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Independent, unbiased and fair news about the Leasing Industry

General Legal Counsel
National Bank Holding Company in Southern California
10+ yrs exp. commercial finance/leasing industry.
Background in employment law, contract origination,bankruptcy litigation/ must possess
an immense veracity, extensive understanding on
wide range of legal issues and business experience.
Salary requirements + resume:

Tuesday, August 28, 2012

Today's Equipment Leasing Headlines

   Classified Ads---Controller
 --One World/ELFA are also members
  Sales Make it Happen---by Christopher Menkin
   "Get Yourself a Warehouse Line"
      Lessor Gets Revenge on First Payment Default Lessee
      by Tom McCurnin, Esq
  Career Crossroad—
   “When do I ask about compensation?”
     Classified Ads--Help Wanted
 PacTrust Bank Awards Lease Portfolio Service Contract
  to Orion First Financial
   Jeff Rudin announces 2013 June Jazz Cruise
     Leasing 102 by Mr. Terry Winders, CLP
     “Legal Contract Issues”
    Top Stories August 20--25
  Orange County Attorney Sentenced to Six Months
   for Failing to File a Federal Income Tax Return
     Australian Shepherd Mix
     Louisville, Kentucky Adopt-a-Dog
      Peter wins best Kona Coffee Poem
News Briefs
 Hertz buying Dollar Thrifty for about $2.3 billion
  HP, Dell: PC makers in desperate need of a reboot
   Robin Williams puts Sonoma estate up for sale $35 million

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months

  You May have Missed---
   SparkPeople--Live Healthier and Longer
    Sports Briefs---
     Baseball Poem
      California Nuts Brief---
       "Gimme that Wine"    
          This Day in American History
           Daily Puzzle
               Weather, USA or specific area
                 Traffic Live----

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer. It is considered “bias” as it is the writer’s viewpoint.



Classified Ads---Controller

(These ads are “free” to those seeking employment or looking
to improve their position)

Chicago, IL
experienced in lease accounting, operations, management, and Sarbanes-Oxley. Seeking position with equipment lessor. Would consider contract assignments or relocating. 
Southeastern, MI
Controller & Management experience w/ equip lessors &broker. MBA, CPA w/ extensive accounting, management, securitization experience with public and private companies. Willing to relocate. 

Southern CA
20 years exp. as hands-on leasing CFO, managing accounting, treasury, FP&A, including securitizations, Great Plains/FRx, budgets, risk management.  MBA.  Also available as interim Controller/CFO, consultant. 

Free Posting for those seeking employment in Leasing:

All “free” categories “job wanted” ads:


One World/ELFA are also members

NAELB Board of Directors

The National Association of Equipment Leasing Brokers (NAELB) has announced it has become an approved "Associate Member" of the Independent Community Bankers of America (ICBA). As of July 31, 2012, NAELB was composed of 423 brokers, 85 funding sources, 21 associates, and 4 additional brokers. Only NAELB "broker members" can vote on issues as the association is primarily dedicated to broker members.

It was noted in the announcement with an asterisk: " * NAELB is an Associate Member of ICBA, but only broker members who have joined ICBA directly can represent that they are members themselves. Call NAELB Headquarters for further clarification."

The announcement also stated:
"Here are 5 great reasons referrals from your local community banker are some of the best referrals you'll get:

  • "Qualified referrals from established community bank relationships.

  • The applicant will be more cooperative with you and more prepared to give you whatever you need to get them approved. Information already provided to the community bank simply gets handed over to you. All the information is already available.

  • You'll get opportunities to introduce yourself to new vendors you haven't worked with previously. New customers, new vendors, new contacts and new referrals!

  • The banker gets to keep the customer's other banking business. Happy Banker, Happy Customer, Happy Vendor means more business for you!

"NAELB Funding Sources LOVE applicants that were referred to you by bankers.

"Community bankers are EXTREMELY RELUCTANT to turn down bank customers' requests for funding. When banks cannot fund, due to credit, collateral or limitations in the bank's lending policy, YOU CAN BE EVERYONE'S HERO.

"Show your banker how working with NAELB brokers is a win/win for the banker and their customer!"

Jim Borland, 71, President/Founder of U.S. Energy Capital, Greensboro, Georgia, as well as co-founder and first president of NAELB, noted his company is an active member of One World Business Finance (formerly One World Leasing), a leasing co-up, and March 16, 2011 announced the co-op had been selected by ICBA ", as a Preferred Service Provider (PSP) for community bank equipment leasing and financing opportunities:

“ICBA is pleased to announce OneWorld Business Finance as a Preferred Service Provider,” said Dan Clancy, ICBA senior vice president of services. “OneWorld will enable ICBA member banks to compete for leases and equipment finance transactions from its customers through OneWorld’s leasing exchange, an ICBA leasing resource, and allow them to fund loans secured by equipment leases.”

Borland told Leasing News they had been introduced to some "significant funding sources," which has made a profound impact on members business and abilities, as well as relationships with community banks.

He said One World relationship is two way, meaning they receive inquiries from banks whose customers are in need of loans and leases the banks need to help their customers. In fact, Bill Mapes of One World is full time in coordinating requests and assisting co-op members in the program. Members also refer business as well as new customers to their local banks.

