The Technology Fast 50 company ranking for 2002 is as follows:




 1  Cray Inc.                                 180,450%

 2  ImageX,  Inc.                              64,807%

 3  F5 Networks, Inc.                          46,785%

 4  InterNAP Network                           11,135%

 5  InfoSpace, Inc.                             9,510%

 6  Expedia, Inc.                               8,004%

 7  Pacific Edge Software                       7,134%

 8  Consumerware, Inc.                          5,638%

 9  Epoch Biosciences, Inc.                     3,901%

10  The Cobalt Group                            2,846%

11  Outcome Concept Systems, Inc.               2,841%

12  Eden Bioscience Corporation                 1,810%

13  Envision Telephony, Inc.                    1,693%

14  Dendreon Corporation                        1,643%

15  Targeted Genetics Corporation               1,322%

16  WatchGuard Technologies                     1,161%

17  ProCyte Corporation                           991%

18  Fullplay Media Systems, Inc.                  758%

19  N2H2, Inc.                                    716%

20  Jetstream Software, Inc.                      711%

21  Validio Software, LLC                         564%

22  Microvision, Inc.                             528%

23  Captura                                       504%

24  WatchMark Corporation                         489%

25  RealNetworks, Inc.                            477%

26  Immunex Corporation                           433%

27  Primus Knowledge Solutions, Inc.              431%

28  Coinstar, Inc.                                420%

29  CapitalStream                                 419%

30  Onyx Software                                 400%

31  Concur Technologies                           380%

32  BSQUARE Corporation                           329%

33  Corixa Corporation                            304%

34  Advanced Digital Information Corporation      291%

35  Physician Micro Systems, Inc.                 221%

36  Pacific Aerospace & Electronics               220%

37  UltraBac Software                             201%

38  ICOS Corporation                              196%

39  Western Wireless Corporation                  182%

40  Mackie Designs, Inc.                          176%

41  Noetix Corporation                            167%

42  Dexter + Chaney                               146%

43  Insightful Corporation                        139%

44  Microsoft Corporation                         123%

45  GoAhead Software                              118%

46  Diagnostic Ultrasound Corporation              99%

47  North Creek Analytical                         91%

48  Coastal Environmental Systems, Inc.            89%

49  Click2Learn, Inc.                              87%

50  eMedia Music                                   77%


This year's Deloitte & Touche Rising Star winners include:

1   HouseValues, Inc.                          12,454%

2   SonoSite, Inc.                                346%

3   Knowledge Anywhere                            146%









    To qualify for the Fast 50, companies must have had operating revenues of at least $50,000 in 1997 and $1,000,000 in 2001, ($50,000 in 1999 and $1,000,000 in 2001 for Rising Star) must be public or private companies headquartered in North America, and be "technology companies" defined as companies that own proprietary technology which contributes to a significant portion of the company's operating revenues and devotes a high percentage of effort to research and development of technology.

    Winners of the 20 regional Technology Fast 50 programs in the United States and Canada are automatically entered in the Deloitte & Touche Technology Fast 500 program, which ranks North America's top 500 fastest growing technology companies. For more information on the Deloitte & Touche Fast 50 or Fast 500 programs, visit


    About Deloitte & Touche


    Deloitte & Touche, one of the nation's leading professional services firms, provides assurance and advisory, tax, and management consulting services through nearly 30,000 people in more than 100 U.S. cities. The firm is dedicated to helping its clients and its people excel. Known as an employer of choice for innovative human resources programs, Deloitte & Touche has been recognized as one of the "100 Best Companies to Work For in America" by Fortune magazine for five consecutive years. Deloitte & Touche refers to Deloitte & Touche LLP and related entities. Deloitte & Touche is the US national practice of Deloitte Touche Tohmatsu. Deloitte Touche Tohmatsu is a Swiss Verein, and each of its national practices is a separate and independent legal entity. For more information, please visit Deloitte & Touche's web site at For more information on the Technology Fast 50 and Fast 500 programs, please visit




    CONTACT: Deloitte & Touche, LLP

             Maria McDaniel, 206/215-4311



             Ron Rice, 206/233-7507





Gary Millhollon has left First Capital Group.


I am sending this email to let you know that my business email and phone numbers will be changing. Friday, Sept. 29 is my last day as president of First Capital

Group. I founded the company seven years ago, with my partner, First State Bank. We sold it 2.5 years ago to First Banks of St. Louis.


The sale was a win-win and I signed a non-compete agreement with First Banks which has expired. First Banks wished to move the company to St. Louis and I

wanted to stay in New Mexico.


Since I have been in the equipment leasing/financing business for my entire 29 year career, I plan to start a new leasing company on November 1. Between now and

then, I will be setting up new offices, phones, emails, etc. I will notify you of those very soon.


