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Leasing Operations Manager
San Antonio, Texas

Leadership role in building a team focused on credit, documentation and funding functions for a dynamic high growth business operating in both captive and non- captive lift truck markets.
Click here for full description.

Contact: Monet Pitts, HR Manager
Quality Controlled Material Handling Equipment Rent, Finance, or Lease up to 84 months, Maintenace, too.

Friday, August 15, 2014

Today's Equipment Leasing Headlines

  Archives---August 15, 2000
 38 Leasing Companies Major Changes
    Classified Ads---Credit
Guarantor Loses Claim re: Lessor Overpayment
  to Vendor for $100,000 Kickback to Lessee
      By Tom McCurnin, Leasing News Legal Editor
Leasing Industry Ads---Help Wanted
   New Hires—Promotions in the Leasing Industry
Bad Guys: Companies who utilize Evergreen Clauses
  for Extra Lease Payments
What $11.62 Trillion Worth of Household Debt Looks Like
  by Myles Udland,
The Answer is “Yes,” Put the Lease on the Balance Sheet
  by Martin B. Robins, Esq.
   San Diego Attorney Pleads Guilty to Tax Charge
  A Most Wanted Man/The Strange Little Cat
    Locke/Love Streams/Santa Sangre
 At the Theater/Amazon-Netflix by Fernando Croce
   Boxer Blend
San Diego, California Adopt-a-Dog
  Update—Fall Leasing Conferences
         Exhibitors Listings
News Briefs--- 
Cisco Cutting 6,000 Jobs, Projects Flat Revenue In First Quarter
  Fed Payments Panel Recommends Replacing ACH
   Mortgages drift lower in summer doldrums
    Amid weak earnings, Wal-Mart finds a bright spot
     in its small-scale grocery stores
      David Gregory Out, Chuck Todd Takes Over 'Meet the Press'
 Starbucks vows to change unpredictable barista work schedules
  America’s Top 10 Restaurant Groups
   Bank of England makes emergency plans in case of Scottish independence
US Victims' Lawyer: Arab Bank Financed Terrorists

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Archives---August 15, 2000
38 Leasing Companies Major Changes

American Business Leasing (gone)
Balboa Capital (Founder Byrne pushed out/other changes) 
BankVest (bankrupt) 
Bombadier (reported having problems, not confirmed) 
Charter Financial (purchased by Wells Fargo)
Commerce Security (closed to leasing broker program)
Copelco (sold to Citibank) 
Dana (sold off, active as captive) 
DVI Capital (out of broker)
eLease (management team let go) 
Fidelity (acquired by EAB, a wholly owned subsidiary of ABN AMRO Bank N.V., headquartered in the Netherlands) 
Finova (out of market place)
Franklin Bank (no more leases)
Imperial (sold portfolio) 
Leasing Corp of America (for sale below book value)
Leasing Solutions (bankrupt)
Liberty Leasing (closed, California company) 
Linc Capital (out of vendor and broker business, Nasdaq halts stock sales, $13.4 loss last quarter) 
Matsco Financial (purchased by Greater Bay Bank) 
Merit Leasing (gone) 
METWEST LEASING CO. Spokane WA. (advising brokers that they have run out of funds so they are unable to fund a transaction we have there for funding.)
Metrolease—(reports closing operation, will not confirm nor deny, many serious rumors floating around the marketplace.) 
NationsBank Leasing (sold to Textron, no longer doing broker business) 
New England Capital (sold to Network Capital Alliance a division of Sovereign Bank. Sovereign did hire two people who will run a sales office in CT, doing basically the same deals with the same people as before. Little will change in that aspect.
Newcourt (acquired by CIT)
Onset Capital (Irwin buys 87% equity) 
Orix (closes small ticket vendor division in Portland, Oregon, "Business as usual," says Steve Geller)
Phoenix (both divisions)
Prime Capital ("yes and no" sold off, may be negotiating) 
Rockford (sold to American Express)
SDI (closed to broker programs) 
SierraCities (post $7.7 million second quarter loss, rumors abound) 
T&W (bankrupt, lost their listing) 
Transamerica (sold)
UniCapital ($11.4 million first quarter loss chairman, CEO, CFO resign, 38 employees cutback) 
United Leasing (re-financing)
USA Capital Leasing (gone)


Classified Ads---Credit

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

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As a Commercial Credit Analyst/Underwriter, I have evaluated transactions from sole proprietorships to listed companies, across a broad spectrum of industries, embracing a multitude of asset types. Sound understanding of balance sheet, income statement and cash flow dynamics which impact credit decisions. Strong appreciation for credit/asset risk.
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Guarantor Loses Claim re: Lessor Overpayment
to Vendor for $100,000 Kickback to Lessee
By Tom McCurnin
Leasing News Legal Editor

Guarantor’s Partner Inflates Invoice From Vendor and Receives $100,000 Kickback From Lease Proceeds, But Doesn’t Let Guarantor Into the Scam.  Guarantor Sues Lessor for Breach of Fiduciary Duty. Tennessee Court Rejects Guarantor’s Claim That Lessor Owes Him a “Duty of Care”

Fountain Leasing, LLC v. Kloeber 2013 WL 4591622 E.D.Tenn., 2013

I’ve dealt with enough phony lease invoices, so that’s why I always recommend that the lessor use a purchase order that represents and warrants that the vendor won’t kickback any of the lease funds.  In today’s case, the vendor inflated the lease invoice and kick backed a heavy part of the lease proceeds to the guarantor’s partner.  The guarantor thought the lessor should have monitored the situation more carefully, but the Tennessee Court foisted that responsibility back onto the lessee.  Maybe the guarantor will be more careful selecting his partners from this point forward.

Fountain Leasing was the lessor of two Caterpillar bulldozers to the lessee Montie's Resources.  Monties had two principals, David Kloeber and Bart Montanari.  Unbeknownst to Kloeber, Bart Montanari and the Vendor altered the lease invoice for the equipment, inflating the value of one of the two bulldozers; paying the vendor $275,000 for the bulldozer, which had a market value of no more than $175,000. The vendor kicked back $100,000 to Montanari.  To make matters worse for Kloeber, he guarantied the two leases to the Lessor.

For reasons not discussed in the opinion, the Lessee defaulted on its lease obligations.  When the Lessor sued, the Guarantor Kloeber discovered the kickback and counter-sued the Lessor, claiming a breach of fiduciary duty, to wit that the Lessor should have monitored the invoice process, determined the actual fair market value, and had a duty not to pay the Vendor for leased equipment which is overpriced.  The actual Complaint was for breach of contract, misrepresentation, and negligence.

The Trial Court had no problem disposing of all three claims, which were all centrally tethered to the breach of fiduciary duty claim.  For the contract claim, the Court held that the guaranty was clear and unequivocal and there could be no implied terms.  For the misrepresentation claim, although the lease set forth a value of the equipment, the Court held that it was not reasonable for Kloeber to rely upon that number, given the waivers in the guaranty.  For the negligence claim, the Court held that there is no duty on the part of the Lessor to notify the Guarantor Kloeber of the business practices of the Lessee.  Tennessee courts have held that the law does not generally “impose fiduciary or similar duties on banks with respect to their customers, depositors, or borrowers absent special circumstances.” 

The lessons for the equipment lessor in this case seem obvious. 

•  First, Proper underwriting should include the assessment of the fair value of the collateral at inception.  I assumed this was used equipment, but was still surprised that there might have been $100,000 built in to the two invoices, which is a lot to smoke past a diligent lessor.  In this case, we hope that the guarantor is collectable for the extra monies. 

•  Second, I’ve always recommended using a purchase order to the vendor, which represents and warrants that the vendor will not kick back any of the invoice price to the lessee or its principals.  This could have acted as a defense to the counter-claim and a collection vehicle against the supplier. 

The bottom line to this is case is that guaranties in general, and the waivers contained in them in particular, are super-important.  A reference to protection regarding any kickbacks should be included
in all purchase orders by the lessor. 

Fountain Leasing 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:

Previous Tom McCurnin Articles:




Leasing Industry Help Wanted


Collector, Atlanta, GA

Experienced, calling 11-90 day delinquent customers, assisting Asset Re-marketer with delinquency reporting, weekly reporting to home office.

Sales, Chicago, Atlanta

Work out of main office and satellite. Heavy phone sales calling on both independent dealers and end users (cold/warm calling), marketing, weekly reporting to management. Outside territorial salespeople will also be considered.

Contact: Michael Testa 312-881-3133
Financing for Commercial Truck & Trailer, Exotic, High Line, Vintage & Classic Automobiles, Taxi, Livery & Paratransit


Leasing Operations Manager
San Antonio, Texas

Leadership role in building a team focused on credit, documentation and funding functions for a dynamic high growth business operating in both captive and non- captive lift truck markets.
Click here for full description.