In the March 16, 2011 announcement: Lou Manitzas, president of OneWorld Business Finance said, “OneWorld will provide ICBA member banks with competitive advantages in the marketplace. We are able to accomplish this by insisting on the highest ethical standards and business practices, which have been used to negotiate preferred and unique funding channels and programs with a wide national network of commercial lenders, banks and independent businesses.”

In addition to belonging to ICBA, One World is also a member of the Equipment Leasing and Finance Association, National Association of Equipment Leasing Brokers as well as the National Equipment Finance Association.

One World Business Finance is part of ICBA Preferred Service Providers, listed under "Funding" as well as "Lending," and "Compliance & Bank Operation Solutions"

There are 377 Corporate Associate members

The Equipment Leasing and Finance Association is listed as a one of the Select Corporate Members (They have also been actively seeking bank members, particularly from the American Bankers

Association (1):

Joining the group now is the National Association of Equipment Leasing Brokers, listed also as one of the Select Corporate Associate Members:

Neither the Commercial Finance Association nor National Equipment Finance Association belong to the Independent Community Bankers Association.

  1. Ad in the American Banker Magazine:

Offer to community banks:



Sales Make it Happen --- by Christopher Menkin

“Get yourself a Warehouse Line”

A Warehouse Line enables you to “fund leases” to discount or borrow against recourse or non-recourse with specific stipulations.

Before getting into this aspect and its history, a “Warehouse Line” allows you also to pay a seller of equipment much faster than waiting for all paperwork to be complete, speeding up the process tremendously. In this tightening money situation, it gives you the ability to pay vendors half with the order, or to form a multi-lease, paying in any increments you choose. Today vendors are hungry for cash, plus also becoming even more particular in how fast they are going to be paid. This is a tremendous advantage in the street.

While some funders offer this today, including an interest only form on the money advanced, the profit comes in not only being able to attract more vendors, control the rate and margin of the transaction, but in additional profits by using the lease factor on the money advanced in the lease factor. In addition, in better control of the sale of the “master lease” and its advantages,
often a fee of 2% can be included. This is not an uncommon practice in the financial industry. Encourage more “master leases” from multiply vendors.

Not only does the “Warehouse Line” allow you to create more sales, but more income too. You are not only collecting on the increase rate in the sell, but the principal too (which is all profit in interim rent.)

Many banks and funders will issue these lines of credit based on viewing the credit of the company obtaining the “master lease” and/or viewing the approval from the company who is going to fund the transaction, rather than your own net worth or history. Of course, the better your credit, net worth, and history, the larger the line of credit, better terms, and perhaps even several warehouse lines of credit.

When you are able, have a second bank, which will help in negotiations with the first bank, and perhaps more importantly, if one bank changes the terms and conditions, you have a second backup with no business disruption.

Again, it depends on your personal and/or company’s creditworthiness as to what you may obtain. It also depends if it is a community bank or regional bank or your personal relationship, meaning your network of friends.

The idea is to start, manage it well, and with history be able to increase the line of credit.

The first pitfall is credit changes before the final “take out” transaction is completed. Rate changes can be protected, but say in collecting the “interim rent” the check bounces. The master lease takes six months, not two, or even longer. You learn there is fraud involved.
There are a long lists of other things that can go wrong.

It is best to start small, funding solid credits in advance to obtain the vendor business, learning the mechanics, and getting your feet wet. The more transactions you do, the more experience you will gain in what you overlooked and what can go wrong.

Another piece of advice is to only use the line for lessees an hour driving distance from your office. You can visit them. See what is going on. Have a better relationship and anticipate pitfalls.

You can also have a recourse line, as the credit may expire, and you are either allowed to keep the transaction in your warehouse line or have a recourse line to carry your own leases. This is
extremely dangerous in this economy. Be prepared to drive every month to the lessee to pick up a check and “hammer” it in their bank ( I have done this too many times to recount.)

Do not jump in nationwide thinking that a top credit will protect you. It is naïve. Youl find out the hard way as staffs grow because problems grow. It may look easy, but it is definitely not.
Be very careful. Be scared.

The “Warehouse Line” has many other uses today. It has enabled small lessors to both get away from recourse lines and seek non-recourse lines, often at lower rates, plus attract more
sales either directly and/or through others lessors in different marketplaces. Before computer software accounting, lessor non-recourse was on a “deal by deal basis,” although there were larger lessors and banks who could collect a large number of leases and “lay them off” in $1 million and $5 million portfolio’s. Computer software brought this down to $500,000, and giving the lessor more sources for various collections of portfolio’s. Today minimums can be $100,000 for small ticket items.

The warehouse line has created many brokers who call themselves lessors, and even funders. In reality, if you are not full recourse, meaning if the lease defaults, you payoff the transaction ( not trade it for another or pay it down over time) you are a broker with a warehouse line. Maybe you might be collecting the personal property tax or keeping up to date on the insurance or assisting or even making the collection calls, if you have to pay it back with cash, then you are a funder. It is really your money, not someone else’s.

Most of the leasing companies today use a warehouse line to either securitize or sell portfolio’s or use them for a larger line of credit, basically another warehouse line in reality. It often is also a
means to take a “deal off the street” while a search is made for the “take out.”

The accounting, operations, information required large staffs, a lot of overhead, so the players were limited, but as the computers grew fast, processed more, retained more, programs were written that controlled the accounting, accountability, and statistics of the leases. This enabled more non-recourse transactions, as well as making it economical for others to buy in smaller increments, particularly useful in the small ticket marketplace. It enable securitization of leases in smaller portfolio’s which could be bundled and re-sold again just like in real property mortgages. It also enabled, as Bill Gates originally said, a very small operation to compete with a very large operation.

