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Leasing News is a web site that posts information, news, and
entertainment for the commercial bank, finance and leasing industry


Friday, April 3, 2015

Today's Equipment Leasing Headlines

Archives---April  3, 2002
 Lease Finance Mike Price pays nearly a half-million
   in yacht tax-evasion case
 Classified Ads---Sales
   Seventh Response
    "Attempted to Pledge Fraudulent Collateral"
New Hires---Promotions in the Leasing Industry
 Leasing Industry Ads---Help Wanted
Escrow Company Loses to Bank
 on Wire Transfer Cyber-Crime
  by Tom McCurnin, Leasing News Legal Editor
“Evergreen Clause”—The Danger of Automatic Renewal
Companies who notify lessee in advance of lease expiration
Leasing Conferences – Update
  Latest Information
Women in Leasing Luncheon Newsletter
Long Beach, California, at NEFA Spring Summit
The amount of oil being shipped by rail
  has increased 50-fold since 2010
  April Fools Jokes
The First News Edition Special
 While We're Young/Seymour: An Introduction
  The Imitation Game/Wild/Cries and Whispers
   Film/Digital Reviews by Leasing News' Fernando Croce
     Labrador Retriever Mix
      Tacoma, Washington  Adopt-a-Dog
     Classified ads— Lessee Advocate and Consulting
News Briefs---
Huntington Bancshares Finalizes Acquisition of
    Macquarie Equipment Finance, Inc.
Small businesses keeping the recovery on track
  as large companies sputter
Stampede to Join China’s Development Bank Stuns Even Its Founder
 How to Mitigate the Impact of New Lease Accounting Rules
  Sprint will take over one-third of the space
   in 1,400 RadioShack stores

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
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Archives---April 3, 2002
Lease Finance Mike Price pays nearly a half-million
in yacht tax-evasion case

Finance executive Michael A. Price has paid $442,661 in restitution and penalties after he pleaded guilty last July to attempting to evade about $280,000 in state taxes on a 73-foot yacht, the Washington State Department of Revenue said.
The founder and former chairman and CEO of Tacoma-based T&W Financial Corp. agreed to pay the taxes, penalties and interest owed to the state for taxes on the custom-built yacht He also was sentenced to 30 days of community service by King County Superior Court Judge Charles Mertel.
In charging Price with a felony last summer, prosecutors said he claimed he paid $690,000 for the yacht, rather than the $3.2 million it actually cost.
Price was charged with submitting paperwork to the Department of Licensing stating he had paid $53,820 in sales tax on the lesser amount when in fact no sales tax was ever paid. The falsified paperwork enabled Price to dodge more than $280,000 in sales and watercraft excise taxes, prosecutors charged in papers filed July 5.
Price resigned in January 2000 as chairman and CEO of publicly traded T&W Financial, an equipment leasing company that subsequently went out of business.
Prosecutors said Price falsified paperwork to show that he had purchased the boat from a T&W Leasing Co., which they said was fictitious. In fact, he had contracted with Tacoma and Anacortes firms to build the boat for him, according to the charges.

Last contact, Mike Price was back running Radiance Capital, Fife, Washington, taking it over from his son Mike. There are three Leasing News Bulletin Board complaints for charging a residual at the end of Equipment Finance Agreements:

T&W Leasing was one of the first to use securitization, went public, and was basically very successful until it moved out of the small ticket marketplace. Both Mike and Tom remained in real estate, but did leases with other partners, Leasing News was told. After the bankruptcy, only one officer was left holding the bag, it is reported, and he went to jail. In May, 2006 Paul B. Luke, CPA, 50, of Omaha, Nebraska, was sentenced to one year in prison, three years of supervised release and $1.2 million in restitution. According to records in U.S. District Court in Tacoma, Luke created a fraudulent lease agreement in order to draw more than $1 million from a line of credit T&W had with Bank of America. The money was used to pay T&W's officers, a partners car leases, and it was the $1.2 million loan default with BofA that pushed the company into bankruptcy.



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Seventh Response
"Attempted to Pledge Fraudulent Collateral"

"On or about February 15, 2010, Leasing News published two defamatory pieces. The first report alleged unconfirmed ‘ethical violations’ by ACS (Ability Capital Solutions) and MBC (Matrix Capital Corporation) in relation to EarthArtist Mountain Studio-Campus LLC, (Seneca, South Carolina) a company that attempted to pledge fraudulent collateral for a loan with ACS."(1)

(The second report ran prior due to receiving the response from Mr. Casteleyn, Jr.) (2)

         April 3, 2015, fom Mike Lentine, of EarthArtist Mountain Studio-Campus LLC:

Hasn't Spoken to an Equipment Leasing Company Since

"I cannot say very much about Mr. Acosta and his company.

"I don't recall mention of fraudulent collateral. We stated early on in our dealing with Ability that we would not pledge our real property. After sending in the $5,000 deposit, we seldom heard back from them.

"I filed a complaint with the NAELB. Mr. Acosta filed suit against me in California for slander or defamation. The NAELB shelved the complaint because it was under 'litigation', i.e. because Mr. Acosta sued me for defamation because I filed the complaint. NAELB is hypocritical and negligent nor did it not investigate its member's conduct. It is a part of the problem. I did not want to incur further legal expenses or expend any more time on the matter nor have I spoken to an equipment leasing company since.

"That is all I have to say."

Michael Lentine

(Mr. Acosta is no longer a "Best Practicing Broker", nor a member of the National Association of Equipment Leasing Brokers).

The complaint was brought to Leasing News on October 27, 2009,  where the broker involved emailed to Leasing News:  "Brian (Acosta) has not refunded a dime to customer, and has told him he will have to wait until the end of Jan. He was also told that if he insists on his $ sooner, he won’t see any of it."

This complaint went on for over three months. In fact the complaint was not posted until February 10, 2010, and was well documented with 9 notes and five footnotes. (3) For over three months, there was a National Association of Equipment Leasing Broker (NAELB) complaint, many emails between NAELB legal counsel Joseph Bonanno, Esq., Brian Acosta, Leasing News, Michael Lentine, and others.  The NAELB case was halted when Brian Acosta’s attorney Mark M. Scott of Buchalter Nemer filed a suit on February 9, 2010, against “EarthArtist Mountain Studio-Campus, LLC, Michael Lentine, and DOEs 1 through 20, inclusive, Defendants,” as NAELB policy is not to consider a complaint during a lawsuit.

During this over three month period, there was no mention in any of the emails, any of the discussions, letters, NAELB complaint documents sent by Brian Acosta, regarding fraudulent collateral.  Most importantly, in the lawsuit filed by Acosta's attorney Mark M. Scott of Buchalter Nemer, there was no mention regarding an attempt by Earth Artist Mountain Studio-Campus, LLC, or Michael Lentine, to pledge fraudulent collateral (4). The claim of fraudulent collateral never came up.

In addition, Blue Star Capital and its affiliates were not licensed as a "broker" or "finance lender" in the State of California. They were not operating legally, which was published in the original complaint.  This would also apply to other complaints published until the date of their license:

  1. New Cease and Desist Attorney Demand
    Delete Leasing News Bulletin Board Complaints or Else!
  2. Sixth Response
    "Didn't Confirm Accuracy of Allegation Published"
  3. Ability Capital Solutions (“ACS” formerly “Matrix”)
    Long Beach, California –Bulletin Board Complaint
  4. Superior Court, County of Los Angeles, California


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


New Hires---Promotions in the Leasing Industry

Benjamin Frank joins Diamond Creek Capital, LLC, Los Angeles, California, as Chief Executive Officer, in an alliance relationship with his company Austin Finance Services, Inc., where he serves as Chief Executive Officer.  Previously, he was Director, Red Capital Group (March 2014–February 2015). He joined Sunwest Bank August, 2006, rising to Senior Vice President, promoted March, 2014, to EVP/Chief Lending Officer, Sunwest Bank (March 2013–March 2014); Senior Vice President, Relationship Manager, CommerceWest Bank (2005–2007); Office Clerk, Trutanich and Associates Law Office (2002–2003). Education: Chapman University, The George L. Argyros School of Business and Economics, Business Administration, Finance (2003–2005).

Larry J. Kamin was hired as Account Executive, North Mill Capital.  He was hired by Sovereign Business Capital, September, 2005, and in January 2010, named Workout Officer, for Sovereign Santander.  Prior, he was Vice President, Business Alliance Capital Group (January, 1999-August, 2005). Education: The City University of New York, Brooklyn College. BS, Accounting (1976 – 1980). 

Audrey Stein has joined ATEL Securities Corporation as Director of National Accounts. In this role, Ms. Stein will assist in developing broker dealer relationships, enhance the selling group as well as contribute to sales augmentation strategies. Previously, she was Owner, DL Designs, LLC (May 2014–March 2015); Vice President of Finance, Worth Investment Group, LLC (August 2011–March 2014); National Sales Director, Frontier Asset Management, LLC (December 2008–September 2011); National Sales Manager, Provident Asset Management, LLC (February 2008–October 2008); Wholesaler Desert Capital REIT (April 2007–February, 2008); Associate Vice President, AmREIT (January 2006–April 2007).Volunteer: Board of Directors, (June, 2011). Education: Texas A&M University, BS, Political Science. Texas A&M University, MBA, Finance. Honors: Alumni and Social Coordinator. Texas A&M, Class VII, EMBA.



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Please see our Job Wanted section for possible new employees.


Escrow Company Loses to Bank
on Wire Transfer Cyber-Crime
by Tom McCurnin
Leasing News Legal Editor

Case Again Underscores Necessity of Companies Using Wire Transfers to Have Adequate Security, Usually a Dual Control System.  Failure to Heed Bank’s Warnings Cost Escrow Company $440,000, Plus the Bank’s Attorney Fees

By Tom McCurnin

Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 2014 WL 2598764 (8th Cir. 2014). 

“I remind myself every morning: Nothing I say this day will teach me anything. So if I'm going to learn, I must do it by listening.”
   Larry King

Some people just don’t listen. In today’s case, an escrow company was more concerned about employee’s schedules than listening to the Bank that handled its wire transfers. The failure to listen cost the escrow company $440,000, plus the Bank’s attorney fees, a net turnaround of $600,000. The facts follow.