Contact: Monet Pitts, HR Manager
Quality Controlled Material Handling Equipment Rent, Finance, or Lease up to 84 months, Maintenace, too.

For information on placing a help wanted ad, please click here: 
Please see our Job Wanted section for possible new employees.



New Hires—Promotions in the Leasing Industry

Melissa (Carroll) Biebel was hired as Business Development Manager at Macquarie Group, Orange County, California. Previously, she was Regional Sales Manager, California, LEAF Commercial Capital, Inc. (April, 2012 – August, 2014); District Manager, De Lage Landen (January, 2002 – June, 2005); Regional Sales Representative, GE Capital (October, 1999 – December, 2001). Education: University of Nevada-Las Vegas, English/Secondary Education (1988 – 1991). University of South Florida, English

John Cabreja was hired as Inside Sales Rep at AmeriMerchant,
Greater New York City Area. Previously, he was Sr. Funding Specialist,
Merchant Advance Express (November, 2012–2014); Languages:
English, Native or bilingual proficiency; Spanish, Professional working proficiency. Education: New York University - Leonard N. Stern School of Business, Bachelor's degree, Finance, General (2008–2011).

Ross Chinitz was hired as Bankruptcy/Collections Counsel at Starr Companies, Greater New York Area. Previously, he was General Counsel, The Lawyers Group Advertising, Inc. (January, 2009 – June, 2014); Owner, Doran & Chinitz, LLC (January, 1998 – December, 2008); Attorney, City of Waterbury (May, 1997 – December, 1997); Associate, Kupfer, Rosen & Herz (April, 1995 – March, 1997); Associate, Brodsky, Altman & McMahon (September, 1992 – March, 1995). Education: Hofstra University School of Law (1989 – 1992). University of Maryland College Park, BA, Economics (1986 – 1989).

Daryl Ching, CFA, has joined the team of consultants for The Alta Group in Canada as Managing Director. "Ching joins Hugh Swandel, senior managing director, who has more than 13 years of specialized consulting experience in the asset based finance industry.  Swandel notes that while there are a large number of funders for asset based finance, and a large number of specialty finance companies seeking funding,  there has been a shortage of industry professionals able to assist companies with all aspects of preparation for and negotiation of facilities." Previously, Mr. Ching was Director of Finance and Corporate Development, Francium Corp. (January, 2012 –August, 2014); Senior Vice President, NAAAP Toronto (June, 2009 – December, 2011); VP Compliance, Clubb Finance Corp. (November, 2009 – October, 2011);
Managing Partner, Clarity Financial Strategy (November, 2007 – July, 2008). Principal, Coventree (June, 2005 – September, 2007); Associate, RBC Capital Markets (June, 2001 – June, 2005); Organizations: President, Young Professionals Association of Canada (July, 2003 – August, 2008). CFA Institute, CFA Charter holder. Education: The University of Western Ontario (1997 – 2001). The University of Western Ontario - Huron University College
(1997 – 2001). Bayview Glen. Upper Canada College

John Cummings was hired as CEO at Advance Capital Solutions, LLC dba ACS Factors, Greater Los Angeles Area.  Previously, he was Vice President, REV Finance Group, Inc. (December, 2009–May, 2014);
Assistant Manager, UC Factors (January, 1985–January, 1988);
Account Executive, United California Factors and UC (January, 1983–January, 1988); Bookkeeper, General Business Forms (1982–1983). Languages: Spanish. Local Leader, Catholic Engaged Encounter (January 2008). Social Services. Education: California State Polytechnic University-Pomona, Bachelor's Degree, Business Administration; an emphasis in Marketing (1983–1986).

Meghan C. Foley was named leasing manager for the Midwest region, Key Equipment Finance, Superior, Colorado. She is located in the Greater Chicago area.  Previously, she was Vice President & Area Manager, US Bank (August, 2007–August, 2014); Vice President & Account Manager, GE Commercial Finance (2002–2007); Management Development Program, McMaster Carr Supply Co. (2000–2002); ABAS Business Advisory Services, PricewaterhouseCoopers (August, 1998–March, 2000). Education: University of Notre Dame (1994–1998).

Ray Hayes was hired as Leadership Development and Strategy Trainer Surrey, British Columbia, Canada.  He remains as Regional Product Manager, Nissan Canada (June, 2014 – Present).  Previously, he was Business and Finance Manager, Pioneer Chrysler Jeep (January, 2011 – June, 2014); General Sales Manager, The Jim Pattison Auto Group (January, 2005 – January, 2010); Jim Pattison Group, Lower Mainland (January, 2005 – January, 2010); General Sales Manager, The Jim Pattison Auto Group (2005 – 2010). Courses: Douglas College Marketing I, Marketing II. Education: Bradford, Ontario, Marketing (1974 – 1975).

Bari Himmel was hired as Contract Administrator at Trilogy Leasing Co., LLC., Cranbury, New Jersey. Previously, she was Legal Administrator/Contractor, Verizon Wireless (June, 2012– March 2013); Transaction Coordinator, ADP (August, 2011 – October, 2011); Lease Management Contract Admin/Global Delivery Support, Hewlett Packard Financial Services (March, 1998 – December, 2009); Collections/AR Supervisor, SkyTel (MTEL) Corporation (March, 1994 – March, 1998); Collection Manager, A&M Collection Agency (June, 1992- March, 1994); Portfolio Asset Manager, AT&T Credit Corporation
(January, 1988 – June, 1992); Student Teaching, New Brunswick High School (September, 1987 – May, 1988). Education: Rutgers, The State University of New Jersey-New Brunswick, Bachelor of Arts (B.A.)
(1982 – 1987).

Phil Kraus was hired as Regional Finance Manager at Lenovo Financial Services, Orange County, California.  Previously, he was Area Manager, The CIT Group (1997–2014); Region Manager, Newcourt Financial (1987–1996); Education: California State University-Long Beach - College of Business Administration, BS, Marketing. Activities and Societies: Kappa Sigma. Glendale College. Saint Francis High School.

Jay McNamara was hired as V.P. of Environmental Operations at Phoenix Environmental, Inc., Pacific Palisades, California.  Prior, he was a self-employed consultant (September 2013–August 2014);
CFO / V.P. Finance, Anterra Energy Services, Inc. (October 2009–June 2013); Regional Sales Manager, Zions Credit Corporation (1999-2009).

Zachary Ramirez was hired as Director of Sales/ISO Relations for Core Financial, Inc., Newport Beach, California.  Previously, he was Sales Manager, Alliance Funding Group (July 2013–June 2014); Senior Financial Consultant, Capital Alliance Corporation (May 2011–July 2013). Education: Mt. San Antonio College, Associate of Arts (AA), Philosophy (2007–2009).

Rick Rodgers was hired as Chief Financial Officer at TNC Energy LLC,
San Francisco Bay Area.  Previously, he was Managing Director/CEO,
Montgomery Street Financial Services, LLC (2003–2014); Managing Director, Bank of America Leasing & Capital Group (1993–2003); Senior Vice President, Chief Marketing Officer, Bank of America Leasing (1983–1993); Vice President, TXL Securities Corporation (1981–1983); Director of Marketing, BRAE Corporation (1977–1981); Marketing Representative, IBM Corporation (May 1973–October 1977). Education: Northwestern University - Kellogg School of Management, MBA, Finance and Marketing (1971–1973). Chapman University, BA, Economics, History (1968–1971). Activities and Societies: Completed undergraduate degree while on active duty USAF.

Alan Singer was promoted to senior vice president and general counsel at Square Two Financial, Denver, Colorado. He previously was General Counsel and Corporate Secretary. In his new role, Singer, who joined SquareTwo Financial as associate general counsel, and has practiced law for more than 25 years in all facets of consumer and commercial finance, will oversee all of the company’s legal efforts. Previously, he worked for 12 years for ING Security Life Company in several positions of increasing responsibility leading to vice president of regulatory compliance and customer relations. Singer earned his juris doctor from the University of Denver, College of Law and an undergraduate degree from Queens College, CUNY.”