Sales Makes it Happen articles:



Lessor Gets Revenge on First Payment Default Lessee

by Tom McCurnin, Esq.
Barton, Klugman & Oetting
Los Angeles, California

First Payment Default Held to Constitute a Non-Dischargeable Debt

First payment defaults. I hate them. Sure you can sue the guy and get a judgment, but what if he’s uncollectable and the equipment is gone? What if he files Bankruptcy?

A New Mexico case exacted revenge on the first payment default, based on false pretenses. The case is In re Slade, 471 B.R. 626 (Bkrtcy. D. N.M. 2012).

The problem is that once the lessee files Bankruptcy, the lessor has to prove fraud. Fraud, short of submitting false financials is difficult. Proving fraud, that the lessee never intended to pay the lessor anything is challenging. Proving that kind of fraud in a Bankruptcy Court is just impossible. But in Slade, the lessor had some good facts, good documents, a slippery lessee, and a good judge. In short, the stars lined up for the lessor.

While there are some similar decisions regarding credit card advances (which are more obvious), this is the first decision of its kind to hold that a first payment default can justify a non-dischargeable judgment in Bankruptcy.

CAGO was a financial institution financing equipment through leases. Raymond Slade operated a gravel mine and entered into an equipment lease for a Trackhoe in 2005 with CAGO. Mr. Slade did not make a single payment on the lease, and the Trackhoe mysteriously disappeared. Mr. Slade filed a Chapter 7 Bankruptcy shortly thereafter.

CAGO filed an adversary action to declare the debt non- dischargeable, claiming that Mr. Slade misrepresented his intention to make payments under the lease, essentially obtaining property under false pretenses.

It was clear that Slade made the promise to pay, but his mental state was at issue. Did he have the intent to perform? Slade argued that it was just bad luck he couldn’t pay.

The lessor proved that Slade had an ongoing business with revenue and receivables. Slade was also paying his other creditors and employees at the time of the lease. In addition there were some incriminating conversations with Slade’s employees who wanted no part of this guy.

The Court therefore found Mr. Slade made the representation with knowledge of its falsity and with intent to deceive. Once that was established, the other elements of justifiable reliance and damages were easy to prove.

The Court could not locate another decision which justified a non-dischargeable judgment for a first payment default, so this may be a first. The only thing close to this is the case of In re Sutherland Minor, 345 B.R. 348 (Bkrtcy. D.Colo. 2006) [Obtaining public assistance based on false statement].

For equipment lessors making hard money loans of this type, the lessons of this case are two-fold. First, know your customer. The lessor should underwrite the deal to build in costs of collection and/or chasing the equipment. Second, always get current financial statements, operating statements, and other financial records. Those records played an important role in this case, so the lessor could prove that Slade made a promise that he could easily perform, but he never intended to pay the lessor a cent.

Tom McCurnin
Barton, Klugman & Oetting
Los Angeles, California
Voice: (213) 621-4000
Fax (213) 625-1832

Visit our Web Site at

Court Case:

Previous Tom McCurnin Articles:


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



Career Crossroad—
“When do I ask about compensation?”

Question: When interviewing, can I ask upfront about compensation?

Answer: In short, NO! Never bring up compensation unless the hiring manager/potential employer does. They typically will have your current (last) compensation information from the application you have filled out. Make sure these numbers are accurate – as they can be verified!

A first interview is ALL about what you can bring to the table and the value you can provide the company. It is about presenting yourself as a potential asset to the company. If handled correctly, this will lead to a second interview! Remember, the goal is the second interview.

You can then approach the second interview with such questions and inquiries about what the company can do for you …. This is when you can bring up compensation---but only IF they have not done so already; lead gently into the conversation towards the end of the interview. I would also state if the interviewer hasn’t brought it up in the second interview, which may mean they are not interested or a further interview or process is required.

Also note: most applications address your salary (current compensation/desired salary). To avoid getting yourself “kicked” out of the running, I suggest leaving that area “open”; e.g. “open to competitive salary offerings.”

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
Connect on LinkedIn:
Recruiters International, Inc
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns




Leasing Industry Help Wanted

General Legal Counsel
National Bank Holding Company in Southern California
10+ yrs exp. commercial finance/leasing industry.
Background in employment law, contract origination,bankruptcy litigation/ must possess
an immense veracity, extensive understanding on
wide range of legal issues and business experience.
Salary requirements + resume:

For information on placing a help wanted ad, please click here:

Please see our Job Wanted section for possible new employees.



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

PacTrust Bank Awards Lease Portfolio Service Contract
to Orion First Financial

GIG HARBOR, WASH., - Orion First Financial, LLC confirmed today that it has contracted with Pac Trust Bank to begin servicing equipment lease and loan contracts. Servicing of the PacTrust accounts became effective August 1, 2012.

PacTrust Bank's (formerly Pacific Trust Bank) expansions into the small ticket equipment finance space meant that teaming with an expert servicer of these accounts was on the horizon—enter Orion First Financial. PacTrust expects its small ticket portfolio volume to grow to eight digits by years end.