Until then, if you need to reach me, you may call me at me on my new cell number which is 505-710-5100. If you need to send me something, you may send it to

9350 San Diego NE, Albuquerque, NM 87122, or email me at home ( .


After Monday, any email sent to my old office address will be forwarded to St. Louis.


I look forward to continuing our business relationship. Please do not hesitate to call if I can be of service.




Gary Millhollon



Nigerian Letter looking to lease 1000 Laptops for the Ministry


Dear Sir,


I would like to make enquiries about your product.  My company was awarded a contract

to supply a computer &; Laptop for the ministry in Nigeria and I want to know

if possible for your company to supply me all the items in a lease. I need to supply the Federal Government Of Nigeria and also I would like to make enquiries about the total items


I need to supply which 10,000 laptop and computers. Am waiting for your quick response.


Lease rate is not a problem.







DVI Reports  $7.3 Million  Fourth Quarter loss


DVI, an independent specialty finance company for healthcare providers worldwide, reported its results for the quarter in their Friday afternoon

telephone conference.


For the quarter ended June 30, 2002, the Company reported a loss of $7.3 million net of taxes, or $0.50 per diluted share, compared to net income of $5.8 million, or $0.38 per diluted share for the same period last year.


New loan origination and medical receivables commitments for the fiscal year remained strong showing double-digit growth to a new record $1.3 billion, up 19%. Growth in new business was evident across all the business segments, with domestic equipment finance at $899 million, up 19%, international at $180 million, up 13%, and business credit commitments at $187 million, up 18%.


Michael A. O'Hanlon, president and chief executive officer, said business was

getting better and he hoped the stock sales of his company would reflect this.


Additional information is available at



Tyco official built 2d house with $5m in loans from firm


By Jeffrey Krasner and Matthew Brelis, Boston Globe Staff


ORTSMOUTH, N.H. - When Neil R. Garvey, the former president of Tycom Ltd., was transferred from Morristown, N.J., back to New Hampshire three years ago, he did not have to worry about buying a new house.



Garvey had worked in New Hampshire for the Tyco International Ltd. subsidiary before the New Jersey move and kept the 13-room home he and his wife bought in Portsmouth in 1996. He and his family moved back into the nearly 5,000-square-foot Colonial in 1999.


But even though he had a place to live, Garvey took advantage of a Tyco program that helped employees who are moving to sell their existing homes and purchase new homes. Garvey borrowed a total of $5 million in zero-interest and low-interest loans, and used the money to build an extraordinary house on a nearly 8-acre parcel on Shapleigh Island, a small piece of land in the Piscataqua River, about 4 miles from his other house.


The house, which was completed this spring, is the largest single-family home in Portsmouth, according to city building officials, comprising 21,003 square feet, including the basement, decks and garages, and measuring 149 feet end to end - half the length of a football field.


Garvey's loans were disclosed in a lengthy report Tyco filed with the Securities and Exchange Commission two weeks ago as part of an ongoing internal probe into alleged abuse of company funds by former Tyco chief executive L. Dennis Kozlowski and his two chief lieutenants, former chief financial offer Mark Swartz and former general counsel Mark Belnick.


The report barely mentions Garvey, stating only that he borrowed $5 million in relocation loans, ''exceeding approved program guidelines by $472,703,'' and that Tyco was seeking repayment of the entire amount loaned to him. There is no mention that he owned a house when he returned to New Hampshire.


A company spokesman declined to say on Friday whether employees who already own homes in places to which they are reassigned can borrow money from the relocation program. ''We just want our money back,'' said the spokesman, Gary Holmes.


Garvey, through his lawyer, declined to comment. The lawyer, Jayne S. Robinson, confirmed that Garvey used the loans to build the Shapleigh Island house but said he had made ''appropriate use'' of the relocation program.


''It would be wrong and misleading to suggest he was trying to take advantage of the company,'' Robinson said. ''This was a relatively commonplace, completely disclosed, perfectly known program. He used a valid corporate program available to him.''


Robinson said that she was not familiar with the specific guidelines of Tyco's relocation program but that Garvey should not have been excluded simply because he already owned a house in Portsmouth. ''I'd be amazed if there was anything in the guidelines that said it was inapproriate because he already had a property there,'' Robinson said.


But Leonard Greenhalgh, a professor at Dartmouth College's Tuck School of Management, said borrowing company funds under such circumstances goes far beyond what is considered reasonable assistance in most US companies and underscores the culture of excess that prevailed at Tyco during Kozlowski's tenure.


''Almost everything that is in the news about Tyco appears unusual,'' Greenhalgh said.