Austin Sohn was promoted to First Senior Vice President at Finance One, Inc., Los Angeles, California.  He joined the firm July, 2002, as VP & Account Executive/Manager. He was promoted to SVP & Regional Manager (East Coast), September, 2004.  Prior, he was AVP, Credit Manager & Account Executive, Prime Business Credit, Inc. (January 2000-June 2002). Languages: Korean, Native or bilingual proficiency. English, Native or bilingual proficiency. Publications: Factoring Guide, Finance One (November 16, 2003). Organizations: Business Executives Group, Phoenix Credit Club, CFA.  Education: New York University, Finance: Investment Banking (2007–2008).
California State University-Long Beach

Bob Walker was hired as Financial Solutions Manager-Enterprise at Cisco Systems Capital, Greater New York City Area.  Previously, he was Vice President, US Bank Technology Finance Group (May 2012–July 2014); US Sales Manager, 3 Step IT (January 2011–June 2012); Specialty Finance Officer, JP Morgan Chase (March 2008–July 2010); National Account Manager, CIT Vendor Finance (December 2005–March 2008); Regional Leasing Account Manager, Cisco Systems Capital (November 2000–December 2005). Education:  Rowan University, Bachelor of Arts (B.A.), Communication and Media Studies, Lycoming College



Bad Guys: Companies who utilize Evergreen Clauses
for Extra Lease Payments

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

 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. 


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


What $11.62 Trillion Worth of Household Debt Looks Like
by Myles Udland,

Household debt fell to $11.62 trillion in the second quarter.

The Federal Reserve Bank of New York just released its latest Household Debt and Credit report, which showed total house hold debt fell 0.2% from the first quarter to $11.62 trillion from $11.65 trillion.

"A slight decline in real estate-related balances, consistent with broader housing market developments, contributed to a flat quarter for total outstanding household debt," said Donghoon Lee, senior economist at the New York Fed. "Meanwhile, we observe continued strength in the auto loan market with the largest volume of originations since 2006."

Some of the report's highlights include:

  • Mortgage debt fell $69 billion to $8.10 trillion. Mortgage delinquency rates are also falling, with 3.4% of mortgages more than 90 days delinquent, down from 3.7% in the previous quarter.
  • Student loan debt balances increased by $7 billion to $1.12 trillion. 10.9% of outstanding student loan debt is more than 90 days delinquent or in default, down from 11% in the first quarter.
  • Auto loan debt increased by $30 billion to $101 billion, the highest volume of originations since the third quarter of 2006. Delinquent auto debt was unchanged from the prior quarter at 3.3%
  • Home equity line of credit, or HELOC, balances dropped by $5 billion to $521 billion.
  • Total delinquent debt totaled $724 billion, or 6.2% of outstanding household held, down from 6.6% in the first quarter.



The Answer is “Yes,” Put the Lease on the Balance Sheet
by Martin B. Robins, Esq.

As a former equipment leasing company general counsel and now a current private practitioner with a significant leasing component to his practice (representing both lessors and lessees), I think it is foolhardy to not assume that the lease should always go on the balance sheet.  But since I am not a CPA, I always advise “Ask your accountant” or “Tell the lessee to ask their accountant.” However, in recent years, with all the changes supposedly coming, I also add, “You are foolhardy if you don’t assume that the answer is yes.”

In the IASB Staff Decisions to date on Leasing, it states “The primary goal of the joint lease accounting overhaul has long been to push companies to bring about $2 trillion in off-balance sheet leases onto the books.” (1)  This has occurred in far too many situations, most notably Enron. It is this obfuscation that has caused both bodies to address the issue. As the author and Bradford Block, Esq., an attorney/CPA and also a former leasing company general counsel have noted in a 2005 Matthew Bender Equipment Leasing Monograph, “ Since many of these scandals, such as Enron, involved the hiding of debt from investors, lessees must ensure that their use of leasing does not serve to obscure their true financial condition.”

As a result, it is clear that accounting standards in the near future will require most, if not all, leases of real and personal property to appear on both sides of the balance sheet. The current impasse involves the mechanics of this change, but not whether it is necessary. The FASB would utilize a more nuanced approach which might allow some smaller leases to remain off balance sheet (although even this exception is far from a certainty), but is certainly not countenancing the use of leasing to hide material liabilities. The European regulators prefer a simpler approach where all leases are booked. It appears that both approaches will apply to leases existing when they are effective, and, of course, to those entered into thereafter.

Either way, going forward, it makes little sense to conduct the sort of operating lease analysis with which we are familiar in order to shoehorn leases into the off balance sheet box, as these efforts are likely to become obsolete in the relatively near future. Even if they allow initial avoidance of a booking obligation, this is likely to change within the next several years. While there is no way to say for sure, it also seems reasonable to believe that the lending community will frown upon borrowers who search for loopholes in accounting rules to avoid booking obligations.

An interesting corollary to this conclusion is whether such efforts serve any purpose with respect to internal, budget-driven discussions – i.e. where a given department has a capital budget of X, which operating leasing allows it to augment. One would think that changes in GAAP would obviate the purpose of such discussions, but different organizations may respond (or not respond) in different ways to coming changes.

It is strongly recommended that accounting considerations be disregarded when determining whether or not (and how) to lease a given asset. If a lease makes sense to a lessee because it allows it to transfer to the lessor the risk of the residual value of that asset at the end of the lease term, this is still true even if the asset and liability are on the balance sheet. Similarly, if the lessor is providing services which the lessee values, or provides financing which is not readily obtainable elsewhere, these are good reasons to lease, irrespective of accounting considerations. The lease may also legitimately allow the lessee to obtain (through the rental rate) the tax benefits of depreciation, which it could not otherwise use because of insufficient taxable income (although formalities associated with ‘true lease’ status under the Internal Revenue Code may come into play for this purpose regardless of book accounting treatment) .

What is critical is that no one uses the accounting impasse to convince themselves or their organization that business as usual prevails and that operating lease treatment is some sort of panacea.             

  1. IASB Staff Decisions to date on Leasing  (16 pages)

Martin B. Robins, Esq.
203 N. LaSalle Street, Suite 2100
Chicago, Illinois
Direct: 847-277-2580



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

San Diego Attorney Pleads Guilty to Tax Charge

United States Attorney Laura E. Duffy announced the guilty plea of Mohammad Fouzi Haffar, the attorney who owned Haffar & Associates, a law firm in San Diego. Haffar pleaded guilty to willfully failing to report over $103,000 in taxes owed on his income.

According to Haffar’s plea agreement, Haffar, underreported his income from Haffar & Associates, Inc. and Allied Financial Network, Inc. and misclassified his business expenses from Haffar & Associates. As a result, he understated his taxable income in the financial statements he provided to his return preparer. Haffar admitted that for tax years 2009 and 2010, Haffar owed a total of at least $103,095.73 in taxes that he failed to report or pay.
According to court documents, Haffar created the law firm of Haffar & Associates in June 2008. After practicing bankruptcy, personal injury, and contract law, in approximately November 2008, Haffar began offering home mortgage loan modification services through his firm. At the time, Haffar had no existing knowledge or experience in loan modifications. He contracted with another individual to provide loan modification services to the clients of Haffar & Associates, who represented that he had successfully completed loan modifications working with another attorney, and offered Haffar the opportunity to expand into this new practice area.

In approximately November 2008, Haffar entered into a contract with two businessmen to market Haffar & Associates’ loan modification services. Their marketing company sold Haffar & Associates’ loan modification services through a call center staffed with telemarketers. The marketing company successfully convinced more than 1,000 clients to retain Haffar & Associates for loan modification services. Clients paid fees of approximately $3,500 each.

Largely unbeknownst to Haffar, the marketing company used false and misleading statements to induce potential clients to pay Haffar & Associates, including falsely representing that: (1) an attorney would be negotiating on clients’ behalf; (2) Haffar & Associates has a 98% success rate and had never lost a home to foreclosure; (3) clients were guaranteed a loan modification” (often specifying a certain monthly payment or interest rate; (4) clients would receive a refund of their fee if Haffar & Associates was unsuccessful at obtaining a loan modification; and (5) they conducted a forensic audit of the original loan documents for each client in order to discover whether the lender . . . violated one of many predatory lending laws.

In fact, Haffar did not provide legal services or work on the loan modification cases for the overwhelming majority of the over 1,000 clients of Haffar & Associates. Haffar earned approximately 6 to10% of the fee paid on each loan modification file, but this fee paid for the use of his name, bar license, and law firm, and not for Haffar’s personal involvement in handling, submitting, negotiating and litigating loan modification cases from intake to completion. Haffar did not maintain any reserve fund to provide the promised refunds to clients, and there were insufficient funds to pay all the refunds requested.

Haffar stipulated to his disbarment on November 17, 2011 for his conduct. He was formally disbarred on June 21, 2012. He is obligated to reimburse the California State Bar’s Client Security fund over $192,000 for amounts that have been paid to former clients of Haffar & Associates.
Haffar will next appear before Judge Houston on November 3, 2014 for sentencing.