Choice Escrow is a Springfield Missouri land and title company, handling both title policies and escrow services. Obviously, most of the funds it handles are processed through wire transfers. Choice Escrow banked with Mississippi based BankSouth since 2009. 

Consistent with the Bank’s policies, BankSouth offered Choice Escrow wire services based on its “dual control” security system, whereby the customer could only wire transfer funds out when two people logged into the Bank’s internet site. Choice Escrow refused that security system due to the fact that two employees might not be present each time a wire was needed. 

Ever vigilant, the Bank required Choice Escrow to sign a memo which stated that Choice was warned to have a dual control security system, and declined.  The memo further stated that the Bank cannot protect customers that do not utilize a dual control system. The underlying wire transfer agreement had the following indemnification language:

“As long as BancorpSouth has performed as provided in Section 8 above, the Customer shall indemnify and hold BancorpSouth harmless from any and all claims, damages, losses, liabilities, and costs and expenses, including reasonable attorney's fees, which relate in any manner to the Services performed under this Agreement.”

The Bank wasn’t done trying to save Choice Escrow from itself. The Bank received a warning from the Fed that fraudsters were attacking companies like Choice Escrow with emails with a Trojan Horse attachment which was a keystroking logger. One of the Bank’s Directors again contacted Choice, explained the scam and pleaded with Choice to install a dollar limit to every wire and dual control. Choice Escrow refused: 

“Actually I don't think that would be a good procedure for us-lots of times Paige is here by herself and that would be really tough unless we all shared pass words.”

Sometime after this exchange, a Choice employee fell prey to a phishing attack and contracted a computer keystroke logging virus which gave an unknown third party access to the employee's username and password.  $440,000 was wired out of the account to an unknown third party. 

Choice sued, claiming that the security procedure used by BankSouth was commercially unreasonable, claiming that the security procedure must include a process whereby a banker manually reviews every payment order submitted to the bank to ensure that no irregularities exist-what Choice calls “transactional analysis.” 

BancorpSouth's management testified that the Bank conducts tens of thousands of wire transfers daily on behalf of its roughly 400,000 checking account customers and that reviewing each one of these transactions would be impracticable. 

The Court found that the Bank was not required, under the various agreements and the facts, that a bank was required to perform a “transactional analysis” for every wire transfer. 

The Court further found that the Bank’s dual control security procedure, offered and declined by Choice Escrow, was commercially reasonable and used by many banks as an effective security procedure. Although Choice stated that having two senior employees present at the same time would be inconvenient, Choice misunderstood the nature of dual control. Dual control allows one employee to create a pending payment order in the morning, and a second employee may come into the office in the afternoon and confirm the pending payment order. 

Therefore, the Court affirmed the trial court’s granting of BankSouth’s motion for summary judgment—the Bank won, Choice Escrow lost, and lost big, $440,000 worth. It couldn’t get much worse.

But it did. The Bank’s wire transfer agreement contained an indemnity clause which required the customer to indemnity the Bank in the event the Bank complied with the agreed upon security procedure. Although the trial court refused to enforce the indemnity, the 8th Circuit Court of Appeals did, making Choice Escrow liable for a wad of the Bank’s costs (over $92,000) and attorney fees. 

What are the lessons here for equipment lessors?

•  First, the Lessor obviously uses wires to pay vendors. Make sure your company uses an up to date security procedure, either dual control, or a physical component, such as a USB dongle. 

•  Second, listen to the Bank. If it recommends a security system, your company would be well served to take notice. 

•  Third, I have not seen the indemnity provision of BankSouth being used by other banks, and it certainly came as a surprise to me that it existed and the Bank won on that issue. It should be noted that costs alone, excluding attorney fees totaled over $92,000, so Choice Escrow is on the hook for almost $600,000! Perhaps someone should have read that clause before filing suit. That type of clause may dis-incentivize bank customers from suing the Bank, unless the customer has a really good case. 

The bottom line to this case is to listen—listen to the Bank that handles your accounts. Perhaps like Larry King, you might learn something.

Choice Escrow Case

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

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at

Previous Tom McCurnin Articles:


“Evergreen Clause”—The Danger of Automatic Renewal

The inclusion of automatic renewal (or “evergreen”) clauses in true leases has been a fairly common practice from time immemorial. It is included in most company leasing contracts, whether "fair market value," 10%options, or even $1.00 (Yes, companies will continue payments if not notified and there have been several cases where the residual is $1.00)

There is no question that these clauses provide important protections to the lessor to obtain their residual. If the lessee has no intent to renew, the lessor has in interest in knowing it before the end of the term so that he can start planning for remarketing or some other disposition of the equipment.

However, the question of whether a lessee should be reminded by the lessor of the notice deadline in plenty of time for the lessee to react is an entirely different question. These states have statutes requiring commercial equipment lessors to provide a written notice – a fair warning – before the notice deadline date arrives:

This is an unofficial list:
New York
Rhode Island

(*Consumer, may affect commercial,
especially a proprietorship,
partnership or personal guarantee)

Most of the abuses occur in the small-ticket world. Larger lessees often overlook the notification clause in the contract or do not have “tickler” systems to remind them. Consider the corner dry-cleaner. He signs up for a five year lease in 2014. Does he mark it 90 days before the expiration in his computer calendar for 2019, or more important, did he overlook this as the residual is 10% or a $1.00. And the more apt question is: What possible interest does a lessor have in not voluntarily reminding its customer of the notice deadline – unless it’s to create a chance that the lessee will slip up and get trapped in a renewal it does not want?


Companies who utilize Evergreen Clauses 
for Extra Lease Payments

These companies use language in their lease documents regarding purchase options to confuse, perhaps to deceive, resulting in an automatic continuation for an additional twelve months of payments. Often they win transactions with lower monthly payments as the lessee does not carefully read and prepare for the end-of-lease notification requirement (many are on ACH payments).

Several have continuation of payments and the requirement of replacing the equipment for a new lease. Leasing News has had complaints involving companies who invoke the twelve months on a $1.00 purchase option, as well as on an Equipment Finance Agreements.

Several have appeared in Leasing News "Complaints" Bulletin Board:

Additionally, Tom McCurnin has written often about Evergreen Clause court cases involving these companies. 

Two of the companies on this list do a lot of copier leasing, where it is reported manufacturers are now getting a piece of auto-renewals and as well as insisting that they be in the lease as a condition of the business. Leasing News has heard from a very reliable source that some copier manufacturers also give dealers 4-5 months’ notice of a discontinued model and agree to sell it to the dealer at 40% of list price, on the condition that the captive finance division not receive the business. Also buried in the contract on one is a one month rental return fee including an inspection fee at the location specified by lessor and at lessee’s return expense (often not the local dealer who supplied the copier).

Advice for Broker or Lessor
Dealing with a Company that Uses Evergreen Clauses

ACC Capital, Midvale, Utah
Balboa Capital, Irvine, California
De Lage Landen, Wayne, Pennsylvania
IFC Credit, Morton Grove, Illinois
Jules and Associates, Los Angeles, California 
LEAF Financial Group
, Philadelphia, Pennsylvania
Marlin Business Leasing, Mount Laurel, New Jersey
Marquette Equipment Finance, Midvale, Utah 
Mazuma Capital Corporation, Draper, Utah
Onset Financial, South Jordan, Utah
Pacific Western Equipment Finance, Cottonwood Heights, Utah 
Republic Bank, Bountiful, Utah
Tetra Financial Group, Salt Lake City, Utah

ACC Capital, Midvale, Utah---This company is no longer in business, although its portfolio is being wound down, according to its owner Loni Lowder; the receivables are being collected by creditors. Lowder today is an employee, manager, Stalwart Contract Finance, Salt Lake City, Utah. All Evergreen Clause complaints have not been satisfied, but were when the company was active.

Balboa Capital, Irvine, California---This company had its first Bulletin Board Complaint in 2006. While a new president stated this was no longer the practice, recent bulletin Board Complaints demonstrate the practice continues.

De Lage Landen, Wayne, Pennsylvania -- $34,560 in lease payments were collected illegally, although the lease contract had an Evergreen clause that if the lessee did not notify in 90 days before expiration, the payments would continue. It appears this went on for almost three years. The purchase option was 10%.

What makes it even more shameless is a collection agency was involved after payments stopped, but wait, it gets worse: the lessee has settled with the funder and the funder's collection agency, but the lessor, who sold the lease to the funder, De Lage Landen (DLL,) remains in the suit as being party, or “in collusion,” with the Evergreen clause collection matter. The fact is the lessor was not directly involved in the collection of payments or received any remuneration, as well as the suit continues, now solely against the lessor.

IFC Credit, Morton Grove, Illinois---This company is in bankruptcy, appeared many times in the Leasing News Bulletin Board prior to filing bankruptcy, but engaged in Evergreen Clauses, and unfortunately a recent example is a complaint to the trustee, stemming from M&T Bank lease assignment expiring and notify the lessee that they did not notify about the residual, which was a $1.00. This has happened many times with other banks who have taken over the IFC Credit Corporation portfolio. Calls and letters to the trustee and attorneys have gone unanswered.

Jules and Associates, Los Angeles, California--- Jules and Associates, Los Angeles, California---A repeat customer, who notified Jules and Associates on a lease, but was not before the 180 day expiration, so Jules and Associates instead of the 1% due for the residual ($2,308.79) charged six more payments or $40,463.94, and if 1% is not paid in this time, they will be subject to another three months.

LEAF Financial Group, Philadelphia, Pennsylvania---It appears this company is in a more wind down phase, moving its operation of LEAF Commercial Credit with basically the same management. There have been complaints about the Evergreen Clause, including one this year for an Equipment Finance Agreement!

Marlin Business Leasing, Mount Laurel, New Jersey---The actual SEC filings state the profit earned from Evergreen Clause, primarily from copier leases. Bulletin Board Complaints have been received about this practice in addition to the SEC financial statement filings. (9) Marlin Response to posting.

Marquette Equipment Finance, Midvale, Utah --- According to Dorran Sampson, Vice-President/Broker Relations: "Marquette Equipment Finance does not offer an Evergreen product. Our master lease provides for extensions but is negotiated at the schedule level. Notice periods are also negotiated at the schedule level and vary depending on the Lessee’s needs."