David Normandin, Sr. VP, PacTrust Bank

“PacTrust Bank is excited to partner with Orion First Financial for servicing of our growing equipment leasing business. We are confident that the strong knowledge, skills and abilities of Orion’s staff are a great fit to partner with PacTrust in delivering Service, Choice, Value and Trust to our customers,” said David Normandin, Senior Vice President of PacTrust Bank.

Shannon Green, CLP, Pres. Orion First Financial

Orion First Financial, located in Gig Harbor, WA, is an independent servicer for the equipment finance industry. “We are proud of our role in supporting small business lending and our reputation for service quality. We are very pleased to see that reputation growing among banks,” said Shannon Green, CLP, President of Orion First Financial.

Orion First Financial is a highly regarded independent servicer for the equipment finance industry. Orion differentiates itself from other lease servicing companies through its experience and expertise in small business credit, using proven management processes to minimize portfolio delinquencies and reduce losses for maximum profitability.

About Orion First Financial, LLC
Orion First Financial is a service provider leader in the small ticket equipment finance industry. Orion specializes in underwriting, lease servicing, special assets services and strategic advisory within the equipment finance industry. As a multifaceted and innovative equipment finance company, Orion can effectively engage with Leasing Companies, Equipment Vendors/Manufacturers, Banks and Financial Institutions. Orion’s skilled team, efficient technology platform and best practices approach, generate exceptional industry performance metrics that translate into better profits, less stress and enriched customer relationships for their clients. For more information about Orion First Financial, LLC please go to

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



Jeff Rudin announces 2013 June Jazz Cruise

Join leasing colleague Jeff Rudin friends, family, and jazz fans on his first annual Divine Jazz Cruise featuring the world renowned Clayton-Hamilton Jazz Orchestra and the incomparable Barbara Morrison with her trio aboard the beautiful Celebrity Solstice to Alaska. Roundtrip from Seattle June 21-28, 2013.

This is a one of a kind cruise with exclusive private concerts and one of a kind experience with our musicians not to mention the wonderful cruise to Alaska.

Jeff Rudin
cell: (818) 825-5764




Leasing 102
by Mr. Terry Winders, CLP

“Legal Contract Issues”

Article 2A (A2) deals with requirements only on “legal leases” therefore any lease that does not meet the definition of a legal lease becomes an article 9 disguised sales agreement. The difference in the two Articles is the question of ownership and the rights of ownership. The lessor is an owner under 2A and a lender under Article 9 where the lessee is considered the owner. This is very important, as readers may have seen in recent articles by attorney Tom McCurnin.

Ownership also carries responsibilities. 2A views two types of leases: two party leases and three party leases (referred to as finance leases). If you are the owner of the equipment then are you responsible for the equipment’s performance, during the lease term, and how does this affect your documentation?

If you are a three party lease, it is assumed that there is a lessee, a vendor (equipment vendor), and a lessor (providing the cost of the equipment for the lessee and takes ownership). Therefore, it is called a finance lease. One of the requirements for a lessor (with a net lease), who becomes the owner. A good way is to avoid responsibility for equipment performance is to make the maintenance warrantees (supply contract), provided by the vendor, available to the lessee.

Just because the lessor includes a phrase in the lease agreement that passes the supply contract to the lessee does not allow the lessee to handle a claim for equipment performance unless the vendor has agreed to accept it. This is usually handled in the purchase order with a requirement that the vendor provide the supply contract to both the lessee and the lessor.

If you are writing a two party lease then the lessor is also the equipment supplier and responsible for equipment performance. This usually does not come into effect in net leases offered by lessors under a three party lease. Therefore most two party leases are only offered by vendors. Many vendors establish captive lessors as separate companies to move to a three party lease to protect the financial source form performance issues.

It should be noted that if a lessor attempts to lease returned off lease equipment they will be the equipment supplier and will be a two party lease and take on the risk of equipment performance unless the lease agreement has language that has the lessee agreeing to “as is, where is” and then it is not totally protective. This is why most after return equipment is sold under Article 9 requirements.

To be a legal 2A lease the term must be lower than 80% of the equipment’s useful life and must not have a bargain purchase option. Return requirements may not be so onerous that it is cheaper to purchase the equipment than to return it.

The advantage to a 2A legal lease comes when default occurs and ownership issues are paramount. I recommend that your lease contract be reviewed at least once a year by an attorney who specializes in leasing and finance. It is also a very good idea when learning about a legal case, or having a hunch about some situations you are observing, to contact your lease attorney as in protecting your own health, early prevention is the best cure.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at or 502-327-8666.

He invites your questions and queries.

Previous #102 Columns:


Mr. Terry Winders available as Expert Witness. 35 years as a professional instructor to the top equipment leasing and finance companies in the United States, author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale.

Mr. Winders received his Master of Business Administration and his Bachelor of Science degrees from the College of Notre Dame.


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


Top Stories August 20--25

Here are the top ten stories opened by readers

(1) Archives August 20, 2002
Mike Cingari Back in the Leasing Business???

(2) Lessor of POS machines Snared in Class Action Suit
by Tom McCurnin, Esq.

(3) Leasing 102 by Mr. Terry Winders, CLP
Lease Company Policy”

(Tie) (4) Brief Background on CMC
by Christopher Menkin

(Tie) (4) CMC Attorney Back in the News
by Tom McCurnin, Esq.