Tyco, in its SEC filing, included guidelines for separate relocation programs created when the company reassigned employees from New Hampshire to New York and Florida in the 1990s. The programs describe typical relocation benefits that, among other things, reimburse employees for the cost of selling a property or buy the property if the employee cannot sell it. The programs also provided for loans to purchase a new property, finance a down payment, or pay for temporary housing.


The programs are silent on whether an employee can borrow funds to acquire additional property, a scenario that Greenhalgh said that ''in any context seems overly generous.''


Garvey joined Tyco in 1979 after he answered a newspaper ad for an accouting clerk at the company's Simplex Wire and Cable subsidiary, according to Robinson. By 1995, he had become president of the division, which was then called Tyco Submarine Systems Ltd. The company, with operations in New Hampshire, New Jersey, and Virginia, manufactured, installed and maintained undersea communications cables.


As CEO of a Tyco subsidiary, Garvey earned salary and bonuses equal to many heads of independent companies. In 1999, according to the company's proxy statement, he earned $2.86 million in salary, bonus and stock awards. The following year, that amount grew to $2.93 million. In 2000, he earned $9.13 million, including a $7.2 million cash bonus, and the following year he earned a $3 million cash bonus, according to company filings.


In 1997, Tyco asked Garvey to move to New Jersey, to be closer to facilities in Morristown. Just a year earlier, in August 1996, Garvey and his wife, Helen, had purchased their first house in Portsmouth, on more than 3 acres of land, according to town and county records.


Robinson, Garvey's attorney, said the couple kept the house vacant when they and their two daughters moved to Mendham Township, N.J. In November 1997, according to real estate records, the Garveys purchased a home in Mendham for $1.5 million. Tyco officials said that company relocation loans, since repaid, helped pay for the house. Occasionally, Robinson said, Garvey would stay at his Portsmouth house when he was in New Hampshire on business.


In 1999, Robinson said, Tyco asked Garvey to return to New Hampshire, and he and his family moved back that fall into the Portsmouth house. The New Jersey home was sold in August 1999 for $2.3 million, according to town records.


Four months later, in December, Garvey and his wife bought the Shapleigh Island property for nearly $3.3 million, according to town records. An existing house on the property, built in 1795, was demolished in April 2000 at a cost of $12,300, according to city building records.


Robinson said that Garvey borrowed money under Tyco's relocation program the following summer. She said he borrowed $2.7 million interest-free and $300,000 at 6 percent interest. At about the same time, she said, he borrowed an additional $2 million from Tyco at 6 percent. Garvey used the loans to pay for acquisition and construction costs.


Richard A. Hopley, Portsmouth's chief building inspector, said Garvey's new house is by far the largest single-family home in the city and required a record 11 building permits.


Hopley's inspection notes as the project progressed reflect his admiration for the quality of construction and his awe at its sheer size. ''This foundation is substantial!'' he wrote on Aug. 6, 2000. In January 2001, when carpenters were starting to frame the structure, he wrote, ''Wow, lots of wood!''


Among the 19 rooms in the house, according to architectual drawings filed with the city, is a laundry room measuring 14-by-16 feet (there is also a smaller laundry area on the other side of the house), a craft room, a walk-in cedar closet, a flower potting room, a game room, and an exercise room. The rendering shows a dining room table that seats 18.


This spring, after more than two years, the house was finished. Garvey sold his first Portsmouth home for $680,000, according to city records. The City of Portsmouth issued a formal occupancy certificate for the new home on June 28.


Less than three weeks later, on July 19, Garvey left Tyco. Robinson said that Garvey and the company reached an ''amicable parting of the ways'' and that his severance package is still being negotiated.


Robinson said Garvey has repaid the $2 million loan from Tyco, with interest, and $1 million on the $3 million loan. Even though the balance of that loan isn't due for several years, Robinson said, he plans to repay the amount shortly.


''We don't want there to be any implication that there was something wrong done,'' Robinson said.




Ex-Tyco Officials Avoid Jail After Bail Hearing


A Wall Street Journal Online News Roundup



A judge declined to jail two former executives of Tyco International Ltd. following a hearing to determine whether the bail money they posted came from proceeds of their alleged crimes against the company.


Manhattan State Supreme Court Justice Michael Obus decided to accept the bail already posted last week by former Chief Executive L. Dennis Kozlowski but rejected the bond secured with shares of Tyco stock posted by former Chief Financial Officer Mark Swartz.


Meanwhile, the chairman of Tyco's compensation committee defended the board's handling of a severance package with Swartz. But Stephen Foss said he didn't know prosecutors had supposedly warned Tyco officials only two days before the severance deal was approved that Swartz was under investigation for serious crimes.


Judge Obus said he was satisfied that the $10 million cash posted by Kozlowski's former wife, Angie, on his $100 million bond was part of their divorce settlement.