Mohamad Fouzi Haffar, 35     San Diego, California
Subscribing to a False Tax Return, Title 26, United States Code, Section 7206(1)
Maximum penalties: 3 years in prison, $250,000 fine, 1 year of Supervised Release, and restitution to the IRS.
United States Postal Inspection Service
Internal Revenue Service Criminal Investigation (IRS CI)
Federal Housing Finance Agency – Office of the Inspector General

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


John Kenny 
Receivables Management

• End of Lease Negotiations & Enforcement
• Fraud Investigations
• Credit Investigations • Asset Searches 
• Skip-tracing • Third-party Commercial Collections | ph 315-866-1167|

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


Fernando's View
By Fernando F. Croce

Somber espionage ("A Most Wanted Man") and eccentric whimsy ("The Strange Little Cat") make for a contrasting double-bill of new releases, while DVDs offer drama as tense ("Locke"), emotional ("Love Streams"), and surreal ("Santa Sangre").

In Theaters:

A Most Wanted Man (Roadside Attractions): British novelist John le Carré is a specialist in somber espionage intrigue, and this screen adaptation of his 2008 book captures the author's brooding feel of systematic dread. The twisty story hinges on Issa (Grigoriy Dobrygin), a young Russian-Chechen immigrant who turns up in Hamburg to seek refuge and, according to the anxious authorities, take over his father's unsavory fortune. Wanted by both German and American agents, he finds himself alternately portrayed as a battered victim and a potential terrorist. When murky global interests are at stake, who knows for sure where the truth lies? Tautly directed by Anton Corbijn and featuring a sterling cast that includes Rachel McAdams, Willem Dafoe, Robin Wright and the late, great Philip Seymour Hoffman, this is a stylish thriller to rank alongside the recent "Tinker Tailor Soldier Spy" adaptation.

The Strange Little Cat (Kimstim Films): Young German director Ramon Zürcher makes a beguiling feature debut with this one-of-a-kind comedy-drama. The plot sounds simple: A slice-of-life view of a family in a teeming Berlin apartment, with each person going about their business while their pet cat saunters around the household. Children play with their remote-control toys, older siblings plan for dinner, grandparents fall asleep in their rooms, and the mother watches them all with more than a hint of unease. What makes the film unique, however, is Zürcher's inventive way of arranging objects and movements, so that the screen feels constantly alive with meticulously orchestrated, beautifully peculiar activity and unexpected, funny bits of business. By the end, this seemingly lightweight movie accumulates a stylistic creativity and emotional melancholy that linger in the mind. With subtitles.

Netflix Tip: The sudden death of Robin Williams (1951-2014) has claimed one of modern cinema's most beloved comic icons. Celebrate the joy he brought to audiences with some of his greatest roles, from "Moscow on the Hudson" (1984), "Good Morning, Vietnam" (1987) and "Dead Poets Society" (1989) to "The Fisher King" (1991), "Aladdin" (1992), and his Oscar-winning turn in "Good Will Hunting" (1997).


Locke (Lions Gate): Perhaps best known to American audiences as the bulky villain Bane in "The Dark Knight Rises," British actor Tom Hardy has given subtle and powerful performances for years. He may finally have his breakout role as the titular character in this intense, minimalist drama. Hardy stars as Ivan Locke, a dedicated worker and family man whose life is turned upside down by a sudden telephone call one night. While driving home, he's contacted by a former flame who's about to give birth to their child. Determined to reach the hospital and see her, Locke stares down the dark road while going through a variety of emotions, aware that whatever decision he makes will forever affect his life and family. Basically a one-man show tailor-made for Hardy's talents, director Steven Knight's account of an unforgettable ride is a prime example of taut, involving storytelling.

Love Streams (Criterion): Widely heralded as the father of American independent cinema, John Cassavetes was a towering figure whose rough-hewn and highly emotional style has been endlessly influential throughout the decades. This 1984 drama, finally available on DVD after years of semi-obscurity, ranks among his best achievements. Cassavetes stars as Robert Harmon, a middle-aged bachelor whose life is a whirlwind of booze, smoking and short-term girlfriends. Into his home suddenly strolls his sister Sarah (a magnificent performance by Cassavetes' real-life wife, Gena Rowlands), who's divorcing her husband and in need of shelter. As the days pass, the two high-strung siblings meet on a path of struggle, irritation, and, ultimately, transcendence. A masterpiece of personal filmmaking, this is a must-see for Cassavetes fans and lovers of profoundly affecting cinema.

Santa Sangre (Severin): Recently seen in the documentary "Jodorowsky's Dune," Chilean director Alejandro Jodorowsky is a visionary who doesn't make films often, but makes every one of them count. Such is the case for this mind-blowing 1989 horror-fantasy, which amply showcases his singular surreal talents. Unfolding in and around a seedy Mexican circus, the bizarre story focuses on the relationship between Fenix (Axel Jodorowsky), a mentally unstable young man, and his mother Concha (Blanca Guerra), who have grown closer follows a series of horrible events. With a series of murders and the sudden appearance of a childhood sweetheart (Sabrina Dennison), can Fenix find a way back to sanity before it's too late? At once macabre and beguiling, this is an astonishing ride brimming with unforgettable images. With subtitles.


Boxer Blend
San Diego, California Adopt-a-Dog

Boxer blend
24.6 lbs.
Estimated DOB: 4/17/2014

"I'm an energetic puppy that just can't wait for our first game of catch! I love to run, jump, and play! If you have an active lifestyle and enjoy outdoor activities than I'm the perfect dog for you! I can turn any day into an adventure! Stop in and let me show you how much fun I can be!"

“Please make a donation to help care for me until my new family finds me and takes me home.”

Click here to help support the Center in caring for animals like Elvira, even if you can't adopt one of your own!

Hours of Operation
Adoption Kennel Hours:
Open for adoptions
Monday to Thursday:   Noon-6:00pm
Friday:       Noon-7:00pm
Saturday:   10am to 6:00pm
Sunday and major holidays
11:00am to 6:00pm

Helen Woodward Animal Center
A non-profit organization Tax ID #23-7228287
Location: 6461 El Apajo Road, Rancho Santa Fe, CA 92067

Phone: (858) 756-4117  Option #1

Adopt a Pet



Update—Fall Leasing Conferences
Exhibitors Listings 


September 4-6
2014 Eastern Regional Meeting
Lord Baltimore Hotel
Baltimore, MD

Exhibitors to Date

Amerisource Funding
Bankers Capital
Blue Bridge Financial LLC
Business Credit Reports
Bryn Mawr Funding
Channel Partners LLC
CLP Foundation
Collateral Specialists, Inc.
Financial Pacific Leasing, LLC
First Federal Leasing
Fora Financial
Maxim Commercial Capital LLC
Merchant Cash and Capital, LLC
North Mill Equipment Financing LLC
Pacific Western Equipment Finance
Pawnee Leasing Corporation
Preferred Business Solutions
RLC Funding
TEAM Funding Solutions
Varilease Finance, Inc.

Registration/Schedule Available

September 10-12
Canadian Finance and Leasing Association
The Fairmont Chateau Whistler
Whistler, British Columbia

Registration now Open, Program Available


September 18-20

Hyatt Regency San Antonio Riverwalk
123 Losoya Street
San Antonio, Texas  78205
United States

Event Schedule

Event Registration

Registration List: 2014 Funding Symposium
(148 Registered to Date) 

General Information

Exhibitors to date

Amerisource Funding
Bank of the West
Blue Chip Leasing Corporation
Boston Financial & Equity Corporation
Business Credit Reports
Bryn Mawr Funding
Channel Partners, LLC
CLP Foundation
Collateral Specialists, Inc.
Conestoga Equipment Finance
Dakota Financial, LLC
Delta Management Group, Inc.
ECS Financial Services, Inc
Financial Pacific Leasing, Inc.
 FORA Financial
Funding Circle
LeaseTeam, Inc.
Great American Insurance
LCA Financial, LLC
Maxim Commercial Capital
Monitor Daily
North Mill Equipment Finance
OneWorld Business Finance
Orange Commercial Credit
 NCMIC Finance Corporation
Pawnee Leasing Corporation
 Quiktrak, Inc.
RLC Funding
RTR Services, Inc.
 Winston & Winston, P.C.


September 19 - 20, 2014
Tianjin, China
Sudhir Amembal: 
The First Global Leasing Industry Competitiveness Forum
For More Information:

Qualified leasing professionals from outside of China will not be charged any registration fees. They are, however, expected to pay for all their travel expenses including accommodations and meals at the venue.

From the Chinese side, the speakers will include prominent leasing company executives and supportive governmental representatives; from the international side, the speakers will be drawn from senior executives from leading leasing companies and others who have played a vital role in leasing's international growth.