(5) New Hires---Promotions

(6) Jeff Taylor's Leasing Predictions, Spring, 2006

(Tie) (7) 500 Registered for ELFA October 21 Conference
Attendee/Company List Now Available

(Tie) (7) Nullmeyer is back! Who is he?!

(8) CLP Spotlight - Shervin Rashti, CLP
Maxim Commercial Capital, LLC

(9) Lessor Prevails Against Chutzpa Defense
of Bank Approval of False Financial Statement
by Tom McCurnin, Esq.

(10) Guilty to $1 Million Investment Fraud Scheme
Scheme Used the Names of Prominent Politicians to Lure Investors



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

Orange County Attorney Sentenced to Six Months
for Failing to File a Federal Income Tax Return

Los Angeles- Kevin J. Mirecki, 53, was sentenced to six months federal custody, one year of supervised release, and ordered to pay restitution of $206,419 to the Internal Revenue Service (“IRS”). Mirecki was also fined $20,000 by U.S. District Judge Dale S. Fischer for his failure to file Federal income tax returns.

On February 9, 2009, Kevin Mirecki pleaded guilty to three counts of failing to file Federal tax returns. Mirecki failed to file an individual federal income tax return (Form 1040) and two corporate income tax returns (Forms 1120) for his companies Kevin J. Mirecki, Inc. and American & International Corporate Services (AICS). According to the plea agreement, Mirecki admitted he failed to report over $1.3 Million in personal income for years 2000 through 2003. Mirecki also admitted in the plea agreement that he created Genesis Fund Ltd. as a Nevis corporation and created trusts for four individuals charged in the March 2005 indictment.

On March 30, 2005, nine defendants were indicted in the investigation of the Genesis Fund in an 83-count Indictment charging violations of conspiracy, wire fraud, mail fraud, tax fraud, money laundering, obstruction and forfeiture statutes. Eight defendants pleaded guilty and one defendant was convicted of tax evasion after a jury trial in September, 2011. Sentences for these defendants ranged from 12 months probation to 62 months imprisonment.

According to court documents, the criminal investigation of Mirecki was initiated because of Mirecki’s persistent pattern of failing to file tax returns and pay income taxes even after IRS intervention. During this investigation it was learned that Mirecki had performed trust-related work for individuals involved with the Genesis Fund. Genesis Fund was marketed as an investment in foreign currency trading.

Mirecki received a lighter sentence today than many defendants in related cases due to his substantial assistance and testimony in the investigation and prosecution of criminally culpable individuals related to the Genesis Fund. Mirecki testified at a Federal criminal trial in another judicial district and testified for the government.

“Kevin J. Mirecki’s cooperation was valuable to federal law enforcement and assisted in the successful prosecution of multiple defendants and orders of restitution to investors and the IRS. Notwithstanding this cooperation, those who intentionally fail to file their tax returns and fail to pay taxes must know that there is a price to be paid, including time in prison. Today’s sentence reflects the nature and severity of the tax crimes committed by Mirecki, while at the same time reflecting the scope of his cooperation with the government. Mirecki’s sentence is meant to restore integrity and faith in the nation’s tax system”- Leslie P. DeMarco, Special Agent in Charge of IRS Criminal Investigation Los Angeles Field Office.

The investigation of Kevin J. Mirecki was conducted by IRS – Criminal Investigation in the Los Angeles Field Office and prosecuted by the Department of Justice Tax Division

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


Send Leasing News to a Colleague. We are free!!!


Australian Shepherd Mix
Louisville, Kentucky Adopt-a-Dog


Pet ID: A437230 • Spayed/Neutered
BEAU's Contact Info
Metro Animal Services, Louisville, KY

502-473-PETS (7387)


Adopt-a-Pet by Leasing Co. State/City

Adopt a Pet

• Contract Negotiations • Fraud Investigations 
• Credit Investigations • Skip-tracing 
• Third-party Commercial Collections
John Kenny 
Receivables Management

For flat fee or commissions basis | ph 315-866-1167|

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)




Peter wins best Kona Coffee Poem


My brother Peter, a published poet, religious columnist for several newspapers, as well as editor and writer of, won the Kona Coffee award for this poem:

Coffee, you flavor my life

by Peter Menkin

With the cup of coffee
...I am friends; usually we
meet with me the partaker
of this tasty liquid dark.

I think of you, coffee,
once beans, picked
in South America,
here to be ground right. You

fill the cup and saucer,
and stirring you is pleasure,
since I always intend first
sipping. This in remembrance
of my father, who said
I love coffee. He believed in hope. My wife, she

may by now have changed her tastes,
but when we were married in our
twenties she drank coffee

in the morning. Women like you
coffee, for I've known some
others who entertain your aromas

enjoying the heat like me
that you are when sipped, drunk
and go down the throat
giving taste buds a lasting
envelopment. Engage my mouth.

I remember her words: "Tug boat
coming 'round the bend!"
She went to a place
called St. John's Episcopal
where she learned to want peace.

There was one woman
I wanted to marry very
much, and she drank you
when we went all over the place:
coffee in a swank hotel, cool
hangout restaurants, petite
MaMa's exclusive lunch spot
on Maiden Lane San Francisco,
and regular coffee shop, too--tasty word
is what my family thought
of my desires to drink you

with her. Too bad she ran
away to another when South
of Houston in New York City.
She learned in Temple
about Hebrew and God is good.

Sparks drank it, you coffee
good in the morning at the wood
round table in her San Francisco
apartment, kitchen table simple.