In the case of Swartz, the judge said the defense hadn't yet proven that the stocks were unrelated to any criminal activity. Swartz was given more time to argue his case. "The court is not satisfied that the stock offered here is acceptable," Judge Obus said.


Charles Stillman, Swartz's lawyer, said his client received the stock he posted when he first joined Tyco. Judge Obus gave Swartz until Oct. 11 to offer more conclusive proof that the money isn't tainted. Kozlowski was ordered to appear for a status hearing Nov. 7.


The hearing was called Friday (9/27/02) because prosecutors had contended that the men's bail packages came from criminal activity.


Kozlowski and Swartz have been indicted by New York prosecutors on wide-ranging charges that they stole more than $170 million from Tyco in unauthorized compensation and illegally reaped an additional $430 million from stock sales. Both have pleaded not guilty.


Prosecutors earlier this month filed criminal charges against the men after the Securities and Exchange Commission accused them of hiding huge loans and other money they allegedly took out of Tyco.


The SEC said Kozlowski used $242 million from an employee loan program, established to help workers buy Tyco stock, to pay for yachts, fine art, jewelry, luxury apartments and vacations.


Kozlowski already had been indicted in June on charges of evading New York sales taxes on $13 million in art, including works by Renoir and Monet. He resigned from Tyco in June, a day before being indicted. He has pleaded not guilty in that case.


A third executive, former general counsel Mark Belnick, was charged with falsifying business records to cover up $14 million in improper loans.


Robert Morgenthau, the New York District Attorney, was quoted in the New York Post Friday as saying his investigators informed Tyco officials on Aug. 12 -- two days before the board approved the severance package -- that Swartz was under investigation for "substantial" thievery. Prosecutors recommended the company fire Swartz immediately, Morgenthau said.


Foss, a Tyco director since 1983, said through a spokesman Friday that he "absolutely" had not been told of any meeting with prosecutors. "Whatever information the Manhattan DA told Tyco officials was not shared with Steve Foss," the spokesman said.


The assertion raises questions about whether Tyco executives and attorneys gave board members full information before presenting them with the severance deal for Swartz.


In an interview, Foss generally defended the severance package as appropriate and in the best interests of Tyco shareholders. Foss also said he was generally aware Swartz was under investigation by the Manhattan DA at the time the deal was struck, but wasn't aware he was likely to be indicted.


Foss said the company hurriedly requested a meeting of the four-member compensation committee on Aug. 14, and presented the committee with a severance deal for Swartz. The arrangement, Foss said, had been negotiated by attorneys at Boies, Schiller & Flexner LLP, at the behest of new Chief Executive Officer Edward Breen, who wanted to replace Swartz as quickly as possible.


"The compensation committee didn't negotiate it," Foss said, "We were given a presentation and either had to accept or reject it."


Under the agreement, Swartz received, among other things, $9.1 million in a lump-sum severance deal, plus $24.5 million from an executive life insurance plan and $10.4 million from a deferred compensation plan.


Foss said the $9.1 million Swartz was paid in the lump sum severance was substantially less than he was due under an employment agreement. The deferred compensation and life insurance sums, he said, "were always his," and had been approved by the board and previously disclosed to shareholders. Foss also pointed out that, under the severance deal, Tyco has the right to seek repayment of the money through arbitration.


In addition, Foss said that he had changed board procedures in early 2002 so that the entire board would have to vote on any compensation arrangement, not just the compensation committee. He said the entire board voted to approve Swartz's deal.


Tyco, based in Bermuda but run from Exeter, N.H., makes everything from coat hangers to security systems and medical devices. Earlier this week, Tyco slashed earnings forecasts for the current fiscal fourth quarter and the next fiscal year, and said the scandal- plagued conglomerate would take a write-down of between $2 billion and $2.5 billion on its TyCom optical-fiber operation.


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"Raymond Leasing chooses CapitalStream's FinanceCenter to Link with



CapitalStream provides an efficient high-tech, low touch approach for Raymond Leasing


Seattle, WA  - - CapitalStream (, a Seattle-based provider of business and commercial credit automation technology for the Financial Services Industry, today announced Raymond Leasing Corporation as its newest customer to implement FinanceCenterä, CapitalStream's flexible technology platform.   Raymond Leasing chose CapitalStream's solution to increase operational efficiencies and to improve customer service and satisfaction.


Raymond will now have the ability to generate, deliver, and store quotes and proposals.  They will also be able to standardize origination while maintaining the flexibility to customize programs, pricing, and documentation, by equipment type or at the dealer level.   FinanceCenter will provide a single point of integration to third-party providers and their portfolio management platform, LeasePlus, thereby streamlining the company's transaction processing time, reducing operating expenses, and improving the customer experience.  CapitalStream's FinanceCenter is also scalable, allowing for future growth and expansion without additional IT requirements. 