When the company was bought and became Pacific Western Equipment Finance (a division of Pacific Western Bank) he maintained the same position. It was noted his old company was still on the list, and a request of his "master lease" was made.

"Our docs are the same as when we were with Marquette. Because we’re public now, it is very difficult to get documents released."

I asked him if he could send to a broker wanting to do business with him, "Sorry, can’t forward to you or your brokerage."

A search of PACER, a national index for U.S. district, bankruptcy and appellate courts brought up a number of Marquette cases, and the first one hit pay dirt: Merchants & Farmers Bank, a Mississippi Corporation versus Marquette Equipment Finance and Applied Financial. It was a similar case and while "dismissed with prejudice" (6), it had the arguments regarding the purchase option and a copy of the complete contract with a similar PPR as with Mazuma Capital:

"(g) Lessee's Options at End of Initial Period. At the end of the Initial Period of any Lease, Lessee shall, provided at least one-hundred-eighty (180) days prior written notice is received by Lessor from Lessee via certified mail, do one of the following: (1) purchase the Property for a price to be determined by Lessor and Lessee, (2) extend the Lease for twelve (12) additional months at the rate specified on the respective Schedule, or (3) return the Property to Lessor at Lessee's expense to a destination within the continental United States specified by Lessor and terminate the Schedule; provided, however, that for option (3) to apply, all accrued but unpaid late charges, interest, taxes, penalties, and any and all other sums due and owing under the Schedule must first be paid in full, the provisions of Sections 6(c) and (d) and 7(c) hereof must be specifically complied with, and Lessee must enter into a new Schedule with Lessor to lease Property which replaces the Property listed on the old Schedule. With respect to options (1) and (3), each party shall have the right in its absolute and sole discretion to accept or reject any terms of purchase or of any new Schedule, as applicable. In the event Lessor and Lessee have not agreed to either option (1) or (3) by the end of the Initial Period or if Lessee fails to give written notice of its option via certified mail at least one-hundred-eighty (180) days prior to the termination of the Initial Period, then option (2) shall apply at the end of the Initial Period. At the end of the extension period provided for in option (2) above, the Lease shall continue in effect at the rate specified in the respective Schedule for successive periods of six (6) months each subject to termination at the end of any such successive six-month renewal period by either Lessor or Lessee giving to the other party at least ninety (90) days prior written notice of termination."

The first option is to purchase the equipment for a price to be determined by Lessor and Lessee and requires a certified letter 180 days prior. This sounds like a fair market purchase option, but the “price to be determined” language means that the Lessor can set any price it wants. This option is illusory in my opinion.

The second option is to continue the lease for an additional 12 months, the “Evergreen” period. No notice of this provision is given to the lessee either in advance of signing or prior to exercising this option. Republic Bank purchases these 12 month extensions in advance of their exercise. How would the bank know that the lessee is going to exercise this option, unless everyone knows it is the only practical option for the lessee to exercise? Republic Bank President Boyd Lindquist confirmed in a telephone call that he “buys” these extensions from Mazuma and has for quite some time.

The third option is to return the equipment, but the clause is draped with the condition that the lessee has to re-lease identical equipment for a similar term. It also has 180 day certified letter requirement, and applies to the second option of 12 months, but also has the clause of an automatic six month option. So what is the point of exercising this option? At the end of this re-lease, there would be the same three identical options, so the lessee would be required to re-lease and re-lease. It’s just like Groundhog Day.

Leasing News is working on obtaining information on other companies so named to add to the list, including follow-up on the master lease for Pacific Western Equipment Finance. If you have a copy, please send and will keep your name “off the record.”

((7) See for Copy of Filing, including contract.) 

Mazuma Capital Corp, Draper, Utah Several routie "end of lease agreements, as alleged in Unified Container and Anderson Dairy (1) "8. The basic scheme involves the inclusion of a purchase, renewal, return (“PRR”) provision in the lease. The lessor assures the customer they will be able to purchase the equipment at the end of the initial term in the lease for a reasonable or nominal price. Often, the lessor promises the equipment can be purchased at a fixed percentage of the total amount financed. However, at the end of the initial lease term, the lessor refuses to honor the agreed upon purchase price or negotiate in good faith regarding a purchase price, but instead, insists the lease automatically renews for an additional term (usually twelve months).

9. The inclusion of the purchase and return options in the lease are entirely illusory and intended only to give the customer the false impression that it can exercise any of the three options at the end of the initial lease term, when in fact, the lessor will only allow an automatic renewal at the end of the initial lease term.) There are other exhibits. This case was settled "out of court."
    (page 3)

H. Jared Belnap, past President & CEO, Mazuma Capital Corp., takes exception on beingon the Evergreen list. His full letter and Leasing News Response is at (5).

Onset Financial, South Jordan, Utah --- Onset contract, which contained:

“(Section 20:
n. Lessee's Options at Maturity of Base Period. At the maturity of the Base Period of any Lease, Lessee shall, provided at least one hundred fifty (150) days prior written notice is received by Lessor from Lessee via certified mail, do one of the following: (1) purchase the Property for a price to be determined by Lessor end Lessee, (2) renew the Lease for twelve (12) additional months at the rate specified on the respective Schedule, or (3) terminate the Schedule and return the Properly to Lessor at Lessee's expense to a destination within the continental United States specified by Lessor; provided, however, that for option (3) to apply, all accrued but unpaid late charges, interest, taxes, penalties, and any and all other sums due and owing under the Schedule must first be paid in full, the provisions of Sections 8f, 8g and 7d hereof must be specifically complied with, and Lessee must enter into a new Schedule with Lessor to lease Property which replaces the Property listed on the old Schedule. With respect to options (1) and (3), each party shall have the right in its absolute and sole discretion to accept or reject any terms of purchase or of any new Schedule, as applicable. In the event Lessor end Lessee have not agreed to either option (1) or (3) by the maturity of the Base Period, or if Lessee fails to give written notice of Its option via certified mail at least one hundred fifty (150) days prior to the maturity of the Base Period, or if an Event of Default has occurred under any Lease, then option (2) shall apply at the maturity of the Base Period. At the maturity of the renewal period provided for In option (2) above, the Lease shall continue in effect at the rate specified in the respective Schedule for successive periods of six (6) months each subject to termination at the maturity of any such successive six-month renewal period by either Lessor or Lessee giving to the other party at best thirty (30) days prior written notice of termination." (3)

((8) See for Copy of Onset Contract with PPR purchase option.

Pacific Western Equipment Finance, Cottonwood Heights, Utah

Dorran Sampson, then Vice-President/Broker Relations, Marquette Equipment Finance, now Vice President Broker Relations Pacific Western Equipment Finance told Leasing News when the company was bought and became Pacific Western Equipment Finance (a division of Pacific Western Bank) they maintained the same position as Marquette.

"Our docs are the same as when we were with Marquette. Because we’re public now, it is very difficult to get documents released."

I asked him if he could send to a broker wanting to do business with him, "Sorry, can’t forward to you or your brokerage.

Leasing News has obtained a copy of a Pacific Western Equipment Finance agreement, and confirms the same procedures as their former company Marquette utilized:


At the end of the Initial Period of any Lease, Lessee shall, provided at least one-hundred-eighty (180) days prior written notice is received by Lessor from Lessee via certified mail, do one of the following: (1) purchase the Property for a price to be determined by Lessor and Lessee, (2) extend the Lease for twelve (12) additional months at the rate specified on the respective Schedule, or (3) return the Property to Lessor at Lessee’s expense to a destination within the continental United States specified by Lessor and terminate the Schedule; provided, however, that for option (3) to apply, all accrued but unpaid late charges, interest, taxes, penalties, and any and all other sums due and owing under the Schedule must first be paid in full, the provisions of Sections 6(c) and (d) and 7(c) hereof must be specifically complied with, and Lessee must enter into a new Schedule with Lessor to lease Property which replaces the Property listed on the old Schedule. With respect to options (1) and (3), each party shall have the right in its absolute and sole discretion to accept or reject any terms of purchase or of any new Schedule, as applicable. IN THE EVENT LESSOR AND LESSEE HAVE NOT AGREED TO EITHER OPTION (1) OR (3) BY THE END OF THE INITIAL PERIOD OR IF LESSEE FAILS TO GIVE WRITTEN NOTICE OF ITS OPTION VIA CERTIFIED MAIL AT LEAST ONE-HUNDRED-EIGHTY (180) DAYS PRIOR TO THE TERMINATION OF THE INITIAL PERIOD, THEN OPTION (2) SHALL APPLY AT THE END OF THE INITIAL PERIOD. At the end of the extension period provided for in option (2) above, the Lease shall continue in effect at the rate specified in the respective Schedule for successive periods of six (6) months each subject to termination at the end of any such successive six (6) month renewal period by either Lessor or Lessee giving to the other party at least thirty (30) days prior written notice of termination” (10) (Also see Marquette listing)


Pacific Western Bank Responds to Evergreen Non-Notification

Republic Bank, Bountiful, Utah Purchases and participates in extended Evergreen clause agreements.

They are legal in all states, except four states require advance notification be given to the lessee regarding termination of the lease and its residual (Four states: New York Rhode Island, Texas, Illinois (In Illinois, Consumer law, but may affect commercial, especially a proprietorship, partnership or personal guarantee)"

Tetra Financial Group, Salt Lake City, Utah Several routine "end of lease agreements, as alleged in Unified Container and Anderson Dairy (1)

“22. Mazuma Capital is associated with Republic Bank and obtains financing for its leases containing PRR provisions from Republic Bank.

23. Like what took place at Amplicon, Inc., the PRR scheme utilized by Matrix, Applied Financial, LLC, Mazuma Capital, Tetra Financial Group, LLC and others has begun to be exposed through litigation and negative press. See Deseret News (2) articles attached hereto as Exhibits B (2) and C. (3)”

Here is a case where New York courts threw out the Evergreen Clause as not legal in New York, even though venue appears to be Utah. (4))

(1) 36 main pdf

(2) Deseret News

(3) Exhibit C

(4) Salon Management case

(5) Mazuma Takes Exception on Being on Evergreen List

(6) Order to Dismiss with Prejudice

(7) Copy of filing, including contract

(8) Copy of Onset Contract with PPR purchase option

(9) Marlin Response to posting.