Marry me, but not so.
My friend went away, she
a lover of jazz, God,
the morning, and Quaker life.

What funny combinations have come
my way, with you coffee. She
is gone. Sadly I miss her
announcements, punctuated with:
"Oh, my God!"
She learned about loving
and sharing, with laughter.

Tonight I will remember,
there is life before coffee.
Hear my prayer.


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News Briefs----


Hertz buying Dollar Thrifty for about $2.3 billion

HP, Dell: PC makers in desperate need of a reboot

Robin Williams puts Sonoma estate up for sale $35 million




You May Have Missed---

6 truths to know when choosing a bank



SparkPeople--Live Healthier and Longer

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Active Kids Do Better in School




Sports Briefs----

San Francisco 49ers not overly concerned with defensive woes

No TDs For Jets Again In 17-12 Loss To Panthers

Fans cheer Petaluma National's return from Little League World Series

Terrell Owens says to baby’s mother he must reduce financial obligation

Roethlisberger blames FieldTurf for DeCastro’s injury

Lance Armstrong Live---strong Donations Increase 25 Times Following Controversy


Gary DiLillo, President 440.871.0555 or

To learn more about the benefits of
outsourcing personal property tax, please click here.






Baseball Poem


Budweiser! he calls
between innings, between pitches,
between breaths

from Tim Peeler, from his book
“Touching All the Bases.” He has given us permission
to reproduce them.

From a soft cover 128 pages
with index published by
( they take two weeks to send, but you are helping
this company stay alive, or you can buy from
Amazon, for the same price, but perhaps faster
delivery. While they are all mostly baseball,
some are not. He is a unique American poet.
He lives in Hickory, North Carolina.