Darlene Harrington, Raymond Leasing Corporation's Lease Marketing Manager said, "The CapitalStream solution will improve our entire lease origination life-cycle.  CapitalStream's technology will standardize the lease quoting and origination process that will make our organization more efficient and our resources more effective."

 - more -


Raymond Leasing Corporation Selects CapitalStream                             

"We are dedicated to helping companies like Raymond Leasing streamline processes, reduce operation expenses, and improve customer service and satisfaction," says Jeff Dirks, president and COO of CapitalStream.  "CapitalStream's FinanceCenter technology platform provides a single point of integration that creates significant efficiencies within a company's business and commercial credit processes, resulting in greater profitability."


By providing the tools to better manage credit risk, reduce costs, and attract new business by automating manual processes for leases, loans, cards and lines, CapitalStream has enabled many financial services companies to continue to improve their customer service, satisfaction, and retention.



About Raymond Leasing

Raymond Leasing Corporation is a wholly owned subsidiary of The Raymond

Corporation.  Raymond is a global leader, manufacturing a full range of pallet handling and orderpicking solutions including pallet trucks, walkie stackers, orderpickers, counterbalanced, reach and Swing-Reach trucks.  Since 1970, the people at Raymond Leasing have been meeting the needs of a broad range of companies that use Raymond equipment.  Raymond's goal is always to create a lease contract that answers the financial and operational needs of their customers.


About CapitalStream

Seattle-based CapitalStream delivers business and commercial credit automation solutions for the financial services industry. CapitalStream's FinanceCenterä provides tools to better manage credit risk, reduce costs, and attract new business by automating manual processes for leases, loans, lines and cards.  CapitalStream, an established industry leader, has helped hundreds of financial organizations increase their competitiveness, customer service and profitability.


Jennifer Fox





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Financial Leaders Promise Action



By Harry Dunphy

Associated Press Writer


WASHINGTON –– Top financial leaders ended their weekend meetings by promising action to prevent plunging stock markets from derailing the global economy's fragile recovery and vowed to draw up a plan to help bankrupt nations by April.


The leaders completed their meetings without major protests in the streets or disagreements in the meeting hall.


The head of the International Monetary Fund, Horst Koehler, said the agreement to advance the bankruptcy proposal was a major achievement for this year's meetings of the 184-nation IMF and its sister lending institution, the World Bank.


"This is a kind of breakthrough...There is a recognition that there is a gap in the international financial architecture," Koehler told a concluding news conference.


Delegates at the final session Sunday approved a recommendation that the IMF develop in six months measures that would allow nations in financial crisis to essentially declare bankruptcy and force creditors to negotiate more lenient repayment terms.


The idea already has generated stiff opposition from international banks, which want to be repaid in full on the billions of dollars they have loaned developing countries and some emerging market countries don't like the proposal because they fear it will increase the cost of loans.


During the weekend meetings the financial leaders voiced a mixture of concern and optimism over some of the world's most troubling economic problems– crises in Argentina, Brazil and Japan.


Threats to shut down the U.S. capital and disrupt the IMF-World Bank meetings went unfilled Sunday as three days of demonstrations wrapped up much the way they started– with smaller than expected, peaceful gatherings.


But protesters said needed attention was drawn to those seeking more money for global AIDS research, calling for changes in world economic policies including debt relief for poor countries and opposing war with Iraq.


Police had prepared for as many as 20,000 demonstrators. During the largest event on Saturday, several thousand protesters filled five city blocks as they shouted opposition to policies of the two lending institutions, using puppets and banners to display their unhappiness.


Koehler and World Bank President James Wolfensohn said that the protesters didn't realize that both institutions have become more responsive to the needs of poor countries.


But both officials conceded that more needed to be done to narrow the gap between rich and poor nations in which 15 percent of the world's population controls 80 percent of the world's income.


"Today more and more people are saying that poverty anywhere is poverty everywhere, and their voices are getting louder," Wolfensohn told the delegates Sunday. "Their demand is for a global system based on equality, human rights and social justice. It must be our demand too."


At the concluding news conference, Wolfensohn listed World Bank initiatives the World Bank is undertaking to improve drinking water in poor nations, educate millions of children not now in school and combat the HIV/AIDS pandemic.


"We have to stop philosophizing and get on with the tasks," Wolfensohn said.


Finance officials conceded that their job of promoting prosperity was being made harder by the sluggish global economy. This year's recovery has been weaker than expected because of continued stock market plunges in the United States and many other nations.


Argentina was forced into a record default on government debt last December and Brazil has seen its currency plunge to record lows in the past week over rising investor fears that Latin America's largest economy will soon default on its debt in spite of a record $30 billion loan approved by the IMF in early September.