Companies who notify lessee in advance of lease expiration


Receivables Management LLC
John Kenny

• End of Lease Negotiations & Enforcement 
• Third-Party Commercial Collections | ph 315-866-1167

(Leasing News provides this ad as a trade for investigative
reporting provided by John Kenny)



Companies who notify lessee in advance of lease expiration

These companies do not use language to confuse, perhaps to deceive, with the result an automatic continuation for an additional twelve months of payments. They do not invoke the twelve months on a $1.00 purchase option or an Equipment Finance Agreement.

In its editorial of June 30, 2011, Leasing News recommends that the equipment lessor send a certified letter with return receipt; however, at this time, the acceptance of the word of the president of the company will be accepted until proven otherwise.

Advantage Funding
Agility Ventures LLC
Allegiant Partners
American Leasefund, Inc.
BancLease Acceptance Corporation 
Bank of Ozarks Leasing 
Bankers Capital
Bank of the West, Indirect Equipment Finance 
Black Rock Capital
BSB Leasing
Capital Technology & Leasing, LLC
Cobra Capital, LLC
Dakota Financial, LLC
Direct Capital

Financial Pacific Leasing
Forum Financial Services, Inc.
Gonor Funding
GreatAmerica Financial
Innovative Lease Services, Inc.

Madison Capital
Macrolease Corporation 
Manufacturer's Lease Plans, Inc
Mesa Leasing
Maxim Commercial Capital
Mount Pleasant Capital
National Machine Tool Financial Corporation
Navitas Lease Corp. 
Northwest Leasing Company
P&L Capital Corporation 
Pacifica Capital 
Padco Financial Services
Pawnee Leasing Corporation
Southern California Leasing, Inc
Specialty Funding, Albuquerque, New Mexico
Standard Professional Services, LLC
Stoddard & Associates 
TEAM Funding Solutions


Full List 



Leasing Conferences 2015
Save the Date 


27th Annual National Funding Conference
4/21/2015 - 4/23/2015
Fairmont Hotel Chicago
Chicago, IL


Registration Form:

Funding Source Exhibitors as of March 3, 2015
Acrecent Financial
Ascentium Capital LLC
ATEL Capital Corp
Banc of California
Bank of the West
Baytree Financial Group
BMO Harris Equipment Finance Company
Boston Financial & Equity Corporation
CapitalSource, Inc.
Chase Equipment  Finance
CBT Equipment Finance
Citizens Asset Finance, Inc.
EverBank Commercial Finance
Fifth Third Equipment Finance Company
Financial Pacific Leasing, Inc., an Umpqua Bank Company
First American Equipment Finance, a City National Bank Company
First Bank of Highland Park
Fuyo General Lease (USA) Inc.
GE Capital Markets
Huntington Equipment Finance
Key Equipment Finance
Lease Corporation of America
MB Financial Bank
Nations Equipment Finance LLC
NXT Capital
People's Capital and Leasing Corp
SCG Capital Corporation
Securcor Financial Group
Signature Financial
Societe Generale Equipment Finance
Sterling National Bank Equipment Finance
Stearns Bank NA-Equipment Finance Division
SunTrust Robinson Humphrey Equipment Finance Group
TCF Equipment Finance
VFI Corporate Finance
Wells Fargo Equipment Finance

For more information about this event, you may contact Lesley Sterling at (202)238-3435


The Women in Leasing LinkedIn Group is hosting an April luncheon at the Signature Room in Chicago, Illinois, on Tuesday, April 21st from 1:00 pm – 3:30 pm. The lunch is being hosted by Shari Lipski with ECS Financial Services.

If you are attending the 2015 ELFA National Funding Conference, the Signature Room is a 10 minute cab ride from the hotel and is located on the 95th floor of the John Hancock Building.

If you would like to attend, please RSVP by April 14th to Shari Lipski at 847.897.1711 or via email



Talking Stick Resort
This year’s NVLA Conference will take place at Talking Stick Resort, a luxurious Four-Diamond resort set in the Sonoran Desert.

Scottsdale’s newest resort destination offers something for everyone, including Vegas-style gaming and entertainment, a relaxing spa treatment, world-class cuisine, and that famous Arizona sun.

 Golf Outing

The 2015 NVLA Golf Outing will take place on Wednesday, April 22 at 11:30 a.m. This year’s event will be conveniently held at Talking Stick Golf Club, which is located on the grounds of Talking Stick Resort. Designed by Bill Coore and Ben Crenshaw, Talking Stick Golf Club has been recognized as a top public golf course in Arizona by Golfweek magazine.

Cost of the event is $95.00 per player, which includes green fee and cart. Rental clubs are available at the club for an additional fee.

If you’re interested in participating in this year’s outing, please contact Rick Damush (Miller Ford) at 609-261-6842 or via email at

 Exhibiting Opportunities

The NVLA Conference presents vehicle leasing industry partners with a unique opportunity to make and solidify relationships with independent lessors.

NVLA is pleased to offer exhibit tables for member and non-member companies at affordable rates. Each exhibit table package includes a 3’ x 6’ skirted table, complimentary conference registration, and listing on the NVLA website and conference program.

Mike Mathy 
Executive Director, 
National Vehicle Leasing Association
ph 414.533.3300 ext. 1108



Confirmed Speakers/Registration



List of Attendees as of March 20, 2015
(Including Brokers and Funders



Hope you paid attention when we suggested bringing your swimsuit to the 2015 NAELB Conference. You should also bring hiking boots.

Even if neither of those activities are 'your thing' Phoenix and the Arizona Grand Resort offer plenty to see and do. Join NAELB April 30-May 2 for great education; networking with current and potential business partners; and these 'must see and do' recommendations from three local NAELB members:

Is culture your thing? NAELB Member Rick Wilbur recommends Taliesin West - Frank Lloyd Wright Foundation; the Musical Instrument Museum; and the Heard Museum - which is dedicated to the various native cultures of the Southwest and Central America. If you're more of an outdoors person, Rick says there is plenty of golf; hiking at Camelback Mountain; hot air balloon rides; or Open Jeep Tours.

Erin McCarthy suggests you check out the Desert Botanical Gardens, the Phoenix Zoo or the South Mountain Preserve if you like outdoor activities. For those who prefer to stay inside, Erin recommends the Phoenix Art Museum, one of the largest museums in the Southwest with more than 18,000 works on display.

If you like good restaurants, Dan Munman suggests Flemings Steakhouse and Z'Tejas, which are near the Arizona Grand Resort; or visit Rustlers Roost, which is right at the Hotel. For thrill seekers, Dan recommends one of the "great kart tracks in America, Octane Raceway in Scottsdale, which gives you the Ultimate Adrenaline Rush!"


The Public Sector Finance Forum is a joint venture of the Association for Governmental Leasing and Financing and the Equipment Leasing Finance Association.  The 2015 Forum will be held at the Sheraton Denver Downtown Hotel in Denver, CO on May 6 through May 8, 2015.

Preliminary Agenda




8th China Leasing Summit 2015
June 10-12, 2015
Crowne Plaza Beijing Chaoyang U-Town.

The event is strongly supported by leading companies 
and international leasing association.

The China Leasing Summit is based on over 10 years’ of research into the Chinese leasing industry and will provide an effective platform on which attendees can familiarize themselves with the current status of the market and the latest policies and regulations in order to gain a better understanding of China’s leasing market, thereby optimizing their development strategies. Furthermore, speakers from the government, as well as from the leading leasing companies, will share their invaluable experiences and opinions on the state of China’s leasing industry.

For more information, please go here:



2015 Eastern Regional Meeting
September 11-12, 2015
Atlanta Marriott Marquis
Atlanta, GA



The 2015 Fall Conference will be held at the Loews Don CeSar Hotel in St. Pete Beach, FL on November 4 through November 6, 2015. 



2015 Western Regional Meeting
November 13-14, 2015
Doubletree by Hilton Anaheim - Orange County
Anaheim, CA



2015 54th Annual Convention
10/25/2015 - 10/27/2015
JW Marriott Hill Country
San Antonio, TX



71st Annual Convention
November 11 - 13, 2015
JW Marriott Austin
Austin, TX




The amount of oil being shipped by rail
has increased 50-fold since 2010
by Shane Ferro,

US railroads now carry 33.7 million barrels of oil a month across the country. This is a 50-fold increase in the amount of crude being shipped by rail (CBR) from the 630,000 barrels in January 2010. Previously, most crude produced in the United States was moved by pipeline from Cushing, Oklahoma. 

The increase in crude by rail is great for the industry — it can get the massive amounts of crude now being produced where it needs to go using infrastructure that already exists.

But it has its downsides. The ramp-up of crude-carrying trains has exposed the dangers of crude-carrying train derailments. They existed before, but there wasn't enough being shipped for it to pose a big risk.

Reuters' John Kemp explains the problem this poses for the railroads and the oil industry:

“Negotiations between the railroads, oil producers, refiners and the U.S. government about new crude-by-rail regulations and tank car safety standards boil down to the question of how to balance the safety imperative of withdrawing older and less secure tank cars as soon as possible against the commercial imperative of keeping them in service for longer to maintain tank car availability and keep the oil flowing.”

The problem is that the risks are real, but minute for any one shipment. And the rewards are easy to calculate.


(Leasing News provides this ad as a trade for appraisals and equipment valuations provided by Ed Castagna)



April Fools Jokes
The First News Edition Special

Many people were fooled, and others thought it was for real.

It has been a traditional since 2002 when a News Edition falls on
April 1, we have a “special report.”

Here is the first one, from April 1, 2002---Definitely Dated, but many
may still find it humorous:

                     Special April Fool’s Edition     

                     Kit Menkin’s Leasing News
           Monday, April 1, 2002
Accurate, fair and unbiased news for the equipment Leasing Industry


             William Gates Buys GE Capital and CIT
                  Gazelle Leasing—Tom Depping Returns
                        GoodRodi Financial---East to West Coast      
                           Mike Fleming Retires
               ELA, EAEL, NAELB, UAEL Merge
                   Newell Runs Away with Britney Spears
                         Investment Tax Credit Tax Law Signed


William Gates Buys GE Capital and CIT

William Gates buys GE Capital, CIT and the State of New Hampshire for undisclosed dollar amount. To call the new company CITGE. The logo will be a Snauzer with a large dog collar with medal with GE on it. Curt Lynse has been hired to train the dog and run the company. 