Speakers include:

• Sudhir P. Amembal, Chairman & CEO, Amembal & Associates, U.S.A.
• Crit DeMent, Chairman & CEO, LEAF Commercial Capital, Inc., U.S.A.
• Esteban Gaviria, CEO, Leasing Bancolombia, Colombia
• Shawn D. Halladay, Global Leasing Expert, Amembal & Associates and The Alta Group, U.S.A.
• Hugh Lander, Chief Executive Officer, BOQ Finance (BOQF), Australia
• Bob Rinaldi, Chairman-Elect, ELFA, U.S.A.
• Arnaldo Rodriguez, President, CSI International, Spain
• Jukka Salonen, Chairman, Leaseurope, Finland
• Fred Sasser, Chairman, Chicago Freight Car Leasing, U.S.A.
• Judy Tan, Managing Director, Caterpillar (China) Financial Services, China
• Wang Chong,Chairman,CDB(China Development Bank) Leasing,China
• Kong Linshan, Chairman, Minsheng financial leasing co., LTD, China
• Kong Fanxing,   Chairman, International Far Eastern Leasing, China            
• Cong Lin, President, ICBC Leasing, China

Information on Conference, including biographies:



October 9 -10
Eurostars Grand Marina
Barcelona, Spain

Booking of rooms at the Grand Marina is to be done by filling in a Hotel Reservation Form, which can be downloaded from the Annual Convention website at:

Last year's event was a resounding success with more than 500 participants from across Europe as well from Australia, Canada, China, Morocco, South Korea and the USA.

Registration/Further Information:

October 19-21
2014 53rd Annual Convention
Manchester Grand Hyatt
San Diego, CA

Video Preview of ELFA Annual Convention
ELFA President and CEO Woody Sutton

  • Friday, September 26, 2014: Last day to receive the special ELFA convention rate for your accommodations at the Manchester Grand Hyatt or the San Diego Marriott Marquis & Marina.
  • Tuesday, October 7, 2014: Last day for mail-in and online registrations. After this date registrations can be made on-site. Please note: There are no refunds of registration fees after this date.

Full Information: Speakers, Brochure, Registration:



Cosmopolitan, Las Vegas, Nevada

 It will bring together critical decision makers concerning credit and collections 
from all facets of financial services.



November 5-7
34th Annual AGLF Fall Conference
Loews Ventana Canyon
Tucson, Arizona

November 6 - 8
2014 Western Regional Meeting
Hyatt Regency Irvine
Irvine, CA


November 11-13

The 2014 Middle East Leasing Summit to be held November 11-13 at the JW Marriott Marquis Hotel Dubai is reported to be strongly supported by leading leasing companies and international leasing association. 

This summit will gather regional government officials, vendor representatives, national organizations and industry leaders to interpret the air finance from the aspect of market situation, regulatory, growth point and second hand aircraft to better understand Middle East air finance market.

The conference promises "Deep insight into Middle East leasing market climate with introduction of Islamic Finance’s application and banks’ involvement. There is no doubt that this summit will provide a premier platform for its delegates to establish strategic cooperative partnerships, expand business. We firmly believe that your outstanding industrial background and broad knowledge would contribute significantly to the quality and scope of this

For more information, please visit the official website at

November 12 - 14
Commercial Finance Association
70th Annual Convention
Washington Marriott Wardman Park
Washington, D.C.


November 16 -17
NJ Expo Regional
Teaneck, New Jersey
(Sunday evening- All Day Monday)


November 18 - 21, 2014
Istanbul, Turkey
The Third Annual Operating Lease Conference

"Three prominent and qualified speakers have been added to the agenda.
They are: Stephan van Beek, Senior Director Sales & Marketing Development - EMEA, Oracle Financing, an expert on software leasing; Arnaldo Rodriguez, President – International Division, CSI Leasing, who is the epitome of having successfully globalized the product; and, Esteban Gaviria, CEO, Leasing Bancolombia, who leads the most successful bank-held operating leasing company in Latin America. I will chair the conference and also teach a two-day seminar preceding the conference."
          Sudhir Amembal

For More Information:

CFA Related Conferences

CFA Network Calendar

ELFA ---2014 Schedule of Conferences, Workshops
and e-Learning Opportunities




News Briefs----

Cisco Cutting 6,000 Jobs, Projects Flat Revenue In First Quarter 

Fed Payments Panel Recommends Replacing ACH

Mortgages drift lower in summer doldrums

Amid weak earnings, Wal-Mart finds a bright spot in its small-scale grocery stores

David Gregory Out, Chuck Todd Takes Over 'Meet the Press'

Starbucks vows to change unpredictable barista work schedules

America’s Top 10 Restaurant Groups

Bank of England makes emergency plans in case of Scottish independence 

US Victims' Lawyer: Arab Bank Financed Terrorists




--You May Have Missed It

Denver’s Marijuana Gold Rush Is Forcing Out Locals


SparkPeople--Live Healthier and Longer

10 Easy Ways to Lighten Up Any Recipe
Boost Nutrition and Cut Calories in the Kitchen


Baseball Poem

The Machine

by Stephen Porter ©

Published: Baseball Almanac (03-20-2001)

T'was the greatest group of men, ever to play,
On a diamond, with a ball, every day

There was Joe, there was Johnny, and then there was Pete,
The whole team was sturdy, as two ton concrete

Down at first there was Tony, always catching them square,
And at second was Joe, who could run like a mare

Dave held up short, never missing a beat,
And fielding at third, no one else, but Pete

The outfield was anchored, by three all their own,
Foster, Griffey, and Geronimo, no better were known

Individually the best, well maybe not quite,
But together they put up one hell of a fight

All who watched, those 8 play the game,
Knew something was up, they were destined for fame

And sure enough, two years back to back,
The Machine won the title, for they had the knack.

Were they truly the best group, ever to play,
On a diamond, with a ball, every day

It isn't for sure, no one can agree,
For many teams have put it on the line, in this land of the free

But one thing I feel, as other Reds fans do,
Those 8 played the best, as a team, as a crew.



Sports Briefs----

Rob Manfred Elected as New M.L.B. Commissioner

Pettine: Brian Hoyer, not Johnny Manziel, will start vs. Redskins

Fairfax's Banjo Man to be strumming away at new 49ers' stadium

Oregon State Beavers quarterback Sean Mannion named to Manning Award watch list

San Francisco saying goodbye to Candlestick Park



California Nuts Briefs---

Median SF home price dips back below $1 million

'Stick Finale: Sir Paul, stuck in traffic


“Gimme that Wine”

DA files environmental lawsuit against Sebastopol winery owner

California Grape Crush Forecast: 3.9 Million Tons, Down 8 Percent from 2013 Record