Billionaire investor George Soros said Sunday in an interview on ABC that even though this possibility is rising IMF officials were "asleep at the switch" and doing too little to avert a debt default which could he said could have serious repercussions on American banks with loans to Brazil and American companies with plants in the country.


Finance officials, in a string of speeches during the final day of discussions, struck a more positive tone, declaring that the United States, Europe and Japan had all committed during the weekend meetings to attack structural problems in their individual countries that were holding back growth.


Treasury Secretary Paul O'Neill told the delegates that "the United States is doing its part" to promote a global recovery and he expected the world's largest economy would return to solid growth of 3 percent to 3.5 percent "over the course of the coming year."



Streamlined Sales Tax Project Report


    by  Dennis Brown, Equipment Leasing Association


The Streamlined Sales Tax Project (SSTP or Project) met in Milwaukee September 26-27.  Progress toward adoption of sourcing rules for leasing was the main focus of the Equipment Leasing Association. The next Project and Implementing States meetings are scheduled at the Chicago Hyatt Regency O'Hare on November 12-13. 


This update covers:


- Lease Sourcing Progresses

- Digital Property

- Certification of Proprietary Tax Systems

- Celebratory Event


Lease Sourcing Progresses


The lease-sourcing proposal passed out of the workgroup and was presented to the full Project.  The next step is circulating the proposal to Project states before a vote.  If approved by the Project, the lease-sourcing rule would move to Implementing States for consideration as a provision of the Interstate Agreement sent to state legislatures.


An unintended consequence of the current sourcing rule is states are expected to lose money now collected from leasing when they adopt the Streamline legislation. Moreover, lessors face the prospect of unmanageable sales tax sourcing administration problems on some moveable equipment.  The leasing industry and state revenue officials both face a predicament in gaining a vote on lease sourcing when the first edition of the Interstate Agreement is approved by Implementing States in November.  It must first be approved by the Project but the next Project meeting is after the vote by Implementing States Delegates.  An SSTP vote by teleconference in October is one possible way to resolve the impasse.


Digital Property


The digital property definition has been amended to remove prewritten computer software since it has been incorporated into the definition of tangible personal property.  Additional public comment is requested and the workgroup will deal with the issue again in November.  In current form, the definition reads as follows:


1.  "Digital Property" means a product, other than prewritten computer software, expressed in binary digits capable of being processed by a computer and delivered or accessed electronically.  Digital property is broken down into the following two categories:


"Digital equivalent of tangible personal property" means digital property delivered or accessed electronically that would be tangible personal property if transferred on a tangible storage media.


"Digital equivalent of a service" means a digital property delivered or accessed electronically that would otherwise be considered a service.


2.  Digital property is subject to exemption or taxation in the same manner as its tangible personal property or service equivalent.


Certification of Proprietary Tax Systems


There are 4 models envisioned for administering sales tax under the new Streamlined system.  Model 3 intended to certify large proprietary systems will be revised.


Model 1 establishes a Certified Service Provider (CSP) as an agent to perform all sales tax functions for you. The CSP determines the amount of tax due, pays tax to the states, and files state returns. The Project intends CSP services to be free to business, as states will compensate a CSP agent.  Under Model 2 a retailer/lessor selects a Certified Automated System (CAS) to perform only one part of its sales tax administration functions, the calculation of tax due on a transaction.


Model 3 allows your proprietary system to become a CAS.  This model accommodates large retailers or lessors that have developed sophisticated computerized sales tax administration systems. Model 4 is current practice. Retailers and lessors that do not find the use of a CSP or a CAS relevant or beneficial can continue to calculate, pay, and report sales tax under their current procedures. They will nevertheless adhere to new uniform definitions and rules resulting from adoption of Streamline legislation.


Businesses choosing to have their current operations gain sanction as a CAS under Model 3 want assurance transactions processed through their systems will match results of transactions handled by a CSP under Model 1 and CAS under Model 2.  Otherwise, their system might be deemed out of compliance during audit and the level indemnification against errors jeopardized.  Central to these discussions are two matrixes to be prepared by states.  The first designates all exempt and taxable products whether or not defined by the Project while the second provides sourcing geo-codes with tax rates.


Daily coding and mapping required by some businesses makes them apprehensive about turning over sales tax functions to a CSP under Models 1 and 2.  Uncertainties that their proprietary system meets CAS standards gives them concern about selecting Model 3.  The Project had previously given assurances that Project staff visiting their facilities to examine test and certify proprietary systems would approve Model 3 volunteers. This concept has been abandoned due to cost. The Project will instead develop procedures allowing these self-supporting systems to handle transactions in the same manner as CSP's. In Milwaukee, SSTP conducted discussions with potential CAS businesses led by major national retailers to begin developing common procedures for them to obtain CAS status.