Gates announced he is moving Microsoft to Portland, Oregon, as he likes the climate better than Seattle.  He added it was time that companies came to Oregon, rather than left.  It is reported that he is negotiating the purchase of the City of Portland. 

Gazelle Leasing—Tom Depping Returns

Tom Depping starts Gazelle Leasing, selling his tobacco farm and
cigar manufacturing company in Costa Rica, moving back to Houston, Texas.  He will specialize in ATM machines, tanning booths, and owner-operator trucks. Charlie Lester was hired as sales manager.
“I am really looking forward to working with Tom again, “he said.

GoodRodi Financial—East to West Coast

Ken Goodman and Bob Rodi have joined their operations together, with Goodman to run the West Coast Operation and Rodi the East Coast Operation.  Rodi claims he did not form a family trust and charitable trust “Police Retirement Fund of Baltimore” to protect his assets and has full confidence in the new operation. It is reported they will be using Ken’s old computers on the West Coast.  They are so old, they operate by “gas.”

Mike Fleming Retires

Reaching 64, Mike Fleming takes early retirement from the Equipment Leasing Association.   He has moved to Wyoming, where he plans to drive his Hummer freely, tired of being restricted in Virginia and Washington, DC, due to its size.  He also plans to take up snowboarding and ball room dancing.

The new organization will be called the United Equipment Leasing Association and Do We Have to Include Brokers.  New membership fees have funders at $295, service providers $125, and brokers doing business under $1 million, $1500, and for each million dollar of volume, another $500 yearly dues, until $10 million, when they receive a $1,000 rebate and free registrations at all conferences.

Dr. Ray Williams was chosen to replace Fleming.
New CITGE president Curt Lynse said, “I hope he likes dogs.”


Newell Runs Away with Britney Spears

In a very private wedding, Jerry Newell and Britney Spears were married in Fairfax, California.  The ex-vice-president of Bank of the West Leasing said they met when his department was considering a lease of new recording studio equipment.

“We just hit it off, “he said. “ We both like to have fun.”


Investment Tax Credit Tax Law Signed

President George W. Bush signed into law the 15% investment tax credit and 50% first year depreciation initiative for lessors “ stimulate the equipment leasing industry. “  The proposal was headed by CITGE president Curt Lynse who visited the White House often, and along with the combined income and assets of both GE Capital and Microsoft, got the president’s ear. He even got to bring his Snauzer with him, who also stayed overnight in the Woodrow Wilson room.




Fernando's View
By Fernando F. Croce

New releases brings bittersweet comedy ("While We're Young") and an acclaimed documentary ("Seymour: An Introduction"), while an Oscar-winning biopic ("The Imitation Game"), a haunting real-life drama ("Wild") and an intense masterpiece ("Cries and Whispers") come to DVD.

In Theaters:

While We're Young (A24): Generational clashes and artistic struggles are the subjects of the newest bittersweet comedy by Noah Baumbach ("Frances Ha"), who once again displays his gift for balancing humor and bitterness. The story focuses on Josh (Ben Stiller) and Cornelia (Naomi Watts), a married New York couple who find themselves scrambling to ward off the lulls of middle age. They begin to hang out with Jamie (Adam Driver) and Darby (Amanda Seyfried), two disarming twentysomethings who encourage them to get involved in more carefree, youthful activities. When Josh and Jamie begin collaborating on a documentary, however, the lines between friendship and pretense quickly begin to blur. Often resembling a vintage Woody Allen movie, Baumbach's portrait of aging hipsters is an engaging combo of laughter and neuroses.

Seymour: An Introduction (Sundance Selects): Fresh off his Oscar-nominated performance in Richard Linkater’s "Boyhood," Ethan Hawke steps behind the camera to direct this acclaimed documentary about an exceptional man. Seymour Bernstein is a virtuoso pianist who has for decades dedicated himself to teaching younger people and enriching their lives with music. Now pushing 90, he reflects back on his various students, on his personal connections, and on the serenity and curiosity that continues to push him onward. Featuring insightful interviews, humorous anecdotes and inspiring musical recitals, Hawke's film is a celebration of a man's remarkable passion that sometimes plays like a gentle, real-life response to last year's harrowing drama "Whiplash."

Netflix Tip: Versatile Canadian actress Alberta Watson (1955-2015) was known to both movie and TV audiences, so check out some of this fiercely intelligent performer's best roles. These include "Spanking the Monkey" (1994), "The Sweet Hereafter" (1997) and "Away From Her" (2006), as well as her recurring role in the series "24."


The Imitation Game (Anchor Bay): A mix of biopic and spy thriller, this portrait of famous British mathematician Alan Turing won Best Adapted Screenplay at this year's Oscars. Benedict Cumberbatch gives an acclaimed performance as Turing, whose withdrawn but brilliant mind became invaluable at the height of World War II, when complex German codes needed to be cracked. As part of a top-secret group of young scientists, he uses his skills to try decipher enigmas and change the tide of history. While celebrated by the authorities for his work, he's also persecuted for his private life. Directed by Morten Tyldum and with an impressive supporting cast that includes Keira Knightley and Mark Strong, this is an elegantly mounted character study that shines a light on one of the period's most fascinating figures.

Wild (Fox): Just as Matthew McConaughey won an Oscar under Jean-Marc Vallée's direction in last year's "Dallas Buyers Club," Reese Witherspoon received some of her best reviews for the Canadian filmmaker's latest drama, where she delivers her most committed performance in years. Witherspoon stars as Cheryl, a woman determined to starn a new phase in her life by hiking alone through 1,100 miles of the Pacific Crest Trail. In between her friendly and less-than-friendly encounters, flashbacks reveal the personal backstory of this determined character, including her relationship with her mother (Laura Dern). A plot synopsis may sound uneventful, but the movie transforms her trip through visuals that reflect the heroine's resolve as well as her inner turmoil. Anchored by Witherspoon's brave turn, this is a moving, haunting journey.

Cries and Whispers (Criterion): Specializing in rigorous and intense dramas, Swedish director Ingmar Bergman created shattering works. This is 1972 masterpiece, being re-released in a pristine digital restoration by Criterion, is no exception. Taking place in an isolated cottage in the late 1800s, the film follows the emotional flares ignited when a family gathers for a severely ailing woman named Agnes (Harriet Andersson). Her sisters Karin (Ingrid Thulin) and Maria (Liv Ullman) come to support her, but, as flashbacks reveal, their own lives are overflowing with turmoil. Can redemption be reached, or will their suppressed feelings keep the siblings apart? Featuring a cast of flawless performances and strikingly expressive, Oscar-winning cinematography, Bergman's profoundly personal film is not easily forgotten. With subtitles.


Labrador Retriever Mix
Tacoma, Washington  Adopt-a-Dog

Gypsy ID#A496168
Age: 9 Years
Color: Black
Location: 027

Shelter Staff made the following comments about this animal:

"Hi, my name is GYPSY and I would love to meet you. I am a Spayed Female Labrador Retriever mix. The shelter staff thinks I am about 9 years old. I have been at the shelter since Mar 26, 2015."

For more information about this animal, call:
Humane Society for Tacoma and Pierce County at (253) 383-2733
Ask for information about animal ID number A496168

Humane Society for Tacoma & Pierce County
2608 Center Street
Tacoma, WA 98409
(253) 383-2733

Adoption Hours
Monday - Friday: 11:00 am - 5:30 pm
Saturday: 9:00 am - 4:30 pm
Sunday: Closed



Adopt a Pet



Classified ads—Lessee Advocate and Consulting

My primary focus is negotiating end of lease terms and options for the equipment lessee, as well as consulting on lease contracts, terms, and conditions before the lease is signed; negotiating end of term. Over 25 years in leasing management positions. Contact: Kimberly Lusk.

All "Outsourcing" Classified ads (advertisers are both requested
and responsible to keep their free ads up to date:

How to Post a free "Outsourcing" classified ad:



News Briefs----

Huntington Bancshares Finalizes Acquisition of Macquarie Equipment Finance, Inc.

Small businesses keeping the recovery on track as large companies sputter

Stampede to Join China’s Development Bank Stuns Even Its Founder

How to Mitigate the Impact of New Lease Accounting Rules 

Sprint will take over one-third of the space in 1,400 RadioShack stores

Irvine, California

Resolve Customer Billing Issues
Reduce Receivable Delinquency

Click here for full description.
 Please send resume and cover letter to:

Senior Credit Analyst
Irvine, California

Underwrites larger, more complex transactions up to $250k in high volume, fast paced environment. Works within credit and across departments to resolve issues and improve the credit submission process

Click here for full description.
 Please send resume and cover letter to:
Quick Bridge Funding has the financial
products a business needs to grow!



--You May Have Missed It

It's so hard to get a hotel for Salesforce's big conference,
  they just hired a cruise ship


SparkPeople--Live Healthier and Longer

The Top 10 Worst Restaurant Salads


Spring Poem


By Edna St. Vincent Millay

To what purpose, April, do you return again?
Beauty is not enough.
You can no longer quiet me with the redness
Of little leaves opening stickily.
I know what I know.
The sun is hot on my neck as I observe
The spikes of the crocus.
The smell of the earth is good.
It is apparent that there is no death.
But what does that signify?
Not only under ground are the brains of men
Eaten by maggots.
Life in itself
Is nothing,
An empty cup, a flight of uncarpeted stairs.
It is not enough that yearly, down this hill,
Comes like an idiot, babbling and strewing flowers.



Sports Briefs----

Chasson Randle's free throws in OT lift Stanford in NIT championship game

Emmert: NCAA to consider title sites

Floyd-Manny PPV will cost $89.95


California Nuts Briefs---

 Jerry Brown orders mandatory water reductions
  amid California drought

California’s water woes primed to get worse
as groundwater is drained

How restaurants are dealing with “Water served only on request.”