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This Day in History

       1565 - St Augustine Fla, oldest city in the US, was established.
    1609- Delaware Bay explored by Henry Hudson for the Netherlands . From the beginning a chief purpose of voyages to the New World was to find a trade route to the Far East . When it became clear that there was a large land mass between Europe and the East, the search for sea route became a search for the Northwest Passage, a way around the northern part of North America . Sir Martin Frobisher in 1576-1578 was the first European to search for such a route. John Davis made a similar attempt in 1585-1587. When Henry Hudson sailed up the Hudson River in 1609 he hoped he had found the route, and in 1610 when he discovered Hudson Bay , he was on a similar mission. In 1616 William Baffin discovered Baffin Bay, which many years later was to provide a key to the actual route, long after the Northwest Passage had lost any commercial appeal. 
    1676 - Indian chief King Philip, also known as Metacom, was killed by English soldiers, ending the war between Indians and colonists.
    1722-The hapless Jamaican town of Port Royal was devastated twice within a 30-year span by two natural disasters—an earth­quake in 1692 and a hurricane in 1722. The hurricane killed 400 townspeople and sunk 26 merchant ships. 
    1776-In the Battle of Long Island, New York , American forces commanded by General Israel Putnam and General John Sullivan were defeated by the British under General Sir William Howe and General Sir Henry Clinton. Howe took General Sullivan prisoner. On August 30, the Americans evacuated Long Island and crossed to Manhattan . 
    1798-If you haven't taken the wine test at , I suggest you do, but the only question not correct is it was not Ohio, but Kentucky in 1798 The first successful vineyard was established this date by John James Dufour on a tract of land consisting of about 630 acres situated 25 miles from Lexington, KY. He called it , “ The First Vineyard.” Dufour was one of the pioneer viticulturists in America , producing wine, which Thomas Jefferson said was one of the most “fruity” he 
had every tasted. Attempts to establish vineyards had been made as early as 1619 in Virginia , according to American history books. 
    1814 - The War of 1812 was still going strong, as the British continued their ransacking of America. By August 28, they had captured a large portion of the East Coast, including Washington, D.C., prompting New York banks to halt specie payments.
    1830-The first passenger locomotive build in the United States was the Tom Thumb, designed and built by Peter Cooper in Baltimore, MD. It weighed six tons and ha 30-inch driving wheel. Its gauge was 4 feet 8.5 inches. On this day it carried 26 passengers a distance of 13 miles over the tracks of the Baltimore and Ohio Railroad in 1 hour 15 minutes. It returned with 30 passengers in 61 minutes, including a four-minute stop to take on water. 
    1831---Birthday of Lucy Ware Webb Hayes, often recognized as the first American woman to hold a college degree (Wesleyan Female College of Cincinnati).
    1850-Mayor Geary welcomed new Chinese residents to San Francisco in a ceremony in Portsmouth Square August 29, 1911. 
    1867-The first territory annexed beyond the nation's continental limits was Midway Island in the North Pacific Ocean, claimed by Captain William Reynolds of the Navy for the United States. 
    1892—August 28, Trumpet player Mutt Carey Birthday. 
    1894-Manganese steel for railroad tracks was first manufactured by William Wharton, Jr., and Company, in High Bridge , NU. The first rail frog with cast manganese steel plate was installed at Fulton Street and Boerum Place , Brooklyn , NY . 
    1907 United Parcel Service begins service, in Seattle . Nineteen-year-old Jim Casey borrowed $100 from his friend, Claude Ryan, and started a local delivery service in Seattle , Washington . They called it the American Messenger Company. Jim's slogan was, “Best service, and lowest rates.” The company did well because Jim and Claude stuck to their principles: round-the-clock customer service, courtesy, reliability and low rates. They took these concepts a few steps further, focusing on package delivery for local retail stores, merging in 1913 with Mac McCabe and forming Merchants Parcel Delivery. The company was the first to provide consolidated delivery, placing packages with similar street destinations on one delivery truck. The company's growing fleet of trucks was then managed by Charlie Soderstrom. Charlie selected the dark brown color because of its professional appearance. By the 1920s, the company had grown large enough to expand to Oakland and Los Angeles , California . It wasn't long before it became known as United Parcel Service; 'united' for the consolidated shipments and 'service' because that's what they offered. Today, United Parcel Service provides delivery service to 185 countries and territories. 
    1908-Birthday or Roger Tory Peterson, naturalist, author of “ A Field Guide to Byrds,” born at Jamestown , NY . Peterson died at Old Lyne, CT., July 28, 1996. 
    1911 - Saint George, GA, was deluged with 18.00 inches of rain in 24 hours to establish a state record.
    1917—Women picket the White House for “equal rights,.” including the right to vote. 
    1922- Broadcasters realized radio could earn profits from the sale of advertising time. WEAF in New York ran a commercial “spot,” which was sponsored by the Queensboro Realty Corporation of Jackson Heights to promote Hawthorne Court , a group of apart­ment buildings at Queens . The commercial rate was $100 for 10 minutes. 
    1922-George Herbert Walker, president of the United States Golf Association, presented the first International Golf cup from the first International golf match at the National Golf Links of America, Southampton, NY 
    1938- Fats Waller records classic series of jazz pipe organ solos in London.
    1941 - With the nation on the verge of entering World War II and prices threatening to skyrocket, the government chose to take action against inflation. On this day, President Franklin Roosevelt handed down an executive order establishing the Office of Price Administration (OPA). Charged with controlling consumer prices in the face of war, the OPA wheeled into action, imposing rent controls and a rationing program which initially targeted auto tires. Soon, the agency was churning out coupon books for sugar, coffee, meat, fats, oils, and numerous other items. Though goods were in tight supply, Americans were urged to stick to the system of rationing. Some even took the Home front Pledge, a declaration of their commitment to avoiding the black market in favor of buying the OPA way. The end of the war didn’t t prompt an instant shutdown of the OPA. Reasoning that some goods were still quite scarce, President Truman kept the agency running. However, the existence of a government agency for regulated prices and production didn't sit well with some people. Big business bristled at the controls, as did farmers, who suffered under continued meat rationing. Soon after the '46 election, the OPA was relieved of its duties, with only rents, sugar, and rice still subject to controls. The agency's record of service during the war was fairly impressive: by V-J, consumer prices had increased by 31 percent, a number which was noticeably better than the 62 percent bloating of prices during World War I.
Lieutenant Colonel William Rankin bailed out of his plane at a height of 46,000 feet into a violent thunderstorm, and lived to write about the 45 minute journey (which normally would have been a thirteen minute descent). He described it as one of the most bizarre and painful experiences imaginable.
    1957- the longest filibuster, to last for more than 24 hours, was conducted by Senator James Strom Thurmond, Democrat of South Carolina, who spoke against civil rights legislation for 24 hours and 18 minutes on August 28 and 29. 