Celebratory Event


The Project meeting was capped with a celebratory evening organized by Project Co-Chair Dianne Hardt, Wisconsin Department of Revenue to review momentum that has brought the Project to the final steps before approval of the Interstate Agreement by Delegates to Implementing States in November. "The Streamlined Journey from March 2000 to September 2002" was the theme as the Equipment Leasing Association joined others in offering tribute to retiring Co-Chair Charles Collins, Jr., Director, Sales and Use Tax Division, North Carolina Department of Revenue.  His evenhanded approach to concerns expressed by business has been a major factor in continuance of the Streamlined Sales Tax Project.


Dennis Brown


Equipment Leasing Association




### ##################################################


Bombardier Announces Measures to Face Current Environment



MONTREAL----Bombardier(TSX:BBD.A) (TSX:BBD.B.):


--  $5 billion reduction in assets under management at Bombardier




--  Adjustments to cost structure in aerospace sector


Bombardier announced  measures to reduce the debt of Bombardier Capital, to align its aerospace cost structure to the business aircraft market and, as a result, to increase its financial flexibility to face the current uncertain economic environment.


Bombardier intends to reduce Bombardier Capital's assets under management by approximately $5 billion, mainly through the sale and gradual wind-down of the receivable factoring portfolios for Bombardier's manufacturing sectors, as well as the business aircraft financing portfolios. Bombardier Capital will concentrate on inventory finance, railcar leasing and interim financing for Bombardier Aerospace regional aircraft.


Proceeds from the sale and gradual wind-down of the receivable factoring and business aircraft financing portfolios will be applied to the reduction of Bombardier Capital's debt. These transactions will be conducted in an orderly fashion and will be spread over a period of several months.


Bombardier Aerospace simultaneously announced it will reduce its cost structure and employment levels. The workforce reduction entails the laying off of 1,980 people or about 6% of Bombardier Aerospace's entire workforce. It concerns all levels of employees and will affect all Bombardier Aerospace production sites in Canada, the United States and the United Kingdom.(1)


"The measures we have put in place today, once they are carried out, will enhance Bombardier's financial flexibility in the context of the uncertainties of this unpredictable economic environment," observed President and CEO Robert E. Brown.


While recognizing that circumstances or events outside its control may occur, Bombardier maintains its financial targets for the current financial year, regardless of the sale and gradual wind-down of the Bombardier Capital portfolios. Maintaining these targets also takes into account the good performance of the transportation and recreational products sectors.


Bombardier Inc., a diversified manufacturing and services company, is a world-leading manufacturer of business jets, regional aircraft, rail transportation equipment and motorized recreational products. It also provides financial services and asset management in business areas aligned with its core expertise. Headquartered in Montreal, Canada, the Corporation has a workforce of some 80,000 people in 24 countries throughout the Americas, Europe and Asia-Pacific. Its revenues for the fiscal year ended Jan. 31, 2002 stood at $21,6 billion. Bombardier trades on the Toronto, Brussels and Frankfurt stock exchanges (BBD, BOM and BBDd.F).





Bombardier Inc.

Dominique Dionne, 514/861-9481


############ ###################################################


Plunging revenues dangle states over a deficit ditch


Some expect budgeting decisions to get tougher


By Sue Kirchhoff,  Boston Globe Staff



WASHINGTON - Oregon legislators staggered home earlier this month after wrapping up a record fifth special session to balance the state's budget. Maryland's deficit for next year, already forecast at $1.3 billion, is expected to climb. California public universities are bracing for major spending cuts.



Across the country, state revenues have plunged during the past year, leaving lawmakers and governors with an estimated $50 billion shortfall. The decline, due largely to a falloff in tax revenues from capital gains, interest, and dividend income, has been far greater than expected given last year's modest recession and recent stock market turmoil.


While much of the revenue hit has been absorbed with one-time fixes, like dipping into rainy-day funds, such moves simply deferred the pain. States could be stuck in a deficit ditch for years - even if the economy accelerates - since growth in tax receipts generally lags a business rebound by 12 to 18 months. Further, experts warn that the revenue drop, the sharpest in decades, is part of a bigger, chronic problem.


''From here on, the decisions are going to be tougher, a lot tougher. [States] are either going to have to [cut] health care in a major way, or education, or enact a broader tax increase,'' said Ray Scheppach, executive director of the National Governors Association. ''It's not a one-year blip.''


Scheppach said the recession and revenue fall came on top of a more serious, long-term crisis. Most states operate under a tax system built for a 1950s manufacturing economy that has not kept up with the shift to a service-based system.


In addition, health care costs are exploding again. That has put tremendous pressure on the state-federal Medicaid health program for the poor, elderly and disabled, which accounts for about 30 percent of all state spending.