Acquisition deal involving Marin malls falls through


“Gimme that Wine”

California drought and wine: Cheaper products hit hardest

Vivino Surpasses 9 Million Users Worldwide as Consumers
  Flock to the Wine List Scanner

Vintage, Appellation … and Calorie Count?
Calories will soon appear on wine lists at chain restaurants

Film tells story of Idaho wines

Oakland Wine Festival Nabs Napa Valley's Prominent Wineries

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in American History

     1783 - Birthday of Washington Irving at New York, NY.  American author, attorney and one-time US Minister to Spain.  Creator of “Rip Van Winkle” and “The Legend of Sleepy Hollow”, he was also the author of many historical and biographical works, including “A History of the Life and Voyages of Christopher Columbus” and “The Life of Washington”. Died at Tarrytown, NY, Nov 28, 1859.
    1822 – Edward Everett Hale, American author, historian and Unitarian minister, was born in Boston where he died in 1909.  He published a wide variety of works in fiction, history and biography. He used his writings and the two magazines he founded to advance a number of social reforms, including religious tolerance, the abolition of slavery and wider education.
1823 - Birthday of William March Tweed at New York, NY.  New York City political boss, who's "Tweed Ring" is said to have stolen $30 million to $200 million from the city, quite a huge sum of money in its day.   He died in his cell at New York's Ludlow Street Jail, Apr 12, 1878. Cartoonist Thomas Nast deserves much credit for “Boss” Tweed's arrests and convictions
    1829 - James Carrington of Wallingford, CT, patented the coffee mill.
    1837 - John Burroughs, American naturalist and author, was born at Roxbury, NY. "Time does not become sacred to us until we have lived it," he wrote in 1877. Died en route from California to New York, Mar 29, 1921.
    1848 - The Massachusetts legislature passed legislation enabling Boston to levy a tax for a public library. This created the funding model for all public libraries in the US. The Boston Public Library opened its doors in 1854.
    1848 - First American public school opened in San Francisco. Thomas Douglas, a Yale graduate, became the first teacher with a salary of $1000. Trustees of the new district, however, soon abandoned it when they ran off to the gold fields.
    1854 - First U.S. Mint in San Francisco opened on Commercial St.
    1858 - Dr. Matthew Ricketts, first African-American state senator in the Nebraska Legislature, was born in Ricketts, KY.  He was also the first African American to graduate from the University of Nebraska College of Medicine in Omaha.  He died in 1917.
    1860 - The Pony Express began when the first rider left St. Joseph, Missouri. The following day another rider headed east from Sacramento, CA. For $5 an ounce letters were delivered within 10 days. There were 190 way stations between 10 and 15 miles apart, and each rider had a 'run' of between 75 and 100 miles. The Pony Express lasted less than two years, ceasing operation in October 1861, when the overland telegraph was completed.  An ad in California newspaper read: "Wanted. Young, skinny, wiry fellows. Not over 18.  Must be expert riders. Willing to risk death daily. Orphans.”
    1865 - Union forces occupied Petersburg, VA, one day after the Confederate evacuation. Lee's forces moved south but were blocked by Union Troops.  After the withdrawal of Robert E. Lee's troops, the Confederate capital of Richmond and nearby Petersburg surrendered to Union forces. Richmond had survived four years of continuous threats from the North, but was destroyed by ravaging fires set by the Confederates not wanting the Union to capture any goods, and looters took what they could steal before the fire swept Richmond.  On April 4, the city was toured by President Abraham Lincoln. On April 9, at Appomattox Court House, Virginia, General Robert E. Lee surrendered to General Grant. April 14th, ten days after touring the devastated City of Richmond, President Lincoln was assassinated. On May 10th, Confederate President Jefferson Davis was captured at Irwinville, GA. The Civil War was virtually ended, but would not be officially over until April 2, 1866.
    1868 - Eyewitness account of a Hawaiian surfing on highest wave ever - a 50' tidal wave. Witnessed by Dr. Gerrit P. Judd.
    1882 – The outlaw Jesse James was killed by Bob Ford in St. Joseph, MO.  James did not know that Bob Ford had conducted secret negotiations with Missouri Governor Thomas Crittenden. Crittenden had made capture of the James brothers his top priority, declaring in his inaugural address that no political motives could be allowed to keep them from justice. Barred by law from offering a sufficiently large reward, he had turned to the railroad and express corporations to put up a $5,000 bounty for each of them.  After eating breakfast, the Fords and James prepared to depart for another robbery. They went in and out of the house to ready the horses. As it was an unusually hot day, James removed his coat, and then removed his firearms, lest he look suspicious. Noticing a dusty picture on the wall, he stood on a chair to clean it. Bob Ford shot James in the back of the head.
    1888 - Known as the "Mother of the Blues," Gertrude "Ma" Rainey was born at Columbus, GA. She made her stage debut at the Columbus Opera House in 1900 in a talent show called "The Bunch of Blackberries." After touring together as "Rainey and Rainey, the Assassinators of the Blues," she and her husband eventually separated and she toured on her own. She made her first recording in 1923 and her last on Dec 28, 1928, after being told that the rural southern blues she sang had gone out of style. She died Dec 22, 1939, at Columbus, GA.
    1893 - Guitarist William “Ragtime Millionaire” Moore, also known as “One Way,” born Tappahannock, VA
    1898 – Henry Luce was born in China.  An American magazine magnate who founded “Time” magazine, he was called "the most influential private citizen in the America of his day."  He also launched “Life”, “Fortune”, and “Sports Illustrated”.  In 1941, he declared the 20th century would be the "American Century".  Luce died in 1967.
    1904 - Birthday of Sally Rand, born Helen Gould Beck at Hickory County, MO.  She is still talked about to this day. American actress, ecdysiast and inventor of the fan dance, which gained tremendous fame at the 1933 Chicago World's Fair. Died at Glendora, CA, Aug 31, 1979.
    1906 - Barney Bigard was born Albany Leon Bigard in New Orleans.  A jazz clarinetist who also played tenor sax, he was known for his 15 year tenure with Duke Ellington.  He also played clarinet with the Louis Armstrong band.
(I saw him play many times with Louis Armstrong and Cozy Cole's band, plus he played many Dixieland Clubs in Hollywood. I remember speaking with him between sets when I was a teenager in the late 1950's and early 1960's when I was a clarinet player myself. He was a very friendly person
and enjoyed visiting with him between sets.)
    1907 – Iron Eyes Cody was born Espera Oscar de Corti in Kaplan, LA.  He portrayed Native Americans in films.  In 1996, his 100 percent Italian ancestry was confirmed by his half-sister.  He died in LA in 1999.
    1916 - Birthday of Boogie-Woogie piano player Kenny Kersey, Harrow, Ontario.
    1916 - San Francisco's favorite newspaper columnist Herb Caen was born in Sacramento, California. His daily column of local goings-on and insider gossip, social and political happenings, painful puns and offbeat anecdotes—"a continuous love letter to San Francisco" - appeared in the San Francisco Chronicle for almost sixty years.  On April 9, 1996, Herb Caen won a special Pulitzer Prize for his continuing contribution as a voice and conscience of the city. When he died February 1, 1997 in San Francisco, his funeral was one of the best-attended events in recent city history. He will never be replaced,
although former S.F. Mayor Willie Brown is doing an excellent job in every Sunday edition. I knew him well, but I bet every citizen in San Francisco he had met became his friend, too.
    1922 – Joseph Stalin became the first General Secretary of the Communist Party of the Soviet Union.
    1924 - Birthday of actress/singer Doris Day, born Doris Van Kappelhoff in Cincinnati, OH. She lives in Carmel Valley, and has a hotel that accepts
dogs: Cypress Inn.
    1924 – Marlon Brando was born in Omaha.  He is hailed for bringing a gripping realism to film acting, and is widely considered to be one of the greatest and most influential actors of all time.  A cultural icon, Brando is most famous for his Oscar-winning performances as Terry Malloy in “On The Waterfront” (1954) and as Vito Corleone in “The Godfather” (1972), as well as influential performances in “A Streetcar Named Desire” (1951), “The Wild One” (1953), “Last Tango in Paris” (1972) and “Apocalypse Now” (1979). Brando was also an activist, supporting many causes, notably the Civil Rights movement and Native American causes.  He died in 2004.
    1926 – Astronaut Gus Grissom was born in Mitchell, IN.  He was one of the original seven Mercury astronauts, the second to fly in space, and the first astronaut to fly in space twice.  On Jan 27, 1967, Grissom was killed along with fellow astronauts Ed White and Roger Chaffee during a pre-launch test for the Apollo I mission at Cape Kennedy. He was the first of the Mercury Seven to die. He was also a recipient of the Distinguished Flying Cross and, posthumously, the Congressional Space Medal of Honor.
    1927 - Harmonica player Little Junior Parker born West Memphis, AR
    1930 - The fledgling film industry patted itself on its collective back this night at the Ambassador Hotel in Los Angeles. They were celebrating the 2nd Annual Academy Awards presentation for movies made during the 1928-1929 year. (Movies made during the 1929-1930 year were honored seven months later on November 5.) There were no 'officially' announced nominees; but there was a host for the evening's activities: Writer, director, producer William C. de Mille. No one ran away with all the awards either. The Best Director was Frank Lloyd for "The Divine Lady"; Warner Baxter was voted Best Actor for his role in "In Old Arizona", while Mary Pickford took home the Best Actress award for her part in "Coquette". Hanns Kräly penned the script for "The Patriot", winning the Best Writing award and the Best Picture of the year was "The Broadway Melody" produced by Harry Rapf.