How Italian wines are named

Grape sales slow in face of prospects for another big crop

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Winery Atlas\

Leasing News Wine & Spirits Page


This Day in History

     1787 - Tornadoes were reported in Connecticut, Rhode Island, Massachusetts, and New Hampshire. Wethersfield, CT was hard hit by the tornado outbreak.
    1812 - William Wells migrated with his family to Kentucky when he was nine years old. Five years later, he was captured by Miami Indians and adopted into the family of the Wea village chief Gaviahatte. The young boy quickly adapted to Indian ways. He became a distinguished warrior and married the daughter of a prominent Miami war chief. For several years, Wells fought with the Miami against American soldiers attempting to push them off their land. In 1792, however, the army captured his wife and adopted mother. In exchange for their freedom, Wells agreed to join the American army as an interpreter. A reunion with a long lost brother helped reinforce the allegiance of Wells to the Americans, though his loyalties remained conflicted for the rest of his life. For several years, Wells was an invaluable scout and interpreter for the U.S. Army, helping the Americans defeat the hostile factions of the Miami and other tribes. In 1797, he was appointed Indian agent for the Miami, Delaware, Potawatomi, and other tribes of the Old Northwest (the modern-day Midwest). Yet, increasing pressure for the Indians to give up their lands to white settlers led to renewed conflicts, and Wells was often caught between the two groups. The outbreak of the War of 1812 with Great Britain heightened an already tense situation as some Indians saw the war as chance to join forces with the British to push out the Americans. Concerned about the safety of the Americans at Fort Dearborn (now Chicago), where his niece was married to the fort commander, Wells quickly raised a rescue party of 30 Miami Indians who were loyal to him and the United States and headed north. When he arrived on August 13, he found the fort surrounded by hostile Indians. Wells argued for staying at the fort and making a stand until a larger force of American soldiers could arrive. But the commander insisted on evacuation. On this day in 1812, Wells led a small company of men, women, and children out of the fort. They had not gone far before hundreds of Potawatomi Indians ambushed the party, killing more than 50 and taking the remainder captive. Wells, who was dressed and painted as a Miami warrior, fought heroically but was eventually shot through the lungs. When he fell from his horse, witnesses claimed the Potawatomi swarmed over his body, cut out his heart, and divided it among them.
    1824 - Freed American slaves formed the country of Liberia.
    1824 - The Marquis de Lafayette, the last surviving French general of the Revolutionary War, arrives in New York and begins a tour of 24 states.
        1843 – The Cathedral of Our Lady of Peace in Honolulu is dedicated. Now the cathedral of the Roman Catholic Diocese of Honolulu, it is the oldest such cathedral in continuous use in the United States.
    1850 - Fifty firemen from the Protection Engine Co. went to Sacramento to put down squatter rioting on Capt. Sutter’s property, under the direction Mayor Geary and Capt. McCormick of the California Guards
    1859 – Birthday of Black Sox owner Charles Comiskey in Chicago.  After his playing and managing careers, he took ownership of the Chicago White Sox in 1900.  He oversaw the building of Comiskey Park in 1910 and won five American League pennants (1900, 1901, 1906, 1917, and 1919) and two World Series (1906, 1917).  Comiskey was notoriously stingy (his defenders called him "frugal"), even forcing his players to pay to launder their own uniforms.  Combined with salaries below the other players in Major League baseball, it has been concluded that these contributed to the players’ interest with gamblers in throwing the 1919 World Series to an inferior Cincinnati Reds team.   
    1876 - US law removed Indians from Black Hills after gold find. Sioux leaders Crazy Horse and Sitting Bull led their warriors to protect their lands from invasion by prospectors following the discovery of gold. This led to the Great Sioux Campaign staged from Fort Laramie. Gold was discovered in Deadwood in the Dakota Territory by Quebec brothers Fred and Moses Manuel. The mine was incorporated in California on Nov 5, 1877, as the Homestake Mining Company.
    1878 - The temperature at Denver, CO, soars to an all-time record high of 105 degrees.
    1879 – Ethel Barrymore, American actress, was born in Philadelphia.  She was the sister of actors John and Lionel Barrymore, the aunt of actor John Drew Barrymore, and the grand-aunt of actress Drew Barrymore.  Her stellar career on stage preceded her as one of the film industry’s first mega stars that later followed into television.  She married Russell Griswold Colt, grandnephew of the American arms maker.  Barrymore died in 1959 just shy of her 80th birthday, in Hollywood.
      1885 - Birthday of Edna Ferber, U.S. author and Pulitzer Prize winning novelist for “So Big” (1924). Her books “Show Boat”, “Cimarron”, “Saratoga Trunk”, “Giant”, and “Ice Palace” were all made into popular Hollywood movies.
    1904 – Puppeteer Bill Baird was born at Grand Island, NE.  Baird was the creator of the Baird Marionettes who played multiple venues…theater, film, and television.  He died in 1987.
    1909 - Hugo Winterhalter, American composer and bandleader (d. 1973)
      1912 - Birthday of Julia Child - U.S. cooking expert, author, and television personality. She won a Peabody Award in 1965 and an Emmy in 1966 for cooking shows that centered on traditional French cuisine. But the shows became a general viewing audience favorite as she conducted them in her inimitable aplomb and down-to-earth methods. She went on to write other books demystifying cooking in general and French gourmet cooking in particular. Bon Appetite!
    1914 - The American-built waterway, the Panama Canal, across the Isthmus of Panama, connecting the Atlantic and Pacific oceans, is inaugurated with the passage of the U.S. vessel SS Ancon, a cargo and passenger ship. The rush of settlers to California and Oregon in the mid 19th century was the initial impetus of the U.S. desire to build an artificial waterway across Central America. In 1855, the United States completed a railroad across the Isthmus of Panama (then part of Colombia), prompting various parties to propose canal-building plans.
    1914 - A male servant of American architect Frank Lloyd Wright sets fire to the living quarters of the latter's Wisconsin home, Taliesin, murders seven people and burns the living quarters to the ground.
    1915 - A story in the New York World newspaper reveals that the Imperial German government had purchased excess phenol from Thomas Edison that could be used to make explosives for the war effort and diverted it to Bayer for Aspirin production.
      1918 - Russia severed diplomatic ties with US.
    1919 – Henry Richard ‘Huntz’ Hall, one of the original Bowery Boys born in NYC.  (d. 1999)
      1923 - Birthday of singer Jimmy Witherspoon, Gurdon, AR.
    1923 – Actress, singer Rose Marie (Mazetta), child star (Baby Rose Marie) of the 1930’s and part of the cast of the long-running and Emmy winning “Dick Van Dyke Show” born in NYC.
    1924 - American activist Phyllis Schlafly’s birthday in St. Louis.  She is known for her staunch social and political conservatism, her opposition to modern feminism and for her campaign against the proposed Equal Rights Amendment. Her self-published book, “A Choice, Not an Echo”, was published in 1964 from her home
    1925 – “Mannix”.  Actor and producer Mike Connors’ (born Krekor Ohanian in Fresno) birthday.  During World War II he served in the US Army Air Force.   After the war, he attended UCLA on a basketball scholarship, where he played under Hall of Fame coach John Wooden before Wooden became THE John Wooden.  After an early film career, Connors moved to television where he played in several episodes of “Wagon Train” and “Perry Mason”, among others.  “Mannix” was a popular Saturday night show that ran from 1967-75.
    1925 – Bill Pinkney, one of the Original Drifters, born in Dalzell, SC. Before his career with the Drifters, Pinkney pitched for the Negro Leagues’ New York Blue Sox. He also served in the US Army in World War II, earning a Presidential Citation with five Bronze Stars (for battles including Normandy and Bastogne under General Patton).  After the war, Pinkney, brothers Andrew and Gerhart Thrasher, and bass singer Willie Ferbie were approached by Clyde McPhatter, who had just quit as the lead tenor of Billy Ward and The Dominoes to form the Drifters for Atlantic Records where they sang a string of rock ‘n’ roll’s early hits in the 1950s and early 1960s.  Pinkney became active in a Drifters’ revival for the PBS series, “My Music” in the 1990s-2000s before passing in 2007.
      1926 - Birthday of trombonist Urbie Green, Mobile, AL.
    1932 – Jim Lange, “The Dating Game” host, born in St. Paul, MN.  Wrapped around his stint as the game show’s host, Lange was a DJ in both LA and SF.  He recently passed on February, 2014.
    1933 – Bobby Helms born in Bloomington, IN.  He rules the airwaves every year during the Christmas holiday season. His single ‘Jingle Bell Rock’ first became a hit in 1957, and it reappeared on the charts four of the following five years to become an all-time Christmas classic. Before he was pigeonholed, though, Helms had a successful country career with two number one hits to his credit… Helms' first single in 1957 titled ‘Fraulein’ went to No. 1 on the country music chart and made it into the Top 40 on the Billboard Hot 100 chart. Later that same year, he released ‘My Special Angel,’ which also hit No. 1 on the country charts and entered the Top 10 on Billboard's pop music chart, peaking at No. 7.  Helms died in 1997.
    1934 - 19 years of occupation ended as the 1st Marine Brigade departed Haiti.
    1935 – Will Rogers and Wiley Post are killed after their aircraft develops engine problems during takeoff in Barrow, AK.
    1935 – Vernon Jordan, one of President Clinton’s close advisors, born in Atlanta.
    1938 – Supreme Court Justice Stephen Breyer born in San Francisco.
      1939-- After five directors, several script drafts, and endless casting changes, the movie musical “The Wizard of Oz” premieres at Grauman's Chinese Theatre in Hollywood.
    1942 - The Japanese submarine I-25 departed Japan with a floatplane in its hold. It was assembled upon arriving off the West Coast of the US, and used to bomb U.S. forests.
    1944—After several postponements, Allied forces began Operation Dragoon, the landing on the south coast of France during WWII*.  More than 2,000 transports and landing craft transported 94,000 men to an area between Toulon and Cannes, with only 183 allied losses.  they encountered minimal opposition, and by the end of August, the French coast from the mouth of the Rhone to Nice was in Allied hands. Sgt. Connor received
a medal of honor for his role, and you can read more about this event below.
    1944 - CONNOR, JAMES P., Medal of Honor.
Rank and organization: Sergeant, U.S. Army, 7th Infantry, 3d Infantry Division. Place and date: Cape Cavalaire, southern France, 15 August 1944. Entered service at: Wilmington, Del. Birth: Wilmington, Del. G.O. No.: 18, 15 March 1945. Citation: For conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty. On 15 August 1944, Sgt. Connor, through sheer grit and determination, led his platoon in clearing an enemy vastly superior in numbers and firepower from strongly entrenched positions on Cape Cavalaire, removing a grave enemy threat to his division during the amphibious landing in southern France, and thereby insured safe and uninterrupted landings for the huge volume of men and materiel which followed. His battle patrol landed on "Red Beach" with the mission of destroying the strongly fortified enemy positions on Cape Cavalaire with utmost speed. From the peninsula the enemy had commanding observation and seriously menaced the vast landing operations taking place. Though knocked down and seriously wounded in the neck by a hanging mine which killed his platoon lieutenant, Sgt. Connor refused medical aid and with his driving spirit practically carried the platoon across several thousand yards of mine-saturated beach through intense fire from mortars, 20-mm. flak guns, machineguns, and snipers. En route to the Cape he personally shot and killed 2 snipers. The platoon sergeant was killed and Sgt. Connor became platoon leader. Receiving a second wound, which lacerated his shoulder and back, he again refused evacuation, expressing determination to carry on until physically unable to continue. He reassured and prodded the hesitating men of his decimated platoon forward through almost impregnable mortar concentrations. Again emphasizing the prevalent urgency of their mission, he impelled his men toward a group of buildings honeycombed with enemy snipers and machineguns. Here he received his third grave wound, this time in the leg, felling him in his tracks. Still resolved to carry on, he relinquished command only after his attempts proved that it was physically impossible to stand. Nevertheless, from his prone position, he gave the orders and directed his men in assaulting the enemy. Infused with Sgt. Connor's dogged determination, the platoon, though reduced to less than one-third of its original 36 men, outflanked and rushed the enemy with such furiousness that they killed 7, captured 40, seized 3 machineguns and considerable other materiel, and took all their assigned objectives, successfully completing their mission. By his repeated examples of tenaciousness and indomitable spirit Sgt Connor transmitted his heroism to his men until they became a fighting team which could not be stopped.
    1944 – Former NBC News anchor Linda Ellerbee was born in Bryan, TX.
    1945 – NFL Hall of Famer and Players Union head Gene Upshaw born in Robstown, TX.  He was an original Oakland Raider from the AFL days.  Upshaw died in 2008.
    1945 – World War II gasoline rationing in America ended on this day. Rationing was just one of the special measures taken in the U.S. during wartime. Civilian auto production virtually ceased after the attack on Pearl Harbor, as the U.S. automotive industry turned to war production. Automotive firms made almost $29 billion worth of military materials between 1940 and 1945, including jeeps, trucks, machine guns, carbines, tanks, helmets, and aerial bombs. After the war, rationing ended and the auto industry boomed.
     1945 – Celebrations mark the end of World War II — VJ Day. A two-day holiday is proclaimed for all federal employees. In New York, Mayor La Guardia pays tribute to Franklin Delano Roosevelt, the deceased president, in a radio broadcast.
     1945 – US Task Force 38 launches massive air strikes on the Tokyo area, encountering numerous Japanese fighters but the aircraft are recalled upon receipt of the surrender announcement. Meanwhile, Vice-Admiral Ugaki, commanding Kamikaze operations, leads a final mission but the 7 dive-bombers are shot down off Tokyo before they can reach Okinawa.
    1945 – Following the bombings of Hiroshima and Nagasaki on August 6, Emperor Hirohito gave a recorded radio address across the Empire during which he announced the surrender of Japan to the Allies.