Massachusetts is already up to $350 million in the red in the current budget year, which started this summer, because anticipated revenues have not materialized. The state this spring raised $1.24 billion in fees and taxes and cut spending by hundreds of millions of dollars.


''Because this is an election year, a lot of good data on the revenue shortfalls is not going to be released for a couple of months,'' said Scott Pattison, executive director of the National Association of State Budget Officers. Still, he said 16 states have reported deficits for fiscal 2003, which started in most states in July.


Nearly every state, by law, must balance its budget. State bond ratings are also tied to fiscal performance. In the latter part of the 1990s, state budget officers had a relatively easy time thanks to a glowing economy that allowed legislatures to cut taxes by about $36 billion, increase spending, and sock away $48 billion in rainy- day funds. No more.


''In the late 1990s especially, states increased their spending at a pretty good pace, but they also cut taxes at a pretty good pace. Conservatives say [budget problems are] because you increased spending, and liberals because you cut taxes too much,'' said Nicholas W. Jenny, senior policy analyst at New York's Nelson A. Rockefeller Institute of Government, which analyzes state fiscal trends.


''This budget gap didn't arise because spending outpaced revenues, it arose because revenues went away,'' Jenny said.


Faced with an unwelcome shift from prosperity to parsimony, governors have tried to avoid tax increases. States have made up $15 billion of the overall shortfall through budget cuts, another $15 billion by drawing down rainy-day funds and about $3.6 billion through tobacco tax and other revenue raisers, Scheppach said.


Governors have asked Congress for help, but Washington faces its own fiscal problems. The federal budget is expected to be in deficit at least through 2005, partly due to the same revenue problems facing the states.


Maine Senator Susan Collins, a Republican, is part of a bipartisan coalition that pushed an amendment through the Senate this summer to give states $6 billion in extra Medicaid funds and $3 billion for other social programs. The proposal has since been scaled back and it is unclear whether it will clear Congress.


Health care groups are nervously eyeing the situation. States expanded Medicaid during the 1990s to cover more working poor families and children. There are concerns that those additions to the program, which covers 47 million people, are in jeopardy.


''There is a risk that we will lose some of the gain,'' said Victoria Wachino, assistant director of the Kaiser Commission on Medicaid and the Uninsured. ''In the early 1990s, states and the health care system overall, turned to managed care as the silver bullet to bring costs down. That seemed to work [awhile, but] now there is nothing on the horizon.''


The Kaiser Commission found 45 states had made trims in Medicaid and 41 planned more cuts. Most states are cutting payments to providers or trying to control drug prices, though some have already scaled back eligibility.


While health care costs have been growing in both the public and private sectors, Medicaid takes a double hit during recessions. Eligibility for the program is based on income, meaning more people qualify during a downturn, pushing costs up.


Education, another big item in state budgets, is beginning to feel the sting. Some states have scaled back summer school. Arizona has looked at using state education funds to help reduce a $1 billion budget gap. California public universities, like other state agencies, are being asked to plan for future cuts of up to 20 percent.


''Education is slated to be cut in about 12 to 14 states - this number is fluid, it's constantly changing,'' said Dan Fuller, director of federal programs for the National School Boards Association.


The budget trend may have a political fallout as well.


''I think there will be a little bit of an anti-incumbent mood,'' said Scheppach. ''No one could have seen the magnitude of this problem ... still it will affect them because some governors have been forced to cut health care or education.''


Sue Kirchhoff can be reached at


Top Ten TV Shows September 16-22


For the week of Sept. 16-22, the top 10 shows, their networks and ratings:


``Emmy Awards,'' NBC, 13.5;

 ``Survivor: Thailand,'' CBS, 13.2;

 ``Monday Night Football: Philadelphia vs. Washington,'' ABC, 11.8;

 ''8 Simple Rules for Dating My Teenage Daughter,'' ABC, 11.0;

 ``Life With Bonnie,'' ABC, 10.5;

 ``Law & Order,'' NBC, 10.3;

 ``CSI: Crime Scene Investigation-Monday,'' CBS, 9.5;

 ``NFL Monday Showcase,'' ABC, 9.5;

 ``CSI: Crime Scene Investigation,'' CBS, 9.3;

 ``Friends,'' NBC, 9.3.



NBC's ``Nightly News'' won the evening news ratings race, averaging 9 million viewers (6.6 rating, 14 share). ABC's ``World News Tonight'' had 8.8 million viewers (6.3, 14) and the ``CBS Evening News'' had 7.7 million (5.6, 12).



A ratings point represents 1,067,000 households, or 1 percent of the nation's estimated 106.7 million TV homes. The share is the percentage of in-use televisions tuned to a given show.


On the Net:

Nielsen Media Research Web site:




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