    1930 - The man who became known as World War II's "baby vet," Calvin Graham was born at Canton, TX, and enlisted in the Navy at the age of 12. As a gunner on the USS South Dakota, he was struck by shrapnel during the battle of Guadalcanal in 1942 but still helped pull fellow crew members to safety. The Navy gave Graham a dishonorable discharge, revoked his disability benefits and stripped him of his decorations, including a Purple Heart and Bronze Star, after discovering his age. Eventually, through congressional efforts, he was granted an honorable discharge and won back all but the Purple Heart. His benefits were restored in 1988. Graham died Nov 6, 1992, at Fort Worth, TX.  [Sounds familiar…my father, Air Force S/Sgt Vincent A. Mango, left his Harlem home at age 15 and enlisted, serving nearly two years before they realized he was underage.  They discharged him immediately, only to re-enlist when he turned 17 immediately after Pearl Harbor.  He flew tail gunner in B-25s in Europe, including the diversionary bombing of Calais to draw German attention away from Normandy.  He flew 66 missions…and he never received credit for the underage service. Ralph Mango.]
    1933 - First Lady Eleanor Roosevelt informed newspaper reporters that beer would be served at the White House. This followed the March 22 legislation legalizing ‘3.2' beer.
    1934 – Jane Goodall was born in London.  An English primatologist, ethologist, anthropologist, and UN Messenger of Peace, she is considered to be the world's foremost expert on chimpanzees. Goodall is best known for her 55-year study of social and family interactions of wild chimpanzees in Tanzania.
    1936 - Birthday of the fabulous blues organist Jimmy McGriff, Philadelphia, PA.
    1936 – Bruno Richard Hauptman was executed for the kidnapping and death of Charles Augustus Lindbergh, Jr., the baby son of pilot Charles Lindbergh.  He was electrocuted in New Jersey State Prison.
    1939 - "Mr. District Attorney" was heard for the first time on NBC radio. The serial about the ‘champion of the people' was originally a 15-minute nightly program. In June of 1939, the program went to a half-hour weekly format. "Mr. District Attorney" aired until 1952.
    1941 - Jan Berry was born William Jan Berry in LA.  He and Dean Torrance were the early rock ‘n’ roll team, Jan & Dean, and cranked out hit after hit:  “The Little Old Lady from Pasadena”, “Dead Man's Curve”, “Heart and Soul”, “Linda”, “Baby Talk”, “Surf City”.  On April 12, 1966, Berry received severe head injuries in an automobile accident on Whittier Drive, just a short distance from Dead Man’s Curve in Beverly Hills, two years after the song had become a hit. A story line was that he was upset about his breakup with his girlfriend.  Berry was in a coma for nearly two months; he awoke on the morning of June 16, 1966.   Berry died in 2004.
(I went to University High School with him, played pick-up bass a few times, I believe for Bruce Johnson.)
    1941 - Birthday of lead singer for The Spinners, Philippe Wynne, Cincinnati, Ohio.
    1942 – Japanese forces began their brutal assault at Bataan against the US and Filipino troops. This represented the most intense phase of Japan’s invasion of the Philippines during the war.  In January 1942, Japanese forces invaded Luzon and several islands in the Philippine Archipelago after the bombing of Pearl Harbor.  The commander-in-chief of all Filipino and American forces in the islands, General Douglas MacArthur, consolidated all of his Luzon-based units on the Bataan Peninsula to fight against the Japanese invaders.  By this time, the Japanese controlled nearly all of Southeast Asia.  Bataan and Corregidor were the only remaining Allied strongholds in the region.  Despite a lack of supplies, Filipino-American forces managed to fight the Japanese for three-months, engaging them initially in a fighting retreat southward. As the combined Filipino and American forces made a last stand, the delay cost the Japanese valuable time and prohibited immediate victory across the Pacific. The surrender at Bataan was the largest in American and Filipino military histories and was the largest United States surrender since the Civil War at Harper’s Ferry.  Soon afterwards, Filipino and American POWs were forced into the Bataan Death March.  On the night of 12 March, General MacArthur, his family, and several USAFFE staff officers left Corregidor for Mindanao.   MacArthur was eventually flown to Australia where he broadcast to the Filipino people his famous "I Shall Return" promise.    1942 - "People Are Funny" was first heard on NBC radio. Art Baker was the show's first host. Art Linkletter took over the popular program on radio in 1943 and later moved it to television.
    1942 - Birthday of singer (Carson) Wayne Newton, born Roanoke, VA
    1942 – Singer Billy Joe Royal was born in Valdosta, GA.
    1944 - Birthday of singer Tony Orlando, New York, NY.  Lead singer of Dawn, later known as Tony Orlando and Dawn: “Tie A Yellow Ribbon Round The Ole Oak Tree”, “Sweet Gypsy Rose”, “He Don't Love You”, “Who's In The Strawberry Patch With Sally”, “Cupid”, “Steppin' Out (Gonna Boogie Tonight)” and “Mornin' Beautiful”.
    1944 - The US Supreme Court, in an 8-1 ruling, declared that African-Americans could not be barred from voting in the Texas Democratic primaries. The high court repudiated the contention that political parties are private associations and held that discrimination against blacks violated the 15th Amendment.
    1945 - WETZEL, WALTER C., Medal of Honor
Rank and organization: Private First Class, U.S. Army, 13th Infantry, 8th Infantry Division. Place and date: Birken, Germany, 3 April 1945. Entered service at: Roseville, Mich. Birth: Huntington, W. Va. G.O. No.: 21, 26 February 1946. Citation: Pfc. Wetzel, an acting squad leader with the Antitank Company of the 13th Infantry, was guarding his platoon's command post in a house at Birken, Germany, during the early morning hours of 3 April 1945, when he detected strong enemy forces moving in to attack. He ran into the house, alerted the occupants and immediately began defending the post against heavy automatic weapons fire coming from the hostile troops. Under cover of darkness the Germans forced their way close to the building where they hurled grenades, 2 of which landed in the room where Pfc. Wetzel and the others had taken up firing positions. Shouting a warning to his fellow soldiers, Pfc. Wetzel threw himself on the grenades and, as they exploded, absorbed their entire blast, suffering wounds from which he died. The supreme gallantry of Pfc. Wetzel saved his comrades from death or serious injury and made it possible for them to continue the defense of the command post and break the power of a dangerous local counterthrust by the enemy. His unhesitating sacrifice of his life was in keeping with the U.S. Army's highest traditions of bravery and heroism.
    1946 – Japanese Lt. Gen. Masaharu Homma was executed in the Philippines for leading the Bataan Death march.
    1948 - Suggested by Secretary of State George C. Marshall in a speech at Harvard, June 5, 1947, the legislation for the European Recovery Program, popularly known as the Marshall Plan.  It was signed by President Truman today into law. After distributing more than $12 billion, the program ended in 1952.
    1949 - Lyle Martin Alzado, football player born at New York, NY. Alzado grew up on Long Island and graduated from Yankton College in South Dakota with a bachelor's degree in special education. He played football, earning Little All-America honors, and was drafted in 1971 by the Denver Broncos. Alzado gained fame as part of Denver's “Orange Crush” defense and for his fierce demeanor. He was traded to the Cleveland Browns in 1979 and in 1982 to the Los Angeles Raiders. After retiring at the end of the 1985 season, Alzado acted in movies. He was diagnosed with brain cancer in 1991, which he attributed to a lifetime of steroid usage. He spent the last months of his life campaigning against steroids and human growth hormone. Died at Lake Oswego, OR, May 14, 1992.
    1952 - Harry Belafonte recorded his first songs for RCA Victor at Manhattan Center in New York City.
    1953 - For the first time, Radnor, Pennsylvania's "TV Guide" was published. In its first year, the publication reached a circulation of 1,500,000 readers.
    1955 - Fred Astaire made his television debut on "The Toast of the Town", hosted by Ed Sullivan. Already an established dancer in films, Astaire quickly became a television sensation too.
    1955 – The American ACLU announced that it will defend Allen Ginsburg’s book “Howl” against obscenity charges.
    1956 - Elvis Presley makes the first of two appearances on "The Milton Berle Show," Presley sings "Heartbreak Hotel," "Money, Honey" and "Blue Suede Shoes" and earns $5,000. It's estimated one out of every four Americans sees his performance.
    1957 - Top Hits
“Little Darlin'” - The Diamonds
“All Shook Up” - Elvis Presley
“Gone” - Ferlin Husky
“There You Go” - Johnny Cash
    1960 - The Everly Brothers, later named by the Beatles and Rolling Stone Keith Richards as prime influences, make their British concert debut, kicking off their first U.K. tour. Paul Simon and Art Garfunkle also stated they started out singing to follow their idols, the Everly Brothers (who they brought along in the concert re-union across the country.)
    1960 - Elvis Presley enters a Nashville studio where he records "It's Now or Never" and "Are You Lonesome Tonight?"
    1961 - Birthday of comedian Eddie Murphy, Brooklyn, NY.
    1962 - “The Birmingham Resistance.” In retaliation against a black boycott of downtown stores, the Birmingham, AL, City Commission voted not to pay the city's $45,000 share of a $100,000 county program which supplied surplus food to the needy. More than 90 percent of the recipients of aid were black. When the NAACP protested the Commission's decision, Birmingham Mayor Arthur J. Hanes dismissed their complaint as a "typical reaction from New York Socialist radicals."
    1962 - Race jockey Eddie Arcaro retired with 15,327 victories for total winnings of $12,265,455. Arcaro had the distinction to be the first jockey to win 3,000 races and the first to ride five Kentucky Derby winners including: Lawrin, Whirl-a-Way, Hoop Jr., Citation and Hill Gail.
    1963 - Martin Luther King, Jr., launches voter registration drive in Birmingham, Alabama, Police Chief "Bull" Connor responds with fire hoses & attack dogs. Sit-ins and demonstrations were begun by Southern Christian Leadership Conference (SCLC) and volunteers. The progressive city government and Connor will get an injunction to prevent demonstrations on April 11, and King and many others will be jailed on the 12th for violating the injunction.
        1965 - One of the great all-time party classics, Sam the Sham (Domingo "Sam" Samudio) and the Pharaoh's "Wooly Bully" is released.
    1965 - Top Hits
“Stop! In the Name of Love” - The Supremes
“I'm Telling You Now” - Freddie & The Dreamers
“Shotgun” - Jr. Walker & The All Stars
“King of the Road” - Roger Miller
    1965 - Students at UC Berkeley circulated a flyer which claimed seismologist Dr. Charles Richter suggested the next big earthquake would be centered in the East Bay. It was a tongue-in-cheek ad for the Johnny Otis Show at Zellerbach Hall which, the flyer said, met all State earthquake requirements.