      1946 – One of 20th century America’s most prolific songwriters, Jimmy Webb was born in Elk City, OK.  His songs have been performed by many popular contemporary singers, including Glen Campbell, the 5th Dimension, Thelma Houston, the Supremes, Richard Harris, Johnny Maestro, Frank Sinatra, Elvis Presley, Isaac Hayes, Art Garfunkel, Amy Grant, America, Linda Ronstadt, R.E.M., Michael Feinstein, Donna Summer and Carly Simon. Inducted in the 1986 Songwriters Hall of Fame.  As a co-writer in 1968 with Glen Campbell of “Wichita Lineman”, he was inspired by the isolation of a telephone-pole worker he saw on the Kansas-Oklahoma border. Campbell then asked if Webb could come up with another, so he wrote “By the Time I Get to Phoenix.”  According to BMI, “By the Time I Get to Phoenix’ was the third most performed song in the fifty years between 1940 and 1990. Webb is the only artist ever to have received Grammy Awards for music, lyrics, and orchestration. 

     1946 - Saint Louis, MO, was deluged with a record 8.78 inches of rain in 24 hours.
   1951 - Top Hits
“Too Young” - Nat King Cole
“Mister and Mississippi” - Patti Page
“Because of You” - Tony Bennett
“I Wanna Play House with You” - Eddy Arnold
   1953 - Perry Como's "No Other Love" hits #1
   1955 - Elvis Presley attends a meeting in Memphis with his manager Bob Neal, Colonel Tom Parker and his father, Vernon Presley, at which a new contract is signed that names Colonel Parker as "special advisor" with control of virtually every aspect of Elvis' career. Parker was not really a Colonel at all, but a Dutch immigrant named Andreas Cornelius van Kujik, whose honorary title was given to him in 1948 by Governor Jimmie Davis of Louisiana. He was a flamboyant promoter whose pre-Elvis experience included shows called “The Great Parker Pony Circus” and “Tom Parker and His Dancing Turkeys” and was a veteran of carnivals, medicine shows and various other entertainment enterprises.
   1955 - After a suggestion that RCA bid $20,000 to land Elvis Presley, company executive Mitch Miller replies "no singer is worth that much."
   1958 – Buddy Holly and Maria Elena Santiago are married in a private ceremony at his parents’ home in Lubbock, TX.
     1959 - Top Hits
“Lonely Boy” - Paul Anka
“A Big Hunk o’ Love” - Elvis Presley
“My Heart is an Open Book” - Carl Dobkins, Jr.
“Waterloo” - Stonewall Jackson
    1960 - Elvis Presley's "It's Now or Never" sits on top of the Billboard singles chart, where it would stay for a month. The record would have international sales of over 20 million and become a personal favorite of The King.
    1961 – Two days after sealing off free passage between East and West Berlin with barbed wire, East German authorities begin building a wall–the Berlin Wall–to permanently close off access to the West. For the next 28 years, the heavily fortified Berlin Wall stood as the most tangible symbol of the Cold War–a literal “iron curtain” dividing Europe. The end of World War II in 1945 saw Germany divided into four Allied occupation zones. Berlin, the German capital, was likewise divided into occupation sectors, even though it was located deep within the Soviet zone. The future of Germany and Berlin was a major sticking point in postwar treaty talks, and tensions grew when the United States, Britain, and France moved in 1948 to unite their occupation zones into a single autonomous entity–the Federal Republic of Germany (West Germany). In response, the USSR launched a land blockade of West Berlin in an effort to force the West to abandon the city. However, a massive airlift by Britain and the United States kept West Berlin supplied with food and fuel, and in May 1949 the Soviets ended the defeated blockade. By 1961, Cold War tensions over Berlin were running high again.  In 1989, East Germany’s communist regime was overwhelmed by the democratization sweeping across Eastern Europe. On the evening of November 9, 1989, East Germany announced an easing of travel restrictions to the West, and thousands demanded passage though the Berlin Wall. Faced with growing demonstrations, East German border guards opened the borders. Jubilant Berliners climbed on top of the Berlin Wall, painted graffiti on it, and removed fragments as souvenirs. The next day, East German troops began dismantling the wall. In 1990, East and West Germany were formally reunited.
    1964 - Despite the fact that the US record charts are dominated by Rock ‘n’ Roll, crooner Dean Martin has the number one record with his biggest hit, "Everybody Loves Somebody". The song had been around since 1949 and had been previously recorded by several well-known artists without success.
    1964 - A race riot took place in Dixmoor, a suburb of Chicago, Ill.
    1965 - The Beatles' third North American tour kicks off at Shea Stadium in front of a record crowd of 55,000 fans and 2,000 security guards. It grossed $304,000, of which The Beatles' share was $160,000. At 8 pm EST, the Beatles take the stage at Shea Stadium in New York City, marking the very first time a rock band would headline a stadium concert and a major victory for promoter Sid Bernstein, who had arranged the gig after his gamble of booking the then-unknown group at Carnegie Hall had paid off. Tickets for the show, sold merely by word of mouth created by kids who asked Bernstein about the next Beatles show while he strolled in Central Park, sold out in just three weeks, beating the stadium's old seating record with 56,000 seats sold. Two thousand professionals were pressed into service for security. The concert, filmed for BBC and NBC both, also featured openers Brenda Holloway, The King Curtis Band, and Bernstein's new obsession, the Young Rascals.
    1966 - The Mamas and Papas cut short their act at the Forest Hills Stadium as some 20 teen-agers spoiled the show. In the midst of “Monday, Monday,” several teen-agers charged across the grass and attempted to leap on stage. They were deterred by a heavy detail of New York police. On the last note of the song, the group ran off the stage and did not return, even though they were called back for an encore.
    1966 – Bobby Darin stages a crossover, releasing “If I Were a Carpenter”.
    1967 - Top Hits
“Light My Fire” - The Doors
“All You Need is Love” - The Beatles
“A Whiter Shade of Pale” - Procol Harum
“I’ll Never Find Another You” - Sonny James
   1967 - At the San Francisco Fillmore Auditorium: Count Basie & His Orchestra, Chuck Berry, Charles Lloyd Quartet, The Young Rascals, Steve Miller Band, Hair.
    1967 - The Sundance fire in northern Idaho was started by lightning. Winds of 50 mph carried firebrands as much as ten miles in advance to ignite new fires, and as a result, the forest fire spread twenty miles across the Selkirk Mountains in just twelve hours, burning 56,000 acres. The heat of the fire produced whirlwinds of flame with winds up to 300 mph which flung giant trees about like matchsticks.
    1968 - The Beatles record "Rocky Raccoon"