    1960-- A 17-year-old Barry White completes his four-month prison term for stealing 300 tires from a Cadillac dealership. Having heard Elvis sing "It's Now or Never" in prison, he leaves determined to make music his life.
    1961-Tamla Records releases The Marvelettes' first single, "Please Mr. Postman". The song will sell over a million copies and become the group's biggest hit, reaching the top of both the Billboard Pop and R&B charts.
    1963- Just before Dr. Martin Luther King gives his famous "I Have a Dream" speech at the Lincoln Memorial in Washington, DC, Peter, Paul and Mary serenade the crowd with their hit version of Bob Dylan's "Blowin' in the Wind." More than 250,000 people attended this Civil Rights rally at Washington , D.C. , at which Reverend Dr. Martin Luther King, Jr., made his famous, “ I have a dream” speech. One of the three Emancipation Days of Respect that highlights the three key prin­ciples of the American Civil Rights Renaissance of the 1960s. Wearing black and white shows respect for Peoplehood in the Spirit of WAO (WeAreOne) on the anniversaries of three historic events: the Aug 28, 1955, kidnapping/lynching of 14-year-old Chicagoan Emmett Till that prompted the first March on Wash­ington after 600,000 viewed his remains and ignited the Civil Rights Renaissance of the 60s; the Aug 28, 1963, March on Wash­ington led by Rev. Dr. Martin Luther King, Jr., that prompted the passage of the Civil Rights Bill of 1964. 
    1964 - The Beatles appeared on the cover of "LIFE" magazine. 
    1964: On the same day that the Beatles make their first appearance on the cover of Life Magazine, and just after finishing their set at New York's Forest Hills Tennis Stadium, the group is taken back to their suite at the city's Hotel Delmonico. Journalist Al Aronowitz arrives from Woodstock, NY with his friend Bob Dylan, and brings him up to the suite. John Lennon asks the folk singer what he'd like to drink, and Dylan replies simply, "cheap wine." The Beatles offer Dylan their drug of choice, speed, but Al and Bob instead suggest marijuana, which the band had never tried. This shocks Dylan, who ventures that he always thought the band sang "I get high" in their song "I Wanna Hold Your Hand." John corrects him, telling him that the phrase is, in fact, "I can't hide." John makes Ringo smoke the joint first, and eventually each member of the band gets his own private marijuana cigarette. Paul, in particular, is quite taken with the thoughts it produces, ordering Mal Evans to follow him around with a notepad and take down all his pronouncements.
    1965- The Rolling Stones sign with Decca records and ink a management contract with the soon-to-be-notorious Allen Klein.
    1965-Birthday of country singer Shania Twain, Windsor , ON , Canada (real name Eileen Twain.)
    1968 - The Doors' "Hello, I Love You" is certified gold
    1969---JIMENEZ, JOSE FRANCISCO Medal of Honor Rank and organization: Lance Corporal, U.S. Marine Corps, Company K, 3d Battalion, 7th Marines, 1st Marine Division. Place and date: Quang Nam Province, Republic of Vietnam, 28 August 1969. Entered service at: Phoenix, Ariz. Born: 20 March 1946, Mexico City, Mex. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as a fire team leader with Company K, in operations against the enemy. L/Cpl. Jimenez' unit came under heavy attack by North Vietnamese soldiers concealed in well camouflaged emplacements. L/Cpl. Jimenez reacted by seizing the initiative and plunging forward toward the enemy positions. He personally destroyed several enemy personnel and silenced an antiaircraft weapon. Shouting encouragement to his companions, L/Cpl. Jimenez continued his aggressive forward movement. He slowly maneuvered to within 10 feet of hostile soldiers who were firing automatic weapons from a trench and, in the face of vicious enemy fire, destroyed the position. Although he was by now the target of concentrated fire from hostile gunners intent upon halting his assault, L/Cpl. Jimenez continued to press forward. As he moved to attack another enemy soldier, he was mortally wounded. L/Cpl. Jimenez' indomitable courage, aggressive fighting spirit and unfaltering devotion to duty upheld the highest traditions of the Marine Corps and of the U.S. Naval Service.
    1971-Canada's Five Man Electrical Band saw their hit single "Signs" peak at #3 on the US Pop chart. It would go on to sell over a million copies and be awarded a Gold Record by the R.I.A.A. A string of other hits followed: "Absolutely Right", "Money Back Guarantee", "Moonshine", "Werewolf", and "I’m A Stranger Here", but none could match the band's earlier success.
    1971 - Heavy rains from Tropical Storm Doria caused devastating floods in central and northeast New Jersey resulting in 138 million dollars damage. In southeastern Pennsylvania, high winds downed trees and power lines, and in New York City, heavy rains flooded streets and subways.
    1972 - Mark Spitz captured the first of his seven gold medals at the Summer Olympics in Munich , Germany . Spitz completed the 200-meter butterfly in 2 minutes, 7/10ths of a second. His performance set a new world record. 
    1972-The first Air Force ace in Vietnam was Captain Richard Stephen Ritchie of Reidsville, NC, who downed his fifth MIG-21 aircraft in North Vietnam in an air-to-air missile battle southwest of Hanoi. He flew an F-4 Phantom with the 555 th Tactical Fighter Squadron of the 432d Tactical Reconnaissance Wing based in Thailand . His other “kills” occurred May 10, May 31 st , and two on July 8, 1972.
    1973-Deep Purple received a Gold record for "Smoke on the Water", which hit #5 in the US on its way to selling over two million copies. It was the band's biggest success since "Hush" which also reached #5 in 1968.
    1984 - The Jacksons ' Victory Tour broke the record for concert ticket sales. The group surpassed the 1.1 million mark in only two months.
    1988 - Tropical Storm Chris spawned a tornado near Manning, SC, which killed one person, and spawned three tornadoes in North Carolina. Chris produced one to two foot tides, and three to six inch rains, over coastal South Carolina. Severe thunderstorms in New York State and Vermont, developing ahead of a cold front, spawned a tornado which killed one person at Hector NY, produced tennis ball size hail at Brandon VT, and produced wind gusts to 80 mph at Lyndonville VT.
    1993 - Billy Joel's album " River of Dreams " hit #1 in the U.S. It was his first album to debut at #1 and stayed at top for three weeks. The album tracks were sequenced in the order they were written: "No Man's Land", "The Great Wall of China", "Blonde Over Blue", "A Minor Variation", "Shades of Grey", "All About Soul", "Lullabye (Goodnight My Angel)", "The River of Dreams", "Two Thousand Years", "Famous Last Words". 
    1994-Tiger Woods, 18, won the U.S. Amateur Golf Championship, held at the Tournament Players Club-Sawgrass Stadium course in Ponte Verdra , FL. He thus became the first golf champion of African-American and Asian descent. He defeated 22-year-old Trip Kuehen to become the youngest winner in the 99-year history of the event. Woods went on to win two more amateur championships before turning professional in 1996. On April 13, 1997, woods won the Masters Tournament at the Augusta National Golf Club, Augusta , GA , becoming at age 321 the youngest person ever to do so. his final round of 69 gave him a total score of 270, or 18 under par, the lowest in the history of the event. Woods's grandparents were African-American, Chinese, and Thai.
    2004 - Lou Rawls is awarded an honorary doctorate in from Ohio's Wilberforce University in recognition of his charity work with the United Negro College Fund and his "lifelong service to the education of historically disadvantaged populations."




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