    1965 - Bob Dylan appeared on the pop music charts for the first time. "Subterranean Homesick Blues" entered the Top 40 at number 39. The song stayed on the charts for eight weeks. Dylan would chart a total of 12 singles on the pop charts between 1965 and 1979. He appeared in the films "Don't Look Back", "Eat the Document" and "Pat Garrett and Billy the Kid". He made the film "Renaldo and Clara" in 1978. Dylan co-starred in the film "Hearts of Fire" in 1987. He became a member of the Traveling Wilburys and was inducted into the Rock and Roll Hall of Fame in 1988. Dylan won the Grammy's Lifetime Achievement Award in 1991.
    1968 - “2001: A Space Odyssey” premiered. Directed by Stanley Kubrick, this influential film has elicited many different interpretations. Sci-fi novelist Arthur C. Clarke based the screenplay on his 1966 book which was prescient in several ways. Written before men had landed on the moon, Clarke describes an expedition launched to Jupiter to track a mysterious signal emanating from the moon. Clarke gave the world's population as six billion (achieved in 1999) and described a space station (the US was at that time building one with Russia). During a flight, a character reads the news on his electronic news pad. The film starred Keir Dullea, William Sylvester, Gary Lockwood, Daniel Richter and HAL 9000, the creepy computer that had human emotions. The theme music was Richard Strauss's “Also Sprach Zarathrustra”.      
    1969 - 7,000 Illinois National Guardsmen mobilized to quell a wave of shooting, stoning and looting that broke out in black neighborhoods of Chicago in response to alleged police brutality.
    1968 – Martin Luther King, Jr. delivered his speech, “I’ve Been to the Mountaintop”
    1971 -The Temptations hit the top of the Billboard Pop chart for the third and final time with "Just My Imagination". They would place 11 more songs in the US Top 40 over the next 20 years.
    1973 - Capitol Records issued two Beatles' greatest hits packages - "The Beatles: 1962-1966" and "The Beatles: 1967-1970."
    1973 - Top Hits
“Killing Me Softly with His Song” - Roberta Flack
“Also Sprach Zarathustra (2001)” - Deodato
“Neither One of Us (Wants to Be the First to Say Goodbye)” - Gladys Knight & The Pips
“Keep Me in Mind” - Lynn Anderson
    1973 – Motorola’s Martin Cooper made the first call using a handheld mobile phone to Joel Engel of Bell Labs.  It took ten years for the DynaTAC 8000X to become the first such phone to be commercially released.
    1974 - Patty Hearst announces in a taped message to a Berkeley radio station that she has joined her kidnappers, the Symbionese Liberation Army (SLA): "I would never choose to live the rest of my life surrounded by pigs like the Hearsts".
    1974 - A "Super-Outbreak" of tornadoes ravaged the Midwest and the eastern U.S. Severe weather erupted early in the afternoon and continued through the next day. Severe thunderstorms spawned 148 tornadoes from Alabama to Michigan, most of which occurred between 1 PM (CST) on the 3rd and 1 AM on the 4th. The tornadoes killed 315 persons, injured 5300 others, and caused 600 million dollars damage. Alabama, Kentucky and Ohio were especially hard hit in the tornado outbreak. One tornado destroyed half of the town of Xenia, OH killing 34 persons. Another tornado, near the town of Stamping Ground, KY, produced a path of destruction a record five miles in width. A tornado raced through Guin, AL at a speed of 75 mph. Two powerful tornadoes roared across northern Alabama during the early evening hours, killing fifty persons and injuring 500 others. Some rescue vehicles responding to the first tornado were struck by the second.
    1975 – Bobby Fischer refused to play chess against Russian Anatoly Karpov, giving Karpov the title of World Champion by default.
    1976 - Johnnie Taylor's "Disco Lady" climbed to number one on the Billboard Pop chart. It would become the first disc to be given the newly introduced Platinum Award by The Recording Industry Association of America.
    1978 – 50th Anniversary of the Academy Awards at the Dorothy Chandler Pavilion, with Bob Hope as the host of the festivities. Although "Star Wars" was nominated in 10 categories including Best Picture. "Annie Hall" (Charles H. Joffe, Producer) won the top award, as well as Oscars for Best Director (Woody Allen); Best Actress (Diane Keaton); and Best Writing, Screenplay Written Directly for the Screen (Woody Allen, Marshall Brickman. The Best Actor statuette went to Richard Dreyfuss for his performance in "The Goodbye Girl"; Jason Robards was acclaimed as the Best Actor in a Supporting Role ("Julia"); his supporting co-star, Vanessa Redgrave, also took home the golden boy; as did Joseph Brooks for Best Music/Song: "You Light Up My Life" from the movie with the same title. "Star Wars" was honored with six Academy Awards plus the Special Achievement honor to Benjamin Burtt, Jr. for Sound Effects (for the creation of the alien, creature and robot voices) which he shared with Frank Warner ("Close Encounters of the Third Kind" - Sound Effects Editing). The other Academy Awards for "Star Wars" were: Best Music/Original Score (John Williams); Best Effects/Visual Effects (John Stears, John Dykstra, Richard Edlund, Grant McCune, Robert Blalack); Best Film Editing (Paul Hirsch, Marcia Lucas, Richard Chew); Best Sound (Don MacDougall, Ray West, Bob Minkler, Derek Ball); Best Costume Design (John Mollo); Best Art Direction-Set Decoration (John Barry, Norman Reynolds, Leslie Dilley, Roger Christian).
    1979 - Jane Byrne became the first female mayor in Chicago's history.
    1979 - Van Halen's "Van Halen II" goes gold just five days before the band takes off on a triumphant ten-month tour. The long trip is the opposite of the way Van Halen records. For their second LP, they took a mere six days in the studio, one-third the time required for their first album.
    1981 – “Atlantic City”, starring Burt Lancaster and Susan Sarandon, and directed by Louis Malle, opened in theaters through the country. The film won the Los Angeles Film Critics Association Awards for Best Actor, Best Picture, and Best Screenplay, and was nominated for five Oscars, although it was edged out.
    1981 - Top Hits
“Rapture” - Blondie
“Woman” - John Lennon
“The Best of Times” - Styx
“Texas Women” - Hank Williams, Jr.
    1981 – The Osborne I, the first successful portable computer, was unveiled in San Francisco. Did some leasing, until we saw financial
states with high inventory.  He made the mistake of announcing a
major improvement, before ready to ship, as well as just having
shipped to dealers the older version to become obsolete.
    1982 - John Chancellor stepped down as anchor of the "The NBC Nightly News". Roger Mudd and Tom Brokaw assumed roles as co-anchors.
    1982 - Gilbert Perreault of the Buffalo Sabres scored the 1,000th point of his NHL career, an assist in the Bruins' 7-4 victory over the Toronto Maple Leafs. Ratelle finished his career with 1,267 points and entered the Hockey hall of Fame in 1985.
    1985 - The famed Brown Derby restaurant in Hollywood closed on this day, after 57 years. All of the furnishings were kept, including famous Booth #5 -- where Clark Gable proposed to Carole Lombard.
    1987 - The New Jersey Nets honored former Net Julius “Dr. J” Erving by retiring his number, 32. The ceremony occurred during a game against the Philadelphia 76ers, the team with whom Irving was finishing his 16-year career.
    1988 - The Traveling Wilburys record "Handle With Care" in Malibu, Florida. The Quintet is comprised of Nelson (George Harrison), Lucky (Bob Dylan), Otis (Jeff Lynn), Charlie (Tom Petty) and Lefty (Roy Orbison).
    1989 - Thunderstorms produced severe weather from the Southern Plains to the southern and central Appalachians. The thunderstorms spawned twenty tornadoes, including one which caused eight million dollars damage at Fort Branch IN.
    1989 - Top Hits
“Eternal Flame” - Bangles
“Girl You Know It's True” - Milli Vanilli
“The Look” - Roxette
“Baby's Gotten Good at Goodbye” - George Strait
    1990 - Rain and snow prevailed in the northeastern U.S., with snow reported in New York State. Boston was soaked with 2.91 inches of rain during the day and night, and up to half a foot of snow blanketed the hills of Steuben County, NY that Tuesday night.
    1991 - The UN Security Council approved a Gulf cease-fire resolution stripping Iraq of weapons of mass destruction, impounding part of its oil revenues to pay reparations and paving the way for the withdrawal of United States occupation troops.
    1993 - Ray Charles became the first performer to have hits on Billboard's charts in six different decades when his version of Leon Russell's "A Song for You" entered the R&B singles chart.  Charles had his first R'n'B charter in April, 1949 with "Confession Blues" as a member of the Maxine Trio.
    1994 - After 37 years with CBS, newsman Charles Kuralt retired. The 59-year-old anchor made his final appearance on the CBS weekend news show, “Sunday Morning”, in order to pursue travel and book-writing plans. He said he wanted to visit some of his favorite small towns in the country that he had done news stories on over the years. Kuralt, with his unique, deeply melodic voice and eloquent delivery, was best known for his homey “On the Road” broadcasts which focused on the small towns of America. He was replaced by Charles Osgood. Upon his retirement, he stated that the John Steinbeck book “Travels with Charlie” was the inspiration of the series. Surprisingly after his death, it was revealed that he was married to two separate women with separate families and neither knew about the other family. He had been living this secret life for over 25 years.
    1995 - U.S. Supreme Court Justice Sandra Day O'Connor became the first woman to preside over the US high court when she sat in for Chief Justice William H. Rehnquist and second-in-seniority Justice John Paul Stevens when both were out of town.
    1996 - In one of the biggest Rock n' Roll turnarounds, Rapper Hammer (formerly known as M.C. Hammer) files for bankruptcy.
    1996 - A plane carrying United States Commerce Secretary Ron Brown crashed in Croatia, killing all 29 passengers and six crew members aboard.
    1996 – The Unabomber, Ted Kaczynski, was captured at his cabin in Montana.
    2000 – Microsoft was ruled to have violated anti-trust laws by keeping "an oppressive thumb" on its competitors.
    2008 - With her 18th chart-topping hit, "Touch My Body", 38 year old Mariah Carey passed Elvis Presley for the most number one songs on the Billboard singles chart, placing her second only to The Beatles.
    2008 – ATA Airlines, once of the ten largest U.S. passenger airlines and largest charter airline, filed for bankruptcy for the second time in five years and ceases all operations.
    2008 – Texas law enforcement cordoned off the FLDS’ YFZ Ranch. Eventually 533 women and children will be removed and taken into state custody.
    2009 - Jiverly Antares Wong opened fire at an American Civic Assn immigration center in Binghamton, NY, killing thirteen and wounding four before committing suicide.

NCAA Basketball Champions
    1988 - Michigan
    1995 - UCLA

Stanley Cup Champions
    1930 - Montreal Canadiens



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