    1969 - The Woodstock Music and Art Festival began on Max Yasgur's 600 acre farm in Bethel, New York, promising "three days of peace, love, and music." Featuring two dozen of the country's hottest bands, the festival draws over 450,000 hippies to the tiny town, causing unimaginable traffic and logistics problems but nevertheless impressing the ordinary citizens. Three deaths, two births, four miscarriages, and a wedding are all reported before Jimi Hendrix ends the festivities with his legendary rendition of the US national anthem. Also appearing were (in part) Joe Cocker, Crosby Stills Nash and Young, Santana, The Who, Credence Clearwater Revival, Grateful Dead, Janis Joplin, The Band, Canned Heat, Joan Baez, Santana, Melanie, Ten Years After, Sly and the Family Stone, Johnny Winter, Jefferson Airplane, Ravi Shankar, Country Joe and the Fish, Blood Sweat and Tears, and Arlo Guthrie. Among those who elected not to attend were Tommy James and the Shondells, Led Zeppelin, The Beatles, Bob Dylan, The Byrds, Jethro Tull, and The Moody Blues.
    1969 - Three Dog Night are awarded a Gold record for their self-titled debut album. The LP featured two modest selling 45s, "Nobody" and "Try A Little Tenderness" and the group had moved on to record their second album, "Suitable for Framing" when ABC Dunhill released a third single, "One". It shot to #5 in the US and subsequent copies of the LP were labeled "Three Dog Night - One".
    1970 - "Looking Out My Back Door" by Creedence Clearwater Revival enters the Billboard Hot 100 on its way to #2. Although some fans speculate that the song is about drugs because of its colorful, dream-like lyrics, writer John Fogerty said it was actually written for his then three-year old son, Josh.
    1970 – Patricia Palinkas becomes the first woman to play professionally in an American football game.  She was a holder for her husband Steven Palinkas for the Orlando Panthers in the Atlantic Coast Football League.
   1971 – President Nixon completes the break from the gold standard by ending convertibility of the US dollar into gold by foreign investors.
     1972 – Ben Affleck was born in Berkeley, CA.  He won the Academy Award in 1997 for “Good Will Hunting,” co-written with Matt Damon.
     1973 - Baltimore, MD, declares today "Cass Elliot Day" in honor of the native singer for The Mamas and the Papas, who was born there September 19, 1941.
     1973 – US bombing of Cambodia during the Viet Nam War ends.
      1975 - Top Hits
“One of These Nights” - Eagles
“Jive Talkin’” - Bee Gees
“Please Mr. Please” - Olivia Newton-John
“Just Get Up and Close the Door” - Johnny Rodriguez
    1979 - After years of production and financial troubles, “Apocalypse Now” finally opens in American theaters, three months after its premiere at Cannes.
     1981 - Lionel Richie and Diana Ross saw their duet "Endless Love" rise to the number one position in the US for the first of nine weeks. Because of scheduling difficulties, the song was completed at a Reno, Nevada recording studio at 5 A.M., after one of Diana's concerts. Richie was dividing his time between the next Commodores album and work with Kenny Rogers.
    1983 - Top Hits
“Every Breath You Take” - The Police
“Sweet Dreams (Are Made of This)” - Eurhythmics
“She Works Hard for the Money” - Donna Summer
“Your Love’s on the Line” - Earl Thomas Conley
    1987 - Less than three months after they go to No. 1 on Billboard's Hot 100 for the first time with "With or Without You," U2 return to the top of the chart with "I Still Haven't Found what I'm Looking For," the second single from "The Joshua Tree." (A birthday present for the Edge.)
   1987 - Thunderstorms developing ahead of a sharp cold front produced severe weather in the Upper Midwest during the afternoon and evening hours, with Minnesota and eastern South Dakota hardest hit. A thunderstorm in west central Minnesota spawned a tornado at Eagle Lake which killed one person and injured eight others. A thunderstorm in eastern South Dakota produced softball size hail at Warner.
   1988 - Thirty five cities in twenty states in the north central and northeastern U.S. reported record high temperatures for the date, including Lamoni, IA and Baltimore, MD, where the mercury hit 105 degrees. Temperatures 100 degrees or above were reported in twenty-two states. Pierre, SD was the hot spot in the nation with a high of 114 degrees. Bluefield, WV reported eight straight days of record heat.
    1989 - Evening thunderstorms in eastern New Mexico produced wind gusts to 66 mph at Clovis. Evening thunderstorms in West Texas produced baseball size hail around Hereford, Dimmitt, Ware and Dalhart.
    1990 – Actress Jennifer Lawrence was born in Louisville.  Her performance in “Silver Linings Playbook”, opposite Bradley Cooper, won her the Best Actress Oscar, making her the second-youngest Best Actress winner.  She followed that with an Oscar nomination for Best Supporting Actress in “American Hustle”.
     1991 - Top Hits
“(Everything I Do) I Do It for You” - Bryan Adams
“P.A.S.S.I.O.N.” - Rhythm Syndicate
“Summertime” - D.J. Jazzy Jeff & The Fresh Prince
“She’s in Love with the Boy” - Trisha Yearwood
    1991 - Paul Simon gave a free concert in Central Park, New York in front of 600,000 people. The performance was released later in the year as "Paul Simon's Concert in the Park".
    1994 - Janet Jackson tied Aretha Franklin for the most gold singles by a female artist - 14 - when "Any Time, Any Place" was certified as having sold more than 500,000 copies. 
    1995 – Shannon Faulkner becomes the first female cadet matriculated at The Citadel (she drops out less than a week later).
     1995 - The Canadian stage production of Disney's "Beauty and the Beast" opened at the Princess of Wales Theatre in Toronto. At $17 million, it was the most expensive stage production in Canadian history.
    1995   At request of the Mantle family, Bob Costas delivers the eulogy at Mickey's funeral. The popular broadcaster, known for his love of the game and his admiration of the Yankee superstar, describes the Hall of Famer as "a fragile hero to whom we had an emotional attachment so strong and lasting that it defied logic."
    1996 - A New York women's shelter refuses to take money raised by a recent benefit concert when they learn that one of the performers was James Brown, often accused of emotional and physical abuse of women.   
     2000 - Club owner Ted Turner and two-time National League MVP Dale Murphy are inducted into the Atlanta Braves Hall of Fame joining Hank Aaron, Eddie Mathews, Phil Niekro and Warren Spahn.
      2002 - A memorial to John Lennon was unveiled in the remote Scottish village of Durness, where Lennon had spent his holidays from age seven to fifteen. The lyrics from "In My Life" were inscribed on three stones.
     2006 - Deana Martin's album "Memories Are Made of This" was released. The album featured her versions of many of her father's hits and other hits by Frank Sinatra and Sammy Davis Jr.
      2007 - The Osmond Brothers, joined by siblings Donny, Marie and Jimmy, took the stage for the taping of a 50th anniversary reunion show to be aired on PBS. A meeting of no less than seven singing Osmonds onstage hadn't happened in more than 20 years, although no one could remember the exact date of the last full family concert.
    2011  - Jim Thome becomes the eighth player to reach the 600 career home runs plateau when he hits a two-run homer in the sixth (599), followed by three-run blast an inning later off Detroit's Daniel Schlereth. Needing fewer at-bats to reach 600 than anyone except for Babe Ruth, the 40-year-old Twins slugger accomplishes the feat in his 8,167th at-bat, compared to the Babino's 6,921.
    2013 - The Smithsonian announces the discovery of the olinguito, the first new carnivoran species found in the Americas in 35 years.



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